Senate Bill No. 201
(By Senator Bailey)
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[Introduced January 14, 2002; referred to the Committee
on Government Organization; 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
property.
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 may 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.