(By Delegate Mezzatesta
Introduced March 10, 1993; referred to the
Committee on Government Organization then
Finance.)
A BILL to repeal sections thirty-eight through forty-two,
inclusive, article three, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
to repeal sections one through five, inclusive, article four
of said chapter; to amend and reenact sections one, three,
four, five, five-a, seven, eight, nine, eleven, twelve,
thirteen, fourteen and fifteen, article six, chapter five of
said code; to further amend said article by adding thereto
four new sections, designated sections sixteen, seventeen,
eighteen and nineteen; and to amend and reenact section two,
article one, chapter five-a of said code, all relating to
consolidating the state building commission and the general
services division of the department of administration;
continuing commission; modifying definitions; retaining
providers of professional services; authorizing appointment
of an executive director; authorizing charging fees;
providing for the care, control and custody of the capitol
buildings and grounds; regulating parking; authorizing the
promulgation of rules; authorizing reimbursements from the
asbestos account; contracting in accordance with article
three of chapter five-a; authorizing the sale of bonds to
refinance property being lease-purchased, to purchase an
office building near the capitol, and to provide for a
division of motor vehicles facility; clarifying duties of a
trustee; appointing security officers and specifying their
duties; leasing land, grounds, buildings, office or other
space; ensuring debt is not created; compliance with
article; construction of article and severability; and
eliminating general services division and clarifying
composition of insurance and retirement division of the
department of administration.
Be it enacted by the Legislature of West Virginia:
That sections thirty-eight through forty-two, inclusive,
article three, chapter five-a be repealed; that sections one
through five, inclusive, article four of said chapter be
repealed; that sections one, three, four, five, five-a, seven,
eight, nine, eleven, twelve, thirteen, fourteen and fifteen,
article six, chapter five be amended and reenacted; that said
article be further amended by adding thereto four new sections,
designated sections sixteen, seventeen, eighteen and nineteen;
and that section two, article one, chapter five-a, all of the
code of West Virginia, one thousand nine hundred thirty one, as
amended, be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY
OF THE GOVERNOR, SECRETARY OF STATE
AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 6. STATE BUILDING COMMISSION.
§5-6-1. Name of state office building commission changed;
abolishing general services division of department of
administration and transferring duties, etc; composition;
appointment, terms and qualifications of members; chairman and
secretary; compensation and expenses; powers and duties
generally; frequency of meetings; continuation.
"The State Office Building Commission of West Virginia,"
heretofore created, shall continue in existence but on and after
the ninth day of February, one thousand nine hundred sixty-six,
shall be known and designated as "The State Building Commission
of West Virginia" and shall continue as a body corporate and as
an agency of the state of West Virginia. The general services
division of the department of administration is abolished and all
duties and responsibilities of the general services division are
hereby vested in the commission. All employees, duties,
responsibilities, obligations, assets and property, of whatever
kind and character, of the general services division are hereby
transferred to the commission. Any reference to the general
services division shall mean the commission. The balances of all
funds of the general services division are hereby transferred to
the commission. On and after the date aforesaid, the commission
shall consist of the governor or his designee, attorney general
or his designee, state treasurer or his designee, and four
additional members to be appointed by the governor by and with
the advice and consent of the Senate. The terms of office for
said members to be appointed by the governor shall be four years,
except that the terms of office of the first four members soappointed by the governor shall be for one, two, three and four
years respectively. No more than three of such members so
appointed by the governor shall be members of the same political
party, nor shall any of said members be members or employees of
the executive, legislative or judicial branches of government of
West Virginia or any political subdivision thereof. The governor
shall be chairman of the commission. The secretary of state
shall be a member of the commission and serve as its secretary,
but shall not have the right to vote upon matters before the
commission. The secretary of the department of administration
shall be the executive secretary of the commission. All members
of the commission shall be citizens and residents of this state.
The members of the commission shall be paid or reimbursed for
their necessary expenses incurred under this article, but shall
receive no compensation for their services as members or officers
of the commission: Provided, That each member of the commission
appointed by the governor shall, in addition to such
reimbursement for necessary expenses receive a per diem of
thirty-five dollars for each day or substantial portion thereof
that he is engaged in the work of the commission. Such expenses
and per diem shall be paid solely from funds provided under the
authority of this article, and the commission shall not proceed
to exercise or carry out any authority or power herein given it
to bind said commission beyond the extent to which money has been
provided under the authority of this article. On or before the
fifteenth day of each month, the commission shall prepare and
transmit to the president and minority leader of the Senate and
the speaker and the minority leader of the House of Delegates areport covering the activities of the said commission for the
preceding calendar month.
Pursuant to the provisions of section four, article ten,
chapter four of this code, the state building commission shall
continue to exist until the first day of July, one thousand nine
hundred ninety-three six to allow for the completion of an audit
by the joint committee on government operations.
§5-6-3. Definitions.
