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Introduced Version House Bill 2749 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2749


(By Delegates Mezzatesta and Stemple)
[Introduced March 5, 2001; referred to the
Committee on Government Organization.]




A BILL to amend and reenact section five, article four, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the secretary of administration to request the assistance of the division of protective services with respect to enforcement of parking on and around the state capitol.

Be it enacted by the Legislature of West Virginia:
That section five, article four, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 4. GENERAL SERVICES DIVISION.

§5A-4-5. Regulation of parking on state-owned property in
Charleston; construction of parking garage for general public; penalties; jurisdiction; creation of funds.

(a) It is the intent of the Legislature to provide a parking facility for the general public and to direct the secretary of the department of administration to plan and construct a parking garage at the state capitol complex that will provide sufficient and additional parking for the general public.
(b) (a) The secretary may regulate the parking of motor vehicles in accordance with the provisions of this section with regard to the following state-owned property in the city of Charleston, Kanawha County:
(1) The east side of Greenbrier Street between Kanawha Boulevard and Washington Street, East;
(2) The west side of California Avenue between Kanawha Boulevard and Washington Street, East;
(3) Upon the state-owned grounds upon which state office building no. 3 is located;
(4) Upon the state-owned grounds which state office building no. 4, 112 California Avenue, is located;
(5) In the state-owned parking garage at 212 California Avenue and upon the state-owned grounds upon which such parking garage is located;
(6) Upon the state-owned property at Michigan Avenue and Virginia Terrace; and
(7) Upon any other property now or hereafter owned by the state and used for parking purposes in conjunction with the state capitol or state office buildings numbers three and four, including the Laidley field complex. Provided, That the secretary shall present to the joint committee on government and finance for its suggestions, on or before the first day of July, one thousand nine hundred ninety-eight, plans for the construction of a state capitol parking garage to be constructed, on property owned by the state or to be purchased by the state, no later than the thirtieth day of June, one thousand nine hundred ninety-nine. The submitted plans shall include proposals for general public parking, including the estimated use and cost; relocation of parking for official state vehicles; and state employee parking, including the estimated use and cost
(c) (b) The secretary shall propose rules for promulgation respecting parking and to allocate parking spaces to public officers and employees of the state upon all of the property set forth in subsection (a) of this section: Provided, That during sessions of the Legislature, including regular, extended, extraordinary and interim sessions, parking on the east side of Greenbrier Street between Kanawha Boulevard and Washington Street, East, in the science and culture center parking lot, on the north side of Kanawha Boulevard between Greenbrier Street and California Avenue, and on the west side of California Avenue between Kanawha Boulevard and Washington Street, East, is subject to rules promulgated jointly by the speaker of the House of Delegates and the president of the Senate. Any person parking any vehicle contrary to the rules promulgated under authority of this subsection is subject to a fine of not less than one dollar nor more than twenty-five dollars for each offense. In addition, the secretary, the director of the division of protective services or the Legislature, as the case may be, may cause the removal at owner expense of any vehicle that is parked in violation of the rules. Magistrates in Kanawha County have jurisdiction of all the offenses.
(d) (c) The secretary employ the persons as may be necessary to enforce the parking rules promulgated under the provisions of this section
. The secretary may authorize the director of the division of protective services to assist him or her in enforcing the parking rules promulgated under the provisions of this section .
(e) (d) There is created in the department of administration a special fund to be named the "Parking Garage Fund" in which shall be deposited funds that are appropriated and funds from other sources to be used for the construction and maintenance of a the parking garage on the state capitol complex.

NOTE: The Purpose of this Bill is to allow the Secretary of Administration to request the Division of Protective Services to assist in parking enforcement in and around the State Capitol.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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