Adopted by House 3-10-07
SB697 H JUD AM 3-8 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
That §7-12-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new article, designated §7-24-1, all to read as follows:
ARTICLE 12. COUNTY AND MUNICIPAL DEVELOPMENT AUTHORITIES.
§7-12-7. Powers generally.
(a) The development authority is hereby given power and
authority as follows: (1) To make and adopt all necessary bylaws
and rules for its organization and operations not inconsistent with
laws; (2) to elect its own officers, to appoint committees and to
employ and fix compensation for personnel necessary for its
operation; (3) to enter into contracts with any person, agency,
governmental department, firm or corporation, including both public
and private corporations, and generally to do any and all things
necessary or convenient for the purpose of promoting, developing
and advancing the business prosperity and economic welfare of the
county in which it is intended to operate, its citizens and
industrial complex, including, without limiting any of the
foregoing, the construction of any building or structure for lease
to the federal government or any of its agencies or departments, and in connection therewith to prepare and submit bids and
negotiate with the federal government or such agencies or
departments in accordance with plans and specifications and in the
manner and on the terms and conditions and subject to any
requirements, regulations, rules and laws of the United States of
America for the construction of said buildings or structures and
the leasing thereof to the federal government or such agencies or
departments; (4) to amend or supplement any contracts or leases or
to enter into new, additional or further contracts or leases upon
such terms and conditions, for such consideration and for such term
of duration, with or without option of renewal, as may be agreed
upon by the authority and such person, agency, governmental
department, firm or corporation; (5) unless otherwise provided for
in, and subject to the provisions of, such contracts, or leases, to
operate, repair, manage and maintain such buildings and structures
and provide adequate insurance of all types, and in connection with
the primary use thereof and incidental thereto to provide such
services, such as barber shops, newsstands, drugstores and
restaurants, and to effectuate such incidental purposes, grant
leases, permits, concessions or other authorizations to any person
or persons, upon such terms and conditions, for such consideration
and for such term of duration as may be agreed upon by the
authority and such person, agency, governmental department, firm or
corporation; (6) to delegate any authority given to it by law to
any of its officers, committees, agents or employees; (7) to apply
for, receive and use grants-in-aid, donations and contributions from any source or sources and to accept and use bequests, devises,
gifts and donations from any person, firm or corporation; (8) to
acquire real property by gift, purchase or construction, or in any
other lawful manner, and hold title thereto in its own name and to
sell, lease or otherwise dispose of all or part of such real
property which it may own, either by contract or at public auction,
upon the approval by the board of directors of the development
authority; (9) to purchase or otherwise acquire, own, hold, sell,
lease and dispose of all or part of any personal property which it
may own, either by contract or at public auction; (10) pursuant to
a determination by the board that there exists a continuing need
for programs to alleviate and prevent unemployment within the
county in which the authority is intended to operate or aid in the
rehabilitation of areas in said county which are underdeveloped,
decaying or otherwise economically depressed, and that moneys or
funds of the authority are necessary therefor, to borrow money and
execute and deliver the authority's negotiable notes, mortgage
bonds, other bonds, debentures and other evidences of indebtedness
therefor, on such terms as the authority shall determine, and give
such security therefor as shall be requisite, including giving a
mortgage or deed of trust on its real or personal property and
facilities in connection with the issuance of mortgage bonds; (11)
to raise funds by the issuance and sale of revenue bonds in the
manner provided by the applicable provisions of article sixteen,
chapter eight of this code, it being hereby expressly provided that
a development authority created under this article is a "governing body" within the definition of that term as used in said article
sixteen, chapter eight of this code; and (12) to expend its funds
in the execution of the powers and authority herein given, which
expenditures, by the means authorized herein, are hereby determined
and declared as a matter of legislative finding to be for a public
purpose and use, in the public interest, and for the general
welfare of the people of West Virginia, to alleviate and prevent
economic deterioration and to relieve the existing critical
condition of unemployment existing within the state.
(b) The amendment of this section enacted in the year one
thousand nine hundred ninety-eight is intended to clarify the
intent of the Legislature as to the manner in which an authority
may sell, lease or otherwise dispose of real and personal property
owned by an authority and shall be retroactive to the date of the
prior enactment of this section.
