SB 526 Text

COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 526

(By Senators Craigo, Anderson, Chafin, Dittmar, Love, Minard,Prezioso, Wooton, McKenzie, Ball, Bowman, Sharpe, Edgell, Helmick, Ross, McCabe, Dawson, Redd, Kessler,Plymale, Bailey, Jackson, Snyder, Boley, Hunter, Unger, Mitchell, Fanning and Tomblin, Mr. President)
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[Originating in the Committee on Finance;
reported March 1, 2000.]
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A BILL to repeal sections eight, nine, eleven, twelve, twelve-a and thirteen, article two, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section ten of said article; to amend and reenact section one, article two, chapter five-f of said code; and to further amend said code by adding thereto a new chapter, designated chapter five-h, all relating to tourism; creating the division of tourism within the bureau of commerce; transferring the tourism commission, its funds, employees and property from the development office to the division; appointment of a commissioner of the division; and powers and duties of the division and the commission.

Be it enacted by the Legislature of West Virginia:

That sections eight, nine, eleven, twelve, twelve-a and thirteen, article two, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section ten of said article two be amended and reenacted; that section one, article two, chapter five-f of said code be amended and reenacted; and that said code be further amended by adding thereto a new chapter, designated chapter five-h, all to read as follows:
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§5B-2-10. Program and policy action statement; submission to joint committee on government and finance.

The ~~tourism commission, the~~ West Virginia development office and any other authorities, boards, commissions, corporations or other entities created or amended under this chapter and article eleven, chapter eighteen-b of this code shall annually prepare and submit to the joint committee on government and finance, on or before the first day of December, ~~one thousand nine hundred ninety- five, and of each year, thereafter~~ a program and policy action statement which ~~shall outline~~ outlines in specific detail according to the purpose, powers and duties of the office or section, its procedure, plan and program to be used in accomplishing its goals and duties as required under this article.
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 such~~ the agency or board, are ~~hereby transferred to and~~ incorporated in and shall be administered as a part of the department of administration:

(1) Building commission provided for in article six, chapter five of this code;

(2) Public employees insurance agency and public employees insurance agency advisory board provided for in article sixteen, chapter five of this code;

(3) Governor's mansion advisory committee provided for in article five, chapter five-a of this code;

(4) Commission on uniform state laws provided for in article one-a, chapter twenty-nine of this code;

(5) Education and state employees grievance board provided for in article twenty-nine, chapter eighteen of this code and article six-a, chapter twenty-nine of this code;

(6) Board of risk and insurance management provided for in article twelve, chapter twenty-nine of this code;

(7) Boundary commission provided for in article twenty-three, chapter twenty-nine of this code;

(8) Public defender services provided for in article twenty- one, chapter twenty-nine of this code;

(9) Division of personnel provided for in article six, chapter twenty-nine of this code;

(10) The West Virginia ethics commission provided for in article two, chapter six-b of this code;

(11) Consolidated public retirement board provided for in article ten-d, chapter five of this code; and

(12) The child support enforcement division designated in chapter forty-eight-a of this code.

(b) ~~The department of commerce, labor and environmental resources and the office of secretary of the department of commerce, labor and environmental resources are hereby abolished.~~ For purposes of administrative support and liaison with the office of the governor, the following agencies and boards, including all allied, advisory and affiliated entities shall be grouped under three bureaus as follows:

(1) Bureau of commerce:

(A) Division of labor provided for in article one, chapter twenty-one of this code, which shall include:

(i) Occupational safety and health review commission provided for in article three-a, chapter twenty-one of this code; and

(ii) Board of manufactured housing construction and safety provided for in article nine, chapter twenty-one of this code;

(B) Office of miners' health, safety and training provided for in article one, chapter twenty-two-a 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:

(i) Board of coal mine health and safety and coal mine safety and technical review committee provided for in article six, chapter twenty-two-a of this code;

(ii) Board of miner training, education and certification provided for in article seven, chapter twenty-two-a of this code; and

(iii) Mine inspectors' examining board provided for in article nine, chapter twenty-two-a of this code;

(i) Enterprise zone authority provided for in article two-b, chapter five-b of this code; and

(ii) Economic development authority provided for in article fifteen, chapter thirty-one of this code; ~~and~~
~~(iii) Tourism commission provided for in article two, chapter five-b of this code and the office of the tourism commissioner;~~

