Senate Bill No. 155
(By Senators Plymale, Jenkins, Facemyer, Smith and Rowe)
[Originating in the Committee on Finance;
reported February 17, 2003.]
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
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
(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