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Introduced Version House Bill 2054 History

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hb2054 intr
H. B. 2054


(By Delegate Beane)
[Introduced February 9, 2005; referred to the
Committee on Government Organization then Finance.]




A BILL to amend and reenact §5-22A-4 of the code of West Virginia, 1931, as amended, relating to allowing members of the design-build board to be reimbursed travel and other necessary expenses actually incurred while engaged in attending board meetings.

Be it enacted by the Legislature of West Virginia:
That §5-22A-4 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 22A. DESIGN-BUILD PROCUREMENT ACT.
§5-22A-4. Design-build board and members; appointments; meetings; authority to promulgate rules.

(a) There is hereby created The design-build board and shall be is continued and is composed of the following nine members who are to be appointed by the governor with the advice and consent of the Senate: Two contractors licensed in the state of West Virginia; one architect licensed in the state of West Virginia and one professional engineer licensed in the state of West Virginia; the secretary of the department of administration, ex officio; one representative from labor and three other members of the public at large. Members of the board are not entitled to compensation for services performed as members, however, members are entitled to reimbursement of travel and other necessary expenses actually incurred while engaged in attending board meetings, in accordance with rules promulgated pursuant to section eleven, article three, chapter twelve of this code and travel management rules promulgated by the department of administration. Each member of the board must shall take and subscribe to the oath or affirmation required pursuant to section five, article IV of the constitution of West Virginia.
(b) Within thirty days of the effective date of this section, the governor shall make the initial appointments to the design-build board. Of the initial appointments to the board, four will be for a term ending two years after the effective date of this section and four for a term ending three years after the effective date of this section. Thereafter, Terms of office are for three years, each term ending on the same day of the same month of the year as did the term which it succeeds. Each member will hold holds office from the date of his or her appointment or until his or her successor qualifies for office. When a vacancy occurs as a result of death, resignation or removal in the membership of the board, it must shall be filled by an appointment within thirty days of the vacancy for the unexpired portion of the term in the same manner as original appointments.
(c) The board must meet within thirty days of the initial appointments to the board at a time and place to be determined by the governor, who must designate a member to preside at that meeting until a chairman is elected. At its first meeting, The board shall elect a chairman chairperson and such other necessary officers. as are necessary The board shall within ninety days after its first meeting adopt rules for its procedures. Five members of the board constitute is a quorum. Except as may otherwise be provided in this section, a majority of the total membership is necessary to act at all times. Meetings of the board shall be are held upon the call of the secretary of the department of administration.
(d) The board shall promulgate shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to carry out the purposes of this article. Any rules adopted by the board prior to the first day of October, one thousand nine hundred ninety-nine, are exempt from the provisions of article three, chapter twenty-nine-a of this code: Provided, That the board shall file a copy of any rule so exempted from the provisions of chapter twenty-nine-a of this code with the legislative rule-making review committee created pursuant to section eleven, article three of said chapter prior to the thirtieth day of November, one thousand nine hundred ninety-nine.



NOTE: The purpose of this bill is to allow members of the design-build board to be reimbursed travel and other necessary expenses actually incurred while engaged in attending board meetings.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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