H. B. 2016
(By Delegate Love)
[Introduced January 12, 1995; referred to the
Committee on 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 changing the
state road allocation formula to provide an additional
allocation of road funds for more populous counties; and
giving the state commissioner of highways certain powers and
duties with respect thereto.
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. Allotment of funds for feeder and state local service
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
with respect to population per square mile, the commissioner
shall allocate for maintenance, construction and reconstruction
of roads in that county, the county's 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 subdivisions (1) and (2)of this section.
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 with respect to population per square mile,
the county would receive an additional state 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.