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Introduced Version House Bill 3190 History

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hb3190 intr
H. B. 3190


(By Delegate Blair)
[Introduced
March 24, 2005 ; referred to the
Committee on Roads and Transportation then Finance.]




A BILL to amend and reenact §17-3-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-3-2b, all relating to authorizing the Commissioner of Highways to sell advertising space on overpasses and bridges; providing revenues collected from the sale of such advertising are deposited in the State Road Fund; and, requiring the Commissioner of the Division of Highways to propose legislative rules to implement the proposed provisions.

Be it enacted by the Legislature of West Virginia:
That §17-3-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §17-3-2b,
all to read as follows:
ARTICLE 3. STATE ROAD FUND.

§17-3-1. What constitutes Fund; payments into Fund; use of money in Fund.
There shall be a State Road Fund, which shall consist of the proceeds of all state license taxes imposed upon automobiles or other motor or steam driven vehicles; the registration fees imposed upon all owners, chauffeurs, operators and dealers in automobiles or other motor driven vehicles; all revenues collected from the sale of advertising space, as provided in section two-b of this article; all sums of money which may be donated to such Fund; all proceeds derived from the sale of state bonds issued pursuant to any resolution or act of the Legislature carrying into effect the "Better Roads Amendment" to the Constitution of this state, adopted in the month of November, one thousand nine hundred sixty-four, except that the proceeds from the sale of these bonds shall be kept in a separate and distinct account in the State Road Fund; all proceeds from the sale of state bonds issued pursuant to any resolution or act of the Legislature carrying into effect the "Safe Roads Amendment of 1996" to the Constitution of this state, adopted in the month of November, one thousand nine hundred ninety-six, except that the proceeds from the sale of these bonds shall be kept in a separate and distinct account in the State Road Fund; all moneys and funds appropriated to it by the Legislature; and all moneys allotted or appropriated by the federal government to this state for road construction and maintenance pursuant to any act of the Congress of the United States; the proceeds of all taxes imposed upon and collected from any person, firm or corporation and of all taxes or charges imposed upon and collected from any county, district or municipality for the benefit of the Fund; the proceeds of all judgments, decrees or awards recovered and collected from any person, firm or corporation for damages done to, or sustained by, any of the state roads or parts thereof; all moneys recovered or received by reason of the violation of any contract respecting the building, construction or maintenance of any state road; all penalties and forfeitures imposed, recovered or received by reason thereof; and any and all other moneys and funds appropriated to, imposed and collected for the benefit of such Fund, or collected by virtue of any statute and payable to such Fund: Provided, That notwithstanding any provisions of this code to the contrary, fifty cents of every license fee paid pursuant to the provisions of subdivision (2), subsection (a), section eight, article two, chapter seventeen-b of this code shall be paid to the special fund established pursuant to the provisions of subsection (a), section twelve, article two, chapter three of this code.
When any money is collected from any of the sources aforesaid, it shall be paid into the State Treasury by the officer whose duty it is to collect and account for the same, and credited to the State Road Fund, and shall be used only for the purposes named in this chapter, which are: (a) To pay the principal and interest due on all state bonds issued for the benefit of said Fund, and set aside and appropriated for that purpose; (b) to pay the expenses of the administration of the road department; and (c) to pay the cost of maintenance, construction, reconstruction and improvement of all state roads.
§17-3-2b. Commissioner authorized to sell advertising space; proceeds to be deposited in State Road Fund; Commissioner to propose rules.

The Commissioner is hereby authorized to sell advertising space on state overpasses and along state bridges under the authority of the Division. Proceeds collected from the sale of advertising space shall be deposited in the State Road Fund provided in section one of this article. The Commissioner shall propose rules in accordance with the provisions of article three, chapter twenty-nine-a designed to effectuate the provisions of this section.



NOTE: The purpose of this bill is to
authorize the Commissioner of Highways to sell advertising space on overpasses and bridges, while providing revenues collected from the sale of such advertising are deposited in the State Road Fund. The bill would also require the Commissioner of the Division of Highways to propose legislative rules to implement the proposed provisions.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§17-3-2b is new; therefore, strike-throughs and underscoring have been omitted.
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