WEST virginia legislature
2017 regular session
for
By Delegates
Gearheart, Cooper, McGeehan, Hamrick and Westfall
[
A
BILL to amend and reenact §17-1-3 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated
§17-16A-6a, all relating to eliminating the courtesy patrol program and the
Courtesy Patrol Fund administered by the Division of Highways; limiting the use
of expenditures from the Courtesy Patrol Fund; and prohibiting the Parkways
Authority from operating a courtesy patrol program.
Be it enacted by the
Legislature of West Virginia:
That §17-1-3 of the
Code of West Virginia, 1931, as amended, be amended and reenacted; and that
said code be amended by adding thereto a new section, designated §17-16A-6a,
all to read as follows:
ARTICLE 1. DEFINITIONS.
§17-1-3.
"Road"; "public road"; "highway".
(a)
The words or
terms "road", "public road" or "highway" shall
be deemed to include, but shall
are not be limited to, the right-of-way, roadbed and all
necessary culverts, sluices, drains, ditches, waterways, embankments, slopes,
retaining walls, bridges, tunnels and viaducts necessary for the maintenance of
travel, dispatch of freight and communication between individuals and
communities; and such public road or highway shall be taken to include includes
any road to which the public has access and which it is not denied the right to
use, or any road or way leading from any other public road over the land of another
person, and which shall have has been established pursuant to
law. Any road shall be is conclusively presumed to have been
established when it has been used by the public for a period of ten years or
more, and public moneys or labor have been expended thereon, whether there be
is any record of its conveyance, dedication or appropriation to public
use or not. In the absence of any other mark or record, the center of the
traveled way shall be taken as the center of the road and the right-of-way
shall be designated therefrom an equal distance on each side, but a road may be
constructed on any part of the located right-of-way when it is deemed considered
advisable so to do.
(b)
The Legislature
notes that there are public highways that run over the surface of this land,
over and through the navigable streams, rivers and waterways on this earth and
above the surface of this earth in the form of highways in the sky, commonly
known as airways. The Legislature finds that each of these types of public
highways are essential to the development of this state and that the health and
safety of each of the citizens of this state are affected daily by the
availability of each of these three types of public highways, and that it is
the best interests of the people of this state that each of these be recognized
and included within the meaning of public highways. The Legislature further
recognizes that airports are an important and integral part of the public
highways existing above the surface of this state, and that airports are
necessary to access such highways, and therefore airports, including runways,
taxiways, parking ramps, access roads and air traffic control facilities
located at airports, are hereby declared to be part of the public highway
system of this state.
(c)
The Legislature
finds that a courtesy patrol program providing assistance to motorists on the
state's highways is one of a most beneficial public safety service to residents
of the state using public highways and serves as a showing of the state's
hospitality and good will to tourists visiting the state. For that reason, on
July 1, 2015:
(1) The administration
of the courtesy patrol program shall be transferred to the Division of Highways
and expenditures made by the division to fund the courtesy patrol program
providing assistance to motorists on the state's highways shall be made pursuant to appropriation of
the Legislature from the State Road Fund or as otherwise provided by law; and
(2) The Division of Highways shall administer administration
of the special revenue account in the State Treasury known as the Courtesy
Patrol Fund shall be transferred to the Division of Highways.
: Provided, That any balances remaining in the Courtesy Patrol Fund
at the end of fiscal year 2015 shall be transferred and deposited into the
Tourism Promotion Fund. After the June 30, 2015, expenditures Expenditures from the Courtesy Patrol
Fund shall be used solely to fund the courtesy patrol program providing
assistance to motorists on the state's highways and pursuant to appropriation
of the Legislature from the State Road Fund or as otherwise provided by law. Amounts
collected in the Courtesy Patrol Fund which are found, from time to time, to
exceed funds needed for the purposes set forth in this subdivision may be
transferred to other accounts or funds and redesignated for other purposes by
appropriation of the Legislature. Moneys paid into the fund may be derived from
the following sources:
(A) Any gifts, grants,
bequests, transfers, appropriations or other donations which may be received
from any governmental entity or unit or any person, firm, foundation,
corporation or other private entity;
(B) Any appropriations by
the Legislature which may be made for the purposes of this section; and
(C) All interest or other
return accruing to the fund.
Any moneys remaining in
the fund at the end of a fiscal year shall remain in the fund and be available
for expenditure during the ensuing fiscal year.
(d) Effective July 1, 2017:
(1) The provisions of
subsection (c) of this section expire and are no longer of any force and
effect;
(2) The courtesy patrol
program is terminated;
(3) The Courtesy Patrol
Fund is abolished; and
(4) Any balances
remaining in the Courtesy Patrol Fund shall be transferred to the State Road
Fund for expenditure as provided by the Legislature.
ARTICLE 16A. WEST
VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY
§17-16A-6a. Parkways Authority prohibited from operating
courtesy patrol program
Notwithstanding any provision of this code, the Parkways Authority may not operate a courtesy patrol program providing assistance to motorists on a highway in connection with any of its projects.