WEST virginia legislature
2016 regular session
House Bill 4188
By Delegates Hamrick, Ambler, Boggs, Cadle, Guthrie, Longstreth, Rohrbach, and Gearheart
[Originating in the Committee on Roads and Transportation; Reported on January 20, 2016]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §17-4-55 and §17-4-56, all relating to the development and implementation of a program to facilitate commercial sponsorship of rest areas and welcome centers on controlled-access highway facilities; providing for sponsorship agreements; agreement requirements; disposition of funds received from sponsorship agreements; requiring promulgation of legislative rules; providing for an annual report of the status of the program; establishing the Legislative Oversight Commission on Controlled-access Highways Facilities Sponsorship; membership; compensation and expenses of members; duties of the commission; and providing for an annual report.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §17-4-55 and §17-4-56, all to read as follows.
ARTICLE 4. ROADS AND HIGHWAYS.
§17-4-55. Controlled access facilities sponsorship program.
(a) The Division of Highways shall develop and implement a program to facilitate commercial sponsorship of rest areas and welcome centers on controlled-access facilities to help offset the costs of the operation and maintenance of controlled access facilities served. The division shall develop the program in consultation with the Legislative Oversight Commission on Controlled Access Highway Facilities Sponsorship established in section fifty-six of this article.
(b) The division may enter into sponsorship agreements with private entities in accordance with this section. A sponsorship agreement may grant the private entity authority to place advertising signs identifying itself as a sponsor of the facility that is visible to the traveling public in consideration of a monetary amount, or the providing of maintenance or other services at the facility. A sponsorship agreement may include any other provisions the division finds are necessary.
(c) Sponsorship agreements shall require compliance with all applicable state and federal rules and regulations governing any signage or other matters authorized by the agreement.
(d) All moneys received by the division from the sponsorship agreements shall be deposited in the State Road Fund.
(e) The Commissioner of the Division of Highways shall propose rules for legislative approval pursuant to article three, chapter twenty-nine-a of this code to establish and implement the program as may be necessary to carry out the purposes of this section.
(f) On December 1, 2016, and on December 1 of every year thereafter, the Commissioner of the division of Highways shall submit a report to the Legislative Oversight Commission on Controlled-access Highway Facilities Sponsorship detailing the status and progress of the development and implementation of the program.
§17-4-56. Legislative oversight commission on controlled-access highway facilities sponsorship.
(a) There is hereby created a joint commission of the Legislature known as the Legislative Oversight Commission on Controlled-access Highways Facilities Sponsorship.
(b) The commission is to be composed of four members of the Senate appointed by the President of the Senate and four members of the House of Delegates appointed by the Speaker of the House of Delegates. No more than three of the four members appointed by the President of the Senate and the Speaker of the House of Delegates, respectively, may be members of the same political party. The President of the Senate and the Speaker of the House of Delegates shall each appoint a chairperson from their respective houses. The members shall serve until their successors have been appointed. The Commissioner of the division or his or her designee shall also serve as an ex-officio non-voting member of the commission and is encouraged to provide assistance to the commission in the carrying out of its duties.
(c) Legislative members of the commission may receive compensation and expenses as provided in article two-a, chapter four of this code. Expenses, including those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory and other personnel, are to be approved by the Joint Committee on Government and Finance and paid from legislative appropriations.
(d) The commission may meet at any time both during sessions of the Legislature and in the interim or as often as may be necessary.
(e) The commission shall make a continued investigation, study and review of the development and implement the program to facilitate commercial sponsorship of rest areas and welcome centers on controlled-access facilities pursuant to section fifty-five of this article. The commission may consult with and make comments and recommendations to the Commissioner relating to the development and implementation of the program. The commission may also review any legislative rule promulgated by the commissioner pursuant to section fifty-five of this article and make recommendations concerning the rule to the Legislature.
(f) The commission shall report its findings and recommendations, including any recommended legislation, to the Joint Committee on Government and Finance on or before December 1, 2016 and on December 1 of every year thereafter.
NOTE: The purpose of this bill is to provide a program to develop and implement a program to facilitate commercial sponsorship of rest areas and welcome centers on controlled-access highway facilities. The bill also creates the Legislative Oversight Commission on Controlled-access Facilities Sponsorship to investigate, study and review the development and implementation of the program.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.