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Introduced Version Senate Bill 524 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2022 regular session

Introduced

Senate Bill 524

By Senators Blair (Mr. President) and Baldwin
(By Request of the Executive)

[Introduced February 01, 2022; referred

to the Committee on Government Organization]

A BILL to repeal §10-1-12, §10-1-13, §10-1-14, §10-1-14a, §10-1-15, §10-1-16, §10-1-17, §10-1-18, §10-1-18a, §10-1-19, §10-1-20, §10-1-21, §10-1-22, §10-1-23, and §10-1-24 of the Code of West Virginia, 1931, as amended; to repeal §29-27-1, §29-27-2, §29-27-3, §29-27-4, §29-27-5, and §29-27-6 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §29-1-1 of said code; and to amend said code by adding thereto two new sections, designated §29-1-8c and §29-1-8d, all relating to placing the duties and functions of certain boards and commissions under the Department of Arts, Culture, and History; repealing certain sections related to the powers and authorities of the State Library Commission; creating a state library section in the Department of Arts, Culture, and History; amending the makeup of the State Library Advisory Commission; providing for a state library director; providing powers and duties of the state library section; providing powers and duties of the State Library Advisory Commission; to create the National Coal Heritage Area Commission; providing for the makeup of the National Coal Heritage Area Commission; setting forth the powers and duties of the National Coal Heritage Area Commission; and repealing the article related to the National Coal Heritage Area Authority. 

Be it enacted by the Legislature of West Virginia:


CHAPTER 5F.  Reorganization of the Executive Branch of State Government.

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.


§5F-2-1. Transfer and incorporation of agencies and boards; funds.


(a) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:

(1) Public Employees Insurance Agency provided in §5-16-1 et seq. of this code;

(2) Governor’s Mansion Advisory Committee provided in §5A-5-1 et seq. of this code;

(3) Commission on Uniform State Laws provided in §29-1A-1 et seq. of this code;

(4) West Virginia Public Employees Grievance Board provided in §6C-3-1 et seq. of this code;

(5) Board of Risk and Insurance Management provided in §29-12-1 et seq. of this code;

(6) Boundary Commission provided in §29-23-1 et seq. of this code;

(7) Public Defender Services provided in §29-21-1 et seq. of this code;

(8) Division of Personnel provided in §29-6-1 et seq. of this code;

(9) The West Virginia Ethics Commission provided in §6B-2-1 et seq. of this code;

(10) Consolidated Public Retirement Board provided in §5-10D-1 et seq. of this code; and

(11) Real Estate Division provided in §5A-10-1 et seq. of this code.

(b) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:

(1) Division of Labor provided in §21-1-1 et seq. of this code, which includes:

(A) Occupational Safety and Health Review Commission provided in §21-3A-1 et seq. of this code; and

(B) Board of Manufactured Housing Construction and Safety provided in §21-9-1 et seq. of this code.

(2) Office of Miners’ Health, Safety, and Training provided in §22A-1-1 et seq. of this code. The following boards are transferred to the Office of Miners’ Health, Safety, and Training for purposes of administrative support and liaison with the Office of the Governor:

(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in §22A-6-1 et seq. of this code;

(B) Board of Miner Training, Education, and Certification provided in §22A-7-1 et seq. of this code; and

(C) Mine Inspectors’ Examining Board provided in §22A-9-1 et seq. of this code.

(3) Division of Natural Resources and Natural Resources Commission provided in §20-1-1 et seq. of this code;

(4)Division of Forestry provided in §19-1A-1 et seq. of this code;

(5) Geological and Economic Survey provided in §29-2-1 et seq. of this code;

(6) Workforce West Virginia provided in chapter 21A of this code, which includes:

(A) Division of Unemployment Compensation;

(B) Division of Employment Service;

(C) Division of Workforce Development; and

(D) Division of Research, Information and Analysis; and

(7) Division of Rehabilitation Services provided in §18-10A-1 et seq. of this code.

(c) The Economic Development Authority provided in §31-15-1 et seq. of this code is continued as an independent agency within the executive branch.

(d) The Water Development Authority and the Water Development Authority Board provided in §22C-1-1 et seq. of this code is continued as an independent agency within the executive branch.

(e) The West Virginia Educational Broadcasting Authority provided in §10-5-1 et seq. of this code and the State Library Commission provided in §10-1-1 et seq. of this code are each continued as separate independent agencies is continued as a separate independent agency within the Department of Arts, Culture, and History, which shall provide administrative support for both entities the authority.

