H. B. 2876
(By Delegates Fantasia, Kuhn, H. White, Thompson, Heck,
Willison and Given)
[Originating in the Committee on Government Organization]
[April 1, 1997]
A BILL to amend and reenact section four, article eighteen,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, continuing the
West Virginia state rail authority
until the first day of
July, two thousand.
Be it enacted by the Legislature of West Virginia:
That section four, article eighteen, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
§29-18-4. West Virginia state rail authority continued;
organization of authority; appointment of members; term of
office, compensation and expenses; director of authority;
termination date.
The West Virginia railroad maintenance authority, heretofore
created, is hereby continued and redesignated the West Virginia
state rail authority. References in this code to the West
Virginia railroad maintenance authority shall be understood and
taken to mean the West Virginia state rail authority. Nothing in
this article is intended to invalidate any action or obligation of the West Virginia railroad maintenance authority undertaken
prior to the effective date of this article. 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 shall be
deemed and held to be, and are hereby determined to be, essential
governmental functions and for a public purpose.
The authority shall consist of seven members. The secretary
of the department of transportation shall be a member ex officio.
The other six members shall be appointed by the governor, by and
with the advice and consent of the Senate, for a term of six
years. Of the members of the authority first appointed, two
shall be appointed for a term ending on the thirtieth day of
June, one thousand nine hundred seventy-seven, two shall be
appointed for a term ending two years thereafter and two shall be
appointed for a term ending four years thereafter. A person
appointed to fill a vacancy occurring prior to the expiration of
the term for which his predecessor was appointed shall be
appointed only for the remainder of such term. Each authority
member shall serve until the appointment and qualification of his
successor. No more than three of the appointed authority members
shall at any one time belong to the same political party.
Appointed authority members may be reappointed to serve
additional terms.
All members of the authority shall be citizens of the state.
Each appointed member of the board, before entering upon his duties, shall comply with the requirements of article one,
chapter six of this code and give bond in the sum of twenty-five
thousand dollars in the manner provided in article two, chapter
six of this code. The governor may remove any authority member
for cause as provided in article six, chapter six of this code.
Annually the authority shall elect one of its members as
chairman and another as vice chairman, and shall appoint a
secretary-treasurer, who need not be a member of the authority.
Four members of the authority shall constitute a quorum and the
affirmative vote of four members shall be necessary for any
action taken by vote of the authority. No vacancy in the
membership of the authority shall impair the rights of a quorum
by such vote to exercise all the rights and perform all the
duties of the authority. The person appointed as secretary- treasurer, including an authority member if he is so appointed, shall give bond in the sum of fifty thousand dollars in the
manner provided in article two, chapter six of this code.
The secretary of the department of transportation shall not
receive any compensation for serving as an authority member.
Each of the six appointed members of the authority shall receive
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 discharge of official duties. All such
compensation and expenses incurred shall be payable solely from
funds of the authority or from funds appropriated for such
purpose by the Legislature and no liability or obligation shall
be incurred by the authority beyond the extent to which moneys
are available from funds of the authority or from such
appropriations.
There shall also be a director of the authority appointed by
the authority.
Pursuant to the provisions of article ten, chapter four of
this code, the
West Virginia state rail authority
shall continue
to exist until the first day of July, two thousand.
NOTE: The purpose of this bill is to place the West
Virginia state rail authority under the sunset processreview. This bill
continues the West Virginia state rail authority until July 1, 2000, pursuant to the provisions of the West Virginia Sunset Law.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.