ENROLLED
H. B. 2791
(By Delegates Michael, Mezzatesta, Martin and Proudfoot)
[Passed March 13, 1999; in effect ninety days from passage.]
AN ACT to amend and reenact section four, article eighteen,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the authority and organization of the state rail authority.
Be it enacted by the Legislature of West Virginia:
That section four, article eighteen, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 18. WEST VIRGINIA STATE RAIL AUTHORITY.
§29-18-4. West Virginia state rail authority continued;
organization of authority; appointment of members;
term of office, compensation and expenses;
director of authority; termination date.
The West Virginia railroad maintenance authority, heretofore
created, is hereby continued and redesignated the West Virginia
state rail authority. References in this code to the West
Virginia railroad maintenance authority shall be understood and taken to mean the West Virginia state rail authority. Nothing in
this article is intended to invalidate any action or obligation
of the West Virginia railroad maintenance authority undertaken
prior to the effective date of this article. The authority is a
governmental instrumentality of the state and a body corporate.
The exercise by the authority of the powers conferred by this
article and the carrying out of its purposes and duties shall be
deemed and held to be, and are hereby determined to be, essential
governmental functions and for a public purpose.
The authority shall consist of seven members. The secretary
of the department of transportation shall be chairman: Provided,
That the secretary may appoint a designee to act in his or her
stead at meetings of the authority. The other six members shall
be appointed by the governor, by and with the advice and consent
of the Senate, for a term of six years. Of the members of the
authority first appointed, two shall be appointed for a term
ending on the thirtieth day of June, one thousand nine hundred
seventy-seven, two shall be appointed for a term ending two years
thereafter and two shall be appointed for a term ending four
years thereafter. A person appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessor was
appointed shall be appointed only for the remainder of such term.
Each authority member shall serve until the appointment and
qualification of his successor. No more than three of the
appointed authority members shall at any one time belong to the same political party. Appointed authority members may be
reappointed to serve additional terms.
All members of the authority shall be citizens of the state.
Each appointed member of the board, before entering upon his
duties, shall comply with the requirements of article one,
chapter six of this code and give bond in the sum of twenty-five
thousand dollars in the manner provided in article two, chapter
six of this code. The governor may remove any authority member
as provided in section four, article six, chapter six of this
code.
Annually the authority shall elect one of its members as
vice chairman, and shall appoint a secretary-treasurer, who need
not be a member of the authority. Four members of the authority
shall constitute a quorum and the affirmative vote of four
members shall be necessary for any action taken by vote of the
authority. No vacancy in the membership of the authority shall
impair the rights of a quorum by such vote to exercise all the
rights and perform all the duties of the authority. The person
appointed as secretary-treasurer, including an authority member
if he is so appointed, shall give bond in the sum of fifty
thousand dollars in the manner provided in article two, chapter
six of this code.
The secretary of the department of transportation shall not
receive any compensation for serving as the authority chairman.
Each of the six appointed members of the authority shall receive the same compensation and expense reimbursement as is paid to
members of the Legislature for their interim duties as
recommended by the citizens legislative compensation commission
and authorized by law for each day or substantial portion thereof
engaged in the discharge of official duties. All such
compensation and expenses incurred shall be payable solely from
funds of the authority or from funds appropriated for such
purpose by the Legislature and no liability or obligation shall
be incurred by the authority beyond the extent to which moneys
are available from funds of the authority or from such
appropriations.
There shall also be a director of the authority appointed by
the authority, with the consent of the secretary.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia state rail authority shall continue
to exist until the first day of July, two thousand.