H. B. 2101


(By Delegate McGraw)
[Introduced February 11, 1993; referred to the
Committee on Roads and Transportation then Finance.]




A BILL to amend article sixteen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections nineteen-a and nineteen-b, relating to creating a system of economic development passes for use on the West Virginia turnpike.

Be it enacted by the Legislature of West Virginia:
That article sixteen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections nineteen-a and nineteen-b, to read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.

§17-16A-19a. Legislative purpose and findings.

The Legislature hereby finds and declares that the health, safety and welfare of the people of West Virginia are enhanced by the continued encouragement, development, growth and expansion ofprivate enterprise, the building of homes, the freedom of movement of the residents of West Virginia. The Legislature also finds and declares that there are certain chronic economically depressed areas in the state that need particular attention to create new jobs, stimulate residential building, stimulate economic activity and permit the expansion of the urban economy in the Kanawha County area of West Virginia into southern West Virginia.
The Legislature further declares that the tolls collected from West Virginia residents and businesses on Interstate Highway 77 and Interstate Highway 64 between Beckley, West Virginia and other areas served by Interstate Highway 64 and Interstate Highway 77 are regressive, restrictive and destructive to commercial and residential growth and development not only in Raleigh County, West Virginia, but in all the counties of southern West Virginia served by Interstate Highway 77.
The Legislature further finds and declares that expansion of both residential and commercial development along the eighty- eight mile toll portion of Interstate Highway 77 through southern West Virginia, known as the West Virginia turnpike, has not proceeded as rapidly as other nontoll interstates and that collection of tolls from West Virginia residents and businesses has created an economic development vacuum because ordinary citizens and businesses cannot utilize the development potential along the eighty-eight mile Interstate Highway 77 because of the unreasonable and prohibitive expense incurred in order to travelthe highway on a daily basis.
The Legislature further finds that special legislation has been enacted to create economic development in other areas of the state by granting rewards and incentives to special interests, including, but not limited to, the incentives set forth in the provisions of articles one, two-a, two-b, three, four and six of chapter five-b; article one, chapter five-d; and articles thirteen-c, article thirteen-d, article thirteen-e and article thirteen-h of this code. For the further purpose of enhancing and promoting these inducements for economic development in southern West Virginia, the Legislature directs the removal of the toll burden from businesses served by and West Virginia residents who live near, travel on or work at businesses located along or adjacent to the eighty-eight miles of Interstate Highway 77 known as the West Virginia turnpike.
§17-16A-19b. Economic development pass for West Virginia residents and businesses.

Notwithstanding any other provision of this code to the contrary, as soon as reasonably possible after the effective date of this section, but in no event later than the first day of July, one thousand nine hundred ninety-three, the West Virginia parkways, economic development and tourism authority shall establish, advertise, implement and make generally available to all West Virginia residents who live near, travel on or work along the West Virginia turnpike and to the businesses which are served by the turnpike, a system of economic development passes.The economic development passes shall, at a minimum, permit the holder to travel the West Virginia turnpike and toll facilities on an unlimited basis, without additional charge therefor, for a period of one year. Each permit may be renewed each year thereafter at an annual cost not to exceed an aggregate of more than one dollar per year.



NOTE: The purpose of this bill is to make available to West Virginia residents and businesses an economic development pass for use on the West Virginia Turnpike.

Sections 19-a and 19-b are new; therefore, strike-throughs and underscoring have been omitted.