WEST virginia legislature
2022 regular session
Introduced
Senate Bill 643
By Senators Swope and Trump
[Introduced February 15,
2022; referred
to the Committee on Economic Development]
A BILL to amend and reenact §8-29A-2 of the Code of West Virginia, 1931, as amended, relating to removing the residency requirement of members appointed to a county airport authority.
Be it enacted by the Legislature of West Virginia:
ARTICLE 29A. COUNTY AIRPORT AUTHORITIES.
§8-29A-2. Appointment of members; powers and duties; compensation; terms; removal or replacement.
(a) The management and control of the county airport authority, its property, operations, business, and affairs, shall be lodged in a board of five persons who shall be known as "Members of the Authority". The board shall constitute and be a public corporation under the name of "County Airport Authority" and as such shall have perpetual succession, may contract, and be contracted with, sue and be sued, plead and be impleaded, and have and use a common seal.
(b) All members shall be
appointed by the county commission: Provided, That one member of the
authority shall be a member of the county commission: Provided, however,
That of the remaining four members of the authority no more than two shall be
members of the same political party. Members shall be residents of the
county and be appointed for a term of five years, except that as to the
first four appointed to the first board appointed, the term of one member shall
expire on July 1, next ensuing and the term of the next member shall expire on
July 1, two years thereafter, the term of another member shall expire on July
1, three years thereafter and the term of the remaining member shall expire on
July 1, four years thereafter: Provided further, That the county commissioner
appointed to serve as a member of the authority shall not serve for a term as
member of the authority which is longer than the term of office as a member of
the county commission.
(c) The members of said
the board shall receive no compensation for their services, but they shall
be are entitled to reimbursement for all reasonable and necessary
expenses actually incurred in the performance of their duties as members of
said board. They shall may not be personally interested, directly
or indirectly, in any contract entered into by said the board, or
hold any remunerative position in connection with the establishment,
construction, improvement, extension, development, maintenance or operation of
any of the property under their control as members of said board: Provided,
That nothing herein shall may be construed to prevent or make
unlawful under this chapter or any other chapter of the Code of West Virginia
the appointment to the board of any person whose only interest in any property
under the control of the board is that the person in a noncommercial manner
leases hangar space, purchases fuel or contracts for any other goods or service
provided by said the airport authority subject to the control and
management of the board.
(d) The county commission shall
have the power to may remove any member of the authority for
consistent violations of any provisions of this article, for reasonable cause
which shall include, but not be limited to, a continued failure to attend
meetings of the authority, failure to diligently pursue the objectives for
which the authority was created or failure to perform any other duty prescribed
by law, or for any misconduct in office: Provided, That if the county
commission desires to remove a member of the authority it shall notify said
member in writing, stating the reasons for the county commission desiring said
removal. Within 10 days of the receipt of the written notice of removal by the
member of the authority, the member may request a hearing before the county
commission, and any such hearing shall be held within 10 days of the member's
request for said hearing.
If any member of the
authority shall die, resign, or be removed dies, resigns, or is
removed, or for any other reason cease ceases to be a member
of the authority, the county commission shall within 30 days appoint another
person to fill the unexpired portion of the term of such that member.
NOTE: The purpose of this bill is to remove the residency requirement of members appointed to a county airport authority.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.