(f) The Division of Culture and History as established in §29-1-1 et seq. of this code is continued as a separate independent agency within the Executive Branch as the Department of Arts, Culture, and History. All references throughout this code to the “Division of Culture and History” means the “Department of Arts, Culture, and History”.

(g) The following agencies and boards, including all of the allied, advisory, and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the Office of the Governor:

(1) Air Quality Board provided in §22B-2-1 et seq. of this code;

(2) Solid Waste Management Board provided in §22C-3-1 et seq. of this code;

(3) Environmental Quality Board, or its successor board, provided in §22B-3-1 et seq. of this code;

(4) Surface Mine Board provided in §22B-4-1 et seq. of this code;

(5) Oil and Gas Inspectors’ Examining Board provided in §22C-7-1 et seq. of this code;

(6) Shallow Gas Well Review Board provided in §22C-8-1 et seq. of this code; and

(7) Oil and Gas Conservation Commission provided in §22C-9-1 et seq. of this code.

(h) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:

(1) Human Rights Commission provided in §5-11-1 et seq. of this code;

(2) Bureau for Public Health provided in §16-1-1 et seq. of this code;

(3) Office of Emergency Medical Services and the Emergency Medical Service Advisory Council provided in §16-4C-1 et seq. of this code;

(4) Health Care Authority provided in §16-29B et seq. of this code;

(5) State Commission on Intellectual Disability provided in §29-15-1 et seq. of this code;

(6) Women’s Commission provided in §29-20-1 et seq. of this code; and

(7) Bureau for Child Support Enforcement provided in chapter 48 of this code.

(i) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Homeland Security:

(1) West Virginia State Police;

(2) Division of Emergency Management provided in §15-5-1 et seq. of this code and Emergency Response Commission provided in §15-5A-1 et seq. of this code: Provided, That notwithstanding any other provision of this code to the contrary, whenever in this code, or a rule promulgated thereunder, a reference is made to the Division of Homeland Security and Emergency Management, it shall be construed to mean the Division of Emergency Management;

(3) Division of Administrative Services;

(4) Division of Corrections and Rehabilitation;

(5) Fire Commission;

(6) The State Fire Marshal;

(7) Board of Probation and Parole;

(8) The West Virginia Fusion Center;

(9) The Division of Protective Services; and

(10) Any other agency or entity hereinafter established within the Department of Homeland Security by an act of the Legislature.

(j) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:

(1) Tax Division provided in Chapter 11 of this code;

(2) Racing Commission provided in §19-23-1 et seq. of this code;

(3) Lottery Commission and position of Lottery Director provided in §29-22-1 of this code;

(4) Insurance Commissioner provided in §33-2-1 et seq. of this code;

(5) West Virginia Alcohol Beverage Control Commissioner provided in §11-16-1 et seq. of this code and §60-2-1 et seq. of this code;

(6) Board of Banking and Financial Institutions provided in §31A-3-1 et seq. of this code;

(7) Lending and Credit Rate Board provided in Chapter 47A of this code;

(8) Division of Financial Institutions provided in §31A-2-1 et seq. of this code;

(9) The State Budget Office provided in §11B-2-1 et seq. of this code;

(10) The Municipal Bond Commission provided in §13-3-1 et seq. of this code;

(11) The Office of Tax Appeals provided in §11-10A-1 of this code; and

(12) The State Athletic Commission provided in §29-5A-1 et seq. of this code.

(k) The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:

(1) Division of Highways provided in §17-2A-1 et seq. of this code;

(2) Parkways Authority provided in §17-16A-1 et seq. of this code;

(3) Division of Motor Vehicles provided in §17A-2-1 et seq. of this code;

(4) Driver’s Licensing Advisory Board provided in §17B-2-1 et seq. of this code;

(5) Aeronautics Commission provided in §29-2A-1 et seq. of this code;

(6) State Rail Authority provided in §29-18-1 et seq. of this code; and

(7) Public Port Authority provided in §17-16B-1 et seq. of this code.

(l) Effective July 1, 2011, the Veterans’ Council provided in §9A-1-1 et seq. of this code, including all of the allied, advisory, affiliated, or related entities and funds associated with it, is incorporated in and administered as a part of the Department of Veterans’ Assistance.

(m) Except for powers, authority, and duties that have been delegated to the secretaries of the departments by §5F-2-2 of this code, the position of administrator and the powers, authority, and duties of each administrator and agency are not affected by the enactment of this chapter.

