West Virginia 2017 First Special Session Status: Enacted

SB 1003 — Relating generally to WV Parkways Authority

Last action — Chapter 5, Acts, 1st Extraordinary Session, 2017

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 04, 2017. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

574 added · 787 removed

Plain-language change summary

The recently passed SB 1003 makes several key changes to the regulations surrounding the West Virginia Parkways Authority. Notably, it adds the authority to study and potentially implement a new single fee program for motor vehicle registration, along with the ability to enter into agreements for toll enforcement. The bill also clarifies that tolls cannot be charged on existing roads without explicit legislative approval. These changes aim to streamline funding for parkway maintenance and upgrades, which could enhance transportation infrastructure in the state.

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NEWS RELEASES HELPFUL LINKS Engrossed Version « Senate Bill 1003 History OTHER VERSIONS  —  Introduced Version  |  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 1003 History OTHER VERSIONS  —  Introduced Version  |  Engrossed Version  |   |  Email Key:
Red = new code to be enacted WEST virginia Legislature FIRST extraordinary session Engrossed Senate Bill 1003 By Senators Carmichael (Mr.
Red = new code to be enacted WEST virginia Legislature FIRST extraordinary session Enrolled Senate Bill 1003 By Senators Carmichael (Mr.
President) and Prezioso [By Request of the Executive] [Introduced May 4, 2017]       A BILL to repeal §17-16A-18a, §17-16A-23 and §17-16A-30 of the Code of West Virginia, 1931, as amended;
President) and Prezioso [By Request of the Executive] [Passed June 16, 2017;
to amend and reenact §17-16A-1, §17-16A-5, §17-16A-6, §17-16A-10, § 17-16A-11, §17-16A-13, §17-16A-13a, §17-16A-18, §17-16A-21, §17-16A-22 and §17-16A-29 of said code;
in effect from passage]       AN ACT to repeal §17-16A-18a and §17-16A-23 of the Code of West Virginia, 1931, as amended;
to amend and reenact §17-16A-5, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-13, §17-16A-13a, §17-16A-18, §17-16A-21, §17-16A-22, §17-16A-29 and §17-16A-30 of said code;
adding the power of the authority to study, investigate and evaluate, and, if feasible, develop and implement a single fee program;
enlarging, restricting and otherwise modifying the powers of the Parkways Authority relating to the issuance of parkways bonds and the authority to charge tolls or fees;
permitting the authority to study and evaluate, and, if feasible, develop and implement a single fee program;
adding the power of the authority to impose in connection with any single fee program a flat fee in connection with any or all certificates of passenger motor vehicle registration and renewal thereof by the Division of Motor Vehicles;
permitting the authority to impose, in connection with any single fee program, a flat fee in connection with any or all certificates of passenger motor vehicle registration and renewal thereof by the Division of Motor Vehicles;
clarifying that Parkways Authority may not charge tolls on existing roads absent express legislative authorization;
clarifying that Parkways Authority may not charge tolls on certain existing roads absent express legislative authorization;
providing for the use of proceeds of fee collections;
requiring that priority consideration be given to construction, maintenance and repair of public highways and bridges in certain counties within the state when determining expenditures from the State Road Construction Account;
requiring the expenditure of the account’s funds for construction, maintenance and repair of public highways and bridges in certain counties within the state;
establishing a formula for the maximum single annual fee that may be charged;
establishing limitations on the amounts of the single annual fee that may be charged;
eliminating approval by county commissions and establishment by Governor of local committees prior to approval of any parkway project;
modifying approval required of certain county commissions prior to approval of any parkway project;
authorizing the Division of Motor Vehicles to act as collection agent for the authority under any single fee program;
modifying requirements for reports of local committees and resolutions of approval by county commissions;
authorizing the Division of Motor Vehicles to enter into agreements with the authority to collect and remit certain fees;
and creating a misdemeanor offense.
and creating a misdemeanor offense and providing for criminal penalties.
That §17-16A-18a, §17-16A-23 and §17-16A-30 of the Code of West Virginia, 1931, as amended, be repealed;
That §17-16A-18a and §17-16A-23 of the Code of West Virginia, 1931, as amended, be repealed;
that §17-16A-1, §17-16A-5, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-13, §17-16A-13a, §17-16A-18, §17-16A-21, §17-16A-22 and §17-16A-29 of said code be amended and reenacted;
that §17-16A-5, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-13, §17-16A-13a, §17-16A-18, §17-16A-21, §17-16A-22, §17-16A-29 and §17-16A-30 of said code be amended and reenacted;
§17-16A-1.
Constructing, operating, financing, etc., parkway, economic development and tourism projects.
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, long-sight 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 and subsequently renamed the West Virginia Parkways Authority), is hereby authorized and empowered to construct, reconstruct, improve, maintain, repair, and operate and finance 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.
(e) “Feeder roads” means any road serving community to community travel or collects and feeds traffic to an expressway or turnpike.
(e) “Feeder roads” means any road serving community-to-community travel or collects and feeds traffic to an expressway or turnpike.
(j) “Parkway project” means any expressway, turnpike, bridge, tunnel, trunk line, feeder road, state local service road or park and forest road, or any portion or portions of any expressway, turnpike, trunk line, feeder road, state local service road or park and forest road, whether contiguous or noncontiguous to the West Virginia Turnpike or to any such portion or portions thereof, which the Parkways Authority or the Department of Transportation may acquire, construct, reconstruct, maintain, operate, improve, or repair or finance under the provisions of this article, which shall include for all purposes of this article, any acquisition, construction, reconstruction, maintenance, operation, improvement, or repair or financing that the authority may undertake by agreement with the Department of Transportation, or any expressway, turnpike or other road constructed by the West Virginia Turnpike Commission pursuant to the authority granted to it under the laws of this state prior to June 1, 1989, and shall embrace all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations and administration, storage and other buildings, which the Parkways Authority or the Department of Transportation may deem necessary for the operation of the a parkway project, or which is used in the operation of a parkway project, constructed prior to June 1, 1989 together with all property, rights, easements and interests which may be acquired by the Parkways Authority or the Department of Transportation for the construction or the operation of the a parkway project or which were acquired in connection with or are used in the operation of a the turnpike or any other existing parkway project.
(j) “Parkway project” means any expressway, turnpike, bridge, tunnel, trunk line, feeder road, state local service road or park and forest road, or any portion or portions of any expressway, turnpike, trunk line, feeder road, state local service road or park and forest road, whether contiguous or noncontiguous to the West Virginia Turnpike or to any such portion or portions thereof, which the Parkways Authority or the Department of Transportation may acquire, construct, reconstruct, maintain, operate, improve, repair or finance under the provisions of this article, which shall include for all purposes of this article, any acquisition, construction, reconstruction, maintenance, operation, improvement, repair or financing that the authority may undertake by agreement with the Department of Transportation, or any expressway, turnpike or other road constructed by the West Virginia Turnpike Commission pursuant to the authority granted to it under the laws of this state prior to June 1, 1989, and shall embrace all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations and administration, storage and other buildings, which the Parkways Authority or the Department of Transportation may deem necessary for the operation of a parkway project, or which is used in the operation of a parkway project, together with all property, rights, easements and interests which may be acquired by the Parkways Authority or the Department of Transportation for the construction or the operation of a parkway project or which were acquired in connection with or are used in the operation of the turnpike or any other existing parkway project.  A parkway project shall also include any enhancements or improvements to the turnpike or any parkway project, including, without limitation, projects involving lane widening, resurfacing, surface replacement, bridge replacement, bridge improvements and enhancements, other bridge work, drainage system improvements and enhancements, drainage system replacements, safety improvements and enhancements, and traffic flow improvements and enhancements, which have been recommended by the authority’s or the Department of Transportation’s consulting engineers or traffic engineers, or both.
constructed prior to June 1, 1989  A parkway project shall also include any enhancements or improvements to the turnpike or any parkway project, including, without limitation, projects involving lane widening, resurfacing, surface replacement, bridge replacement, bridge improvements and enhancements, other bridge work, drainage system improvements and enhancements, drainage system replacements, safety improvements and enhancements, and traffic flow improvements and enhancements, which have been recommended by the authority’s or the Department of Transportation’s consulting engineers or traffic engineers, or both.
