reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2B. Toll Road Study Commission › §17-2B-4. Powers and Duties of the Commission

The commission shall have the following powers, duties and responsibilities:
(a) To conduct a thorough and comprehensive study into the various ways and means of financing the construction and maintenance of a modern and efficient system of roads and highways which would be in addition to or in augmentation of or in conjunction with already existing roads and highways, with particular, but not exclusive, emphasis upon the feasibility, desirability and prudence of utilizing the imposition of tolls upon the users of such roads and highways, either alone or together with other means and methods of financing the construction and maintenance of the same;
(b) Special attention shall be given to planning, financing and construction of a modern highway connecting the Appalachian Corridor "G" highway at Chapmanville with Interstate Highway 64 at Huntington; and the planning, financing, and construction of Appalachian Corridor "H";
(c) To file an interim report as to its progress and tentative conclusions with the Governor, the President of the Senate and the Speaker of the House of Delegates not later than the second Wednesday in January, in the year 1986;
(d) To file its final report with respect to its findings and conclusions, together with any legislation it deems appropriate to recommend and as it deems necessary to carry its findings and conclusions into effect with the Governor, the President of the Senate and the Speaker of the House of Delegates not later than the second Wednesday in January in the year 1988;
(e) To employ such legal, technical, investigative, clerical, stenographic, advisory and other personnel as it deems necessary and needful and to fix the reasonable compensation of such persons as may be so employed;
(f) To request such information and data from any state officer or agency or from any political subdivision of the state as the commission may deem necessary to assist it in the performance of its duties and it shall be the duty of all such officers and agencies to cooperate with and assist the commission in and about the completion of its studies and deliberations;
(g) To confer with representative citizens and groups of the private, business and industrial sectors with respect to all matters deemed relevant to the study program of the commission; and
(h) To perform every other act necessary or desirable to carry out any of the other powers, duties or responsibilities enumerated in this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2B. Toll Road Study Commission › §17-2B-5. Meetings of the Commission; Quorum

The commission shall meet at such times and places as its chairman shall deem to be proper and expedient. Such meetings shall be coordinated with and be in conjunction with the monthly meeting of the Joint Committee on Government and Finance insofar as the same may be practicable. Nothing herein shall preclude the commission from meeting with such frequency or at such times and places as it may determine. The presence of no less than six members of the commission shall constitute a quorum for the conducting of any business by the commission.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2C. Orphan Road and Bridge Acquisition Program › §17-2C-1. Establishment of an Orphan Road and Bridge Acquisition and Maintenance Program in All Counties; Criteria for Designation as an Orphan Road or Bridge

Authority is hereby granted to the West Virginia Division of Highways to establish a program to acquire and maintain roads and bridges which meet the following three criteria: (1) Are in existence as of January 1, 1998; (2) are roads or bridges which the public has a right to use; and (3) are roads or bridges not maintained by any governmental agency. These roads and bridges are herein designated as orphan roads and bridges.
The Legislature hereby finds and declares it to be important for the economic and social development of the state that a program for the identification, acquisition and maintenance of orphan roads and bridges be undertaken by the state. In particular, the Legislature finds and declares that basic maintenance should be performed on orphan roads and bridges to promote the well-being of the public.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2C. Orphan Road and Bridge Acquisition Program › §17-2C-2. Development of Program; Acquisition of Rights-of-Way

The West Virginia Division of Highways shall develop an orphan roads and bridges identification, acquisition and maintenance program which shall include all counties. At the discretion of the commissioner of the Division of Highways, existing and temporary employees of the division shall be assigned to locate and designate each orphan road and bridge in each county. These employees shall give to the commissioner of highways, in a form proscribed by him or her, a detailed report on acquisition, status of rights-of-way, and needed maintenance for orphan roads and bridges in each county or highway district. Specific contents of each report shall be designated by the commissioner.
In order for a road or bridge to qualify for inclusion into the state system, all necessary rights-of-way shall be either dedicated or donated to the Division of Highways.
In the event that all property owners do not agree to dedicate or donate the necessary rights-of-way, then any individual, group, business or governmental entity can donate to the state road fund a sum sufficient to cover the expense of acquiring the right-of-way that has not been dedicated or donated. The commissioner may also use any moneys donated to the state road fund specifically for the purposes of acquiring a right-of-way which has not been dedicated or donated.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2C. Orphan Road and Bridge Acquisition Program › §17-2C-3. Duties of Commissioner With Respect to Orphan Roads and Bridges; Criteria for Inclusion

