H. B. 2268
(By Delegates Flanigan and Caputo)
[Introduced January 15, 1999; referred to the
Committee on Veterans' Affairs then Finance.]
A BILL to amend and reenact section four, article six, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend chapter nine-a of said
code by adding thereto a new article, designated article
two-a, all relating to the establishment of a state
veterans' nursing home; attachment to division of veterans'
affairs; funding; and issuance of bonds.
Be it enacted by the Legislature of West Virginia:
That section four, article six, chapter five of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended; and that chapter nine-a of said code be amended by
adding thereto a new article, designated article two-a, 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.
§5-6-4. Powers of commission.
The commission has the 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, 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 those
purposes;
(4) To acquire, hold and dispose of personal property for
its corporate purposes;
(5) To make bylaws for the management and regulation of its
affairs;
(6) With the consent of the attorney general of the state of
West Virginia, to use the facilities of his or her office,
assistants and employees in all legal matters relating to or
pertaining to the commission;
(7) To appoint 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 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 the consent and approval of
the city of Charleston in any case as may be necessary; and, in
addition, to acquire or construct a warehouse, including office
space in the warehouse, in Kanawha County for the West Virginia
alcohol beverage control commissioner, and equip and furnish the
office space; 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 the 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 natural resources; and to acquire or construct,
through lease, purchase, lease-purchase or bond financing,
buildings, or additions or renovations to buildings as may be
necessary for the establishment of a state veterans' nursing home
under the jurisdiction of the division of veterans' affairs; 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
systems, complexes of buildings and projects 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 in the real property necessary or
convenient to accomplish the purposes of this subdivision. The
rights and powers set forth in this subdivision 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 health and human resources, the division of
corrections or the division of natural resources;
(11) To maintain, construct and operate a project authorized
under this article;
(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 provided in this article: Provided, That on and after the
effective date of the amendments to this section, 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 in this
section 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 rentals shall be charged to the
governor, attorney general, secretary of state, state auditor,
state treasurer, the Legislature and the members of the
Legislature, the supreme court of appeals, nor for their offices,
agencies, official functions and duties;
(13) To issue negotiable bonds and to provide for the rights
of the holders of the negotiable bonds;
(14) 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 the gift, grant
or contribution;
(15) To enter on any lands and premises for the purpose of
making surveys, soundings and examinations;
(16) 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;
(17) To issue revenue bonds in accordance with the
applicable provisions of this article for the purposes set forth
in section eleven-a of this article; and
(18) To do all things necessary or convenient to carry out
the powers given in this article.
CHAPTER 9A. VETERANS' AFFAIRS.
ARTICLE 2A. ESTABLISHMENT OF A STATE VETERANS' HOME.
§9A-2A-1. Purpose.
The Legislature has determined the establishment of a state
veterans' nursing home to be in the best interests of the
veterans of the state and necessary to the well-being of our elderly and disabled veterans. Therefore, it is the purpose of
this article to authorize the establishment of a state veterans'
nursing home, to promote its construction or renovation, and to
assign administrative responsibility for its planning and
operation.
§9A-2A-2. Veterans' nursing home established; attachment to
division of veterans' affairs; rules; funding.
(a) There shall be established and maintained in West
Virginia a state veterans' nursing home to provide long-term care
to veterans who are residents of West Virginia.
(b) The West Virginia state veterans' nursing home shall be
attached to the division of veterans' affairs. The division of
veterans' affairs may propose administrative rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code to operate the home in
compliance with applicable state and federal statutes and rules.
(c) The division of veterans' affairs may seek federal and
private funding for the construction or renovation, and operation
of the state veterans' nursing home.
§9A-2A-3. Authorization to apply for issuance of revenue bonds;
other financial arrangements.
For the purpose of financing the costs of the construction
or renovation of the state veterans' nursing home and all proper
costs necessary or incidental thereto, the division of veterans' affairs is hereby authorized to apply to the state building
commission for the issuance of revenue bonds, and enter into any
leases or other financing agreements with respect to the state
veterans' home which are necessary to provide revenues to
amortize and secure the revenue bonds.
NOTE: The purpose of this bill is to authorize the
establishment of a state veterans' nursing home.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§9A-2A is new; therefore, strike-throughs and underscoring
have been omitted.