ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2397
(By Delegates Michael, Doyle, Martin, Mezzatesta, Proudfoot,
Collins and Williams)
(Originating in the Committee on Government Organization)
[March 21, 1997]
A BILL to establish the Robert C. Byrd Corridor H Highway
Authority; functions; members; appointment; powers and
duties; officers; bylaws and rules; compensation and
expenses; authority as corporate body; and severability.
Be it enacted by the Legislature of West Virginia:
ROBERT C. BYRD CORRIDOR H HIGHWAY AUTHORITY.
§1. Highway authority created; purpose.
There is hereby created the Robert C. Byrd Corridor H
Highway Authority, to promote and advance the construction of a
modern highway, to be known as the Robert C. Byrd Corridor H
Highway, through Randolph, Tucker, Grant, Hardy, Barbour, Upshur
and Lewis 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 the Robert C. Byrd Corridor H Highway
for the benefit of West Virginians.
§2. Members; appointment; officers.
(a) The authority consists of twenty-one voting members and
three ex officio nonvoting members. All members shall be
appointed before the first day of July, one thousand nine hundred
ninety-seven.
(b) Each of the county commissions of the counties of
Randolph, Tucker, Grant, Hardy, Barbour, Upshur and Lewis shall
appoint three voting members to the authority. The terms of the
voting members initially appointed by a county commission are as
follows: One member from each county shall be appointed for a
term of one year, one member from each county shall be appointed
for a term of two years and the rest of the members 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. Eleven 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 and rules as may be necessary for
its operation and management.
§3. Powers.
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
Robert C. Byrd Corridor H Highway;
(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 the Robert C. Byrd Corridor H Highway 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 highway.
§4. Compensation.
Each voting member of the authority shall receive
compensation and expense reimbursement from the governing body
which appointed the member in an amount to be fixed by the
governing body, not to exceed the same compensation and expense
reimbursement as is paid to members of the Legislature for their
interim duties as recommended by the citizens legislative compensation commission and authorized by law, for each day or
substantial portion thereof engaged in the performance of
official duties.
§5. Body corporate.
The authority hereby created is 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 seal.
§6. Severability.
If any provision hereof is held invalid, the invalidity may
not affect other provisions hereof which can be given effect
without the invalid provision, and to this end the provisions of
this Act are severable.
Adopted
Rejected