(D) Division of natural resources and natural resources commission provided for in article one, chapter twenty of this code. The Blennerhassett historical state park provided for in article eight, chapter twenty-nine of this code ~~shall be~~ is under the division of natural resources;

(E) Division of forestry provided for in article one-a, chapter nineteen of this code;

(F) Geological and economic survey provided for in article two, chapter twenty-nine of this code;

(G) Water development authority and board provided for in article one, chapter twenty-two-c of this code; and

(H) Division of tourism and tourism commission provided for in article one, chapter five-h of this code;

(2) Bureau of employment programs provided for in article one, chapter twenty-one-a of this code;

(3) Bureau of environment:

(A) Air quality board provided for in article two, chapter twenty-two-b of this code;

(B) Solid waste management board provided for in article three, chapter twenty-two-c of this code;

(C) Environmental quality board, or its successor board, provided for in article three, chapter twenty-two-b of this code;

(D) Division of environmental protection provided for in article one, chapter twenty-two of this code;

(E) Surface mine board provided for in article four, chapter twenty-two-b of this code;

(F) Oil and gas inspectors' examining board provided for in article seven, chapter twenty-two-c of this code;

(G) Shallow gas well review board provided for in article eight, chapter twenty-two-c of this code; and

(H) Oil and gas conservation commission provided for in article nine, chapter twenty-two-c of this code.

(c) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with ~~any such~~ the agency or board, are ~~hereby transferred to and~~ incorporated in and shall be administered as a part of the department of education and the arts:

(1) Library commission provided for in article one, chapter ten of this code;

(2) Educational broadcasting authority provided for in article five, chapter ten of this code;

(3) University of West Virginia board of trustees provided for in article two, chapter eighteen-b of this code;

(4) Board of directors of the state college system provided for in article three, chapter eighteen-b of this code;

(5) Joint commission for vocational-technical-occupational education provided for in article three-a, chapter eighteen-b of this code;

(6) Division of culture and history provided for in article one, chapter twenty-nine of this code; and

(7) Division of rehabilitation services provided for in section two, article ten-a, chapter eighteen of this code.

(d) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are ~~hereby transferred to and~~ incorporated in and shall be administered as a part of the department of health and human resources:

(1) Human rights commission provided for in article eleven, chapter five of this code;

(2) Division of human services provided for in article two, chapter nine of this code;

(3) ~~Bureau of public~~ Division of health provided for in article one, chapter sixteen of this code;

(4) Office of emergency medical services and the emergency medical services advisory council ~~thereto~~ provided for in article four-c, chapter sixteen of this code;

(5) Health care cost review authority provided for in article twenty-nine-b, chapter sixteen of this code;

(6) Commission on mental retardation provided for in article fifteen, chapter twenty-nine of this code;

(7) Women's commission provided for in article twenty, chapter twenty-nine of this code; and

(8) The child support enforcement division designated in chapter forty-eight-a of this code.

(e) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are ~~hereby transferred to and~~ incorporated in and shall be administered as a part of the department of military affairs and public safety:

(1) Adjutant general's department provided for in article one-a, chapter fifteen of this code;

(2) Armory board provided for in article six, chapter fifteen of this code;

(3) Military awards board provided for in article one-g, chapter fifteen of this code;

(4) West Virginia state police provided for in article two, chapter fifteen of this code;

(5) Office of emergency services and disaster recovery board provided for in article five, chapter fifteen of this code and emergency response commission provided for in article five-a of said chapter;

(6) Sheriffs' bureau provided for in article eight, chapter fifteen of this code;

(7) Division of corrections provided for in chapter twenty-five of this code;

(8) Fire commission provided for in article three, chapter twenty-nine of this code;

(9) Regional jail and correctional facility authority provided for in article twenty, chapter thirty-one of this code;

(10) Board of probation and parole provided for in article twelve, chapter sixty-two of this code; and

(11) Division of veterans' affairs and veterans' council provided for in article one, chapter nine-a of this code.

(f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with ~~any such~~ the agency or board, are ~~hereby transferred to and~~ incorporated in and shall be administered as a part of the department of tax and revenue:

(1) Tax division provided for in article one, chapter eleven of this code;

(2) Racing commission provided for in article twenty-three, chapter nineteen of this code;

(3) Lottery commission and position of lottery director provided for in article twenty-two, chapter twenty-nine of this code;

(4) Agency of insurance commissioner provided for in article two, chapter thirty-three of this code;

(5) Office of alcohol beverage control commissioner provided for in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;

(6) Board of banking and financial institutions provided for in article three, chapter thirty-one-a of this code;

(7) Lending and credit rate board provided for in chapter forty-seven-a of this code;

(8) Division of banking provided for in article two, chapter thirty-one-a of this code; and

(9) The child support enforcement division as designated in chapter forty-eight-a of this code.

