WEST virginia legislature
2022 regular session
Committee Substitute
for
Senate Bill 643
By Senators Swope and Trump
[Originating in the Committee on Economic Development; reported on February 18, 2022]
A BILL to amend and reenact §8-29A-2 of the Code of West Virginia, 1931, as amended, relating to removing the residency requirement of some members appointed to a county airport authority.
Be it enacted by the Legislature of West Virginia:
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 lodged in a board of five persons who shall be known as Members of the Authority. The board shall constitute and be a public corporation under the name of "County Airport Authority" and as such shall have 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 At least a majority of
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 on July 1, next ensuing and the
term of the next member shall expire on July 1, two years thereafter, the term
of another member shall expire on July 1, three years thereafter and the term
of the remaining member shall expire on July 1, four years thereafter: Provided
further, That the county commissioner appointed to serve as a member of the
authority shall 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 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 may be
construed to prevent or make unlawful under this chapter or any other chapter
of the Code of West Virginia this code, 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 the power to may remove any member of the authority for
consistent violations of any provisions of this article, for reasonable cause
which shall include, but not be 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
member in writing, stating the reasons for the county commission desiring said
removal. Within 10 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 hearing shall be held within 10 days of the member's
request for said hearing.
If any member of the
authority shall die, resign, or be removed dies, resigns, or is
removed, or for any other reason cease ceases to be a member
of the authority, the county commission shall within 30 days appoint another
person to fill the unexpired portion of the term of such that
member.