H. B. 4099
(By Delegates Douglas, Kuhn, Brown, Butcher, Flanigan, Leggett,
and Border)
[Originating in the Committee on Government Organization]
[Introduced January 18, 2002]
A BILL to amend and reenact section two, article five, chapter ten
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to further amend said article by
adding thereto a new section, designated section six, all
relating to continuing the West Virginia educational
broadcasting authority.
Be it enacted by the Legislature of West Virginia:
That section two, article five, chapter ten of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that said article be further amended by
adding thereto a new section, designated section six, to read as
follows:
ARTICLE 5. EDUCATIONAL BROADCASTING AUTHORITY.
§10-5-2. West Virginia educational broadcasting authority;
members; organization; officers; employees; meetings;
expenses.
termination date.
The West Virginia educational broadcasting authority,
heretofore created, is hereby continued as a public benefit
corporation. It shall consist of eleven voting members, who shall
be residents of the state, of whom one shall be the state
superintendent of schools, one shall be a member of the West
Virginia board of education to be selected by it annually, one
shall be a member of the university of West Virginia board of
trustees to be selected by it annually, and one shall be a member
of the board of directors of the state college system to be
selected by it annually. The other seven members shall be
appointed by the governor by and with the advice and consent of the
Senate for overlapping terms of seven years, one term expiring each
year, except that the appointment to fill the membership position
for the term expiring in the year one thousand nine hundred
eighty-three, shall be for a term of six years. Not less than one
appointive member shall come from each congressional district.
Employees of noncommercial broadcasting stations in West Virginia
are not eligible for appointment to the authority. The present
members of the authority shall continue to serve out the terms to which they were appointed. Any vacancy among the appointive
members shall be filled by the governor by appointment for the
unexpired term.
The chairperson and vice chairperson of the authority as of
the effective date of this section shall continue in their
respective offices until their successors are elected. Thereafter,
at its annual meeting in each year the authority shall elect one of
its members as chairperson and one as vice chairperson. The
authority is authorized to select an executive director and such
other personnel as may be necessary to perform its duties and to
fix the compensation of such personnel to be paid out of moneys
appropriated for this purpose. The executive director shall keep
a record of the proceedings of the authority and shall perform such
other duties as it may prescribe. The authority is authorized to
establish such office or offices as may be necessary for the proper
performance of its duties.
The authority shall hold an annual meeting and may meet at
such other times and places as may be necessary, such meetings to
be held upon its own resolution or at the call of the chairperson
of the authority. The members shall serve without compensation but
may be reimbursed for actual expenses incident to the performance
of their duties upon presentation to the chairperson of an itemized sworn statement thereof.
Pursuant to the provisions of article ten, chapter four of
this code, the educational broadcasting authority shall continue to
exist until the first day of July, two thousand.
§10-5-6
. Continuation of educational broadcasting authority.
The West Virginia educational broadcasting authority shall
continue to exist until the first day of July, two thousand five,
pursuant to the provisions of article ten, chapter four of this
code, unless sooner terminated, continued or reestablished pursuant
to the provisions of that article.
NOTE: The purpose of this bill is to continue the West
Virginia Educational Broadcasting Authority until July 1, 2005,
pursuant to the West Virginia Sunset Law. This bill is recommended
by the Joint Committee on Government Operations for passage during
the 2002 Regular Session of the Legislature.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates language that would be
added. Section six is new; therefore underscoring has been omitted.
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