Senate Bill No. 654
(By Senator Chafin)
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[Introduced February 23, 2004; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §8-29A-2 of the code of West Virginia,
1931, as amended, relating to allowing one member of a county
airport authority to be a citizen of 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 or 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. Members are required to be residents of the
county, except one member may be a citizen of a county contiguous
to the county in which the county airport authority is located,
regardless of state of residence. 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 and 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) The members of said the board shall may receive no
compensation for their services, but they shall be are entitled to
reimbursement for all reasonable and necessary expenses actually
incurred in the performance of their duties as members of said the
board. They shall 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 control as members of
said 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) 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 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.
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 one member of a
county airport authority to be 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.