Bill Text: WV HB3076 | 2021 | Regular Session | Introduced
Bill Title: Eliminating courtesy patrol programs
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2021-03-11 - To House Government Organization [HB3076 Detail]
Download: West_Virginia-2021-HB3076-Introduced.html
WEST virginia Legislature
2021 regular session
Introduced
House Bill 3076
By Delegates Gearheart, Smith, ellington, Longanacre, Riley and Paynter
[Introduced March 11, 2021; Referred to the Committee on Government Organization then Finance]
A BILL to amend and reenact §17-1-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-16A-6a, all relating to eliminating courtesy patrol programs operated by the Division of Highways and the Parkways Authority.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. DEFINITIONS.
§17-1-3. “Road”; “public road”; “highway”.
The words or terms “road”, “public
road” or “highway” shall be deemed to include, but shall are
not be limited to, the right-of-way, roadbed and all necessary culverts,
sluices, drains, ditches, waterways, embankments, slopes, retaining walls,
bridges, tunnels and viaducts necessary for the maintenance of travel, dispatch
of freight and communication between individuals and communities; and such
public road or highway shall be taken to include includes any road
to which the public has access and which it is not denied the right to use, or
any road or way leading from any other public road over the land of another
person, and which shall have has been established pursuant to
law. Any road shall be is conclusively presumed to have been
established when it has been used by the public for a period of ten years or
more, and public moneys or labor have been expended thereon, whether there be
is any record of its conveyance, dedication or appropriation to public
use or not. In the absence of any other mark or record, the center of the
traveled way shall be taken as the center of the road and the right-of-way
shall be designated therefrom an equal distance on each side, but a road may be
constructed on any part of the located right-of-way when it is deemed considered
advisable so to do.
The Legislature notes that there are public highways that run over the surface of this land, over and through the navigable streams, rivers and waterways on this earth and above the surface of this earth in the form of highways in the sky, commonly known as airways. The Legislature finds that each of these types of public highways are essential to the development of this state and that the health and safety of each of the citizens of this state are affected daily by the availability of each of these three types of public highways, and that it is the best interests of the people of this state that each of these be recognized and included within the meaning of public highways. The Legislature further recognizes that airports are an important and integral part of the public highways existing above the surface of this state, and that airports are necessary to access such highways, and therefore airports, including runways, taxiways, parking ramps, access roads and air traffic control facilities located at airports, are hereby declared to be part of the public highway system of this state.
The Legislature finds
that a courtesy patrol program providing assistance to motorists on the state's
highways is one of a most beneficial public safety service to residents of the
state using public highways and serves as a showing of the state's hospitality
and good will to tourists visiting the state. For that reason, on July 1, 2015:
(1) The administration
of the courtesy patrol program shall be transferred to the Division of Highways
and expenditures made by the division to fund the courtesy patrol program
providing assistance to motorists on the state=s highways shall be made pursuant to appropriation of
the Legislature from the State Road Fund or as otherwise provided by law; and
(2) The administration
of the special revenue account in the State Treasury known as the Courtesy
Patrol Fund shall be transferred to the Division of Highways: Provided,
That any balances remaining in the Courtesy Patrol Fund at the end of fiscal
year 2015 shall be transferred and deposited into the Tourism Promotion Fund.
After the June 30, 2015, expenditures from the Courtesy Patrol Fund shall be
used solely to fund the courtesy patrol program providing assistance to
motorists on the state's highways. Amounts collected in the Courtesy Patrol
Fund which are found, from time to time, to exceed funds needed for the
purposes set forth in this subdivision may be transferred to other accounts or
funds and redesignated for other purposes by appropriation of the Legislature.
Moneys paid into the fund may be derived from the following sources:
(A) Any gifts, grants,
bequests, transfers, appropriations or other donations which may be received
from any governmental entity or unit or any person, firm, foundation, corporation
or other private entity;
(B) Any appropriations
by the Legislature which may be made for the purposes of this section; and
(C) All interest or
other return accruing to the fund.
Any moneys remaining in
the fund at the end of a fiscal year shall remain in the fund and be available
for expenditure during the ensuing fiscal year
Upon the effective date of the reenactment of this section in 2021:
(1) The courtesy patrol program is terminated;
(2) The Courtesy Patrol Fund is abolished; and
(3) Any balances remaining in the Courtesy Patrol Fund shall be transferred to the General Revenue Fund for expenditure as provided by the Legislature.
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.
§17-16A-6a. Parkways Authority prohibited from operating courtesy patrol program.
Notwithstanding any provision of this code, the Parkways Authority may not operate a courtesy patrol program providing assistance to motorists on a highway in connection with any of its projects.
NOTE: The purpose of this bill is to eliminate courtesy patrol programs operated by the Division of Highways and the Parkways Authority.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
