Senate Bill No. 56

(By Senators Craigo, Helmick, Scott, Plymale, Sharpe, Deem, Kimble and Ross)

____________

[Introduced February 17, 1997; referred to the Committee
on Government Organization; and then to the Committee on Finance.]
____________




A BILL to amend and reenact sections one, three, five, six, ten, eleven, thirteen, seventeen, eighteen-a, nineteen and twenty, article sixteen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the West Virginia parkways, economic development and tourism authority; deleting economic development and tourism from the authority's name; deleting references to economic development and tourism projects and functions; becoming effective the first day of July, one thousand nine hundred ninety-seven, returning budgetary control of the parkways authority to the Legislature; certain expenses payable solely from legislative appropriation; and a special revenue fund created in the state treasury for revenues received by the authority in excess of the amount needed to redeem bonds issued by the authority, satisfy current debt service, meet obligations in the bond resolution or trust agreement and to maintain projects of the authority.

Be it enacted by the Legislature of West Virginia:
That sections one, three, five, six, ten, eleven, thirteen, seventeen, eighteen-a, nineteen and twenty, 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 AUTHORITY.
§17-16A-1. Constructing, operating, financing, etc., parkway projects.
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 created in section three of this article (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 that term is defined in section five of this article) at such the locations as shall be that are 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 the projects.
§17-16A-3. Dissolution and termination of West Virginia turnpike commission; West Virginia parkways authority generally.

On and after the first thirtieth 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 ninety-seven, the "West Virginia Parkways Economic Development and Tourism Authority," is continued as the "West Virginia Parkways 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 considered and held to be an essential governmental function of the state.
The West Virginia parkways economic development and tourism authority shall consist of seven members, including the transportation secretary, who shall serve as chairman of the parkways authority, and six members, including no less than one from each of the counties which have land bordering parkway projects, 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 in the state 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 terms of the parkways authority members first taking 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. As these original appointments expire, each subsequent appointment shall be are for a full eight-year term eight years. Any member whose term has expired shall serve until his or her 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 is 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 or her 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 members of the parkways authority shall constitute a quorum and the vote of a majority of members present shall be is necessary for any action taken by the parkways authority. No vacancy in the membership of the parkways authority shall impair impairs 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 may call special meetings for any purpose or purposes: Provided, That notice of any such special meeting shall be given to all members of the parkways authority not less than ten days prior to said the special meetings meeting.
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 shall be conditioned upon the faithful performance of the duties of his the member's 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 are not entitled to compensation for their services, but each member shall be reimbursed for his or her actual expenses necessarily incurred in the performance of his or her duties. All expenses incurred in carrying out the provisions of this article constructing, reconstructing, maintaining, improving, repairing, operating and insuring projects authorized by this article and in retiring the principal of and the interest on bonds issued by the authority pursuant to this article or its predecessor shall be payable solely from funds provided under the authority of this article revenues and the proceeds from the sale of revenue bonds and refunding bonds. On and after the first day of July, one thousand nine hundred ninety-seven, all other expenses incurred in carrying out the provisions of this article shall be payable solely from funds appropriated for that purpose by the Legislature and no liability or obligation shall be incurred by the parkways authority hereunder under this article beyond the extent to which moneys shall have been provided under the authority of this article.
§17-16A-5. Definitions.

