Chapter 17, Chapter 17

The State of West Virginia covenants and agrees with the holders of the bonds issued pursuant hereto as follows: (1) That the bonds are a direct and general obligation of the State of West Virginia; (2) that the full faith and credit of the state is pledged to secure the payment …

The Governor shall sell the bonds herein authorized at a time or times as provided by resolutions enacted by the Legislature. The Governor, in his or her discretion, may, by executive message, request that a resolution be proposed for the issuance of bonds pursuant to this articl…

The Governor shall sell the bonds herein authorized at a time or times as provided by a resolution enacted by the Legislature. The Governor, in his or her discretion, may, by executive message, request that a resolution be proposed for the issuance of bonds pursuant to this artic…

No part of the proceeds from the sale of bonds under this article may inure to the benefit of or be distributable to the officers, employees of the state except to pay reasonable compensation for services rendered to the state. Any person violating the provisions of this section …

No part of the proceeds from the sale of bonds under this article may inure to the benefit of or be distributable to the officers or employees of the state except to pay reasonable compensation for services rendered to the state. Any person violating the provisions of this sectio…

All state road bonds issued pursuant to this article shall be lawful investments for banking institutions, societies for savings, building and loan associations, savings and loan associations, deposit guarantee associations, trust companies, and insurance companies, including dom…

All state road bonds issued pursuant to this article shall be lawful investments for banking institutions, societies for savings, building and loan associations, savings and loan associations, deposit guarantee associations, trust companies, insurance companies, including domesti…

Any state road general obligation bonds which are outstanding may at any time be refunded by the issuance of refunding bonds in an amount deemed necessary to refund the principal of the bonds to be refunded, together with any unpaid interest thereon; to accomplish the purpose of …

Any state road general obligation bonds which are outstanding may at any time be refunded by the issuance of refunding bonds in an amount deemed necessary to refund the principal of the bonds to be refunded, together with any unpaid interest thereon; to accomplish the purpose of …

The Legislature finds and declares: (1) That there is a public need for timely acquisition or construction of and improvements to transportation facilities within the state that are compatible with state and local transportation plans; (2) That public need may not be wholly satis…

The division may take any action to obtain federal, state or local assistance for a qualifying transportation facility that serves the public purpose of this article and may enter into any contracts required to receive federal assistance. The division may determine that it serves…

(a) Except upon written agreement of the developer and any other parties identified in the comprehensive agreement, the division may exercise any or all of the following remedies provided in this section or elsewhere in this article to remedy any material default that has occurre…

The full faith and credit of the state, or any county, municipality or political subdivision of the state may not be pledged to secure any financing of the developer in connection with the acquisition, construction or equipping of a qualifying transportation facility.

(a) At the request of the developer, the division may exercise the power of condemnation that it has under law for the purpose of acquiring any lands or estates or interests in any lands or estates to the extent that the division finds that the action serves the public purpose of…

The developer and each county, municipality, public service district, utility, railroad, and cable television provider whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the fac…

The division shall terminate the developer’s authority and duties under this article on the date set forth in the comprehensive agreement. Upon termination, the duties of the developer and division under this article cease and the qualifying transportation facility shall be dedic…

Comprehensive agreements entered into pursuant to this article are exempt from the provisions of §5-22-1 et seq. of this code. The provisions §21-1C-1 et seq. of this code apply to the construction of all qualifying transportation facilities approved under this article.

(a) The exercise of the powers granted in this article will be in all respects for the benefit of the people of this state, for the improvement of their health, safety, convenience and welfare and for the enhancement of their residential, agricultural, recreational, economic, com…

The provisions of this article are remedial and shall be liberally construed and applied so as to promote the purposes set out in section one of this article.

As used in this article, the following words and terms have the following meanings: (1) "Comprehensive agreement" means the comprehensive agreement by and between a developer and the division required by section nine of this article. (2) "Department" means the Department of Trans…

Any private entity seeking authorization under this article to acquire, construct, or improve a transportation facility shall first submit a conceptual proposal as set forth in §17-27-5 of this code.

In addition to the powers and duties set forth elsewhere in this code, the division and any other agency that is part of the department may: (1) Review proposals submitted by private entities in accordance with this article. The review shall consist of the review by the division …

(a) The division may solicit, or a private entity may submit in writing, a conceptual proposal for a transportation facility to the division for consideration. The conceptual proposal shall include the following: (1) A statement of the private entity’s qualifications and experien…

In addition to any authority otherwise conferred by law, any public entity may contract for services to be provided for a qualifying transportation facility in exchange for service payments and other consideration as the division determines appropriate.

