H. B. 2561



(By Delegates J. Martin, Collins, Love, Bennett and Everson)

(Introduced February 20, 1995; referred to the

Committee on Government Organization.)





A BILL to amend and reenact section one, article sixteen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to parkway, economic development and tourism projects of the West Virginia parkways, economic development and tourism authority; prohibiting contracts limiting the right of artists, artisans and craftsmen to a free market for their wares.

Be it enacted by the Legislature of West Virginia:

That section one, article sixteen-a, 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 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.

§17-16A-1. Constructing, operating, financing, etc., parkway, economic development and tourism projects; limitation on certain contracts.

(a) In order to remove the present handicaps and hazards on the congested highways and roads in the state of West Virginia, to facilitate vehicular traffic throughout the state, to promote and enhance the tourism industry and to develop and improve tourist facilities and attractions in the state, to promote the agricultural, economic and industrial development of the state, and to provide for the construction of modern express highways including center divisions, ample shoulder widths, longsight distances, the bypassing of cities, multiple lanes in each direction and grade separations at all intersections with other highways and railroads, to provide for the development, construction, improvement and enhancement of state parks, tourist facilities and attractions, and to provide for the improvement and enhancement of state parks presently existing, the West Virginia parkways, economic development and tourism authority (hereinafter created) is hereby authorized and empowered to construct, reconstruct, improve, maintain, repair and operate parkway projects, economic development projects and tourism projects (as those terms are hereinafter defined in section five of this article) at such locations as shall be approved by the state department of transportation, and to issue parkway revenue bonds of the state of West Virginia, payable solely from revenues, to pay the cost of such projects.
(b) No parkway project, economic development project or tourism project entering into any contract for the marketing, distribution or sales of West Virginia arts and crafts may require, by the terms of that contract, that any artist, artisan, or craftsman shall relinquish any right to sell his or her wares on the open market, or may require that any gift shop or retail establishment shall relinquish any right to purchase West Virginia arts and crafts on the open market from West Virginia artists, artisans and craftsmen or local or regional crafts cooperatives. The provisions of article eighteen, chapter forty- seven of this code are specifically made applicable to such projects.
NOTE: The purpose of this bill is to prohibit parkways, economic development and tourism projects from limiting free market access for West Virginia artists, artisans and craftsmen.