(c) Notwithstanding any provision of this code to the
contrary, any development authority participating in the
Appalachian Region Interstate Compact pursuant to chapter seven-a
of this code may agree to a revenue and economic growth-sharing
arrangement with respect to tax revenues and other income and
revenues generated by any facility owned by an authority. Any
development authority or member locality may be located in any
jurisdiction participating in the Appalachian Region Interstate
Compact or a similar agreement for interstate cooperation for
economic and workforce development authorized by law. The
obligations of the parties to any such agreement shall not be debt within the meaning of section eight, article X of the Constitution
of West Virginia. Any such agreement shall be approved by a
majority vote of the governing bodies of the member localities
reaching such an agreement but does not require any other approval.
(d)"Member localities" means the counties, municipalities or
combination thereof, which are members of an authority.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
§7-24-1. Appalachian Regional Interstate Compact; form of compact.
The Appalachian Region Interstate Compact (the compact) is
hereby created and entered into with all other jurisdictions
legally joining therein in the form substantially as follows:
Article I. Short title.
This act shall be known and may be cited as the Appalachian
Region Interstate Compact.
Article II. Compact established.
Pursuant to section ten, article I of the Constitution of the
United States, the signatories hereby provide a mechanism for the
creation of one or more authorities for the purpose of developing
one or more facilities to enhance the regional economy that shall
constitute instrumentalities of the signatories. For purposes of
this chapter, "Appalachian Region" means the areas included in
"region" as defined in §403 of the Appalachian Regional Development
Act of 1965, as amended (40 U. S. C. §14102 (a)(1)).
Article III. Agreement.
The State of West Virginia may enter into agreement with one or more signatory states and, upon adoption of this compact, agree
as follows:
1. To study, develop and promote a plan for the design,
construction, financing and operation of interstate facilities of
strategic interest to the signatory states;
2. To coordinate efforts to establish a common legal framework
in all the signatory states to authorize and facilitate design,
construction, financing and operation of such facilities either as
publicly operated facilities or through other structures authorized
by law;
3. To advocate for federal and other public and private
funding to support the establishment of interstate facilities of
interest to all signatory states;
4. To make available to such interstate facilities funding and
resources that are or may be appropriated and allocated for that
purpose; and
5. To do all things necessary or convenient to facilitate and
coordinate the economic and workforce development plans and
programs of the State of West Virginia and the other signatory
states to the extent such plans and programs are not inconsistent
with federal law and the laws of the State of West Virginia or
other signatory states.
Article IV. Compact commission established; membership; chairman;
meetings; and report.
Each signatory state to the compact shall establish a compact commission. In West Virginia, the Appalachian Region Interstate
Compact Commission (the commission) shall be established as a
regional instrumentality and agency of the State of West Virginia
and the signatory states. The compact commissions of the signatory
states shall be empowered to carry out the purposes of their
respective compacts.
The Appalachian Region Interstate Compact Commission shall
consist of six members from each of the other signatory states to
be appointed pursuant to the laws of the signatory states and six
members of the West Virginia delegation to the commission to be
appointed as follows: Three members to be appointed by the
President of the Senate and three members to be appointed by the
Speaker of the House of Delegates. Members of the West Virginia
delegation to the compact commission shall serve terms coincident
with their terms of office if an elected state or local
representative, and may be reappointed. Members who are not
elected officials shall serve a term of four years and may be
reappointed. The chairman of the commission shall be elected by
the members of the commission from among its membership. The
chairman shall serve for a term of two years and the chairmanship
shall rotate among the signatory states.
The commission shall meet not less than twice annually;
however, the commission shall not meet more than once consecutively
in the same state.
Article V. Powers and duties of the commission.