Unless the context indicates or requires a different meaning, as used in this article, the following words and terms shall have the following meanings: unless the context shall indicate another or different meaning or intent
(a) The words "Parkways authority" mean means the West Virginia parkways economic development and tourism authority created by section three of this article, or if said the parkways authority shall be is abolished, the board, body, commission or authority succeeding to the principal functions thereof of the parkways authority or to whom the powers given by this article to the parkways authority shall be are given by law;
(b) The words "Parkway project" mean means any expressway, turnpike, trunkline, feeder road, state local service road or park and forest road which the parkways authority may at any time determine to construct, reconstruct, maintain, improve or repair under the provisions of this article, or any expressway, turnpike or other road constructed by the West Virginia turnpike commission pursuant to the authority granted to it under the laws of this state prior to the first day of June, one thousand nine hundred eighty-nine, and shall embrace all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations and administration, storage and other buildings, which the parkways authority may deem consider necessary for the operation of the parkway project, or which is used in the operation of a parkway project constructed prior to the first day of June, one thousand nine hundred eighty-nine, together with all property, rights, easements and interests which may be acquired by the parkways authority for the construction or the operation of the parkway project or which were acquired in connection with or are used in the operation of a parkway project constructed prior to the first day of June, one thousand nine hundred eighty-nine;
(c) The words "tourism project" mean (i) any park or tourist facility and attraction which the parkways authority may at any time determine to create, develop, construct, reconstruct, improve, maintain or repair under the provisions of this article, and shall embrace all roads, interchanges, entrance plazas, approaches, services stations, administration, storage and any other buildings or service stations, structures which the parkways authority may deem necessary for the operation of the tourism project, together with all property rights, easements and interests which may be acquired by the parkways authority for the construction or operation of the tourism project; and (ii) the construction, reconstruction, improvement, maintenance and repair of any park or tourist facility and attraction owned by the state as of the first day of June, one thousand nine hundred eighty- nine;
(d) The words "economic development project" mean any land or water site, structure, facility or equipment which the parkways authority may at any time determine to acquire, create, develop, construct, reconstruct, improve or repair under the provisions of this article to promote the agricultural, economic or industrial development of the state, together with all property rights, easements and interests which may be acquired by the parkways authority for the development, construction or operation of such project;
(e) (c) The words "Project" or "projects" mean means a parkway project; economic development project or tourism project, or any combination thereof
(f) (d) The words "Transportation secretary" mean means the secretary of the state department of transportation;
(g) (e) The words "West Virginia turnpike commission" mean means the state turnpike commission existing as of the first day of June, one thousand nine hundred eighty-nine;
(h) The words "tourist facility and attraction" mean cabins, lodges, recreational facilities, restaurants, and other revenue producing facilities, any land or water site, and any information center, visitors' center or rest stop which the parkways authority determines may improve, enhance or contribute to the development of the tourism industry in the state;
(i) (f) The word "Turnpike" means the West Virginia Turnpike or any other toll road in the state;
(j) (g) The word "Expressway" means any road serving major intrastate and interstate travel, including federal interstate routes;
(k) (h) The word "Trunkline" means any road serving major city to city travel;
(l) (i) The words "Feeder roads" mean means any road serving community to community travel or that collects and feeds traffic to an expressway or turnpike;
(m) (j) The words "Local service road" mean means any local arterialized and spur roads which provide land access and socioeconomic benefits to abutting properties;
(n) (k) The words "Park and forest roads" mean means any road serving travel within state parks, state forests and public hunting and fishing areas;
(o) (l) The word "Cost" as applied to any project, including without limitation the West Virginia Turnpike in sections eleven and twenty-two of this article, embraces the cost of construction, reconstruction, maintenance, improvement, repair and operation of the project, the cost of the acquisition of all land, rights-of-way, property, rights, easements and interests acquired by the parkways authority for such the construction, reconstruction, maintenance, improvement and repair of the project, the cost of all machinery, equipment, material and labor which are deemed considered essential thereto to the project, the cost of improvements, the cost of financing charges, interest prior to and during construction and for one year after completion of construction, the cost of traffic estimates and of engineering, consultant, accounting, architects', trustees' and legal fees and expenses, plans, specifications, surveys, estimates of cost and of revenues, other costs and expenses necessary or incident to determining the feasibility or practicability of constructing any such project administrative expenses and such other costs and expenses as may be necessary or incident to the construction of the project, the financing of such the construction and the placing of the project in operation or to the operation of the project. Any obligation or expense hereafter incurred after the effective date of this section by the commissioner of the department division of highways with the approval of the parkways authority for traffic surveys, borings, preparation of plans and specifications, and other engineering and consulting services in connection with the construction of a project shall be regarded as a part of the cost of such the project and shall be reimbursed to the state out of the proceeds of parkway revenue bonds or revenue refunding bonds hereinafter authorized by this article;
(p) (m) The word "Owner" includes all individuals, copartnerships, associations or corporations having any title or interest in any property, rights, easements and interests authorized to be acquired by this article; and
(q) (n) The words "West Virginia Turnpike" mean means the turnpike from Charleston to a point approximately one mile south of the intersection of Interstate 77 and U. S. Route 460 near Princeton in Mercer County, West Virginia, which road is presently a part of the federal interstate highway system.
§17-16A-6. Parkways authority's powers.