(l) “State Road Fund” means the State Road Fund created in article three, chapter seventeen of this code.
(l) “Public meeting” means a meeting designed to solicit input and provide information sufficient to allow the public to understand the scope and the costs of a particular project.
(l) (m) “Transportation secretary” means the Secretary of the Department of Transportation.
(m) “State Road Fund” means the State Road Fund created in article three, chapter seventeen of this code.
(n) “Toll revenues” means any amount received by the Parkways Authority from any source as a fee for the right of transit over the West Virginia Turnpike or any other parkway project and any fees paid by owners of registered motor vehicles in the state or any other state pursuant to section seventeen, article ten, chapter seventeen-a of this code and includes, but is not limited to, any appropriations by the Legislature, gifts, grants or contributions from any source, public or private, to finance transportation.
 (n) “Transportation secretary” means the Secretary of the Department of Transportation.
(m) (o) “Tourism project” means:
(o) “Toll revenues” means any amount received by the Parkways Authority from any source as a fee for the right of transit over the West Virginia Turnpike or any other parkway project and any fees paid by owners of registered motor vehicles in the state or any other state collected pursuant to section seventeen, article ten, chapter seventeen-a of this code.
(p) “Tourism project” means:
(n) (p) “Tourist facility and attraction” mean cabins, lodges, recreational facilities, restaurants and other revenue producing facilities, any land or water site, and any information center, visitors’ center or rest stop which the Parkways Authority determines may improve, enhance or contribute to the development of the tourism industry in the state.
(q) “Tourist facility and attraction” mean cabins, lodges, recreational facilities, restaurants and other revenue producing facilities, any land or water site, and any information center, visitors’ center or rest stop which the Parkways Authority determines may improve, enhance or contribute to the development of the tourism industry in the state.
(o) (q) “Trunk line” means any road serving major city-to-city travel.
(r) “Trunk line” means any road serving major city-to-city travel.
(p) (r) “Turnpike” means the West Virginia Turnpike or any other toll road in the state.
(s) “Turnpike” means the West Virginia Turnpike or any other toll road in the state.
(q) (s) “West Virginia Turnpike Commission” means the State Turnpike Commission existing as of June 1, 1989.
(t) “West Virginia Turnpike Commission” means the State Turnpike Commission existing as of June 1, 1989.
(r) (t) “West Virginia Turnpike” means the turnpike from Charleston to a point approximately one mile south of the intersection of Interstate 77 and U.
(u) “West Virginia Turnpike” means the turnpike from Charleston to a point approximately one mile south of the intersection of Interstate 77 and U.
(5) To construct, reconstruct, improve, maintain, repair, and operate or finance projects, at such locations within the state or adjacent to the state pursuant to a reciprocal toll enforcement agreement as may be determined by the Parkways Authority:
(5) To construct, reconstruct, improve, maintain, repair, operate or finance projects, at such locations within the state or adjacent to the state pursuant to a reciprocal toll enforcement agreement as may be determined by the Parkways Authority:
subject to the provisions of section thirty of this article Provided, That after July 1, 2010, the Parkways Authority is prohibited from constructing new tourism projects or new economic development projects, but this prohibition shall not prevent the authority from entering into lease agreements, development agreements or other agreements with private businesses or companies allowing and providing for such private businesses or companies to acquire, develop, construct and operate motels, lodging facilities or other businesses and business facilities on land owned by the authority and located adjacent to the Tamarack project and facilities at Exit 45 of the West Virginia Turnpike;
Provided, That after July 1, 2010, the Parkways Authority is prohibited from constructing new tourism projects or new economic development projects, but this prohibition shall not prevent the authority from entering into lease agreements, development agreements or other agreements with private businesses or companies allowing and providing for such private businesses or companies to acquire, develop, construct and operate motels, lodging facilities or other businesses and business facilities on land owned by the authority and located adjacent to the Tamarack project and facilities at Exit 45 of the West Virginia Turnpike;
which costs may include, with respect to the West Virginia Turnpike, such funds as are necessary to repay to the State of West Virginia all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards (7) To issue parkway revenue refunding bonds of the State of West Virginia, payable solely from toll revenues, for any one or more of the following purposes:
(7) To issue parkway revenue refunding bonds of the State of West Virginia, payable solely from toll revenues, for any one or more of the following purposes:
Provided, further, That an existing road does not include the West Virginia Turnpike, new lanes or sections of an existing road, the replacement or construction of any bridge or tunnel, or related facilities;
Provided, however, That an existing road does not include the West Virginia Turnpike, new lanes or sections of an existing road, the replacement or construction of any bridge or tunnel, or related facilities;
(12) To designate the locations and establish, limit and control such points of ingress to and egress from each project as may be necessary or desirable in the judgment of the Parkways Authority to ensure the proper operation and maintenance of such project and to prohibit entrance to such project from any point or points not so designated;
(12) To designate the locations of, and establish, limit and control such points of ingress to and egress from, each project as may be necessary or desirable in the judgment of the Parkways Authority to ensure the proper operation and maintenance of such project and to prohibit entrance to such project from any point or points not so designated;
All such expenses shall be payable solely from the proceeds of parkway revenue bonds or parkway revenue refunding bonds issued under the provisions of this article or from tolls or from toll revenues;
All such expenses shall be payable solely from the proceeds of parkway revenue bonds or parkway revenue refunding bonds issued under the provisions of this article or from toll revenues;
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(16) To study, investigate and evaluate and, if feasible, develop and implement a single fee program the purpose of which is to charge a flat fee to owners of motor vehicles registered in this state or any other state which opts into any such program:
(16) To study, investigate, evaluate and, if feasible, develop and implement a “single fee” program the purpose of which is to charge a flat fee to owners of motor vehicles registered in this state who opt into any such program or any other state which opts into any such program:
which would produce on an annual basis a sum of money equal to the total toll revenue received from all West Virginia drivers on West Virginia toll roads during the Authority’s preceding fiscal year, divided into at least three classes based upon usage, size and number of axles Provided, That any single fee program shall apply only to passenger motor vehicles, divided into classes based on size and usage, and shall not apply to commercial motor vehicles.
Provided, That any single fee program shall apply only to passenger motor vehicles, divided into classes based on size and usage, and shall not apply to commercial motor vehicles.
The flat fee shall be set by the authority at a rate or amount so that the aggregate of all toll revenues estimated to be received by the authority at the time of fixing any such rate or amount, or any increase thereof, shall provide sufficient toll revenues consistent with the purposes set forth in section thirteen of this article and to cover the administrative costs of any such single fee program.
The flat fee shall be set by the authority at a rate or amount so that the aggregate of all toll revenues estimated to be received by the authority at the time of fixing any such rate or amount, or any increase thereof, provides sufficient toll revenues consistent with the purposes set forth in section thirteen of this article and to cover the administrative costs of any such single fee program.
Said sum, plus an amount necessary to cover the expected costs of such program The separate fee shall be collected produced by adding it to either the annual cost of vehicle registration or of vehicle inspection a single fee equal to the proportionate share of that vehicle owner of the total toll revenue needed to be produced from all vehicles within that class as an additional fee payable solely to the authority pursuant to section seventeen, article ten, chapter seventeen-a of this code.
The separate fee shall be collected by adding it to the annual cost of vehicle registration as an additional fee payable solely to the authority pursuant to section seventeen, article ten, chapter seventeen-a of this code.
A registered motor vehicle for which such single program fee has been paid shall be entitled to traverse all toll roads within the state without stopping to pay individual tolls during the effective period of said vehicle registration:
A registered motor vehicle for which such single program fee has been paid shall be entitled to traverse all toll roads within the state without stopping to pay individual tolls during the effective period of said vehicle registration.