The following terms, wherever used or referred to in this
article, shall have the following meanings, unless a different
meaning clearly appears from the context:
(1) "Commission" means the state building commission of West
Virginia or, if said commission shall be abolished, any board or
officer succeeding to the principal functions thereof, or to whom
the powers given to said commission shall be given by law;
(2) "Bonds" means bonds issued by the commission pursuant to
this article;
(3) "Project" means collectively the acquisition and
improvement of land, the construction, equipping, improving,
renovating, maintaining and furnishing of a building or
buildings, equipment, machinery and furnishings, together with
incidental approaches, grounds, parking areas, structures and
facilities, herein authorized to be constructed;
(4) "Cost of project" includes the cost of construction, the
cost of equipping and furnishing same, the cost of all land,
property, material and labor which are deemed essential thereto,
the cost of improvements, financing charges, interest during
construction, and all other expenses, including legal fees,trustees', engineers' and architects' fees which are necessarily
or properly incidental to the project;
(5) "Executive secretary means the secretary of the
department of administration.
(6) "General tax revenues of the state" means revenues of
the state derived from the exercise of the power of taxation and
available for appropriation by the Legislature for general public
purposes and shall not include revenues of the state, or of any
officer, department or agency thereof, derived from taxes levied,
collected and dedicated for a special purpose or purposes or
derived from sources other than taxes such as profits, fees or
charges; and
(7) "Rent" or "rental" includes all moneys received for the
use of any part of a project either from the state of West
Virginia or any officer, department, agency, spending unit or
public corporation thereof, or from any instrumentality or
political subdivision of the state, or directly or indirectly,
from the United States of America or any officer, department,
agency, instrumentality or public corporation thereof, or any
other individual or entity: Provided, That nothing in this
article shall be taken to authorize the payment by or on behalf
of the state of any rent in excess of the fair rental value of
property used by or for such state officer, or department,
spending unit or public corporation in the exercise of his or its
statutory duties.
§5-6-4. Powers of commission.
The commission shall have power:
(1) To sue and be sued, plead and be impleaded;
(2) To have a seal and alter the same at pleasure;
(3) To contract to acquire and to acquire, hold and dispose
of, in the name of the commission or of the state, by purchase,
lease, lease-purchase, or otherwise, real property or rights or
easements necessary or convenient for its corporate purposes and
to exercise the power of eminent domain to accomplish such
purposes;
(4) To acquire, hold and dispose of, by purchase, lease,
lease-purchase or otherwise, personal property for its corporate
purposes;
(5) To make bylaws for the management and regulation of its
affairs;
(6) To retain or contract with architects, engineers and
such other consultants as are necessary; to retain or contract
with attorneys or, Wwith the consent of the attorney general of
the state of West Virginia, to use the facilities of his office,
assistants and employees in all legal matters relating to or
pertaining to the commission;
(7) To appoint an executive director and other officers,
agents and employees, and fix their compensation;
(8) To make contracts, and to execute all instruments
necessary or convenient to effectuate the intent of, and to
exercise the powers granted to it by, this article;
(9) To renegotiate all contracts entered into by it
whenever, due to a change in situation, it appears to the
commission that its interests will be best served;
(10) To construct and acquire a building or buildings on
real property, which it may acquire, or which may be owned by thestate of West Virginia, in the city of Charleston, as convenient
as may be to the capitol building, together with incidental
approaches, structures and facilities, subject to such consents
and approvals of the city of Charleston in any case as may be
necessary; and, in addition, to acquire or construct a warehouse,
including office space therein, in Kanawha county for the West
Virginia alcohol beverage control commissioner, and equip and
furnish the same; and to acquire or construct, through lease,
purchase, lease-purchase, or bond financing, hospitals or other
facilities, buildings, or additions or renovations to buildings
as may be necessary for the safety and care of patients, inmates
and guests at facilities under the jurisdiction of and
supervision of the division of health and at institutions under
the jurisdiction of the division of corrections or the regional
jail and correctional facilities authority; and to formulate and
program plans for the orderly and timely capital improvement of
all of said hospitals and institutions and the state capitol
buildings; and to construct a building or buildings in Kanawha
county to be used as a general headquarters by the division of
public safety to accommodate that division's executive staff,
clerical offices, technical services, supply facilities and
dormitory accommodations; and to develop, improve and expand
state parks and recreational facilities to be operated by the
division of commerce; and to establish one or more systems or
complexes of buildings and projects under control of the
commission; and, subject to prior agreements with holders of
bonds previously issued, to change the same from time to time, in
order to facilitate the issuance and sale of bonds of differentseries on a parity with each other or having such priorities
between series as the commission may determine; and to acquire by
purchase, eminent domain or otherwise all real property or
interests therein necessary or convenient to accomplish the
purposes of this subdivision;
(11) To maintain, construct, improve and operate a project
authorized hereunder;
(12) To charge rentals for the use of all or any part of a
project or buildings at any time financed, constructed, acquired
or improved in whole or in part with the proceeds of sale of
bonds issued pursuant to this article, subject to and in
accordance with such agreements with bondholders as may be made
as hereinafter provided: Provided, That on and after the
effective date of the amendments to this section twenty-fifth day
