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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[Introduced February 17, 2000; referred to the Committee
on Government Organization; and then to the Committee on Finance.]
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A BILL to repeal sections eight, nine, eleven, twelve 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 four, article ten, chapter four of said code;
to amend and reenact sections two and ten, article two,
chapter five-b of said code; to amend and reenact section one,
article two, chapter five-f of said code; to further amend
said code by adding thereto a new chapter, designated chapter
five-h; to amend and reenact section two, article five,
chapter twenty of said code; to amend and reenact section ten, article twenty-two-a, chapter twenty-nine of said code; and to
amend and reenact section twenty-two, article twenty-five of
said chapter, all relating to the tourism commission; making
an independent division of tourism within the bureau of
commerce; transferring certain duties of the tourism director
to a newly created position of director of the division of
tourism; authorizing the governor to appoint the director of
the division; and providing for the transfer of certain funds,
employees and property from the development office to the
division of tourism.
Be it enacted by the Legislature of West Virginia:
That sections eight, nine, eleven, twelve 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thousand nine hundred thirty-one, as amended, be repealed; that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 four, article ten, chapter four of said code be amended and
reenacted; that sections two and ten, article two, chapter five-b
of said code be amended and reenacted; that section one, article
two, chapter five-f of said code be amended and reenacted; that
said code be further amended by adding thereto a new chapter,
designated chapter five-h; that section two, article five, chapter
twenty of said code be amended and reenacted; that section ten, article twenty-two-a, chapter twenty-nine of said code be amended
and reenacted; and that section twenty-two, article twenty-five of
said chapter be amended and reenacted, all to read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 10. THE WEST VIRGINIA SUNSET LAW.
§4-10-4. Termination of agencies following full performance
evaluations.
The following agencies
shall be are terminated on the date
indicated, but no agency
may be is terminated under this section
unless a full performance evaluation has been conducted upon
such
the agency:
(1) On the first day of July, two thousand: Division of
corrections; division of environmental protection;
division of
workers' compensation; department of health and human resources;
department of tax and revenue.
(2) On the first day of July, two thousand one: Division of
natural resources; purchasing division within the department of
administration; division of motor vehicles.
(3) On the first day of July, two thousand two: Division of
highways; division of labor.
(4) On the first day of July, two thousand three: Division of culture and history; school building authority.
(5) On the first day of July, two thousand four: Division of
personnel; division of rehabilitation services.
(6) On the first day of July, two thousand five: Parkways,
economic development and tourism authority;
division of tourism
functions within the development office and tourism commission.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§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 director, or his or her designee, of the
division of tourism
commission created pursuant to the provisions
of
section eight of this article
one, chapter five-h of this code.
(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 serves 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 serves at the will and pleasure of the council. The
salary of the director shall be fixed by the council. The director
shall have has 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 provisions 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-2-10. 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 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;
(C) The West Virginia development office provided for in
article two, chapter five-b of this code, which shall include:
(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
decision makers
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 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 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 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.
There is within the bureau of commerce a division of tourism.
§5H-1-2. Director of the division of tourism.
(a) The governor shall appoint, with the advice and consent of
the Senate, a director of the division of tourism. The annual
salary of the director is seventy thousand dollars. The director
shall assist the tourism commission in the performance of its
responsibilities and perform other duties required in this article.
(b) The director is the chief executive officer of the
division. The director shall organize the division into units of
activity the director considers desirable for the orderly,
efficient and economical administration of the division and for the
accomplishment of its objects and purposes. The director 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 director 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 director.
(c) The director has the power and duty:
(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 director'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 director;
(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 telemarketing initiative 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 director shall submit a report annually to the council
for community and economic development about the development of the
tourism industry in the state.
(e)(1) The director shall propose for promulgation, legislative rules pursuant to the provisions of chapter
twenty-nine-a of this code to carry out the division's purposes and
programs, to include generally the programs available, the
procedure and eligibility of applications relating to assistance
under the programs and the staff structure necessary to support the
programs, which 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, and shall
further include provision for the management of West Virginia
welcome centers. The director is further authorized to promulgate
procedural rules to include instructions and forms for applications
relating to assistance.
(2) Rules of the tourism commission in effect on the effective
day of this article continue in effect until lawfully changed by
the director.
§5H-1-3. Tourism commission; members, appointment and expenses.
