H. B. 3044
(By Delegates Hrutkay, Manchin, Martin and Wysong)
[Introduced January 9, 2008; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17-27-1, §17-27-2,
§17-27-3, §17-27-4, §17-27-5, §17-27-6, §17-27-7, §17-27-8,
§17-27-9, §17-27-10, §17-27-11, §17-27-12, §17-27-13,
§17-27-14, §17-27-15, §17-27-16, §17-27-17, §17-27-18 and
§17-27-19, all relating to establishment of the Public-Private
Transportation Facilities Act of two thousand seven; setting
forth legislative findings and purposes; defining terms;
providing prerequisites for development of a transportation
facility; creating public-private transportation oversight
responsible public entity; creating the powers and duties of
the responsible public entity; providing for the submission of
proposals and approval by the responsible public entity;
providing for service contracts; providing for the dedication
of public property; setting forth the powers and duties of a developer; requiring a comprehensive agreement; providing for
federal, state and local assistance; addressing material
default and remedies; prohibiting governmental entities from
pledging full faith and credit; providing for the exercise of
condemnation; addressing utility crossings and relocations;
addressing dedication of assets; qualifying transportation
facilities as public improvements; providing for an exemption
of qualifying transportation facilities from taxation; and
addressing construction and severability.
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 article, designated §17-27-1, §17-27-2,
§17-27-3, §17-27-4, §17-27-5, §17-27-6, §17-27-7, §17-27-8,
§17-27-9, §17-27-10, §17-27-11, §17-27-12, §17-27-13, §17-27-14,
§17-27-15, §17-27-16, §17-27-17, §17-27-18 and §17-27-19, all to
read as follows:
ARTICLE 27. PUBLIC-PRIVATE TRANSPORTATION FACILITIES ACT.
§17-27-1. Legislative findings and purposes.
The Legislature finds and declares:
(1) That there is a public need for timely acquisition or
construction of and improvements to transportation facilities
within the state that are compatible with state and local
transportation plans;
(2) That public need may not be wholly satisfied by existing ways in which transportation facilities are acquired, constructed
or improved;
(3) That authorizing private entities to acquire, construct or
improve one or more transportation facilities may result in the
availability of transportation facilities to the public in a more
timely or less costly manner, thereby serving the public health,
safety, convenience and welfare and the enhancement of the
residential, agricultural, recreational, economic, commercial and
industrial opportunities;
(4) That providing a mechanism for the receipt and
consideration of proposals submitted by private entities for the
purposes described in this section shall serve the public purpose
of this article to the extent that such action facilitates the
timely acquisition or construction of or improvement to a
qualifying transportation facility or the continued operation of a
qualifying transportation facility; and
(5) That providing for the expansion and acceleration of
transportation financing using innovative financing mechanisms will
add to the convenience of the public and allow public and private
entities to have the greatest possible flexibility in contracting
with each other for the provision of the public services which are
the subject of this article.
§17-27-2. Definitions.
As used in this article, the following words and terms have the following meanings unless the context indicates another or
different meaning or intent:
(a) "Comprehensive agreement" means the comprehensive
agreement by and between a developer, the Commissioner of Highways,
and the responsible public entity required by section ten of this
article.
(b) "Developer" means the private entity that is responsible
for the acquisition, construction or improvement of a qualifying
transportation facility.
© "Division" means the Division of Highways.
(d) "Material default" means any default by the developer in
the performance of its duties under subsection (f), section eight
of this article that jeopardizes adequate service to the public
from a qualifying transportation facility and remains unremedied
after the responsible public entity has provided notice to the
developer and a reasonable cure period has elapsed.
(e) "Parkways" mean the Parkways, Economic Development and
Tourism Authority.
(f) "Private entity" means any natural person, corporation,
limited liability company, partnership, joint venture or other
private business entity.
(g) "Qualifying transportation facility" means one or more
transportation facilities acquired, constructed or improved by a
private entity pursuant to this article.
(h) "Responsible public entity" means the Division of Highways
or the Parkways, Economic Development and Tourism Authority as
appropriate.
(i) "Revenues" mean the user fees or service payments
generated by a qualifying transportation facility.
(j) "Service contract" means a contract entered into between
a public entity and a developer pursuant to section six of this
article.
(k) "Service payments" mean payments to the developer of a
qualifying transportation facility pursuant to a service contract.
