H. B. 2785
(By Delegates Armstead, Lane and Blair)
[Introduced
January 11, 2006
; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact §17-3-6 of the Code of West Virginia,
1931, as amended, relating to requiring the Division of
Highways to grant priority to roadway construction,
reconstruction and maintenance for roadways prone to recurring
floods that hinder ingress and egress to and from residential
areas, schools and downtown districts, and that hinder access
by emergency response vehicles.
Be it enacted by the Legislature of West Virginia:
That §17-3-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. STATE ROAD FUND.
§17-3-6. Apportionment of State Road Fund for construction and
reconstruction purposes; reserve fund; budget request;
appropriation of funds.
On or before the first day of January of each year the State Road Commissioner shall ascertain and determine the total amount of
available funds for expenditure in the whole state for the
construction and reconstruction of state roads for the succeeding
fiscal year, and shall also submit such determination of available
funds together with the proposed expenditure thereof as a part of
his or her budget request for such succeeding fiscal year. Of the
amount so ascertained the Commissioner may set aside as a "reserve
fund" not to exceed twenty percent thereof, to be used and expended
by him or her in his or her discretion in making desirable
connections or economizing in construction.
All moneys received from the federal government for road
construction shall be expended as provided, or as may hereafter be
provided by act of Congress.
If at the end of any annual period, any money in the reserve
fund remains unexpended or unappropriated, it shall be placed in
the General Fund for reserve and distribution during the next
annual period.
The remaining eighty percent, or, if such reserve fund is not
set aside, then all the funds shall be appropriated in the
following order and preference: Provided, That, within each order
of preference following, special consideration shall be given to
projects involving construction, reconstruction or maintenance of
roadways prone to recurring flooding which hinder ingress and
egress to and from residential areas, schools and downtown business districts, or that hinder access by emergency response vehicles:
(1) For the construction, reconstruction, and maintenance of
expressway and trunkline roads, and to comply with the requirements
for the receipt of aid from the federal government;
(2) For the maintenance of all feeder and state local service
roads, as provided in section six-a of this article; and
(3) For the construction and reconstruction of feeder and
state local service roads as prescribed in section six-a of this
article.
NOTE: The purpose of this bill is to require the Division of
Highways to grant priority to roadway construction, reconstruction
and maintenance for roadways prone to recurring floods that hinder
ingress and egress to and from residential areas, schools and
downtown districts, and that hinder access by emergency response
vehicles.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.