(n) Except for powers, authority, and duties that have been delegated to the secretaries of the departments by §5F-2-2 of this code, the existence, powers, authority, and duties of boards and the membership, terms, and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers may not have their appellate or independent decision-making status affected by the enactment of this chapter.

(o) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in §5F-1-2 of this code, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.

(p) When an agency, board, or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary, or a bureau. Nothing in this section extends the powers of department secretaries under §5F-2-2 of this code to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.

(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.

(r) The Department of Tourism as established in §5B-2I-1 et seq. of this code is continued as a separate independent agency within the Executive Branch.

Chapter 10. Public Libraries; Public recreation; Athletic establishments; monuments and memorials; roster of servicemen; educational broadcasting authority.

Article 1. Public Libraries.

§10-1-12. State Library Commission.


[Repealed.]

§10-1-13. State Library Commission – officers.

[Repealed.]

§10-1-14. Same. – Powers and duties.

[Repealed.]

§10-1-14a. West Virginia Program for Open Education Resources; material description.

[Repealed.]

§10-1-15. State Library Commission – Disposition of monetary gifts.

[Repealed.]

§10-1-16. Regional libraries and library areas – Establishment and location.

[Repealed.]

§10-1-17. Regional libraries and library areas – Referral of plan to county courts; action on; alteration of plan.

[Repealed.]

§10-1-18. Regional libraries and library areas –Powers of West Virginia Library Commission.

[Repealed.]

§10-1-18a. Establishment of state publications; designation clearinghouse; definitions; powers of West Virginia Library Commission; designations by state agencies.

[Repealed.]

§10-1-19. Regional libraries and library areas – Transfer of certain libraries to Library Commission.

[Repealed.]

§10-1-20. Aid to libraries by library Commission.

[Repealed.]

§10-1-21. Collection of and preservation of library data; surveys; employment of personnel; use of data.

[Repealed.]

§10-1-22. Confidential nature of certain library records.

[Repealed.]

§10-1-23. Library Survey; status report; and ten-year plan.

[Repealed.]

§10-1-24. Library Facilities Improvement Fund.

[Repealed.]

Chapter 29. Miscellaneous Boards and Officers.

Article 1. Division of Culture and History.

§29-1-1. Division of Culture and History continued as the Department of Arts, Culture and History; sections and commissions; purposes; definitions; effective date.


(a) The Division of Culture and History and the office of Commissioner of Culture and History heretofore created are hereby continued as the Department of Arts, Culture and History. The Governor shall nominate and, by and with the advice and consent of the Senate, appoint the Curator of Arts, Culture and History, who shall be the chief executive officer of the department and shall be paid an annual salary as provided in §6-7-2a of this code. The curator so appointed shall have: (1) A bachelor’s degree in one of the fine arts, social sciences, library science or a related field; or (2) four years’ experience in the administration of museum management, public administration, arts, history, or a related field.

(b) The department shall consist of five seven sections as follows:

(1) The arts section;

(2) The archives and history section;

(3) The museums section;

(4) The historic preservation section; and

(5) The state library section;

(6) The National Coal Heritage Commission; and

(7) The administrative section.

(c) The department shall also consist of two citizens commissions as follows:

(1) A Commission on the Arts; and

(2) A Commission on Archives and History.

(d) The curator shall exercise control and supervision of the department and shall be responsible for the projects, programs, and actions of each of its sections. The purpose and duty of the department is to advance, foster and promote the creative and performing arts and crafts, including both indoor and outdoor exhibits and performances; to advance, foster, promote, identify, register, acquire, mark and care for historical, prehistorical, archaeological and significant architectural sites, structures and objects in the state; to encourage the promotion, preservation and development of significant sites, structures and objects through the use of economic development activities such as loans, subsidies, grants and other incentives; to coordinate all cultural, historical and artistic activities in state government and at state-owned facilities; to acquire, preserve and classify books, documents, records and memorabilia of historical interest or importance; and, in general, to do all things necessary or convenient to preserve and advance the arts, humanities, culture and history of the state. In the furtherance of these purposes and duties, the curator shall report directly to the Governor as a curator for both the intrinsic and extrinsic value for individuals, communities and the economy of the arts, humanities, culture, and history in West Virginia.  As such, the curator shall represent the Department of Arts, Culture and History as a full participating member in meetings of the secretaries of the departments created in §5F-1-2 of this code that are convened at the call of the Governor.

