HB2008 SFA Tarr 4-7 #1
Fletcher 7835
Senator Tarr moved to amend the amendment on page 2, section 2, lines 28-32, by striking out all of subdivision 7;
On page 4, lines 1-4, by striking out the article heading and substituting therefor a new article heading, to read as follows:
ARTICLE 2. DEPARTMENT OF ECONOMIC DEVELOPMENT.;
On pages 4-5, article 2, by striking out all of section 1 and inserting in lieu thereof a new section 1 to read as follows:
(a) The West Virginia Development Office, previously continued from the Governor’s office of community and industrial development, is hereby continued but is hereafter raised to a separate and distinct department of the executive branch of state government and is designated and shall be known as the West Virginia Department of Economic Development. All references in this code to the West Virginia Development Office, the office of community and industrial development, or the Governor’s office of community and industrial development shall be construed as references to the West Virginia Department of Economic Development. As used in this article, “Department” means the Department of Economic Development.
(b) Any documentary material, data or other writing made or received by the Department of Economic Development or other public body whose primary responsibility is economic development, for the purpose of furnishing assistance to a new or existing business shall be exempt from §29B-1-1 et seq. of this code: Provided, That any agreement entered into or signed by the Department of Economic Development or other public body which obligates public funds shall be subject to inspection and copying pursuant to §29B-1-1 et seq. of this code as of the date the agreement is entered into, signed or otherwise made public.
(c) Beginning on July 1, 2025, all employees of the Department of Economic Development shall be exempt from the state grievance procedures as set forth in §6C-2-1 et seq. of this code and from the classified civil service system under §29-6-1 et seq. of this code except that:
(1) All employees of the Department of Economic Development who are currently members of the classified civil service system shall retain their status as long as they remain in their current position, and all employees of the Department of Economic Development who currently have recourse to the state grievance procedures will continue to have access to the state grievance procedures as long as they remain in their current position; and
(d) The Secretary of the Department of Commerce shall have the authority to designate certain employees’ status under the classified civil service system and grievance procedures as may be deemed necessary to comply with federal law, federal regulation, or the requirements for receipt of federal funding or assistance.
(e) Subsection (c) of this section shall not apply to any position appointed by the Governor.
(f) Nothing in this section shall exempt the Department of Economic Development from the provisions of this code prohibiting nepotism, favoritism, discrimination, or unethical practices related to the promotion, transfer, layoff, removal, discipline, and compensation of state employees.
(b) (g) Any documentary material, data or other writing made or received by the Department of Economic Development or other public body whose primary responsibility is economic development, for the purpose of furnishing assistance to a new or existing business shall be exempt from §29B-1-1 et seq. of this code: Provided, That any agreement entered into or signed by the Department of Economic Development or other public body which obligates public funds shall be subject to inspection and copying pursuant to §29B-1-1 et seq. of this code as of the date the agreement is entered into, signed, or otherwise made public.;
On pages 5 and 6, after line 41, by striking out all of section 2 and inserting in lieu thereof a new section 2 to read as follows:
(a) The Secretary of the Department of Economic Development is the chief executive officer of the department. The Governor shall appoint the secretary, who shall be qualified for the position by reason of his or her extensive education and experience in the field of professional economic development, and by and with the advice and consent of the Senate, for the term for which the Governor is elected, and the secretary shall serve at the will and pleasure of the Governor. Any reference in this code to the Executive Director of the West Virginia Development Office means the Secretary of the Department of Economic Development. As used in this article, “secretary” means the Secretary of the Department of Economic Development. Subject to the provisions of the contract provided in §5B-2-4 of this code, the secretary may hire, and fire economic development representatives employed pursuant to §5B-2-5 of this code.
