ENGROSSED
H. B. 2276
(By Delegates Kuhn, Butcher, Collins,
Kominar and Claypole)
[Introduced February 28, 1997; referred to the
Committee on Roads and Transportation then Government Organization.]
A BILL to amend and reenact section one, article two, chapter
five-f of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
two-a, article seven, chapter six of said code; to amend and
reenact section three, article two-a, chapter seventeen of
said code; and to amend and reenact section three, article
sixteen-a of said chapter, all relating to separating the
department of highways and the West Virginia parkways,
economic development and tourism authority from the
department of transportation and making each a separate
entity; providing a salary increase to the commissioner of
highways.
Be it enacted by the Legislature of West Virginia:
That section three, article two-a, chapter seventeen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section three,
article sixteen-a of said chapter be amended and reenacted to
read as follows:
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-3. Salary and expenses.
The commissioner shall receive an annual salary of fourteen
ninety thousand dollars. He or she shall be allowed and paid
necessary traveling expenses incident to performance of his or
her duties. Statements covering such the expenses shall be
itemized and verified by the commissioner.
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§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 commissioner of highways, 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 or her 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 the effective date:
Provided, That any such member shall be eligible for reappointment. Each appointed member of the parkways authority
before entering upon his or her 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 the 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 or
her 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 may not be
entitled to compensation for their services, but each member
shall be reimbursed for his or her actual expenses necessarily
incurred in the performance of his or her duties. All expenses
incurred in carrying out the provisions of this article shall be HB2276 HFA Warner 4/3 #2
Delegate Warner moves to amend the bill on page eight,
section one, line one hundred forty-five, by striking out all of
lines one hundred forty-five and one hundred forty-six, and
renumbering the subsection accordingly,
And,
On page twenty-four, following line eighty-seven, by adding
a new subsection, to read as follows: "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-nine."
And by lettering the subdivisions accordingly.
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-nine."