COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 654
(By Senators Chafin and Plymale)
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[Originating in the Committee on Natural Resources;
reported February 22, 2007.]
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A BILL to amend and reenact §20-14-3 of the Code of West Virginia,
1931, as amended, relating to reconstituting the governing
board of the Hatfield-McCoy Regional Recreation Authority.
Be it enacted by the Legislature of West Virginia:
That §20-14-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 14. HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY.
§20-14-3. Creation; appointment of board; terms.
(a)
There is hereby created The Hatfield-McCoy Regional
Recreation Authority
which is
continued in conformance with the
provisions of this section as a public corporation and a government
instrumentality existing for the purpose of enabling and
facilitating the development and operation of a system of trail-
oriented recreation facilities for use by off-highway vehicle
enthusiasts, equestrians, mountain bicyclists and others. This recreational trail system
shall be is located in southern West
Virginia with significant portions of the recreational trail system
being located on private property made available for use through
lease, license, easement or other appropriate legal form by a
willing landowner.
(b) The authority shall be governed by a board
of at least
seventeen members who shall be representative of the various
interests involved in the Hatfield-McCoy Regional Recreation Area
project in the southern region of the state.
and who shall be
appointed as follows:
(1) The county commission of each participating county, as
defined in section two of this article, shall appoint two members
of the board as follows:
(c) The board consisting of at least seventeen members
existing on the first day of January, two thousand seven, shall
terminate on the thirtieth day of June, two thousand seven.
(d) Effective the first day of July, two thousand seven, a
board is hereby created consisting of the following three nonvoting
and seven voting members:
(1) The nonvoting members are:
(A) The Director of the Division of Tourism or a designee;
(B) The Director of the Division of Natural Resources or a
designee; and
(C) The Director of the Division of Forestry or a designee;
(2) The voting members, appointed by the Governor by and with
the advice and consent of the Senate, are:
(A)
One member who represents and is Four members who
represent and are associated with a corporation or individual
landowner whose land is being used or is expected to be used in the
future as part of the Hatfield-McCoy Regional Recreation Area
Project.
This member shall be appointed to a four-year term. Two
members will serve an initial term of four years and two members
will serve an initial term of three years;
(B)
One member who represents and is Two members who represent
and are associated with travel and tourism or economic development
efforts
within the county. The for an initial
appointment shall be
for a two-year term, but all subsequent appointments shall be for
a four-year term. term of two years; and
(2) (C) The members of the board appointed
under paragraphs
(A) and (B) of this subdivision
(1) subsection (b) of this section
by the county commissions shall appoint
three one additional board
members member, at least two of whom represent and are who
represents and is associated with recreational users of the
Hatfield-McCoy Regional Recreation Area Project
These members shall
serve three-year terms for an initial term of one year.
(3) The following three persons shall serve as nonvoting
members representing the state: The Director of the Division of
Travel and Tourism, the Director of the Division of Natural
Resources, and the Director of the Division of Forestry, or their
respective designees.
(e) After the initial appointment, the terms shall be for four
years. No member may serve more than two consecutive terms. A member serving on the board on the first day of January, two
thousand seven, is eligible for appointment.
(f) Any appointed member whose term has expired shall serve
until his or her successor has been duly appointed and qualified.
Any person appointed to fill a vacancy shall serve only for the
unexpired term.
Any appointed member is eligible for
reappointment.
(g) Members of the board are not entitled to compensation for
services performed as members but are entitled to reimbursement for
all reasonable and necessary expenses actually incurred in the
performance of their duties.
(c) Before the authority issues any revenue bonds or revenue
refunding bonds under the authority of this article,
(h) Each appointed voting member of the board shall execute a
surety bond in the penal sum of twenty-five thousand dollars and
the officers and executive director of the board shall each execute
a surety bond in the penal sum of fifty thousand dollars. Each
surety bond shall be conditioned upon the faithful performance of
the duties of the member, officer or director, shall be executed by
a surety company authorized to transact business in this state as
surety and shall be approved by the Governor and filed in the
office of the Secretary of State. The authority shall pay premiums
on the surety bonds from funds accruing to the authority.
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