
ENGROSSED
H. B. 3252
(By Delegates Warner, Cann, Michael and Stalnaker)
(Originating in the Committee on Finance)
[April 5, 2001]
A BILL to repeal section four, chapter thirty-one, acts of the
Legislature, regular session, one thousand nine hundred sixty,
as last amended and reenacted by chapter two hundred thirteen,
acts of the Legislature, regular session, one thousand nine
hundred sixty-seven
; and to amend and reenact section three,
chapter thirty-one, acts of the Legislature, regular session,
one thousand nine hundred sixty, as last amended and reenacted
by chapter two hundred thirteen, acts of the Legislature,
regular session, one thousand nine hundred sixty-seven, all
relating to reconstituting the membership of the Benedum
Airport Authority.
Be it enacted by the Legislature of West Virginia:
That section four, chapter thirty-one, acts of the
Legislature, regular session, one thousand nine hundred sixty, as
last amended and reenacted by chapter two hundred thirteen, acts of
the Legislature, regular session, one thousand nine hundred sixty-seven, be repealed; and that section three, chapter thirty-one,
acts of the Legislature, regular session, one thousand nine hundred
sixty, as last amended and reenacted by chapter two hundred
thirteen, acts of the Legislature, regular session, one thousand
nine hundred sixty-seven, be
amended and reenacted, all to read as
follows:
BENEDUM AIRPORT AUTHORITY.
§3. Members of authority.
(a) The management and control of the "Benedum Airport
Authority," its property, operations, business and affairs, shall
be lodged in a board of ten persons who shall be known as the
members of the authority and who shall be appointed for a term of
three years each, five members by the county court of Harrison
county, and five members by the county court of Marion county,
except that, as to the first board appointed, the term of one
member appointed by each county court shall expire on the first day
of March next ensuing, the term of another member appointed by each
county court shall expire on the first day of the following March,
and the term of the third original member appointed by each county
court shall expire on the first day of the next following March.
All members of the board except the members of the first board
shall be appointed for full three-year terms. As a member's term
expires, the county court which appointed such member shall appoint
a member for a full term of three years. A member may be
reappointed for such additional term or terms as the county court
appointing him may deem proper. If a member resigns, is removed or for any reason his membership terminates during his term of office,
a successor member to fill out the remainder of his term shall be
appointed by the county court which appointed him. Members in
office at the expiration of their respective terms shall continue
to serve until their successors have been appointed and have
qualified. The county court of the county appointing a member may
at any time for good cause, and upon a least five days' notice in
writing to such member, remove such member of the board of the
authority by an order duly entered of record in the record book of
such court and may appoint a successor member for any member so
removed. If any member objects to being so removed, he may, in
writing, demand a hearing, and the county court proposing to remove
him shall promptly thereafter, in its own county, hold a public
hearing thereon. After such public hearing, the county court
holding the hearing shall determine whether the member shall be
removed or shall be permitted to continue in office.
(b) On the thirtieth day of June, two thousand one, the terms
of each member of the board as constituted under the provisions of
subsection (a) of this section shall terminate. Thereafter, the
board of the authority shall be constituted pursuant to the
provisions of subsection (c) of this section and the provisions of
subsection (a) of this section shall be of no effect and superseded
in their entirety by the provisions of this subsection and
subsection (c) of this section.
(c)(1) Beginning the first day of July, two thousand one, and
thereafter, and notwithstanding any provision of subsection (a) of this section to the contrary, the management and control of the
"Benedum Airport Authority," its property, operations, business and
affairs, shall be lodged in a board of eleven persons who shall be
known as the members of the authority. The board shall consist of
seven appointed members and four ex officio members, all of whom
shall be voting members.
(2) The appointed members of the authority shall be appointed
and serve for terms as follows:
(A) One member of the county commission of Marion County,
appointed by the county commission of Marion County for a term of
year;
(B) One member who shall be a resident of Marion county
appointed by the county commission of Marion County for a term of
one year;
(C) One member of the county commission of Harrison County,
appointed by the county commission of Harrison County for a term of
one year;
(D) One member who shall be a resident of Harrison county
appointed by the county commission of Harrison County for a term of
one year;
(E) One member who shall be a member of and appointed by the
West Virginia Council for Community and Economic Development for a
term of one year; and
(F) Two members whose principal place of employment is in a
principal business location situate in Marion or Harrison counties
of a business within the airline industry appointed by the board of the Mid-Atlantic Aerospace Complex, each for a term of one year.
(3) The terms of the appointed members of the authority shall
commence on the first day of July and expire on the thirtieth day
of June of the following calendar year. All members of the
authority shall be appointed for a full one year term. As a
member's term expires, the entity that appointed the member shall
appoint a member for a full term of one year. A member may be
reappointed for such additional term or terms as the appointing
entity may deem proper. In the event of a vacancy, or if a member
resigns, is removed or for any reason his membership terminates
during his term of office, a successor member to fill out the
remainder of his or her term shall be appointed by the entity that
appointed the member. Members in office at the expiration of their
respective terms shall continue to serve until their successors
have been appointed and have qualified.
(4) Each appointed member serves at the will and pleasure of
the entity that appointed the member and may be removed at any
time, upon notice in writing, by the appointing entity.
(5) The ex officio members of the authority shall be as
follows:
(A) The secretary of the department of transportation or his
or her designee;
(B) The city manager of the municipality of Bridgeport;
(C) The president of Fairmont state college; and
(D) The executive director of the Mid-Atlantic Aerospace
Complex.