Senate Bill No. 449
(By Senators Bowman, Bailey, Ball, Dawson,
Kessler, McCabe, Minard, Redd, Snyder,
Boley and Minear)
[Originating in the Committee on Government Organization;
reported February 10, 2000.]
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 continuing 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;
The West Virginia railroad maintenance authority, heretofore
is hereby continued and redesignated the West Virginia
state rail authority, is hereby continued. 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 shall be chairman: Provided,
That the secretary may appoint a designee to act in his or her
stead at meetings of the authority. 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 as provided in
section four, article six, chapter six of this code.
Annually the authority shall elect one of its members 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 authority chairman.
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 two, unless sooner
terminated, continued or reestablished by act of the Legislature.
(NOTE: The purpose of this bill is to continue the state rail
authority until July 1, 2002, pursuant to the provisions of the
West Virginia sunset law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates language that would be
This bill is recommended by the joint committee on government
operations for passage during the regular 2000 legislative