H. B. 2015
(By Delegate Love)
[Introduced January 12, 1995; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section six-a, article three, chapter
seventeen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the state road
fund; changing the state road allocation formula to provide
that if a county is among the ten highest counties in the
state with respect to motor vehicle registration per square
mile, the county receives an additional allocation of
twenty-five percent above its regular allocation; and
granting the commissioner of highways certain powers with
Be it enacted by the Legislature of West Virginia:
That section six-a, article three, 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 3. STATE ROAD FUND.
§17-3-6a. Allocation of funds for feeder and state local service roads.
On or before the first day of January of each year the
road commissioner shall ascertain and determine the total amount
of available funds for expenditure in the whole state for the
construction, reconstruction and maintenance of feeder and state
local service roads during such annual period. Of the amount so
ascertained, the commissioner may set aside as a reserve fund not
to exceed twenty percent thereof, to be used and expended by him
in his discretion in such manner as will best serve the interests
of the state and the convenience of its inhabitants.
The remaining eighty percent, or, if such reserve fund is
not set aside,
then all the funds shall be appropriated in the
following order and preference:
(1) Maintenance funds. -- To be allocated to the various
counties on the basis of the mileage of various types of road
(a) Paved surfaces of all types, such as brick, cement,
concrete, bituminous, etc.
(b) Traffic-bound surfaces, such as slag, crushed stone,
gravel, chert, red dog, shale, etc.
(c) Unimproved earth roads, by applying certain weights or
percentages, based on past experience, to the various types of
(2) Construction and reconstruction. -- To be allocated to
the various counties on the basis of the ratio of the unimproved mileage of feeder and state local service roads in the county to
the total unimproved mileage of feeder and state local service
roads in the state.
If any county is among the ten highest counties in the state
in the number of motor vehicles registered per square mile, the
commissioner shall allocate for maintenance, construction and
reconstruction of roads in that county its proportionate share of
moneys due under subdivisions (1) and (2) of this section, and
also an additional amount that is twenty-five percent of the
amount allocated under the aforesaid subdivisions (1) and (2).
For the purposes of this section,
the words "unimproved
mileage" are defined and shall be construed to mean means roads
which are not passable for all-weather travel by motor vehicle.
All moneys received from the federal government for road
construction or reconstruction shall be expended as provided, or
as may hereafter be provided by act of Congress.
NOTE: This bill would change the state road allocation
formula to provide that if a county is among the ten highest
counties in the state in motor vehicle registrations per square
mile, the county would receive an additional road allocation of
25% above its regular allocation.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.