(a) The tourism commission created under 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 so 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 provided by the
West Virginia hospitality and travel association of qualified
applicants. Of the nine members so 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 chapter 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;
(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.
§5H-1-5. Program and policy action statement; submission to joint
committee on government and finance.
The director 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 director, the director's
procedure, plan and program to be used in implementing the
commission's comprehensive tourism promotion and development
strategy and in accomplishing the director's goals and duties as
required under this article.
§5H-1-6. Public private partnerships.
(a) The director 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 director are authorized
to sit on the board of directors of the private nonprofit
corporation.
(b) From time to time the director 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) The tourism promotion fund is continued in the state
treasury. It the a 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 director. The funds shall be made available to
these districts according to legislative rules promulgated by the
director.
§5H-1-8. 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.
(d) It is the intent of the Legislature that the reduction in
the responsibilities of the tourism commission and the creation of
the division of tourism not hinder or interfere in any ongoing
programs.
(e) 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-1-9. Continuation.
Pursuant to the provisions of chapter four, article ten of
this code, the division of tourism and the tourism commission shall
continue to exist until the first day of July, two thousand five.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 5. PARKS AND RECREATION.
§20-5-2. Powers of the director with respect to the section of
parks and recreation.
The director of the division of natural resources is
responsible for the execution and administration of the provisions
in this article as an integral part of the parks and recreation
program of the state and shall organize and staff the section of
parks and recreation for the orderly, efficient and economical
accomplishment of these ends. The authority granted in the year
one thousand nine hundred ninety-four to the director of the
division of natural resources to employ up to six additional
unclassified personnel to carry out the parks functions of the
division of natural resources is continued.
The director of the division of natural resources shall:
(a) Establish, manage and maintain the state's parks and
recreation system for the benefit of the people of this state and
do all things necessary and incidental to the development and
administration of the state's parks and recreation system;
(b) Acquire property for the state in the name of the division
of natural resources by purchase, lease or agreement; retain,
employ and contract with legal advisors and consultants; 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,
including lands and waters, for state park or recreational areas
for the purpose of providing public recreation:
Provided, That the
provisions of section twenty, article one of this chapter are
specifically made applicable to any acquisitions of land:
Provided, however, That any sale, exchange or transfer of property
for the purposes of completing land acquisitions or providing
improved recreational opportunities to the citizens of the state is
subject to the procedures of article one-a of this chapter:
Provided further, That no sale of any park or recreational area
property, including lands and waters, used for purposes of
providing public recreation on the effective date of this article
and no privatization of any park may occur without statutory
authority;
(c) Approve and direct the use of all revenue derived from the
operation of the state parks and public recreation system for the
operation, maintenance and improvement of the system, individual
projects of the system or for the retirement of park development
revenue bonds;
(d) Approve the use of no less than twenty percent of the: (i) Funds appropriated for purposes of advertising and marketing
expenses related to the promotion and development of tourism,
pursuant to subsection (j), section eighteen, article twenty-two,
chapter twenty-nine of this code; and (ii) funds authorized for
expenditure from the tourism promotion fund for purposes of direct
advertising, pursuant to section
twelve, article two, chapter five-
b seven, article one, chapter five-h of this code and section ten,
article twenty-two-a, chapter twenty-nine of this code, to
effectively promote and market the state's parks, state forests,
state recreation areas and wildlife recreational resources;
(e) Issue park development revenue bonds as provided in this
article;
(f) Provide for the construction and operation of cabins,
lodges, resorts, restaurants and other developed recreational
service facilities, subject to the provisions of section fifteen of
this article and section twenty, article one of this chapter;
(g) Propose rules to control uses of the parks, subject to the
provisions of chapter twenty-nine-a of this code:
Provided, That
the director may not permit public hunting, the exploitation of
minerals or the harvesting of timber for commercial purposes in any
state park;
(h) Exempt designated state parks from the requirement that
all payments must be deposited in a bank within twenty-four hours
for amounts less than two hundred fifty dollars notwithstanding any
other provision of this code to the contrary;
(i) Waive the use fee normally charged to an individual or
group for one day's use of a picnic shelter or one week's use of a
cabin in a state recreation area when the individual or group
