COMMITTEE SUBSTITUTE
for
H. B. 2050
(By Delegates Craig and Morgan)
[Originating in the Committee on Government Organization]
(February 11, 2010)
A BILL to amend and reenact sections 1, 2, 3, 4, 5, and 6 chapter
232, Acts of the Legislature, regular session, 1997, all
relating to the West Virginia Route 2 and Interstate 68
Authority; adding Cabell, Mason and Jackson counties to the
authority; increasing the number of members; and requesting
the Governor and the Secretary of Transportation to seek
federal funding.
Be it enacted by the Legislature of West Virginia:
That sections 1, 2, 3, 4, 5 and 6 chapter 232, Acts of the
Legislature, regular session, 1997, be amended and reenacted, all
to read as follows:
WEST VIRGINIA ROUTE 2 AND INTERSTATE 68 AUTHORITY.
§1. West Virginia Route 2 and Interstate 68 Authority created;
purposes.
There is
hereby created continued a West Virginia Route 2 and
Interstate 68 Authority to promote and advance the construction of a modern highway through
Cabell, Mason, Jackson, Wood, Pleasants,
Tyler, Wetzel, Marshall, Ohio, Brooke, Hancock, Marion and
Monongalia counties and to coordinate with counties,
municipalities, state and federal agencies, public nonprofit
corporations, private corporations, associations, partnerships and
individuals for the purpose of planning, assisting and establishing
recreational, tourism, industrial, economic and community
development of West Virginia Route 2 between
Huntington,
Parkersburg and Chester and Interstate 68 between Moundsville and
Morgantown for the benefit of West Virginians.
The Legislature requests that the Governor and the Secretary
of Transportation seek support from West Virginia's congressional
delegation for priority funding to make Route 2 from Hancock County
to Cabell County a four-lane highway, to be completed by the year
2030.
§2. Members; appointment; officers.
(a) The Authority consists of
twenty 26 voting members and
three ex officio nonvoting members.
All members shall be are
appointed before the July 1, 1997, The members from Cabell, Mason
and Jackson counties are appointed before July 1, 2010.
(b)
Each of The county commissions
of the counties of
Cabell,
Mason, Jackson, Wood, Pleasants, Tyler, Wetzel, Marshall, Ohio,
Brooke, Hancock, Marion and Monongalia shall appoint two voting
members to the Authority. The terms of the voting members
initially appointed by a county commission are as follows: One
member shall be appointed for a term of two years and one member shall be appointed for a term of four years. All successive
appointments shall be for a term of four years. Any voting member
may be removed for cause by the appointing county commission.
(c) The three ex officio nonvoting members are the
Commissioner of Highways or designee, the Director of Natural
Resources or designee and the Executive Director of the West
Virginia Development Office or designee.
(d) Should a vacancy occur, the person appointed to fill the
vacancy shall serve only for the unexpired portion.
thereof. All
members are eligible for reappointment.
(e) The Authority shall meet annually on the third Monday in
July and at such other times designated by the Authority in its
bylaws. A special meeting may be called by the president, the
secretary or any two members of the Authority and may be held only
after all members are given notice of the meeting in writing.
Eleven 14 voting members constitute a quorum for all meetings. At
each annual meeting of the Authority, it shall elect a president,
vice president, secretary and treasurer. The Authority shall adopt
bylaws
and rules
as may be necessary for its operation and
management.
§3. Powers.
(a) The Authority has all, but only those powers necessary,
incidental, convenient and advisable for the following purposes:
(1) The promotion of economic development and tourism along
West Virginia Route 2 between
Huntington, Parkersburg and Chester
and Interstate 68 between Moundsville and Morgantown;
(2) Advocating actions consistent with that plan or its
provisions to or before any governmental entity or any private
person or entity; and
(3) Otherwise acting in an advisory capacity with regard to
any aspects of West Virginia Route 2 between
Huntington,
Parkersburg and Chester and Interstate 68 between Moundsville and
Morgantown at the request of or without the request of any
governmental entity or private person or entity.
(b) The Authority may not own any of the real estate or real
property herein described for development and may not be
responsible for operating or maintaining the highways described
herein.
§4.Compensation.
Each voting member of the Authority shall receive compensation
and expense reimbursement from the governing body which appointed
the member in an amount to be fixed by the governing body, not to
exceed 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 performance of official duties.
§5.Body corporate.
The Authority
hereby created is a public corporation and
as
such it may contract and be contracted with, sue and be sued, plead
and be impleaded and may have and use a corporate seal.
§6. Severability.
If any provision
hereof is held invalid, the invalidity may
not affect other provisions
hereof which can be given effect
without the invalid provision, and to this end the provisions of
this act are severable.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.