HB4121 HFIN AM

                                                                                                                                                    McO


The Committee on Finance moves to amend the bill on page one, section one, line five, following the word “authorized”, by striking out the period and inserting a comma and the following:

“with the amendment set forth below:

On page one, subsection 2.1, line sixteen, following the words “’Board’ means the”, by striking out the words “board of directors of the fund” and inserting in lieu thereof the words “State Transportation Infrastructure Fund Advisory Board”;

On page three, subsection 3.1, line eleven, by striking out the words “A Board is hereby created” and inserting in lieu thereof the words “The State Transportation Infrastructure Fund Advisory Board is hereby created”;

On page three, following subsection 3.3, by striking out the section heading through subdivision 4.2.d which reads as follows:

157-11-4. Operation and Powers of the State Transportation Infrastructure Board.

4.1 The Board, in consultation with the Commissioner, shall adopt and promulgate bylaws, consistent with W.Va. Code § 17-17B-1 et seq., for the administration of the fund’s affairs and the implementation of the fund’s functions, including, but not limited to, the identification and selection of eligible borrowers, eligible costs, and eligible projects as well as the determination of the amount of initial assistance and the manner in which the fund shall be capitalized.

4.2 The board shall have the following powers:

                        4.2a. Have perpetual succession;

                        4.2.b  Adopt, promulgate, amend, and repeal bylaws;

                        4.2.c. Sue and be sued in its own name;

                        4.2.d.  Have a seal and alter it at the Board’s pleasure, although the failure to affix the seal does not affect the validity of any instrument may be executed on behalf of the board;”,

and by inserting in lieu thereof the following:

“157-11-4. Powers and Duties of the Commissioner.

            4.1 The Commissioner, in consultation with the Board, shall adopt policies and procedures consistent with W.Va. Code § 17-17B-1 et seq., for the administration of the fund’s affairs and the implementation of the fund’s functions, including, but not limited to, the identification and selection of eligible borrowers, eligible costs, and eligible projects as well as the determination of the amount of initial assistance and the manner in which the fund shall be capitalized.

4.2 The Commissioner shall have the following powers:”,

and redesignating subdivision “4.2.e” as subdivision “4.1.a.” and redesignating the remaining subdivisions accordingly;

            And,

On page four, beginning on line twenty-two, by striking out subdivision 4.2.j. in its entirety, redesignating the remaining subdivisions accordingly.