Senate Bill No. 172
(By Senator Chafin, Walker, Fanning, Craigo and Mitchell)
[Introduced January 21, 2000; referred to the Committee
on Government Organization.]
A BILL to amend and reenact section four, article twenty, chapter
thirty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
West Virginia regional jail and correctional facility
authority board to appoint an executive director; and
providing term of five years.
Be it enacted by the Legislature of West Virginia:
That section four, article twenty, chapter thirty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
§31-20-4. Governing body; organization and meetings; quorum;
The governing body of the authority shall consist of the
voting members of the board as provided for in section three of
this article and shall exercise all the powers given to the
authority in this article. On the second Monday of July of each
odd-numbered year, the board shall meet to elect a chairman and a
secretary from among its own members. The secretary of the
department of administration or his or her designated
representative shall serve as treasurer of the board. The board
shall otherwise meet quarterly, unless a special meeting is called
by its chairman.
A majority of the members of the board constitute a quorum,
and a quorum must be present for the board to conduct business.
Unless the bylaws require a larger number, action may be taken by
majority vote of the members present.
The board shall prescribe, amend and repeal bylaws and rules
governing the manner in which the business of the authority is
conducted and shall review and approve the budget prepared by the
executive director annually.
On or before the first day of April, two thousand, the
governor West Virginia regional and correctional facility authority
board shall, with the advice and consent of the Senate, appoint an
executive director to act as its chief executive officer, to serve
at the will and pleasure of the governor board. The appointment
shall be for a term of five years to begin on the first day of
April, two thousand. The executive director is empowered to employ
any other personnel he or she determines necessary and may appoint
counsel and legal staff for the authority and retain such temporary
engineering, financial and other consultants or technicians as may
be required for any special study or survey consistent with the
provisions of this article. The executive director is further
empowered to engage in negotiations and carry out plans to
implement the provisions of this article and to exercise those
powers listed in section five of this article on behalf of the
authority. The executive director shall prepare annually a budget
to be submitted to the board for its review and approval.
All costs incidental to the administration of the authority,
including office expense, personal services expense and current
expense, shall be paid from the regional jail and correctional
facility development fund in accordance with guidelines issued by
the board of the authority.
NOTE: The purpose of this bill is to authorize the Regional
Jail and Correctional Facility Authority Board to appoint an
executive director, with the advice and consent of the Senate, to
serve for a term of five years, beginning April 1, 2000.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would