(a) The parkways authority is hereby authorized and empowered may:
(1) To Adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) To Adopt an official seal and alter the same seal at its pleasure;
(3) To Maintain an office at such any place or places within the state as it may designate designates;
(4) To Sue and be sued in its own name and plead and be impleaded. Any and all action against the parkways authority shall may be brought only in the county in which the principal office of the parkways authority shall be is located;
(5) To Construct, reconstruct, improve, maintain, repair and operate projects at such locations within the state as may be determined by the parkways authority: Provided, That the parkways authority shall be is prohibited from constructing motels or any other type of lodging facility within five miles of the West Virginia Turnpike;
(6) To Issue parkway revenue bonds of the state of West Virginia, payable solely from revenues, for the purpose of paying all or any part of the cost of any one or more projects. which The costs may include, with respect to the West Virginia Turnpike, such those funds as that are necessary to repay to the state of West Virginia all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards;
(7) To Issue parkway revenue refunding bonds of the state of West Virginia, payable solely from revenues, for any one or more of the following purposes: (i) Constructing improvements, enlargements or extensions to the project in connection with which the bonds to be refunded were issued; (ii) paying all or part of the cost of any additional project or projects; (iii) refunding any bonds which shall have been were issued under the provisions of this article or any predecessor thereof of this article; and (iv) repaying to the state all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards;
(8) To Fix and revise from time to time tolls for transit over each parkway project constructed by it or by the West Virginia turnpike commission;
(9) To Fix and revise from time to time rents, fees or other charges, of whatever kind or character, for the use of each tourism project or economic development project constructed by it or for the use of any building, structure or facility constructed by it in connection with a parkway project;
(10) To Acquire, hold, lease and dispose of real and personal property in the exercise of its powers and the performance of its duties under this article;
(11) To Acquire in the name of the state by purchase or otherwise, on such the terms and conditions and in such the manner as it may deem considers proper, or by the exercise of the right of condemnation in the manner hereinafter provided in this article, such the public or private lands, including public parks, playgrounds or reservations, or parts thereof or rights therein, rights-of-way, property, rights, easements and interests, as it may deem considers necessary for carrying out the provisions of this article. No compensation shall may be paid for public lands, playgrounds, parks, parkways or reservations so taken by the right of condemnation, and all public property damaged in carrying out the powers granted by this article shall be restored or repaired and placed in its original condition as nearly as practicable;
(12) To Designate the locations, and establish, limit and control such points of ingress to and egress from each project as may be necessary or desirable in the judgment of the parkways authority to ensure the proper operation and maintenance of such the project, and to prohibit entrance to such the project from any undesignated point or points; not so designated
(13) To Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article, and to employ consulting engineers, attorneys, accountants, architects, construction and financial experts, trustees, superintendents, managers and such other employees and agents as may be necessary in its judgment, and to fix their compensation. All such Effective the first day of July, one thousand nine hundred ninety-seven, these expenses shall be are payable solely from the proceeds of parkway revenue bonds or parkway revenue refunding bonds issued under the provisions of this article, tolls or from revenues funds appropriated by the Legislature for these purposes;
(14) To Make and enter into all contracts, agreements or other arrangements with any agency, department, division, board, bureau, commission, authority or other governmental unit of the state to operate, maintain or repair any project;
(15) To Receive and accept from any federal agency grants for or in aid of the construction of any project, and to receive and accept aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such the grants and contributions may be were made;
(16) To Do all acts and things necessary or convenient to carry out the powers expressly granted in this article; and
(17) To File the necessary petition or petitions pursuant to Title 11, United States Code, Sec. 401 (being section 81 of the act of Congress entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved July 1, 1898, as amended) and to prosecute to completion all proceedings permitted by Title 11, United States Code, Secs. 401-403 (being sections 81 to 83, inclusive, of said that act of Congress). The state of West Virginia hereby consents to the application of said Title 11, United States Code, Secs. 401-403, to the parkways authority.
(b) Nothing in this article shall may be construed to prohibit the issuance of parkway revenue refunding bonds in a common plan of financing with the issuance of parkway revenue bonds.
§17-16A-10. Parkway revenue bonds -- Generally.