(e) The department shall have jurisdiction and control and may set and collect fees for the use of all space in the building presently known as the West Virginia Science and Culture Center, including the deck and courtyards forming an integral part thereof; the building presently known as West Virginia Independence Hall in Wheeling, including all the grounds and appurtenances thereof; “Camp Washington Carver” in Fayette County, as provided in §29-1-14 of this code; and any other sites as may be transferred to or acquired by the department. Notwithstanding any provision of this code to the contrary, including the provisions of §5B-1-1 et seq. of this code, beginning on and after July 1, 2018, the department shall have responsibility for, and control of, all visitor touring and visitor tour guide activities within the state Capitol Building at Charleston.

(f) For the purposes of this article, “commissioner” or “curator” means the Curator of Arts, Culture and History, and “division” or “department” means the Department of Arts, Culture and History. References throughout this code to the “Commissioner of Culture and History” mean the “Curator of Arts, Culture and History”, and references throughout this code to the “Division of Culture and History” mean the “Department of Arts, Culture and History”.

(g) Nothing in this article or any other provision of this code may be construed to mean that the Department of Arts, Culture and History is an executive department created pursuant to §5F-1-2 of this code, nor that the curator is the secretary of an executive department created pursuant to that section.


§29-1-8c. State Library Section.


(a) There is hereby created a West Virginia State Library Section under the Department of Arts, Culture and History

(b) The State Library Commission is continued as an advisory council to support the West Virginia State Library Section, and shall consist of the Curator of the West Virginia Department of Arts, Culture and History as an ex officio voting member and six voting members.

(1) The Governor shall appoint, by and with the advice and consent of the Senate, the voting members of the commission each for a term of four years.

(i) No more than three members may reside in the same congressional district.

(ii) At least three appointed members of the commission shall be women and at least three appointed members shall be men.

(2) No member of the State Library Commission may receive compensation for services rendered, nor be engaged or interested in the publishing business.

(3) On or before the expiration of the terms for which the members are appointed, the Governor shall appoint their successors.

(b) The Curator of the Department of Arts, Culture and History shall appoint a library director, with the advice and consent of the State Library Commission, to carry out the duties and functions of the State Library Section outlined in this section through the Department of Arts, Culture and History library section. The library director shall also serve as the Secretary of the State Library Commission.

(c) The State Library Commission shall advise the commissioner and the library director on carrying out certain duties and functions of the State Library Commission, as provided in this section.

(d) General Authority of the State Library Section.

(1) The State Library Section shall provide assistance, advice, and counsel to all school, state-institutional, free and public libraries, and to all communities in the state which may propose to establish libraries, as to the best means of establishing and administering them, selecting and cataloging books, and other details of library management, and may send any of its members to aid in organizing such libraries or assist in the improvement of those already established.

(2) The State Library Section may:

(i) Receive gifts of money, books, or other property which may be used or held for the purpose or purposes given; and may purchase and operate traveling libraries under such conditions and rules as the commission deems necessary to protect the interests of the state and best increase the efficiency of the service it is expected to render the public.

(ii) Purchase suitable books for traveling libraries and distribute them as needed to those persons and places in the state without adequate public library service.

(iii) Collect books and other suitable library matter and distribute the same among state institutions desiring the same.

(iv) Issue and offer for sale printed material, such as lists and circulars of information, and in the publication thereof may cooperate with other state Library Commissions and libraries, in order to secure the more economical administration of the work for which it was formed.

(v) Conduct courses of library instruction and hold librarians' institutes in various parts of the state.

(e) West Virginia Program for Open Education Resources; material description.

(1) The State Library Section shall establish and maintain the West Virginia Program for Open Education Resources to encourage and facilitate the use of open education resource materials in both higher education and kindergarten through 12th grade in West Virginia schools.

(2) “Open education resource materials” means teaching, learning and resource materials in any medium, digital or otherwise, that reside in the public domain or have been released under an open license that permits low-cost access, use, adaptation and redistribution by others with no or limited restrictions.

(3) The State Library Commission, in consultation with the Higher Education Policy Commission, the West Virginia Council for Community and Technical College Education, and the State Superintendent of Schools, or his or her designee, shall:

(i) Ascertain what institutions or faculty are currently using open education resource material.

(ii) Identify material currently associated with core general education courses and readily available for use by faculty and institutions;

(iii) Identify any statutory or other impediments which interfere with selection and use of open education resource materials by administrators or teachers at all levels of instruction in West Virginia schools;

(iv) Identify sources of potential grants for funding for teachers and institutions to use open education resource materials for classes and courses, and propose a competitive application system to award grant funding for those faculty and institutions seeking to use the open education resource materials;

(v) Establish a digital clearing house that will function as a publicly accessible database for open education resource material;

(vi) Develop strategies to leverage further open education resource material to benefit higher education institutions and school systems, as well as private and foundation support for the project; and

(vii) Report no later than July 1 of each year the program’s findings, progress and recommendations to the State Library Section, the Governor, and the chairs of the Legislature’s House and Senate Committees on Education.