After reviewing the reports made to section two of this article, the commissioner will determine whether a specific road or bridge should be added to the state maintenance system. The commissioner shall consider the following criteria in reaching his or her determination: (1) The availability of resources for maintaining the road or bridge; (2) the number of persons served by the road or bridge; (3) the current and anticipated use of the road or bridge; (4) the condition of the road or bridge; (5) the availability and suitability of alternate routes; (6) the suitability for maintenance equipment to access and maintain the road or bridge; (7) the existing design and layout of the road or bridge; and (8) the number of roads and bridges accepted into the maintenance system.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2C. Orphan Road and Bridge Acquisition Program › §17-2C-4. Workforce of Welfare Recipients and Citizens' Conservation Corps Participants; Division of Highways Required to Furnish Maintenance Materials

The West Virginia Department of Health and Human Resources shall make available to the division of highways a list of able-bodied welfare recipients who have given permission for their names to be listed as recipients available for work with the Division of Highways, and who are available and able to work a minimum of twenty hours a week at a manual labor job maintaining orphan roads and bridges under the supervision of the district or county highway offices. The commissioner of the Division of Highways may, by contract, employ persons participating in the citizens' conservation corps to maintain orphan roads and bridges. The employment of welfare recipients or workers provided through the citizens' conservation corps to maintain orphan roads and bridges may not be used to displace any Division of Highways employee in the classified civil service, or to reduce classified civil service positions within the division.
The Division of Highways is required to furnish trucks or other proper motor vehicles and gravel or other required materials to be used by the workforce created by this section in the maintenance of the orphan roads and bridges in each district and county.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2C. Orphan Road and Bridge Acquisition Program › §17-2C-6. Termination of Orphan Roads and Bridges Program; Report to the Legislature

The orphan roads and bridges acquisition and maintenance program established pursuant to this article will terminate on December 31, 2001.
On or before January 30, 1999, and annually thereafter, the commissioner of the Division of Highways shall submit a report to the Legislature which recounts the activities of the program and the roads and bridges which have been accepted into the state maintenance system. The report shall include a breakdown by county of those roads and bridges being maintained, the estimated costs associated with maintenance and any other information the commissioner deems necessary. Before January 30, 2002, the commissioner shall also submit proposed legislation formulating a policy for the designation and acceptance into the state system of orphan roads and bridges in the future.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2D. Highway Design-Build Pilot Program › §17-2D-3. Invitation for Bids

(a) The division shall prepare an invitation for bids for prequalified design-builders, which must provide at a minimum:
(1) The procedures to be followed for submitting bids and the procedures for making awards;
(2) The proposed general terms and conditions for the design-build contract;
(3) The description of the drawings, specifications or other information to be submitted with the bid, with guidance as to the form and level of completeness of the drawings, specifications or submittals that will be acceptable;
(4) A proposed time schedule commencement and completion of the design-build contract;
(5) Budget limits for the design-build contract, if any;
(6) Requirements or restrictions for the subletting of specific portions of the design-build contract, if any; and
(7) Requirements for performance bonds, payment bonds, insurance, professional liability insurance and workers' compensation coverage.
(b) The division shall make available to the qualified design-builders, a list of prequalified consultants, approved subcontractors, suppliers and sureties, as applicable, additional information including, but not limited to, surveys, soils reports, drawings or information regarding existing structures, environmental studies, photographs or references to public records, or other pertinent information.
(c) The division shall set forth its needs with sufficient clarity to assure that there is a comprehensive understanding of the project's scope and requirement.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2D. Highway Design-Build Pilot Program › §17-2D-4. Acceptance of Design-Build Bid

(a) The design-builder shall submit the bid to the division as required in the invitation for bids.
(b) The design-builder shall furnish a bid bond not to exceed five percent of the maximum cost of the design-build contract.
(c) The selection committee may choose to reject all bids. If the selection committee chooses to accept a bid, the committee shall award the project to the qualified design-builder based on low bid or a value-based selection process combining technical qualifications and competitive bidding elements. The selection committee shall ascertain that the submissions comply with the requirements of this article and the policies and procedures of the commissioner.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2D. Highway Design-Build Pilot Program › §17-2D-5. Report to the Legislature

