H. B. 4740


(By Delegates Azinger, Modesitt, Beane,

Anderson and Border)

[Introduced February 25, 2000; referred to the

Committee on Political Subdivisions then Finance.]




A BILL to amend article seventeen, 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-seven, relating to giving a county commission the opportunity to assume the ownership and control of a toll bridge in the event the municipality which owns and operates the bridge chooses not to retain ownership of the bridge.

Be it enacted by the Legislature of West Virginia:
That article seventeen, 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-seven, to read as follows:
ARTICLE 17. TOLL BRIDGES.

§17-17-37. Transfer of toll bridge to county.

Notwithstanding any provision of this code to the contrary, in the event the municipality which owns and operates a toll bridge does not retain ownership of the bridge under the provisions of section thirty-five of this article, the county commission of the county in which the municipality is located has the option to take over the ownership and operation of the bridge. The commissioner shall notify the county commission in writing when the opportunity to exercise the option exists. The county commission has ninety days from receipt of the notification to exercise its option. If the county commission decides to assume the ownership and control of the bridge, it shall comply with all applicable provisions of this article that are imposed on a municipality that chooses to retain ownership of a toll bridge.




This section is new; therefore, strike-throughs and underscoring have been omitted.