of August, one thousand nine hundred ninety, to charge rentals
for the use of all or any part of a project or buildings at any
time financed, constructed, acquired, maintained or improved in
whole or in part with the proceeds of sale of bonds issued
pursuant to this article, subject to and in accordance with such
agreements with bondholders as may be made as hereinafter
provided, or with any funds available to the state building
commission, including, but not limited, to all buildings and
property owned by the state of West Virginia or by the state
building commission, but no such rentals shall be charged to the
governor, attorney general, commissioner of agriculture,
secretary of state, state auditor, state treasurer, the
Legislature and the members thereof, the supreme court of
appeals, nor for their offices, agencies, official functions andduties;
(13) To charge fees for services rendered or commodities
provided or for the improvement of any project;
(14) To have the care, control and custody of the capitol
buildings and grounds;
(15) To regulate parking on state or commission owned
property;
(16) To establish any divisions, sections or offices
reasonably necessary for the effective and economical operations
of the commission;
(17) To promulgate rules and regulations in accordance with article
three, chapter twenty-nine-a of this code to provide for such
matters as may be necessary to effectuate the provisions of this
article;
(1318) To issue negotiable bonds and to provide for the
rights of the holders thereof;
(1419) To accept and expend any gift, grant or contribution
of money to, or for the benefit of, the commission, from the
state of West Virginia or any other source for any or all of the
purposes specified in this article or for any one or more of such
purposes as may be specified in connection with such gift, grant
or contribution;
(1520) To enter on any lands and premises for the purpose of
making surveys, soundings and examinations;
(1621) To invest in United States government obligations, on
a short-term basis, any surplus funds which the commission may
have on hand pending the completion of any project or projects;
and
(1722) To do all things necessary or convenient to carry out
the powers given in this article.
The rights and powers set forth in subdivision (10) of this
section shall not be construed as in derogation of any rights and
powers now vested in the West Virginia alcohol beverage control
commissioner, the department of mental health and human
resources, the commissioner of public institutions corrections or
the department division of natural resources.
§5-6-5. Deposit and disbursement of funds of commission;
security for deposits; audits.
Except as provided in sections five-a and nine of this
article, all moneys of the commission from whatever source
derived shall be paid to the treasurer of the state of West
Virginia treasury who shall not commingle said moneys, but shall
deposit them to for deposit in special revenue account to be
known as the "State Building Commission Fund." The moneys in
said account shall not be commingled and shall be impressed with
and subject to the lien or liens thereon in favor of the
bondholders provided in the proceedings for issuance of bonds
pursuant to this article. The moneys in said account shall be
paid out on check of the treasurer on requisition of the chairman
of the commission, or of such other person as the commission may
authorize to make such requisition. All deposits of such moneys
shall, if required by the treasurer state board of investments or
the commission, be secured by obligations of the United States,
of the state of West Virginia, or of the commission, of a market
value equal at all times to the amount of the deposit, and all
banking institutions are authorized to give such security forsuch deposits. The legislative auditor and his legally
authorized representatives are hereby authorized and empowered
from time to time to examine the accounts and books of the
commission, including its receipts, disbursements, contracts,
leases, sinking funds, investments and any other matters relating
to its financial standing.
§5-6-5a. Creation of asbestos account; purpose; funding;
disbursements.
(a) There is hereby created in the state treasury a separate
special revenue account, which shall be an interest bearing
account, to be known as the "asbestos account." The special
revenue account shall consist of recoveries from litigation
pertaining to asbestos, appropriations made by the Legislature,
income from the investment of moneys held in the special revenue
account and all other sums available for deposit to the special
revenue account from any source, public or private and no
expenditures for purposes of this section are authorized from
collections except in accordance with the provisions of article
three, chapter twelve of this code and upon fulfillment of the
provisions set forth in article two, chapter five-a of this code.
No expenses incurred under this section shall be a charge against
the general funds of the state.
(b) Moneys in the special revenue account shall be
appropriated to the state building commission and used
exclusively, in accordance with appropriations by the
Legislature, to pay costs, fees and expenses incurred, or to be
incurred for the following purposes: (1) The investigation and
pursuit of claims against manufacturers, suppliers and installersof asbestos or asbestos containing materials; (2) all services
relating to the litigation involving the state and pertaining to
asbestos or asbestos containing materials; (3) the location,
treatment and abatement of asbestos or asbestos containing
materials by the state; (4) the development of implementation,
administration and management manuals pertaining to asbestos or
asbestos containing materials and the treatment and/or abatement
of asbestos or asbestos containing materials; (5) the design,
implementation and management of all state buildings containing
asbestos and asbestos containing materials for the proper
treatment and/or abatement of asbestos conditions as they arise
and as are needed; (6) all other related asbestos activities
designed for the location, treatment and abatement of such
asbestos or asbestos containing materials as are found in state
buildings, including buildings under the control of the
university of West Virginia board of trustees or the board of
directors of the state college system, and as determined by the
secretary of the department of administration; and (7) all costs
incurred in the administration of the special revenue account.