Any public entity may dedicate any property interest that it has for public use as a qualified transportation facility if it finds it will serve the public purpose of this article. In connection with the dedication, a public entity may convey any property interest that it has to …

(a) The developer has all power allowed by law generally to a private entity having the same form of organization as the developer and may acquire, construct or improve a qualifying transportation facility and impose user fees in connection with the use of the facility. (b) The d…

(a) Prior to acquiring, constructing, or improving the qualifying transportation facility, the developer shall enter into a comprehensive agreement with the division. The comprehensive agreement shall provide for: (1) Delivery of performance or payment bonds in connection with th…

This article may be known and referred to as the "West Virginia Community Empowerment Transportation Act."

(a) The commissioner is to encourage the joint and concurrent development and construction of transportation projects with other infrastructure including, without limitation, water and sewer infrastructure. (b) To coordinate and integrate the planning of transportation projects a…

(a) When revenue bonds have been issued as provided in this article and the amount of user fees imposed pursuant to section five of this article and collected, less costs of administration, collection and enforcement, exceeds the amount needed to pay project costs and annual debt…

If any section, clause, provision or portion of this article shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause or provision of this article which is not in and of itself unconstitutional…

The Legislature finds as follows: (1) That a broad and unified system should be continued and persistently upgraded by state law for financing, planning, designing, constructing, expanding, improving, maintaining and operating the public road system and transportation facilities …

Unless the context clearly indicates otherwise, as used in this article: (1) "Affected local jurisdiction" means any county or incorporated municipality of this state in which all or any part of a transportation facility is or will be located, or any other local public entity, in…

(a) In addition to any other powers which a governmental entity may now have, a governmental entity seeking state funds for a transportation project may submit a transportation project plan to the commissioner as a project sponsor. The commissioner shall review the transportation…

(a) In addition to any other powers which a county may now have, each county, by and through its county commission, shall have the following powers: (1) To finance one or more transportation projects, or additions thereto, which shall be located within the county; (2) To impose b…

(a) The county commission, in its discretion, may use the moneys in such special transportation fund established under section five of this article to finance the costs of transportation projects on a cash basis. Every county commission is empowered and authorized to issue, in th…

(a) Prior to acquiring, constructing or improving a transportation facility, the project sponsors shall enter into a comprehensive agreement with the division. The comprehensive agreement shall provide for: (1) Delivery of performance or payment bonds in connection with the const…

(a) Notwithstanding anything in this article to the contrary, the commissioner has final approval of any transportation project. However, no state road funds may be used, singly or together with funds from any other source, for any purpose or in any manner contrary to or prohibit…

All transportation projects authorized under this article are public improvements and are subject to article five-a, chapter twenty-one of this code. Article twenty-two, chapter five of this code applies to all transportation projects authorized under this article. All constructi…

As used in this article: (1) "Personal vehicle" means a vehicle that is: (a) Used by a transportation network company driver to provide a prearranged ride; (b) Owned, leased or otherwise authorized for use by the transportation network company driver; and (c) Not a taxicab or for…

(a) Insurers that write automobile insurance in this state may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a transportation network company’s digital …

(a) Drivers are independent contractors and not employees of the transportation network company if all of the following conditions are met: (1) The transportation network company does not prescribe specific hours during which a transportation network company driver must be logged…

(a) The transportation network company shall implement a zero tolerance policy regarding a transportation network company driver’s activities while accessing the transportation network company’s digital network. The zero tolerance policy shall address the use of drugs or alcohol …

(a) Before allowing an individual to accept trip requests through a transportation network company’s digital platform: (1) The individual shall submit an application to the transportation network company, which includes information regarding his or her address, age, driver’s lice…

The transportation network company shall require any motor vehicle that a transportation network company driver will use to provide transportation network company services to meet the inspection requirements of section four, article sixteen, chapter seventeen-c of this code or th…

A transportation network company driver may not solicit or accept street hails.

The transportation network company shall adopt a policy prohibiting solicitation or acceptance of cash payments from riders and notify transportation network company drivers of such policy. Transportation network company drivers may not solicit or accept cash payments from riders…

(a) The transportation network company shall adopt a policy of nondiscrimination with respect to riders and potential riders and notify transportation network company drivers of such policy: Provided, That no provision of this article may be construed to require that the policy o…

A transportation network company shall maintain the following customer records: (a) Individual trip records of rider customers for at least two years from the date each trip was provided; and (b) Individual records of transportation network company driver customers at least until…

(a) Notwithstanding any provision of chapter twenty-four or any other provision of this code to the contrary, the regulation of the business activities of transportation network companies and transportation network company drivers is governed exclusively by this article. (b) Taxa…