COMMITTEE SUBSTITUTE
FOR
H. B. 4669
(By Delegate Michael)
(Originating in the Committee on Government Organization)
[February 28, 2000]
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
submit to the county commission the name of one representative to
be appointed to names of three persons, one of whom the county
commission shall appoint to be the municipality's representative
on 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.