or said inspection:
The single fee program may also include comparable provisions which would allow vehicles registered in other states to traverse West Virginia toll roads in like fashion to West Virginia vehicles as set forth in this section upon the payment of a single fee for each and every vehicle registered in such state, in accordance with the same classification system adopted for West Virginia vehicles.
Provided, however, That if the single fee proposed to be charged under said program exceeds the standard round trip toll for that vehicle over the entire length of the West Virginia Turnpike, the Authority shall not implement such program without the prior approval of both Houses of the Legislature Provided, further however, That any such program may shall also include comparable provisions which would allow vehicles registered in other states to traverse West Virginia toll roads in like fashion to West Virginia vehicles as set forth in this section upon the payment of a single fee for each and every vehicle registered in such state, in accordance with the same classification system adopted for West Virginia vehicles.
The Parkways Authority, in consultation with the Division of Motor Vehicles, shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement any single fee program under this subdivision (16);
The Parkways Authority may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement any single fee program;
(17) (18) To do all acts and things necessary or convenient to carry out the powers expressly granted in this article;
(18) To do all acts and things necessary or convenient to carry out the powers expressly granted in this article;
and (18) (19) To file the necessary petition or petitions pursuant to federal bankruptcy laws.
and (19) To file the necessary petition or petitions pursuant to federal bankruptcy laws.).
Title 11, United States Code, Sec.
The State of West Virginia hereby consents to the application of Title 11 of the United States Code to the Parkways Authority.
401 (being section 81 of the Act of Congress entitled “An act to establish a uniform system of bankruptcy throughout the United States”, approved July 1, 1898, as amended) and to prosecute to completion all proceedings permitted by Title 11, United States Code, Secs.
(b) Nothing in this article shall be construed to prohibit the issuance of parkway revenue refunding bonds in a common plan of financing with the issuance of parkway revenue bonds.
401-403 (being sections 81 to 83, inclusive, of said Act of Congress).
The State of West Virginia hereby consents to the application of said Title 11, United States Code, Secs.
401-403, to the Parkways Authority (b) Nothing in this article shall be construed to prohibit the issuance of parkway revenue refunding bonds in a common plan of financing with the issuance of parkway revenue bonds.
Provided, That this section shall not be construed as authorizing the issuance of parkway revenue bonds for the purpose of paying the cost of the West Virginia Turnpike, which parkway revenue bonds may be issued only as authorized under section eleven of this article The principal of and the interest on bonds shall be payable solely from the funds provided for payment, except that:
The principal of and the interest on bonds shall be payable solely from the funds provided for payment, except that:
(b) The bonds of each issue shall be dated, shall bear interest at a rate as may be determined by the Parkways Authority in its sole discretion, shall mature at a time not exceeding forty years from their date or of issue as may be determined by the Parkways Authority, and may be made redeemable before maturity, at the option of the Parkways Authority at a price and under the terms and conditions as may be fixed by the Parkways Authority prior to the issuance of the bonds.
(b) The bonds of each issue shall be dated, shall bear interest at a rate as may be determined by the Parkways Authority in its sole discretion, shall mature at a time not exceeding forty years from their date of issue as may be determined by the Parkways Authority, and may be made redeemable before maturity, at the option of the Parkways Authority at a price and under the terms and conditions as may be fixed by the Parkways Authority prior to the issuance of the bonds.
(h) The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the parkway project or parkway projects for which the bonds were issued, and shall be disbursed in a manner consistent with the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds.
(h) The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the parkway project or parkway projects and by the Division of Highways for any acquisition, construction, reconstruction, maintenance, improvement or repair of public highways and bridges as provided for in this article for which the bonds were issued, and shall be disbursed in a manner consistent with the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds.
(l) (m) Bonds may be issued under the provisions of this article without obtaining the consent of any department, division, commission, board, bureau or agency of the state in accordance with this article:
(m) Bonds may be issued under the provisions of this article without obtaining the consent of any department, division, commission, board, bureau or agency of the state in accordance with this article:
§17-16A-11.  Parkway revenue bonds –- West Virginia Turnpike;
§17-16A-11.  State Road Construction Account.
related projects State Road Construction Account.
 (a) There is hereby created within the State Road Fund a special revenue account to be known as the State Road Construction Account held in the State Treasury to be expended by the Division of Highways for construction, maintenance and repair of public highways and bridges in this state.
(a) The Parkways Authority is authorized to provide by resolution, at one time or from time to time, for the issuance of parkway revenue bonds of the state in an aggregate outstanding principal amount not to exceed, from time to time, $200 million for the purpose of paying:
(1) All or any part of the cost of the West Virginia Turnpike, which may include, but not be limited to, an amount equal to the state funds used to upgrade the West Virginia Turnpike to federal interstate standards;
(2) All or any part of the cost of any one or more parkway projects that involve improvements to or enhancements of the West Virginia Turnpike, including, without limitation, lane-widening on the West Virginia Turnpike and that are or have been recommended by the Parkways Authority’s traffic engineers or consulting engineers or by both of them prior to the issuance of parkway revenue bonds for the project or projects;
and (3) To the extent permitted by federal law, all or any part of the cost of any related parkway project.
(b) For purposes of this section only, a “related parkway project” means any information center, visitors’ center or rest stop, or any combination thereof, and any expressway, turnpike, trunkline, feeder road, state local service road or park and forest road which connects to or intersects with the West Virginia Turnpike and is located within seventy-five miles of the turnpike as it existed on June 1, 1989, or any subsequent expressway, trunkline, feeder road, state local service road or park and forest road constructed pursuant to this article:
Provided, That nothing in this section shall be construed as prohibiting the Parkways Authority from issuing parkway revenue bonds pursuant to section ten of this article for the purpose of paying all or any part of the cost of any related parkway project:
Provided, however, That none of the proceeds of the issuance of parkway revenue bonds under this section shall be used to pay all or any part of the cost of any economic development project, except as provided in section twenty-three of this article:
Provided further, That nothing in this section shall be construed as prohibiting the Parkways Authority from issuing additional parkway revenue bonds to the extent permitted by applicable federal law for the purpose of constructing, maintaining and operating any highway constructed, in whole or in part, with money obtained from the Appalachian Regional Commission as long as the highway connects to the West Virginia Turnpike as it existed on June 1, 1989:
And provided further, That, for purposes of this section, in determining the amount of bonds outstanding, from time to time, within the meaning of this section:
Original par amount or original stated principal amount at the time of issuance of bonds shall be used to determine the principal amount of bonds outstanding, except that the amount of parkway revenue bonds outstanding under this section may not include any bonds that have been retired through payment, defeased through the deposit of funds irrevocably set aside for payment or otherwise refunded so that they are no longer secured by toll revenues of the West Virginia Turnpike:
And provided further, That the authorization to issue bonds under this section is in addition to the authorization and power to issue bonds under any other section of this code:
And provided further, That, without limitation of the authorized purposes for which parkway revenue bonds are otherwise permitted to be issued under this section, and without increasing the maximum principal par amount of parkway revenue bonds permitted to be outstanding, from time to time, under this section, the Authority is specifically authorized by this section to issue, at one time or from time to time, by resolution or resolutions under this section, parkway revenue bonds under this section for the purpose of paying all or any part of the cost of one or more parkway projects that:
(1) Consist of enhancements or improvements to the West Virginia Turnpike, including, without limitation, projects involving lane widening, resurfacing, surface replacement, bridge replacement, bridge improvements and enhancements, other bridge work, drainage system improvements and enhancements, drainage system replacements, safety improvements and enhancements, and traffic flow improvements and enhancements;
and (2) Have been recommended by the Authority’s consulting engineers or traffic engineers, or both, prior to the issuance of the bonds.
