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SB259 SUB1 Senate Bill 259 History

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Key: Green = existing Code. Red = new code to be enacted

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 259

(By Senators Kessler and Chafin)

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[Originating in the Committee on the Judiciary;

reported February 24, 2009.]

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A BILL to amend and reenact §29-26-1 of the Code of West Virginia, 1931, as amended, relating to updating language within the West Virginia Courthouse Facilities Improvement Authority.

Be it enacted by the Legislature of West Virginia:
That §29-26-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 26. WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY.

§29-26-1. West Virginia Courthouse Facilities Improvement Authority created; membership.

(a) The West Virginia Courthouse Facilities Improvement Authority is hereby created.
(b) The authority is to consist of twelve voting members, including:
(1) The president of the West Virginia Sheriffs' Association or another member of the association designated to attend in lieu of the president;
(2) One sheriff to be appointed by the president of the West Virginia Sheriffs' Association: Provided, That the sheriff who is appointed may not be from the same congressional district as the president;
(3) The president of the West Virginia Prosecuting Attorneys' Association or another member of the association designated to attend in lieu of the president;
(4) One prosecuting attorney to be appointed by the president of the West Virginia Prosecuting Attorneys' Association: Provided, That the prosecuting attorney who is appointed may not be from the same congressional district as the president;
(5) The president of the West Virginia county and circuit clerks'association, County Clerks' Association or another member of the association designated to attend in lieu of the president;
(6) The vice president of the West Virginia county and circuit clerks'association, Association of Circuit Clerks or another member of the association designated to attend in lieu of the vice president;
(7) One county clerk to be appointed by the president of the West Virginia county and circuit clerks' association County Clerks' Association: Provided, That the county clerk who is appointed may not be from the same congressional district as the president; or vice president
(8) One circuit clerk to be appointed by the president of the West Virginia county and circuit clerks' association Association of Circuit Clerks: Provided, That the circuit clerk who is appointed may not be from the same congressional district as the president; or vice president
(9) The president of the West Virginia County Commissioners' Association or another member of the association designated to attend in lieu of the president;
(10) One county commissioner to be appointed by the president of the West Virginia County Commissioners' Association: Provided, That the county commissioner who is appointed may not be from the same congressional district as the president;
(11) The president of the West Virginia Assessors' Association or another member of the association designated to attend in lieu of the president; and
(12) One assessor to be appointed by the president of the West Virginia Assessors' Association: Provided, That the assessor who is appointed may not be from the same congressional district as the president.
(c) The authority is to consist of eight advisory members, including:
(1) The president of the West Virginia Judicial Association or another member of the association designated to attend in lieu of the president;
(2) One circuit judge to be appointed by the West Virginia Judicial Association: Provided, That the circuit judge who is appointed may not be from the same congressional district as the president;
(3) The president of the West Virginia Magistrates' Association or another member of the association designated to attend in lieu of the president;
(4) One magistrate to be appointed by the West Virginia Magistrates' Association: Provided, That the magistrate who is appointed may not be from the same congressional district as the president;
(5) The president of the West Virginia family law masters' Family Judicial Association or another member of the association designated to attend in lieu of the president;
(6) One family law master court judge to be appointed by the West Virginia family law masters'association Family Judicial Association: Provided, That the family law master court judge who is appointed may not be from the same congressional district as the president;
(7) One member of the West Virginia Senate to be appointed by the President of the Senate; and
(8) One member of the West Virginia House of Delegates to be appointed by the Speaker of the House of Delegates.
(d) The advisory members of the authority are nonvoting, ex officio members.
(e) The appointments are to be made as soon as possible after the effective date of this article. The terms of appointments are for four-year terms.
(f) The authority shall annually elect one of its members as chair and shall appoint a secretary, who need not be a member of the authority and who shall keep records of its proceedings.
(g) The authority shall meet at least once every ninety days to review applications requesting funding assistance and otherwise to conduct its business and may meet more frequently if necessary.
(h) Seven members of the authority constitute a quorum and the affirmative vote of at least a majority of those members present is necessary for any action taken by vote of the authority. No vacancy in the membership of the authority impairs the rights of a quorum by such vote to exercise all the rights and perform all the duties of the authority.
(i) Members of the authority shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of their official duties from funds appropriated or otherwise made available to the authority for the purpose of reimbursement upon submission of an itemized statement.
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(NOTE: The purpose of this bill is to update language within the West Virginia Courthouse Facilities Improvement Authority.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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