(f) State Library Section -- Disposition of monetary gifts.

(1) If any sums of money are received by the State Library Section as gifts, they shall be paid into the State Treasury and used exclusively for carrying out the provisions of this section, and paying expenses of the State Library Section and the State Library Commission.

(2) The State Library Section shall expend no sums unless they are available by gift, appropriation, or otherwise.

(g) Regional libraries and library areas -- Establishment and location.

(1) The State Library Commission is hereby authorized to develop a plan for the establishment and location of regional libraries, and library areas throughout the state, based on a detailed survey to be made by the State Library Commission, of the needs of the various localities of the state. A region shall include two or more counties.

(2) On completion of such survey of any proposed region, the State Library Commission shall report their findings to the State Library Section and the state library director, who may refer the proposal to the county commissions or councils of all the counties included in such proposed region. The county commissions or councils may act upon such proposal by resolution, and the votes of a majority of each of the county commissions or councils of the counties included in the proposed region shall be necessary for the adoption of such proposal. The proposal may be amended and resubmitted as necessary.

(3) The West Virginia Library Section may, with advice and input from the State Library Commission, and as the state library director may consider necessary or beneficial:

(i) Establish, maintain, and operate a public library for the region;

(ii) Appoint a librarian and the necessary assistants, and to fix their compensation, such appointments to be based upon merit and efficiency as determined by the state library director. The librarian shall hold a certificate from an approved school of library science and shall have had not less than three years of practical experience in library work. The state library director may also remove said librarian and other assistants;

(iii) Purchase books, periodicals, equipment, and supplies;

(iv) Purchase sites and erect buildings, and/or to lease suitable quarters, and to have supervision and control of said property;

(v)Borrow books from and lend books to other libraries;

(vi) Enter into contracts to receive service from or give service to libraries within or without the region and to give service to municipalities without the region which have no libraries, or to cooperate with and aid generally without such contracts, public school, institutional and other libraries;

(vii) Make such bylaws, rules, and regulations not inconsistent with this article as may be expedient for the government of regional library areas and the regional libraries therein, and for the purpose of carrying out the provisions of this article;

(viii) Accept for the State of West Virginia any appropriations of money that may hereafter be made out of the federal treasury by an act or Acts of Congress and to disburse such funds for the purpose of carrying out the provisions of this article, in accordance with §18-10-11, §18-10-11, and §18-10-2 of this code.

(h) Establishment of state publications clearinghouse; definitions; powers of State Library Section; designations by state agencies.

(1) There is hereby continued the state depository library clearinghouse which shall be under the direction of the State Library Section.

(2) As used in this section, the following terms have the following meanings:

“Public document” means any document, report, directive, bibliography, rule, newsletter, pamphlet, brochure, periodical, request for proposal, or other publication, whether in print or an unprinted format, that is paid for, in whole or in part, by funds appropriated by the Legislature and may be subject to distribution to the public;

“Depository library” means a library designated to collect, catalog, maintain and make available all or particular selected state publications to the general public; and

“State agency” means any state office, whether legislative, executive, or judicial, including, but not limited to, any Constitutional officer, department, division, bureau, board, commission or other agency which expends state appropriated funds.

(3) The State Library Section shall establish a state depository library clearinghouse to receive and distribute all state public documents to the depository libraries around the state.

(4) The state library director shall designate a state library staff member as director of the state publications clearinghouse for librarians, which may be in addition to any other duties. The clearinghouse director shall hold a graduate degree in library science from an accredited institution of higher learning. The clearinghouse shall establish requirements for eligibility to become and remain a depository library.

(5) In designating a library as a depository library, the clearinghouse shall consider the geography of the state and the existing federal depository libraries. West Virginia University library, Marshall University library and the state department of archives shall be designated as complete depository libraries that shall receive two copies of all public documents. The clearinghouse shall also, pursuant to the requirements it establishes hereunder, designate other libraries around the state as depository libraries, upon request from a library.

(6) Each state agency shall designate one person as its documents officer while notifying the clearinghouse of his or her identity. The documents officer shall, prior to the public release of any state public document, deposit with the clearinghouse a minimum of 15 copies as required to meet the needs of the depository library system. If fewer than 40 copies of a public document are produced, no more than two such copies are required to be deposited with the clearinghouse.

