Bill Text: WV HB2027 | 2018 | Regular Session | Introduced
Bill Title: Providing for the transfer of ownership, operation and maintenance of certain assets of the West Virginia Parkways Authority to the Division of Highways
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-10 - To House Roads and Transportation [HB2027 Detail]
Download: West_Virginia-2018-HB2027-Introduced.html
WEST virginia
legislature
2017 regular session
By
[
to the Committee on Roads and Transportation then Finance
A BILL to amend and
reenact §15-2-12 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §17-16A-10
and §17-16A-18 of said code, all relating
to providing for the transfer of ownership, operation and maintenance of
certain assets of the West Virginia Parkways Authority to the Division of
Highways; reimbursement to the West Virginia State Police for performance of
police duties on the West Virginia Turnpike after the transfer; requiring that
the parkways authority bring the West Virginia Turnpike into compliance with
Division of Highways standards by June 30, 2019; requiring assessments of the
turnpike by the Division of Highways to identify certain deficiencies;
requiring the division to report its findings upon the assessments to the Joint
Committee on Government and Finance and the Governor; requiring the division to
certify certain findings upon the assessments to the Joint Committee on
Government and Finance and the Governor; requiring certain bonded indebtedness
of the Parkways Authority to be satisfied by June 30, 2019; prohibiting new
bonds from being issued; directing the Governor to issue a proclamation upon
finding that certain bonded indebtedness obligations are satisfied and
certain other conditions are met and directing the transfer of certain assets
and employees of the Parkways Authority be transferred to the Division of
Highways; providing for employees of the Parkways Authority whose positions are
eliminated as result of the transfer; requiring certain moneys be used for
operation and maintenance of, and for the provision of police services by the
West Virginia State Police on the West Virginia Turnpike; cessation of tolls
and removal of toll collection facilities; providing an exception; establishing
the “Turnpike Transition Fund”; funding sources and administration of the fund;
providing that all obligations and responsibilities of the parkways authority
for the West Virginia Turnpike cease and remaining assets be transferred to
Division of Highways on or before June 30, 2020; and authorizing rule-making.
Be it enacted by the
Legislature of West Virginia:
That §15-2-12 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; and that §17-16A-10
and §17-16A-18 of said code be amended
and reenacted, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-12. Mission of the
State Police; powers of superintendent, officers and members; patrol of
turnpike.
(a) The West Virginia State
Police shall have the mission of statewide enforcement of criminal and traffic
laws with emphasis on providing basic enforcement and citizen protection from
criminal depredation throughout the state and maintaining the safety of the
state's
public streets, roads and highways.
(b) The superintendent and
each of the officers and members of the division are hereby empowered:
(1) To make arrests
anywhere within the state of any persons charged with the violation of any law
of this state, or of the United States, and when a witness to the perpetration
of any offense or crime, or to the violation of any law of this state, or of
the United States, to make arrests without warrant; to arrest and detain any
persons suspected of the commission of any felony or misdemeanor whenever a
complaint is made and a warrant is issued thereon for the arrest, and the
person arrested shall be immediately brought before the proper tribunal for
examination and trial in the county where the offense for which the arrest has
been made was committed;
(2) To serve criminal
process issued by any court or magistrate anywhere within this state: Provided,
That they may not serve civil process; and
(3) To cooperate with local
authorities in detecting crime and in apprehending any person or persons
engaged in or suspected of the commission of any crime, misdemeanor or offense
against the law of this state, or of the United States, or of any ordinance of
any municipality in this state; and to take affidavits in connection with any
application to the Division of Highways, Division of Motor Vehicles and of West
Virginia State Police for any license, permit or certificate that may be
lawfully issued by these divisions of state government.
(c) Members of the West
Virginia State Police are hereby designated as forest patrolmen and natural
resources police officers throughout the state to do and perform any duties and
exercise any powers of forest patrolmen and natural resources police officers,
and may apprehend and bring before any court or magistrate having jurisdiction
of these matters, anyone violating any of the provisions of chapters twenty,
sixty and sixty-one of this code. The West Virginia State Police is at any time
subject to the call of the West Virginia Alcohol Beverage Control Commissioner
to aid in apprehending any person violating any of the provisions of chapter
sixty of this code. They shall serve and execute warrants for the arrest of any
person and warrants for the search of any premises issued by any properly
constituted authority, and shall exercise all of the powers conferred by law
upon a sheriff. They may not serve any civil process or exercise any of the
powers of an officer in civil matters.
