ENGROSSED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 653
(By Senators Love, Ross, Caldwell, Facemyer, Anderson, Edgell,
Kessler, Minard, Mitchell, Hunter, Rowe, Oliverio, Redd, Sprouse,
McCabe and Sharpe
)
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[Originating in the Committee on Finance;
reported April 4, 2001.]
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A BILL to amend and reenact sections thirteen and eighteen-a,
article sixteen-a, chapter seventeen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to the parkways authority; allocating money for
king coal highway, the coalfields expressway and route 2; and
exempting state school buses, law-enforcement vehicle and
emergency services vehicles operating on the West Virginia
turnpike from all toll fee charges.
Be it enacted by the Legislature of West Virginia:
That sections thirteen and eighteen-a, article sixteen-a, chapter seventeen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16A-13. Tolls, rents, fees, charges and revenues; competitive
bidding on contracts.
(a) (1) The parkways authority is hereby authorized to may
fix, revise, charge and collect tolls for the use of each parkway
project and the different parts or sections thereof of the project,
and to fix, revise, charge and collect rents, fees, charges and
other revenues, of whatever kind or character, for the use of each
economic development project or tourism project, or any part or
section thereof of the project, and to contract with any person,
partnership, association or corporation desiring the use of any
part thereof of the project, including the right-of-way adjoining
the paved portion, for placing thereon telephone, telegraph,
electric light, power or other utility lines, gas stations,
garages, stores, hotels, restaurants and advertising signs, or for
any other purpose except for tracks for railroad or railway use,
and to fix the terms, conditions, rents and rates of charges for
such the use. Such The tolls, rents, fees and charges shall be so
fixed and adjusted in respect of the aggregate of tolls, or in respect of the aggregate rents, fees and charges, from the project
or projects in connection with which the bonds of any issue shall
have been issued as to provide a fund sufficient with other
revenues, if any, to pay: (A) The cost of maintaining, repairing
and operating such the project or projects; and (B) the principal
of and the interest on such the bonds as the same bonds shall
become due and payable, and to create reserves for such those
purposes. Such The tolls, rents, fees and other charges shall are
not be subject to supervision or regulation by any other
commission, board, bureau, department or agency of the state. The
tolls, rents, fees, charges and all other revenues derived from the
project or projects in connection with which the bonds of any issue
shall have been issued, except such the part thereof as may be
necessary to pay such the cost of maintenance, repair and operation
and to provide such the reserves therefor as may be provided for in
the resolution authorizing the issuance of such the bonds or in the
trust agreement securing the same bonds, shall be set aside at such
the regular intervals as may be provided in such the resolution or
such the trust agreement in a sinking fund which is hereby pledged
to, and charged with, the payment of: (i) The interest upon such
the bonds as such and any interest shall fall that falls due; (ii)
the principal of such the bonds as the same bonds shall fall due;
(iii) the necessary charges of paying agents for paying principal and interest; and (iv) the redemption price or the purchase price
of bonds retired by call or purchase as therein provided in the
resolution or trust fund. The use and disposition of moneys to the
credit of such the sinking fund shall be is subject to the
provisions of the resolution authorizing the issuance of such the
bonds or of such the trust agreement. Except as may otherwise be
provided in such the resolution or such the trust agreement, such
the sinking fund shall be a fund for all such bonds without
distinction or priority of one over another. The moneys in the
sinking fund, less such the reserve as may be provided in such the
resolution or trust agreement, if not used within a reasonable time
for the purchase of bonds for cancellation as above provided in
this subsection, shall be applied to the redemption of bonds at the
redemption price then applicable.
(2) (A) In fiscal year one thousand nine hundred ninety-eight
two thousand two, after the parkways authority has met or provided
for the satisfaction of each requirement imposed by the provisions
of subdivision (1) of this subsection, the parkways authority shall
pay two hundred fifty thousand dollars to the Hatfield-McCoy
regional recreation authority one million five hundred thousand
dollars to the King Coal Highway and Coal Fields Expressway and one
million five hundred thousand dollars to route 2 from any remaining
balance of revenues received from economic development projects and tourism projects.