On or before January 15, 2014, and annually thereafter, the commissioner shall prepare and submit to the Joint Committee on Government and Finance a written report evaluating the experience of the Division of Highways with each project completed during the prior calendar year, including whether the division realized any cost or time savings, the number and cost of change orders, the quality of work performed, the number of bids received and other issues the commissioner considers appropriate: Provided, That the report submitted on or before January 15, 2014, shall contain such information as to all design-build projects that have been completed under the program prior to 2014.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2E. Dig Once Policy › §17-2E-1. Legislative Findings

(a) The Legislature finds that it is in the public interest to accommodate telecommunications facilities on Division of Highways right-of-way when the use of the right-of-way does not adversely affect the safety of the traveling public or impair the highway or its aesthetic quality or conflict with any federal, state, or local laws, rules, regulations, or policies.
(b) The Legislature further finds that a broadband connection is an essential part of developing the state and local economies, enhancing the transportation system and creating a safer and more secure environment for our citizens.
(c) The Legislature further finds that expanding telecommunication facilities will allow the state to participate in the E-Rate Program of funding for digital education in America to provide reliable services opportunities for education and training.
(d) The Legislature further finds that fast, reliable broadband connections enhance telemedical opportunities for our rural doctors and hospitals, linking them to our major medical centers. Thereby overcoming distance barriers, and improving access to medical services that often are not consistently available in rural communities.
(e) The Legislature further finds that instituting a dig once policy encourages telecommunications carriers to coordinate installation of broadband conduit to minimize costs to the carriers and minimize disruption and inconvenience to the traveling public.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2E. Dig Once Policy › §17-2E-2. Definitions

In this article, unless the context otherwise requires:
(1) "Broadband conduit" or "conduit" means a conduit, innerduct, or microduct for fiber optic cables that support facilities for broadband service.
(2) "Broadband service" has the same meaning as defined in §31G-1-2 of this code.
(3) "Council" means the Broadband Enhancement Council.
(4) "Direct bury" means the burying of telecommunications wire or cable directly into the ground by means of plowing or direct insertion without the opening of a trench and without the installation of conduit or innerduct.
(5) "Division" means the Division of Highways.
(6) "Longitudinal access" means access to or the use of any part of a right-of-way that extends generally parallel to the traveled right-of-way.
(7) "Permit" means an encroachment permit issued by the commissioner of the division under the authority of this code, and pursuant to the Accommodation of Utilities on Highway Right-of-Way and Adjustment and Relocation of Utility Facilities on Highway Projects Policy, or equivalent policy, as may be currently enforced by the division, that specifies the requirements and conditions for performing work in a right-of-way and where such work involves the creation or opening of a trench for the installation of telecommunications facilities in a right-of-way.
(8) "Right-of-way" means land, property, or any interest therein acquired or controlled by the division for transportation facilities or other transportation purposes or specifically acquired for utility accommodation.
(9) "Telecommunications carrier" means a telecommunications carrier:
(A) As determined by the Public Service Commission of West Virginia; or
(B) That meets the definition of telecommunications carrier with respect to the Federal Communications Commission, as contained in 47 U.S.C. §153.
(10) "Telecommunications facility" means any cable, line, fiber, wire, conduit, innerduct, access manhole, handhole, tower, hut, pedestal, pole, box, transmitting equipment, receiving equipment, power equipment, or other equipment, system, or device that is used to transmit, receive, produce or distribute a signal for telecommunications purposes via wireline, electronic, or optical means.
(11) "Utility" has the meaning ascribed to it in §17-2A-17a of this code.
(12) "Wireless access" means access to, and use of, a right-of-way for the purpose of constructing, installing, maintaining, using, or operating telecommunications facilities for wireless telecommunications.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2E. Dig Once Policy › §17-2E-4. Highway Safety

(a) The Division of Highways, in its sole discretion, may deny any longitudinal access or wireless access if such access would compromise the safe, efficient, and convenient use of any road, route, highway, or interstate in this state for the traveling public.
(b) Any longitudinal access or wireless access to a right-of-way granted by the Division of Highways pursuant to this article does not abrogate, limit, supersede, or otherwise affect access granted or authorized pursuant to the Division’s rules, policies, and guidelines related to accommodation of utilities on highways’ rights-of-way and adjustment and relocation of utility facilities on highway projects.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2E. Dig Once Policy › §17-2E-7. Use of Telecommunications Facilities Owned or Controlled by Division of Highways

