Senate Bill No. 18

(By Senators Jenkins, Rowe, Facemyer and Smith)

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[Introduced January 8, 2003; referred to the Committee on Transportation.]

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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 follows:
WEST VIRGINIA ROUTE 2 AND INTERSTATE 68 AUTHORITY.
§1. West Virginia Route 2 and Interstate 68 Authority created; purposes.
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 thousand three.
(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.
§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, 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 herein.

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 added.