H. B. 2405
(By Delegates Craig and Morgan)
[Introduced January 20, 2003; referred to the
Committee on Government Organization.]
A BILL to amend and reenact sections one, two and three, chapter
two hundred thirty-two, acts of the Legislature, regular
session, one thousand nine hundred ninety-seven, all relating
to expanding the counties covered by West Virginia Route 2 and
Interstate 68 authority to include Cabell, Mason and Jackson
and increasing the number of members.
Be it enacted by the Legislature of West Virginia:
That sections one, two and three, chapter two hundred
thirty-two, acts of the Legislature, regular session, one thousand
nine hundred ninety-seven, be amended and reenacted, all to read as
WEST VIRGINIA ROUTE 2 AND INTERSTATE 68 AUTHORITY.
§1. West Virginia Route 2 and Interstate 68 Authority created;
There is hereby created a West Virginia Route 2 and Interstate 68 Authority, to promote and advance the construction of a modern
highway through Cabell, Mason, Jackson, Wood, Pleasants, Tyler,
Wetzel, Marshall, Ohio, Brooke, Hancock, Marion and Monongalia
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, between Huntington, Parkersburg and Chester and
Interstate 68, between Moundsville and Morgantown for the benefit
of West Virginians.
§2. Members; appointment; officers.
(a) The authority consists of
twenty twenty-six voting members
and three ex officio nonvoting members. All members shall be
appointed before the first day of July, one thousand nine hundred
ninety-seven, except that the members from Cabell, Mason and
Jackson shall be appointed before the first day of July, two
(b) Each of the county commissions of the counties of Cabell,
Mason, Jackson, Wood, Pleasants, Tyler, Wetzel, Marshall, Ohio,
Brooke, Hancock, Marion and Monongalia 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.
Eleven Fourteen 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, rules as may be necessary for its
operation and management.
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, between Huntington, Parkersburg and Chester,
and Interstate 68, between Moundsville and Morgantown;
(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, between Huntington,
Parkersburg and Chester, and Interstate 68, between Moundsville and
Morgantown, 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
NOTE: The purpose of this bill is to increase the number of
members on the WV Route 2 and Interstate 68 authority from twenty
to twenty-six and expand the authority's territory to include
Cabell, Mason and Jackson.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates language that would be