ENROLLED
Senate Bill No. 367
(By Senators Anderson, Bailey, Chafin, Helmick, Jackson, Love,
Plymale, Prezioso, Sharpe, Walker, Boley, Dugan, McKenzie, Minear
and Sprouse)
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[Passed April 12, 1997; in effect ninety days from passage.]
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AN ACT to amend and reenact sections one, two and three, article
two, chapter five-b of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
four-a, all relating generally to the West Virginia
development office; allowing the chair of tourism to appoint
a designee to serve on the council for community and economic
development; removing obsolete language regarding initial
appointments to the council; providing for confidentiality of
materials received by the development office or other public
body whose primary responsibility is economic development;
removing obsolete language regarding the development of a
reorganization plan for the development office and the report
to the governor and the Legislature on the reorganization;
providing for the amount of matching grants available to participating economic development corporations and
authorities under the certified development community program;
allowing the development office to enter into contractual
agreements with eligible regional councils to provide funding
for obtaining federal matching grants and for other purposes;
specifying the amount of the state allocation; and requiring
the development office to develop eligibility criteria.
Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article two, chapter five-b
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that said article be
further amended by adding thereto a new section, designated section
four-a, all to read as follows:
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§5B-2-1. West Virginia development office; confidentiality.
The governor's office of community and industrial development
is hereby continued but is hereafter designated and shall be known
as the West Virginia development office. All references in this
code to 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 development office.
Any documentary material, data or other writing made or
received by the West Virginia development office 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 the provisions of article one, chapter twenty- nine-b of this code: Provided, That any agreement entered into or
signed by the development office or public body which obligates
public funds shall be subject to inspection and copying pursuant to
the provisions of said article as of the date the agreement is
entered into, signed or otherwise made public.
§5B-2-2. Council for community and economic development; members,
appointment and expenses; meetings; appointment and
compensation of director.
(a) The council for community and economic development, within
the West Virginia development office, is a body corporate and
politic, constituting a public corporation and government
instrumentality. Membership on the council consists of:
(1) Nine members to be appointed by the governor, with the
advice and consent of the Senate, representing community or
regional interests, including economic development, commerce,
banking, manufacturing, the utility industry, the mining industry,
the telecommunications/data processing industry, small business,
labor, tourism or agriculture: Provided, That one member appointed
pursuant to this subsection shall be a member of a regional
planning and development council. Of the nine members representing
community or regional interests, three members shall be from each
congressional district of the state and shall be appointed in such a manner as to provide a broad geographical distribution of members
of the council;
(2) Two at-large members to be appointed by the governor with
the advice and consent of the Senate;
(3) One member to be appointed by the governor from a list of
two persons recommended by the speaker of the House of Delegates;
(4) One member to be appointed by the governor from a list of
two persons recommended by the president of the Senate;
(5) The president of the West Virginia economic development
council; and
(6) The chair, or his or her designee, of the tourism
commission created pursuant to the provisions of section eight of
this article.
(b) The governor shall appoint the appointed members of the
council for four-year terms. Any member whose term has expired
shall serve until his or her successor has been duly appointed and
qualified. Any person appointed to fill a vacancy shall serve only
for the unexpired term. Any member is eligible for reappointment.
In cases of any vacancy in the office of a member, the vacancy
shall be filled by the governor in the same manner as the original
appointment.
(c) Members of the council are not entitled to compensation
for services performed as members, but are entitled to
reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties. A majority of the
members constitute a quorum for the purpose of conducting business.
The council shall elect its chair for a term to run concurrent with
the term of office of the member elected as chair. The chair is
eligible for successive terms in that position.
(d) The council shall employ an executive director of the West
Virginia development office, who is qualified for the position by
reason of his or her extensive education and experience in the
field of professional economic development. The executive director
shall serve at the will and pleasure of the council. The salary of
the director shall be fixed by the council. The director shall
have overall management responsibility and administrative control
and supervision within the West Virginia development office. It is
the intention of the Legislature that the director provide
professional and technical expertise in the field of professional
economic and tourism development in order to support the policy
making functions of the council, but that the director not be a
public officer, agent, servant or contractor within the meaning of
section thirty-eight, article VI of the constitution of the state
and not be a statutory officer within the meaning of section one,
article two, chapter five-f of this code. Subject to the provi
sions of the contract provided for in section four of this article,
the director may hire and fire economic development representatives
employed pursuant to the provisions of section five of this article.
§5B-2-3. Powers and duties of council for community and economic
development.
(a) The council for community and economic development shall
enhance economic growth and development through the development of
a comprehensive economic development strategy for West Virginia.
"Comprehensive economic development strategy" means a plan that
outlines strategies and activities designed to continue, diversify
or expand the economic base of the state as a whole; create jobs;
develop a highly skilled work force; facilitate business access to
capital, including venture capital; advertise and market the
resources offered by the state with respect to the needs of
business and industry; facilitate cooperation among local, regional
and private economic development enterprises; improve
infrastructure on a state, regional and community level; improve
the business climate generally; and leverage funding from sources
other than the state, including federal and private sources.
(b) The council shall develop a certified development
community program and provide funding assistance to the
participating economic development corporations or authorities
through a matching grant program. The council shall establish
criteria for awarding matching grants to the corporations or
authorities within the limits of funds appropriated by the
Legislature for the program. The matching grants to corporations or authorities eligible under the criteria shall be in the amount
of thirty thousand dollars for each fiscal year, if sufficient
funds are appropriated by the Legislature. The West Virginia
development office shall recognize existing county, regional or
multi-county corporations or authorities where appropriate.
In developing its plan, the West Virginia development office
shall consider resources and technical support available through
other agencies, both public and private, including, but not limited
to, the state college and university systems; the West Virginia
housing development fund; the West Virginia economic development
authority; the West Virginia parkways, economic development and
tourism authority; the West Virginia round table; the West Virginia
chamber of commerce; regional planning and development councils;
regional partnership for progress councils; and state
appropriations.
(c) The council shall promulgate rules to carry out the
purposes and programs of the West Virginia development office 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 the provisions of chapter
twenty-nine-a of this code, but shall be filed with the secretary
of state.
§5B-2-4a. State allocation to regional councils.
The West Virginia development office may enter into contractual agreements with the regional councils formed under the
provisions of section five, article twenty-five, chapter eight of
this code to provide funding to the regional councils to be used to
obtain federal matching grants and for other purposes determined to
be appropriate by the development office. The maximum state
allocation to each eligible regional council shall be forty
thousand dollars: Provided, That the amount of the allocation
shall be determined by dividing the number of eligible regional
councils into the total amount of funds made available for
allocation by the Legislature. The West Virginia development
office shall develop criteria to determine a regional council's
eligibility for the state allocation.