donates the materials and labor for the construction of the picnic
shelter or cabin:
Provided, That the individual or group was
authorized by the director to construct the picnic shelter or cabin
and that it was constructed in accordance with the authorization
granted and the standards and requirements of the division
pertaining to the construction. The individual or group to whom
the waiver is granted may use the picnic shelter for one reserved
day or the cabin for one reserved week during each calendar year
until the amount of the donation equals the amount of the loss of
revenue from the waiver or until the individual dies or the group
ceases to exist, whichever first occurs. The waiver is not
transferable. The director shall permit free use of picnic
shelters or cabins to individuals or groups who have contributed
materials and labor for construction of picnic shelters or cabins prior to the effective date of this section. The director shall
propose a legislative rule for promulgation in accordance with the
provisions of article three, chapter twenty-nine-a of this code
governing the free use of picnic shelters or cabins provided for in
this section, the eligibility for free use, the determination of
the value of the donations of labor and materials, the appropriate
definitions of a group and the maximum time limit for the use;
(j) Provide within the parks a market for West Virginia arts,
crafts and products, which shall permit gift shops within the parks
to offer for sale items purchased on the open market from local
artists, artisans, craftsmen and suppliers and local or regional
crafts cooperatives;
(k) Provide that reservations for reservable campsites may be
made, upon two days advance notice, for any date for which space is
available within a state park or recreational area managed by the
parks and recreation section;
(l) Provide that reservations for all state parks and
recreational areas managed by the parks and recreation section of
the division may be made by use of a valid credit card; and
(m) Develop a plan to establish a centralized computer
reservation system for all state parks and recreational areas managed by the parks and recreation section and to implement the
plan as funds become available.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 22A. RACETRACK VIDEO LOTTERY.
§29-22A-10. Accounting and reporting; commission to provide
communications protocol data; distribution of net
terminal income; remittance through electronic
transfer of funds; establishment of accounts and
nonpayment penalties; commission control of
accounting for net terminal income; settlement of
accounts; manual reporting and payment may be
required; request for reports; examination of
accounts and records.
(a) The commission shall provide to manufacturers, or
applicants applying for a manufacturer's permit, the protocol
documentation data necessary to enable the respective
manufacturer's video lottery terminals to communicate with the
commission's central computer for transmitting auditing program
information and for activation and disabling of video lottery
terminals.
(b) The gross terminal income of a licensed racetrack shall be remitted to the commission through the electronic transfer of
funds. Licensed racetracks shall furnish to the commission all
information and bank authorizations required to facilitate the
timely transfer of moneys to the commission. Licensed racetracks
must provide the commission thirty days' advance notice of any
proposed account changes in order to assure the uninterrupted
electronic transfer of funds. From the gross terminal income
remitted by the licensee to the commission, the commission shall
deduct an amount sufficient to reimburse the commission for its
actual costs and expenses incurred in administering racetrack video
lottery at the licensed racetrack, and the resulting amount after
such deduction shall be the net terminal income. The amount
deducted for administrative costs and expenses of the commission
may not exceed four percent of gross terminal income.
(c) Net terminal income shall be divided as set out in this
subsection. The licensed racetrack's share
shall be is in lieu of
all lottery agent commissions and is considered to cover all costs
and expenses required to be expended by the licensed racetrack in
connection with video lottery operations. The division shall be
made as follows:
(1) The commission shall receive thirty percent of net terminal income, which shall be paid into the general revenue fund
of the state to be appropriated by the Legislature;
(2) Fourteen percent of net terminal income at a licensed
racetrack shall be deposited in the special fund established by the
licensee, and used for payment of regular purses in addition to
other amounts provided for in article twenty-three, chapter
nineteen of this code;
(3) The county where the video lottery terminals are located
shall receive two percent of the net terminal income:
Provided,
That:
(A) Beginning the first day of July, one thousand nine hundred
ninety-nine, and thereafter, any amount in excess of the two
percent received during fiscal year one thousand nine hundred
ninety-nine, by a county in which a racetrack is located that has
participated in the West Virginia thoroughbred development fund
since on or before the first day of January, one thousand nine
hundred ninety-nine, shall be divided as follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipalities of the county shall receive fifty
percent of the excess amount, said fifty percent to be divided among the municipalities on a per capita basis as determined by the
most recent decennial United States census of population; and
(B) Beginning the first day of July, one thousand nine hundred
ninety-nine, and thereafter, any amount in excess of the two
percent received during fiscal year one thousand nine hundred
ninety-nine, by a county in which a racetrack other than a