(c) Any balance remaining in the special revenue account at
the end of any state fiscal year shall not revert to the general
revenue fund but shall remain in the special revenue account and
shall be used solely in a manner consistent with this section:
Provided, That over the three succeeding fiscal years after the
effective date of this section, any appropriation made to the
special revenue account from general revenue shall be repaid to
the general revenue fund from moneys available in the special
revenue account.
(d) Disbursements from the special revenue account shall be
authorized by the secretary of the department of administration
or his designee. Moneys in the special revenue account shall not
be available for the payment of any personal injury claims,
workers' compensation claims or other types of disability claims.
Payment from the special revenue account may be made for any
expense incurred by the attorney general or any other state
spending unit prior to or after the effective date of this
section, including any expense incurred in prior fiscal years, if
the expense is directly related to the litigation of matters
pertaining to asbestos and asbestos containing materials in which
the state is involved, unless such expenditure was made from
general revenue in which case the reimbursement will be made to
the general revenue fund.
§5-6-7. Contracts with commission to be secured by bond;
competitive bids required for certain contracts for
projects.
The commission shall construct, equip, improve, renovate,
maintain or furnish a project pursuant to a contract or
contracts. Every such contract shall be secured by a bond
meeting the requirements of section thirty-nine, article two,
chapter thrity-eight of this code. entered into in accordance
with the provisions of article three of chapter five-a of this
code.
No contract or contracts for the construction, remodeling,
renovation or repair of any building or buildings or any
approaches, structures or facilities incidental thereto, or for
the equipping and furnishing of any building or buildings, whenthe anticipated expenditure therefor will exceed the sum of five
thousand dollars, shall be entered into except upon the basis of
competitive sealed bids: Provided, That effective with the
effective date of the amendments to this section, no contract or
contracts for the construction, remodeling, renovation or repair
of any building or buildings or any approaches, structures or
facilities incidental thereto, or for the equipping and
furnishing of any building or buildings, when the anticipated
expenditure therefor will exceed the sum of ten thousand dollars,
shall be entered into except upon the basis of such bids. Such
bids shall be obtained by public notice soliciting such bids
published as a Class II legal advertisement in compliance with
the provisions of article three, chapter fifty-nine of this code,
and the publication area for such publication shall be the county
in which any such contract is to be performed. The publication
shall be completed at least fourteen days prior to the final date
for the submission of bids. The commission may in addition to
such publication also solicit sealed bids by sending requests by
mail to prospective bidders. The contract shall be awarded to
the lowest responsible bidder, unless any and all bids are
rejected, in which event new bids shall be sought by again
publishing notice as aforesaid. Any bid, with the name of the
bidder, shall be entered on a record and each record, with the
successful bid indicated thereon, shall, after the award of any
contract, be open to public inspection in the office of the
secretary of the commission.
§5-6-8. Commission empowered to issue state building revenue
bonds after legislative authorization; form and requirementsfor bonds; procedure for issuance; temporary bonds; funds,
grants and gifts.
The commission is hereby empowered to raise the cost of a
project, as defined in this article, by the issuance of state
building revenue bonds of the state, the principal of and
interest on which bonds shall be payable solely from the special
fund herein provided for such payment. Subject to the
proceedings pursuant to which any bonds outstanding were
authorized and issued pursuant to this article, the commission
shall pledge the moneys in such special fund, except such part of
the proceeds of sale of any bonds to be used to pay the cost of
a project, for the payment of the principal of and interest on
bonds issued pursuant to this article, such pledge to apply
equally and ratably to separate series of bonds or upon such
priorities as the commission shall determine. Such bonds shall
be authorized by resolution of the commission which shall recite
an estimate by the commission of such cost, and shall provide for
the issuance of bonds in an amount sufficient, when sold as
hereinafter provided, to produce such cost, less the amount of
any funds, grant or grants, gift or gifts, contribution or
contributions received, or in the opinion of the commission
expected to be received, from the United States of America or
from any other source. The acceptance by the commission of any
and all such funds, grants, gifts and contributions, whether in
money or in land, labor or materials, is hereby expressly
authorized. All such bonds shall have and are hereby declared
to have all the qualities of negotiable instruments. Such bonds
shall bear interest at not more than twelve percent per annum,payable semiannually, and shall mature in not more than forty
years from their date or dates, and may be made redeemable at the
option of the state, to be exercised by the commission, at such
price and under such terms and conditions, all as the commission
may fix prior to the issuance of such bonds. The commission
shall determine the form of such bonds, including coupons, if
any, to be attached thereto to evidence the right of interest
payments, which bonds shall be signed by the chairman and
secretary of the commission, under the great seal of the state,
attested by the secretary of state, and the coupons, if any,
attached thereto shall bear the facsimile signature of the
chairman of the commission. In case any of the officers whose
signatures appear on the bonds or coupons issued as hereinbefore
authorized shall cease to be such officers before the delivery of
such bonds, such signatures shall nevertheless be valid and
sufficient for all purposes the same as if they had remained in
office until such delivery. The commission shall fix the
denominations of such bonds, the principal and interest of which
shall be payable at the office of the treasurer of the state of
West Virginia, at the capitol of the state, or, at the option of
the holder, at some bank or trust company within or without the
state of West Virginia to be named in the bonds, in such medium
as may be determined by the commission. The bonds and interest
thereon shall be exempt from taxation by the state of West
Virginia, or any county or municipality therein. The commission
may provide for the registration of such bonds in the name of the
owners as to principal alone, and as to both principal and
interest under such terms and conditions as the commission maydetermine, and shall sell such bonds in such manner as it may
determine to be for the best interest of the state, taking into
consideration the financial responsibility of the purchaser, and
the terms and conditions of the purchase, and especially the
availability of the proceeds of the bonds when required for
payment of the cost of the project, such sale to be made at a
price not lower than a price which, computed upon standard tables
of bond values, will show a net return of not more than thirteen
percent per annum to the purchaser upon the amount paid therefor.