(c) Except as otherwise specifically provided in this section, the issuance of parkway revenue bonds pursuant to this section, the maturities and other details of the bonds, the rights of the holders of the bonds, and the rights, duties and obligations of the Parkways Authority in respect of the bonds shall be governed by the provisions of this article insofar as the provisions are applicable.
(d) Notwithstanding any other provision of this code to the contrary, the Authority may not issue parkway revenue bonds under this section for projects on the West Virginia Turnpike after June 30, 2010:
Provided, That the authority may issue revenue refunding bonds pursuant to sections twenty-one and twenty-two of this article.
(a) There is hereby created within the State Road Fund a special revenue account to be known as the State Road Construction Account held in the State Treasury to be expended by the Division of Highways for construction, maintenance and repair of public highways and bridges in this state.
(1) All or any portion of the proceeds of any parkway revenue bonds issued pursuant to section ten of this article that the Parkways Authority, in its discretion, may credit to the State Road Construction Account, notwithstanding any provision of section ten of this article to the contrary;
(1) All or any portion of the proceeds of any parkway revenue bonds issued pursuant to section ten of this article that the Parkways Authority, in its discretion, may credit to the State Road Construction Account, notwithstanding any provision of said section to the contrary;
(c) In determining how the funds in the special revenue account created by this section will be expended, the Division of Highways shall give priority consideration to acquisition, construction, reconstruction, maintenance, improvement or repair of public highways and bridges in the following counties:
            (c) The funds in the special revenue account created by this section will be expended by the Division of Highways for the costs of acquisition, construction, reconstruction, maintenance, improvement or repair of public highways and bridges, as contained in the Division of Highways’ Statewide Transportation Improvement Plan as it existed on June 1, 2017, or the West Virginia Division of Highways SOS Transportation Investment Program Candidate Project List dated May 3, 2017, in the following counties:
(1) Raleigh County;
            (1) Raleigh County;
(2) Fayette County;
            (2) Fayette County;
(3) Wyoming County;
            (3) Wyoming County;
and (4) Mercer County.
            (4) Mercer County;
            (5) Kanawha County;
            (6) Greenbrier County;
            (7) Monroe County;
            (8) Summers County;
            (9) McDowell County;
and             (10) Nicholas County.
There is hereby created within the State Treasury a special revenue fund to be known as the West Virginia Parkways Authority Single Fee Program Fund.
There is hereby created within the State Treasury a special account within the State Road Fund, designated the West Virginia Parkways Authority Single Fee Program Fund.
The fund shall consist of any fees received from owners of registered motor vehicles in the state or any other state that have opted in under any single fee program that may be created and implemented by the authority pursuant to section six of this article.
The account shall consist of any fees received from owners of registered motor vehicles in the state or any other state that have opted in under any single fee program that may be created and implemented by the authority pursuant to section six of this article.
Moneys held in this fund shall be used exclusively by the authority for the purposes authorized in section thirteen of this article and for administrative costs related to any single fee program implemented by the Parkways Authority under subdivision (16), subsection (a), section six of this article.
The account shall be administered by the Parkways Authority and expenditures from the fund shall be used exclusively by the authority for the purposes authorized in section thirteen of this article and for administrative costs related to any single fee program implemented by the Parkways Authority under subdivision (16), subsection (a), section six of this article.
The West Virginia Parkways Authority Single Fee Program Fund is a special fund in the State Treasury and is not part of the State General Revenue Fund.
(a)(1) The Parkways Authority is hereby authorized to fix, revise, charge and collect tolls and fees 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 fiber optic, 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:  Provided, That the Parkways Authority may not charge tolls or fees for transit over an existing road without express legislative authorization for the charging of such tolls or fees:
(a) The Parkways Authority is hereby authorized to fix, revise, charge and collect tolls and fees 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, fiber optic or other data transmission lines or devices, 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:
Provided, however, That an existing road does not include the West Virginia Turnpike, new lanes or sections of an existing road, the replacement or construction of any bridge or tunnel, or related facilities.
Provided, That the Parkways Authority may not charge tolls or fees for transit over an existing road without express legislative authorization for the charging of such tolls or fees:
Provided, however, That an existing road does not include the West Virginia Turnpike, new lanes or new sections of an existing road, the replacement or construction of any bridge or tunnel, or related facilities.
to pay:
(1) To pay the cost of acquiring, constructing, reconstructing, maintaining, repairing, improving and operating such project or projects and to create reserves therefor;
(A) The (1) To pay the cost of acquiring, constructing, reconstructing, maintaining, repairing, improving and operating such project or projects and to create reserves therefor;
(2) to pay the principal of and the interest on such bonds and related costs and expenses as the same shall become due and payable, and to create reserves for such purposes;
and (B) (2) to pay the principal of and the interest on such bonds and related costs and expenses as the same shall become due and payable, and to create reserves for such purposes;
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 acquiring, constructing, reconstructing, maintaining, improving, repairing and operating 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:
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 acquiring, constructing, reconstructing, maintaining, improving, repairing and operating such project or projects 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:
(2)(A) In fiscal year one thousand nine hundred ninety-eight, 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 two hundred fifty thousand dollars to the Hatfield-McCoy regional recreation authority from any remaining balance of revenues received from economic development projects and tourism projects.
  (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.
(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 six million dollars 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 six million dollars.
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 two hundred fifty thousand dollars to the Hatfield-McCoy regional recreation authority in the fiscal year ending the thirtieth day of June, two thousand, 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.
(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.
§17-16A-13a.  Public notice and hearing meeting requirements.
§17-16A-13a.  Public notice and meeting requirements.
(a) Notwithstanding any provision of the law to the contrary, on and after July 1, 2010 the effective date of the amendment and reenactment of this section in the year 2017, the Parkways Authority is authorized after prior public notice and hearing meeting, as set forth in this section, to:
(a) Notwithstanding any provision of the law to the contrary, on and after the effective date of the amendment and reenactment of this section in 2017, the Parkways Authority is authorized after prior public notice and meeting, as set forth in this section, to:
Provided, That the Parkways Authority may not increase any passenger vehicle rates, tolls or charges without establishing either a single fee program pursuant to subdivision (16), subsection (a), section six of this article or a passenger motor vehicle unlimited use single fee EZ Pass transponder discount program:
Provided, That the Parkways Authority may not increase any passenger vehicle rates, tolls or charges without establishing either a single fee program pursuant to subdivision (16), subsection (a), section six of this article or a passenger motor vehicle unlimited use single fee EZ Pass transponder discount program pursuant to section twenty-nine of this article:
Provided, however, That the single annual fee proposed to be charged under either such program may not exceed an amount equal to the sum of:
Provided, however, That the program shall extend at least through the period that any rates, tolls or charges are imposed:
(1) 2.5 times the total toll rate for a single passage of a two-axle passenger motor vehicle through every toll plaza facility maintained by the Parkways Authority;
Provided further, That the single annual fee proposed to be charged under either such program may not exceed:
and (2) a usage fee for the EZ Pass transponder, radio frequency identifying tag or other device issued by the Parkways Authority to participate in such program, which fee shall not exceed the actual cost of issuing such device;
 (A) An amount of $25 per year:
Provided, That the Parkways Authority may adjust this amount every three years:  Provided, however, That an increase in such amount may not exceed five percent of the amount at each adjustment;
and  (B) A usage fee for the EZ Pass transponder, radio frequency identifying tag or other device issued by the Parkways Authority to participate in such program, which fee shall not exceed the actual cost of issuing such device;