(g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with ~~any such~~ the agency or board, are ~~hereby transferred to and~~ incorporated in and shall be administered as a part of the department of transportation:

(1) Division of highways provided for in article two-a, chapter seventeen of this code;

(2) Parkways, economic development and tourism authority provided for in article sixteen-a, chapter seventeen of this code;

(3) Division of motor vehicles provided for in article two, chapter seventeen-a of this code;

(4) Driver's licensing advisory board provided for in article two, chapter seventeen-b of this code;

(5) Aeronautics commission provided for in article two-a, chapter twenty-nine of this code;

(6) State rail authority provided for in article eighteen, chapter twenty-nine of this code; and

(7) Port authority provided for in article sixteen-b, chapter seventeen of this code.

(h) Except for ~~such~~ those powers, authority and duties as have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence of the position of administrator and of the agency and the powers, authority and duties of each administrator and agency ~~shall~~ is not be affected by the enactment of this chapter.

(i) Except for ~~such~~ those powers, authority and duties as have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of ~~such~~ the boards ~~shall~~ is not be affected by the enactment of this chapter and all boards which are appellate bodies or were otherwise established to be independent decisionmakers ~~shall~~ do not have their appellate or independent decision-making status affected by the enactment of this chapter.

(j) Any department previously transferred to and incorporated in a department created in section two, article one of this chapter by prior enactment of this section in chapter three, acts of the Legislature, first extraordinary session, one thousand nine hundred eighty-nine, and subsequent amendments thereto, ~~shall henceforth be read, construed and understood to mean~~ means a division of the appropriate department so that was created. Wherever elsewhere in this code, in any act, in general or other law, in any rule ~~or regulation~~, or in any ordinance, resolution or order, reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, ~~such~~ the reference ~~shall henceforth be read, construed and understood to mean~~ means a division of the appropriate department so that was created, and any ~~such~~ reference elsewhere to a division of a department so transferred and incorporated ~~shall henceforth be read, construed and understood to mean~~ means a section of the appropriate division of the department so that was created.

(k) 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 ~~shall be construed to be~~ is solely for purposes of administrative support and liaison with the office of the governor, a department secretary or a bureau. The bureaus created by the Legislature upon the abolishment of the department of commerce, labor and environmental resources in the year one thousand nine hundred ninety-four shall be headed by a commissioner or other statutory officer of an agency within that bureau. Nothing in this section ~~shall be construed to extend~~ extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing ~~herein~~ ~~shall be construed to limit or abridge~~ in this section limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code. Upon the abolishment of the office of secretary of the department of commerce, labor and environmental resources, the governor may appoint a statutory officer serving functions formerly within that department to a position which was filled by the secretary ex officio.
CHAPTER 5H. TOURISM.
ARTICLE 1. DIVISION OF TOURISM.
§5H-1-1. Division of tourism.

The division of tourism is hereby created within the bureau of commerce.

§5H-1-2. Appointment of commissioner of the division of tourism; powers and duties.

(a) The governor shall appoint, with the advice and consent of the Senate, a commissioner of the division of tourism. The annual salary of the commissioner is seventy thousand dollars. The commissioner shall assist the tourism commission in the performance of its responsibilities and perform other duties required in this article.

(b) The commissioner is the chief executive officer of the division. The commissioner shall organize the division into units of activity for the orderly, efficient and economical administration of the division and for the accomplishment of its objects and purposes. The commissioner may appoint assistants and other employees needed for the operation of the division and may prescribe their powers and duties. All employees of the division shall be in the classified service.

(b) The commissioner has the power to and may designate supervisory officers or other officers or employees of the division to substitute for him or her on any board or commission established under this code or to sit in his or her place in any meetings or other activities with the substitute having the same powers, duties, authority and responsibility as the commissioner.

