H. B. 2691


(By Delegates Flanigan, Wills and Frederick)

[Introduced February 9, 1999; referred to the

Committee on Political Subdivisions.]




A BILL to amend and reenact sections two, three, four and six, chapter two hundred twenty-eight, acts of the Legislature, regular session, one thousand nine hundred ninety-seven; and to further amend said chapter by adding thereto a new section, designated section seven, all relating to the Mercer County Governmental Council; expanding its authority; and changing its composition.

Be it enacted by the Legislature of West Virginia:
That sections two, three, four and six, chapter two hundred twenty-eight, acts of the Legislature, regular session, one thousand nine hundred ninety-seven, be amended and reenacted; and that said chapter be further amended by adding thereto a new section, designated section seven, all to read as follows:
MERCER COUNTY GOVERNMENTAL COUNCIL.
§2. Purposes.

The purpose purposes of the council created herein is are to:
(1) Foster and promote cooperation and understanding among the various governing bodies and officials of Mercer County, West Virginia and including the Mercer County legislative delegation. The A desired effect of this organization is for Mercer County to present a unified voice and vision to the state and federal governments for the betterment of Mercer County and to ensure that the citizens of Mercer County are heard by their state and federal representatives and receive a fair and equitable proportion of resources available from these levels of government; and
(2) Develop strategies and plans for supporting solutions to problems and meeting needs of the county.
§3. Membership.
(a) The Mercer County Governmental Council shall be is composed of three distinct groups of members: full members affiliate members; and associate members.
(b) The full members shall be are the elected members of the governing bodies of the municipalities located within Mercer County, the members of the Mercer County Commission, and those members of the state Senate and the House of Delegates elected to represent Mercer County, or a portion thereof, in the Legislature. The terms of office for these members shall be are coextensive with the terms of their respective elected offices.
(c) The affiliate associate members shall be are:
(1) Those individuals elected to the following Mercer County public offices: Sheriff, county clerk, circuit clerk, assessor and prosecuting attorney. circuit judge, and magistrate The terms of office of these members shall be are coextensive with the terms of their respective elected offices; and
(2) The associate members shall be Those individuals who are elected or appointed to the following offices or positions: Mercer County Economic Development Authority; Bluefield city manager; Princeton city manager; Region I Planning and Development Council; West Virginia Division of Highways district office; Chambers of Commerce; Mercer County Board of Education; Mercer County Health Board; Bluestone Convention and Tourism Board; Mercer County Emergency Services; and hospital administrators of hospitals located in Mercer County and others who may be appointed from time to time, at the council's discretion. The terms of office of these members shall be coextensive with the terms of their elected or appointed offices or positions.
§4. Officers.
The Mercer County Governmental Council shall, at its first meeting in July, one thousand nine hundred ninety-seven ninety-nine, elect from among its membership a president, and vice president, treasurer and secretary, who shall serve in their respective capacities for terms of two years. The president shall appoint an individual to serve as secretary/treasurer, who shall serve until a successor is appointed.
§6. Voting.
The council as a whole may take up for consideration any matter brought before it by any member but only full members of the council are entitled to vote on a matter. A simple majority of the full members present voting in the affirmative shall be is sufficient for the measure to carry. However, no vote of the council may have a binding effect upon any member in the performance of his or her duties as an elected or appointed official. and such The votes of the council shall be are advisory only, except when authorizing the expenditure of funds.
§7. Powers of the council.
(a) The council is authorized to receive appropriations, gifts and grants from any source, including but not limited to, any municipality within the county and the county commission. It may establish an account with a local bank for deposit of funds received. The council may expend funds received in furtherance of the purposes stated in this act.
(b) The council may prepare and distribute informational materials to assist it in its activities.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§7 is new; therefore, strike-throughs and underscoring have been omitted.