(d) Any member of the West
Virginia State Police knowing or having reason to believe that any person has
violated the law may make complaint in writing before any court or officer
having jurisdiction and procure a warrant for the offender, execute the warrant
and bring the person before the proper tribunal having jurisdiction. The member
shall make return on all warrants to the tribunals and his or her official
title shall be "Member
of the West Virginia State Police".
Members of the West Virginia State Police may execute any summons or process
issued by any tribunal having jurisdiction requiring the attendance of any
person as a witness before the tribunal and make return thereon as provided by
law. Any return by a member of the West Virginia State Police showing the
manner of executing the warrant or process has the same force and effect as if
made by a sheriff.
(e) Each member of the West
Virginia State Police, when called by the sheriff of any county, or when
directed by the Governor by proclamation, has full power and authority within
the county, or within the territory defined by the Governor, to direct and
command absolutely the assistance of any sheriff, deputy sheriff, chief of
police, policeman, natural resources police officer and peace officer of the
state, or of any county or municipality therein, or of any able-bodied citizen
of the United States, to assist and aid in accomplishing the purposes expressed
in this article. When called, any officer or person is, during the time his or
her assistance is required, for all purposes a member of the West Virginia
State Police and subject to all the provisions of this article.
(f)(1) The
superintendent may also assign members of the division to perform police duties
on any turnpike or toll road, or any section of any turnpike or toll road,
operated by the West Virginia Parkways, Economic Development and Tourism
Authority: Provided, That the authority shall reimburse the West
Virginia State Police for salaries paid to the members and shall either pay
directly or reimburse the division for all other expenses of the group of
members in accordance with actual or estimated costs determined by the
superintendent.
(2)
The superintendent may also assign members of the division to perform police
duties on the highway now known and designated as the West Virginia Turnpike
after it is transferred to the Division of Highways pursuant to section
eighteen, article sixteen-a, chapter seventeen of this code. The Division of
Highways shall either partially or fully reimburse the West Virginia State
Police for the cost of providing the police services in accordance with section
eighteen, article sixteen-a, chapter seventeen of this code.
(g) The West Virginia State
Police may develop proposals for a comprehensive county or multicounty plan on
the implementation of an enhanced emergency service telephone system and may
cause a public meeting on the proposals, all as set forth in section six-a,
article six, chapter twenty-four of this code.
(h) By July 1, 1993, the
superintendent shall establish a network to implement reports of the
disappearance of children by local law-enforcement agencies to local school
division superintendents and the State Registrar of Vital Statistics. The
network shall be designed to establish cooperative arrangements between local
law-enforcement agencies and local school divisions concerning reports of
missing children and notices to law-enforcement agencies of requests for copies
of the cumulative records and birth certificates of missing children. The
network shall also establish a mechanism for reporting the identities of all
missing children to the State Registrar of Vital Statistics.
(i) The superintendent may
at his or her discretion and upon the written request of the West Virginia
Alcohol Beverage Control Commissioner assist the commissioner in the
coordination and enforcement of article sixteen, chapter eleven of this code
and chapter sixty of this code.
(j) Notwithstanding the
provisions of article one-a, chapter twenty of this code, the Superintendent of
the West Virginia State Police may sell any surplus real property to which the
West Virginia State Police or its predecessors retain title, and deposit the
net proceeds into a special revenue account to be utilized for the purchase of
additional real property and for repairs to or construction of detachment
offices or other facilities required by the West Virginia State Police. There
is hereby created a special revolving fund in the State Treasury which shall be
designated as the "Surplus
Real Property Proceeds Fund".
The fund shall consist of all money received from the sale of surplus real
property owned by the West Virginia State Police. Moneys deposited in the fund
shall only be available for expenditure upon appropriation by the Legislature: Provided,
That amounts collected which are found from time to time to exceed the funds
needed for the purposes set forth in this subsection may be transferred to
other accounts or funds and redesignated for other purposes by appropriation of
the Legislature.
(k) Notwithstanding any
other provision of this code, the agency for surplus property is hereby
empowered to transfer funds generated from the sale of vehicles, other
equipment and commodities belonging to the West Virginia State Police to a
special revenue account within the West Virginia State Police entitled the West
Virginia State Police surplus transfer account. Moneys deposited in the fund
shall only be available for expenditure upon appropriation by the Legislature: Provided,
That amounts collected which are found from time to time to exceed the funds
needed for the purposes set forth in this subsection may be transferred to
other accounts or funds and redesignated for other purposes by appropriation of
the Legislature. Any funds transferred to this account may be utilized by the
superintendent to defray the cost of normal operating needs of the division.
