COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 404
(By Senators Craigo, Wagner, Chafin and Plymale)
____________
[Originating in the Committee on Government Organization;
reported March 4, 1994.]
A BILL to amend and reenact sections three, eleven and twenty-
three, article sixteen-a, chapter seventeen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, relating to the West Virginia parkways, economic
development and tourism authority; increasing its membership
to thirteen members; providing that additional members
represent the state at large; providing for the appointment,
terms and qualifications of the additional members; and
eliminating the requirement that certain projects be
undertaken within seventy-five miles of the turnpike as it
existed on the first day of June, one thousand nine hundred
eighty-nine.
Be it enacted by the Legislature of West Virginia:
That sections three, eleven and twenty-three, article
sixteen-a, chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted to read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.
§17-16A-3. Dissolution and termination of West Virginia turnpike
commission; West Virginia parkways, economic development and
tourism authority generally.
On and after the first day of June, one thousand nine
hundred eighty-nine, the West Virginia turnpike commission is
hereby abolished in all respects, and there is hereby created the
"West Virginia Parkways, Economic Development and Tourism
Authority," and by that name the parkways authority may sue and
be sued and plead and be impleaded. The parkways authority is
hereby constituted an agency of the state, and the exercise by
the parkways authority of the powers conferred by this article in
the construction, reconstruction, improvement, operation and
maintenance of parkway, economic development and tourism projects
shall be deemed and held to be an essential governmental function
of the state.
The West Virginia parkways, economic development and tourism
authority shall consist of thirteen members, including the
transportation secretary, who shall serve as chairman of the
parkways authority, with six members, including no less than one
from each of the counties which have land bordering parkway
projects and six members selected from other counties of the
state to represent the interests of the state at large who shall
be appointed by the governor, by and with the advice and consent
of the Senate. The appointed members shall be residents of the
state, and shall have been qualified electors therein for a
period of at least one year next preceding their appointment.
The six parkways authority members in office on the effective
date of this legislation shall continue to hold office for the staggered term for which he or she was appointed. The six
members appointed to represent the state at large shall also be
appointed by the governor for staggered terms which expire as
designated by the governor to coincide with the terms of the
current members of the authority at the time of the nomination,
as follows: (a) One at the end of the first year; (b) one at the
end of the second year; (c) one at the end of the third year;
(d) one at the end of the fifth year; (e) one at the end of the
sixth year; and (f) one at the end of the seventh year. As these
original appointments expire, each subsequent appointment shall
be for a full eight-year term. Any member whose term has expired
shall serve until his successor has been duly appointed and
qualified. Any person appointed to fill a vacancy shall serve
only for the unexpired term. Any member shall be eligible for
reappointment. Each appointed member of the parkways authority
before entering upon his duties shall take an oath as provided by
section five of article IV of the Constitution of the state of
West Virginia.
The parkways authority shall elect one of the appointed
members as vice chairman, and shall also elect a secretary and
treasurer who need not be members of the parkways authority.
Seven members of the parkways authority shall constitute a quorum
and the vote of a majority of members present shall be necessary
for any action taken by the parkways authority. No vacancy in
the membership of the parkways authority shall impair the right
of a quorum to exercise all the rights and perform all the duties
of the parkways authority. The parkways authority shall meet at
least monthly and either the chairman or any four members shall
be empowered to call special meetings for any purpose or purposes: Provided, That notice of any such meeting shall be
given to all members of the parkways authority not less than ten
days prior to said special meetings.
Before the issuance of any parkway revenue bonds or revenue
refunding bonds under the provisions of this article, each
appointed member of the parkways authority shall execute a surety
bond in the penal sum of twenty-five thousand dollars and the
secretary and treasurer shall execute a surety bond in the penal
sum of fifty thousand dollars, each such surety bond to be
conditioned upon the faithful performance of the duties of his
office, to be executed by a surety company authorized to transact
business in the state of West Virginia as surety and to be
approved by the governor and filed in the office of the secretary
of state.
The members of the parkways authority shall not be entitled
to compensation for their services, but each member shall be
reimbursed for his actual expenses necessarily incurred in the
performance of his duties. All expenses incurred in carrying out
the provisions of this article shall be payable solely from funds
provided under the authority of this article and no liability or
obligation shall be incurred by the parkways authority hereunder
beyond the extent to which moneys shall have been provided under
the authority of this article.
§17-16A-11. Parkway revenue bonds -- West Virginia Turnpike;
related projects.
