West Virginia Code § 17-3-6

Apportionment of state road fund for construction and reconstruction
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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 exependiture
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 rexceed 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 cotnstruction 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 Fulnd for reserve and distribution during
the next annual period. s
The remaining eighty percent, or, if such rieserve fund is not set aside, then all the funds
shall be appropriated in the followingg 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.

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