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Introduced Version Senate Bill 321 History

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Senate Bill No. 321

(By Senators Kessler (Mr. President) and M. Hall,

By Request of the Executive)


[Introduced January 10, 2014; referred to the Committee on Government Organization; and then to the Committee on the Judiciary.]




A BILL to amend and reenact §5-4-1 and §5-4-2 of the Code of West Virginia, 1931, as amended, all relating to the Board of Public Works; providing for board members to be represented by designees; and permitting board members to vote by proxy.

Be it enacted by the Legislature of West Virginia:

    That §5-4-1 and §5-4-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:


§5-4-1. How constituted; powers and duties.

    The Governor, Secretary of State, Auditor, Superintendent of Free Schools, Treasurer, Attorney General, and Commissioner of Agriculture, or their designees, shall be and constitute a corporation under the style of "The Board of Public Works." The said board shall have the powers and perform the duties prescribed for it by law. Board members shall vote in person or by proxy.

§5-4-2. Secretary; records.

    The Secretary of State, or his or her designee, shall act as secretary of the board, and shall keep a record of the official acts thereof, and shall discharge such other duties as may be by the board prescribed. The proceedings of each day shall be signed by the officer presiding on that day and shall at all times be open to inspection.

    NOTE: The purpose of this bill is to allow members of the Board of Public Works to be represented by designees and to vote by proxy.

    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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