H. B. 4607
(By Delegates Cann, Pethtel, Frederick,
Palumbo and Caruth)
[Introduced February 25, 2004; referred to
the Committee on Finance.]
A BILL to amend and reenact §13-2C-3a of the code of West Virginia,
1931, as amended, relating to the industrial revenue bond
allocation review committee by conferring the authority and
duties of said committee to the board of the West Virginia
economic development authority.
Be it enacted by the Legislature of West Virginia:
That §13-2C-3a of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2C. INDUSTRIAL DEVELOPMENT AND COMMERCIAL DEVELOPMENT
BOND ACT.
§13-2C-3a. Creation of industrial revenue bond allocation review
committee; appointment, term, etc., of private
members; voting; expenses; duties.
(a) There is hereby created the West Virginia industrial revenue bond allocation review committee consisting of five the members of
the board of the West Virginia economic development authority
created by article fifteen, chapter thirty-one of this Code., as
follows: The secretary of tax and revenue, who shall serve as
chair of the committee, and the executive director of the
development office or his or her designee, and three members chosen
from the general public as private members.
(b) The three private members shall be appointed by the governor,
with the advice and consent of the Senate: Provided, That one
private member shall be appointed from each congressional district
of the state, in such a manner as to provide a broad geographical
distribution of members of the committee: Provided, however, That
at least one private member appointed pursuant to this subdivision
shall have significant experience in economic development. No more
than two private members shall be from the same political party.
(c) Appointment of the three members shall be for staggered terms
of three years. Any member whose term has expired shall serve
until a successor has been duly appointed and qualified. Any
member shall be eligible for reappointment. In case of any vacancy
in the office of a private member, such vacancy shall be filled by
appointment by the governor for the unexpired term. The governor
may remove any private member in case of incompetency, neglect of
duty, gross immorality or malfeasance in office; and he may declare the office vacant and may appoint a person for such vacancy as
provided in other cases of vacancy.
(d) (b) Members shall may not be entitled to compensation for
services performed as members, but shall be are entitled to
reimbursement for all reasonable and necessary expenses actually
incurred in the performance of their duties.
(e) (c) A majority of the members of the committee shall
constitute a quorum for the purpose of conducting business. The
affirmative vote of at least the majority of the members present is
necessary for any action taken by vote of the committee. No
vacancy in the membership of the committee shall impair the right
of a quorum to exercise all the rights and perform all the duties
of the committee.
(f) (b) The committee shall review and evaluate all applications
for reservation of funds submitted to the development office by a
governmental body pursuant to the provisions of subsections (d) and
(e), section twenty-one of this article, and shall make
reservations of the state allocation (as defined in subdivision
(2), subsection (b) of said section twenty-one of this article)
pursuant to subdivision (3), subsection (b) and subsection (c) of
said section twenty-one of this article.
NOTE: The purpose of this bill is to confer the duties of the
industrial revenue bond allocation review committee to the board of
the West Virginia economic development authority.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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