The division may enter into an agreement and issue a permit consistent with the requirements of 17-2E-3 of this code to allow any carrier to use excess telecommunications facilities owned or controlled by the division:
Provided
, That this section shall be subject to the provisions of the Vertical Real Estate Management and Availability Act, as provided for in 31G-5-1
et seq
. of this code, and no excess telecommunications facilities owned or controlled by the division subject to 31G-5-1
et seq
. of this code shall be governed by the provisions of this section.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2E. Dig Once Policy › §17-2E-10. Taskforce on Infrastructure Deployment Clearinghouse; Reporting; Sunset Date

(a) There is hereby created a taskforce under the leadership of the Commissioner of the Division of Highways, or his or her designee, for the purpose of studying best practices for the creation of a clearinghouse with information on public rights-of-way, including environmental and historic preservation content, that may reduce regulatory hurdles, lower costs, and increase the speed of infrastructure deployment. The purpose of the clearinghouse is to provide information relevant to infrastructure deployment, such as identifying public rights-of-way that may be readily accessed. For purposes of this section, "infrastructure deployment" means the deployment of underground infrastructure in public rights-of-way in West Virginia.
(b) The taskforce shall consist of the following:
(1) The Commissioner of the Division of Highways, or his or her designee;
(2) The Director of the Division of Environmental Protection, or his or her designee;
(3) The director of the historic preservation section of the Department of Arts, Culture, and History, or his or her designee;
(4) Any designee as may be selected by Miss Utility of West Virginia; and
(5) Any designees as may be selected by the Legislative Oversight Commission on Department of Transportation Accountability.
(c) The infrastructure deployment clearinghouse taskforce shall examine and report on the following:
(1) Regulatory hurdles affecting infrastructure deployment;
(2) The availability of information that may reduce regulatory hurdles;
(3) Information available, including environmental factors, historically-significant sites, and previously-disturbed ground as relevant to infrastructure deployment;
(4) Recommendations on ways to create a clearinghouse that contains information relevant to reduce regulatory hurdles, lower costs, and accelerate infrastructure deployment;
(5) Recommendations on restrictions that may be needed concerning access to clearinghouse information; and
(6) Other information and recommendations the taskforce deems important to create the clearinghouse and improve infrastructure deployment.
(d) The taskforce shall report and make recommendations to the Legislative Oversight Commission on Department of Transportation Accountability, including:
(1) Status updates upon request; and
(2) Written recommendations, including any proposed legislation, by December 31, 2023.
(e) The provisions of this section sunset and cease to have effect after March 31, 2024.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-1a. Annual Audit to Be Made of Receipts and Expenditures of State Road Commission

The Legislature acting through the Joint Committee on Government and Finance shall cause an annual audit to be made by a resident independent certified public accountant of all books, accounts and records relating to all receipts and expenditures of the state road commission which are not audited by the United States bureau of public roads or the United States general accounting office. The state road commissioner shall make available to such independent Auditor or Auditors performing such audit all of the commission's books, accounts and records pertaining to all funds received and expended. The Auditor or Auditors performing such audit shall make available annually the audit report with copies thereof to the members of the Legislature, the Governor, the state road commissioner, the Secretary of State, the State Treasurer, the Attorney General and the State Auditor; and the audit report shall be available to the public in the office of the Secretary of State.
The Legislature acting through the Joint Committee on Government and Finance shall obtain the services of a resident independent certified public accountant for this purpose, the cost of which shall be payable out of funds appropriated by the Legislature. Any audits of the funds which have been made by any official auditing agency of the United States government shall be accepted and its work not duplicated.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-3. Report on and Disposition of Moneys Collected by Commission

The commission shall make a full and detailed semimonthly report in duplicate, on the first and third Tuesdays of each month, to the treasurer and to the Auditor of the state, of all moneys collected by it from licenses or other fees, and all moneys and funds coming into its hands from any source whatsoever, except funds advanced to the commission pursuant to section five of this article, and shall at the same time pay to the treasurer all moneys so collected by it. The moneys so paid by the commission shall be deposited by the State Treasurer to the credit of the state road fund: Provided, That the commission may pay to the treasurer at any time such funds as may have been received by it, and the treasurer shall deliver to the commission a receipt therefor, and the commission shall be duly credited for such payments in its semimonthly reports.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-4. Disbursements From Road Fund

