Senate Bill No. 78
(By Senators Jenkins, Plymale, Facemyer and Lanham)
[Introduced February 9, 2005; referred to the Committee
on Transportation and Infrastructure; and then to the Committee
on Government Organization.]
Be it enacted by the Legislature of West Virginia:
A BILL to amend and reenact sections 1, 2 and 3, chapter 232, Acts
of the Legislature, regular session, 1997, all relating to
expanding the counties covered by West Virginia Route 2 and
Interstate 68 Authority to include Cabell, Mason and Jackson
counties; and increasing the number of members.
That sections 1, 2 and 3, chapter 232, Acts of the
Legislature, regular session, 1997, be amended and reenacted, all
to read as follows:
WEST VIRGINIA ROUTE 2 AND INTERSTATE 68 AUTHORITY.
§1. West Virginia Route 2 and Interstate 68 Authority created;
There is hereby created a West Virginia Route 2 and Interstate
68 Authority to promote and advance the construction of a modern
highway through Cabell, Mason, Jackson,
Wood, Pleasants, Tyler,
Wetzel, Marshall, Ohio, Brooke, Hancock, Marion and Monongalia counties and to coordinate with counties, municipalities, state and
federal agencies, public nonprofit corporations, private
corporations, associations, partnerships and individuals for the
purpose of planning, assisting and establishing recreational,
tourism, industrial, economic and community development of West
Virginia Route 2 between Huntington,
Parkersburg and Chester and
Interstate 68 between Moundsville and Morgantown for the benefit of
§2. Members; appointment; officers.
(a) The Authority consists of
and three ex officio nonvoting members. All members shall be
appointed before the first day of July, one thousand nine hundred
ninety-seven, except that the members from Cabell, Mason and
Jackson counties shall be appointed before the first day of July,
two thousand five.
(b) Each of the county commissions of the counties of Cabell,
Wood, Pleasants, Tyler, Wetzel, Marshall, Ohio,
Brooke, Hancock, Marion and Monongalia shall appoint two voting
members to the Authority. The terms of the voting members
initially appointed by a county commission are as follows: One
member shall be appointed for a term of two years and one member
shall be appointed for a term of four years. All successive
appointments shall be for a term of four years. Any voting member
may be removed for cause by the appointing county commission.
(c) The three ex officio nonvoting members are the
Commissioner of Highways or designee, the Director of Natural
Resources or designee and the Executive Director of the West
Virginia Development Office or designee.
(d) Should a vacancy occur, the person appointed to fill the
vacancy shall serve only for the unexpired portion thereof. All
members are eligible for reappointment.
(e) The Authority shall meet annually on the third Monday in
July and at such other times designated by the Authority in its
bylaws. A special meeting may be called by the President, the
Secretary or any two members of the Authority and may be held only
after all members are given notice of the meeting in writing.
voting members constitute a quorum for all
meetings. At each annual meeting of the Authority, it shall elect
a President, Vice President, Secretary and Treasurer. The
Authority shall adopt bylaws, rules as may be necessary for its
operation and management.
The Authority has all, but only those powers necessary,
incidental, convenient and advisable for the following purposes:
(1) The promotion of economic development and tourism along
West Virginia Route 2 between Huntington,
Parkersburg and Chester
and Interstate 68 between Moundsville and Morgantown;
(2) Advocating actions consistent with that plan or its provisions to or before any governmental entity or any private
person or entity; and
(3) Otherwise acting in an advisory capacity with regard to
any aspects of West Virginia Route 2 between Huntington,
Parkersburg and Chester and Interstate 68 between Moundsville and
Morgantown at the request of or without the request of any
governmental entity or private person or entity.
The Authority may not own any of the real estate or real
property herein described for development and may not be
responsible for operating or maintaining the highways described
(NOTE: The purpose of this bill is to increase the number of
members on the West Virginia Route 2 and Interstate 68 Authority
from twenty to twenty-six and expand the Authority's territory to
include Cabell, Mason and Jackson counties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates language that would be