West Virginia 2019 Regular Session Status: To Executive Bipartisan · 2 D · 1 R cosponsors

HB 3044 — Requiring the Commissioner of Highways to develop a formula for allocating road funds

Last action — Vetoed by Governor 3/27/19

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

This bill died with 2019 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

68 added · 83 removed

Plain-language change summary

The updated version of Bill HB 3044 clarifies the definition of "District" by stating it includes one of the management areas set by the West Virginia Division of Highways, instead of specifying it as one of the ten road maintenance districts. Additionally, it emphasizes the need for a transparent process to allocate road funds, which is essential for ensuring that funding meets the specific needs of counties. This change matters because it allows for a more flexible management structure and promotes greater accountability in how road funds are distributed, aiming for improved infrastructure across the state.

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NEWS RELEASES HELPFUL LINKS Engrossed Version « House Bill 3044 History OTHER VERSIONS  —  Introduced Version  |  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 3044 History OTHER VERSIONS  —  Introduced Version  |  Engrossed Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session ENGROSSED House Bill 3044 By Delegates Williams, Summers, Fleischauer, Pyles, Walker, Hansen, Caputo, Miley, Zukoff, Queen and Sypolt [Introduced February 12, 2019;
Red = new code to be enacted WEST virginia legislature regular session ENROLLED House Bill 3044 By Delegates Williams, Summers, Fleischauer, Pyles, Walker, Hansen, Caputo, Miley, Zukoff, Queen and Sypolt [Passed March 9, 2019;
Referred to the Committee on Government Organization.] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-30-1, §17-30-2, §17-30-3, §17-30-4 and §17-30-5, all relating to requiring the Commissioner of Highways to develop a formula for allocating road funds among districts, for the benefit of the counties;
in effect ninety days from passage.] AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-30-1, §17-30-2, §17-30-3, §17-30-4 and §17-30-5, all relating to requiring the Commissioner of Highways to develop a formula for allocating road funds among districts, for the benefit of the counties;
ARTICLE 30.  Allocation of Funds.
ARTICLE 30.
Allocation of Funds.
“District” means one of the ten road maintenance districts established by the West Virginia Division of Highways.
“District” means one of the management areas of the state, which include one or more counties, established by the West Virginia Division of Highways, with each district headed by a separate district engineer or manager.
“Heavy truck” means an on-road vehicle with a gross vehicle weight rating of fifty thousand pounds or more.
“Heavy truck” means an on-road vehicle with a gross vehicle weight rating of 50,000 pounds or more.
“Road funds” means federal or state funds appropriated or otherwise available to the West Virginia Division of Highways for the purpose of:
“Road funds” means state funds appropriated or otherwise available to the West Virginia Division of Highways for the purpose of:
(a) Prior to the beginning of the regular legislative session in 2020, the commissioner shall develop and propose a formula for the effective and efficient allocation of state and federal road funds among the districts and counties in this state, to be promulgated as a legislative rule.
(a) Prior to the beginning of the regular legislative session in 2020, the commissioner shall develop and propose a formula for the effective and efficient allocation of state road funds among the districts and counties in this state, to be promulgated as a legislative rule.
(b) The commissioner shall include the following factors in the formula developed pursuant to this section:
(b) The commissioner shall include, but not be limited to, the following factors in the formula developed pursuant to this section:
(2) The amount of population growth in each county according to the most recent United States Census projection;
 (2) The amount of population growth in each county according to the most recent United States Census projection;
(a) During the regular legislative session of 2020, the commissioner shall submit the formula developed pursuant to this section to the Legislature for approval as a legislative rule, in accordance with the requirements of §29A-3-1 et seq.
(a) For approval during the regular legislative session of 2021, the commissioner shall propose rules for legislative approval in accordance with the requirements of §29A-3-1 et seq.
of this code.
of this code, including the formula developed pursuant to this section.
(b) The legislative rule promulgated pursuant to this article shall allow districts to exercise discretion over how to distribute funds among counties within the district over a period of five years:
(b) The proposed legislative rule shall allow districts to exercise discretion over how to distribute funds among counties within the district over a period of five years:
  NOTE:
(c) On or before June 30, 2020, the commissioner shall present the proposed legislative rule containing the formula developed pursuant to this section to the Joint Legislative Oversight Commission on Department of Transportation Accountability.
The purpose of this bill is to require the Commissioner of Highways to develop a formula for allocating road funds among districts, for the benefit of the counties;
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to make legislative findings;
to require the commissioner to solicit and consider public comments;
to require the commissioner to consider certain factors when developing the formula;
and to require the commissioner to submit the formula to the Legislature for approval as a legislative rule.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
  Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
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Action History

  1. Vetoed by Governor 3/27/19

  2. To Governor 3/21/19

  3. Vetoed by Governor 3/27/19 - House Journal

  4. Vetoed by Governor 3/27/19 - Senate Journal

  5. To Governor 3/21/19 - Senate Journal

  6. To Governor 3/21/19 - House Journal

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 551)

