ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 260
(By Senator Bowman)
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[Originating in the Committee on Finance;
reported February 26, 2004.]
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A BILL to amend and reenact §5-22A-4 of the code of West Virginia,
1931, as amended, relating to allowing members of the
design-build board to be reimbursed travel and other necessary
expenses actually incurred while engaged in attending board
meetings.
Be it enacted by the Legislature of West Virginia:
That §5-22A-4 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 22A. DESIGN-BUILD PROCUREMENT ACT.
§5-22A-4. Design-build board and members; appointments; expense
reimbursement; meetings; authority to promulgate
rules.
(a)
There is hereby created The design-build board
and shall
be is composed of the following nine members who are
to be appointed by the governor with the advice and consent of the
Senate: Two contractors licensed in the state of West Virginia;
one architect licensed in the state of West Virginia and one
professional engineer licensed in the state of West Virginia; the
secretary of the department of administration, ex officio; one
representative from labor; and three other members of the public at
large. Members of the board are not entitled to compensation for
services performed as members
,. A member may be reimbursed for
actual and necessary expenses incurred for each day in which he or
she is engaged in the discharge of official business, in accordance
with rules promulgated pursuant to section eleven, article three,
chapter twelve of this code and travel management policies adopted
by the department of administration. Each member of the board
must
shall take and subscribe to the oath or affirmation required
pursuant to section five, article IV of the constitution of West
Virginia.
(b)
Within thirty days of the effective date of this section,
the governor shall make the initial appointments to the
design-build board. Of the initial appointments to the board, four
will be for a term ending two years after the effective date of
this section and four for a term ending three years after the
effective date of this section. Thereafter, Terms of office are
for three years, each term ending on the same day of the same month
of the year as did the term which it succeeds. Each member
will hold holds office from the date of his or her appointment or until
his or her successor qualifies for office. When a vacancy occurs
as a result of death, resignation or removal in the membership of
the board, it
must shall be filled by an appointment within thirty
days of the vacancy for the unexpired portion of the term in the
same manner as original appointments.
(c)
The board must meet within thirty days of the initial
appointments to the board at a time and place to be determined by
the governor, who must designate a member to preside at that
meeting until a chairman is elected. At its first meeting, The
board shall elect a
chairman chairperson and
such other
necessary
officers.
as are necessary The board shall
within ninety days
after its first meeting adopt rules for its procedures. Five
members of the board
constitute is a quorum. Except as may
otherwise be provided in this section, a majority of the total
membership is necessary to act at all times. Meetings of the board
shall be are held upon the call of the secretary of the department
of administration.
(d) The board shall
promulgate propose rules
for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to carry out the purposes of
this article.
Any rules adopted by the board prior to the first
day of October, one thousand nine hundred ninety-nine, are exempt
from the provisions of article three, chapter twenty-nine-a of this code: Provided, That the board shall file a copy of any rule so
exempted from the provisions of chapter twenty-nine-a of this code
with the legislative rule-making review committee created pursuant
to section eleven, article three of said chapter prior to the
thirtieth day of November, one thousand nine hundred ninety-nine.