(a) Except as provided ~~herein~~ in this section, when all bonds issued under ~~the provisions of~~ this article in connection with any parkway project or projects and the interest ~~thereon shall~~ on those bonds secured by West Virginia Turnpike toll revenues have been paid or a sufficient amount for the payment of ~~all such~~ those bonds and the interest ~~thereon~~ on them to ~~the~~ their maturity ~~thereof shall have~~ has been set aside in trust for the benefit of the bondholders, such project or projects~~, if then in good condition and repair to the satisfaction of the Commissioner of the state Division of Highways,~~ shall be transferred to the ~~state~~ Division of Highways ~~and shall thereafter be maintained by the state Division of Highways free of tolls~~ in accordance with this section.

(b) On or before June 30, 2019, the Parkways Authority shall bring the West Virginia Turnpike into compliance with all quality standards promulgated by the Division of Highways for interstate highways in this state. The Division of Highways shall conduct an initial assessment to determine compliance and identify any discrepancies that need to be corrected not later than January 1, 2017, and shall thereafter monitor all action to meet compliance requirements periodically to ensure that deficiencies are being corrected in order for the turnpike to be in compliance by June 30, 2019. Upon identification of any deficiencies, the parkways authority shall make all reasonable efforts to correct the deficiencies on or before November 1, 2018. The Division of Highways shall thereafter conduct a follow-up assessment to determine whether or not the West Virginia Turnpike substantially complies with the quality standards. The Commissioner of the Division of Highways shall submit a report of its findings and recommendations from the assessments to the Joint Committee on Government and Finance and the Governor on or before January 1, 2019. If the report finds that there is substantial compliance with the quality standards, the Division of Highways shall certify the findings of the same to the Joint Committee on Government and Finance and to the Governor on or before January 15, 2019. If the report finds that there is not substantial compliance with the quality standards, the report shall identify all deficiencies that are preventing substantial compliance as material deficiencies and make a further finding on possible remedial action that can be taken to correct each of the material deficiencies together with: (1) An estimate of the time period and estimated date of when each of the material deficiencies can be corrected; and (2) whether or not there are adequate funds from all funding sources available, including the State Road Fund, to correct the material deficiencies on or before June 30, 2020. If the division further finds that there are adequate funds from all funding sources available to correct all material deficiencies by June 30, 2020, then the Division of Highways shall certify these findings to the Joint Committee on Government and Finance and that the West Virginia Turnpike can substantially comply with the quality standards promulgated by the Division of Highways by June 30, 2020.

(c) On or before June 30, 2019, all bonded indebtedness of the Parkways Authority secured by West Virginia Turnpike toll revenues shall be paid and satisfied.

(d) Upon:

(1) the full satisfaction of the bonded indebtedness of the Parkways Authority secured by West Virginia Turnpike toll revenues and

(2) certification pursuant to subsection (b) of this section that the West Virginia Turnpike either: (A) Is in substantial compliance with; or (B) by June 30, 2020 can be in substantial compliance with the quality standards promulgated by the Division of Highways,

the Governor shall issue a proclamation finding that the bonded indebtedness is fully satisfied and that the West Virginia Turnpike in substantial compliance with the quality standards promulgated by the Division of Highways for interstate highways in this state and directing the immediate conveyance of the West Virginia Turnpike to the Division of Highways: Provided, That in the event the conditions set forth in subdivision (2) of this subsection are not satisfied, the Governor shall, notwithstanding, issue a proclamation on June 30, 2020 finding that the bonded indebtedness is satisfied and directing the immediate conveyance of the West Virginia Turnpike to the Division of Highways.

The conveyance shall be made immediately upon the issuance of the proclamation and shall include, but not be limited to, the West Virginia Turnpike, buildings and land dedicated exclusively to its maintenance, current and future use, travel plaza buildings, roads and parking facilities, leasehold properties, all maintenance material and equipment assets specifically dedicated to its maintenance, and all records, maps, charts, schedules and plans relating to the West Virginia Turnpike.

(e) Upon the issuance of the proclamation and the completion of the conveyance provided in subsection (d) of this section:

(1) All obligations, indebtedness and other liabilities pertaining exclusively to the West Virginia Turnpike and other assets expressly described under subsection (d) of this section, as of the date of the proclamation, are hereby assumed by and transferred to the Division of Highways.

(2) The Parkways Authority shall liquidate all publicly traded securities in its holdings and convey all of its monetary assets and accounts to the Division of Highways to be deposited in the "Turnpike Transition Fund", created in subsection (g) of this section.