(i) Aid to libraries by State Library Section.

(1) The State Library Section may render such aid and assistance, financial, advisory and/or otherwise, to public, school, county, or regional libraries, whether established or maintained by the State Library Section or not, under such conditions and rules and regulations as the State Library Section may determine necessary to further the interests of the state and best increase the efficiency of the service it is expected to render the public.

(2) The State Library Commission may review and analyze the status of libraries across the state and advise the State Library Section on projects and libraries that it has determined that the development and support of those libraries will further the education of the people of the state as a whole and will thereby aid in the discharge of the responsibility of the state to encourage and foster education, the West Virginia Library Section may pay over and contribute to any board of library directors created and maintained pursuant to the provisions of this section or any special act of the Legislature such sum or sums of money as may be available from funds included in appropriations made for the State Library Section for that purpose.

(k) Collection and preservation of library data; surveys; employment of personnel; use of data.

(1) The West Virginia Library Section may collect and preserve statistics and other data, concerning libraries of any sort located within this state; to make surveys relating to the needs or conditions of such libraries or the library conditions of any city, town, county, regional library area, or other subdivision of this state; and to publish the results and findings thereof in accordance with the provisions of section fourteen of this article.

(2) The State Library Section may employ necessary personnel for any of these purposes.

(3) Such data, surveys and findings of the State Library Section shall be available to all school, public, institutional, regional and/or other libraries within this state, whether proposed or established.

(l) Confidential nature of certain library records.

(1) Circulation and similar records of any public library in this state which identify the user of library materials are not public records but shall be confidential and may not be disclosed except:

(i) To members of the library staff in the ordinary course of business, including paid employees and unpaid volunteers upon completing a written confidentiality agreement which shall prevent disclosure of circulation records, personal information, and similar records of any public library except to the extent allowed under this subsection and obtaining written permission from the library director of the library system wherein he or she will be working;

(ii) Upon written consent of the user of the library materials or the user's parents or guardian if the user is a minor or ward; or

(iii) Upon appropriate court order or subpoena.

(2) Any disclosure authorized by subsection (1) of this subsection, or any unauthorized disclosure of materials made confidential by that subsection (1) does not in any way destroy the confidential nature of that material, except for the purpose for which an authorized disclosure is made. A person disclosing material as authorized by subsection (1) of this subsection is not liable therefor.

(m) Library Survey; status report; and 10-year plan.

(1) The State Library Commission shall survey the libraries of the state, in consultation with each library and other interested parties, in order for the State Library Commission to develop a status report on the conditions and needs of the libraries in this state, and to prepare a 10-year plan for construction and maintenance needs of public libraries: Provided, That the State Library Commission may use information that it has already complied that it would otherwise be required to survey pursuant to this subsection.

(2) The State Library Commission shall post a digital copy of the report, as required by this section, on the State Library Section website to be made available to the public.

(n) Library Facilities Improvement Fund.

(1) There is continued in the State Treasury a special fund known as the “Library Facilities Fund”. Expenditures from the fund shall be for the purposes set forth in this section. The fund shall be administered by the State Library Section.

(2) The fund shall consist of moneys received from the following sources:

(i) All appropriations made by the Legislature to the fund;

(ii) Any moneys available from sources outside the State Library Section;

(iii) Repayment of loans made by the State Library Section pursuant to this section; and

(iv) All interest and other income earned from investment of moneys in the fund.

(3) The State Library Section shall utilize moneys in the fund to support public library facilities construction, renovation, maintenance, and improvement projects. The State Library Section shall evaluate potential recipient projects of funds from the fund on a competitive basis.

(i) The State Library Section may provide loans to public libraries to support energy savings and critical maintenance projects with moneys in the fund.

(ii) With the exception of loans made under this section, the State Library Section may not expend any money from the fund toward a particular project unless the proposed expenditure is matched on a dollar-for-dollar basis by other sources.

(4) The State Library Section shall propose a rule for legislative approval in accordance with §29A-3-1 et seq. of this code to implement the provisions of this section. The rule shall contain at least the following:

(i) A process for submitting and reviewing proposals;

(ii) The content of proposals;

(iii) Criteria for evaluating proposals; and

(iv) Other provisions the State Library Section considers necessary to administer the program in accordance with this section.

(5) Any balance, including accrued interest and any other returns, in the fund at the end of each fiscal year will not expire to the General Revenue Fund but remain in the fund and be expended for the purposes provided by this section.