The commissioner shall certify monthly to the State Auditor the amount due to each member of the commission, himself and each employee of the commission for services rendered as such members, commissioner and employees and the Auditor shall issue his warrant therefor on the State Treasurer, payable out of the state road fund appropriated for such purpose.
Any claim of a contractor or others, not otherwise provided for, for labor done or for materials, services or supplies furnished to the state road commission, pursuant to the provisions of any article to this chapter, shall be audited by the commissioner, and, if found correct, the commissioner shall issue the commission's requisition upon the Auditor of the state therefor, showing the nature of such claim and whether it is for labor done or materials, services or supplies furnished for construction of state roads, or for other purposes, and the Auditor shall issue his warrant upon the State Treasurer therefor, and the treasurer shall pay the same to the person, firm or corporation entitled thereto, out of the funds in the treasury provided for that purpose.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-4a. Advancement of Compensation for Property Immediately Needed

When the state road commissioner has commenced an action for condemnation of any real or personal property, or estate, right, or interest therein, and immediate entry upon, possession of, appropriation or use thereof, is deemed necessary by the commissioner, he may certify to the State Auditor such facts, and issue the commission's requisition upon the Auditor for advancement of the sum the commissioner estimates to be the fair value of the property, or estate, right, or interest therein, sought to be condemned, and the damages, if any, to the residue beyond the benefits, if any, to such residue, by reason of the taking. Upon receipt of such certificate and requisition, the Auditor shall issue his warrant upon the State Treasurer in favor of the clerk of the court wherein the action was commenced, for the sum requisitioned by the commission, to the use of the defendants in that action, and the treasurer shall pay the same to the clerk of that court out of the funds in the treasury provided for this purpose.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-5. Emergency Fund

To provide a fund for the purpose of making prompt payments, refunds on license fees, and to secure cash discounts wherever possible, the state road commission may, from time to time, issue its requisition upon the State Auditor for such sum as it deems necessary to pay such claims, and the said Auditor shall issue his warrant upon the State Treasurer for such amount, subject to the limitation imposed by this section, and the treasurer shall pay the same to the said commission out of the road fund or funds provided for that purpose. The commission shall immediately deposit such funds to its credit in some bank, or banks, designated pursuant to article one, chapter twelve of this code, as a state depository or depositories. Such requisition upon the Auditor shall be accompanied with a statement duly verified by a member of the commission, showing the amount of money in the hands of the commission to the credit of the fund at the time the requisition is presented to the Auditor. The amount of such funds in the hands of the commission shall not exceed at any one time the sum of $5,000. When the commission makes such requisition it shall at the same time file with the State Auditor an itemized statement, showing what items and amounts have been paid by it out of such fund and for what purpose, and such statement shall be accompanied with a voucher for each item, duly signed by the party receiving payment, and showing the purpose for which made. The amounts so reported as paid by the commission, under its direction or authority, out of such fund, if found to be correct, shall be reported by the Auditor to the treasurer and credited by him to the commission on account of the advances made to it pursuant to this section.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-6. Apportionment of State Road Fund for Construction and Reconstruction Purposes; Reserve Fund; Budget Request; Appropriation of Funds

On or before January 1, of each year the state road commissioner shall ascertain and determine the total amount of available funds for expenditure in the whole state for the construction and reconstruction of state roads for the succeeding fiscal year, and shall also submit such determination of available funds together with the proposed expenditure thereof as a part of his budget request for such succeeding fiscal year. Of the amount so ascertained the commissioner may set aside as a "reserve fund" not to exceed twenty percent thereof, to be used and expended by him in his discretion in making desirable connections or economizing in construction.
All moneys received from the federal government for road construction shall be expended as provided, or as may hereafter be provided by act of Congress.
If at the end of any annual period, any money in the reserve fund remains unexpended or unappropriated, it shall be placed in the General Fund for reserve and distribution during the next annual period.
The remaining eighty percent, or, if such reserve fund is not set aside, then all the funds shall be appropriated in the following order and preference:
(1) For the construction, reconstruction, and maintenance of expressway and trunkline roads, and to comply with the requirements for the receipt of aid from the federal government;
(2) For the maintenance of all feeder and state local service roads, as provided in section six-a of this article;
(3) For the construction and reconstruction of feeder and state local service roads as prescribed in section six-a of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-6a. Allotment of Funds for Feeder and State Local Service Roads