(B) Upon the effective date of this act, the parkways
authority shall seek authorization from the federal highway
administration, the state department of transportation and the
trustee under any trust indenture or agreement existing as the
result of the issuance of any revenue bonds under the provisions of
this article to issue additional revenue bonds in a total amount
not to exceed six million dollars for the purpose of funding
projects of the Hatfield-McCoy regional recreation authority. Upon
the agreement of all of such the entities that the parkways
authority be authorized to do so, as certified to the parkways
authority, the governor and the joint committee on government and
finance, the parkways authority is authorized to may issue
additional revenue bonds in a total amount not to exceed six
million dollars. The proceeds of the revenue bonds shall be used
to fund projects of the Hatfield-McCoy regional recreation
authority. Each issuance of such revenue bonds and the application
of the proceeds thereof shall be of the revenue bonds are subject
to each condition, restriction or other provision of this article
applicable to the issuance of parkway revenue bonds. In the event
the agreement is not certified as required by this subsection, and
until the same agreement is certified, the parkways authority shall
pay two hundred fifty thousand dollars to the Hatfield-McCoy regional recreation authority in the fiscal year ending the
thirtieth day of June, two thousand, and in each fiscal year
thereafter, for a total of four consecutive years, for the purpose
of funding projects of the Hatfield-McCoy regional recreation
authority. These amounts shall be paid in quarterly installments
from remaining balances in each such fiscal year of revenues
received from economic development projects and tourism projects as
determined in the manner provided in paragraph (A) of this
subdivision.
(b) The parkways authority shall cause, as soon as it is
legally able to do so, all contracts to which it is a party and
which relate to the operation, maintenance or use of any
restaurant, motel or other lodging facility, truck and automobile
service facility, food vending facility or any other service
facility located along the West Virginia turnpike, to be renewed on
a competitive bid basis. All contracts relating to any facility or
services entered into by the parkways authority with a private
party with respect to any project constructed after the effective
date of this legislation shall be let on a competitive bid basis
only. If the parkways authority receives a proposal for the
development of a project, such the proposal shall be made available
to the public in a convenient location in the county wherein in
which the proposed facility may be located. The parkways authority shall publish a notice of the proposal by a Class I legal
advertisement in accordance with the provisions of article three,
chapter fifty-nine of this code. The publication area shall be the
county in which the proposed facility would be located. Any
citizen may communicate by writing to the parkways authority his or
her opposition to or approval to such the proposal within a period
of time not less than forty-five days from the publication of the
notice. No contract for the development of a project may be
entered into by the parkways authority until a public hearing is
held in the vicinity of the location of the proposed project with
at least twenty days' notice of such the hearing by a Class I
publication pursuant to section two, article three, chapter fifty-
nine of this code. The parkways authority shall make written
findings of fact prior to rendering a decision on any proposed
project. All studies, records, documents and other materials which
are considered by the parkways authority in making such the
findings shall be made available for public inspection at the time
of the publication of the notice of public hearing and at a
convenient location in the county where the proposed project may be
located. The parkways authority shall promulgate rules in
accordance with chapter twenty-nine-a of this code for the conduct
of any hearing required by this section. Persons attending any
such hearing shall be afforded a reasonable opportunity to speak and be heard on the proposed project.
§17-16A-18a. Corridor "L" toll fees authorized; commuter pass;
school bus exemption; annual report.
(a) The parkways authority is hereby authorized to may operate
the currently existing toll collection facility located at the
interchange of U. S. route 19 (corridor "L") and said the turnpike
subject to the following:
(1) The toll fee charges by the parkways, economic development
and tourism authority at its toll facilities located at the
interchange of U. S. route 19 (corridor "L") and said the turnpike
shall not exceed those toll charges levied and collected by the
authority at said the interchange as of the first day of January,
one thousand nine hundred ninety, and hereafter, no proposed
increase in such the toll fees shall be implemented by the parkways
authority unless the authority shall have has first complied with
validly promulgated and legislatively approved rules and
regulations pursuant to the applicable provisions of chapter
twenty-nine-a of this code;
(2) As soon as reasonably possible after the effective date of
this legislation, but in no event later than the first day of July,
one thousand nine hundred ninety, The authority shall establish,
advertise, implement and otherwise make generally available to all
qualified members of the public, resident or nonresident, a system of commuter passes, in a form to be determined by the authority:
Provided, That said the system of commuter passes shall, at a
minimum, permit the holder of such the pass or passes, after paying
the applicable fee to the authority, to travel through the U. S.