The proceeds of such bonds shall be used solely for the payment
of the cost of the project for which bonds were issued, and shall
be deposited and checked out as provided by section five of this
article, and under such further restrictions, if any, as the
commission may provide. If the proceeds of bonds issued for a
project or a specific group of projects shall exceed the cost
thereof, the surplus shall be paid into the fund hereinafter
provided for payment of the principal and interest of such bonds.
Such fund may be used for the purchase of any of the outstanding
bonds payable from such fund at the market price, but at not
exceeding the price, if any, at which such bonds shall in the
same year be redeemable, and all bonds redeemed or purchased
shall forthwith be cancelled, and shall not again be issued.
Prior to the preparation of definitive bonds, the commission may,
under like restrictions, issue temporary bonds with or without
coupons, exchangeable for definitive bonds upon the issuance of
the latter. Notwithstanding the provisions of sections nine and
ten, article six, chapter twelve of this code, revenue bonds
issued under the authority herein granted shall be eligible asinvestments for the workers' compensation fund, teachers
retirement fund, division of public safety death, disability and
retirement fund, West Virginia public employees retirement system
and as security for the deposit of all public funds. Such
revenue bonds may be issued without any other proceedings or the
happening of any other conditions or things than those
proceedings, conditions and things which are specified and
required by this article, or by the constitution of the state.
For all projects authorized under the provisions of this
article other than projects to be leased by the commission to the
regional jail and correctional facilities authority, the
aggregate amount of all issues of bonds outstanding at one time
shall not exceed sixty-two million five hundred thousand dollars
including the renegotiation, reissuance or refinancing of any
such bonds, and no such project in connection with which bonds
are to be issued shall be initiated by the commission unless and
until the Legislature, through enactment of general law, approves
the purpose, the amount of bonds to be issued, and the total cost
for such project, construction or acquisition.
For projects which are to be leased by the commission to the
regional jail and correctional facilities authority, legislative
approval pursuant to the provisions of this section shall not be
required if such projects have otherwise been approved by the
Legislature in accordance with the provisions of subsection (m),
section five, article twenty, chapter thirty-one of this code,
and the limitations on the amount of revenue bonds which may be
issued by the commission and the project costs shall be governed
by the terms of any concurrent resolution adopted pursuant tosaid subsection.
Notwithstanding anything in this article to the contrary,
the commission is authorized to issue bonds or otherwise finance
or refinance any or all of the state office buildings and
adjoining real property being lease-purchased in Beckley,
Clarksburg, Fairmont, Huntington and Parkersburg in such amounts
as may be reasonably necessary; to issue bonds or otherwise
finance property and buildings needed for state spending units in
an amount not to exceed three million dollars; and to issue bonds
or otherwise finance a facility to be obtained or constructed by
the commission and leased to the division of motor vehicles in
such amount as may be reasonably necessary, including the costs
of issuance and sale of said bonds or financing, all necessary
financial and legal expenses and creation of debt service reserve
funds.
§5-6-9. Trustee for holders of bonds; contents of trust
agreement.
The commission may enter into an agreement or agreements
with any trust company, or with any bank having the powers of a
trust company, whether within or outside of the state, as trustee
for the holders of bonds issued hereunder, setting forth therein
such duties of the state and of the commission in respect of the
acquisition, construction, improvement, maintenance, operation,
repair and insurance of the project, the conservation and
application of all moneys, the custody, safeguarding and
disposition of all proceeds of the bonds, debt service reserve
funds and other bond funds deposited with the trust company or
bank by the commission in accordance with a trust agreement, theinsurance of moneys on hand or on deposit, and the rights and
remedies of the trustee and the holders of the bonds, as may be
agreed upon with the original purchasers of such bonds, and
including therein provisions restricting the individual right of
action of bondholders as is customary in trust agreements
respecting bonds and debentures of corporations, protecting and
enforcing the rights and remedies of the trustee and the
bondholders, and providing for approval by the original
purchasers of the bonds of the appointment of consulting
architects, and of the security given by those who contract to
construct the building, and by any bank or trust company in which
the proceeds of bonds or rentals shall be deposited, and for
approval by the consulting architects of all contracts for
construction. All expenses incurred in carrying out such
agreement may be treated as a part of the cost of maintenance,
operation and repairs of the project.
§5-6-11. Management and control of capitol buildings, capitol
grounds and projects.
