COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 155

(By Senators Plymale, Jenkins, Facemyer, Smith and Rowe)

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[Originating in the Committee on Finance;

reported February 17, 2003.]

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A BILL to establish the western West Virginia highway authority to include representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment and terms of members; meetings of authority; 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, Route 35, Route 52 and Route 10 and other highways in those counties for the benefit of West Virginians. The authority shall make Route 2, Route 35, Route 52 and Route 10 its priority.
§2. Members; appointment; officers.

(a) The authority shall consist of ten voting members and three ex officio nonvoting members. All members shall be appointed before the first day of July, two thousand three.
(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 his or her designee, the director of natural resources or his or her designee and the executive director of the West Virginia development office or his or her designee.
(d) If a vacancy occurs, the person appointed to fill the vacancy shall serve only for the unexpired portion of the term. All members are eligible for reappointment.
(e) The authority shall meet annually on the third Monday in July and at 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, the members shall elect a president, vice president, secretary and treasurer. The authority shall adopt bylaws and rules that are necessary for its operation and management.
§3. Powers.
(a) The authority has all but only those powers necessary, incidental, convenient and advisable for the following purposes:
(1) Promoting economic development and tourism along West Virginia Route 2, Route 35, Route 52 and Route 10 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, Route 35, Route 52 and Route 10 and other highways in those counties at the request of or without the request of any governmental entity or private person or entity.
(b) The authority may not own any of the real estate or real property described in this article for development and may not be responsible for operating or maintaining the highways described in this article.
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(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.)