H. B. 2854


(By Delegates Boggs, Stemple, Leggett and Border)
[Introduced March 28, 1997; referred to the
Committee on Government Organization.]




A BILL to establish the Little Kanawha River Parkway Authority; functions; members; appointment; powers and duties; officers; bylaws and rules; compensation and expenses; authority as corporate body; and severability.

Be it enacted by the Legislature of West Virginia:
WEST VIRGINIA LITTLE KANAWHA RIVER PARKWAY AUTHORITY.
§1. Highway authority created; functions.
Recognizing the contributions and improvements brought about by individuals and groups previously working toward this goal, there is hereby created the Little Kanawha River Parkway Authority, to promote and advance the construction of a modern highway through Wirt, Braxton, Gilmer, Calhoun and Wood counties, to be known as the Little Kanawha River Parkway Authority and to coordinate with 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 and the benefit of West Virginians.
§2. Members; appointment; powers and duties generally; officers; bylaws; rules; compensation.
(a) The authority consists of twenty-one voting members and three ex officio nonvoting members. All members shall be appointed before the first day of July, one thousand nine hundred ninety-seven.
(b) Each of the county commissions of the counties of Wirt, Gilmer, Calhoun, Braxton and Wood shall appoint three voting members to the 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 and two members shall be appointed for a term of two years. All successive appointments shall be for a term of four years. Any voting member may be removed for cause by the appointing county commission.
(c) The three ex officio nonvoting members are the commissioner of highways or designee, the director of natural resources or designee and the executive director of the West Virginia development office or designee. All terms of ex officio nonvoting members are for four years.
(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) There shall be an annual meeting of the authority on the third Monday in July in each year and regularly scheduled meetings at times designated by the authority in its bylaws. 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. Eleven voting members constitute a quorum for all meetings. At each annual meeting of the authority, it shall elect a president, vice president, secretary and treasurer. 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) The promotion of economic development and tourism along Little Kanawha River Parkway Authority;
(2) Advocating actions consistent with that plan or its provisions to or before any governmental entity or any private person or entity; and
(3) Otherwise acting in an advisory capacity with regard to any aspects of West Virginia routes between Burnsville and Elizabeth into Mineral Wells 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 and may not be responsible for operating or maintaining the highway.
Each voting member of the authority shall receive compensation and expense reimbursement from the governing body which appointed the member in an amount to be fixed by the governing body, not to exceed the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law, for each day or substantial portion thereof engaged in the performance of official duties.
§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. Severability.
If any provision hereof is held invalid, the invalidity may not affect other provisions hereof which can be given effect without the invalid provision, and to this end the provisions of this Aact are declared to be severable.

NOTE: The purpose of this bill is to create the Little Kanawha River Parkway Authority for the purpose of promoting economic development and tourism in the area between Burnsville and Elizabeth into Mineral Wells.

The provisions of this local bill are new; therefore, strike-throughs and underscoring have been omitted.