Introduced Version
Senate Bill 475 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 475
(By Senators Chafin, Barnes, Beach, Carmichael, Cole, Green, D.
Hall, Laird, McCabe, Miller, Nohe, Sypolt, Walters, Williams,
Stollings, Kessler (Mr. President) and Unger)
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[Introduced March 7, 2013; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Finance .]
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A BILL to amend and reenact §17-16A-13 of the Code of West
Virginia, 1931, as amended, relating to requiring the West
Virginia Parkways, Economic Development and Tourism Authority
to transfer a certain portion of the revenues generated from
its operation of the highway formerly known as the West
Virginia Turnpike to the county commissions where that highway
is located.
Be it enacted by the Legislature of West Virginia:
That §17-16A-13 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16A-13. Tolls, rents, fees, charges and revenues; competitive
bidding on contracts.
(a)(1) The parkways authority is hereby authorized to fix,
revise, charge and collect tolls for the use of each parkway
project and the different parts or sections thereof and to fix,
revise, charge and collect rents, fees, charges and other revenues,
of whatever kind or character, for the use of each economic
development project or tourism project, or any part or section
thereof, and to contract with any person, partnership, association
or corporation desiring the use of any part thereof, including the
right-of-way adjoining the paved portion, for placing thereon
telephone, telegraph, electric light, power or other utility lines,
gas stations, garages, stores, hotels, restaurants and advertising
signs, or for any other purpose except for tracks for railroad or
railway use, and to fix the terms, conditions, rents and rates of
charges for such use. Such tolls, rents, fees and charges shall be
so fixed and adjusted in respect of the aggregate of tolls, or in
respect of the aggregate rents, fees and charges, from the project
or projects in connection with which the bonds of any issue shall
have been issued as to provide a fund sufficient with other
revenues, if any, to pay: (A) The cost of maintaining, repairing
and operating such project or projects; and (B) the principal of
and the interest on such bonds as the same shall become due and
payable and to create reserves for such purposes. Such tolls, rents, fees and other charges shall not be subject to supervision
or regulation by any other commission, board, bureau, department or
agency of the state. The tolls, rents, fees, charges and all other
revenues derived from the project or projects in connection with
which the bonds of any issue shall have been issued, except such
part thereof as may be necessary to pay the cost of maintenance,
repair and operation and to provide such reserves therefor as may
be provided in the resolution authorizing the issuance of such
bonds or in the trust agreement securing the same, shall be set
aside at regular intervals as may be provided in the resolution or
the trust agreement in a sinking fund which is hereby pledged to,
and charged with, the payment of: (i) The interest upon the bonds
as such interest shall fall due; (ii) the principal of the bonds as
the same shall fall due; (iii) the necessary charges of paying
agents for paying principal and interest; and (iv) the redemption
price or the purchase price of bonds retired by call or purchase as
therein provided. The use and disposition of moneys to the credit
of such sinking fund shall be subject to the provisions of the
resolution authorizing the issuance of the bonds or of the trust
agreement. Except as may otherwise be provided in the resolution
or the trust agreement, such sinking fund shall be a fund for all
bonds without distinction or priority of one over another. The
moneys in the sinking fund, less such reserve as may be provided in
the resolution or trust agreement, if not used within a reasonable time for the purchase of bonds for cancellation as above provided,
shall be applied to the redemption of bonds at the redemption price
then applicable.
(2)(A) In fiscal year 1998, after the parkways authority has
met or provided for the satisfaction of each requirement imposed by
the provisions of subdivision (1) of this subsection, the parkways
authority shall pay $250,000 to the Hatfield-McCoy regional
recreation authority from any remaining balance of revenues
received from economic development projects and tourism projects.
(B) Upon the effective date of this act, the parkways
authority shall seek authorization from the federal highway
administration, the state Department of Transportation and the
trustee under any trust indenture or agreement existing as the
result of the issuance of any revenue bonds under the provisions of
this article to issue additional revenue bonds in a total amount
not to exceed $6,000,000 for the purpose of funding projects of the
Hatfield-McCoy regional recreation authority. Upon the agreement
of all of such entities that the parkways authority be authorized
to do so, as certified to the parkways authority, the Governor and
the Joint Committee on Government and Finance, the parkways
authority is authorized to issue additional revenue bonds in a
total amount not to exceed $6,000,000. The proceeds of the revenue
bonds shall be used to fund projects of the Hatfield-McCoy regional
recreation authority. Each issuance of such revenue bonds and the application of the proceeds thereof shall be subject to each
condition, restriction or other provision of this article
applicable to the issuance of parkway revenue bonds. In the event
the agreement is not certified as required by this subsection, and
until the same is certified, the parkways authority shall pay
$250,000 to the Hatfield-McCoy regional recreation authority in the
fiscal year ending June 30, 2000, and in each fiscal year
thereafter, for a total of nine consecutive years, for the purpose
of funding projects of the Hatfield-McCoy regional recreation
authority. These amounts shall be paid in quarterly installments
from remaining balances in each fiscal year of revenues received
from economic development projects and tourism projects as
determined in the manner provided in paragraph (A) of this
subdivision.
(C) Beginning on July 1, 2013, and continuing thereafter, the
parkways authority shall transfer one half of one per cent of the
gross revenues it receives from operating the highway formerly
known as the West Virginia Turnpike to the county commissions of
those counties where the highway is located. Those counties are
Kanawha, Fayette, Raleigh and Mercer.
(b) The parkways authority shall cause, as soon as it is
legally able to do so, all contracts to which it is a party and
which relate to the operation, maintenance or use of any
restaurant, motel or other lodging facility, truck and automobile service facility, food vending facility or any other service
facility located along the West Virginia turnpike, to be renewed on
a competitive bid basis. All contracts relating to any facility or
services entered into by the parkways authority with a private
party with respect to any project constructed after the effective
date of this legislation shall be let on a competitive bid basis
only. If the parkways authority receives a proposal for the
development of a project, such proposal shall be made available to
the public in a convenient location in the county wherein the
proposed facility may be located. The parkways authority shall
publish a notice of the proposal by a Class I legal advertisement
in accordance with the provisions of article three, chapter fifty-
nine of this code. The publication area shall be the county in
which the proposed facility would be located. Any citizen may
communicate by writing to the parkways authority his or her
opposition to or approval to such proposal within a period of time
not less than forty-five days from the publication of the notice.
No contract for the development of a project may be entered into by
the parkways authority until a public hearing is held in the
vicinity of the location of the proposed project with at least
twenty days' notice of such hearing by a Class I publication
pursuant to section two of said article. The parkways authority
shall make written findings of fact prior to rendering a decision
on any proposed project. All studies, records, documents and other materials which are considered by the parkways authority in making
such findings shall be made available for public inspection at the
time of the publication of the notice of public hearing and at a
convenient location in the county where the proposed project may be
located. The parkways authority shall promulgate rules in
accordance with chapter twenty-nine-a of this code for the conduct
of any hearing required by this section. Persons attending any
such hearing shall be afforded a reasonable opportunity to speak
and be heard on the proposed project.
NOTE: The purpose of this bill is to require the West Virginia
Parkways, Economic Development and Tourism Authority to transfer
one half of one per cent of the gross revenues it receives from
operating the highway formerly known as the West Virginia Turnpike
to the county commissions where the highway is located. The bill
identifies those counties as Kanawha, Fayette, Raleigh and Mercer.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.