Senate Bill No. 219
(By Senators Whitlow, Chafin, Wagner, Anderson,
Bailey and Wooton)
[Introduced January 31, 1995; referred to the Committee
on Transportation; and then to the Committee on Finance.]
A BILL to establish the coal heritage parkway authority; provide
for its functions, appointment of members; granting the
authority certain powers and duties; providing for the
election of officers; providing for bylaws; compensation of
voting members; prescribing its authority as corporate body;
and providing for support, maintenance and operation of the
Be it enacted by the Legislature of West Virginia:
COAL HERITAGE PARKWAY AUTHORITY.
§1. Parkway authority created; functions.
There is hereby created a Coal Heritage Parkway Authority,
to plan, promote and advance tourism and related development
activities along the major highways in the counties of McDowell, Mercer, Raleigh and Wyoming and to coordinate with other
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 along the major highways of
these counties for the benefit of West Virginians.
§2. Members; appointment; powers and duties generally; officers;
bylaws; rules; compensation.
(a) The authority consists of thirteen voting members and
three ex officio nonvoting members. All members shall be
appointed before the first day of July, one thousand nine hundred
(b) Each of the county commissions of the counties of
McDowell, Mercer, Raleigh and Wyoming shall appoint three voting
members to the commission, one of whom shall be a member of the
county commission. The terms of the voting members initially
appointed by a county commission are as follows: One member
shall be appointed for a term of one year, one member shall be
appointed for a term of two years and one member shall be
appointed for a term of three years. All successive appointments shall be for a term of three years. One member of the authority
shall be appointed by the governor to serve at the will and
pleasure of the governor. The member appointed by the governor
shall be a resident of McDowell, Mercer, Raleigh or Wyoming
counties. Any voting member appointed by a county commission may
be removed for cause by the appointing county commission.
(c) The three ex officio nonvoting members are the director
of the Appalachian Center for Tourism at Concord College, Athens,
West Virginia, the general manager or designee of the Parkways
Economic Development and Tourism Authority and the commissioner
of the Division of Culture and History 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 on the first Monday in July in
each year and bimonthly on a day and at a time as the authority
may designate in its bylaws in each of the counties on a rotating
basis. Members of the authority shall annually elect a
president, vice president, secretary and treasurer to conduct
meetings and manage the business of the authority. 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. Seven voting members
constitute a quorum for all meetings. The authority shall adopt
bylaws and 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
(1) Preparing a plan or plans for the Coal Heritage Parkway
(2) Promoting, advancing and supporting tourism along the
major highways of the counties of McDowell, Mercer, Raleigh and
(3) Advocating actions consistent with the tourism promotion
plan or its provisions to or before any governmental entity or
any private person or entity; and
(4) Otherwise acting in an advisory capacity with regard to
any aspects of tourism along the major highways in the counties
of McDowell, Mercer, Raleigh and Wyoming at the request of or
without the request of any governmental entity or private person
The authority may not own any of the real estate or real property herein described for development.
Each voting member of the authority shall be compensated
monthly by the governing bodies which appointed the members in an
amount to be fixed by the governing body.
§3. Body corporate.
The authority hereby created shall be a public corporation
and as such it may contract and be contracted with, sue and be
sued, plead and be impleaded and may have and use a corporate
§4. Support, maintenance and operation.
The county commissions of the counties of McDowell, Mercer,
Raleigh and Wyoming may provide for the support, maintenance and
operation of the Coal Heritage Parkway Authority and other
related activities under the jurisdiction of the authority hereby
NOTE: The purpose of this local bill is to establish the
Coal Heritage Parkway Authority in the counties of McDowell,
Mercer, Raleigh and Wyoming for the purpose of promoting and
enhancing tourism and related development along the major
highways of these counties.
This local bill is new; therefore, strike-throughs and
underscoring have been omitted.