(b) The Parkways Authority shall publish notice of any proposed contract, project or bond which would require the Parkways Authority to fix any initial toll rates or charges or fees or result in an increase of any toll rates or charges or fees, or extend any bond repayment obligation along with the associated initial rate or fee and rate or fee increase, or revised bond repayment period by a Class II legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code, published and of general circulation in each county which borders the parkway project or proposed parkway project affected by the proposed contract, project or bond.
(b) The Parkways Authority shall publish notice of any proposed contract, project or bond which would require the Parkways Authority to fix any initial toll rates or charges or fees or result in an increase of any toll rates or charges or fees, along with the associated initial rate or fee and rate or fee increase, by a Class II legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code, published and of general circulation in each county which borders the parkway project or proposed parkway project affected by the proposed contract, project or bond.
(c) Once notice has been provided in accordance with the provisions of this section, the Parkways Authority shall conduct a public hearing in each county which borders the parkway project or proposed parkway project affected by the proposed contract, project or bond, and any at least one public meeting at a reasonable time and location in any county which borders the parkway project or proposed parkway project affected by the proposed contract, project or bond, to allow interested members of the public an opportunity to ask questions and give written comments during the meeting respecting the proposed contract, project or bond which would require the Parkways Authority to fix any initial toll rates or charges or fees or result in an increase of any toll rates or charges or fees.
(c) Once notice has been provided in accordance with the provisions of this section, the Parkways Authority shall conduct at least one public meeting at a reasonable time and location in any county which borders the parkway project or proposed parkway project affected by the proposed contract, project or bond, to allow interested members of the public an opportunity to ask questions and give written comments during the meeting respecting the proposed contract, project or bond which would require the Parkways Authority to fix any initial toll rates or charges or fees or result in an increase of any toll rates or charges or fees.
The public notice and written public comment period shall be conducted not less than forty-five days from the publication of the notice and the affected public must be provided with at least twenty days’ notice of each any scheduled public hearing meeting.
The public notice and written public comment period shall be conducted not less than forty-five days from the publication of the notice and the affected public must be provided with at least twenty days’ notice of any scheduled public meeting.
(d) All studies, records, documents and other materials which were considered by the Parkways Authority before recommending the approval of any such project or recommending the adoption of any such initial rate or increase shall be made available for public inspection for a period of at least twenty days prior to the scheduled hearing meeting at a convenient location in each county where a public hearing meeting is held or online.
(d) All studies, records, documents and other materials which were considered by the Parkways Authority before recommending the approval of any such project or recommending the adoption of any such initial rate or increase shall be made available for public inspection for a period of at least twenty days prior to the scheduled meeting at a convenient location in each county where a public meeting is held or online.
(e) At the conclusion of all required public hearings, the Parkways Authority shall render a final decision which shall include written findings of fact supporting its final decision on any proposed project which would result in or require initial rates, a rate increase, or prior to finally approving any proposed initial rate or toll or rate or toll increase, and such required findings and conclusions must reference and give due consideration to the public comments and additional evidence offered during the public hearings.
  (e) Any final action taken by the Parkways Authority to approve or implement any proposed initial rate or fee, rate or fee increase, contract or project which would require or result in a proposed initial rate or toll or fee or a proposed increase of any rate or tolls along any portion of a parkway project or fee for any single fee program without first satisfying the public notice and meeting requirements of this section, shall be null and void.
(f) (e) On and after July 1, 2010, any Any final action taken by the Parkways Authority to approve or implement any proposed initial rate or fee, rate or fee increase, contract or project which would require or result in a proposed initial rate or toll or fee or a proposed increase of any rate or tolls along any portion of the a parkway project or fee for any single fee program without first satisfying the public notice and hearing meeting requirements of this section, shall be null and void.
Provided, That an existing road does not include the West Virginia Turnpike, new lanes or sections of an existing road, the replacement or construction of any bridge or tunnel, or related facilities.
Provided, That an existing road does not include the West Virginia Turnpike, new lanes or new sections of an existing road, the replacement or construction of any bridge or tunnel, or related facilities.
§17-16A-18.  Cessation of tolls Corridor L toll fees authorized;
§17-16A-18.  Corridor L toll fees authorized;
(a) Except as provided herein, when all bonds issued under the provisions of this article in connection with any parkway project or projects and the interest thereon shall have been paid or a sufficient amount for the payment of all such bonds and the interest thereon to the maturity thereof shall have 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.
 (a) The Parkways Authority is hereby authorized to operate the currently existing toll collection facility located at the interchange of U.
(b) No later than February 1, 1990, the parkways authority shall discontinue, 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, the toll collection facilities at the intersection of U.S.
Route 19 (Corridor “L”) and said turnpike.
(a) The Parkways Authority is hereby authorized to operate the currently existing toll collection facility located at the interchange of U.
The  Parkways Authority  is hereby authorized to provide by resolution for the issuance of parkway revenue refunding bonds of the state for the purpose of refunding any bonds then outstanding which shall have been issued or may be issued under the provisions of this article in connection with the construction of any parkway project, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds;
The Parkways Authority is hereby authorized to provide by resolution for the issuance of parkway revenue refunding bonds of the state for the purpose of refunding any bonds then outstanding which shall have been issued or may be issued under the provisions of this article in connection with the construction of any parkway project, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds;
After the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six, no issuance of a refunding bond may extend the maturity date of such bond being refunded and may not exceed the outstanding principal of such bond being refunded.
No issuance of a refunding bond may extend the maturity date of such bond being refunded and may not exceed the outstanding principal of such bond being refunded.
Any refunding bond issued after the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six shall be structured to provide for approximately level annual debt service savings each fiscal year through the final maturity or structured to approximate the level of debt service that would have been paid prior to the refunding, with a preponderance of the savings being deferred toward eliminating or reducing the most distant maturities.
Any refunding bond shall be structured to provide for approximately level annual debt service savings each fiscal year through the final maturity or structured to approximate the level of debt service that would have been paid prior to the refunding, with a preponderance of the savings being deferred toward eliminating or reducing the most distant maturities.
The Parkways Authority is hereby authorized to provide by resolution for the issuance of parkway revenue refunding bonds of the state in an aggregate principal amount not to exceed $60,000,000 for the purpose of refunding any bonds which shall have been issued under this article, or any predecessor thereof, in connection with the construction of the West Virginia Turnpike, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, to the extent permissible under federal law and if deemed advisable by the parkways authority Parkways Authority, for repaying to the state all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards:
The Parkways Authority is hereby authorized to provide by resolution for the issuance of parkway revenue refunding bonds of the state for the purpose of refunding any bonds which shall have been issued under this article, or any predecessor thereof, in connection with the construction of the West Virginia Turnpike, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, to the extent permissible under federal law and if deemed advisable by the Parkways Authority, for repaying to the state all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards:
Provided, That any proceeds derived from the issuance of such bonds which are used on any parkway project other than the West Virginia Turnpike must be used solely on parkway projects:
Provided, That none of the proceeds of the issuance of parkway revenue refunding bonds issued under this section shall be used to pay all or any part of the cost of any economic development project or tourism project.
(i) Which are either connected to or intersect with the West Virginia Turnpike and are within seventy-five air miles of said turnpike as it exists on the first day of June, one thousand nine hundred eighty-nine, or any subsequent expressway, trunkline, turnpike, feeder road, state local service road or park and forest road constructed pursuant to this article;
and (ii) which involve the upgrading or addition of interchanges, the construction of expressways or feeder roads, or the upgrading or construction of information centers, visitors’ centers, rest stops or any combination thereof:
Provided, however That none of the proceeds of the issuance of parkway revenue refunding bonds issued under this section shall be used to pay all or any part of the cost of any economic development project or tourism project.
After the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six, no issuance of a refunding bond may extend the maturity date of such bond being refunded and may not exceed the outstanding principal of such bond being refunded.
The authority to issue parkway revenue refunding bonds under the provisions of this section and section twenty-one of this article does not extend to the refunding of any parkway revenue refunding bonds outstanding on the effective date of the amendment and reenactment of such sections in 2017.  No issuance of a refunding bond may extend the maturity date of such bond being refunded and may not exceed the outstanding principal of such bond being refunded.
Any refunding bond issued after the effective date of the amendments to this article enacted by the Legislature during the regular session in two thousand six shall be structured to provide for approximately level annual debt service savings each fiscal year through the final maturity or structured to approximate the level of debt service that would have been paid prior to the refunding, with a preponderance of the savings being deferred toward eliminating or reducing the most distant maturities.
Any refunding bond six shall be structured to provide for approximately level annual debt service savings each fiscal year through the final maturity or structured to approximate the level of debt service that would have been paid prior to the refunding, with a preponderance of the savings being deferred toward eliminating or reducing the most distant maturities.
For purposes of this section, the outstanding principal is to be determined as of the date on which the revenue bond is refinanced §17-16A-29.
For purposes of this section, the outstanding principal is to be determined as of the date on which the revenue bond is refinanced.
§17-16A-29.
Provided, That prior to the fixation of any initial rates, tolls or charges or any increase in any rates, tolls or charges along any portion of the parkway project, the Parkways Authority shall may create a discount program for purchasers of West Virginia EZ Pass transponders.
Provided, That prior to the fixation of any initial rates, tolls or charges or any increase in any rates, tolls or charges along any portion of the parkway project, the Parkways Authority may create a discount program for purchasers of West Virginia EZ Pass transponders.
(b) The Authority shall provide public notice and hold a public hearings meeting on any proposed discount program as required in section thirteen-a of this article prior to implementation of such program.
(b) The authority shall provide public notice and hold a public meeting on any proposed discount program as required in section thirteen-a of this article prior to implementation of such program.
(c) Annually, the Parkways Authority shall hold at least one public informational session in each of the following counties:
  (c) For purposes of this section, a “West Virginia EZ Pass transponder” means a device issued by the Parkways Authority which allows the purchaser to attach the device to his or her motor vehicle and travel through a Parkways Authority toll facility and be billed for such travel by the authority.
Kanawha, Fayette, Raleigh and Mercer counties.
§17-16A-30.
The Authority is to distribute educational materials and other information concerning the discount program for purchasers of West Virginia EZ Pass transponders described in this section.
Coordination with county commission in counties where a parkway project may be located.
(d) Upon the effective date of the amendments to this section enacted during the regular session of the Legislature in the year 2010, the Authority shall make available West Virginia EZ Pass transponders to the public without the payment of any monetary security deposit.
Once a parkway project for a new toll road is identified by the authority, the Governor shall appoint, with the advice and consent of the Senate, two persons from each county where the parkway project for the new toll road is located to serve on a local committee to provide recommendations and suggestions to the authority on all matters regarding the local identified project.  The local committee shall also report any of its findings to the county commission or county commissions of the counties in which the parkway project for the new toll road is located.  Prior to any final approval of a parkway project for a new toll road, the county commissions of the counties in which the parkway project road is located shall by resolution approve the parkway project:
The Authority shall credit any individual that has paid a security deposit for a West Virginia EZ Pass transponder prior to July 1, 2010, on the individual’s next billing statement (e) (c) For purposes of this section, a “West Virginia EZ Pass transponder” means a device issued sold by the Parkways Authority which allows the purchaser to attach the device to his or her motor vehicle and travel through a Parkways Authority toll facility and be billed for such travel by the authority.
Provided, That a resolution approving the parkway project for a new toll road is only required from a simple majority of the county commissions of the counties in which the parkway project for a new toll road is located.
Provided, That the application of this article should not apply to (1) Future highway construction provided for in the Division of Highways’ Statewide Transportation Improvement Plan at the time of the enactment of this article;
  CHAPTER 17A.
and (2) Existing toll roads:
Provided, That this section may not be construed to prohibit the collection and enforcement of tolls pursuant to article sixteen-a, chapter seventeen of this code CHAPTER 17A.
The division is hereby authorized, directed and empowered to enter into all necessary agreements with the West Virginia Parkways Authority that will permit the division to collect, as agent for and on behalf of the said Parkways Authority, all road user fees imposed by such authority under subdivision (8), subsection (a), section six, article sixteen-a, chapter seventeen of this code, or any other applicable section of its enabling legislation, and thereafter, to deposit all such road user fees collected by the division, in its capacity as collection agent, in the State Treasury and credited to the West Virginia Parkways Authority Single Fee Program Fund established within the West Virginia Parkways Authority for single user fees in accordance with section eleven-a, article sixteen-a, chapter seventeen of this code.
The Division is hereby authorized, directed and empowered to enter into all necessary agreements with the West Virginia Parkways Authority to collect road user fees imposed by the authority under subdivision (16), subsection (a), section six, article sixteen-a, chapter seventeen of this code, or any other applicable section of its enabling legislation, and to deposit the fees collected by the Division into the West Virginia Parkways Authority Single Fee Program Fund established under section eleven-a, article sixteen-a, chapter seventeen of this code.
or (7) That the vehicle is operated by a commercial motor carrier who has failed to provide a federal motor carrier identification number (USDOT number) or whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration;
(7) That the vehicle is operated by a commercial motor carrier who has failed to provide a federal motor carrier identification number (USDOT number) or whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration;
In addition to each fee provided in this article, an additional fee for any single fee program that may be implemented by the West Virginia Parkways Authority pursuant to section six, article sixteen-a, chapter seventeen of this code shall be payable upon the issuance of each certificate of registration and renewal thereof issued pursuant to article three of this chapter.  All money collected by the division, as collection agent for the authority under this section, shall be deposited in a special fund in the State Treasury and credited to the West Virginia Parkways Authority Single Fee Program Fund established within the West Virginia Parkways Authority for single user fees in accordance with section eleven-a, article sixteen-a, chapter seventeen of this code.  The additional fee provided herein may be imposed for each application for such certificate and renewal thereof made on or after July 1, 2017.
In addition to each fee provided in this article, an additional fee for any single fee program that may be implemented by the West Virginia Parkways Authority pursuant to section six, article sixteen-a, chapter seventeen of this code shall be payable upon the issuance of each certificate of registration and renewal thereof issued pursuant to article three of this chapter.  The Division shall collect and deposit all the additional fees into the West Virginia Parkways Authority Single Fee Program Fund created in section eleven-a, article sixteen-a, chapter seventeen of this code.  The additional fee provided herein may be imposed for each application for such certificate and renewal thereof made on or after July 1, 2017.
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Action History

