SB 479 Text

COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 479
(By Senator Chafin)
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[Originating in the Committee on Government Organization;
reported February 20, 2007.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-10-1a, relating to authorizing county commissions to expend county funds to repair orphan roads, including, but not limited to, cemetery roads, located in their respective counties under certain circumstances; and granting authority to county commissions to seek ownership of roads repaired or improved by the funds.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17-10-1a, to read as follows:
ARTICLE 10. COUNTY COURTS; MUNICIPALITIES; GENERAL AUTHORITY AND
DUTIES AS TO ROADS, ETC.

§17-10-1a. Authority to apply county funding to repair certain orphan roads.

(a)In addition to all other powers and duties now conferred by law upon county commissions, commissions are hereby authorized to expend and apply county moneys or other moneys donated by private entities to repair and improve roads, designated as orphan roads pursuant to the provisions of article two-c of this chapter, located within their respective counties.
(b) Prior to expending and applying county or privately donated funds, the county commission shall unanimously find that a compelling public need exists to repair or improve a particular roadway and that application for state-sponsored repair or improvement has been made by the commission and declined by the Department of Administration or Division of Highways.
(c) County commissions expending and applying money to repair or improve roads pursuant to the provisions of this section shall petition the Division of Highways to transfer ownership of the road to the county commission.

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