(l) "State" means the State of West Virginia.
(m) "Transportation facility" means any public inland waterway
port facility, road, bridge, tunnel, overpass or existing airport
used for the transportation of persons or goods, and such
structures, equipment, facilities or improvements as are necessary
or incident thereto.
(n) "User fees" mean the rates, tolls, fees or other charges
imposed by the developer of a qualifying transportation facility
for use of all or a portion of the qualifying transportation
facility pursuant to the comprehensive agreement.
§17-27-3. Prerequisites for development.
Any private entity seeking authorization under this article to
acquire, construct or improve a transportation facility shall first
submit a conceptual proposal as set forth in section five of this article. The private entity may initiate the approval process
pursuant to subsections (a) and (b) of said section or the public
entity may alternatively request proposals pursuant to subsection
© of said section.
§17-27-4. Powers and duties of the responsible public entity.
In addition to the powers and duties set forth elsewhere in
this code, the responsible public entity may:
(a) Undertake one level of review for each proposal submitted
by a private entity in accordance with this article. The review
shall consist of the review by the responsible public entity of the
conceptual proposal: Provided, That expenses of the responsible
public entity incurred for review of proposal shall be repaid from
the fees provided in subsection (f), section six of this article.
The responsible public entity shall take into account at all times
the needs and funding capabilities of the state as a whole in terms
of transportation;
(b) Enter into agreements, contracts or other transactions
with any federal, state, county, municipal agency or private
entity;
© Act on behalf of the state and represent the state in the
planning, financing, development and construction of any
transportation facility for which solicited or unsolicited
proposals have been received in accordance with the provisions of
this article, with the concurrence of the affected public entity. Other public entities in this state shall cooperate to the fullest
extent with what the responsible public entity considers
appropriate to effectuate the duties of the responsible public
entity;
(d) Exempt from disclosure any sensitive business, commercial
or financial information that is not customarily provided to
business competitors that is submitted to the responsible public
entity for final review and approval;
(e) Exempt from disclosure any documents, communications or
information described in this section including, but not limited
to, the project's design, management, financing and other details
in accordance with the provisions of article one, chapter twenty-
nine-b of this code; and
(f) Do any and all things necessary to carry out and accomplish
the purposes of this article.
§17-27-5. Submission and review of conceptual proposals; approval by
the Commissioner of Highways.
(a) A private entity may submit any solicited or unsolicited
conceptual proposal for a transportation facility to the responsible
public entity for consideration. The conceptual proposal shall
include the following:
(1) A statement of the entity's qualifications and experience;
(2) A description of the proposed transportation facility;
(3) A description of the financing for the transportation facility; and
(4) A statement setting forth the degree of public support for
the proposed transportation facility, including a statement of the
benefits of the proposed transportation facility to the public and
its compatibility with existing transportation facilities.
(b) Following review by the responsible public entity of the
conceptual proposal, each responsible public entity shall submit to
the Commissioner of Highways the conceptual proposals and priority
ranking for their review for final selection.
© The conceptual proposal shall be accompanied by the following
material and information unless waived by the responsible public
entity with respect to the transportation facility or facilities that
the private entity proposes to develop as a qualifying transportation
facility:
(1) A topographic map (1:2,000 or other appropriate scale)
indicating the location of the transportation facility or facilities;
(2) A description of the transportation facility or facilities,
including the conceptual design of the facility or facilities and all
proposed interconnections with other transportation facilities;
(3) The projected total life-cycle cost of the transportation
facility or facilities and the proposed date for acquisition of or
the beginning of construction of, or improvements to, the
transportation facility or facilities;
(4) A statement setting forth the method by which the developer proposes to secure all property interests required for the
transportation facility or facilities. The statement shall include:
(A) The names and addresses, if known, of the current owners of
the property needed for the transportation facility or facilities;
(B) The nature of the property interests to be acquired; and
© Any property that the responsible public entity is expected to
be requested to condemn;
(5) Information relating to the current transportation plans, if
any, of each affected local jurisdiction;
(6) A list of all permits and approvals required for acquisition
or construction of or improvements to the transportation facility or
facilities from local, state or federal agencies and a projected
schedule for obtaining the permits and approvals;
(7) A list of public utility facilities, if any, that will be
crossed or affected by or as the result of the construction or
improvement of the public port transportation facility or facilities
and a statement of the plans of the developer to accommodate the
crossings or relocations;
(8) A statement setting forth the developer's general plans for
financing and operating the transportation facility or facilities;
(9) The names and addresses of the persons who may be contacted
for further information concerning the request;
(10) Information about the developer, including, but not limited
to, an organizational chart of the developer, capitalization of the developer, experience in the operation of transportation facilities
and references and a certificate of good standing evidencing that the
developer is in good standing with the State Tax Division, the
Workers' Compensation Commission and the Bureau of Employment
Programs; and
(11) Any additional material and information requested by the
Commissioner of Highways.