(a) The commission shall be charged with the full
responsibility for the control, maintenance, management, care,
operation and custody of the capitol buildings and in this
connection shall furnish janitorial services, such services to be
provided by employees of the department of administration for the
main capitol building, including east and west wings, together
with all the departments therein, or connected therewith,
regardless of the budget or budgets, departmental or otherwise,
from which such janitorial services are paid, and shall furnish
janitorial supplies, light, heat and ventilation for all therooms and corridors of the buildings: Provided, That nothing
herein shall be construed to prohibit contracts for janitorial
services with sheltered workshops. The president of the Senate
and speaker of the House of Delegates, or their respective
designees, shall have charge of the halls and committee rooms of
their respective houses and any other quarters at the state
capitol provided for the use of the Legislature or its staff, and
keep the same properly cleaned, warmed and in good order, and
shall do and perform such other duties in relation thereto as
either house may require;
(b) The commission shall have the full responsibility for
the control, maintenance, management, operation and repair of the
projects.
(c) In connection with the responsibilities specified in
subsections (a) and (b) of this section, the commission shall:
(1) Direct the making of all repairs, improvements,
alterations and renovations of the capitol buildings, governor's
mansion, grounds of such buildings and mansion, and the projects;
(2) Landscape and take care of the lawns and gardens;
(3) Fix the rates of rental and specify the terms and
conditions of leases;
(4) Promulgate rules and regulations in accordance with
article three, chapter twenty-nine-a of this code pertaining to
the use and maintenance of the capitol buildings, capitol grounds
and projects, including but not limited to, charging for the use
of the premises, regulating visitors, regulating sales by
non-governmental entities on the premises and prohibiting smoking
inside the buildings: Provided, That rules and regulationspertaining to smoking shall not apply to the offices of
constitutional officers, the legislature and members thereof, and
the supreme court of appeals.
(d) The commission shall develop and maintain standard
specifications for construction, renovations and improvements for
projects and campus master plans for short term and long term
growth and development.
(e) The offices of the assistants and employees appointed to
perform these duties shall be located where designated by the
commission, except that they shall not be located in any of the
legislative chambers, offices, rooms or halls. Office hours
shall be so arranged that emergency or telephone service shall be
available at all times. The hours shall be so arranged that
janitorial service shall not unreasonably interfere with other
employment during regular office hours.
§5-6-12. Security officers; appointment; oath; carrying weapons;
powers and duties generally, etc.
The commission is hereby authorized to appoint bona fide
residents of this state to act as security officers upon any
premises owned or leased by the state of West Virginia and under
the jurisdiction of the commission, subject to the conditions and
restrictions hereinafter imposed. Before entering upon the
performance of his duties as such security officer, each person
so appointed shall qualify therefor in the same manner as is
required of county officers by taking and filing an oath of
office as required by article one, chapter six of this code. No
such person shall have authority to carry a gun or any other
dangerous weapon until he shall have obtained a license thereforin the manner prescribed by section two, article seven, chapter
sixty-one of this code.
It shall be the duty of any person so appointed and
qualified to preserve law and order on any premises under the
jurisdiction of the commission to which he may be assigned by the
executive director or his designee. For this purpose he shall as
to offenses committed on such premises have and may exercise all
the powers and authority and shall be subject to all the
responsibilities of a deputy sheriff of the county. The
assignment of security officers to any premises under the
jurisdiction of the commission shall not be deemed to supersede
in any way the authority or duty of other peace officers to
preserve law and order on such premises.
The commission may at its pleasure revoke the authority of
any such officer by filing a notice to that effect in the office
of the clerk of each county in which his oath of office was
filed, and in the case of officers licensed to carry a gun or
other dangerous weapon, by notifying the clerk of the circuit
court of the county in which the license therefor was granted.
§5-6-13. Enforcement; unlawful to kill or molest animals, birds
or fowls upon grounds of capitol; etc.; penalties.
In addition to the duties of persons appointed and qualified
as security officers pursuant to section twelve of this article,
such security officers shall have authority and it shall be the
duty of such security officers to enforce the provisions of this
section. This authority and duty of security officers shall not
be deemed to supersede in any way the authority or duty of other
peace officers to enforce the provisions of this section.
It shall be unlawful at any time to kill or molest in any
manner, any animals, birds or fowls on the grounds of the capitol
buildings or governor's mansion, except as may be deemed
necessary by the commission or its executive director for the
control or extermination of animals, birds or fowls deemed by the
commission or executive director to be pests or a danger to the
health and safety. Any person who kills or molests in any
manner, or knowingly allows a dog or other animal owned by him to
kill or molest in any manner any animals, birds or fowls on the
grounds of the capitol buildings or governor's mansion shall be
guilty of a misdemeanor, and, upon conviction thereof, be fined
not less than fifty dollars nor more than five hundred dollars
or, in the discretion of the court, be imprisoned in the county
jail for not more than six months, or both such fine and
imprisonment.
It shall be unlawful for any person to knowingly allow a dog
owned by him to be upon the grounds of the capitol buildings or
governor's mansion unless such dog is under control by leash.