  1. Chapter 5, Acts, 1st Extraordinary Session, 2017

  2. Approved by Governor 6/22/17 - Senate Journal

  3. Approved by Governor 6/22/17 - House Journal

  4. To Governor 6/19/17 - Senate Journal

  5. To Governor 6/19/17 - House Journal

  6. Approved by Governor 6/22/17

  7. To Governor 6/19/17

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Effective from passage (Roll No. 61)

  12. Senate concurred in House amendments and passed bill (Roll No. 60)

  13. House Message received

  14. Communicated to Senate

  15. Effective from passage (Roll No. 679)

  16. Title amendment adopted (Voice vote)

  17. Passed House (Roll No. 678)

  18. Read 3rd time

  19. Committee amendment adopted (Voice vote)

  20. Read 2nd time

  21. Dispensed with Constitutional Rule (Roll No. 677)

  22. Read 1st time

  23. Motion to take bill up for immediate consideration and read a first time adopted (Roll No. 676)

  24. With amendment, do pass

  25. To House Finance

  26. To Finance

  27. Introduced in House

  28. Ordered to House

  29. Effective from passage (Roll No. 28)

  30. Passed Senate with amended title (Roll No. 28)

  31. Read 3rd time

  32. Trump Floor amendment #2 adopted (Voice vote)

  33. Trump Floor amendments #1 adopted (Voice vote)

  34. Deferred until foot of 1st reading

  35. Laid over on 3rd reading 5/23/17 with right to amend

  36. Laid over on 3rd reading 5/22/17 with right to amend

  37. On 3rd reading with right to amend

  38. Read 2nd time

  39. Immediate consideration

  40. Reported do pass

  41. Referred to Rules on 2nd reading

  42. On 2nd reading

  43. Read 1st time

  44. Committee reference dispensed

  45. Immediate consideration

  46. Introduced in Senate

  47. Filed for introduction

Sponsors

  • Prezioso · Cosponsor
  • Carmichael · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on · 9 voted No

Sponsors (1)

  • Carmichael

Co-sponsors (1)

  • Prezioso

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 64 Yea · 24 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 4516011
Republican 14801
Democrat 5000
Total 6424012
% of votes cast 64%24%0%12%
How each member voted (100)
Member Party Vote
Foster, G. — Yea
Sypolt — Yea
Thompson — Yea
Nelson — Yea
Hartman — Yea
Atkinson — Yea
Brewer — Yea
Byrd — Yea
Ferro — Yea
Lynch — Yea
Marcum — Yea
Sponaugle — Yea
Wagner — Yea
Walters — Yea
Speaker Armstead — Yea
Diserio — Yea
Romine, C. — Yea
Evans, E. — Yea
Romine, R. — Not Voting
Arvon — Not Voting
Evans, A. — Not Voting
Foster, N. — Not Voting
Phillips — Not Voting
Blair — Nay
Martin — Nay
Martin — Nay
Boggs — Yea
Capito — Yea
Caputo — Yea
Cowles — Yea
Espinosa — Nay
Fast — Nay
Folk — Nay
Harshbarger — Nay
Hicks — Yea
Hill — Nay
Hollen — Yea
Householder — Not Voting
Kessinger — Nay
Love — Yea
O'Neal — Not Voting
Overington — Nay
Pethtel — Yea
Robinson — Yea
Rowan — Yea
Sobonya — Nay
Storch — Nay
Upson — Nay
Wilson — Nay
Ambler — Not Voting
Baldwin — Yea
Bates — Yea
Boggs — Yea
Boggs — Yea
Canestraro — Yea
Deem — Not Voting
Fleischauer — Yea
Frich — Nay
Hamrick — Nay
Higginbotham — Yea
Isner — Yea
Longstreth — Yea
Lovejoy — Yea
Miley — Yea
Miley — Yea
Moye — Yea
Pyles — Yea
Rodighiero — Yea
Rowe — Yea
Shott — Yea
Summers — Not Voting
Westfall — Not Voting
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
Erica Moore Republican Nay
Erica Moore Republican Nay
Erica Moore Republican Nay
Gary G. Howell Republican Nay
George Miller Republican Yea
Guy Ward Republican Nay
Jason Barrett Republican Nay
Jeff Eldridge Republican Yea
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Nay
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Nay
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