  11. House Message received

  12. Communicated to Senate

  13. House concurred in Senate amend with amend, passed bill (Roll No. 738)

  14. House reconsidered its action

  15. House received Senate message

  16. Communicated to House

  17. Senate appoints conference committee: Clements, Swope, Beach

  18. Senate refused to recede; requested conference (Voice vote)

  19. House Message received

  20. Communicated to Senate

  21. House refused to concur; requested Senate to recede (Voice)

  22. House received Senate message

  23. Senate requests House to concur

  24. Passed Senate (Roll No. 480)

  25. Read 3rd time

  26. On 3rd reading

  27. Committee amendment adopted (Voice vote)

  28. Read 2nd time

  29. On 2nd reading

  30. Read 1st time

  31. On 1st reading

  32. Reported do pass, with amendment

  33. To Transportation and Infrastructure

  34. To Transportation and Infrastructure

  35. Introduced in Senate

  36. House Message received

  37. Communicated to Senate

  38. Passed House (Roll No. 338)

  39. Read 3rd time

  40. On 3rd reading, Special Calendar

  41. Amendment adopted (Voice vote)

  42. Read 2nd time

  43. On 2nd reading, Special Calendar

  44. Read 1st time

  45. Immediate consideration

  46. Do pass

  47. To House Government Organization

  48. Introduced in House

  49. To Government Organization

  50. Filed for introduction

Sponsors

  • Ben Queen · Cosponsor
  • Pyles · Cosponsor
  • Zukoff · Cosponsor
  • Caputo · Cosponsor
  • Miley · Cosponsor
  • Fleischauer · Cosponsor
  • Evan Hansen · Cosponsor
  • Summers · Cosponsor
  • Walker · Cosponsor
  • Sypolt · Cosponsor
  • John Williams · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 10 co-sponsors · 141 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (10)

  • Ben Queen Republican
  • Pyles
  • Zukoff
  • Caputo
  • Miley
  • Fleischauer
  • Evan Hansen Democrat
  • Summers
  • Walker
  • Sypolt

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"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-SENATE AMENDED HB

Passed 97 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70100
Democrat 5000
Republican 22101
Total 97201
% of votes cast 97%2%0%1%
How each member voted (100)
Member Party Vote
Atkinson — Yea
Fast — Yea
Kessinger — Yea
Lavender-Bowe — Yea
Rowe — Yea
Evans — Yea
Foster — Yea
Brown, N. — Yea
Brown, S. — Yea
Sypolt — Yea
Maynard — Yea
Thompson, C. — Yea
Hartman — Yea
Thompson, R. — Yea
Tomblin — Yea
Nelson — Yea
Walker — Yea
Phillips — Yea
Diserio — Yea
Jeffries, J. — Yea
Bibby — Yea
Boggs — Yea
Byrd — Yea
Cadle — Yea
Capito — Yea
Caputo — Yea
Graves — Yea
Hanna — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Linville — Yea
Lovejoy — Yea
Malcolm — Yea
Miley — Yea
Pack — Yea
Porterfield — Yea
Robinson — Yea
Storch — Yea
Summers — Yea
Swartzmiller — Yea
Waxman — Yea
Westfall — Yea
Wilson — Yea
Zukoff — Yea
Espinosa — Yea
Paynter — Nay
Rodighiero — Yea
Rowan — Yea
Angelucci — Yea
Bates — Yea
Canestraro — Yea
Cowles — Yea
Doyle — Yea
Estep-Burton — Yea
Fleischauer — Yea
Hamrick — Yea
Hardy — Yea
Higginbotham — Yea
Kump — Yea
Longstreth — Yea
Mandt — Yea
Pethtel — Yea
Pyles — Yea
Shott — Yea
Skaff — Yea
Sponaugle — Yea
Staggers — Yea
Steele — Yea
Evan Hansen 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
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Nay
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Not Voting
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 32000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
LINDSAY — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
PALUMBO — Yea
TARR — Yea
PLYMALE — Yea
TRUMP — Yea
CLINE — Yea
PREZIOSO — Yea
UNGER — Yea
FACEMIRE — Yea
ROBERTS — Yea
WELD — Yea
HAMILTON — Yea
ROMANO — Yea
WOELFEL — Yea
HARDESTY — Yea
RUCKER — Yea
MR PRESIDENT — Yea
IHLENFELD — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

PASSAGE

Passed 97 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69101
Republican 23100
Democrat 5000
Total 97201
% of votes cast 97%2%0%1%
How each member voted (100)
Member Party Vote
Pack — Yea
Evans — Yea
Foster — Yea
Brown, N. — Yea
Brown, S. — Yea
Sypolt — Yea
Maynard — Yea
Thompson, C. — Yea
Thompson, R. — Yea
Hartman — Yea
Tomblin — Yea
Nelson — Yea
Atkinson — Yea
Bates — Yea
Bibby — Yea
Boggs — Yea
Byrd — Yea
Cadle — Yea
Estep-Burton — Yea
Fast — Yea
Graves — Yea
Hanna — Yea
Harshbarger — Yea
Hicks — Yea
Kump — Yea
Linville — Yea
Longstreth — Yea
Lovejoy — Yea
Mandt — Yea
Miley — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Summers — Yea
Swartzmiller — Yea
Walker — Yea
Phillips — Yea
Diserio — Yea
Jeffries, J. — Yea
Capito — Yea
Cowles — Yea
Doyle — Yea
Espinosa — Yea
Hollen — Yea
Householder — Yea
Kessinger — Not Voting
Pethtel — Yea
Porterfield — Yea
Pyles — Yea
Rodighiero — Yea
Rowan — Yea
Waxman — Yea
Westfall — Yea
Wilson — Yea
Zukoff — Yea
Angelucci — Yea
Canestraro — Yea
Caputo — Yea
Fleischauer — Yea
Hamrick — Yea
Hardy — Yea
Higginbotham — Yea
Hill — Yea
Lavender-Bowe — Yea
Malcolm — Yea
Paynter — Nay
Robinson — Yea
Rowe — Yea
Skaff — Yea
Staggers — Yea
Steele — Yea
Evan Hansen 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
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Nay
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

transportation
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Frequently asked questions

Who sponsors HB 3044?
HB 3044 is sponsored by Ben Queen (Republican), Pyles, Zukoff, Caputo, Miley, Fleischauer, Evan Hansen (Democrat), Summers, Walker, Sypolt, and John Williams (Democrat).
What is the current status of HB 3044?
This bill died with 2019 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 3044?
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