(3) All the Parkways Authority employees dedicated to highway maintenance and upkeep shall be transferred to employment by the West Virginia Division of Highways.

(4) All employees of the Parkways Authority dedicated to toll collection and toll collection operations shall remain employees of the Parkways Authority until the cessation of tolling.

(5) Those full-time, permanent employees of the Parkways Authority that may be laid off by the Parkways Authority or the Division of Highways as of the date of cessation of tolling as provided in this section may apply for other positions filled under the classified service system, and shall be given five preference points in addition to the regular numerical score received on examination, having qualified for appointment by making a minimum passing grade. The Division of Personnel shall notify those full-time, permanent Parkways Authority employees who have been laid off at the date tolling ceases who have applied for examination for the classified service system of job postings for one year after their application has been scored. Notwithstanding any provision of this code to the contrary, the Parkways Authority shall, to the greatest extent practical, fill vacant toll collection and toll collection operations positions with temporary employees until the cessation of tolling on the West Virginia Turnpike.

~~(b)~~(f) ~~No later than February 1, 1990~~ On July 1, 2020 the Parkways Authority shall cease and discontinue all toll collection and the Division of Highways shall remove and not relocate all toll collection facilities on the West Virginia Turnpike ~~as the same existed on June 1, 1989, except for the three main toll barriers and collection facilities and, provided solely that the provisions of section eighteen-a are complied with,~~ including the toll collection facilities at the intersection of U.S. Route 19 (Corridor "L") and ~~said~~ the turnpike: Provided, That the bonds secured by West Virginia Turnpike toll revenues have been paid as scheduled.

(g) (1) There is hereby established a special fund in the State Treasury known as the "Turnpike Transition Fund." The fund shall be administered by the Commissioner of the Division of Highways and shall consist of monetary assets of the Parkways Authority to be received pursuant to subdivision (2), subsection (e) of this section. The Parkways Authority shall deposit fifty percent of all toll revenue received for the West Virginia Turnpike from the date of satisfaction of all bonded indebtedness until the date of transfer of the West Virginia Turnpike pursuant to subsection (d) of this section and upon the transfer, shall thereafter deposit all toll revenue received for the West Virginia Turnpike until the date that tolling ceases. The fund also consists of any other funds appropriated by the Legislature to assist in the transfer of assets, powers and duties of the Parkways Authority pursuant to this section to the Division of Highways and the State Road Fund, and the interest or other earnings on the moneys in the fund.

(2) The Commissioner of the Division of Highways shall administer the fund to:

(A) Provide for the costs of all West Virginia Turnpike operations and maintenance within the Division of Highways;

(B) Pay either directly or to the parkways authority all costs and expenses necessary for toll collection and toll collections operations until June 30, 2020, and all administrative expenses necessarily incurred by the parkways authority incidental thereto, removal of the toll collection facilities and any other expenses necessarily incurred by the parkways authority or the Division of Highways related or incidental to the transfer of all of the assets and liabilities of the parkways authority to the Division of Highways; and

(C) Pay directly or reimburse the West Virginia State Police for the costs of police services performed by members of the State Police assigned to the highway now known as the West Virginia Turnpike, including salaries and all other expenses incurred to provide the police services by its members so assigned, not to exceed $2 million per fiscal year, from the time the bonded indebtedness is paid in full until its transfer to the Division of Highways, and thereafter until January 1,2035, pursuant to section twelve, article two, chapter fifteen of this code.

(3) Balances in the fund at the end of any fiscal year shall not expire, but shall be expended for those purposes set forth in this subsection in ensuing fiscal years pursuant to appropriation by the Legislature. Upon the depletion of funds in the account, the subject roadways shall be supported by the State Road Fund and any other funds available to the Division of Highways.

(h) All obligations and responsibilities of the Parkways Authority for any part or portion of the West Virginia Turnpike shall cease on June 30, 2020. On or before June 30, 2020, all property remaining in the possession of the Parkways Authority shall be transferred to the Division of Highways.

(i) The Commissioner of the Division of Highways and the Director of the Division of Personnel shall jointly propose rules for legislative approval pursuant to article three, chapter twenty-nine-a of this code as may be necessary to provide for the evaluation, transition, termination, and reemployment of Authority and Division of Highways employees during the transition and to otherwise carry out the purposes of this article as they relate to personnel matters.

(j) The Commissioner of the Division of Highways shall propose rules for legislative approval pursuant to article three, chapter twenty-nine-a of this code as may be necessary to carry out the purposes of this article as they relate to all matters not concerning personnel.”

Adopted

Rejected