(1) To acquire for the state in the name of the division by purchase, lease or agreement, or accept or reject for the state, in the name of the division, gifts, donations, contributions, bequests or devises of money, security or property, both real and personal, and any interest in the property, to effectuate or support the purposes of this article;

(2) To make recommendations to the governor and the Legislature of any legislation considered necessary to facilitate the carrying out of any of the commissioner's powers and duties and to exercise any other power that may be necessary or proper for the orderly conduct of the business of the division and the effective discharge of the duties of the commissioner;

(3) To cooperate and assist in the production of motion pictures and television and other communications;

(4) To purchase advertising time or space in or upon any medium generally engaged or employed for advertising, to advertise and market the resources of the state or to inform the public at large or any specifically targeted group or industry about the benefits of living in, investing in, producing in, buying from, contracting with, or in any other way related to, the state of West Virginia or any business, industry, agency, institution or other entity in the state. Of any funds appropriated and allocated for purposes of advertising and marketing expenses for the promotion and development of tourism, at least twenty percent of the funds shall be expended, with the approval of the director of the division of natural resources, to advertise, promote and market state parks, state forests, state recreation areas and wildlife recreational resources;

(5) To promote and disseminate information related to the attractions of the state through the operation of the state's telemarketing initiative, which shall include a centralized reservation and information system for state parks and recreational facilities; and

(6) To take additional actions as may be necessary to carry out the duties and programs described in this article.

(d) The commissioner shall submit a report annually to the Legislature about the development of the tourism industry in the state.
§5H-1-3. Tourism commission; members, appointment and expenses.

(a) The tourism commission created under the former provisions of section eight, article two, chapter five-b of this code is continued. It is a body corporate and politic, constituting a public corporation and government instrumentality. Membership on the council consists of thirteen members:

(1) Nine members to be appointed by the governor, with the advice and consent of the Senate, representing participants in the state's tourism industry. At least seven of the members shall be from the private sector. Of the nine members appointed, one shall represent a convention and visitors bureau and another shall be a member of a convention and visitors bureau. In making the appointments, the governor may select from a list of qualified applicants provided by the West Virginia hospitality and travel association. Of the nine members appointed, no more than three may be from each congressional district within the state and shall be appointed to provide the broadest geographic distribution which is feasible;

(2) One member to be appointed by the governor from the membership of the council for community and economic development created pursuant to the provisions of section two, article two, chapter five-b of this code;

(3) One member to be appointed by the governor to represent public sector nonstate participants in the tourism industry within the state;

(4) The secretary of transportation or his or her designee, ex officio; and

(5) The director of the division of natural resources or his or her designee, ex officio.

(b) Each member appointed by the governor shall serve staggered terms of four years. Any member whose term has expired serves until his or her successor has been appointed. Any person appointed to fill a vacancy serves only for the unexpired term. Any member is eligible for reappointment. In cases of vacancy in the office of member, the vacancy shall be filled by the governor in the same manner as the original appointment. All members serving on the effective date of this article may continue to serve until their terms expire.

(c) Members of the commission are not entitled to compensation for services performed as members. A majority of these members constitute a quorum for the purpose of conducting business. The governor shall appoint a chair of the commission for a term to run concurrent with the term of the office of the member appointed to be the chair. The chair is eligible for successive terms in that position.
§5H-1-4. Powers and duties of tourism commission.

(a) The commission shall develop a comprehensive tourism promotion and development strategy for West Virginia. "Comprehensive tourism promotion and development strategy" means a plan that outlines strategies and activities designed to continue, diversify or expand the tourism base of the state as a whole; create tourism jobs; develop a highly skilled tourism work force; facilitate business access to capital for tourism; advertise and market the resources offered by the state with respect to tourism promotion and development; facilitate cooperation among local, regional and private tourism enterprises; improve infrastructure on a state, regional and community level in order to facilitate tourism development; improve the tourism business climate generally; and leverage funding from sources other than the state, including local, federal and private sources.

(b) In developing its strategies, the commission shall consider the following:

(1) Improvement and expansion of existing tourism marketing and promotion activities; and

(2) Promotion of cooperation among municipalities, counties, and the West Virginia infrastructure and jobs development council in funding physical infrastructure to enhance the potential for tourism development.

(c) The commission may propose rules for promulgation by the legislature, pursuant to the provisions of article three, chapter twenty-nine-a of this code, which shall carry out the division's purposes and programs, including:

(1) The programs available;

(2) The procedure and eligibility of applications relating to assistance under the programs;

(3) The staff structure necessary to support the programs. The structure shall include the qualifications for a professional staff person qualified by reason of exceptional training and experience in the field of advertising to supervise the advertising and promotion functions of the division;

(4) Provision for the management of West Virginia welcome centers; and

(5) Any other rules necessary to implement the provisions of this article.