The parkways authority is hereby authorized to may provide by resolution, at one time or from time to time, for the issuance of parkway revenue bonds of the state for the purpose of paying all or any part of the cost of one or more projects: Provided, That this section shall may not be construed as authorizing the issuance of parkway revenue bonds for the purpose of paying the cost of the West Virginia Turnpike, which parkway revenue bonds may be issued only as authorized under section eleven of this article. The principal of and the interest on such these bonds shall be are payable solely from the funds herein provided in this section for such this payment. The bonds of each issue shall be dated, shall bear interest at such a rate or rates as may be determined by the parkways authority in its sole discretion, shall mature at such a time or times not exceeding forty years from their date or dates, as may be determined by the parkways authority, and may be made redeemable before maturity, at the option of the parkways authority, at such a price or prices and under such terms and conditions as may be fixed by the parkways authority prior to the issuance of the bonds. The parkways authority shall determine the form of the bonds, including any interest coupons to be attached thereto to the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be executed by manual or facsimile signature by the governor and by the chairman of the parkways authority, and the official seal of the parkways authority shall be affixed to or printed on each bond, and attested, manually or by facsimile signature, by the secretary and treasurer of the parkways authority. and Any coupons attached to any bond shall bear the manual or facsimile signature of the chairman of the parkways authority. In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease ceases to be such an officer before the delivery of such the bonds, such the signature or facsimile shall is nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such the delivery. and, In case the seal of the parkways authority has been changed after a facsimile has been imprinted on such the bonds, such the facsimile seal will continue to be sufficient for all purposes. All bonds issued under the provisions of this article shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form, or both, as the parkways authority may determine determines, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the recorders reconversion into coupon bonds of any bonds registered as to both principal and interest. The parkways authority may sell such the bonds in such any manner, either at public or at private sale, and for such a price, as it may determine determines to be in the best interests of the state.
The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the parkway project or projects for which such the bonds shall have been were issued, and shall be disbursed in such a manner and under such the restrictions, if any, as the parkways authority may provide provides in the resolution authorizing the issuance of such the bonds or in the a trust agreement hereinafter mentioned securing the same bonds, as provided in section twelve of this article. If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be are less than such the cost, additional bonds may in like manner be issued to provide the amount of such the deficit. and, Unless otherwise provided in the resolution authorizing the issuance of such the bonds or in the trust agreement securing, the same the additional bonds shall be deemed considered to be of the same issue and shall be are entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue shall exceed the cost of the project or projects for which the same shall have been those bonds were issued, the surplus shall be deposited to the credit of the sinking fund for such bonds in the state treasury and credited to the general revenue fund.
Prior to the preparation of definitive bonds, the parkways authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such the definitive bonds shall have been executed and are available for delivery. The parkways authority may also provide for the replacement of any bonds which shall become mutilated, or shall be destroyed or lost. Bonds may be issued under the provisions of this article without obtaining the consent of any department, division, commission, board, bureau or agency of the state, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this article.
§17-16A-11. Parkway revenue bonds -- West Virginia Turnpike; related projects.

The parkways authority is hereby authorized to may 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 the turnpike as it exists existed 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 in this section may 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 a related parkway project: Provided, however, That none of the proceeds of the issuance of parkway revenue bonds under this section shall may 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 in this section may 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 the appalachian regional commission so as long as said the highway connects to the West Virginia Turnpike as it existed as of on 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, of the revenue bonds and the rights, duties and obligations of the parkways authority in respect of the same revenue bonds, shall be governed by the provisions of this article insofar as the same may be they are applicable.
§17-16A-13. Tolls, rents, fees, charges and revenues; competitive bidding on contracts.

