Senate Bill No. 336
(By Senators Chafin, Wagner, Plymale and Craigo)
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[Introduced February 13, 1995; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact sections three, eleven and twenty-three, article sixteen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the West Virginia parkways, economic development and tourism authority; increasing its membership to thirteen members; providing that additional members represent the state at large; providing for the appointment, terms and qualifications of the additional members; and eliminating the requirement that certain projects be undertaken within seventy-five miles of the turnpike as it existed on the first day of June, one thousand nine hundred eighty-nine.

Be it enacted by the Legislature of West Virginia:
That sections three, eleven and twenty-three, 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-3. Dissolution and termination of West Virginia turnpike

commission; West Virginia parkways, economic development and tourism authority generally.

On and after the first day of June, one thousand nine hundred eighty-nine, the West Virginia turnpike commission is hereby abolished in all respects, and there is hereby created the "West Virginia Parkways, Economic Development and Tourism Authority," and by that name the parkways authority may sue and be sued and plead and be impleaded. The parkways authority is hereby constituted an agency of the state, and the exercise by the parkways authority of the powers conferred by this article in the construction, reconstruction, improvement, operation and maintenance of parkway, economic development and tourism projects shall be deemed and held to be an essential governmental function of the state.
The West Virginia parkways, economic development and tourism authority shall consist of ~~seven~~ thirteen members, including the transportation secretary, who shall serve as chairman of the parkways authority, ~~and~~ with six members, including no less than one from each of the counties which have land bordering parkway projects and six members selected from other counties of the state to represent the interests of the state at large who shall be appointed by the governor, by and with the advice and consent of the Senate. The appointed members shall be residents of the state, and shall have been qualified electors therein for a period of at least one year next preceding their appointment. ~~Upon the effective date of this legislation, the governor shall forthwith appoint six members of the parkways authority for staggered terms.~~ The six parkways authority members ~~first taking~~ in office on ~~or after~~ the effective date of this legislation shall expire as designated by the governor at the time of the nomination, one at the end of the first year, one at the end of the second year, one at the end of the third year, one at the end of the fifth year, one at the end of the sixth year, and one at the end of the seventh year, after the first day of June, one thousand nine hundred eighty-nine continue to hold office for the staggered term for which he or she was appointed. The six members appointed to represent the state at large shall also be appointed by the governor for staggered terms which expire as designated by the governor to coincide with the terms of the current members of the authority at the time of the nomination, as follows: (a) One at the end of the first year; (b) one at the end of the second year; (c) one at the end of the third year; (d) one at the end of the fifth year; (e) one at the end of the sixth year; and (f) one at the end of the seventh year. As these original appointments expire, each subsequent appointment shall be for a full eight-year term. Any member whose term has expired shall serve until his successor has been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment. The term of any person serving as a member of the West Virginia turnpike commission immediately preceding the effective date of this legislation shall cease and otherwise expire upon such effective date: ~~Provided,~~ ~~That any such member shall be eligible for reappointment.~~ Each appointed member of the parkways authority before entering upon his duties shall take an oath as provided by section five of article IV of the Constitution of the state of West Virginia.
The parkways authority shall elect one of the appointed members as vice chairman, and shall also elect a secretary and treasurer who need not be members of the parkways authority. ~~Four~~ Seven members of the parkways authority shall constitute a quorum and the vote of a majority of members present shall be necessary for any action taken by the parkways authority. No vacancy in the membership of the parkways authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the parkways authority. The parkways authority shall meet at least monthly and either the chairman or any four members shall be empowered to call special meetings for any purpose or purposes: Provided, That notice of any such meeting shall be given to all members of the parkways authority not less than ten days prior to said special meetings.
Before the issuance of any parkway revenue bonds or revenue refunding bonds under the provisions of this article, each appointed member of the parkways authority shall execute a surety bond in the penal sum of twenty-five thousand dollars and the secretary and treasurer shall execute a surety bond in the penal sum of fifty thousand dollars, each such surety bond to be conditioned upon the faithful performance of the duties of his office, to be executed by a surety company authorized to transact business in the state of West Virginia as surety and to be approved by the governor and filed in the office of the secretary of state.
The members of the parkways authority shall not be entitled to compensation for their services, but each member shall be reimbursed for his actual expenses necessarily incurred in the performance of his duties. All expenses incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article and no liability or obligation shall be incurred by the parkways authority hereunder beyond the extent to which moneys shall have been provided under the authority of this article.

§17-16A-11. Parkway revenue bonds -- West Virginia Turnpike;
related projects.