(d) The responsible public entity, with approval of the
Commissioner of Highways, may request proposals from private entities
for the acquisition, construction or improvement of transportation
facilities in a form and with the content determined by the
responsible public entity.
(e) The responsible public entity may consider any proposal for
the acquisition, construction or improvement of the transportation
facility or facilities as a qualifying transportation facility if it
is determined that it serves the public purpose of this article. The
responsible public entity may determine that the acquisition,
construction or improvement of the transportation facility or
facilities as a qualifying transportation facility serves a public
purpose if:
(1) There is a public need for the transportation facility of
the type the private entity proposes to operate as a qualifying
transportation facility;
(2) The transportation facility and the proposed interconnections with existing transportation facilities and the
developer's plans for development of the qualifying transportation
facility are reasonable and compatible with the state transportation
plan and with the local comprehensive plan or plans;
(3) The estimated cost of the transportation facility or
facilities is reasonable in relation to similar facilities;
(4) The acquisition, construction or improvement, or the
financing of the transportation facilities does not involve any
moneys from the State Road Fund: Provided, That there may not be
taken into account in calculating the amount dedicated as set forth
in this subdivision any additional amounts specifically appropriated
from state General Revenue Funds or, in the discretion of the
division, federal funds specifically earmarked in a federal
appropriations bill for a transportation facility to be acquired,
constructed or equipped pursuant to this article;
(5) The use of federal funds in connection with the financing
of a qualifying transportation facility has been determined by the
division to be compatible with the state transportation plan and with
the local comprehensive plan or plans; and
(6) The private entity's plans will result in the timely
acquisition or construction of or improvements to the transportation
facility for their more efficient operation and that the private
entity's plans will result in a more timely and economical delivery
of the transportation facility than otherwise available under existing delivery systems.
(f) Notwithstanding any provision of this article to the
contrary, the recommendation of the responsible public entity to the
Commissioner of Highways is subject to: (i) The private entity's
entering into a comprehensive agreement with the responsible public
entity and the division; and (ii) with respect to transportation
facilities, the requirement that public information dissemination
with regard to any proposal under consideration comply with the
public entity's policy on the public involvement process, as revised.
(g) In connection with its approval of the development of the
transportation facility as a qualifying transportation facility, the
responsible public entity shall establish a date for the acquisition
of or the beginning of construction of or improvements to the
qualifying transportation facility. The responsible public entity
may extend that date.
(h) Selection by the Commissioner of Highways.
(1) Upon presentations of proposals received by each responsible
public entity, the commissioner shall make his or her decision for
the project.
(2) The commissioner shall notify the responsible public entity
and the public of the final selection for the project.
§17-27-6. Service contracts.
In addition to any authority otherwise conferred by law, any
public entity may contract for services to be provided for a qualifying transportation facility in exchange for service payments
and other consideration as the responsible public entity determines
appropriate.
§17-27-7. Dedication of public property.
Any public entity may dedicate any property interest that it has
for public use as a qualified transportation facility if it finds it
will serve the public purpose of this article. In connection with
the dedication, a public entity may convey any property interest that
it has to the developer, by contract, for any consideration
determined by the public entity. This consideration may include,
without limitation, the agreement of the developer to develop the
qualifying transportation facility. No real property may be
dedicated by a public entity pursuant to this article unless all
other public notice and comment requirements are met.
§17-27-8. Powers and duties of the developer.
(a) The developer has all power allowed by law generally to a
private entity having the same form of organization as the developer
and may acquire, construct or improve the qualifying transportation
facility and impose user fees in connection with the use of the
facility. No tolls or user fees may be imposed by the developer on
any existing interstate highway. Furthermore, no tolls or user fees
may be imposed by the developer on any free port, road, bridge,
tunnel or overpass unless the road, bridge, tunnel or overpass is
reconstructed to provide for increased capacity.
