COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 259
(By Senators Kessler and Chafin)
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[Originating in the Committee on the Judiciary;
reported February 24, 2009.]
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A BILL to amend and reenact §29-26-1 of the Code of West Virginia,
1931, as amended, relating to updating language within the
West Virginia Courthouse Facilities Improvement Authority.
Be it enacted by the Legislature of West Virginia:
That §29-26-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 26. WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT
AUTHORITY.
§29-26-1. West Virginia Courthouse Facilities Improvement
Authority created; membership.
(a) The West Virginia Courthouse Facilities Improvement
Authority is hereby created.
(b) The authority is to consist of twelve voting members,
including:
(1) The president of the West Virginia Sheriffs' Association or another member of the association designated to attend in lieu
of the president;
(2) One sheriff to be appointed by the president of the West
Virginia Sheriffs' Association:
Provided, That the sheriff who is
appointed may not be from the same congressional district as the
president;
(3) The president of the West Virginia Prosecuting Attorneys'
Association or another member of the association designated to
attend in lieu of the president;
(4) One prosecuting attorney to be appointed by the president
of the West Virginia Prosecuting Attorneys' Association:
Provided,
That the prosecuting attorney who is appointed may not be from the
same congressional district as the president;
(5) The president of the West Virginia
county and circuit
clerks'
association, County Clerks' Association or another member of
the association designated to attend in lieu of the president;
(6) The
vice president of the West Virginia
county and circuit
clerks'
association, Association of Circuit Clerks or another member
of the association designated to attend in lieu of the
vice
president;
(7) One county clerk to be appointed by the president of the
West Virginia
county and circuit clerks' association County
Clerks' Association: Provided, That the county clerk who is
appointed may not be from the same congressional district as the
president;
or vice president
(8) One circuit clerk to be appointed by the president of the West Virginia
county and circuit clerks' association Association of
Circuit Clerks: Provided, That the circuit clerk who is appointed
may not be from the same congressional district as the president;
or vice president
(9) The president of the West Virginia County Commissioners'
Association or another member of the association designated to
attend in lieu of the president;
(10) One county commissioner to be appointed by the president
of the West Virginia County Commissioners' Association:
Provided,
That the county commissioner who is appointed may not be from the
same congressional district as the president;
(11) The president of the West Virginia Assessors' Association
or another member of the association designated to attend in lieu
of the president; and
(12) One assessor to be appointed by the president of the West
Virginia Assessors' Association:
Provided, That the assessor who
is appointed may not be from the same congressional district as the
president.
(c) The authority is to consist of eight advisory members,
including:
(1) The president of the West Virginia Judicial Association or
another member of the association designated to attend in lieu of
the president;
(2) One circuit judge to be appointed by the West Virginia
Judicial Association
: Provided, That the circuit judge who is
appointed may not be from the same congressional district as the president;
(3) The president of the West Virginia Magistrates'
Association or another member of the association designated to
attend in lieu of the president;
(4) One magistrate to be appointed by the West Virginia
Magistrates' Association
: Provided, That the magistrate who is
appointed may not be from the same congressional district as the
president;
(5) The president of the West Virginia
family law masters'
Family Judicial Association or another member of the association
designated to attend in lieu of the president;
(6) One family
law master court judge to be appointed by the
West Virginia
family law masters'association Family Judicial
Association: Provided, That the family
law master court judge who
is appointed may not be from the same congressional district as the
president;
(7) One member of the West Virginia Senate to be appointed by
the President of the Senate; and
(8) One member of the West Virginia House of Delegates to be
appointed by the Speaker of the House of Delegates.
(d) The advisory members of the authority are nonvoting, ex
officio members.
(e) The appointments are to be made as soon as possible after
the effective date of this article. The terms of appointments are
for four-year terms.
(f) The authority shall annually elect one of its members as chair and shall appoint a secretary, who need not be a member of
the authority and who shall keep records of its proceedings.
(g) The authority shall meet at least once every ninety days
to review applications requesting funding assistance and otherwise
to conduct its business and may meet more frequently if necessary.
(h) Seven members of the authority constitute a quorum and the
affirmative vote of at least a majority of those members present is
necessary for any action taken by vote of the authority. No
vacancy in the membership of the authority impairs the rights of a
quorum by such vote to exercise all the rights and perform all the
duties of the authority.
(i) Members of the authority shall be reimbursed for
reasonable and necessary expenses actually incurred in the
performance of their official duties from funds appropriated or
otherwise made available to the authority for the purpose of
reimbursement upon submission of an itemized statement.
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(NOTE: The purpose of this bill is to update language within
the West Virginia Courthouse Facilities Improvement Authority.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)