(l) If the State Police or
any other law-enforcement agency in this state receives a report that a person
who has Alzheimer's
disease and related dementia is missing, the State Police or any other law-enforcement
agency shall immediately open an investigation for the purpose of determining
the whereabouts of that missing person. Any policy of the State Police or any
other law-enforcement agency relating to a waiting period prior to initiation
of an investigation of a missing person does not apply in the case of a person
who has Alzheimer's
disease or other related dementia of the type referred to in this subsection.
(m) Notwithstanding any
provision of this code to the contrary, effective on and after July 1, 2007,
the expenses and salaries paid to the members of the West Virginia State Police
for the monitoring and enforcement duties defined in chapter seventeen-c of
this code may not be paid from the State Road Fund or subject to reimbursement
from the Division of Motor Vehicles but is subject to appropriation by the
Legislature.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT
AND TOURISM AUTHORITY.
§17-16A-10. Parkway
revenue bonds generally.
(a) The Parkways Authority
is authorized to provide by resolution for the issuance of parkway revenue
bonds of the state for the purpose of paying all or any part of the cost of one
or more parkway projects: 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: Provided,
however, That no bonds may be issued or reissued following the
reenactment of this section during the 2017 Regular Legislative Session. The principal of and the interest on bonds
shall be payable solely from the funds provided for payment.
(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.
(c) The Parkways Authority
shall determine the form of the bonds, including any interest coupons to be
attached thereto, and shall fix the denomination of the bonds and the place of
payment of principal and interest, which may be at any bank or trust company
within or without the state.
(d) The bonds shall be
executed by manual or facsimile signature by the chair of the Parkways
Authority, and the official seal of the Parkways Authority shall be affixed to
or printed on each bond, and attested, manually or by facsimile signature, by
the secretary and treasurer of the Parkways Authority. Any coupons attached to
any bond shall bear the manual or facsimile signature of the chair of the
Parkways Authority.
(e) In case any officer
whose signature or a facsimile of whose signature appears on any bonds or
coupons shall cease to be an officer before the delivery of the bonds, the
signature or facsimile shall nevertheless be valid and sufficient for all
purposes the same as if he had remained in office until delivery. In case the
seal of the Parkways Authority has been changed after a facsimile has been
imprinted on the bonds, then the facsimile seal will continue to be sufficient for
all purposes.
(f) All bonds issued under
the provisions of this article shall have all the qualities and incidents of
negotiable instruments under the negotiable instruments law of the state. The
bonds may be issued in coupon or in registered form, or both, as the Parkways
Authority may determine, and provision may be made for the registration of any
coupon bonds as to principal alone and also as to both principal and interest,
and for the recorders into coupon bonds of any bonds registered as to both principal
and interest.
(g) The Parkways Authority
may sell the bonds at a public or private sale at a price it determines to be
in the best interests of the state.
(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.
(i) If the proceeds of the
bonds of any issue, by error of estimates or otherwise, shall be less than the
cost, then additional bonds may in like manner be issued to provide the amount
of the deficit. Unless otherwise provided in the resolution authorizing the
issuance of the bonds or in the trust agreement securing the bonds, the
additional bonds shall be deemed to be of the same issue and shall be entitled
to payment from the same fund without preference or priority of the bonds first
issued.
(j) If the proceeds of the
bonds of any issue exceed the cost of the parkway project or parkway projects
for which the bonds were issued, then the surplus shall be deposited to the
credit of the sinking fund for the bonds.
(k) Prior to the
preparation of definitive bonds, the Parkways Authority may, under like
restrictions, issue interim receipts or temporary bonds, with or without
coupons, exchangeable for definitive bonds when the bonds have been executed
and are available for delivery. The Parkways Authority may also provide for the
replacement of any bonds that become mutilated or are destroyed or lost.
(l) 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: Provided, That the Parkways Authority
shall comply with the provisions of section twenty-eight, article one, chapter
five of this code.
§17-16A-18. Transfer of powers, duties, functions,
assets, liabilities of parkways authority to the Division of Highways;
cessation of tolls.
