HB2526 HR&T AM #1 2-2

            The Committee on Roads and Transportation moved to amend the bill on page seven, line fifteen, section four, by striking section four in its entirety and inserting in lieu thereof the following:

CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.

§17-16A-4. Transfer of powers, duties, functions, assets and liabilities of turnpike commission to parkways authority.

            (a) The duties, powers and functions of the West Virginia turnpike commission are hereby transferred to the parkways authority.

             (b) All obligations, indebtedness and other liabilities of, and all rights, assets and other property owned by or used in the administration of, the West Virginia turnpike commission as of June 1, 1989, and all personnel of said turnpike commission as of said date are hereby assumed by and transferred to the parkways authority, which is hereby constituted the successor in interest to said commission in all respects.

            (c) All books, papers, maps, charts, plans, literature and other records in the possession of the West Virginia turnpike commission as of June 1, 1989, shall be delivered or turned over to the parkways authority.

            (d) The unexpended balance of appropriations or other funds available for use of the West Virginia turnpike commission as of June 1, 1989, is hereby transferred to the parkways authority for the use of the parkways authority.

            (e) On or before June 30, 2019, all debt obligations held by the Parkways Authority shall be satisfied.

            (f) Upon the full satisfaction of the bond debt of the Parkways Authority and the completion and affirmative finding of a highway condition assessment measuring compliance with quality standards promulgated by the Division of Highways, the Governor shall issue a proclamation finding that the bond debt of the authority is fully satisfied and that the West Virginia Turnpike has been maintained at or above Division of Highways standards and directing the immediate conveyance of the West Virginia Turnpike, buildings and land dedicated exclusively to its maintenance, current and future use, except for the travel plaza buildings, roads and parking facilities and lease properties, all records, maps, charts, schedules and plans relating to the West Virginia Turnpike and all maintenance material and equipment assets not specifically dedicated to the maintenance of travel plazas to the Division of Highways.

            (g) Upon the issuance of the proclamation provided in subsection (f) of this section:

            (1) All obligations, indebtedness and other liabilities pertaining exclusively to the West Virginia Turnpike and other assets expressly described under subsection (f) of this section, as of the date of the proclamation, are hereby assumed by and transferred to the Division of Highways.

            (2) The Parkways Authority shall first liquidate all publicly traded securities in its holdings and convey all of its monetary assets to the Division of Highways to be deposited in the "Turnpike Transition Fund", created by subsection (i) of this section.

            (3) All the Parkways Authority employees dedicated to highway maintenance and upkeep shall be transferred to employment by the West Virginia Division of Highways.

            (4) All employees of the Parkways Authority dedicated to toll collection and toll collection operations shall remain employees of the Parkways Authority until the cessation of tolling as provided by section eighteen of this article.

            (5) Those full-time, permanent employees of the Parkways Authority that may be laid off by the Parkways Authority or the Division of Highways as of the date of cessation of tolling as provided by section eighteen of this article may apply for other positions filled under the classified service system, and shall be given five preference points in addition to the regular numerical score received on examination, having qualified for appointment by making a minimum passing grade. The Division of Personnel shall notify those full-time, permanent Parkways Authority employees who have been laid off at the date tolling ceases who have applied for examination for the classified service system of job postings for one year after their application has been scored. Notwithstanding any provision of this code to the contrary, the Parkways Authority shall, to the greatest extent practical, fill vacant toll collection and toll collection operations positions with temporary employees until the cessation of tolling on the West Virginia Turnpike.

            (h) There is hereby established a special fund in the State Treasury known as the "Parkways Authority Future Trust Fund." The fund shall be administered by the Auditor and shall consist of fifty percent of all toll revenue received by the West Virginia Turnpike from the date of satisfaction of all bonded indebtedness until the date of cessation of tolls as provided by section eighteen of this article, at which time the Auditor shall disburse the entire balance to the Division of Highways Turnpike Trust Fund created by subsection (i) of this section. Balances in the fund shall not be expended and at the end of any fiscal year shall not expire, but shall be retained for the Parkways Authority until tolling ceases.

            (i) There is hereby established a special fund in the State Treasury known as the "Turnpike Transition Fund." The fund shall be administered by the Commissioner of the Division of Highways and shall consist of monetary assets of the Parkways Authority to be received under subsections (g) and (h) of this section. The Parkways Authority shall also deposit fifty percent of all toll revenue received for the West Virginia Turnpike from the date of satisfaction of all bonded indebtedness until the date that tolling ceases in accordance with section eighteen of this article. The fund also consists of revenues provided in subsection (j) of this section and any other funds appropriated by the Legislature to assist the transition to the Division of Highways and the State Road Fund, and the interest or other earnings on the moneys in the fund. The Commissioner of the Division of Highways shall administer the fund to: (1) Provide for the costs of all West Virginia Turnpike operations and maintenance within the Division of Highways and; (2) pay directly or reimburse the West Virginia State Police for the costs of police services performed by members of the State Police assigned to the highway now known as the West Virginia Turnpike, including salaries and all other expenses incurred to provide the police services by its members so assigned, not to exceed $2 million per fiscal year, from the time the bonded indebtedness is paid in full until its transfer to the Division of Highways, and thereafter until January 1,2035, pursuant to section twelve, article two, chapter fifteen of this code. Balances in the fund at the end of any fiscal year shall not expire, but shall be expended for those purposes in ensuing fiscal years pursuant to appropriation by the Legislature. Upon the depletion of funds in the account, the subject roadways shall be supported by the State Road Fund and any other funds available to the Division of Highways for general maintenance and support.

            (j) All obligations and responsibilities of the Parkways Authority for any part or portion of the West Virginia Turnpike shall cease on June 30, 2020.

            (k) The Commissioner of the Division of Highways and the Director of the Division of Personnel shall jointly propose for legislative approval rules pursuant to article three, chapter twenty-nine-a of this code as may be necessary to provide for the evaluation, transition, termination, and reemployment of Authority and Division of Highways employees during the transition and to otherwise carry out the purposes of this article as they relate to personnel matters.

            (l) The Commissioner of the Division of Highways shall propose for legislative approval rules pursuant to article three, chapter twenty-nine-a of this code as may be necessary to carry out the purposes of this article as they relate to all matters not concerning personnel.;

            And,

            On page twelve, section ten, line two, following the words “Regular Legislative Session,”, by striking the words “except as provided in subsection (i) of this section”.