racetrack described in paragraph (A) of this proviso is located
and where the racetrack has been located in a municipality within
the county since on or before the first day of January, one
thousand nine hundred ninety-nine, shall be divided, if applicable,
as follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipality shall receive fifty percent of the
excess amount; and
(C) This proviso
shall does not affect the amount to be
received under this subdivision by any county other than a county
described in paragraph (A) or (B) of this proviso;
(4) One half of one percent of net terminal income shall be
paid for and on behalf of all employees of the licensed racing
association by making a deposit into a special fund to be established by the racing commission to be used for payment into
the pension plan for all employees of the licensed racing
association;
(5) The West Virginia thoroughbred development fund created
under section thirteen-b, article twenty-three, chapter nineteen of
this code and the West Virginia greyhound breeding development fund
created under section ten, article twenty-three, chapter nineteen
of this code shall receive an equal share of a total of not less
than one and one-half percent of the net terminal income:
Provided, That for any racetrack which does not have a breeder's
program supported by the thoroughbred development fund or the
greyhound breeding development fund, the one and one-half percent
provided for in this subdivision shall be deposited in the special
fund established by the licensee and used for payment of regular
purses, in addition to other amounts provided for in subdivision
(2) of this subsection and article twenty-three, chapter nineteen
of this code;
(6) The West Virginia thoroughbred breeders classic shall
receive one percent of the net terminal income which shall be used
for purses. The moneys shall be deposited in the separate account
established for the classic under section thirteen, article twenty-three, chapter nineteen of this code;
(7) A licensee shall receive forty-seven percent of net
terminal income;
(8) The tourism promotion fund established in section
twelve,
article two, chapter five-b seven, article one, chapter five-h of
this code shall receive three percent of the net terminal income;
and
(9) The veterans memorial program shall receive one percent of
the net terminal income until sufficient moneys have been received
to complete the veterans memorial on the grounds of the state
capitol complex in Charleston, West Virginia. The moneys shall be
deposited in the state treasury in the division of culture and
history special fund created under section three, article one-i,
chapter twenty-nine of this code:
Provided, That only after
sufficient moneys have been deposited in the fund to complete the
veterans memorial and to pay in full the annual bonded indebtedness
on the veterans memorial, not more than twenty thousand dollars of
the one percent of net terminal income provided for in this
subdivision shall be deposited into a special revenue fund in the
state treasury, to be known as the "John F. 'Jack' Bennett Fund".
The moneys in this fund shall be expended by the division of veterans affairs to provide for the placement of markers for the
graves of veterans in perpetual cemeteries in this state. The
division of veterans affairs shall promulgate legislative rules
pursuant to the provisions of article three, chapter twenty-nine-a
of this code specifying the manner in which the funds are spent,
determine the ability of the surviving spouse to pay for the
placement of the marker, and setting forth the standards to be used
to determine the priority in which the veterans grave markers will
be placed in the event that there are not sufficient funds to
complete the placement of veterans grave markers in any one year,
or at all. Upon payment in full of the bonded indebtedness on the
veterans memorial, one hundred thousand dollars of the one percent
of net terminal income provided for in this subdivision shall be
deposited in the special fund in the division of culture and
history created under section three, article one-i, chapter
twenty-nine of this code and be expended by the division of culture
and history to establish a West Virginia veterans memorial archives
within the cultural center to serve as a repository for the
documents and records pertaining to the veterans memorial, to
restore and maintain the monuments and memorial on the capitol
grounds, and not more than twenty thousand dollars be deposited in the "John F. 'Jack' Bennett Fund":
Provided, however, That five
hundred thousand dollars of the one percent of net terminal income
shall be deposited in the state treasury in a special fund of the
department of administration, created under section five, article
four, chapter five-a of this code to be used for construction and
maintenance of a parking garage on the state capitol complex:
Provided further, That the remainder of the one percent of net
terminal income shall be deposited in equal amounts in the capitol
dome and improvements fund created under section two, article four,
chapter five-a of this code and the grants for competitive arts
program fund created under section three, article one, chapter
twenty-nine of this code.
(d) Each licensed racetrack shall maintain in its account an
amount equal to or greater than the gross terminal income from its
operation of video lottery machines, to be electronically
transferred by the commission on dates established by the
commission. Upon a licensed racetrack's failure to maintain this
balance, the commission may disable all of a licensed racetrack's
video lottery terminals until full payment of all amounts due is
made. Interest shall accrue on any unpaid balance at a rate
consistent with the amount charged for state income tax delinquency under chapter eleven of this code, which interest shall begin to
accrue on the date payment is due to the commission.