IMMED. AND READ FIRST

Passed 70 Yea · 15 Nay · 15 Other
Party YeaNayPresentNot Voting
Unaffiliated 5010012
Democrat 5000
Republican 15503
Total 7015015
% of votes cast 70%15%0%15%
How each member voted (100)
Member Party Vote
Atkinson — Yea
Ferro — Yea
Fleischauer — Yea
Frich — Yea
Longstreth — Yea
Love — Yea
Lynch — Yea
Miley — Yea
Shott — Yea
Sponaugle — Yea
Romine, C. — Yea
Foster, G. — Yea
Blair — Yea
Sypolt — Yea
Thompson — Yea
Hartman — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Speaker Armstead — Yea
Evans, E. — Yea
Lane — Yea
Arvon — Not Voting
Evans, A. — Not Voting
Foster, N. — Not Voting
Phillips — Not Voting
Romine, R. — Not Voting
Martin — Nay
Maynard — Nay
Brewer — Yea
Canestraro — Yea
Capito — Yea
Cowles — Yea
Deem — Not Voting
Espinosa — Yea
Folk — Nay
Harshbarger — Yea
Higginbotham — Yea
Hill — Nay
Iaquinta — Not Voting
Isner — Yea
O'Neal — Yea
Overington — Yea
Pethtel — Yea
Pyles — Yea
Rodighiero — Nay
Storch — Yea
Upson — Yea
Wagner — Yea
Westfall — Not Voting
Ambler — Not Voting
Baldwin — Yea
Bates — Yea
Boggs — Yea
Byrd — Yea
Caputo — Yea
Fast — Nay
Hamrick — Yea
Hicks — Yea
Hollen — Yea
Householder — Not Voting
Kessinger — Nay
Lovejoy — Yea
Marcum — Nay
Moye — Yea
Paynter — Nay
Robinson — Yea
Rowan — Yea
Rowe — Not Voting
Sobonya — Yea
Summers — Not Voting
Wilson — Nay
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Not Voting
Guy Ward Republican Nay
Jason Barrett Republican Yea
Jeff Eldridge Republican Nay
Jim Butler Republican Not Voting
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Nay
Mark Zatezalo Republican Yea
Marty Gearheart Republican Nay
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Nay
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passed 73 Yea · 13 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 5110011
Republican 17303
Democrat 5000
Total 7313014
% of votes cast 73%13%0%14%
How each member voted (100)
Member Party Vote
Evans, E. — Yea
Foster, G. — Yea
Blair — Yea
Sypolt — Yea
Nelson — Yea
Thompson — Yea
Hartman — Yea
Walters — Yea
Speaker Armstead — Yea
Diserio — Yea
Lane — Yea
Romine, C. — Yea
Atkinson — Yea
Boggs — Yea
Brewer — Yea
Byrd — Yea
Canestraro — Yea
Capito — Yea
Caputo — Yea
Espinosa — Yea
Fleischauer — Yea
Hamrick — Yea
Harshbarger — Yea
Higginbotham — Yea
Longstreth — Yea
Lovejoy — Yea
Miley — Yea
O'Neal — Yea
Overington — Yea
Pethtel — Yea
Pyles — Yea
Rodighiero — Yea
Rowe — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Upson — Yea
Wagner — Yea
Arvon — Not Voting
Evans, A. — Not Voting
Foster, N. — Not Voting
Phillips — Not Voting
Romine, R. — Not Voting
Maynard — Nay
Martin — Nay
Deem — Not Voting
Folk — Nay
Hicks — Nay
Hill — Nay
Householder — Not Voting
Iaquinta — Not Voting
Paynter — Nay
Westfall — Not Voting
Wilson — Nay
Ambler — Not Voting
Baldwin — Yea
Bates — Yea
Cowles — Yea
Fast — Nay
Ferro — Yea
Frich — Yea
Hollen — Yea
Isner — Yea
Kessinger — Nay
Love — Yea
Lynch — Yea
Marcum — Nay
Moye — Yea
Robinson — Yea
Rowan — Yea
Sobonya — Yea
Summers — Not Voting
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Not Voting
Guy Ward Republican Nay
Jason Barrett Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Not Voting
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Nay
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Nay
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

EFFECT FROM PASSAGE

Passed 73 Yea · 10 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 517014
Republican 17303
Democrat 5000
Total 7310017
% of votes cast 73%10%0%17%
How each member voted (100)
Member Party Vote
Foster, G. — Yea
Blair — Yea
Maynard — Yea
Sypolt — Yea
Thompson — Yea
Hartman — Yea
Nelson — Yea
Walters — Yea
Atkinson — Yea
Brewer — Yea
Byrd — Yea
Canestraro — Yea
Capito — Yea
Caputo — Yea
Ferro — Yea
Fleischauer — Yea
Frich — Yea
Hicks — Yea
Longstreth — Yea
Lovejoy — Yea
Lynch — Yea
Moye — Yea
Overington — Yea
Rowan — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Upson — Yea
Wagner — Yea
Diserio — Yea
Speaker Armstead — Yea
Lane — Yea
Evans, E. — Yea
Romine, C. — Yea
Arvon — Not Voting
Evans, A. — Not Voting
Foster, N. — Not Voting
Phillips — Not Voting
Romine, R. — Not Voting
Martin — Nay
Boggs — Not Voting
Folk — Nay
Harshbarger — Nay
Hollen — Yea
Householder — Not Voting
Isner — Yea
Kessinger — Nay
O'Neal — Not Voting
Paynter — Nay
Pyles — Yea
Robinson — Yea
Rodighiero — Yea
Westfall — Not Voting
Wilson — Nay
Ambler — Not Voting
Baldwin — Yea
Bates — Yea
Cowles — Yea
Deem — Not Voting
Espinosa — Yea
Fast — Yea
Hamrick — Yea
Higginbotham — Yea
Hill — Nay
Iaquinta — Not Voting
Love — Yea
Marcum — Yea
Miley — Not Voting
Pethtel — Yea
Rowe — Yea
Sobonya — Yea
Summers — Not Voting
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Not Voting
Guy Ward Republican Nay
Jason Barrett Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Not Voting
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Nay
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Nay
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 26 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 3100
Unaffiliated 23403
Total 26503
% of votes cast 76%15%0%9%
How each member voted (34)
Member Party Vote
KARNES — Nay
RUCKER — Not Voting
BEACH — Yea
MANN — Yea
SMITH — Nay
BLAIR — Yea
MARONEY — Not Voting
STOLLINGS — Yea
BOLEY — Yea
MAYNARD — Nay
SWOPE — Yea
BOSO — Yea
SYPOLT — Nay
MULLINS — Not Voting
TAKUBO — Yea
CLINE — Yea
OJEDA — Yea
TRUMP — Yea
FACEMIRE — Yea
PALUMBO — Yea
UNGER — Yea
FERNS — Yea
PLYMALE — Yea
WELD — Yea
GAUNCH — Yea
PREZIOSO — Yea
WOELFEL — Yea
ROMANO — Yea
MR PRESIDENT — Yea
JEFFRIES — Yea
Charles H. Clements Republican Yea
George Miller Republican Yea
Mike Azinger Republican Nay
Walter Hall Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 1003?
SB 1003 is sponsored by Prezioso and Carmichael.
What is the current status of SB 1003?
This bill has been enacted into law. Introduced May 04, 2017. Enacted.
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