COMMITTEE SUBSTITUTE

FOR

H. B. 2105


(By Delegates Kiss and Rutledge )


(Originating in the House Committee on Roads and Transportation)

[March 24, 1993]


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 a new section, designated section nineteen-a, relating to providing for the creation of a system of commuter passes for use on the West Virginia turnpike for noncommercial motor vehicles; requiring system to be in effect by a date certain; providing for public hearings; reporting to the Legislature on the form and cost of the pass; and requiring the promulgation of rules.

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 a new section, designated section nineteen-a, to read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.

§17-16A-19a. Commuter pass for noncommercial motor vehicles;
effective date; public hearings; report to the Legislature; promulgation of rules.
(a) On or before the first day of February, one thousand nine hundred ninety-four, the authority shall make available to all operators of registered noncommercial Class A motor vehicles and Class B motor vehicles of ten thousand pounds GVW or less, a system of commuter passes, which 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 after its issuance.
(b) Prior to making the commuter pass available to the public, the authority shall conduct three well-publicized public hearings, to take public comment on the issuance and form of the commuter passes. One hearing shall be held in Charleston, one in Beckley and one in Princeton.
(c) The authority shall report to the governor and the joint committee on government and finance on the first day of December one thousand nine hundred ninety-three. The report should address, at a minimum, the cost to be charged per barrier or per pass, the revenue gain or loss anticipated, and the recommended form and procedure for the issuance of the passes.
(d) The authority shall promulgate emergency rules within forty-five days after the effective date of this section in accordance with the provisions of chapter twenty-nine-a of this code regarding the implementation of the commuter pass system, procedures, fees and other matters necessary to effect the requirements of this section.