H. B. 2277
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 18, 1999; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section eight, article two, chapter
five-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to adding four
members to the tourism commission and allowing for the
appointment of two members from the public sector.
Be it enacted by the Legislature of West Virginia:
That section eight, article two, chapter five-b of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§5B-2-8. Tourism commission created; members, appointment and expenses.
(a) There is hereby created within the West Virginia
development office an independent tourism commission, which is a
body corporate and politic, constituting a public corporation and government instrumentality. Membership on the council shall
consist of nine thirteen members:
(1) Six Nine members to be appointed by the governor, with
the advice and consent of the Senate, representing private-sector
participants in the state's tourism industry. At least seven of
the members shall be from the private sector. Of the six 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 private-sector appointments the
governor may select from a list provided by the West Virginia
hospitality and travel association of qualified applicants. Of
the six nine private-sector members so appointed, no more than
two three shall 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 of this
article;
(3) One member to be appointed by the governor to represent
public sector nonstate participants in the tourism industry
within the state; and
(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) Not later than thirty days from the date of enactment of
this article, the governor shall appoint the eight appointed
members of the commission to terms of four years, to assume the
duties of the office and to meet at the call of the chair not
later than the first day of July, one thousand nine hundred
ninety-five. The terms of the initial members of the commission
shall be staggered such that the governor shall designate three
members who shall serve for a term of two years, three members
who shall serve for a term of three years and two members who
shall serve for a full term of four years. Each subsequent
appointment of a member Each member appointed by the governor
upon the expiration of the designated terms shall serve a term of
four years. Any member whose term has expired shall serve until
his or her successor has been appointed. Any person appointed to
fill a vacancy shall serve only for the unexpired term. Any
member shall be eligible for reappointment. In cases of vacancy
in the office of member, such vacancy shall be filled by the
governor in the same manner as the original appointment.
(c) Members of the commission shall not be entitled to
compensation for services performed as members. A majority of
these members shall 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.
NOTE: The purpose of this bill is to expand the number of
members on the tourism commission from nine to thirteen members
to provide representation for key sectors of the tourism industry
which heretofore have not been represented on the commission.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.