(a) Except as provided herein
in this section, when all bonds issued under the provisions of
this article in connection with any parkway project or projects and the
interest thereon shall on those bonds secured by West Virginia
Turnpike toll revenues have been paid or a sufficient amount for the
payment of all such those bonds and the interest thereon on
them to the their maturity thereof shall have has
been set aside in trust for the benefit of the bondholders, such project or
projects, if then in good condition and repair to the satisfaction of the
Commissioner of the state Division of Highways, shall be transferred to the
state Division of Highways and shall thereafter be maintained by the
state Division of Highways free of tolls in accordance with this
section.
(b) On or before June
30, 2019, the Parkways Authority shall bring the West Virginia Turnpike into
compliance with all quality standards promulgated by the Division of Highways
for interstate highways in this state. The Division of Highways shall conduct
an initial assessment to determine compliance and identify any discrepancies
that need to be corrected not later than January 1, 2018, and shall thereafter
monitor all action to meet compliance requirements periodically to ensure that
deficiencies are being corrected in order for the turnpike to be in compliance
by June 30, 2019. Upon identification of
any deficiencies, the parkways authority shall make all reasonable efforts to
correct the deficiencies on or before November 1, 2018. The Division of
Highways shall thereafter conduct a follow-up assessment to determine whether
or not the West Virginia Turnpike substantially complies with the quality
standards. The Commissioner of the Division
of Highways shall submit a report of its findings and recommendations from the
assessments to the Joint Committee on Government and Finance and the Governor
on or before January 1, 2019. If the report finds that there is substantial
compliance with the quality standards, the Division of Highways shall certify
the findings of the same to the Joint Committee on Government and Finance and
to the Governor on or before January 15, 2019.
If the report finds that there is not substantial compliance with the quality
standards, the report shall identify all deficiencies that are preventing
substantial compliance as material deficiencies and make a further finding on
possible remedial action that can be taken to correct each of the material
deficiencies together with: (1) An estimate of the time period and estimated
date of when each of the material deficiencies can be corrected; and (2)
whether or not there are adequate funds from all funding sources available,
including the State Road Fund, to correct the material deficiencies on or
before June 30, 2020. If the division further finds that there are adequate
funds from all funding sources available to correct all material deficiencies
by June 30, 2020, then the Division of Highways shall certify these findings to
the Joint Committee on Government and Finance and that the West Virginia
Turnpike can substantially comply with the quality standards promulgated by the
Division of Highways by June 30, 2020.
(c) On or before June
30, 2019, all bonded indebtedness of the Parkways Authority secured by West
Virginia Turnpike toll revenues shall be paid and satisfied.
(d) Upon the full
satisfaction of the bonded indebtedness of the Parkways Authority secured by
West Virginia Turnpike toll revenues and upon certification pursuant to
subsection (b) of this section that the
West Virginia Turnpike either: (1) Is in substantial compliance with; or (2) by
June 30, 2020 can be in substantial compliance with the quality standards
promulgated by the Division of Highways, the Governor shall issue a
proclamation finding that the bond debt of the authority is fully satisfied and
that the West Virginia Turnpike in substantial compliance with the quality
standards promulgated by the Division of Highways for interstate highways in
this state and directing the immediate conveyance of the West Virginia Turnpike
to the Division of Highways. The conveyance shall be made immediately upon the
issuance of the proclamation and shall include, but not be limited to, the West
Virginia Turnpike, buildings and land dedicated exclusively to its maintenance,
current and future use, travel plaza buildings, roads and parking facilities,
leasehold properties, all maintenance material and equipment assets
specifically dedicated to its maintenance, and all records, maps, charts,
schedules and plans relating to the West Virginia Turnpike.
(e) Upon the issuance of
the proclamation and the completion of the conveyance provided in subsection
(d) of this section:
(1) All obligations,
indebtedness and other liabilities pertaining exclusively to the West Virginia
Turnpike and other assets expressly described under subsection (d) of this
section, as of the date of the proclamation, are hereby assumed by and
transferred to the Division of Highways.
(2) The Parkways Authority
shall liquidate all publicly traded securities in its holdings and convey all
of its monetary assets and accounts to the Division of Highways to be deposited
in the "Turnpike Transition Fund", created in subsection (g) of this
section.
(3) All the Parkways
Authority employees dedicated to highway maintenance and upkeep shall be
transferred to employment by the West Virginia Division of Highways.
(4) All employees of the Parkways Authority
dedicated to toll collection and toll collection operations shall remain
employees of the Parkways Authority until the cessation of tolling.
