H. B. 4669
(By Delegates Michael)
[Introduced February 24, 2000; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section three, article twelve,
chapter seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
appointment and removal of members of a county development
authority.
Be it enacted by the Legislature of West Virginia:
That section three, article twelve, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 12. COUNTY AND MUNICIPAL DEVELOPMENT AUTHORITIES.
§7-12-3. Management and control of county authority vested in
board; appointment and terms of members; vacancies;
removal of members.
The management and control of a county authority, its
property, operations, business and affairs shall be lodged in a
board of not fewer than twelve nor more than twenty-one persons who shall be appointed by the county commission and be known as
members of the authority. One member shall be appointed by the
The county commission shall appoint one member to represent it
the county commission on the board and, for each municipality
located within the county, the county commission shall appoint
one member to represent the municipality. The city and town
council of each municipality located within the county shall may
submit to the county commission the name of one representative to
be appointed person it desires to be appointed as its
representative on the board, and the county commission may, in
its discretion, appoint the person named as the municipality's
representative on to the board. Other members of the board shall
be appointed by the county commission and shall include
representatives of business, industry and labor. The members of
the authority first appointed shall serve respectively for terms
of one year, two years and three years, divided equally or as
nearly equal as possible between these terms. Thereafter,
members shall be appointed for terms of three years each. A
member may be reappointed for such additional term or terms as
the appointing agency county commission may deem proper. If a
member resigns, is removed or for any other reason his membership
terminates during his term of office, a successor shall be
appointed by the appointing agency county commission
to fill out
the remainder of his term. Members in office at the expiration
of their respective terms shall continue to serve until their successors have been appointed and have qualified. The
appointing agency county commission may at any time remove its
appointed member of the commission any member of the board by an
order duly entered of record or by other action appropriate for
such appointing agency and may appoint a successor member for any
member so removed.
In addition to the appointing agencies hereinbefore named
such other Other persons, firms, unincorporated associations, and
corporations, who reside, maintain offices, or have economic
interests, as the case may be, in the county, shall be eligible
to participate in and request the county commission to appoint
members to the development authority as the said authority shall
by its bylaws provide.
Note: The purpose of the bill is to clarify that the
appointment and removal of members of a county development
authority is vested in the county commission.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.