ENGROSSED

Senate Bill No. 529

(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)

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[Introduced March 20, 2001; referred to the Select Committee on Economic Development; and then to the Committee on Finance.]

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A BILL to amend and reenact section two, article two, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to expanding the membership of the council for community and economic development.

Be it enacted by the Legislature of West Virginia:
That section two, 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-2-2. 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 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: Provided, That one member appointed pursuant to this subsection shall be a member of a regional planning and development council. Of the nine eleven members representing community or regional interests, there shall be at least three members shall be from each congressional district of the state and they 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, 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 shall appoint the appointed members of the council to 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 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 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 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 at the will and pleasure of the council. The salary of the director shall 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 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.