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Introduced Version House Bill 2027 History

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WEST virginia legislature

2017 regular session

Introduced

House Bill 2027

By Delegate Gearheart

[Introduced February 8, 2017; Referred
to the Committee on Roads and Transportation then Finance
]

A BILL to amend and reenact §15-2-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact  §17-16A-10 and §17-16A-18 of said code, all relating to providing for the transfer of ownership, operation and maintenance of certain assets of the West Virginia Parkways Authority to the Division of Highways; reimbursement to the West Virginia State Police for performance of police duties on the West Virginia Turnpike after the transfer; requiring that the parkways authority bring the West Virginia Turnpike into compliance with Division of Highways standards by June 30, 2019; requiring assessments of the turnpike by the Division of Highways to identify certain deficiencies; requiring the division to report its findings upon the assessments to the Joint Committee on Government and Finance and the Governor; requiring the division to certify certain findings upon the assessments to the Joint Committee on Government and Finance and the Governor; requiring certain bonded indebtedness of the Parkways Authority to be satisfied by June 30, 2019; prohibiting new bonds from being issued; directing the Governor to issue a proclamation  upon  finding that certain bonded indebtedness obligations are satisfied and certain other conditions are met and directing the transfer of certain assets and employees of the Parkways Authority be transferred to the Division of Highways; providing for employees of the Parkways Authority whose positions are eliminated as result of the transfer; requiring certain moneys be used for operation and maintenance of, and for the provision of police services by the West Virginia State Police on the West Virginia Turnpike; cessation of tolls and removal of toll collection facilities; providing an exception; establishing the “Turnpike Transition Fund”; funding sources and administration of the fund; providing that all obligations and responsibilities of the parkways authority for the West Virginia Turnpike cease and remaining assets be transferred to Division of Highways on or before June 30, 2020;  and authorizing rule-making.

Be it enacted by the Legislature of West Virginia:


That §15-2-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §17-16A-10 and §17-16A-18 of said code be amended and reenacted, all to read as follows:

CHAPTER 15.  PUBLIC SAFETY.

ARTICLE 2.  WEST VIRGINIA STATE POLICE.

§15-2-12. Mission of the State Police; powers of superintendent, officers and members; patrol of turnpike.


(a) The West Virginia State Police shall have the mission of statewide enforcement of criminal and traffic laws with emphasis on providing basic enforcement and citizen protection from criminal depredation throughout the state and maintaining the safety of the state's public streets, roads and highways.

(b) The superintendent and each of the officers and members of the division are hereby empowered:

(1) To make arrests anywhere within the state of any persons charged with the violation of any law of this state, or of the United States, and when a witness to the perpetration of any offense or crime, or to the violation of any law of this state, or of the United States, to make arrests without warrant; to arrest and detain any persons suspected of the commission of any felony or misdemeanor whenever a complaint is made and a warrant is issued thereon for the arrest, and the person arrested shall be immediately brought before the proper tribunal for examination and trial in the county where the offense for which the arrest has been made was committed;

(2) To serve criminal process issued by any court or magistrate anywhere within this state: Provided, That they may not serve civil process; and

(3) To cooperate with local authorities in detecting crime and in apprehending any person or persons engaged in or suspected of the commission of any crime, misdemeanor or offense against the law of this state, or of the United States, or of any ordinance of any municipality in this state; and to take affidavits in connection with any application to the Division of Highways, Division of Motor Vehicles and of West Virginia State Police for any license, permit or certificate that may be lawfully issued by these divisions of state government.

(c) Members of the West Virginia State Police are hereby designated as forest patrolmen and natural resources police officers throughout the state to do and perform any duties and exercise any powers of forest patrolmen and natural resources police officers, and may apprehend and bring before any court or magistrate having jurisdiction of these matters, anyone violating any of the provisions of chapters twenty, sixty and sixty-one of this code. The West Virginia State Police is at any time subject to the call of the West Virginia Alcohol Beverage Control Commissioner to aid in apprehending any person violating any of the provisions of chapter sixty of this code. They shall serve and execute warrants for the arrest of any person and warrants for the search of any premises issued by any properly constituted authority, and shall exercise all of the powers conferred by law upon a sheriff. They may not serve any civil process or exercise any of the powers of an officer in civil matters.

(d) Any member of the West Virginia State Police knowing or having reason to believe that any person has violated the law may make complaint in writing before any court or officer having jurisdiction and procure a warrant for the offender, execute the warrant and bring the person before the proper tribunal having jurisdiction. The member shall make return on all warrants to the tribunals and his or her official title shall be "Member of the West Virginia State Police". Members of the West Virginia State Police may execute any summons or process issued by any tribunal having jurisdiction requiring the attendance of any person as a witness before the tribunal and make return thereon as provided by law. Any return by a member of the West Virginia State Police showing the manner of executing the warrant or process has the same force and effect as if made by a sheriff.

