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Introduced Version Senate Bill 559 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 559

(By Senators McCabe, Browning, Green Stollings and D. Facemire)

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[Introduced March 12, 2009; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-7-1, §5B-7-2, §5B-7-3, §5B-7-4, §5B-7-5 and §5B-7-6, all relating to the creation of the Governor's Commission on the Reorganization of Tamarack; setting forth legislative findings and purposes of the bill; setting forth the members and officers of the commission; setting the compensation and the funding for the expenses of the commission; stating the powers and duties of the commission; requiring the commission to report to the Joint Committee on Government and Finance and the Governor; and providing for the termination of the commission.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5B-7-1, §5B-7-2, §5B- 7-3, §5B-7-4, §5B-7-5 and §5B-7-6, all to read as follows:

ARTICLE 7. THE GOVERNOR'S COMMISSION ON THE REORGANIZATION OF TAMARACK.

§5B-7-1. Legislative findings, purposes and intent.

The Legislature hereby finds and declares that:

(a) Tamarack has created a positive image focusing on the best of West Virginia;

(b) Tamarack has created hundreds of jobs and contributed millions of dollars to the state over the past decade;

(c) Tamarack is a valuable resource for West Virginia that has created a creditable model of an incubator for small business focusing on the artisan community;

(d) Tamarack has provided a marketplace for more than 3,000 state artisans, generated more than $4 million in sales taxes and had sales in excess of $86 million;

(e) Currently approximately half of the West Virginia Parkways, Economic Development and Tourism Authority's funds are designated to retire bonds sold to build Tamarack;

(f) The West Virginia Parkways, Economic Development and Tourism Authority is struggling to maintain the West Virginia Turnpike with its current revenue stream;

(g) The current method of financing and operating Tamarack through the West Virginia Parkways, Economic Development and Tourism Authority may not be the best approach;

(h) West Virginia should explore new and more comprehensive methods of funding and operating Tamarack including commercializing Tamarack, creating a public-private partnership with a private entity, and transferring the financing and operating of Tamarack to
another governmental entity;
(i) Enormous potential exists for Tamarack to attract nationally renowned artisans to establish businesses in West Virginia; and

(j) A Governor's commission is necessary to determine the best alternative for Tamarack including, how to finance and operate Tamarack and whether a public-private partnership is feasible and desirable.

§5B-7-2. Governor's commission on the Reorganization of Tamarack; composition; appointment of members.

(a) Effective July 1, 2009, the Governor's Commission on the Reorganization of Tamarack is hereby created.
(b) The commission shall consist of the following members: (1) One shall be the Governor or designee; (2) one shall be the Secretary of Commerce or designee; (3) one shall be the chairman of the West Virginia Parkways, Economic Development and Tourism Authority or designee; and the Governor shall appoint with the advice and consent of the Senate; (4) one representative of the Tamarack Foundation; (5) one representative of the Tamarack Artisan Advisory Board; (6) one representative of the investment banking community; (7) and one representative of the national retail community. In addition, the President of the Senate or designee and the Speaker of the House of Delegates or designee shall serve as ex officio nonvoting members of the commission.
(c) The Governor or designee shall serve as chairperson and the Secretary of Commerce or designee shall serve as the vice chairperson. The commission shall appoint a secretary who need not be a member of the commission and who shall keep records of its proceedings.
(d) Four members of the commission shall constitute a quorum and the affirmative vote of at least the majority of those members present shall be necessary for any action taken by vote of the commission.
§5B-7-3. Compensation and expenses of members; expenses of the commission.

(a) The members of the commission shall be reimbursed for all of their reasonable and necessary travel and other expenses incurred in connection with carrying out their duties as members of the commission, which expenses shall be paid in the manner and form prescribed by law or by any rule. The expenses shall be paid from the Governor's Civil Contingency Fund upon approval of the Governor.
(b) Other expenses of the commission, which shall be in an amount not to exceed $500,000, including any fees, salaries, wages and other expenses, shall be paid from the appropriations made to the Governor's Civil Contingency Fund, upon approval of the Governor.
(c) Members of the commission may receive no other compensation for their services on or with the commission.
§5B-7-4. Powers and duties of the commission.
The commission has the following powers and duties:
(a) Conduct a comprehensive and detailed examination of Tamarack including, the best method of financing Tamarack, the best method of transferring the financing of Tamarack away from the West Virginia Parkways, if necessary, and whether a public-private partnership is feasible and desirable;
(b) Determine the best way for West Virginia to utilize its resources to become an attractive location for the nation's best artisans to locate and establish businesses in West Virginia;
(c) Draft legislation necessary to carry out the above objectives;
(d) Employ legal, technical, investigative, clerical, stenographic, advisory and other personnel as necessary and to fix the reasonable compensation of persons;
(e) Perform any other act necessary or effectuate the provisions of this article; and
(f) Meet no less than once a month to effectuate the provisions of this article.
§5B-7-5. Reports of the commission.

The commission shall report its findings and conclusions, along with any recommendations and legislation, it deems appropriate, to the Joint Committee on Government & Finance and the Governor on or before January 1, 2011.
§5B-7-6. Termination of commission.
The commission shall terminate July 1, 2011.





NOTE: The purpose of this bill is to create a Governor's commission on the reorganization of Tamarack. The purpose of the commission would be to determine the ideal method of financing and operating Tamarack and to draft legislation that would achieve such purpose.

Article 7 is new; therefore, strike-throughs and underscoring have been omitted.
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