Senate Bill No. 406
(By Senators Bowman and Bailey)
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[Introduced February 4, 2000; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact sections one and three, article six,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, all relating to abolishing the
state building commission and transferring its powers and
responsibilities to the secretary of administration.
Be it enacted by the Legislature of West Virginia:
That sections one and three, article six, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 6. STATE BUILDINGS.
§5-6-1. Secretary of administration substituted for state building
commission.
(a) The state building commission is abolished. All the
duties and responsibilities of the state building
commission are
vested in the secretary of administration. Any time the state
building commission is referred to in this code it is a reference
to the secretary of administration, pursuant to the provisions of
this article.
(b) Nothing in this section affects the validity of any act of
the state building
commission prior to the effective date of the
changes made to this section during the regular session of the
Legislature in two thousand. The rights of the owners of any bonds
or other evidence of indebtedness issued by the state building
commission prior to the changes are not impaired.
(c) The secretary of administration is authorized to exercise
any rights and carry out any obligations with respect to any bonds
or other evidence of indebtedness issued by the state building
commission prior to the effective date of the changes made to this
section during the regular session of the Legislature in two
thousand, including, but not limited to, redemption prior to
maturity or refunding of the bonds or other evidence of
indebtedness. All records, responsibilities, obligations, assets
and property, of whatever kind and character, of the state building commission are transferred to the department of administration.
Title to all real estate held by the state building commission
shall be held by the department of administration. The balance of
any and all funds of the state building commission are transferred
to the department of administration.
(d) The secretary may not exercise any power given him or her
to bind the state 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 secretary 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 secretary under this article for the
preceding calendar month.
§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 secretary of administration;
(2) "Bonds" means bonds issued by the commission pursuant to
this article;
(3) "Project" means collectively the acquisition of land, the
construction, equipping, maintaining and furnishing of a building
or buildings, together with incidental approaches, structures and
facilities, herein authorized in this article to be constructed;
(4) "Cost of project" includes the cost of construction, the
cost of equipping and furnishing same the project, the cost of all
land, property, material and labor which are deemed considered
essential thereto to the project, 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) "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 do not include revenues of the state, or of any
officer, department or agency thereof of the state 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) "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 or public corporation thereof of the
state, 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 of the United States. Provided, That Nothing
in this article shall be taken to authorize authorizes 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 a state officer or
department or public corporation in the exercise of his, her or its
statutory duties.
NOTE: The purpose of this bill is to abolish the State
Building Commission and transfer its powers and responsibilities to
the Secretary of Administration.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§5-6-1 is completely rewritten; therefore, strike-throughs and
underscoring have been omitted.