HB2007 H
R&T AM #1 2-13
Reed
3253
The
Committee on
“ARTICLE 1. DEFINITIONS.
§17-1-3.
"Road"; "public road"; "highway".
(a) The words or terms "road", "public
road" or "highway" shall be deemed to include, but shall are not be limited to, the
right-of-way, roadbed and all necessary culverts, sluices, drains, ditches,
waterways, embankments, slopes, retaining walls, bridges, tunnels and viaducts
necessary for the maintenance of travel, dispatch of freight and communication
between individuals and communities; and such public road or highway shall
be taken to include includes any road to which the public has access
and which it is not denied the right to use, or any road or way leading from
any other public road over the land of another person, and which shall have
has been established pursuant to law. Any road shall be is
conclusively presumed to have been established when it has been used by the
public for a period of ten years or more, and public moneys or labor have been
expended thereon, whether there be is any record of its
conveyance, dedication or appropriation to public use or not. In the absence of
any other mark or record, the center of the traveled way shall be taken as the
center of the road and the right-of-way shall be designated therefrom an equal
distance on each side, but a road may be constructed on any part of the located
right-of-way when it is deemed considered advisable so to do.
(b) The Legislature notes that there are public highways
that run over the surface of this land, over and through the navigable streams,
rivers and waterways on this earth and above the surface of this earth in the
form of highways in the sky, commonly known as airways. The Legislature finds
that each of these types of public highways are essential to the development of
this state and that the health and safety of each of the citizens of this state
are affected daily by the availability of each of these three types of public
highways, and that it is the best interests of the people of this state that
each of these be recognized and included within the meaning of public highways.
The Legislature further recognizes that airports are an important and integral
part of the public highways existing above the surface of this state, and that
airports are necessary to access such highways, and therefore airports,
including runways, taxiways, parking ramps, access roads and air traffic
control facilities located at airports, are hereby declared to be part of the
public highway system of this state.
(c)
The
Legislature finds that a courtesy patrol program providing assistance to
motorists on the state's highways is one of a most beneficial public safety
service to residents of the state using public highways and serves as a showing
of the state's hospitality and good will to tourists visiting the state. For
that reason, on July 1, 2015:
(1) The administration
of the courtesy patrol program shall be transferred to the Division of Highways
and expenditures made by the division to fund the courtesy patrol program
providing assistance to motorists on the state's highways shall be made pursuant to appropriation of
the Legislature from the State Road Fund or as otherwise provided by law; and
(2) The administration of the special revenue account in
the State Treasury known as the Courtesy Patrol Fund shall be transferred to
administered by the Division of Highways. : Provided,
That any balances remaining in the Courtesy Patrol Fund at the end of fiscal
year 2015 shall be transferred and deposited into the Tourism Promotion Fund.
After the June 30, 2015, expenditures Expenditures from the Courtesy Patrol
Fund shall be used solely to fund the courtesy patrol program providing
assistance to motorists on the state's highways. Expenditures made by the
division to fund the courtesy patrol program providing assistance to motorists
on the state's highways shall be
made pursuant to appropriation of the Legislature from the State Road Fund or
as otherwise provided by law. Amounts
collected in the Courtesy Patrol Fund which are found, from time to time, to
exceed funds needed for the purposes set forth in this subdivision may be
transferred to other accounts or funds and redesignated for other purposes by
appropriation of the Legislature. Moneys paid into the fund may be derived from
the following sources:
(A) Any gifts, grants,
bequests, transfers, appropriations or other donations which may be received
from any governmental entity or unit or any person, firm, foundation,
corporation or other private entity;
(B) Any appropriations by
the Legislature which may be made for the purposes of this section; and
(C) All interest or other
return accruing to the fund.
Any moneys remaining in
the fund at the end of a fiscal year shall remain in the fund and be available
for expenditure during the ensuing fiscal year.
(d) Effective July 1, 2017:
(1) The provisions of subsection (c) of this section
expire and are no longer of any force and effect;
(1) The courtesy patrol
program is terminated;
(2) The Courtesy Patrol
Fund is abolished; and
(3) Any balances remaining
in the Courtesy Patrol Fund shall be transferred to the State Road Fund for
expenditure as provided by the Legislature.
ARTICLE 16A. WEST
VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY
§17-16A-6a. Parkways Authority prohibited from operating
courtesy patrol program
Notwithstanding any
provision of this code, the Parkways Authority may not operate a courtesy
patrol program providing assistance to motorists on a highway in connection
with any of its projects.”
Adopted
Rejected