(e) Each member of the West Virginia State Police, when called by the sheriff of any county, or when directed by the Governor by proclamation, has full power and authority within the county, or within the territory defined by the Governor, to direct and command absolutely the assistance of any sheriff, deputy sheriff, chief of police, policeman, natural resources police officer and peace officer of the state, or of any county or municipality therein, or of any able-bodied citizen of the United States, to assist and aid in accomplishing the purposes expressed in this article. When called, any officer or person is, during the time his or her assistance is required, for all purposes a member of the West Virginia State Police and subject to all the provisions of this article.

(f)(1) The superintendent may also assign members of the division to perform police duties on any turnpike or toll road, or any section of any turnpike or toll road, operated by the West Virginia Parkways, Economic Development and Tourism Authority: Provided, That the authority shall reimburse the West Virginia State Police for salaries paid to the members and shall either pay directly or reimburse the division for all other expenses of the group of members in accordance with actual or estimated costs determined by the superintendent.

(2) The superintendent may also assign members of the division to perform police duties on the highway now known and designated as the West Virginia Turnpike after it is transferred to the Division of Highways pursuant to section eighteen, article sixteen-a, chapter seventeen of this code. The Division of Highways shall either partially or fully reimburse the West Virginia State Police for the cost of providing the police services in accordance with section eighteen, article sixteen-a, chapter seventeen of this code.

(g) The West Virginia State Police may develop proposals for a comprehensive county or multicounty plan on the implementation of an enhanced emergency service telephone system and may cause a public meeting on the proposals, all as set forth in section six-a, article six, chapter twenty-four of this code.

(h) By July 1, 1993, the superintendent shall establish a network to implement reports of the disappearance of children by local law-enforcement agencies to local school division superintendents and the State Registrar of Vital Statistics. The network shall be designed to establish cooperative arrangements between local law-enforcement agencies and local school divisions concerning reports of missing children and notices to law-enforcement agencies of requests for copies of the cumulative records and birth certificates of missing children. The network shall also establish a mechanism for reporting the identities of all missing children to the State Registrar of Vital Statistics.

(i) The superintendent may at his or her discretion and upon the written request of the West Virginia Alcohol Beverage Control Commissioner assist the commissioner in the coordination and enforcement of article sixteen, chapter eleven of this code and chapter sixty of this code.

(j) Notwithstanding the provisions of article one-a, chapter twenty of this code, the Superintendent of the West Virginia State Police may sell any surplus real property to which the West Virginia State Police or its predecessors retain title, and deposit the net proceeds into a special revenue account to be utilized for the purchase of additional real property and for repairs to or construction of detachment offices or other facilities required by the West Virginia State Police. There is hereby created a special revolving fund in the State Treasury which shall be designated as the "Surplus Real Property Proceeds Fund". The fund shall consist of all money received from the sale of surplus real property owned by the West Virginia State Police. Moneys deposited in the fund shall only be available for expenditure upon appropriation by the Legislature: Provided, That amounts collected which are found from time to time to exceed the funds needed for the purposes set forth in this subsection may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature.

(k) Notwithstanding any other provision of this code, the agency for surplus property is hereby empowered to transfer funds generated from the sale of vehicles, other equipment and commodities belonging to the West Virginia State Police to a special revenue account within the West Virginia State Police entitled the West Virginia State Police surplus transfer account. Moneys deposited in the fund shall only be available for expenditure upon appropriation by the Legislature: Provided, That amounts collected which are found from time to time to exceed the funds needed for the purposes set forth in this subsection may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature. Any funds transferred to this account may be utilized by the superintendent to defray the cost of normal operating needs of the division.

(l) If the State Police or any other law-enforcement agency in this state receives a report that a person who has Alzheimer's disease and related dementia is missing, the State Police or any other law-enforcement agency shall immediately open an investigation for the purpose of determining the whereabouts of that missing person. Any policy of the State Police or any other law-enforcement agency relating to a waiting period prior to initiation of an investigation of a missing person does not apply in the case of a person who has Alzheimer's disease or other related dementia of the type referred to in this subsection.

(m) Notwithstanding any provision of this code to the contrary, effective on and after July 1, 2007, the expenses and salaries paid to the members of the West Virginia State Police for the monitoring and enforcement duties defined in chapter seventeen-c of this code may not be paid from the State Road Fund or subject to reimbursement from the Division of Motor Vehicles but is subject to appropriation by the Legislature.

