Senate Bill No. 654
(By Senators Chafin and Plymale)
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[Introduced February 19, 2007; referred to the Committee on
Natural Resources.]
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A BILL to amend and reenact §20-14-3 of the Code of West Virginia,
1931, as amended, relating to reconstituting the governing
board of the Hatfield-McCoy Regional Recreation Authority.
Be it enacted by the Legislature of West Virginia:
That §20-14-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 14. HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY.
§20-14-3. Creation; appointment of board; terms.
(a)
There is hereby created the "Hatfield-McCoy regional
recreation authority" which is The "Hatfield-McCoy Regional
Recreation Authority" is, effective on or after the first day of
July, two thousand seven, reestablished, reconstituted and
continued in conformance with the provisions of this section. The
Hatfield-McCoy Regional Recreation Authority remains a public
corporation and a government instrumentality existing for the purpose of enabling and facilitating the development and operation
of a system of trail-oriented recreation facilities for use by
off-highway vehicle enthusiasts, equestrians, mountain bicyclists
and others. This recreational trail system
shall be is located in
southern West Virginia with significant portions of the
recreational trail system being located on private property made
available for use through lease, license, easement or other
appropriate legal form by a willing landowner.
(b) The authority shall be governed by a board of
at least
seventeen seven members who shall be representative of the various
interests involved in the Hatfield-McCoy Recreation Area project in
the southern region of the state and who shall be appointed
by the
Governor, by and with the advice and consent of the Senate to serve
at the will and pleasure of the Governor as follows:
(1)
The county commission of each participating county, as
defined in section two of this article, shall appoint two members
of the board as follows:
(A) One member who represents and is associated with a
corporation or individual landowner whose land is being used or is
expected to be used in the future as part of the Hatfield-McCoy
recreation area project. This member shall be appointed to a
four-year term. Four members who represent and are associated with
a corporation or individual landowner whose land is being used or
is expected to be used in the future as part of the Hatfield-McCoy Recreation Area Project. These members serve terms of four years
each.
(B) (2) One member who represents and is Two members who
represent and are associated with travel and tourism or economic
development efforts within the county
who shall serve terms of four
years each. The initial appointment shall be for a two-year term,
but all subsequent appointments shall be for a four-year term.
(2) (3) The members of the board appointed under
subdivision
subdivisions (1)
and (2), subsection (b) of this section
by the
county commissions shall appoint
three one additional board
members
member, at least two of whom represent and are who represents and
is associated with recreational users of the Hatfield-McCoy
Recreation Area Project.
These members shall serve three-year
terms This member shall serve a three-year term.
(3) (4) The following three persons shall serve as nonvoting
members representing the state: The Director of the Division of
Travel and Tourism, the Director of the Division of Natural
Resources, and the Director of the Division of Forestry, or their
respective designees.
The board members serving on the date of enactment of this
bill shall cease to be members on the first day of July, two
thousand seven, and the newly appointed board shall begin serving
on that date. Any member serving before that date shall be
eligible for reappointment on the newly reconstituted and reestablished board. Thereafter, Any an appointed member whose
term has expired shall serve until his or her successor has been
duly appointed and qualified. Any person appointed to fill a
vacancy shall serve only for the unexpired term. Any appointed
member is eligible for reappointment. Members of the board are not
entitled to compensation for services performed as members but are
entitled to reimbursement for all reasonable and necessary expenses
actually incurred in the performance of their duties.
(c) Before the authority issues any revenue bonds or revenue
refunding bonds under the authority of this article, each appointed
voting member of the board shall execute a surety bond in the penal
sum of twenty-five thousand dollars and the officers and executive
director of the board shall each execute a surety bond in the penal
sum of fifty thousand dollars. Each surety bond shall be
conditioned upon the faithful performance of the duties of the
member, officer or director, shall be executed by a surety company
authorized to transact business in this state as surety and shall
be approved by the Governor and filed in the Office of the
Secretary of State. The authority shall pay premiums on the surety
bonds from funds accruing to the authority.
NOTE: The purpose of this bill is to reduce the number of
members and reconstitute the governing board of the Hatfield-McCoy
Recreation Area Authority. The bill provides for the appointment
of the members by the Governor with the advice and consent of the
Senate.
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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