On or before January 1, of each year the state road commissioner shall ascertain and determine the total amount of available funds for expenditure in the whole state for the construction, reconstruction and maintenance of feeder and state local service roads during such annual period. Of the amount so ascertained the commissioner may set aside as a reserve fund not to exceed twenty percent thereof, to be used and expended by him in his discretion in such manner as will best serve the interests of the state and the convenience of its inhabitants.
The remaining eighty percent, or, if such reserve fund is not set aside, then all the funds shall be appropriated in the following order and preference:
(1) Maintenance funds. -- To be allocated to the various counties on the basis of the mileage of various types or road surfaces:
(a) Paved surfaces of all types, such as, brick, cement, concrete, bituminous, etc.
(b) Traffic-bound surfaces, such as, slag, crushed stone, gravel, chert, red dog, shale, etc.
(c) Unimproved earth roads; by applying certain weights or percentages, based on past experience, to the various types of road surfaces.
(2) Construction and reconstruction. -- To be allocated to the various counties on the basis of the ratio of the unimproved mileage of feeder and state local service roads in the county to the total unimproved mileage of feeder and state local service roads in the state.
For the purposes of this section, the words "unimproved mileage" are defined and shall be construed to mean roads which are not passable for all-weather travel by motor vehicle.
All moneys received from the federal government for road construction or reconstruction shall be expended as provided, or as may hereafter be provided by act of Congress.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-6b. Matching Funds With Counties for the Construction, Reconstruction, Repair and Maintenance of Feeder and State Local Service Roads

When the state road commissioner determines that there are funds available for the purpose of participating, on a matching fund basis, with the county court of one or more counties for the construction, reconstruction, repair and maintenance of any feeder and state local service roads within said county or counties, he shall in his discretion determine the amount the county court must deposit or place in escrow for matching purposes before the state road commissioner will commit any funds to a proposed project.
Nothing in this section shall be construed to alter or change in any way the allotment of funds for feeder and state local service roads as provided by section six-a of this article: Provided, however, That the feeder and state local service road fund of the county or counties participating under this section shall be charged with the amount advanced by the state road commissioner.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-7. Assent to Federal Aid

The Legislature of the State of West Virginia hereby renews its assent to the provisions of the act of Congress approved July eleventh, nineteen hundred and sixteen, entitled "An act to provide that the United States shall aid the states in the construction of rural post roads and for other purposes." The state road commission is hereby authorized to enter into contracts and agreements with the United States government relating to the survey, construction and maintenance of roads under the provisions of said act of Congress, to submit such scheme or program of construction and maintenance as may be required by the secretary of agriculture, or other authorized representative of the federal government, and to do all other things necessary to carry out the cooperation contemplated and provided for by said act. For the construction and maintenance of rural post roads, the good faith of the state is hereby pledged to the government of the United States to make available funds sufficient at least to equal the sums apportioned to this state by the United States government during the period for which federal funds are appropriated by section three of said act, and to maintain the roads constructed with the aid of funds so appropriated, and to make adequate provision for carrying out such maintenance.
The state of West Virginia hereby further assents to any similar provision or provisions that may be made by any subsequent act of Congress making appropriation for the survey, construction and maintenance of rural post roads.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-8. Issuance of Duplicate Road Bond When Registered Original Is Lost or Destroyed

Upon the filing with the State Treasurer of proof, which in his judgment and discretion is full and satisfactory, of the loss or destruction of any registered West Virginia state road bond issued by virtue of the laws of this state, and a corporate surety bond in an amount equal to the face value of the lost bond, conditioned to indemnify the State of West Virginia and all persons against any loss in consequence of the issuance of a duplicate bond, the treasurer and Auditor of the state shall be authorized to issue and deliver to the last registered holder of any such lost or destroyed bond, a duplicate thereof.
Each duplicate bond issued under the provisions of this section shall correspond with the original as to date, maturity, form and execution, except it may be given a number different from the original. It shall have printed or engraved on the face thereof the word "duplicate," and on its back a certificate executed by the treasurer in the following form: "The within duplicate bond is executed and issued under and by virtue of an act of the West Virginia Legislature passed on February 19, 1929, in lieu of road bond number ..... in the amount of $......., dated ........., 19 ..... , and maturing ........, 19 ......."
Any duplicate bond issued hereunder shall be taken and treated in all respects as the original, and the original shall be deemed cancelled.
The finder of any lost bond for which a duplicate has been issued shall forthwith transmit the same to the treasurer, who shall cancel it. Any person who shall retain possession of any such bond with knowledge that a duplicate has been issued therefor, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding $1,000 or confined in jail not exceeding one year.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-9. Signs Along Interstate Highways