(6) In a given year, the State Library Section may not allocate an amount in excess of four percent of the balance of the fund on December 31 of the immediately preceding calendar year for administrative expenses.

(7) The State Library Section may invest any or all of the balance of the fund with the state’s Consolidated Investment Fund.


§29-1-8d National Coal Heritage Area Commission.


(a)(1) The National Coal Heritage Area originally was a partnership project of the National Park Service, and the State of West Virginia as represented by the Division of Tourism and the Division of Culture and History. In January 1999, the Governor of West Virginia appointed 28 experts from the state and the region to the National Coal Heritage Area Steering Committee to provide guidance in the development of the National Coal Heritage Area, and in 2002 the West Virginia Legislature created the National Coal Heritage Area Authority, a state agency with an independent board, to serve as the management entity for the National Coal Heritage Area.

(2) The West Virginia Legislature finds that there continues to be a significant need for a public body to promote and enhance historic preservation, tourism and economic development activities that relate to the State’s history as a coal producing state within the counties of Boone, Cabell, Fayette, Lincoln, Logan, Kanawha, Marion, McDowell, Mercer, Mingo, Raleigh, Summers, Wayne, and Wyoming.

(3) The Legislature additionally finds that the state entity previously known as the National Coal Heritage Area Authority can more effectively serve the people of West Virginia through the Department of Arts, Culture, and History, as the National Coal Heritage Area Commission, where it will continue to work with the landowners, county officials and community leaders, state and federal government agencies, and other interested parties to enable and facilitate the development of the national coal heritage area will greatly assist in the realization of these potential benefits.

(b) Unless the context clearly requires a different meaning, the terms used in this article have the following meanings:

“Commission” means the National Coal Heritage Area Commission;

“Department” means the Department of Arts, Culture and History; and

“National Coal Heritage Area” means and is comprised of the counties of Boone, Cabell, Fayette, Lincoln, Logan, Kanawha, McDowell, Mercer, Mingo, Raleigh, Summers, Wayne and Wyoming.

(c) Creation; appointment of commission; terms; expenses; executive director:

(1) There is hereby created the “National Coal Heritage Area Commission” which is a division of the Department of Arts, Culture and History, existing for the purposes of providing direction to and assistance with state and federal historic preservation, economic development, and tourism projects in the national coal heritage area and aiding in the development and implementation of integrated cultural, historical, and land resource management policies and programs in order to retain, enhance, and interpret the significant values of the lands, waters and structures in the national coal heritage area.

(2) The commission shall be comprised of, at a minimum, 19 members as follows:

(i) The following six persons shall be nonvoting members and shall serve by virtue of their offices and may be represented at meetings of the commission by designees:

(A) The curator of the Division of Culture and History, or designee;

(B) The secretary of the Department of Environmental Protection, or designee;

(C) The secretary of the Tourism Department, or designee;

(D) The secretary of the Department of Economic Development, or designee;

(E) State Superintendent of Schools, or designee; and

(F) The director of the Division of Natural Resources, or designee;

(ii) The remaining 13 members shall be appointed for terms of four years by the Governor with the advice and consent of the Senate. The county commission of each of the county within the National Coal Heritage Area may submit to the Governor a list of three candidates to be considered for board appointment. Of these 13 members appointed by the Governor, and each candidate must live or work within the subject county and the appointees shall be representative of the tourism industry, the coal industry, the united mine workers of America, economic development activity, historic preservation activity, or higher education. Additional counties may submit names of individuals fitting the above criteria for consideration as ex-officio, non-voting, board membership.

(iii) The terms of office shall be four years and shall expire on June 30. No appointed member may serve more than two consecutive full terms. A member shall continue to serve until his or her successor has been appointed and qualified.

(iv) If an appointed member is unable to complete a term, the Governor shall appoint a person to complete the unexpired term. Each vacancy occurring on the board must be filled within 60 days after the vacancy is created.

(v) Any appointed member of the board shall immediately and automatically forfeit his or her membership on the board if he or she becomes a nonresident of the county, or ceases to be employed in that county, from which he or she was appointed.

(vii) Each member of the board shall serve without compensation, but shall receive expense reimbursement for all reasonable and necessary expenses actually incurred in the performance of the duties of the office, in the same amount paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law: Provided, That no member may be reimbursed for expenses paid by a third party.