CHAPTER 17.  ROADS AND HIGHWAYS.

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

§17-16A-10. Parkway revenue bonds generally.


(a) The Parkways Authority is authorized to provide by resolution for the issuance of parkway revenue bonds of the state for the purpose of paying all or any part of the cost of one or more parkway projects: Provided, That this section shall not be construed as authorizing the issuance of parkway revenue bonds for the purpose of paying the cost of the West Virginia Turnpike, which parkway revenue bonds may be issued only as authorized under section eleven of this article: Provided, however, That no bonds may be issued or reissued following the reenactment of this section during the 2017 Regular Legislative Session.  The principal of and the interest on bonds shall be payable solely from the funds provided for payment.

(b) The bonds of each issue shall be dated, shall bear interest at a rate as may be determined by the Parkways Authority in its sole discretion, shall mature at a time not exceeding forty years from their date or of issue as may be determined by the Parkways Authority, and may be made redeemable before maturity, at the option of the Parkways Authority at a price and under the terms and conditions as may be fixed by the Parkways Authority prior to the issuance of the bonds.

(c) The Parkways Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company within or without the state.

(d) The bonds shall be executed by manual or facsimile signature by the chair of the Parkways Authority, and the official seal of the Parkways Authority shall be affixed to or printed on each bond, and attested, manually or by facsimile signature, by the secretary and treasurer of the Parkways Authority. Any coupons attached to any bond shall bear the manual or facsimile signature of the chair of the Parkways Authority.

(e) In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until delivery. In case the seal of the Parkways Authority has been changed after a facsimile has been imprinted on the bonds, then the facsimile seal will continue to be sufficient for all purposes.

(f) All bonds issued under the provisions of this article shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form, or both, as the Parkways Authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the recorders into coupon bonds of any bonds registered as to both principal and interest.

(g) The Parkways Authority may sell the bonds at a public or private sale at a price it determines to be in the best interests of the state.

(h) The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the parkway project or parkway projects for which the bonds were issued, and shall be disbursed in a manner consistent with the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds.

(i) If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than the cost, then additional bonds may in like manner be issued to provide the amount of the deficit. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds, the additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued.

(j) If the proceeds of the bonds of any issue exceed the cost of the parkway project or parkway projects for which the bonds were issued, then the surplus shall be deposited to the credit of the sinking fund for the bonds.

(k) Prior to the preparation of definitive bonds, the Parkways Authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The Parkways Authority may also provide for the replacement of any bonds that become mutilated or are destroyed or lost.

(l) Bonds may be issued under the provisions of this article without obtaining the consent of any department, division, commission, board, bureau or agency of the state in accordance with this article: Provided, That the Parkways Authority shall comply with the provisions of section twenty-eight, article one, chapter five of this code.


§17-16A-18.  Transfer of powers, duties, functions, assets, liabilities of parkways authority to the Division of Highways; cessation of tolls.


(a) Except as provided herein in this section, when all bonds issued under the provisions of this article in connection with any parkway project or projects and the interest thereon shall on those bonds secured by West Virginia Turnpike toll revenues have been paid or a sufficient amount for the payment of all such those bonds and the interest thereon on them to the their maturity thereof shall have has been set aside in trust for the benefit of the bondholders, such project or projects, if then in good condition and repair to the satisfaction of the Commissioner of the state Division of Highways, shall be transferred to the state Division of Highways and shall thereafter be maintained by the state Division of Highways free of tolls in accordance with this section.

(b) On or before June 30, 2019, the Parkways Authority shall bring the West Virginia Turnpike into compliance with all quality standards promulgated by the Division of Highways for interstate highways in this state. The Division of Highways shall conduct an initial assessment to determine compliance and identify any discrepancies that need to be corrected not later than January 1, 2018, and shall thereafter monitor all action to meet compliance requirements periodically to ensure that deficiencies are being corrected in order for the turnpike to be in compliance by June 30, 2019.  Upon identification of any deficiencies, the parkways authority shall make all reasonable efforts to correct the deficiencies on or before November 1, 2018. The Division of Highways shall thereafter conduct a follow-up assessment to determine whether or not the West Virginia Turnpike substantially complies with the quality standards.  The Commissioner of the Division of Highways shall submit a report of its findings and recommendations from the assessments to the Joint Committee on Government and Finance and the Governor on or before January 1, 2019. If the report finds that there is substantial compliance with the quality standards, the Division of Highways shall certify the findings of the same to the Joint Committee on Government and Finance and to the Governor on or before January 15, 2019.  If the report finds that there is not substantial compliance with the quality standards, the report shall identify all deficiencies that are preventing substantial compliance as material deficiencies and make a further finding on possible remedial action that can be taken to correct each of the material deficiencies together with: (1) An estimate of the time period and estimated date of when each of the material deficiencies can be corrected; and (2) whether or not there are adequate funds from all funding sources available, including the State Road Fund, to correct the material deficiencies on or before June 30, 2020. If the division further finds that there are adequate funds from all funding sources available to correct all material deficiencies by June 30, 2020, then the Division of Highways shall certify these findings to the Joint Committee on Government and Finance and that the West Virginia Turnpike can substantially comply with the quality standards promulgated by the Division of Highways by June 30, 2020.     

