SB479 SUB1
Senate Bill 479 History
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COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 479
(By Senator Chafin)
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[Originating in the Committee on Government Organization;
reported February 20, 2007.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17-10-1a, relating
to authorizing county commissions to expend county funds to
repair orphan roads, including, but not limited to, cemetery
roads, located in their respective counties under certain
circumstances; and granting authority to county commissions to
seek ownership of roads repaired or improved by the funds.
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 §17-10-1a, to read as
follows:
ARTICLE 10. COUNTY COURTS; MUNICIPALITIES; GENERAL AUTHORITY AND
DUTIES AS TO ROADS, ETC.
§17-10-1a. Authority to apply county funding to repair certain
orphan roads.
(a)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 roads, designated as orphan
roads pursuant to the provisions of article two-c of this chapter,
located within their respective counties.
(b) Prior to expending and applying county or privately
donated funds, the county commission shall unanimously find that a
compelling public need exists to repair or improve a particular
roadway 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.
(c) County commissions expending and applying money to repair
or improve roads pursuant to the provisions of this section shall
petition the Division of Highways to transfer ownership of the road
to the county commission.