(3) The curator of the Department of Arts, Culture and History shall appoint a director to act carry out the actions of the board, which appointment may be in addition to other duties, to serve at the will and pleasure of the curator. The director may employ necessary personnel and retain such temporary consultants or technicians as may be necessary for any special study or survey consistent with the provisions of this section. The director shall carry out plans to implement the provisions of this section and to exercise those powers. The director shall prepare annually, in consultation with the board, a budget for the commission.

(c) Board; quorum; chairperson; bylaws.

(1) The board is the governing body of the National Coal Heritage Area Commission, and the board may exercise all the powers given the commission in this section.

(2) The director shall serve as the board chairperson. The board shall meet at such times as shall be specified by the chairperson, but in no case less than once each three months. A majority of seven appointed members shall constitute a quorum for the transaction of business.

(3) There shall be a standing committee of the National Coal Heritage Area Commission known as the “Coal Heritage Trail Committee” comprised of the chairperson and members of the national coal heritage area from the counties that the Coal Heritage Trail passes through. These counties are Mercer, McDowell, Wyoming, Raleigh and Fayette. This standing committee shall be responsible for making recommendations to the full board regarding development and promotion of the Coal Heritage Trail, a national scenic byway.

(4) The board shall prescribe, amend, and repeal bylaws and rules governing the manner in which the business of the commission is conducted, shall keep a record of its proceedings, and shall review and approve an annual budget. The board may appoint such officers as necessary to carry out its meetings.

(d) Powers of commission.

The commission may exercise all powers necessary or appropriate to carry out the purposes of this section, including, but not limited to, the power:

(i) To assist in the development and implementation of integrated cultural, historical and land resource management policies and programs in the national coal heritage area;

(ii) To advise the executive director of the national coal heritage commission in retaining, enhancing and interpreting the significant values of the lands, waters and structures of the area;

(iii) To enter into partnerships with various preservation groups, landmark commissions, certified local governments, county commissions and other entities to undertake the preservation, restoration, maintenance, operation, development, interpretation and promotion of lands and structures that possess unique and significant historic, architectural, and cultural value associated with the coal mining heritage of the national coal heritage area;

(iv) To make, amend, repeal, and adopt bylaws for the management and regulation of its affairs;

(v) To appoint officers, agents and employees, and to contract for and engage the services of consultants;

(vi) To execute contracts necessary or convenient for carrying on its business, including contracts with any other governmental agency of this state or of the federal government or with any person, individual, partnership or corporation to effect any or all of the purposes of this article;

(vii) Without in any way limiting any other subdivision of this section, to accept grants and loans from and enter into contracts and other transactions with any federal agency;

(viii) To maintain an office at such places within the state as it may designate;

(ix) To accept gifts or grants of property, funds, money, materials, labor, supplies or services from the federal government or from any governmental unit or any person, firm or corporation;

(x) To construct, reconstruct, improve, maintain, repair, operate and manage certain facilities in the national coal heritage area as may be determined by the commission;

(xi) To enter into contract with landowners and other persons holding an interest in the land being used for its recreational facilities to hold those landowners and other persons harmless with respect to any claim in tort growing out of the use of the land for public recreation or growing out of the public activities operated or managed by the commission from any claim except a claim for damages proximately caused by the willful or malicious conduct of the landowner or other person or any of his or her agents or employees; and

(xii) To assess and collect a reasonable fee from those persons who use the designated facilities which are part of the national coal heritage area, and to retain and utilize that revenue for any purposes consistent with this article.

(e) Continuation of legal obligations.

Nothing in this section may be considered as superseding, amending, modifying, or repealing any contract or agreement entered into for the benefit of the national coal heritage area prior to the date of enactment of this section. All obligations, contracts, grants, and assets currently belonging to the Coal Heritage Highway Authority and the National Coal Heritage Area Authority shall be transferred to and become the responsibility and property of the National Coal Heritage Area Commission.


ARTICLE 27. NATIONAL COAL HERITAGE AREA AUTHORITY.


§29-27-1. Legislative findings.

[Repealed.]

§29-27-2. Definitions.

[Repealed.]

§29-27-3. Creation; appointment of board; terms; expenses; executive director.

[Repealed.]

§29-27-4. Board; quorum; chairperson; by; laws.

[Repealed.]

§29-27-5. Powers of authority.

[Repealed.]

§29-27-6. Continuation of legal obligations.

[Repealed.]

NOTE: The purpose of this bill is to streamline the operations of two agencies by reorganizing their duties and functions under the Department of Arts, Culture and History. create a state library section in the Department of Arts, Culture and History create the National Coal Heritage Area Commission.

Strike-throughs indicate language that would be stricken from a heading, or the present law and underscoring indicates new language that would be added.

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