COMMITTEE SUBSTITUTE
FOR
H. B. 4618
(By Mr. Speaker, Mr. Kiss, and Delegates Staton,
Browning and R. M. Thompson)
(Originating in the Committee on Government Organization)
[February 26, 2002]
A BILL to amend chapter twenty-nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-seven,
relating to the creation of the national coal heritage area
authority; creating national coal heritage authority board;
composition, terms and expenses of board; appointment of
executive director; meetings; bylaws; powers of board;
rulemaking authority; authority to assess fees; and
continuation of legal obligations.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article twenty-seven, to read as
follows:
ARTICLE 27. NATIONAL COAL HERITAGE AREA AUTHORITY.
§29-27-1. Legislative findings.
The West Virginia Legislature finds that there is a
significant need for a public body to promote and enhance historic
preservation, tourism, and economic development activities that
relate to the state's history as a coal producing state within the
counties of Boone, Cabell, Fayette, Logan, McDowell, Mercer, Mingo,
Raleigh, Summers, Wayne, and Wyoming.
The Legislature further finds that the creation and empowering
of a statutory corporation to work with the landowners, county
officials and community leaders, state and federal government
agencies, and other interested parties to enable and facilitate the
development of the national coal heritage area will greatly assist
in the realization of these potential benefits.
§29-27-2. Definitions.
Unless the context clearly requires a different meaning, the
terms used in this section have the following meanings:
(a) "Authority" means the national coal heritage area
authority;
(b) "Board" means the board of the national coal heritage area
authority; and
(c) "National coal heritage area" means and is comprised of
the counties of Boone, Cabell, Fayette, Logan, McDowell, Mercer, Mingo, Raleigh, Summers, Wayne and Wyoming.
§29-27-3. Creation; appointment of board; terms; expenses;
executive director.
(a) There is hereby created the "national coal heritage area
authority" which is a public corporation and a government
instrumentality existing for the purposes of providing direction to
and assistance with state and federal historic preservation,
economic development, and tourism projects in the national coal
heritage area and aiding in the development and implementation of
integrated cultural, historical, and land resource management
policies and programs in order to retain, enhance, and interpret
the significant values of the lands, waters and structures in the
national coal heritage area.
(b) The authority board shall be comprised of seventeen
members. The following six persons shall be non-voting members and
shall serve by virtue of their offices and may be represented at
meetings of the board by designees: the secretary of the department
of education and the arts, the commissioner of the bureau of the
environment, the commissioner of the division of tourism, the
commissioner of the division of culture and history, the director
of the division of natural resources and the executive director of
the West Virginia development office. The remaining eleven members
shall be appointed for terms of four years by the governor with the advice and consent of the Senate. Of the eleven members appointed
by the governor, one member must reside in Boone county; one member
must reside in Cabell county; one member must reside in Fayette
county; one member must reside in Logan county; one member must
reside in McDowell county; one member must reside in Mercer county;
one member must reside in Mingo county; one member must reside in
Raleigh county; one member must reside in Summers county; one
member must reside in Wayne county; one member must reside in
Wyoming county; and the appointees must be representative of the
tourism industry, the coal industry, the united mine workers of
america, economic development activity, historic preservation
activity and higher education.
(c) Of the eleven members first appointed to the board, two
shall be appointed for a term ending the thirtieth day of June, two
thousand three, and three members for terms ending one, two and
three years thereafter as the governor shall designate at the time
of the appointments. Thereafter, the terms of office shall be four
years. No appointed member may serve more than two consecutive full
terms. A member shall continue to serve until his or her successor
has been appointed and qualified.
(d) If an appointed member is unable to complete a term, the
governor shall appoint a person to complete the unexpired term.
Each vacancy occurring on the board must be filled within sixty days after the vacancy is created.
(e) Any appointed member of the board shall immediately and
automatically forfeit his or her membership on the board if he or
she becomes a nonresident of the county from which he or she was
appointed.