The state road commissioner shall agree in behalf of this state to permit the erection of signs within the rights-of-way of the interstate highway system, as authorized by subsection (f) of section 131, Title 23, United States code, to the full extent authorized or agreed to by the secretary of transportation.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3. State Road Fund › §17-3-10. Special Fund

There is hereby created a special fund, to the credit of which shall be paid all federal funds allocated and distributed to the State of West Virginia in implementation of the provisions of Title 23, United States Code, Section 135, relating to a traffic operations program to increase capacity and safety, to be administered by the state road commissioner in the carrying out of that program. There shall also be paid to the credit of this special fund funds received from municipalities, which funds represent the municipalities' share of the cost of participating in the traffic operations program.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3A. Industrial Access Road Fund › §17-3A-1. Industrial Access Road Fund Created; Construction Guarantees by Municipalities and Counties

(a) Any other provision of this code notwithstanding, there is hereby continued in the State Treasury the Industrial Access Road Fund, referred to in this article as "the fund". There shall be deposited into the fund three fourths of one percent of all state tax collections which are otherwise specifically dedicated by the provisions of this code to the State Road Fund or the percentage of those tax collections that will produce $3 million for each fiscal year. At the end of each fiscal year, all unobligated moneys in the fund revert to the State Road Fund.
(b) The moneys in the fund shall be expended by the Division of Highways for constructing and maintaining industrial access roads within counties and municipalities to industrial sites on which manufacturing, distribution, processing or other economic development activities, including publicly owned airports, are already constructed or are under firm contract to be constructed. In the event there is no industrial site already constructed or for which the construction is under firm contract, a county or municipality may guarantee to the Division of Highways an acceptable surety or a device in an amount equal to the estimated cost of the access road or that portion provided by the Division of Highways, that an industrial site will be constructed and if no industrial site acceptable to the Division of Highways is constructed within the time limits of the surety or device, the surety or device shall be forfeited.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3A. Industrial Access Road Fund › §17-3A-2. Division of Highways to Determine Construction of Industrial Access Roads

In determining whether or not to construct or improve any industrial access road and in determining the nature of the road to be constructed, the Division of Highways shall base its decision on the costs of the industrial access road in relation to the volume and nature of the traffic to be generated as a result of developing the industrial site within the total industrial area. In making a decision on any industrial site, the total volume of traffic to be generated shall be considered in regard to the overall cost of the project. The Division of Highways shall consult and work in cooperation with the West Virginia Development Office in determining the use of industrial access road funds.
Prior to a formal request for the use of moneys from the fund to provide access to new or expanding industrial sites, the location of the industrial access road shall be submitted for approval of the Division of Highways. The Division of Highways shall consider the cost of the industrial access road as it relates to the project's location and as it relates to the possibility of future extensions of the road to serve other possible industrial sites as well as the future development of the surrounding area.
Prior to the allocation of moneys from the fund for the construction or maintenance of an industrial access road to an industry proposing to locate or expand in a county or municipality, the governing body of the county or municipality shall, by resolution, request moneys from the fund and shall be responsible for the preliminary negotiations with the industries and other interested parties. The Division of Highways shall be available for consultation with the governing bodies of the counties or municipalities and other interested parties and may prepare surveys, plans, engineering studies and cost estimates for the proposed industrial access road.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3A. Industrial Access Road Fund › §17-3A-4. Restrictions on Use of Fund

(a) The fund may not be used for the adjustment of utilities or for the construction of industrial access roads to schools, hospitals, libraries, armories, shopping centers, apartment buildings, government installations or similar facilities, whether public or private. The fund may not be used to construct industrial access roads on private property.
(b) Moneys from the fund may not be expended until the governing body of the county or municipality certifies to the Division of Highways that the industrial site is constructed and operating or is under firm contract to be constructed or operated, or upon the presentation of an acceptable surety or device in an amount equal to the estimated cost of the access road or that portion provided by the Division of Highways in accordance with section one of this article.
(c) Not more than $400,000 of unmatched moneys from the fund may be allocated for use in any one county in any fiscal year. The maximum amount of unmatched moneys which may be allocated from the fund is ten percent of the fair market value of the designated industrial establishment. The amount of unmatched funds allocated may be supplemented with additional matched moneys from the fund, in which case the matched moneys allocated from the fund may not exceed 150,000, to be matched equally from sources other than the fund. The amount of matched moneys which may be allocated from the fund over and above the unmatched funds may not exceed five percent of the fair market value of the designated industrial site.
(d) Funds may only be allocated to those items of construction and engineering which are essential to providing an adequate facility to serve the anticipated traffic. Funds may not be allocated for items such as storm sewers, curbs, gutters and extra pavement width unless necessary to extend or connect an existing access road.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3A. Industrial Access Road Fund › §17-3A-5. Disbursements From Fund