(c) On or before June 30, 2019, all bonded indebtedness of the Parkways Authority secured by West Virginia Turnpike toll revenues shall be paid and satisfied.

(d) Upon the full satisfaction of the bonded indebtedness of the Parkways Authority secured by West Virginia Turnpike toll revenues and upon certification pursuant to subsection (b) of this section that  the West Virginia Turnpike either: (1) Is in substantial compliance with; or (2) by June 30, 2020 can be in substantial compliance with the 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 in substantial compliance with the quality standards promulgated by the Division of Highways for interstate highways in this state and directing the immediate conveyance of the West Virginia Turnpike to the Division of Highways. The conveyance shall be made immediately upon the issuance of the proclamation and shall include, but not be limited to, the West Virginia Turnpike, buildings and land dedicated exclusively to its maintenance, current and future use, travel plaza buildings, roads and parking facilities, leasehold properties, all maintenance material and equipment assets specifically dedicated to its maintenance, and all records, maps, charts, schedules and plans relating to the West Virginia Turnpike.

(e) Upon the issuance of the proclamation and the completion of the conveyance provided in subsection (d) of this section:

(1) All obligations, indebtedness and other liabilities pertaining exclusively to the West Virginia Turnpike and other assets expressly described under subsection (d) 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 liquidate all publicly traded securities in its holdings and convey all of its monetary assets and accounts to the Division of Highways to be deposited in the "Turnpike Transition Fund", created in subsection (g) 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.

(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 in this section 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.

(b)(f) No later than February 1, 1990 On July 1, 2020 the Parkways Authority shall cease and discontinue all toll collection and the Division of Highways shall remove and not relocate all toll collection facilities on the West Virginia Turnpike as the same existed on June 1, 1989, except for the three main toll barriers and collection facilities and, provided solely that the provisions of section eighteen-a are complied with, including the toll collection facilities at the intersection of U.S. Route 19 (Corridor "L") and said the turnpike: Provided, That the bonds secured by West Virginia Turnpike toll revenues have been paid as scheduled.

(g) (1) 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 pursuant to subdivision (2), subsection (e) of this section.  The Parkways Authority shall also deposit all toll revenue received for the West Virginia Turnpike from the date of satisfaction of all bonded indebtedness until the date that tolling ceases.  The fund also consists of any other funds appropriated by the Legislature to assist in the transfer of assets, powers and duties of the Parkways Authority pursuant to this section to the Division of Highways and the State Road Fund, and the interest or other earnings on the moneys in the fund.

(2) The Commissioner of the Division of Highways shall administer the fund to:

(A) Provide for the costs of all West Virginia Turnpike operations and maintenance within the Division of Highways;

(B)  Pay either directly or to the parkways authority all costs and expenses necessary for toll collection and toll collections operations until June 30, 2020, and all administrative expenses necessarily incurred by the parkways authority incidental thereto, removal of the toll collection facilities and any other expenses necessarily incurred by the parkways authority or the Division of Highways related or incidental to the transfer of all of the assets and liabilities of the parkways authority to the Division of Highways; and 

(C) 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. 

(3) Balances in the fund at the end of any fiscal year shall not expire, but shall be expended for those purposes set forth in this subsection 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.

(h) All obligations and responsibilities of the Parkways Authority for any part or portion of the West Virginia Turnpike shall cease on June 30, 2020. On or before June 30, 2020, all property remaining in the possession of the Parkways Authority shall be transferred to the Division of Highways.

(i) The Commissioner of the Division of Highways and the Director of the Division of Personnel shall jointly propose rules for legislative approval 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.

(j) The Commissioner of the Division of Highways shall propose rules for legislative approval 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.




 

 

NOTE: The purpose of this bill is to provide for the transfer of ownership, operation and maintenance of certain assets of the West Virginia parkways authority, including the road now known as the West Virginia Turnpike to the Division of Highways. The bill also provides for the termination of the Parkways Authority after transfer of all of its assets to the Division of Highways on June 30, 2020.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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