H. B. 4106
(By Mr. Speaker, Mr. Kiss, and Delegates Michael,
Varner, Martin, Kominar, Kuhn and Douglas)
[Introduced January 20, 2000; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section four, article twenty, chapter
thirty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
West Virginia regional jail and correctional facility
authority board to appoint an executive director; and
providing a term of five years.
Be it enacted by the Legislature of West Virginia:
That section four, article twenty, chapter thirty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL
§31-20-4. Governing body; organization and meetings; quorum; administrative expenses.
The governing body of the authority shall consist of the
voting members of the board as provided for in section three of
this article and shall exercise all the powers given to the
authority in this article. On the second Monday of July of each
odd-numbered year, the board shall meet to elect a chairman and
a secretary from among its own members. The secretary of the
department of administration or his or her designated
representative shall serve as treasurer of the board. The board
shall otherwise meet quarterly, unless a special meeting is
called by its chairman.
A majority of the members of the board constitute a quorum,
and a quorum must be present for the board to conduct business.
Unless the bylaws require a larger number, action may be taken by
majority vote of the members present.
The board shall prescribe, amend and repeal bylaws and rules
governing the manner in which the business of the authority is
conducted and shall review and approve the budget prepared by the
executive director annually.
On or before the first day of April, two thousand, the
governor West Virginia regional and correctional facility authority board shall, with the advice and consent of the Senate,
appoint an executive director to act as its chief executive
officer, to serve at the will and pleasure of the governor board.
The appointment shall be for a term of five years to begin on the
first day of April, two thousand. The executive director is
empowered to employ any other personnel he or she determines
necessary and may appoint counsel and legal staff for the
authority and retain such temporary engineering, financial and
other consultants or technicians as may be required for any
special study or survey consistent with the provisions of this
article. The executive director is further empowered to engage
in negotiations and carry out plans to implement the provisions
of this article and to exercise those powers listed in section
five of this article on behalf of the authority. The executive
director shall prepare annually a budget to be submitted to the
board for its review and approval.
All costs incidental to the administration of the authority,
including office expense, personal services expense and current
expense, shall be paid from the regional jail and correctional
facility development fund in accordance with guidelines issued by
the board of the authority.
NOTE: The purpose of this bill is to authorize the Regional
Jail and Correctional Facility Authority Board to appoint an
executive director, with the advice and consent of the Senate, to
serve for a term of five years, beginning April 1, 2000.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.