(a) 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 each parkway 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 and to contract with any person, partnership, association or corporation desiring the use of any part thereof of a project, including the right-of-way adjoining the paved portion, for placing thereon on it 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 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 generated by the project or projects in connection with which the bonds of any an issue shall have been were issued so as to provide a fund sufficient by itself or 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 shall they become due and payable. and to create reserves for such purposes Determination of the amount of such the tolls, rents, fees and other charges shall not be are not subject to supervision or regulation by any other commission, board, bureau, department or agency of the state. Except for that part of the revenues that is necessary to pay the cost of maintenance, repair and operation and to provide any reserves for these costs required by the resolution authorizing the bond issue or by the trust agreement securing the bonds, the tolls, rents, fees, charges and all other revenues derived from the project or projects in connection with which the bonds of any an issue shall have been were issued except such part thereof as may be necessary to pay such cost of maintenance, repair and operation and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be set aside deposited at such regular intervals as may be provided in such the resolution or such trust agreement in a sinking fund which a special revenue fund hereby established for this purpose in the state treasury. This special revenue fund shall be known as the "Parkways Authority Bond Repayment Fund." is hereby pledged to, and charged with, the payment of The parkways authority shall use moneys in the fund to pay: (1) The interest upon such the bonds as such the interest shall fall falls due; (2) the principal of such the bonds as the same shall fall it falls due; (3) the necessary charges of paying agents for paying principal and interest; and (4) the redemption price or the purchase price of bonds retired by call or purchase as therein provided in the bond issue. The use and disposition of moneys to the credit of such sinking fund this special revenue fund shall be are subject to the provisions of the resolution authorizing the issuance of such the bonds or of such the trust agreement securing the bonds. Except as may otherwise be provided in such the resolution or such the trust agreement, such sinking fund the special revenue fund shall be a fund for all such bonds without distinction or priority of one over another. If not used for the purchase of bonds for cancellation within a reasonable time as provided in this section, the moneys in the sinking fund, special revenue fund, less such any reserve as may be provided in required by such the resolution or trust agreement, if not used within a reasonable time for the purchase of bonds for cancellation as above provided, shall be applied to the redemption of bonds at the redemption price then applicable deposited into the general revenue fund in the state treasury and are thereafter subject to appropriation by the Legislature.
(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 where 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 of 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 article three, chapter twenty-nine-a of this code for the conduct of any hearing required by this section. Persons attending any such a hearing shall be afforded a reasonable opportunity to speak and be heard on the proposed project.
§17-16A-17. Repair, etc., of damaged property; conveyances, etc., by counties, cities, etc., to parkways authority; maintenance and policing of projects; defrauding parkways authority; evading payment of tolls, rents, fees or charges; trespassing.

(a) All private property damaged or destroyed in carrying out the powers granted by this article shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor for the restoration or repair out of funds provided under the authority of this article.
(b) All counties, cities, villages, townships and other political subdivisions and all public agencies and commissions of the state of West Virginia, notwithstanding any contrary provision of law, are hereby authorized and empowered to may lease, lend, grant or convey to the parkways authority at its request upon such terms and conditions as the proper authorities of such those counties, cities, villages, townships, other political subdivisions or public agencies and commissions of the state may deem consider reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the parkways authority, including public roads and other real property already devoted to public use.
(c) Each project when constructed and opened to traffic or use shall be maintained and kept in good condition and repair by the parkways authority. The parkways authority and the superintendent of the department of public safety West Virginia state police may by agreement provide that such the project or projects shall be policed by members of such department the state police under such terms and conditions as they may determine. excepting that However, all costs thereof of the policing, either direct or indirect, including overhead costs attributable thereto to the policing, shall be paid unto such department to the state police by the parkways authority at regular intervals not to exceed one year.
(d) Whoever shall knowingly or intentionally defraud or attempt Any person who knowingly or intentionally defrauds or attempts to defraud the parkways authority, any of its tolltakers or other employees in regard to the payment of tolls, rents, fees or charges established by the parkways authority for the use of any such project or evade or attempt who evades or attempts to evade or whoever shall aid who aids another to evade or attempt to evade the payment of such the toll, rent, fee or charge or whoever shall who intentionally and knowingly trespass trespasses upon any project shall be is guilty of a misdemeanor and for every such offense shall, upon conviction thereof, be fined not in excess of more than fifty dollars. Magistrate courts shall have jurisdiction of misdemeanors created by this paragraph subsection concurrently with circuit courts.
§17-16A-18a. Corridor "L" toll fees authorized; commuter pass; annual report.