The parkways authority is hereby authorized to provide by
resolution, at one time or from time to time, for the issuance of
parkway revenue bonds of the state in an aggregate principal
amount not to exceed eighty-three million dollars for the purpose of paying (i) all or any part of the cost of the West Virginia
Turnpike, which cost may include, but not be limited to, an
amount equal to the state funds used to upgrade the West Virginia
Turnpike to federal interstate standards, and (ii) to the extent
permitted by federal law, all or any part of the cost of any
related parkway project. For purposes of this section eleven
only, a "related parkway project" means any information center,
visitors' center or rest stop, or any combination thereof, and
any expressway, turnpike, trunkline, feeder road, state local
service road or park and forest road located anywhere within the
boundaries of the state or any subsequent expressway, trunkline,
feeder road, state local service road or park and forest road
constructed pursuant to this article: Provided, That nothing
herein shall be construed as prohibiting the parkways authority
from issuing parkway revenue bonds pursuant to section ten of
this article for the purpose of paying all or any part of the
cost of any such related parkway project: Provided, however, That
none of the proceeds of the issuance of parkway revenue bonds
under this section shall be used to pay all or any part of the
cost of any economic development project, except as provided in
section twenty-three of this article: Provided further, That
nothing herein shall be construed as prohibiting the parkways
authority from issuing additional parkway revenue bonds to the
extent permitted by applicable federal law for the purpose of
constructing, maintaining and operating any highway constructed
in whole or in part with money obtained from appalachian regional
commission. Except as otherwise specifically provided in this
section, the issuance of parkway revenue bonds pursuant to this
section, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of
the parkways authority in respect of the same, shall be governed
by the provisions of this article insofar as the same may be
applicable.
§17-16A-23. Special highway fund; appropriations from fund.
(a) There is hereby created a special fund in the state
treasury which shall be designated and known as the "West
Virginia special highway fund." The special highway fund shall
consist of (i) all funds allocated and disbursed to the state
department of highways by the parkways authority, including
without limitation the proceeds of any parkway revenue bonds or
revenue refunding bonds issued by the parkways authority pursuant
to sections eleven, twenty-one or twenty-two of this article, in
repayment of the amount of state funds used to upgrade the West
Virginia Turnpike to federal interstate standards, (ii) any
appropriations, grants, gifts, contributions or other revenues
received by the special highway fund from any source, and (iii)
all interest earned on moneys held in the fund. When any funds
are received by the state department of highways from the
parkways authority pursuant to this section, they shall be paid
into the state treasury by the commissioner of the department of
highways and credited to the special highway fund, and shall be
disbursed in the manner set forth in subsections (b) and (c) of
this section. The special highway fund shall not be treated by
the auditor and treasurer as part of the state road fund or as
part of the general revenues of the state.
(b) The governor shall have the authority to transfer to the
insurance fund created in section eight, article fifteen, chapter
thirty-one of this code, on any date or dates after the enactment of this section, up to thirty-five million dollars of the funds
received or earned by the special highway fund, which funds may
be used and applied by the West Virginia economic development
authority in the manner and to the extent set forth in article
fifteen of said chapter thirty-one. On or before the thirty-
first day of December, one thousand nine hundred ninety-four,
the economic development authority shall retransfer to the
special highway fund the thirty-five million dollars advanced to
the insurance fund pursuant to this section. All interest earned
on the thirty-five million dollars while being held in the
insurance fund shall remain in, and be the property of, said
insurance fund: Provided, That on and after the first day of
July, one thousand nine hundred ninety-two, the governor shall
have the authority to transfer six million dollars from the
insurance fund created in section eight, article fifteen, chapter
thirty-one of this code to a special fund hereby created in the
state treasury and designated "the West Virginia economic
development fund." Expenditures from the fund are to be made
only in accordance with appropriations by the Legislature.
(c) Upon the transfer of thirty-five million dollars to the
insurance fund as provided in subsection (b) of this section, the
Legislature shall annually appropriate all or any part of the
balance of the funds deposited in the special highway fund for
the construction, reconstruction, improvement, maintenance or
repair of any parkway project or projects: Provided, That all
of such funds shall be appropriated to (i) the upgrading or
addition of interchanges; (ii) the construction of expressways or
feeder roads; or (iii) the upgrading or construction of
information centers, visitors' centers, rest stops, or any combination thereof, or any subsequent expressway, turnpike or
feeder road constructed pursuant to this article. The
appropriation of funds pursuant to this article shall be expended
on more than one project.