H. B. 2339
(By Mr. Speaker, Mr. Kiss, and Delegates
Martin, Varner, Michael, Staton,
Douglas and Trump)
[Introduced January 20, 1999; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section one, article one, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the commissioner
of the West Virginia division of corrections; and
authorizing the commissioner to lease the West Virginia
penitentiary in Moundsville, West Virginia.
Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter twenty-five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-1. Office of commissioner of public institutions
abolished; division and commissioner of corrections established; qualifications, oath and bond.
The office of state commissioner of public institutions is
hereby abolished, and, except as otherwise provided in this chapter, its powers and authority are transferred to the
department division of corrections which is hereby established.
Whenever in this code reference is made to the state commissioner
of public institutions, it shall be construed to mean the
department division of corrections.
The executive and administrative head of the department
division of corrections shall be a commissioner who shall be
appointed, dismissed and paid in accordance with the provisions
of section two-a, article seven, chapter six of this code.
The commissioner shall take and subscribe to the oath
prescribed by the constitution for public officials and shall
execute an official bond in a penalty of fifteen thousand
dollars, conditioned as required by law. Premiums on such the
bond shall be paid from appropriations made for the
commissioner's office. Such The bond shall must be approved as
to form by the attorney general and as to sufficiency by the
governor and, when fully executed and approved, shall be filed in
the office of the secretary of state.
Nothing herein contained shall may be construed so as to
give the commissioner of corrections any authority in the
administration, management or control of mental institutions,
heretofore transferred to the department of mental health by an
act of the Legislature, regular session, one thousand nine
hundred fifty-seven. However, the commissioner of corrections has the authority to lease the West Virginia penitentiary in
Moundsville, West Virginia, for a term of not more than
twenty-five years.
NOTE: This bill authorizes the Commissioner of the West
Virginia Division of Corrections to lease the West Virginia
penitentiary in Moundsville, West Virginia, for term not to
exceed 25 years.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.