HOUSE CONCURRENT RESOLUTION 95

(By Delegate Michael)

(Originating in the Committee on Rules.)


[March 12, 2004]
Requesting the Joint Committee on Government and Finance to study the need for updating and recodification of the article of West Virginia Code pertaining to outdoor advertising adjacent to roads and highways;

Whereas, Article 22, Chapter 17 of the West Virginia Code governs the laws of this state pertaining to outdoor advertising adjacent to roads and highways; and
Whereas , Article 22, Chapter 17 of the West Virginia Code was last reenacted in 1967; and
Whereas , The scope of regulation set forth in the current code is very broad and far reaching; and
Whereas , Article 22, Chapter 17 of the West Virginia Code was passed, at least in part, to enable the State of West Virginia to participate in federal funds provided by the Federal Highway Beautification Act, 23 U.S.C. §§ 131 and 136, and, therefore, amendments to the Article may have ramifications for the State's ability to capture federal funds; and
Whereas , The provisions of Article 22, Chapter 17 of the West Virginia Code are not enforced by the West Virginia Commissioner of Highways as rigorously as the statute would otherwise dictate; and
Whereas , Strict enforcement of the provisions of Article 22, Chapter 17 of the West Virginia Code could constitute a hardship upon the citizens of this State; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to study the need for updating and recodification of the article of West Virginia Code pertaining to outdoor advertising adjacent to roads and highways ; and, be it
 Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.