(b) The developer may own, lease or acquire any other right to
facilitate the development of the qualifying transportation facility.
© Any financing of the qualifying transportation facility may be
in the amounts and upon terms and conditions determined by the
developer. The developer may issue debt, equity or other securities
or obligations, enter into sale and leaseback transactions and secure
any financing with a pledge of, security interest in, or lien on, any
or all of its property, including all of its property interests in
the qualifying transportation facility.
(d) Subject to applicable permit requirements, the developer may
cross any canal or navigable watercourse as long as the crossing does
not unreasonably interfere with then current navigation and use of
the waterway.
(e) In developing the qualifying transportation facility, the
developer may:
(1) Make classifications according to reasonable categories for
assessment of user fees; and
(2) With the consent of the responsible public entity, make and
enforce reasonable rules to the same extent that the responsible
public entity may make and enforce rules with respect to a similar
transportation facility. The developer may, by agreement with
appropriate law-enforcement agencies, arrange for video enforcement
in connection with its toll collection activities.
(f) The developer shall:
(1) Acquire, construct or improve the qualifying transportation
facility in a manner that meets the engineering standards of:
(A) The authority for facilities operated and maintained by the
responsible public entity, in accordance with the provisions of the
comprehensive agreement; and
(B) The division, in accordance with the provisions of the
comprehensive agreement;
(2) Keep the qualifying transportation facility open for use by
the members of the public at all times after its initial opening upon
payment of the applicable user fees or service payments: Provided,
That the qualifying transportation facility may be temporarily closed
because of emergencies or, with the consent of the responsible public
entity, to protect the safety of the public or for reasonable
construction or maintenance procedures;
(3) Contract for the performance of all maintenance and
operation of the transportation facility through the responsible
public entity, using its maintenance and operations practices, until
the date of termination of the developer's duties as defined in the
comprehensive agreement;
(4) Cooperate with the responsible public entity in establishing
any interconnection with the qualifying transportation facility
requested by the responsible public entity;
(5) Remain in good standing with the State Tax Division, the
Workers' Compensation Commission and the Bureau of Employment Programs; and
(6) Comply with the provisions of the comprehensive agreement
and any service contract.
§17-27-9. Comprehensive agreement.
(a) Prior to acquiring, constructing or improving the qualifying
transportation facility, the developer shall enter into a
comprehensive agreement with the Commissioner of Highways and the
responsible public entity. The comprehensive agreement shall provide
for:
(1) Delivery of performance or payment bonds in connection with
the construction of or improvements to the qualifying transportation
facility, in the forms and amounts satisfactory to the Commissioner
of Highways and the responsible public entity;
(2) Review and approval of the final plans and specifications
for the qualifying transportation facility by the Commissioner of
Highways and the responsible public entity;
(3) Inspection of the construction of or improvements to the
qualifying transportation facility to ensure that they conform to the
engineering standards acceptable to the responsible public entity;
(4) Maintenance of a policy or policies of public liability
insurance or self-insurance, in a form and amount satisfactory to the
responsible public entity and the responsible public entity and
reasonably sufficient to insure coverage of tort liability to the
public and employees and to enable the continued operation of the qualifying transportation facility: Provided, That in no event shall
the insurance impose any pecuniary liability on the state, its
agencies or any political subdivision of the state. Copies of the
policies shall be filed with the Commissioner of Highways and the
responsible public entity accompanied by proofs of coverage;
(5) Monitoring of the maintenance and operating practices of the
developer by the responsible public entity and the taking of any
actions the responsible public entity finds appropriate to ensure
that the qualifying transportation facility is properly maintained
and operated;
(6) Itemization and reimbursement to be paid to the responsible
public entity for the review and any services provided by the
responsible public entity;
(7) Filing of appropriate financial statements on a periodic
basis;
(8) A reasonable maximum rate of return on investment for the
developer; and
(9) The date of termination of the developer's duties under this
article and dedication to the responsible public entity.