Any person who knowingly allows a dog owned by him to be upon the
grounds of the capitol buildings or governor's mansion while not
under control by leash shall be guilty of a misdemeanor, and,
upon conviction thereof, be fined not less than twenty-five nor
more than one hundred dollars.
It shall further be unlawful for any person to knowingly
allow a dog or other animal owned by him or under his control to
defecate upon the grounds of the capitol buildings or governor's
mansion. In the event that a dog or other animal owned by or
under the control of a person defecates upon the grounds of thecapitol buildings or governor's mansion, the person shall remove
such defecation. Any person who knowingly allows a dog or other
animal owned by him or under his control to defecate upon the
grounds of the capitol buildings or governor's mansion and who
subsequently fails to remove said defecation, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be fined not
less than twenty-five nor more than one hundred dollars.
§5-6-14. Regulation of parking on commission-owned and operated
and state-owned property; penalties; jurisdiction.
The commission is vested with authority to regulate and
charge fees for the parking of motor vehicles in accordance with
the provisions of this section with regard to any property now or
hereafter owned or operated by the commission and to the
following state-owned property in the city of Charleston, Kanawha
county:
(a) The east side of Greenbrier Street between Kanawha
Boulevard and Washington Street, East;
(b) The west side of California Avenue between Kanawha
Boulevard and Washington Street, East;
(c) Upon the state-owned grounds upon which state Office
Building No. 3 is located;
(d) Upon the state-owned grounds upon which state Office
Building No. 4, 112 California Avenue, is located;
(e) In the state-owned parking garage at 212 California
Avenue and upon the state-owned grounds upon which such parking
garage is located;
(f) Upon the state-owned property at Michigan Avenue and
Virginia Terrace; and
(g) 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, including the Laidley field
complex.
The commission is authorized to promulgate rules and
regulations respecting parking and to allocate parking spaces to
public officers and employees of the state and to the public upon
all of the aforementioned property: 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, shall be
subject to rules and regulations promulgated jointly by the
speaker of the House of Delegates and the president of the
Senate. Any person parking any vehicle contrary to this section
or to the rules and regulations promulgated under authority of
this section shall be subject to a fine of not less than one
dollar nor more than twenty-five dollars for each offense. In
addition, the commission or the Legislature, as the case may be,
may cause the removal at owner expense of any vehicle that is
parked in violation of such rules and regulations. Magistrates
in Kanawha county shall have jurisdiction of all such offenses.
The commission is authorized to employ such persons as may
be necessary to enforce the parking rules and regulations
promulgated under the provisions of this section.
§5-6-15. Leases for land, grounds, buildings, office or other
space.
(a) Notwithstanding any other provision of this code, no
department, agency, spending unit or institution of state
government shall lease, or offer to lease, as lessee, any land,
grounds, buildings, office or other space except in accordance
with this section: Provided, That the provisions of this section
except as to office space shall not apply in any respect whatever
to the division of highways of the department of transportation.
(b) The secretary of the department of administration is
authorized to and shall have the sole authority to select and
acquire by contract or lease, in the name of the state, any land,
grounds, buildings, office or other space required by any
department, agency, spending unit or institution of state
government, the rental of which is necessarily required by any
department, agency, spending unit or institution, upon a
certificate from its chief executive officer or his designee that
the land, grounds, buildings, office space or other space
requested is necessarily required for the proper function of the
department, agency, spending unit or institution, that the
department, agency, spending unit or institution will be
responsible for all rent and other necessary payments or costs in
connection with the contract or lease and that satisfactory land,
grounds, buildings, office space or other space is not available
on grounds and in buildings now owned or leased by the state.
The secretary of the department of administration shall, before
executing any rental contract or lease, determine the fair rental
value for the rental of the requested land, grounds, buildings,office space or other space, and shall contract for or lease said
premises at a price not to exceed the fair rental value thereof.
(c) The secretary of the department of administration is
hereby authorized to enter into long-term agreements for land,
buildings and space for periods longer than one fiscal year:
Provided, That such long-term lease agreements shall not be for
periods in excess of forty years, including any extensions,
renewals or options to extend or renew, and shall contain, in
substance, all the following provisions:
(1) the department of administration, as lessee, shall have
the right to cancel the lease without further obligation on the
part of the lessee or tenant upon giving thirty days' written
notice to the lessor, such notice being given at least thirty
days prior to the last day of the succeeding month;
(2) the lease shall be considered canceled without further
obligation on the part of the lessee if the state Legislature or
the federal government should fail to appropriate sufficient
funds therefor or should otherwise act to impair the lease or
cause it to be canceled; and
(3) the lease shall be considered renewed for each ensuing
fiscal year during the term of the lease unless it is canceled by
the secretary of the department of administration before the end
of the then current fiscal year.
(d) Leases and other instruments for land, grounds,
buildings, office or other space shall be signed by the secretary
of the department of administration or his designee in the name
of the state, and approved as to form by the attorney general.
A lease or other instrument for land, grounds, buildings, officeor other space containing term, including any options, of more
than six months for its fulfillment shall be filed with the state
auditor.
