H. B. 2238
(By Delegates Douglas, Collins, Tucker, Prunty, Claypole,
Stalnaker and Capito)
(Originating in the Committee on Government Organization)
[February 26, 1997]
A BILL to amend and reenact section one, article six, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, continuing the state building
commission until the first day of July, one thousand nine
hundred ninety-nine.
Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter five of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ยง5-6-1. Name of state office building commission changed;
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. On and after the date
aforesaid, the commission shall consist of the governor, attorney
general, state treasurer 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.
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 an
amount not to exceed 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 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 a report
covering the activities of the said commission for the preceding
calendar month.
Pursuant to the provisions of article ten, chapter four of
this code, the Legislature hereby finds and declares that the
state building commission should be continued and reestablished.
Accordingly, notwithstanding the provisions of 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-seven, to allow for completion of a preliminary
performance review by the joint committee on government
operations ninety-nine.
NOTE: The purpose of this bill is to continue the State
Building Commission until July 1, 1999, pursuant to the
provisions of the West Virginia Sunset Law.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
This bill is recommended by the Joint Committee on
Government Operations for passage during the 1997 Regular Session
of the Legislature.