§5B-9-1. Flatwater Trail Commission; Members, Appointment, and Expenses
(a) The Flatwater Trail Commission is hereby created as an independent body corporate. It shall be a commission advisory to the secretary and to the Department of Commerce. (b) The Flatwater Trail Commission shall consist of five members, who shall be residents and citizens of the state. The commission members shall be appointed by the […]
§5B-10-1. Short Title
This article shall be known and cited as the “West Virginia Development Achievements Transparency Act” or the “West Virginia DATA Act”.
§5B-10-2. Purpose and Findings
(a) The Legislature finds that public tax dollars are expended annually, whether directly in the form of grants or indirectly in the form of tax credits and incentives, for the purpose of developing and improving economic industries within the State of West Virginia. (b) The Legislature further finds that the State of West Virginia should […]
§5B-10-3. Definitions
For the purpose of this article: “Auditor” means the State Auditor of West Virginia, by himself or herself, or by any person appointed, designated, or approved by the State Auditor to perform the service. “Business type” means the legal form of organization of a corporate parent or recipient corporation, including, but not limited to, a […]
§5B-10-4. Reporting Requirements
(a) Within 30 days of the end of the fiscal year, each granting body shall provide the Auditor with the information required in 5B-10-6 of this code for each development subsidy provided to a recipient corporation by a granting body: Provided, That no development subsidy approved and legally obligated by the State of West Virginia […]
§5B-10-5. Auditor S Searchable Economic Development Website Created
No later than January 1, 2022, the Auditor shall develop and make publicly available a searchable financial transparency website containing the information specified in 5B-10-6 of this code.
§5B-10-6. Contents of the Searchable Website
(a) The Auditor shall include as part of the searchable economic development transparency website the following content for each fiscal year and the previous three fiscal years: (1) The name of the recipient corporation of a development subsidy: Provided, That if a name of a recipient corporation of a development subsidy be considered confidential information, […]
§5B-10-7. Confidentiality
(a) Nothing in this article may be construed as requiring the West Virginia Department of Economic Development or the West Virginia Tax Department to release confidential information as defined in this article. (b) If information regarding a development subsidy is confidential information, a granting body shall redact only those confidential items but shall disclose any […]
§5B-10-8. Source and Accuracy of Information; Failure to Report
(a) To fulfill the requirements of this article, a granting body may independently compile the information required in 5B-10-6 of this code or request the information from a recipient corporation. (b) A granting body shall review information received from a recipient corporation to ensure it is reasonably accurate but is not required to audit or […]
§5B-10-9. Public Hearings
The Auditor may conduct public hearings or training sessions to assist any recipient corporation or granting body in complying with the requirements of this article.