(e) The secretary of the department of administration may
expressly delegate in writing the authority granted to him by
this section to the appropriate department, agency, spending unit
or institution of state government when the rental and other
costs to the state do not exceed the sum specified by regulation
in any one fiscal year or when necessary to meet bona fide
emergencies arising from unforeseen causes.
(f) A department, agency, spending unit or institution
granted land, grounds, buildings, office space or other space
leased in accordance with this section may not order or make
permanent changes of any type thereto, unless the secretary of
the department of administration has first determined that the
change is necessary for the proper, efficient and economically
sound operation of the department, agency, spending unit or
institution. For purposes of this section, a "permanent change"
means any addition, alteration, improvement, remodeling, repair
or other change involving the expenditure of state funds for the
installation of any tangible thing which cannot be economically
removed from the land, grounds, buildings, office space or other
space when vacated by the spending unit.
(g) The secretary of the department of administration shall
have the power and authority to promulgate such rules and
regulations in accordance with the provisions of article three,
chapter twenty-nine-a of this code as he may deem necessary to
carry out the provisions of this section.
§5-6-16. Article not authority to create state debt.
Nothing in this article contained shall be so construed or
interpreted as to authorize or permit the incurring of state debt
of any kind or nature as contemplated by the provisions of the
constitution of the state of West Virginia in relation to state
debt.
§5-6-17. Compliance with article and state constitution only
restrictions on construction and management of project.
It shall not be necessary to secure from any officer or
board not named in this article any approval or consent, or any
certificate or finding, or to hold an election, or to take any
proceedings whatever, either for the construction of such
project, or the improvement, maintenance, operation or repair of
a project, the capitol buildings and grounds or the governor's
mansion, or for the issuance of bonds hereunder, except such as
are prescribed by this article or are required by the
constitution of the state.
§5-6-18. Article to be liberally construed.
This article, being necessary for the health, welfare and
convenience of the citizens of the state, should be liberally
construed to effectuate the purposes thereof.
§5-6-19. Severability.
If any provision or any part or clause of any provision of
this article, or the application thereof to any person or
circumstance, is held unconstitutional or invalid, such
unconstitutionality or invalidity shall not affect other
provisions, or other parts or other clauses of any provision, or
applications of this article, and to this end the provisions ofthis article are declared to be severable.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
§5A-1-2. Department of administration and office of secretary;
secretary; division of finance and administration abolished;
divisions; directors.
The department of administration and the office of secretary
of administration are hereby continued in the executive branch of
state government. The secretary shall be the chief executive
officer of the department and director of the budget and shall be
appointed by the governor, by and with the advice and consent of
the senate, for a term not exceeding the term of the governor.
The office of the commissioner of finance and administration and
the division of finance and administration are hereby abolished.
All duties and responsibilities of the commissioner of finance
and administration are hereby vested in the secretary of
administration. All records, responsibilities, obligations,
assets and property, of whatever kind and character, of the
division of finance and administration are hereby transferred to
the department of administration. The balances of all funds of
the division of finance and administration are hereby transferred
to the department of administration. The department of
administration is hereby authorized to receive federal funds.
The secretary shall serve at the will and pleasure of the
governor. The annual compensation of the secretary shall be as
specified in section three, article one, chapter five-f of this
code.
There shall be in the department of administration a financedivision, a general services division, an information services
and communications division, an insurance and retirement
division, a personnel division and a purchasing division. The
insurance and retirement division shall be comprised of the
public employees retirement system and board of trustees
consolidated public retirement board, the public employees
insurance agency and public employees advisory board, the
teachers retirement system and teachers' retirement board, and
the board of risk and insurance management. Each division shall
be headed by a director who may also head any and all sections
within that division and who shall be appointed by the secretary.
In addition to the divisions enumerated above, there shall also
be in the department of administration those agencies, boards,
commissions and councils specified in section one, article two,
chapter five-f of this code.
NOTE: The purpose of this bill is to consolidate the
general services division of the department of administration
into the state building commission. The general services
division is abolished and all its duties and responsibilities are
transferred to the commission. The secretary of administration
is made the executive secretary. Various definitions have been
modified to reflect the consolidation and to clarify duties.
Authority is granted to retain providers of professional
services, to appoint an executive director and to charge fees.
Reimbursements for prior expenditures by agencies are authorized
to be paid from the asbestos account. Language pertaining to
contracts has been modified to comply with purchasing statutes.
The sale of bonds is authorized to refinance the office buildings
being lease-purchased by the commission, to purchase an office
building near the capitol and, if authorized by concurrent
resolution of the Legislature, to provide financing for a
division of motor vehicles facility. Duties of trustees are
clarified. Commission is authorized to appoint security
officers. Leasing of real property is transferred from the
purchasing division of the department of administration to the
commission. Various technical modifications have been made to
reflect current code provisions.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§§5-6-11, 12, 13, 14 and 15 have been completely rewritten
and §§5-6-16, 17, 18 and 19 are new; therefore, strike-throughs
and underscoring have been omitted.