H. B. 4112
(By Delegate Beane)
[Introduced January 23, 2004; referred to the
Committee on Government Organization then Finance.]
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; meetings;
authority to promulgate rules.
(a)
There is hereby created The design-build board
and shall
be is continued and 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,
however, members are entitled to
reimbursement of travel and other necessary expenses actually
incurred while engaged in attending board meetings, in accordance
with rules promulgated pursuant to section eleven, article three,
chapter twelve of this code and travel management rules promulgated
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 shall 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.
NOTE: The purpose of this bill is to allow members of the
design-build board to be reimbursed travel and other necessary
expenses actually incurred while engaged in attending board
meetings.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.