WEST virginia Legislature
2017 regular session
Senate Bill 172
By Senator Blair
8, 2017; referred
to the Committee on Government Organization]
A BILL to amend and reenact §22C-1-4 of the Code of West Virginia, 1931, as amended, relating to the Water Development Authority; and eliminating the salary for board members.
Be it enacted by the Legislature of West Virginia:
That §22C-1-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. WATER DEVELOPMENT AUTHORITY.
§22C-1-4. Water Development Authority; Water Development Board; organization of authority and board; appointment of board members; their term of office, compensation and expenses; director of authority; compensation.
(a) The Water Development Authority is continued. The authority is a governmental instrumentality of the state and a body corporate. The exercise by the authority of the powers conferred by this article and the carrying out of its purposes and duties are essential governmental functions and for a public purpose.
(b) The authority is controlled, managed and operated by a seven-member board known as the Water Development Board. The Governor or designee, the Secretary of the Department of Environmental Protection or designee and the Commissioner of the Bureau for Public Health or designee are members ex officio of the board. Four members are appointed by the Governor, by and with the advice and consent of the Senate, for six-year terms, which are staggered in accordance with the initial appointments under prior enactment of this section. In the event of a vacancy, appointments are filled in the same manner as the original appointment for the remainder of the unexpired term. A member continues to serve until the appointment and qualification of the successor. More than two appointed board members may not at any one time belong to the same political party. Appointed board members may be reappointed to serve additional terms.
(c) All members of the board shall be citizens of the state. Each appointed member of the board, before entering upon his or her duties, shall comply with the requirements of article one, chapter six of this code and give bond in the sum of $25,000 in the manner provided in article two of said chapter. The Governor may remove any board member for cause as provided in article six of said chapter.
(d) The Governor or designee serves as chair. The board annually elects one of its appointed members as vice chair and appoints a secretary-treasurer, who need not be a member of the board. Four members of the board is a quorum and the affirmative vote of four members is necessary for any action taken by vote of the board. A vacancy in the membership of the board does not impair the rights of a quorum by such vote to exercise all the rights and perform all the duties of the board and the authority. The person appointed as secretary-treasurer, including a board member if so appointed, shall give bond in the sum of $50,000 in the manner provided in article two, chapter six of this code.
(e) The Governor or
designee, the Secretary of the Department of Environmental Protection and the
Commissioner of the Bureau for Public Health do not receive compensation for
serving as board members. Each appointed member receives an annual salary of
$12,000, payable in monthly installments: Provided, That
effective July 1, 2017, appointed members may not receive an annual salary or
any compensation beyond reimbursement for reasonable and necessary expenses
allowed by this section. Each of the seven board members
be reimbursed for all reasonable and necessary expenses actually incurred
in the performance of duties as a member of the board in a manner consistent
with guidelines of the travel management office of the Department of
Administration. All expenses incurred by the board are payable solely from
funds of the authority or from funds appropriated for that purpose by the
Legislature. Liability or obligation is not incurred by the authority beyond
the extent to which moneys are available from funds of the authority or from
(f) There is a director of the authority appointed by the Governor, with the advice and consent of the Senate, who serves at the Governor’s will and pleasure. The director is responsible for managing and administering the daily functions of the authority and for performing other functions necessary to the effective operation of the authority. The compensation of the director is fixed annually by the board.
NOTE: The purpose of this bill is to eliminate the salary for members of the West Virginia Water Development Board.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.