(5) Those full-time,
permanent employees of the Parkways Authority that may be laid off by the
Parkways Authority or the Division of Highways as of the date of cessation of tolling
as provided in this section may apply for other positions filled under the
classified service system, and shall be given five preference points in
addition to the regular numerical score received on examination, having
qualified for appointment by making a minimum passing grade. The Division of
Personnel shall notify those full-time, permanent Parkways Authority employees
who have been laid off at the date tolling ceases who have applied for
examination for the classified service system of job postings for one year
after their application has been scored. Notwithstanding any provision of this
code to the contrary, the Parkways Authority shall, to the greatest extent
practical, fill vacant toll collection and toll collection operations positions
with temporary employees until the cessation of tolling on the West Virginia
Turnpike.
(b)(f) No
later than February 1, 1990 On July 1, 2020 the Parkways Authority
shall cease and discontinue all toll collection and the Division of
Highways shall remove and not relocate all toll collection facilities on
the West Virginia Turnpike as the same existed on June 1, 1989, except for
the three main toll barriers and collection facilities and, provided solely
that the provisions of section eighteen-a are complied with, including
the toll collection facilities at the intersection of U.S. Route 19 (Corridor
"L") and said the turnpike: Provided,
That the bonds secured by West Virginia Turnpike toll revenues have been paid
as scheduled.
(g) (1) There is hereby
established a special fund in the State Treasury known as the "Turnpike
Transition Fund." The fund shall be
administered by the Commissioner of the Division of Highways and shall consist
of monetary assets of the Parkways Authority to be received pursuant to
subdivision (2), subsection (e) of this section. The Parkways Authority shall also deposit all
toll revenue received for the West Virginia Turnpike from the date of
satisfaction of all bonded indebtedness until the date that tolling
ceases. The fund also consists of any
other funds appropriated by the Legislature to assist in the transfer of
assets, powers and duties of the Parkways Authority pursuant to this section to
the Division of Highways and the State Road Fund, and the interest or other earnings
on the moneys in the fund.
(2) The Commissioner of
the Division of Highways shall administer the fund to:
(A) Provide for the
costs of all West Virginia Turnpike operations and maintenance within the
Division of Highways;
(B) Pay either directly or to the parkways
authority all costs and expenses necessary for toll collection and toll
collections operations until June 30, 2020, and all administrative expenses
necessarily incurred by the parkways authority incidental thereto, removal of
the toll collection facilities and any other expenses necessarily incurred by
the parkways authority or the Division of Highways related or incidental to the
transfer of all of the assets and liabilities of the parkways authority to the
Division of Highways; and
(C) Pay directly or
reimburse the West Virginia State Police for the costs of police services
performed by members of the State Police assigned to the highway now known as
the West Virginia Turnpike, including salaries and all other expenses incurred
to provide the police services by its members so assigned, not to exceed $2
million per fiscal year, from the time the bonded indebtedness is paid in full
until its transfer to the Division of Highways, and thereafter until January
1,2035, pursuant to section twelve, article two, chapter fifteen of this
code.
(3) Balances in the fund
at the end of any fiscal year shall not expire, but shall be expended for those
purposes set forth in this subsection in ensuing fiscal years pursuant to
appropriation by the Legislature. Upon
the depletion of funds in the account, the subject roadways shall be supported
by the State Road Fund and any other funds available to the Division of
Highways.
(h) All obligations and
responsibilities of the Parkways Authority for any part or portion of the West
Virginia Turnpike shall cease on June 30, 2020. On or before June 30, 2020, all
property remaining in the possession of the Parkways Authority shall be
transferred to the Division of Highways.
(i) The Commissioner of
the Division of Highways and the Director of the Division of Personnel shall
jointly propose rules for legislative approval pursuant to article three,
chapter twenty-nine-a of this code as may be necessary to provide for the
evaluation, transition, termination, and reemployment of Authority and Division
of Highways employees during the transition and to otherwise carry out the
purposes of this article as they relate to personnel matters.
(j) The Commissioner of
the Division of Highways shall propose rules for legislative approval pursuant
to article three, chapter twenty-nine-a of this code as may be necessary to
carry out the purposes of this article as they relate to all matters not
concerning personnel.
NOTE: The purpose of this bill is
to provide for the transfer of ownership, operation and maintenance of certain
assets of the West Virginia parkways authority, including the road now known as
the West Virginia Turnpike to the Division of Highways. The bill also provides
for the termination of the Parkways Authority after transfer of all of its
assets to the Division of Highways on June 30, 2020.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.