Senate Bill No. 86
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[Originating in the Committee on Government Organization;
reported February 20, 1997.]
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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, relating to continuing
the West Virginia parkways, economic development and tourism
authority until the first day of July, one thousand nine
hundred ninety-eight.
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:
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, 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, 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-nine.
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(NOTE: The purpose of this bill is to continue the West
Virginia Parkways, Economic Development and tourism Authority until
July 1, 1999, pursuant to the provisions of 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 1997 Regular Session of the
Legislature.)