(b) The comprehensive agreement shall provide for user fees
established by agreement of the parties. Any user fees shall be set
at a level that, taking into account any service payments, allows the
developer the rate of return on its investment specified in the
comprehensive agreement. A copy of any service contract shall be filed with the Commissioner of Highways and the responsible public
entity. A schedule of the current user fees shall be made available
by the developer to any member of the public on request. In
negotiating user fees under this section, the parties shall establish
fees that are the same for persons using the facility under like
conditions and that will not unreasonably discourage use of the
qualifying transportation facility. The execution of the
comprehensive agreement or any amendment to the comprehensive
agreement constitutes conclusive evidence that the user fees provided
in the comprehensive agreement comply with this article. User fees
established in the comprehensive agreement as a source of revenues
may be in addition to, or in lieu of, service payments.
© In the comprehensive agreement, the responsible public entity,
with approval of the Commissioner of Highways, may agree to make
grants or loans to the developer, from time to time, from amounts
received from the state or federal government or any agency or
instrumentality of the state or federal government.
(d) The comprehensive agreement shall incorporate the duties of
the developer under this article and may contain any other terms and
conditions that the responsible public entity determines serve the
public purpose of this chapter. Without limitation, the
comprehensive agreement may contain provisions under which the
responsible public entity agrees to provide notice of default and
cure rights for the benefit of the developer and the persons specified in the comprehensive agreement as providing financing for
the qualifying transportation facility. The comprehensive agreement
may contain any other lawful terms and conditions to which the
developer, the Commissioner of Highways and the responsible public
entity mutually agree, including, without limitation, provisions
regarding unavoidable delays or provisions providing for a loan of
public funds to the developer to acquire, construct or improve one or
more qualifying transportation facilities.
(e) The comprehensive agreement shall provide for the deposit of
any earnings in excess of the maximum rate of return as negotiated in
the comprehensive agreement in the economic development project
bridge loan fund established pursuant to section eighteen-a, article
twenty-two, chapter twenty-nine of this code.
(f) Any changes in the terms of the comprehensive agreement,
agreed upon by the parties, shall be added to the comprehensive
agreement by written amendment.
§17-27-10. Federal, state and local assistance.
The responsible public entity, if appropriate, and with the
approval of the Commissioner of Highways may take any action to
obtain federal, state or local assistance for a qualifying
transportation facility that serves the public purpose of this
article and may enter into any contracts required to receive federal
assistance. The responsible public entity may determine that it
serves the public purpose of this article for all or any portion of the costs of a qualifying transportation facility to be paid,
directly or indirectly, from the proceeds of a grant or loan made by
the local, state or federal government or any agency or
instrumentality thereof.
§17-27-11. Material default; remedies.
(a) Except upon written agreement of the developer and any other
parties identified in the comprehensive agreement, a responsible
public entity may exercise, at its discretion, any or all of the
following remedies provided in this section or elsewhere in this
article to remedy any material default that has occurred or may
continue to occur.
(1) To elect to take over the transportation facility or
facilities and in that case it shall succeed to all of the right,
title and interest in the transportation facility or facilities,
subject to any liens on revenues previously granted by the developer
to any person providing financing for the facility or facilities and
the provisions of subsection (c) of this section;
(2) To exercise the power of condemnation to acquire the
qualifying transportation facility or facilities. Any person who has
provided financing for the qualifying transportation facility and the
developer, to the extent of its capital investment, may participate
in the condemnation proceedings with the standing of a property
owner;
(3) To terminate the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in
equity, subject only to the express limitations of the terms of the
comprehensive agreement; and
(4) To make or cause to be made any appropriate claims under the
performance or payment bonds required by this article.
(b) In the event the responsible public entity elects to take
over a qualifying transportation facility pursuant to subdivision
(1), subsection (a) of this section, the responsible public entity
may acquire, construct or improve the transportation facility, impose
user fees for the use of the transportation facility and comply with
any service contracts as if it were the developer. Any revenues that
are subject to a lien shall be collected for the benefit of, and paid
to, secured parties, as their interests may appear, to the extent
necessary to satisfy the developer's obligations to secured parties,
including the maintenance of reserves and the liens shall be
correspondingly reduced and, when paid off, released. Remaining
revenues, if any, after all payments to, or for the benefit of,
secured parties shall be paid to the developer, subject to the
negotiated maximum rate of return. The right to receive the payment,
if any, shall be considered just compensation for the transportation
facility or facilities. The full faith and credit of the responsible
public entity shall not be pledged to secure any financing of the
developer by the election to take over the qualifying transportation
facility. Assumption of development of the qualifying transportation facility shall not obligate the responsible public entity to pay any
obligation of the developer from sources other than revenues.