(d) The commission may also promulgate procedural rules in accordance with article three, chapter twenty-nine-a of this code for instructions and forms for applications relating to assistance.

(e) Rules of the tourism commission in effect on the effective date of this article continue in effect until lawfully changed by the commission.

§5H-1-5. Program and policy action statement; submission to joint committee on government and finance.

The commissioner shall prepare and submit to the joint committee on government and finance on or before the first day of December, two thousand and each year after that, a program and policy action statement which outlines in specific detail according to the purpose, powers and duties of the commissioner, the commissioner's procedure, plan and program to be used in implementing the commission's comprehensive tourism promotion and development strategy and in accomplishing the commissioner's goals and duties as required under this article.
§5H-1-6. Public-private partnerships.

(a) The commissioner is authorized to enter into contractual or joint venture agreements with a nonprofit corporation organized pursuant to the corporate laws of the state, organized to permit qualification pursuant to Section 501(c) of the Internal Revenue Code and organized for purposes of the promotion and development of tourism in West Virginia and funded from sources other than the state. Members of the commission and the commissioner are authorized to sit on the board of directors of the private nonprofit corporation.

(b) From time to time the commissioner may enter into joint ventures in which the division of tourism and the nonprofit corporation share in the development and funding of tourism promotion or development programs.

(c) Contracts entered into pursuant to this section for longer than one fiscal year shall contain, in substance, a provision that the contract is considered canceled without further obligation on the part of the state if the Legislature or, where appropriate, the federal government fails to appropriate sufficient funds for the contract or acts to impair the contract or cause it to be canceled.
§5H-1-7. Tourism promotion fund continued; use of funds.

(a) There is continued in the state treasury the special revenue fund known as the "tourism promotion fund" created under prior enactment of section twelve, article two, chapter five-b of this code.

(b) A minimum of five percent of the moneys deposited in the fund each year shall be used solely for direct advertising for West Virginia travel and tourism. At least twenty percent of these funds shall be expended, with the approval of the director of the division of natural resources, to effectively promote and market the state's parks, state forests, state recreation areas and wildlife recreational resources. Direct advertising means advertising which is limited to television, radio, mailings, newspaper, magazines and outdoor billboards, in any combination.

(c) The balance of the moneys deposited in the fund shall be used for direct advertising within the state's travel regions as defined by the tourism commission. The funds shall be made available to these regions according to legislative rules promulgated by the tourism commission.
§5H-1-8. Tourism fund support of West Virginia celebration 2000.

(a) Notwithstanding the provisions of section seven of this article, the tourism commission may expend moneys from the tourism promotion fund in the amount necessary to support the promotional activities of West Virginia celebration 2000 which will be held in this state throughout the calendar year two thousand. These moneys may only be used to match nongovernment moneys which are provided for sponsorship for West Virginia celebration 2000 events.

(b) The provisions of this section expire on the first day of March, two thousand one.
§5H-1-9. Savings and transfer provisions.

(a) All actions which have been taken by the tourism commission prior to the effective date of this article continue in effect according to their terms until modified, terminated, superseded, set aside or revoked in accordance with the law.

(b) It is the intent of this article to transfer from the development office into the division of tourism those functions relating to the development of tourism in the state. All personnel payroll positions and employees occupying positions in the development office primarily dedicated to the support of the tourism commission shall be transferred to the division of tourism. In order to provide for a smooth transition, the commissioner of commerce may determine those positions and employees that are to be transferred and provide that the transfers take effect no later than the last day of September, two thousand. Funds allocated for the positions transferred shall also be transferred to the division of tourism.

(c) It is the intent of the Legislature that the creation of the division of tourism not hinder or interfere in any ongoing programs.

(d) All equipment and records of the development office primarily dedicated to or relating to the tourism commission and its activities shall be transferred to the division of tourism. The commissioner of commerce may determine the equipment and records to be transferred and provide that the transfers provided for in this subsection take effect no later than the last day of September, two thousand.
§5H-1-10. Prevailing article.

Notwithstanding any provision of this code to the contrary, the provisions of this article prevail.

§5H-1-11. Continuation.

Pursuant to the provisions of chapter four, article ten of this code, the division of tourism and the tourism commission shall continue until the first day of July, two thousand five.

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