Introduced Version
House Bill 3190 History
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Key: Green = existing Code. Red = new code to be enacted
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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