H. B. 4085
(By Delegates J. Martin, Varner, Love
and Stalnaker)
[Introduced January 17, 1996; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section three, article sixteen-a,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, continuing the West
Virginia parkways, economic development and tourism
authority until the first day of July, one thousand nine
hundred ninety-seven.
Be it enacted by the Legislature of West Virginia:
That section three, article sixteen-a, chapter seventeen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
§17-16A-3. Dissolution and termination of West Virginia
turnpike commission; West Virginia parkways,
economic development and tourism authority
generally.
On and after the first day of June, one thousand nine
hundred eighty-nine, the West Virginia turnpike commission is
hereby abolished in all respects, and there is hereby created the
"West Virginia Parkways, Economic Development and Tourism
Authority," and by that name the parkways authority may sue and be sued and plead and be impleaded. The parkways authority is
hereby constituted an agency of the state, and the exercise by
the parkways authority of the powers conferred by this article in
the construction, reconstruction, improvement, operation and
maintenance of parkway, economic development and tourism projects
shall be deemed and held to be an essential governmental function
of the state.
The West Virginia parkways, economic development and tourism
authority shall consist of seven members, including the
transportation secretary, who shall serve as chairman of the
parkways authority, and six members, including no less than one
from each of the counties which have land bordering parkway
projects, appointed by the governor, by and with the advice and
consent of the Senate. The appointed members shall be residents
of the state, and shall have been qualified electors therein for
a period of at least one year next preceding their appointment.
Upon the effective date of this legislation, the governor shall
forthwith appoint six members of the parkways authority for
staggered terms. The terms of the parkways authority members
first taking office on or after the effective date of this
legislation shall expire as designated by the governor at the
time of the nomination, one at the end of the first year, one at
the end of the second year, one at the end of the third year,
one at the end of the fifth year, one at the end of the sixth
year, and one at the end of the seventh year, after the first day
of June, one thousand nine hundred eighty-nine. As these
original appointments expire, each subsequent appointment shall
be for a full eight-year term. Any member whose term has expired shall serve until his successor has been duly appointed and
qualified. Any person appointed to fill a vacancy shall serve
only for the unexpired term. Any member shall be eligible for
reappointment. The term of any person serving as a member of the
West Virginia turnpike commission immediately preceding the
effective date of this legislation shall cease and otherwise
expire upon such effective date: Provided, That any such member
shall be eligible for reappointment. Each appointed member of
the parkways authority before entering upon his duties shall take
an oath as provided by section five of article IV of the
Constitution of the state of West Virginia.
The parkways authority shall elect one of the appointed
members as vice chairman, and shall also elect a secretary and
treasurer who need not be members of the parkways authority.
Four members of the parkways authority shall constitute a quorum
and the vote of a majority of members present shall be necessary
for any action taken by the parkways authority. No vacancy in
the membership of the parkways authority shall impair the right
of a quorum to exercise all the rights and perform all the duties
of the parkways authority. The parkways authority shall meet at
least monthly and either the chairman or any four members shall
be empowered to call special meetings for any purpose or
purposes: Provided, That notice of any such meeting shall be
given to all members of the parkways authority not less than ten
days prior to said special meetings.
Before the issuance of any parkway revenue bonds or revenue
refunding bonds under the provisions of this article, each
appointed member of the parkways authority shall execute a surety bond in the penal sum of twenty-five thousand dollars and the
secretary and treasurer shall execute a surety bond in the penal
sum of fifty thousand dollars, each such surety bond to be
conditioned upon the faithful performance of the duties of his
office, to be executed by a surety company authorized to transact
business in the state of West Virginia as surety and to be
approved by the governor and filed in the office of the secretary
of state.
The members of the parkways authority shall not be entitled
to compensation for their services, but each member shall be
reimbursed for his actual expenses necessarily incurred in the
performance of his duties. All expenses incurred in carrying out
the provisions of this article shall be payable solely from funds
provided under the authority of this article and no liability or
obligation shall be incurred by the parkways authority hereunder
beyond the extent to which moneys shall have been provided under
the authority of this article.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia parkways, economic development and
tourism authority shall continue to exist until the first day of
July, one thousand nine hundred ninety-seven, to allow for
completion of the performance audit, monitoring of compliance
with recommendations contained in the completed portions of the
performance audit, and further review by the joint committee on
government operations.
NOTE: The purpose of this bill is to continue the West
Virginia Parkways, Economic Development and Tourism Authority
until July 1, 1997, to allow for completion of the full
performance audit, monitoring of compliance with recommendations
contained in the completed portions of the full performance audit, and further review by the Joint Committee on Government
Operations pursuant to the West Virginia Sunset Law.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
This bill is recommended by the Joint Committee on
Government Operations for passage during the 1996 Regular Session
of the Legislature.