The commission is vested with the powers of a body corporate, including the power to sue and be sued in its own name, plead and
be impleaded and adopt and use a common seal and alter the same as
may be deemed expedient. In addition to the powers set forth
elsewhere in this chapter, the commission may:
1. Adopt bylaws, rules and regulations to carry out the
provisions of this chapter;
2. Employ, either as regular employees or as independent
contractors, consultants, engineers, architects, accountants,
attorneys, financial experts, construction experts and personnel,
superintendents, managers and other professional personnel,
personnel and agents as may be necessary in the judgment of the
commission and fix their compensation;
3. Determine the locations of, develop, establish, construct,
erect, repair, remodel, add to, extend, improve, equip, operate,
regulate and maintain facilities to the extent necessary or
convenient to accomplish the purposes of the compact;
4. Acquire, own, hold, lease, use, sell, encumber, transfer,
or dispose of, in its own name, any real or personal property or
interests therein;
5. Invest and reinvest funds of the commission;
6. Enter into contracts of any kind and execute all
instruments necessary or convenient with respect to its carrying
out the powers in this chapter to accomplish the purposes of the
compact;
7. Expend such funds as may be available to it for the purpose
of developing facilities, including, but not limited to: (i) Purchasing real estate; (ii) grading sites; (iii) improving,
replacing and extending water, sewer, natural gas, electrical and
other utility lines; (iv) constructing, rehabilitating and
expanding buildings; (v) constructing parking facilities; (vi)
constructing access roads, streets and rail lines; (vii) purchasing
or leasing machinery and tools; and (viii) making any other
improvements deemed necessary by the commission to meet its
objectives;
8. Fix and revise, from time to time, and charge and collect
rates, rents, fees or other charges for the use of facilities or
for services rendered in connection with the facilities in
accordance with applicable state and federal laws and as approved
by the commission;
9. Borrow money from any source for any valid purpose,
including working capital for its operations, reserve funds or
interest; mortgage, pledge or otherwise encumber the property or
funds of the commission; and contract with or engage the services
of any person in connection with any financing, including financial
institutions, issuers of letters of credit or insurers;
10. Issue bonds the principal and interest on which are
payable exclusively from the revenues and receipts of a specific
facility in accordance with applicable laws;
11. Accept funds and property from the state and other
signatory jurisdictions, persons, counties, cities and towns and
use the same for any of the purposes for which the commission is
created;
12. Apply for and accept grants or loans of money or other
property from any federal agency for any of the purposes authorized
in this chapter and expend or use the same in accordance with the
directions and requirements attached thereto or imposed thereon by
any such federal agency;
13. Make loans or grants to, and enter into cooperative
arrangements with, any person, partnership, association,
corporation, business or governmental entity in furtherance of the
purposes of this chapter for the purposes of promoting economic and
workforce development, provided that such loans or grants shall be
made only from revenues of the commission that have not been
pledged or assigned for the payment of any of the commission's
bonds, and to enter into such contracts, instruments, and
agreements as may be expedient to provide for such loans, and any
security therefor. The word "revenues" as used in this subdivision
includes grants, loans, funds and property, as set out in
subdivisions (11) and (12) of this article;
14. Enter into agreements with political subdivisions of the
state for joint or cooperative action;
15. Exercise any additional powers granted to it by subsequent
legislation; and
16. Do all things necessary or convenient to carry out the
purposes of this chapter.
Article VI. Funding and compensation.
The commission may utilize for its operation and expenses: (i)
Funds that may be generated by borrowing, gifts and grants; (ii) funds appropriated to it for such purposes by the West Virginia
Legislature and the legislatures of the other signatory states,
(iii) federal funds; and (iv) revenues collected for the use of any
facility approved by the commission.
Members of the West Virginia delegation to the commission
shall not receive compensation but shall be reimbursed for
reasonable and necessary expenses incurred in the performance of
their duties to the commission. All such expenses shall be paid
from existing appropriations, gifts, grants, federal funds, or
other revenues collected for the use of any facility approved by
the commission. Members of the commission representing other
signatory states shall receive compensation and reimbursement of
expenses incurred in the performance of their duties to the
commission in accordance with the applicable laws of the respective
signatory states.
The provisions of this act shall become effective upon the
enactment of the Appalachian Region Interstate Compact as
authorized by this article and upon the enactment of this compact
by at least one other state in accordance with its terms and
federal law.