§17-27-12. No liability.
The full faith and credit of the state, or any county,
municipality or political subdivision of the state shall not be
pledged to secure any financing of the developer in connection with
the acquisition, construction or equipping of a qualifying
transportation facility.
§17-27-13. Condemnation.
(a) At the request of the developer, the responsible public
entity may exercise their power of condemnation that it has under
law for the purpose of acquiring any lands or estates or interests in
any lands or estates to the extent that the responsible public entity
finds that the action serves the public purpose of this article. Any
amounts to be paid in any condemnation proceeding shall be paid by
the developer.
(b) Until the responsible public entity has provided written
certification as to the existence of a material default under
subsection (a), section eleven of this article, the power of
condemnation may not be exercised against a qualifying transportation
facility.
§17-27-14. Utility crossings.
The developer and each county, municipality, public service
district, public utility, railroad and cable television provider whose facilities are to be crossed or affected shall cooperate fully
with the other in planning and arranging the manner of the crossing
or relocation of the facilities. Any entity possessing the power of
condemnation is expressly granted the powers in connection with the
moving or relocation of facilities to be crossed by the qualifying
transportation facility or that must be relocated to the extent that
the moving or relocation is made necessary or desirable by
construction of or improvements to the qualifying transportation
facility, which shall be construed to include construction of or
improvements to temporary facilities for the purpose of providing
service during the period of construction or improvement. Any amount
to be paid for the crossing, construction, moving or relocating of
facilities shall be paid for by the developer.
§17-27-15. Dedication of assets.
The responsible public entity shall terminate the developer's
authority and duties under this article on the date set forth in the
comprehensive agreement. Upon termination, the responsible public
entity and duties of the developer under this article cease and the
qualifying transportation facility shall be dedicated to the
responsible public entity for public use.
§17-27-16. Qualifying a transportation facility as a public
improvement.
For the purpose of establishing wages for the construction of
any qualifying transportation facility authorized under this article, all qualifying transportation facilities shall be considered public
improvements and wages shall be determined in accordance with section
three, article five-a, chapter twenty-one of this code. Competitive
bids shall be solicited by the private entity for each construction
contract in excess of fifty thousand dollars in total cost.
Competitive bids shall be solicited through publication of a Class II
legal advertisement, in compliance with the provisions of article
three, chapter fifty-nine of this code, and the publication area
shall be the county or municipality in which the transportation
facility is to be located. The advertisement shall also be published
as a Class II advertisement in a newspaper of general circulation
published in the city of Charleston. The advertisement shall solicit
sealed proposals for the construction of the transportation facility,
stating the time and place for the opening of bids. All bids shall
be publicly opened and read aloud. Construction contracts shall be
awarded to the lowest qualified responsible bidder who shall furnish
a sufficient performance or payment bond: Provided, That both the
responsible public entity and the private entity has the right to
reject all bids and solicit new bids for the construction contract.
The provisions of article one-c, chapter twenty-one of this code
apply to the construction of all qualifying transportation facilities
approved under this article.
§17-27-17. Exemption from taxation.
The exercise of the powers granted in this article will be in all respects for the benefit of the people of this state, for the
improvement of their health, safety, convenience and welfare and for
the enhancement of their residential, agricultural, recreational,
economic, commercial and industrial opportunities and is a public
purpose. As the construction, acquisition, improvement, operation
and maintenance of qualifying transportation facilities will
constitute the performance of essential governmental functions, a
developer shall not be required to pay any taxes or assessments upon
any qualifying transportation facility or any property acquired or
used by the developer under the provisions of this article or upon
the income therefrom, other than taxes collected from the consumer
pursuant to article fifteen, chapter eleven of this code.
§17-27-18. Construction.
The provisions of this article are remedial and shall be
liberally construed and applied so as to promote the purposes set out
in section one of this article.
§17-27-19. Severability.
If any section, part or provision of this article or the
application thereof to any person or circumstance is held
unconstitutional or invalid, such unconstitutionality or invalidity
shall not affect any other section, part or provision of this article
or its application and to this end the provisions of this article are
declared to be severable.
NOTE: The purpose of this bill is to establish the Public-Private Transportation Facilities Act of 2007 within the
Division of Highways.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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