Any claim of a contractor or others, not otherwise provided for, for labor done or for materials, services or supplies furnished to the Division of Highways pursuant to the provisions of this article shall be audited by the commissioner of the Division of Highways. If the commissioner determines that the claim is valid and correct, the commissioner shall issue a requisition of the division upon the State Auditor therefor showing the nature of the claim and specifying whether the claim is for labor done or materials, services or supplies furnished for the construction or maintenance of state roads, or for other purposes, and the Auditor shall issue his or her warrant upon the State Treasurer therefor. The treasurer shall issue the warrant to the person, firm or corporation entitled thereto out of the funds in the treasury provided for that purpose. The cost of acquiring a right-of-way shall be paid out of the fund.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 3A. Industrial Access Road Fund › §17-3A-6. Annual Audit to Be Made of Receipts and Expenditures of Fund

The Legislature, acting through the Joint Committee on Government and Finance, shall cause an annual audit to be made by a resident independent certified public accountant of all books, accounts and records relating to all receipts and expenditures of the fund. The commissioner shall make available to the independent Auditor or Auditors performing the audit all of the division's books, accounts and records pertaining to all moneys received and expended. The Auditor or Auditors performing the audit shall make available annually the audit report with copies thereof to the members of the Legislature, the Governor, the commissioner of the Division of Highways, the Secretary of State, the State Treasurer, the Attorney General and the State Auditor. The audit report shall be available to the public in the office of the Secretary of State.
The Legislature, acting through the Joint Committee on Government and Finance, shall obtain the services of a resident independent certified public accountant for this purpose, the cost of which shall be payable out of funds appropriated by the Legislature. Any audits of the funds which have been made by any official auditing agency of the United States government shall be accepted in lieu of the state audit.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 4. State Road System › §17-4-1. Classification of State Roads; Control Over State Roads; Control by County Courts of Roads, Bridges and Landings; Roads in State Parks, Forests and Public Hunting and Fishing Areas Made Part of State Road System

The state road system shall consist of roads functionally classified into five categories as follows: (1) Expressway; (2) trunkline; (3) feeder; (4) state local service; and (5) park and forest. The authority and control over the state roads shall be vested in the commissioner of highways.
The county courts shall retain the superintendence and administration of roads, bridges and landings that remain under their jurisdiction as provided in section one, article ten of this chapter.
The commissioner of highways shall take control of all existing roads which are publicly owned within the state parks system and in the state forests including public hunting and fishing areas, formerly the responsibility of the director of the department of natural resources, on the effective date of this section and shall assume control of their further construction, reconstruction and maintenance as a part of the state road system. The commissioner is responsible for construction, reconstruction and maintenance as a part of the state road system of any new roads for public usage that may be constructed with the approval of the director of the department of natural resources, in existing state parks, state forests, public hunting and fishing areas or any such roads for public usage which may be established on publicly owned lands in any future state park, state forest, public hunting or fishing areas.
The director of the department of natural resources has the authority and responsibility to do the necessary cutting and planting of vegetation along road rights-of-way in state parks, state forests and public hunting and fishing areas.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 4. State Road System › §17-4-2. Definitions of Roads Comprising State Road System

The following meanings shall be ascribed to roads comprising the state road system:
(a) "Expressway." -- Serves major intrastate and interstate travel, including federal interstate routes.
(b) "Trunkline." -- Serves major city to city travel.
(c) "Feeder." -- Serves community to community travel or collects and feeds traffic to the higher systems or both.
(d) "State local service." -- Localized arterial and spur roads which provide land access and socioeconomic benefits to abutting properties.
(e) "Park and forest." -- Serves travel within state parks, state forests and public hunting and fishing areas.