(a) The parkways authority is hereby authorized to 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 may 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 article three, 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 the travel 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, may in addition to the extent it was previously authorized and empowered pursuant to section six and section thirteen-b, article sixteen-a of this chapter, to promulgate propose rules for promulgation 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 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 pass may later be usable, shall be is 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 is a motor vehicle of passenger type and truck with a gross weight of not more than 8,000 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 this 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).
§17-16A-19. Preliminary expenses.

The commissioner of the state department division of highways is hereby authorized may in his or her discretion to expend out of any funds available for the purpose such the moneys as may be necessary for the study of any parkway economic development or tourism project or projects and to use the department division of highway's engineering and other forces, including consulting engineers and traffic engineers, for the purpose of effecting such the study and to pay for such the additional engineering and traffic and other expert studies as he or she may deem considers expedient. and All such expenses incurred by the state department division of highways prior to the issuance of parkway revenue bonds or revenue refunding bonds under the provisions of this article shall be paid by the state department division of highways and charged to the appropriate project or projects, and the state department division of highways shall keep proper records and accounts showing each amount so charged. Upon the sale of parkway revenue bonds or revenue refunding bonds for any project or projects, the parkways authority shall reimburse the state division of highways from the proceeds of the bonds the funds so expended by the state department of highways division in connection with such the project or projects. shall be reimbursed to the state department of highways from the proceeds of such bonds
§17-16A-20. Parkway projects part of state road system; pledge of limited funds by state division of highways in case of deficit.
It is hereby declared that any expressway, turnpike, feeder road, state local service road or park and forest road or other road, or any subsequent expressway, turnpike feeder road, state local service road, park and forest road or other road constructed pursuant to this article shall be is a part of the state road system, although subject to the provisions of this article and of any bonds or trust agreements entered into pursuant thereto to the bonds, and that the construction of such the parkway projects shall be considered as developments of the state road system. Notwithstanding, any other provisions of this article to the contrary, notwithstanding in order to encourage the development of the state road system, the state is authorized may in its discretion to pledge by resolution and agreement annually to pay from the state road fund, subject to all prior commitments of such the fund which shall be stated in the resolution and agreement, the amount of any yearly deficit between the principal and interest requirements of any such parkway project or portion thereof of a parkway project hereafter constructed and the amount available in the hands of the parkways authority to pay such the requirements, up to three fourths of one percent of the estimated or actual construction cost of such the parkway project or portion thereof of the parkway project for which such the pledge is made, until any bonds issued and interest due upon the basis of such a the pledge have been fully paid and satisfied: Provided, That the state department division of highways shall may not enter into no any agreement with underwriters on any bond issue for the purpose of constructing or aiding in the construction of any toll road unless and until there is filed with the parkways authority a report and finding findings of reputable traffic engineers of national standing, showing that the earnings from the proposed toll road will be sufficient to provide annual income in an amount at least large enough to cover the annual cost of retiring the indebtedness, including interest sinking fund and operating costs of such the toll highway.


NOTE: The purpose of this bill is to reorganize the Parkways, Economic Development and Tourism Authority by deleting all references to economic development and tourism powers and duties, renaming the authority and returning its budget to legislative control. The bill requires that all revenues and proceeds from the sale of bonds issued under this article necessary for debt service and retirement of the bonds, maintenance and upkeep of Parkway projects and any other obligation under the bond resolution or trust agreement securing the bonds, be deposited into a special revenue fund dedicated solely to those costs, with any excess being deposited into the general revenue fund in the state treasury. All expenses of the Authority, except for those mandated by the bond issues are payable solely from funds appropriated by the Legislature for such purposes. The bill also makes technical amendments and updates certain references.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.