Relating to authorizing the Division of Economic Development to promulgate a legislative rule relating to Tourism Development Districts.
Summary
HB4323 is a rule-authorization bill that approves a legislative rule for the Division of Economic Development concerning Tourism Development Districts. The bill amends and reenacts a provision of West Virginia law to expressly authorize the rule filed in the State Register on October 8, 2024, under the Division’s existing rulemaking authority in §5B-1-9.
In practical terms, the bill does not create a new tourism program or substantially rewrite substantive law; instead, it gives legislative approval to an administrative rule already developed by the Division of Economic Development. The referenced rule, 145 CSR 16, governs Tourism Development Districts, which are intended to support tourism-related development and related economic activity in designated areas.
Impact
HB4323 affects West Virginia’s administrative rule authorization process by confirming that the Division of Economic Development may implement its Tourism Development Districts rule. Its legal effect is to validate the rule under state law, allowing the agency to proceed with regulation and administration of tourism development districts as set out in 145 CSR 16. The bill primarily impacts the Division of Economic Development, local tourism and development interests, and any businesses, property owners, or local governments operating within or near tourism development districts.
Sentiment
The available record suggests a neutral to favorable posture toward the bill, with no recorded committee debate, votes, or opposition in the provided materials. Because the bill is a technical rule-authorization measure rather than a controversial policy change, it appears to have been presented as a routine administrative approval related to economic development and tourism promotion.
Contention
No specific points of contention are documented in the provided transcripts or voting history. Any potential concerns would likely center on the scope of the Tourism Development Districts rule itself, such as how districts are designated, how local stakeholders are affected, or whether the rule gives the Division of Economic Development too much discretion. However, those issues are not reflected in the available legislative record for this bill.
Relating to authorizing the Division of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways