H. B. 2215
(By Delegate Hunt)
[Introduced January 14, 1999; referred to the
Committee on Finance.]
A BILL to amend and reenact section forty, article three, chapter
five-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to limiting the
expansion of the state capitol complex in the east end of
the city of Charleston.
Be it enacted by the Legislature of West Virginia:
That section forty, article three, chapter five-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-40. Selection of grounds, etc.; acquisition by contract
or lease; long-term leases; requiring approval of
secretary for permanent changes.
The secretary shall have sole authority to select and to acquire by contract or lease, in the name of the state, all
grounds, buildings, office space or other space, the rental of
which is necessarily required by any spending unit, upon a
certificate from the chief executive officer or his or her
designee of said spending unit that the grounds, buildings,
office space or other space requested is necessarily required for
the proper function of said spending unit, that the spending unit
will be responsible for all rent and other necessary payments in
connection with the contract or lease and that satisfactory
grounds, buildings, office space or other space is not available
on grounds and in buildings now owned or leased by the state.
The secretary shall, before executing any rental contract or
lease, determine the fair rental value for the rental of the
requested grounds, buildings, office space or other space, in the
condition in which they exist, and shall contract for or lease
said premises at a price not to exceed the fair rental value
thereof.
The secretary is hereby authorized to enter into long-term
agreements for buildings, land 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, except that
the secretary may, in the case of the adjutant general's
department, enter into lease agreements for a term of fifty years
or a specific term of more than fifty years so as to comply with federal regulatory requirements, and shall contain, in substance,
all the following provisions: (1) That the department of
administration, as lessee, shall have the right to cancel the
lease without further obligation on the part of the lessee 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) that 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) that the lease shall be
considered renewed for each ensuing fiscal year during the term
of the lease unless it is canceled by the department of
administration before the end of the then current fiscal year.
A spending unit which is granted any 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 has first determined that the
change is necessary for the proper, efficient and economically
sound operation of the spending unit. 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 grounds, buildings, office space or other space when vacated by the
spending unit.
Effective the thirtieth day of June, one thousand nine
hundred ninety-nine, the secretary may not acquire any grounds,
office space or other space for the expansion of the capitol
complex in what is known as the east end of the city of
Charleston, Kanawha County, West Virginia, or within a radius of
two city blocks of the state capitol complex.
NOTE: The purpose of this bill is to limit the expansion of
the state capitol complex in the east end of Charleston.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.