H. B. 2171
(By Delegate Gillespie)
[Introduced February 20, 1997; referred to the
Committee on Government Organization.]
A BILL to amend article sixteen-a, chapter seventeen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty, relating to the West Virginia parkways, economic
development and tourism authority; transfer of the
authority's economic development and promotion of tourism
functions to the development office of the bureau of
commerce; the abolition of the authority; elimination of
power to issue bonds; providing toll receipts continue to
pay existing bond indebtedness until elimination of debt or
provision of future funding source to finance existing debt;
dedication of future toll receipts to department of
highways; and sale and privatization of Tamarack.
Be it enacted by the Legislature of West Virginia:
That article sixteen-a, chapter seventeen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended by adding thereto a new section, designated section
thirty, to read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16A-30. Abolishment of Authority; transfer of powers and
economic development functions; toll receipts
and bond indebtedness; privatization of
Tamarack.
(a) Notwithstanding any provision of this code to the
contrary, on and after the first day of July, one thousand nine
hundred ninety-seven, the West Virginia parkways, economic
development and tourism authority is abolished and the following
powers and functions of the Authority shall be transferred as
follows: (1) All economic development functions heretofore
included in the powers and duties of the authority created by
this article shall be transferred to the council for community
and economic development under the authority of the West Virginia
development office, as established by article two, chapter five-b
of this code: Provided, That the transfer of functions included
in the powers and duties of the authority under this section does
not include the power to issue parkway revenue bonds as previously authorized by this article, nor to issue special
obligation bonds as heretofore provided for under this article,
both powers of which are hereby eliminated: Provided, however,
That any existing bond indebtedness incurred as the result of the
issuance of Parkway revenue bonds or special obligation bonds
shall continue to be financed from toll receipts obtained from
the operation of the West Virginia Turnpike until the time that
the indebtedness is eliminated or adequate funding of the debt is
provided for by other means; (2) all functions included in the
powers and duties of the authority directly involving the
promotion of tourism are transferred to the tourism commission
existing under the authority of the West Virginia Development
Office, created under section eight, article two, chapter five-b
of this code: Provided further, That in the event of any
uncertainty between the tourism commission and the council for
community and economic development concerning the nature of a
function, power or duty being directly related to the promotion
of tourism or not, it shall be the discretion and pleasure of the
governor to define the nature of the function, power or duty.
(b) Toll receipts heretofore collected by the authority
pursuant to its operation of the West Virginia Turnpike shall be
dedicated to the department of highways for the improvement and
expansion of roads and highways in this state: Provided, That the dedication may not take effect until such time as any
existing indebtedness incurred by the authority in the issuance
of parkway revenue bonds and special obligation bonds is
eliminated or an adequate source of funding is otherwise provided
for and dedicated to, the bond indebtedness.
(c) The facility heretofore known as "Tamarack" shall be
transferred to the public land corporation and offered for sale
by competitive bidding pursuant to the provisions of article
one-a, chapter twenty of this code.
NOTE: The purpose of this article is to transfer, effective
July 1, 1997, the economic development functions heretofore
provided by the Parkways, Economic Development and Tourism
Authority to the council for community and economic development
under the authority of the Development Office of the Bureau of
Commerce and to transfer the promotion of tourism functions to
the tourism commission, under the same authority. The bill also
abolishes the parkways authority and its power to issue bonds for
funding. It further provides that toll receipts continue to pay
existing bond indebtedness but that, upon the elimination of such
indebtedness or provision of an alternative source of funding for
such indebtedness, future toll receipts are to be dedicated to
the department of highways for improvement and expansion of roads
and highways. Finally it provides for the sale of Tamarack in
order to privatize it.
This section is new; therefore, strike-throughs and
underscoring have been omitted.