H. B. 2791
(By Delegates Michael, Mezzatesta, Martin and Proudfoot)
[Introduced February 16, 1999; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section four, article eighteen,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the authority and organization of the state rail authority.
Be it enacted by the Legislature of West Virginia:
That section four, article eighteen, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 18. WEST VIRGINIA STATE RAIL AUTHORITY.
§29-18-4. West Virginia state rail authority continued;
organization of authority; appointment of members;
term of office, compensation and expenses;
director of authority; termination date.
The West Virginia railroad maintenance authority, heretofore
created, is hereby continued and redesignated the West Virginia
state rail authority. References in this code to the West Virginia railroad maintenance authority shall be understood and
taken to mean the West Virginia state rail authority. Nothing in
this article is intended to invalidate any action or obligation
of the West Virginia railroad maintenance authority undertaken
prior to the effective date of this article. The authority is a
governmental instrumentality of the state and a body corporate.
The exercise by the authority of the powers conferred by this
article and the carrying out of its purposes and duties shall be
deemed and held to be, and are hereby determined to be, essential
governmental functions and for a public purpose.
The authority shall consist of seven members. The secretary
of the department of transportation, or his/her designee, shall
be chairman. a member ex officio. The other six members shall be
appointed by the governor, by and with the advice and consent of
the Senate, for a term of six years. Of the members of the
authority first appointed, two shall be appointed for a term
ending on the thirtieth day of June, one thousand nine hundred
seventy-seven, two shall be appointed for a term ending two years
thereafter and two shall be appointed for a term ending four
years thereafter. A person appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessor was
appointed shall be appointed only for the remainder of such term.
Each authority member shall serve until the appointment and
qualification of his successor. No more than three of the
appointed authority members shall at any one time belong to the same political party. Appointed authority members may be
reappointed to serve additional terms.
All members of the authority shall be citizens of the state.
Each appointed member of the board, before entering upon his
duties, shall comply with the requirements of article one,
chapter six of this code and give bond in the sum of twenty-five
thousand dollars in the manner provided in article two, chapter
six of this code. The governor may remove any authority member
for cause as provided in section four, article six, chapter six
of this code.
Annually the authority shall elect one of its members as
chairman and another as vice chairman, and shall appoint a
secretary-treasurer, who need not be a member of the authority.
Four members of the authority shall constitute a quorum and the
affirmative vote of four members shall be necessary for any
action taken by vote of the authority. No vacancy in the
membership of the authority shall impair the rights of a quorum
by such vote to exercise all the rights and perform all the
duties of the authority. The person appointed as secretary- treasurer, including an authority member if he is so appointed,
shall give bond in the sum of fifty thousand dollars in the
manner provided in article two, chapter six of this code.
The secretary of the department of transportation shall not
receive any compensation for serving as the an authority
chairman. member. Each of the six appointed members of the authority shall receive 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 discharge of official
duties. All such compensation and expenses incurred shall be
payable solely from funds of the authority or from funds
appropriated for such purpose by the Legislature and no liability
or obligation shall be incurred by the authority beyond the
extent to which moneys are available from funds of the authority
or from such appropriations.
There shall also be a director of the authority appointed by
the authority, with the consent of the secretary.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia state rail authority shall continue
to exist until the first day of July, two thousand.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
GOVERNMENT ORGANIZATION COMMITTEE AMENDMENT
On page two, section four, line thirteen, following the word
"transportation" by striking out the remainder of the sentence
and inserting in lieu thereof the words "shall be chairman:
Provided, That the secretary may appoint a designee to act in his
or her stead at meetings of the authority."