Introduced Version House Bill 2908 History

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H. B. 2908

          (By Delegates Folk, Hamrick and Kump)
          [Introduced March 12, 2013; referred to the
          Committee on Government Organization then Finance.]

A BILL to amend and reenact §8-29-4 of the Code of West Virginia, 1931, as amended, relating to regional airports; reducing the terms of members; altering membership; and calculating membership for each municipality.
Be it enacted by the Legislature of West Virginia:
     That §8-29-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§8-29-4. Management of authority vested in members; appointment and terms of members; vote of members; valuation of property contributed to an authority; participation by additional municipalities or counties without state.
(a) The management and control of each authority, its property, operations, business and affairs shall be lodged in a board of not less than five nor more than twenty-one individuals who shall be known as members of the authority and who shall be appointed for terms of three one years year each by the municipalities and county courts commissions contributing moneys or property to the authority. However, the first board shall be comprised of one member appointed by each participating municipality and one member appointed by each participating county court commission, and any such member shall serve a term of one year, beginning as of the date the authority is created. No more than three members shall serve from one county on the first board.
 (b) Each municipality or county shall have one vote member for each $5,000 dollars it has contributed to the authority in the form of moneys or property. When property is contributed, the contributing municipality or county court commission and the authority shall agree in writing at the time the contribution is made as to the fair market value of such property, which valuation shall determine the number of votes members to be allocated to the municipality or county on the basis thereof. For the fiscal year during which any authority is formed, the number of votes members to which any municipality or county shall be entitled shall be determined as of the time of formation of the authority and shall govern until the end of that fiscal year, even though additional moneys or property are contributed during that fiscal year. Thereafter, the number of votes members shall be determined at the end of each fiscal year and such determination shall govern for the ensuing fiscal year, even though additional moneys or property are contributed during that fiscal year. When calculating the number of members to which any municipality or county is entitled, any matching grant moneys tied to any Airport Improvement Project, or any grants received from the Federal Aviation Administration or any successor agency, shall be excluded from the amount of moneys or properties contributed. Subsequent to its formation, any authority may permit any municipality or county without this state to participate in the affairs of the authority, to appoint members of the authority in the same manner, and to have such vote or votes beginning as of the next ensuing fiscal year, as prescribed by law with respect to the original participating municipalities or counties or any combination thereof.

 NOTE: The purpose of this bill is to change the length of terms of regional airport authority board members, and to clarify how such members are to be allocated.

 Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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