ENGROSSED

COMMITTEE SUBSTITUTE

FOR

H. B. 2644

(By Delegates Mezzatesta, D. Miller and P. White)

(Originating in the House Committee on Finance)


[April 1, 1993]




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article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that sections one through five, inclusive, article four of said chapter be repealed; that sections one, three, four, five, five- a, seven, eight, nine, eleven, twelve, thirteen, fourteen and fifteen, article six, chapter five of said code be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 of said chapter five-a 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 or her designee, attorneygeneral or his or her designee, state treasurer or his or her 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 so appointed 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 the same compensation as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or substantial portion thereof that he or she is engaged in the work of thecommission. 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 a report 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 ninety-nine. 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 orbuildings, 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;
(5) (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
(6) (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 thisarticle 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; with 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 to use the facilities, assistants and employees of the office of attorney general of the state of West Virginia 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 the state 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 consent consents and approval of the city of Charleston in any case approvals 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 abuilding 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 different series 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 issuedpursuant 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 and duties;
(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 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;
(13) (18) To issue negotiable bonds and to provide for the rights of the holders thereof;
(14) (19) 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 orall 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;
(15) (20) To enter on any lands and premises for the purpose of making surveys, soundings and examinations;
(16) (21) 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
(17) (22) 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 section 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 a special revenue account to be known as the "State Building Commission Fund." The moneys in the 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 tothis article. The moneys in the 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 for such 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 theprovisions 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 installers of 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: Provided, however, That balances remaining which are found from time to time to exceed the funds needed for the purposes set forth in this section may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature;
(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 for projects.

The commission shall construct, equip, improve, renovate, maintain or furnish a project pursuant to a contract or contracts. Every such contract for an amount in excess of five thousand dollars shall be secured by a bond meeting the requirements of section thirty-nine, article two, chapter thirty- 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, when the 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 tosuch 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 requirements for 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 forthe 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 thedenominations 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 may determine, 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 canceled, 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 as investments 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, approvesthe 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 to said subsection.
Notwithstanding anything in this article to the contrary, the commission is authorized to issue bonds or otherwise finance or refinance the following projects, including the costs of issuance and sale of the bonds or financing, all necessary financial and legal expenses and creation of debt service reserve funds, in an amount not to exceed twenty-one million dollars:
(a) Any or all of the state office buildings and adjoining real property being lease-purchased in Beckley, Clarksburg, Fairmont, Huntington and Parkersburg: Provided, That no such building and adjoining real property shall be financed or refinanced unless such financing or refinancing is at an interest rate at 1.5% below the interest rate being paid by the current owner under the lease-purchase agreement;
(b) A facility to be obtained or constructed by the commission and leased to the division of motor vehicles; and
(c) Property and buildings needed for state spending unitsin an amount not to exceed three million dollars.
§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, the insurance 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 suchagreement 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 the rooms 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 insubsections (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 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 nongovernmental entities on the premises and prohibiting smoking inside the buildings: Provided, That rules pertaining to smoking do 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 otheremployment during regular office hours.
(f) Nothing in this article shall be construed to limit the power, duty or authority of the capitol building commission pursuant to article eight, chapter four of this code.
§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 therefor in the manner prescribed by section two four, 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 supersedein 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 is guilty of a misdemeanor, and, upon conviction thereof, shall be finednot less than fifty dollars nor more than five hundred dollars or be imprisoned in the county or regional jail for not more than six months, or both fined and imprisoned.
It is 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 is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars.
It is further 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 the capitol 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, is 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 orhereafter 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 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 ofKanawha 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 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 promulgated under authority of this section is 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. Magistrates in Kanawha County have jurisdiction of all such offenses.
The commission is authorized to employ such persons as may be necessary to enforce the parking rules 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 may 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 do 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 has 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 the 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 may 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 thirtydays 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 fails to appropriate sufficient funds therefor or otherwise acts 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 or her 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, office or 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 or her 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 rule 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 makepermanent 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 may promulgate such rules 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'smansion, 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, shall 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 of this 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 finance division, 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.