COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 654
(By Senator Chafin)
____________
[Originating in the Committee on Government Organization;
reported March 1, 2004.]
____________
A BILL to amend and reenact §8-29A-2 of the code of West Virginia,
1931, as amended, relating to the authority of county
commissions to appoint members of county airport authorities;
and allowing one member to reside in a county contiguous to
the county in which the authority is located regardless of
state of residence.
Be it enacted by the Legislature of West Virginia:
That §8-29A-2 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 29A. COUNTY AIRPORT AUTHORITIES.
§8-29A-2. Appointment of members; powers and duties; compensation;
terms; removal; and replacement.
(a) The management and control of the county airport
authority, its property, operations, business and affairs shall be
is lodged in a board of five persons who shall be are known as
"Members of the Authority". The board shall constitute and be is
a public corporation under the name of " County Airport
Authority" and as such shall have has perpetual succession, may
contract and be contracted with, sue and be sued, plead and be
impleaded and have and use a common seal.
(b) All members shall be appointed by the county commission:
Provided, That one member of the authority shall be a member of the
county commission: Provided, however, That of the remaining four
members of the authority, no more than two shall be members of the
same political party: Provided further, That members are required
to be residents of the county, except one member may be a resident
of a county contiguous to the county in which the airport authority
is located, regardless of state of residence.
(c) Members shall be residents of the county and be appointed
for a term of five years, except that as to the first four
appointed to the first board appointed, the term of one member
shall expire expires on the first day of July next ensuing, the
term of the next member shall expire expires on the first day of
July two years thereafter, the term of another member shall expire
expires on the first day of July three years thereafter and the
term of the remaining member shall expire expires on the first day
of July four years thereafter. Provided further, That The county
commissioner appointed to serve as a member of the authority shall may not serve for a term as member of the authority which is longer
than the term of office as a member of the county commission.
(c) (d) The members of said board shall receive no
compensation for their services, but they shall be entitled to
reimbursement for all reasonable and necessary expenses actually
incurred in the performance of their
Members of the board are not
entitled to compensation for services performed as members
but may
be reimbursed for actual and necessary expenses incurred for each
day in which he or she is engaged in the discharge of
his or her
duties as members of said the board. They shall Each member may
not be personally interested, directly or indirectly, in any
contract entered into by said the board, or hold any remunerative
position in connection with the establishment, construction,
improvement, extension, development, maintenance or operation of
any of the property under their his or her control as members of
said a member of the board. Provided, That nothing herein shall be
construed to prevent or make Nothing in this section prevents or
makes unlawful, under this chapter or any other chapter of the code
of West Virginia, the appointment to the board of any person whose
only interest in any property under the control of the board is
that the person in a noncommercial manner leases hangar space,
purchases fuel or contracts for any other goods or service provided
by said the airport authority subject to the control and management
of the board.
(d) (e) The county commission shall have has the power to
remove any member of the authority for consistent violations of any provisions of this article, for reasonable cause which shall
include includes, but not be is not limited to, a continued failure
to attend meetings of the authority, failure to diligently pursue
the objectives for which the authority was created or failure to
perform any other duty prescribed by law or for any misconduct in
office. Provided, That If the county commission desires to remove
a member of the authority, it shall notify said the member in
writing, stating the reasons for the county commission desiring
said the removal. Within ten days of the receipt of the written
notice of removal by the member of the authority, the member may
request a hearing before the county commission and any such the
hearing shall be held within ten days of the member's request for
said the hearing.
(f) If any member of the authority shall die, resign or be
dies, resigns or is removed or for any other reason cease ceases to
be a member of the authority, the county commission shall, within
thirty days, appoint another person to fill the unexpired portion
of the term of such the member.
_______
(NOTE: The purpose of this bill is to allow a county
commission to appoint one member of a county airport authority who
is a citizen of a county contiguous to the county in which the
authority is located, regardless of state of residence.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)