Senate Bill No. 219

(By Senators Whitlow, Chafin, Wagner, Anderson,


Bailey and Wooton)

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[Introduced January 31, 1995; referred to the Committee
on Transportation; and then to the Committee on Finance.]
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A BILL to establish the coal heritage parkway authority; provide for its functions, appointment of members; granting the authority certain powers and duties; providing for the election of officers; providing for bylaws; compensation of voting members; prescribing its authority as corporate body; and providing for support, maintenance and operation of the authority.

Be it enacted by the Legislature of West Virginia:
COAL HERITAGE PARKWAY AUTHORITY.
§1. Parkway authority created; functions.
There is hereby created a Coal Heritage Parkway Authority, to plan, promote and advance tourism and related development activities along the major highways in the counties of McDowell, Mercer, Raleigh and Wyoming and to coordinate with other counties, municipalities, state and federal agencies, public nonprofit corporations, private corporations, associations, partnerships and individuals for the purpose of planning, assisting and establishing recreational, tourism, industrial, economic and community development along the major highways of these counties for the benefit of West Virginians.
§2. Members; appointment; powers and duties generally; officers;

bylaws; rules; compensation.

(a) The authority consists of thirteen voting members and three ex officio nonvoting members. All members shall be appointed before the first day of July, one thousand nine hundred ninety-five.
(b) Each of the county commissions of the counties of McDowell, Mercer, Raleigh and Wyoming shall appoint three voting members to the commission, one of whom shall be a member of the county commission. The terms of the voting members initially appointed by a county commission are as follows: One member shall be appointed for a term of one year, one member shall be appointed for a term of two years and one member shall be appointed for a term of three years. All successive appointments shall be for a term of three years. One member of the authority shall be appointed by the governor to serve at the will and pleasure of the governor. The member appointed by the governor shall be a resident of McDowell, Mercer, Raleigh or Wyoming counties. Any voting member appointed by a county commission may be removed for cause by the appointing county commission.
(c) The three ex officio nonvoting members are the director of the Appalachian Center for Tourism at Concord College, Athens, West Virginia, the general manager or designee of the Parkways Economic Development and Tourism Authority and the commissioner of the Division of Culture and History or designee.
(d) Should a vacancy occur, the person appointed to fill the vacancy shall serve only for the unexpired portion thereof. All members are eligible for reappointment.
(e) The authority shall meet on the first Monday in July in each year and bimonthly on a day and at a time as the authority may designate in its bylaws in each of the counties on a rotating basis. Members of the authority shall annually elect a president, vice president, secretary and treasurer to conduct meetings and manage the business of the authority. A special meeting may be called by the president, the secretary or any two members of the authority and may be held only after all members are given notice of the meeting in writing. Seven voting members constitute a quorum for all meetings. The authority shall adopt bylaws and rules as may be necessary for its operation and management. The authority has all, but only, those powers necessary, incidental, convenient and advisable for the following purposes:
(1) Preparing a plan or plans for the Coal Heritage Parkway Authority;
(2) Promoting, advancing and supporting tourism along the major highways of the counties of McDowell, Mercer, Raleigh and Wyoming;
(3) Advocating actions consistent with the tourism promotion plan or its provisions to or before any governmental entity or any private person or entity; and
(4) Otherwise acting in an advisory capacity with regard to any aspects of tourism along the major highways in the counties of McDowell, Mercer, Raleigh and Wyoming at the request of or without the request of any governmental entity or private person or entity.
The authority may not own any of the real estate or real property herein described for development.
Each voting member of the authority shall be compensated monthly by the governing bodies which appointed the members in an amount to be fixed by the governing body.
§3. Body corporate.
The authority hereby created shall be a public corporation and as such it may contract and be contracted with, sue and be sued, plead and be impleaded and may have and use a corporate seal.
§4. Support, maintenance and operation.
The county commissions of the counties of McDowell, Mercer, Raleigh and Wyoming may provide for the support, maintenance and operation of the Coal Heritage Parkway Authority and other related activities under the jurisdiction of the authority hereby created.





NOTE: The purpose of this local bill is to establish the Coal Heritage Parkway Authority in the counties of McDowell, Mercer, Raleigh and Wyoming for the purpose of promoting and enhancing tourism and related development along the major highways of these counties.

This local bill is new; therefore, strike-throughs and underscoring have been omitted.