H. B. 4689
(By Delegate Craig)
[Introduced February 18, 2008; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §5B-2-2 of the Code of West Virginia,
1931, as amended, relating to the Council for Community and
Economic Development.
Be it enacted by the Legislature of West Virginia:
That §5B-2-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
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) No less than nine nor more than eleven 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.
One such member shall be a member of a regional planning and
development council. Of these members at least three shall
represent each congressional district of the state and appointments
shall be made in such a manner as to provide a broad geographical
distribution of members of the council;
(2) Four at-large members to be appointed by the Governor with
the advice and consent of the Senate;
(3) The President of the West Virginia Economic Development
Council; and
(4) The chair, or his or her designee, of the Tourism
Commission created pursuant to the provisions of section eight of
this article.
In addition, the President of the Senate and the Speaker of
the House of Delegates, or his or her designee, shall serve as ex
officio nonvoting members.
(b) The Governor appoints the members of the council to
four-year terms. A member whose term has expired continues to
serve until the successor is duly appointed and qualified. Except
as otherwise provided in this section, any member is eligible for
reappointment. A vacancy is filled by appointment by the Governor
in the same manner as the original appointment. A member appointed
to fill a vacancy serves for the remainder of the unexpired term.
(c) Members of the council are not compensated for services performed as members, but receive reasonable and necessary expenses
actually incurred in the performance of their duties in a manner
consistent with guidelines of the travel management office of the
Department of Administration. A majority of the voting 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 for Community and Economic Development shall be
preserved in the event of future need, even though the duties it
formerly performed have been taken over by Vision Shared, Inc.
(d) (e) The Governor,
with the advice and consent of the
Senate, shall appoint an executive director of the West Virginia
Development Office who is qualified for the position by reason of
his or her extensive education and experience in the field of
professional economic development. The executive director shall
serve at the will and pleasure of the Governor. The salary of the
director shall annually be fixed by the council. The director
shall have overall management responsibility and administrative
control and supervision within the West Virginia Development
Office. It is the intention of the Legislature that the director
provide professional and technical expertise in the field of
professional economic and tourism development in order to support
the policy-making functions of the council, but that the director
not be a public officer, agent, servant or contractor within the
meaning of section thirty-eight, article VI of the Constitution of West Virginia 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 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.
(e) (f) The executive director of the West Virginia
Development Office may promulgate rules to carry out the purposes
and programs of the West Virginia Development Office to include
generally the programs available and the procedure and eligibility
of applications relating to assistance under the programs. These
rules are not subject to the provisions of chapter twenty-nine-a of
this code, but shall be filed with the Secretary of State. The
executive director may adopt any of the rules previously
promulgated by the council for community and economic development.
NOTE: The purpose of this bill is to clarify that the Governor
appoints the Executive Director of the Development Office with the
advice and consent of the Senate, and to preserve the Council for
Community and Economic Development for potential future need.
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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