ENGROSSED
H. B. 2856
(By Delegates Flanigan, Frederick, Kominar, H. White, Perdue,
Yeager and Wright)
[Introduced February 22, 1999; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to establish the King Coal Highway Authority; functions;
members; appointment; powers and duties; officers; bylaws;
rules; compensation; authority as corporate body; support,
maintenance and operation; and severability.
Be it enacted by the Legislature of West Virginia:
KING COAL HIGHWAY AUTHORITY.
§1. Highway authority created; functions.
There is hereby created a King Coal Highway Authority, to
promote and advance the construction of a modern highway through
McDowell, Mercer, Mingo, Wyoming and Wayne counties along
currently existing state route fifty-two 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 the King Coal Highway for
the benefit of West Virginians.
§2. Members; appointment; powers and duties generally; officers; bylaws; rules; compensation.
(a) The authority consists of fifteen voting members and
three ex officio nonvoting members. All members shall be
appointed before the first day of July, two thousand one.
(b) Each of the county commissions of the counties of
McDowell, Mercer, Mingo, Wyoming and Wayne shall appoint three
voting members to the commission. The terms of the voting
members initially appointed by a county commission are as
follows: One member from each county shall be appointed for a
term of one year and two members from each county shall be
appointed for a term of two 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. All terms of ex officio
nonvoting members are for four years.
(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) There shall be an annual meeting of the authority on the
third Monday in July in each year and a monthly meeting on a day
and at a time as the authority may designate 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. Five 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 and rules as may be necessary for its operation and
management. The authority has all, but only, those powers
necessary, incidental, convenient and advisable for the following
purposes:
(1) The preparation of a plan or plans for the King Coal
Highway;
(2) The promotion of economic development and tourism along
the King Coal Highway;
(3) Advocating actions consistent with that plan or its
provisions to or before any governmental entity or any private
person or entity; and
(4) Otherwise acting in an advisory capacity with regard to
any aspects of the King Coal Highway 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 King Coal Highway.
Each voting member of the authority shall be compensated
monthly by the governing bodies which appointed the members in an
amount to be fixed by the governing body.
§3. Body corporate.
The authority hereby created shall be a public corporation
and as such it may contract and be contracted with, sue and be
sued, plead and be impleaded and may have and use a corporate
seal.
§4. Support, maintenance and operation.
The county commissions of the counties of McDowell, Mercer,
Mingo and Wayne may provide for the support, maintenance and
operation of the King Coal Highway Authority and other related
activities under the jurisdiction of the authority hereby
created.
§5. Severability.
If any provision hereof is held invalid, such invalidity
shall not affect other provisions hereof which can be given
effect without the invalid provision, and to this end the
provisions of this article are declared to be severable.