H. B. 2561
(By Delegates J. Martin, Collins, Love, Bennett and Everson)
(Introduced February 20, 1995; referred to the
Committee on Government Organization.)
A BILL to amend and reenact section one, article sixteen-a,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to parkway,
economic development and tourism projects of the West
Virginia parkways, economic development and tourism
authority; prohibiting contracts limiting the right of
artists, artisans and craftsmen to a free market for their
wares.
Be it enacted by the Legislature of West Virginia:
That section one, article sixteen-a, chapter seventeen
of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted to read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16A-1. Constructing, operating, financing, etc., parkway,
economic development and tourism projects;
limitation on certain contracts.
(a) In order to remove the present handicaps and hazards on the congested highways and roads in the state of West Virginia,
to facilitate vehicular traffic throughout the state, to promote
and enhance the tourism industry and to develop and improve
tourist facilities and attractions in the state, to promote the
agricultural, economic and industrial development of the state,
and to provide for the construction of modern express highways
including center divisions, ample shoulder widths, longsight
distances, the bypassing of cities, multiple lanes in each
direction and grade separations at all intersections with other
highways and railroads, to provide for the development,
construction, improvement and enhancement of state parks, tourist
facilities and attractions, and to provide for the improvement
and enhancement of state parks presently existing, the West
Virginia parkways, economic development and tourism authority
(hereinafter created) is hereby authorized and empowered to
construct, reconstruct, improve, maintain, repair and operate
parkway projects, economic development projects and tourism
projects (as those terms are hereinafter defined in section five
of this article) at such locations as shall be approved by the
state department of transportation, and to issue parkway revenue
bonds of the state of West Virginia, payable solely from
revenues, to pay the cost of such projects.
(b) No parkway project, economic development project or
tourism project entering into any contract for the marketing,
distribution or sales of West Virginia arts and crafts may
require, by the terms of that contract, that any artist, artisan,
or craftsman shall relinquish any right to sell his or her wares on the open market, or may require that any gift shop or retail
establishment shall relinquish any right to purchase West
Virginia arts and crafts on the open market from West Virginia
artists, artisans and craftsmen or local or regional crafts
cooperatives. The provisions of article eighteen, chapter forty-
seven of this code are specifically made applicable to such
projects.
NOTE: The purpose of this bill is to prohibit parkways,
economic development and tourism projects from limiting free
market access for West Virginia artists, artisans and craftsmen.