(f) Each member of the board shall serve without compensation,
but shall receive expense reimbursement for all reasonable and
necessary expenses actually incurred in the performance of the
duties of the office, in the same amount paid to members of the
Legislature for their interim duties as recommended by the citizens
legislative compensation commission and authorized by law:
Provided, That no member shall be reimbursed for expenses paid by
a third party.
(g) The board shall appoint an executive director to act as
its chief executive officer, to serve at the will and pleasure of
the board. The board, acting through its executive director, may
employ any other personnel considered necessary and may appoint
staff for the authority and retain such temporary consultants or
technicians as may be required for any special study or survey
consistent with the provisions of this article. The executive
director shall carry out plans to implement the provisions of this
article and to exercise those powers. The executive director shall
prepare annually a budget to be submitted to the board for its review and approval.
§29-27-4. Board; quorum; chairperson; bylaws.
(a) The board is the governing body of the authority and the
board shall exercise all the powers given the authority in this
article.
(b) A chairperson shall be appointed by and shall serve at the
will and pleasure of the governor, with the advice and consent of
the Senate. The authority shall meet at such times as shall be
specified by the chairperson, but in no case less than once each
three months. Notice of the meeting must be given in accordance
with the provisions of section three, article nine-a, chapter six
of this code. A majority of the members may also call a meeting
upon such notice as provided in this section. Six appointed
members shall constitute a quorum for the transaction of business.
The chairperson of the board shall appoint from the membership of
the authority certain members to serve as secretary and as
treasurer.
(c) The board shall prescribe, amend and repeal bylaws and
rules governing the manner in which the business of the authority
is conducted, shall keep a record of its proceedings, and shall
review and approve an annual budget.
§29-27-5. Powers of authority.
The authority, as a public corporation and governmental instrumentality exercising public powers of the state, may exercise
all powers necessary or appropriate to carry out the purposes of
this article, including, but not limited to, the power:
(1) To assist in the development and implementation of
integrated cultural, historical and land resource management
policies and programs in the national coal heritage area;
(2) To advise the executive director of the national coal
heritage authority in retaining, enhancing and interpreting the
significant values of the lands, waters and structures of the area;
(3) To enter into partnerships with various preservation
groups, landmark commissions, certified local governments, county
commissions and other entities to undertake the preservation,
restoration, maintenance, operation, development, interpretation
and promotion of lands and structures that possess unique and
significant historic, architectural and cultural value associated
with the coal mining heritage of the national coal heritage area;
(4) To make, amend, repeal and adopt bylaws for the management
and regulation of its affairs;
(5) To appoint officers, agents and employees, and to contract
for and engage the services of consultants;
(6) To execute contracts necessary or convenient for carrying
on its business, including contracts with any other governmental
agency of this state or of the federal government or with any person, individual, partnership or corporation to effect any or all
of the purposes of this article;
(7) Without in any way limiting any other subdivision of this
section, to accept grants and loans from and enter into contracts
and other transactions with any federal agency;
(8) To maintain an office at such places within the state as
it may designate;
(9) To accept gifts or grants of property, funds, money,
materials, labor, supplies or services from the federal government
or from any governmental unit or any person, firm or corporation;
(10) To construct, reconstruct, improve, maintain, repair,
operate and manage certain facilities in the national coal heritage
area as may be determined by the authority;
(11) To enter into contract with landowners and other persons
holding an interest in the land being used for its recreational
facilities to hold those landowners and other persons harmless with
respect to any claim in tort growing out of the use of the land for
public recreation or growing out of the public activities operated
or managed by the authority from any claim except a claim for
damages proximately caused by the willful or malicious conduct of
the landowner or other person or any of his or her agents or
employees;
(12) To assess and collect a reasonable fee from those persons who use the designated facilities which are part of the national
coal heritage area, and to retain and utilize that revenue for any
purposes consistent with this article; and
(13) To propose rules for legislative approval in accordance
with the provisions of article three, chapter twenty-nine-a of this
code, as are necessary to effectuate the provisions of this
article.
§29-27-6. Continuation of legal obligations.
Nothing in this article shall be considered as superseding,
amending, modifying or
repealing any contract or agreement entered
into for the benefit of the national coal heritage area prior to
the date of enactment of this article.