H. B. 2015


(By Delegate Love)
[Introduced January 12, 1995; referred to the
Committee on Roads and Transportation then Finance.]




A BILL to amend and reenact section six-a, article three, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the state road fund; changing the state road allocation formula to provide that if a county is among the ten highest counties in the state with respect to motor vehicle registration per square mile, the county receives an additional allocation of twenty-five percent above its regular allocation; and granting the commissioner of highways certain powers with respect thereto.

Be it enacted by the Legislature of West Virginia:
That section six-a, article three, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. STATE ROAD FUND.

§17-3-6a. Allocation of funds for feeder and state local service roads.

On or before the first day of January of each year the state road commissioner shall ascertain and determine the total amount of available funds for expenditure in the whole state for the construction, reconstruction and maintenance of feeder and state local service roads during such annual period. Of the amount so ascertained, the commissioner may set aside as a reserve fund not to exceed twenty percent thereof, to be used and expended by him in his discretion in such manner as will best serve the interests of the state and the convenience of its inhabitants.
The remaining eighty percent, or, if such reserve fund is not set aside, then all the funds shall be appropriated in the following order and preference:
(1) Maintenance funds. -- To be allocated to the various counties on the basis of the mileage of various types of road surfaces:
(a) Paved surfaces of all types, such as brick, cement, concrete, bituminous, etc.
(b) Traffic-bound surfaces, such as slag, crushed stone, gravel, chert, red dog, shale, etc.
(c) Unimproved earth roads, by applying certain weights or percentages, based on past experience, to the various types of road surfaces.
(2) Construction and reconstruction. -- To be allocated to the various counties on the basis of the ratio of the unimproved mileage of feeder and state local service roads in the county to the total unimproved mileage of feeder and state local service roads in the state.
If any county is among the ten highest counties in the state in the number of motor vehicles registered per square mile, the commissioner shall allocate for maintenance, construction and reconstruction of roads in that county its proportionate share of moneys due under subdivisions (1) and (2) of this section, and also an additional amount that is twenty-five percent of the amount allocated under the aforesaid subdivisions (1) and (2).
For the purposes of this section, the words "unimproved mileage" are defined and shall be construed to mean means roads which are not passable for all-weather travel by motor vehicle.
All moneys received from the federal government for road construction or reconstruction shall be expended as provided, or as may hereafter be provided by act of Congress.




NOTE: This bill would change the state road allocation formula to provide that if a county is among the ten highest counties in the state in motor vehicle registrations per square mile, the county would receive an additional road allocation of 25% above its regular allocation.

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