Senate Bill No. 399
(By Senator Bailey)
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[Introduced March 6, 2001; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section five, article four, chapter
five-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to authorizing the secretary
of administration to request the assistance of the division of
protective services with respect to enforcement of parking on
and around the state capitol.
Be it enacted by the Legislature of West Virginia:
That section five, article four, 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 4. GENERAL SERVICES DIVISION.
§5A-4-5. Regulation of parking on state-owned property in
Charleston; construction of parking garage for general public; penalties; jurisdiction; creation of
funds.
(a) It is the intent of the Legislature to provide a parking
facility for the general public and to direct the secretary of the
department of administration to plan and construct a parking garage
at the state capitol complex that will provide sufficient and
additional parking for the general public.
(b) (a) The secretary may regulate the parking of motor
vehicles in accordance with the provisions of this section with
regard to the following state-owned property in the city of
Charleston, Kanawha County:
(1) The east side of Greenbrier Street between Kanawha
Boulevard and Washington Street, East;
(2) The west side of California Avenue between Kanawha
Boulevard and Washington Street, East;
(3) Upon the state-owned grounds upon which state office
building no. 3 is located;
(4) Upon the state-owned grounds which state office building
no. 4, 112 California Avenue, is located;
(5) In the state-owned parking garage at 212 California Avenue
and upon the state-owned grounds upon which such parking garage is
located;
(6) Upon the state-owned property at Michigan Avenue and
Virginia Terrace; and
(7) Upon any other property now or hereafter owned by the
state and used for parking purposes in conjunction with the state
capitol or state office buildings numbers three and four, including
the Laidley field complex. Provided, That the secretary shall
present to the joint committee on government and finance for its
suggestions, on or before the first day of July, one thousand nine
hundred ninety-eight, plans for the construction of a state capitol
parking garage to be constructed, on property owned by the state or
to be purchased by the state, no later than the thirtieth day of
June, one thousand nine hundred ninety-nine. The submitted plans
shall include proposals for general public parking, including the
estimated use and cost; relocation of parking for official state
vehicles; and state employee parking, including the estimated use
and cost
(c) (b) The secretary shall propose rules for promulgation
respecting parking and to allocate parking spaces to public
officers and employees of the state upon all of the property set
forth in subsection (a) of this section: Provided, That during
sessions of the Legislature, including regular, extended, extraordinary and interim sessions, parking on the east side of
Greenbrier Street between Kanawha Boulevard and Washington Street,
East, in the science and culture center parking lot, on the north
side of Kanawha Boulevard between Greenbrier Street and California
Avenue, and on the west side of California Avenue between Kanawha
Boulevard and Washington Street, East, is subject to rules
promulgated jointly by the speaker of the House of Delegates and
the president of the Senate. Any person parking any vehicle
contrary to the rules promulgated under authority of this
subsection is subject to a fine of not less than one dollar nor
more than twenty-five dollars for each offense. In addition, the
secretary, the director of the division of protective services or
the Legislature, as the case may be, may cause the removal at owner
expense of any vehicle that is parked in violation of the rules.
Magistrates in Kanawha County have jurisdiction of all the
offenses.
(d) (c) The secretary employ the persons as may be necessary
to enforce the parking rules promulgated under the provisions of
this section
. The secretary may authorize the director of the
division of protective services to assist him or her in enforcing
the parking rules promulgated under the provisions of this section
.
(e) (d) There is created in the department of administration
a special fund to be named the "Parking Garage Fund" in which shall
be deposited funds that are appropriated and funds from other
sources to be used for the construction and maintenance of a the
parking garage on the state capitol complex.
NOTE: The Purpose of this Bill is to allow the Secretary of
Administration to request the Division of Protective Services to
assist in parking enforcement in and around the State Capitol.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.