Senate Bill No. 582

(By Senators Plymale, Craigo, Facemyer, Redd, Bowman, Kessler, Fanning, Rowe, Chafin, Ross and McCabe)

____________

[Introduced February 13, 2002; referred to the Committee on Government Organization; and then to the Committee on Finance.]

____________



A BILL to establish the western West Virginia highway authority to include representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment of officers; and powers of authority.

Be it enacted by the Legislature of West Virginia:
WESTERN WEST VIRGINIA HIGHWAY AUTHORITY.
§1. Western West Virginia Highway Authority created; purposes.

There is hereby created a western West Virginia highway authority to promote and advance the construction of a modern highway through Cabell, Mason, Jackson, Putnam and Wayne counties and to coordinate with counties, municipalities, state and federal agencies, public nonprofit corporations, private corporations, associations, partnerships and individuals for the purpose of planning, assisting and establishing recreational, tourism, industrial, economic and community development of West Virginia route 2 and route 35 and other highways in those counties for the benefit of West Virginians. Route 2 and route 35 shall take priority in the work of the authority.
§2. Members; appointment; officers.

(a) The authority consists of ten voting members and three ex officio nonvoting members. All members shall be appointed before the first day of July, two thousand two.
(b) Each of the county commissions of the counties of Cabell, Mason, Jackson, Putnam and Wayne shall appoint two voting members to the authority. The terms of the voting members initially appointed by a county commission are as follows: One member shall be appointed for a term of two years and one member shall be appointed for a term of four years. All successive appointments shall be for a term of four years. Any voting member may be removed for cause by the appointing county commission.
(c) The three ex officio nonvoting members are the commissioner of highways or designee, the director of natural resources or designee and the executive director of the West Virginia development office or designee.
(d) Should a vacancy occur, the person appointed to fill the vacancy shall serve only for the unexpired portion thereof. All members are eligible for reappointment.
(e) The authority shall meet annually on the third Monday in July and at such other times designated by the authority in its bylaws. A special meeting may be called by the president, the secretary or any two members of the authority and may be held only after all members are given notice of the meeting in writing. Six voting members constitute a quorum for all meetings. At each annual meeting of the authority, it shall elect a president, vice president, secretary and treasurer. The authority shall adopt bylaws and rules as may be necessary for its operation and management.
§3. Powers.
The authority has all, but only those powers necessary, incidental, convenient and advisable for the following purposes:
(1) The promotion of economic development and tourism along West Virginia route 2 and route 35 and other highways in Cabell, Mason, Jackson, Putnam and Wayne counties;
(2) Advocating actions consistent with that plan or its provisions to or before any governmental entity or any private person or entity; and
(3) Otherwise acting in an advisory capacity with regard to any aspects of West Virginia route 2 and route 35 and other highways in those counties at the request of or without the request of any governmental entity or private person or entity.
The authority may not own any of the real estate or real property herein described for development and may not be responsible for operating or maintaining the highways described herein.
_________

(NOTE: The purpose of this bill is to create the western West Virginia highway authority, with representatives from Cabell, Mason, Jackson, Putnam and Wayne counties.)

_________


FINANCE COMMITTEE AMENDMENT

On page three, section two, line eleven, by striking out the words "The promotion of" and inserting in lieu thereof the word "Promoting".