Senate Bill No. 479
(By Senator Chafin)
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[Introduced February 7, 2007; referred to the Committee on
Government Organization.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-1-3oo, relating to
authorizing county commissions to expend county funds to
repair roads, including, but not limited to, cemetery roads,
located in their respective counties under certain
circumstances.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §7-1-3oo, to read as
follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3oo. Authority to apply county funding to repair county
roadways.
In addition to all other powers and duties now conferred by
law upon county commissions, commissions are hereby authorized to
expend and apply county moneys or other moneys donated by private
entities to repair and improve roadways, including, but not limited to, cemetery roadways, located within their respective counties:
Provided, That prior to the expenditure and application of county
or privately donated funds the county commission must find
unanimously that a compelling public need exists to repair or
improve a particular roadway intended to be repaired or improved,
and that application for state sponsored repair or improvement has
been made by the commission and declined by the Department of
Administration or Division of Highways.
NOTE: The purpose of this bill is to
authorize county
commissions to expend county funds to repair roads, including, but
not limited to, cemetery roads, located in their respective
counties under certain circumstances.
This section is new; therefore, strike-throughs and
underscoring have been omitted.