(e) The commission's central control computer shall keep
accurate records of all income generated by each video lottery
terminal. The commission shall prepare and mail to the licensed
racetrack a statement reflecting the gross terminal income
generated by the licensee's video lottery terminals. Each licensed
racetrack must report to the commission any discrepancies between
the commission's statement and each terminal's mechanical and
electronic meter readings. The licensed racetrack is solely
responsible for resolving income discrepancies between actual money
collected and the amount shown on the accounting meters or on the
commission's billing statement.
(f) Until an accounting discrepancy is resolved in favor of
the licensed racetrack, the commission may make no credit
adjustments. For any video lottery terminal reflecting a
discrepancy, the licensed racetrack shall submit to the commission
the maintenance log which includes current mechanical meter
readings and the audit ticket which contains electronic meter
readings generated by the terminal's software. If the meter
readings and the commission's records cannot be reconciled, final disposition of the matter shall be determined by the commission.
Any accounting discrepancies which cannot be otherwise resolved
shall be resolved in favor of the commission.
(g) Licensed racetracks shall remit payment by mail if the
electronic transfer of funds is not operational or the commission
notifies licensed racetracks that remittance by this method is
required. The licensed racetracks shall report an amount equal to
the total amount of cash inserted into each video lottery terminal
operated by a licensee, minus the total value of game credits which
are cleared from the video lottery terminal in exchange for winning
redemption tickets, and remit such amount as generated from its
terminals during the reporting period. The remittance shall be
sealed in a properly addressed and stamped envelope and deposited
in the United States mail no later than noon on the day when the
payment would otherwise be completed through electronic funds
transfer.
(h) Licensed racetracks may, upon request, receive additional
reports of play transactions for their respective video lottery
terminals and other marketing information not considered
confidential by the commission. The commission may charge a
reasonable fee for the cost of producing and mailing any report other than the billing statements.
(i) The commission has the right to examine all accounts, bank
accounts, financial statements and records in a licensed
racetrack's possession, under its control or in which it has an
interest and the licensed racetrack must authorize all third
parties in possession or in control of the accounts or records to
allow examination of any of those accounts or records by the
commission.
ARTICLE 25. AUTHORIZED GAMING FACILITY.
§29-25-22. State gaming fun; allocation of net income.
(a)
There is hereby created a The special fund in the state
treasury which
shall be designated and known as the "state gaming
fund"
is continued. All revenues received from licenses and
applicants under this article, all gross terminal income received
by the commission under section twenty of this article and all tax
revenues from the tax imposed under section twenty-one of this
article shall be deposited with the state treasurer and placed in
the state gaming fund. The fund shall be an interest bearing
account with interest to be credited to and deposited in the state
gaming fund.
(b) All expenses of the commission shall be paid from the state gaming fund, including reimbursement of the state police for
activities performed at the request of the commission in connection
with background investigations or enforcement activities pursuant
to this article. At no time may the commission's expenses under
this article exceed fifteen percent of the total of the annual
revenue received from the licensee under this article, including
all license fees, taxes or other amounts required to be deposited
in the state gaming fund.
(c) The balance of the state gaming fund shall be divided as
follows:
(1) Eighty-nine percent of the state gaming fund net income
shall be paid into the general revenue fund to be appropriated by
the Legislature;
(2) The tourism promotion fund established in section
nine,
article one, chapter five-b seven, article one, chapter five-h of
this code shall receive three percent of the state gaming fund net
income;
(3) The county where the gaming facility is located shall
receive four percent of the state gaming fund net income;
(4) The municipality where the gaming facility is located or
the municipality closest to the gaming facility by paved road access shall receive two percent of the state gaming fund net
income; and
(5) The municipalities within the county where the gaming
facility is located, except for the municipality receiving funds
under subdivision (4) of this subsection, shall receive equal
shares of two percent of the state gaming fund net income.
NOTE: The purpose of this bill is to create a separate
Division of Tourism within the Bureau of Commerce and to authorize
the Governor to appoint a Director of the Division. The bill also
transfers many of the Commission's duties to the Director and
provides for the transfer of certain funds, employees and property
from the West Virginia Development Office to the Division of
Tourism.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Chapter 5H is new; therefore, strike-throughs and underscoring
have been omitted.
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