The parkways authority is hereby authorized to provide by resolution, at one time or from time to time, for the issuance of parkway revenue bonds of the state in an aggregate principal amount not to exceed eighty-three million dollars for the purpose of paying: (i) All or any part of the cost of the West Virginia Turnpike, which cost may include, but not be limited to, an amount equal to the state funds used to upgrade the West Virginia Turnpike to federal interstate standards; and (ii) to the extent permitted by federal law, all or any part of the cost of any related parkway project. For purposes of this section eleven only, a "related parkway project" means any information center, visitors' center or rest stop, or any combination thereof, and any expressway, turnpike, trunkline, feeder road, state local service road or park and forest road which connects to or intersects with the West Virginia Turnpike, ~~and is located within seventy-five miles of said turnpike as it exists on the first day of June, one thousand nine hundred eighty-nine~~ or any subsequent expressway, trunkline, feeder road, state local service road or park and forest road constructed pursuant to this article: Provided, That nothing herein shall be construed as prohibiting the parkways authority from issuing parkway revenue bonds pursuant to section ten of this article for the purpose of paying all or any part of the cost of any such related parkway project: Provided, however, That none of the proceeds of the issuance of parkway revenue bonds under this section shall be used to pay all or any part of the cost of any economic development project, except as provided in section twenty-three of this article: Provided further, That nothing herein shall be construed as prohibiting the parkways authority from issuing additional parkway revenue bonds to the extent permitted by applicable federal law for the purpose of constructing, maintaining and operating any highway constructed in whole or in part with money obtained from appalachian regional commission so long as said highway connects to the West Virginia Turnpike. ~~as it existed as of the first day of June, one thousand nine hundred eighty-nine~~ Except as otherwise specifically provided in this section, the issuance of parkway revenue bonds pursuant to this section, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the parkways authority in respect of the same, shall be governed by the provisions of this article insofar as the same may be applicable.

§17-16A-23. Special highway fund; appropriations from fund.

(a) There is hereby created a special fund in the state treasury which shall be designated and known as the "West Virginia special highway fund." The special highway fund shall consist of: (i) All funds allocated and disbursed to the state department of highways by the parkways authority, including without limitation the proceeds of any parkway revenue bonds or revenue refunding bonds issued by the parkways authority pursuant to sections eleven, twenty-one or twenty-two of this article, in repayment of the amount of state funds used to upgrade the West Virginia Turnpike to federal interstate standards: (ii) Any appropriations, grants, gifts, contributions or other revenues received by the special highway fund from any source; and (iii) all interest earned on moneys held in the fund. When any funds are received by the state department of highways from the parkways authority pursuant to this section, they shall be paid into the state treasury by the commissioner of the department of highways and credited to the special highway fund, and shall be disbursed in the manner set forth in subsections (b) and (c) of this section. The special highway fund shall not be treated by the auditor and treasurer as part of the state road fund or as part of the general revenues of the state.
(b) The governor shall have the authority to transfer to the insurance fund created in section eight, article fifteen, chapter thirty-one of this code, on any date or dates after the enactment of this section, up to thirty-five million dollars of the funds received or earned by the special highway fund, which funds may be used and applied by the West Virginia economic development authority in the manner and to the extent set forth in article fifteen of said chapter thirty-one. On or before the thirty-first day of December, one thousand nine hundred ninety-four, the economic development authority shall retransfer to the special highway fund the thirty-five million dollars advanced to the insurance fund pursuant to this section. All interest earned on the thirty-five million dollars while being held in the insurance fund shall remain in, and be the property of, said insurance fund: Provided, That on and after the first day of July, one thousand nine hundred ninety-two, the governor shall have the authority to transfer six million dollars from the insurance fund created in section eight, article fifteen, chapter thirty-one of this code to a special fund hereby created in the state treasury and designated "the West Virginia economic development fund." Expenditures from the fund are to be made only in accordance with appropriations by the Legislature.
(c) Upon the transfer of thirty-five million dollars to the insurance fund as provided in subsection (b) of this section, the Legislature shall annually appropriate all or any part of the balance of the funds deposited in the special highway fund for the construction, reconstruction, improvement, maintenance or repair of any parkway project or projects: Provided, That all of such funds shall be appropriated to: (i) The upgrading or addition of interchanges; (ii) the construction of expressways or feeder roads; or (iii) the upgrading or construction of information centers, visitors' centers, rest stops, or any combination thereof, and that all such feeder roads, expressways, interchanges, information centers, visitors' centers or rest stops shall connect to the West Virginia Turnpike and ~~be within seventy-five air miles of the West Virginia Turnpike as it existed on the effective date of this legislation, or~~ any subsequent expressway, turnpike or feeder road constructed pursuant to this ~~subsection~~ article. The appropriation of funds pursuant to this ~~subsection~~ article shall be expended on more than one project.

NOTE: The purpose of this bill is to expand the membership of the West Virginia parkways, economic development and tourism authority to thirteen members. The six additional members are appointed to represent the state at large. The bill provides for the appointment, terms and qualifications of the additional members and it eliminates the requirement that certain projects be undertaken within seventy-five miles of the turnpike as it existed on the first day of June, one thousand nine hundred eighty-nine.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.