Sources of Revenue:

Special Fund

Legislation creates:

Neither Program nor Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    This legislation has no impact on the Division of Highways. The agency already has the bonding requirements in place. Various policies and rules are already in place.

Fiscal Note Detail

Effect of Proposal Fiscal Year
Fiscal Year
(Upon Full
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0

Explanation of above estimates (including long-range effect):

    There is no impact as the requirements in the legislation are already in place.


    WV Code 17-2A-8 provides the DOH Commissioner with vast powers to the protect the State's highway system: The Commissioner can negotiate contracts and agreements; invoke legal or equitable remedies to protect and preserve the roadway; establish road policies and develop rules and regulations.
    The Division of Highways (DOH) has always required some type of security from contractors working on or along our highways. Additionally, before granting approval on other projects that may impact the roadway, the DOH requires, by executed agreement, that any public or private entity provide the agency with some form of financial security. This includes those entities involved in mineral extraction, industrial projects, commercial/retail developments and large residential subdivisions.
    The drafted legislation has been cited in the title as a "new section, designated 17-2A-8a". This section is already in code, used by the DOH in court cases and is titled "Authority to employ expert witnesses in eminent domain proceedings; compensation". The agency does not want the section stricken.
    The DOH does not feel that the legislation is necessary.

    Person submitting Fiscal Note: Kathy J Holtsclaw
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