route 19 (corridor "L") turnpike interchange and toll facilities on
an unlimited basis, without additional charge therefor, for a
period of one year after the issuance of said the
commuter pass or
passes: Provided, however, That the cost for such the commuter
pass or passes shall in no event aggregate more than five dollars
per year for a full calendar year of unlimited travel through the
U. S. route 19 (corridor "L") turnpike interchange toll facilities.
To the extent required or necessary, the parkways authority is
further hereby authorized and empowered, in addition to the extent
previously authorized and empowered pursuant to section six and
section thirteen-b, article sixteen-a of this chapter, to may
promulgate rules in accordance with chapter twenty-nine-a of this
code with regard to the implementation of proposed future toll
increases at the U. S. route 19 (corridor "L") turnpike toll
facility;
(3) The system of commuter passes implemented in accordance
with the provisions of subdivision (2), subsection (a), above of
this section, shall be available only for use when operating or
traveling in a Class A motor vehicle as herein defined in this section. Whoever shall Any person who knowingly or intentionally
utilize uses any commuter pass issued in accordance with this
section while operating other than a Class A motor vehicle, as
herein defined in this section, at the U. S. route 19 (corridor
"L") turnpike toll facility, or any other toll facility at or upon
which such the pass may later be usable, shall be guilty of a
misdemeanor and, for every such offense shall, upon conviction
thereof, be punished in accordance with the provisions of section
seventeen, article sixteen-a of this chapter; and the parkways
authority shall hereafter be authorized and empowered to may cancel
any such commuter pass or passes improperly used in accordance with
this section;
(4) In addition to the annual report required by section
twenty-six of this article, the parkways authority will shall
prepare and deliver to the governor, the speaker of the House of
Delegates and the president of the Senate a separate annual report
of toll revenues collected from the U. S. route 19 (corridor "L")
turnpike toll facility. The report shall disclose separately the
toll revenues generated from regular traffic and the commuter pass
created herein in this section. The reports shall include, but not
be limited to, disclosing separately the expenditure of said the
toll revenues generated from the U. S. route 19 (corridor "L")
turnpike toll facility including a description of the purposes for which such the toll revenues are expended;
(5) In the event any court of competent jurisdiction shall
issue issues an order which adjudges that any portion of
subdivision (1), (2) or (3), subsection (a) of this section is
illegal, unconstitutional, unenforceable or in any manner invalid,
the parkways authority shall discontinue, remove and not otherwise
relocate the U. S. route 19 (corridor "L") turnpike toll facility
within three hundred sixty-five days after the date upon which said
the court order is final or all appeals to said the order have been
exhausted;
(6) For the purpose of this section, a Class A vehicle shall
be defined as means a motor vehicle of passenger type and truck
with a gross weight of not more than eight thousand pounds and
registered or eligible for registration as a Class A vehicle in
accordance with section one, article ten, chapter seventeen-a of
this code as the same is currently constituted; and
(7) Notwithstanding any other provisions of the code to the
contrary, the parkways authority may not promulgate emergency rules
in accordance with section fifteen, article three, chapter
twenty-nine-a of this code to increase or decrease toll fees or the
commuter pass fee established herein in this section.
(b) Nothing in this section is to be construed to apply to,
regulate, or in any manner affect the operation of the three main line toll barriers and toll collection facilities currently located
on the West Virginia turnpike and operated by the parkways
authority as Barrier A, Barrier B and Barrier C (I-64, I-77).
(c) Notwithstanding any provision in this article to the
contrary, beginning the first day of July, two thousand one, the
parkways authority shall exempt state county school buses, law-
enforcement vehicles and emergency services vehicles operating on
the turnpike from all toll fee charges.
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