(b) The secretary may promulgate rules to carry out the purposes and programs of the Department of Economic Development to include generally the programs available and the procedure and eligibility of applications relating to assistance under the programs. These rules are not subject to Chapter 29A of this code, but shall be filed with the Secretary of State. The secretary may adopt any of the rules previously promulgated by the West Virginia Development Office or the council for community and economic development.;
On pages 6-9, by striking out all of section 3, section 3b, section 4, and section 4a;
On pages 9-11, after line 20, by striking out all of section 5 and inserting in lieu thereof a new section 5 to read as follows:
(a) The secretary may employ economic development representatives to be paid a base salary within legislative appropriations to the department, subject to applicable contract provisions pursuant to §5B-2-4 of this code. Economic development representatives may receive performance-based incentives and expenses paid from private funds from a nonprofit corporation contracting with the department pursuant to §5B-2-4 of this code. The secretary shall establish job descriptions and responsibilities of economic development representatives, subject to the provisions of any contract with a nonprofit corporation entered into pursuant to §5B-2-4 of this code.
(b) Notwithstanding any provision of this code to the contrary, economic development representatives employed within the department are not subject to the procedures and protections provided by §29-6-1 et seq. and §29-6A-1 et seq. of this code. Any employee of the department on the effective date of this article who applies for employment as an economic development representative is not entitled to the protections of by §29-6-1 et seq. of this code with respect to hiring procedures and qualifications; and upon accepting employment as an economic development representative, the employee relinquishes the protections provided for in §6C-2-1 et seq. and §29-6-1 et seq. of this code.
(c) On the last Monday in January, in years 2017, 2019 and 2021, the secretary shall submit to the Legislature a written report. The secretary shall provide copies of his or her report to the President of the Senate, the Speaker of the House of Delegates, the chair of the Senate Committee on Economic Development and the chair of the House Committee on Small Business, Entrepreneurship and Economic Development. The secretary’s report shall do the following:
(1) Identify and describe loans, grants or other funding sources that economic development representatives have assisted small businesses acquire during the immediately preceding reporting cycle;
(2) Identify and describe generally inquiries, requests for assistance or other matters that other state or federal agencies have presented to the department in the immediately preceding reporting cycle in connection with those agencies’ efforts to regulate or assist small businesses;
(3) Identify and describe issues with formation, registration and licensure requirements that state law imposes on small businesses that small businesses have identified to the department in the immediately preceding reporting cycle as burdensome;
(4) Identify specific forms, processes or requirements imposed by state law that small businesses have identified to the department in the immediately preceding reporting cycle that may be streamlined, simplified, combined, or eliminated in order to reduce unnecessary costs, delays, or other burdens on small businesses;
(5) Propose and describe concrete and specific steps that any branch, agency or level of state government may take to streamline, simplify, combine, or eliminate the forms, processes or requirements identified in subdivision (4) of this subsection; and
(6) Provide the following information:
(A) The number of small businesses counseled by the department during the immediately preceding reporting cycle;
(B) The number of new businesses created while being counseled by the department during the immediately preceding reporting cycle;
(C) The number of jobs created by businesses counseled by the department during the immediately preceding reporting cycle; and
(D) Any other information that, in the opinion of the executive director, demonstrates the performance of the department or economic development representatives during the immediately preceding reporting cycle.;
On pages 11-24, after line 47, by striking out all of sections 6, 6a, 9a, 10, 14, 16,17, 18, 19, and 20;
On pages 24-25, by striking out all of article 1;
On page 27, section 1, lines 44-45, by striking out all of subdivision (8);
On page 32, section 1, lines 160-162, by striking out all of subsection (q) and inserting in lieu thereof a new subsection (q) to read as follows:
"(q) The Department of Economic Development as established in §5B-2-1 et seq.of this code is continued as a separate independent agency within the Executive Branch";
On page 34, section 8d, lines 42-43, by striking out all of subparagraph (iii) and inserting in lieu thereof a new subparagraph (iii) to read as follows:
(iii) The Secretary of the Department of Economic Development, or his or her designee;
And,
On pages 38-40, after line 135, by striking out all of Chapter 31G.
Adopted
Rejected