Senate Bill No. 724
(By Senators Wooton, Caldwell, Hunter, Kessler, Minard
Redd, Ross, Rowe, Snyder, Deem and Facemyer)
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[Originating in the Committee on the Judiciary;
reported February 26, 2002.]
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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 regulation of parking on
property owned or leased by the state for the purpose of
providing parking for state office buildings in Charleston.
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:
§5A-4-5. Regulation of parking on state-owned or -leased 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) 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 or -leased grounds upon which state
office building no. 3 is buildings number one (1) through twenty
(20) and the Laidley Field complex are located; and
(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 or leased by the state or any of its agencies and used for parking purposes
in conjunction with the state capitol or any 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) 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 or the Legislature, as the case may be, may cause the
removal, immobilization or other remedy considered necessary, 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) The secretary may employ the persons as may be necessary
to enforce the parking rules promulgated under the provisions of
this section.
(e) 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
parking garage on the state capitol complex.
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(NOTE: The purpose of this bill is to allow the department of
administration to regulate parking on all property owned or leased
by the state for the purpose of providing parking for state office
buildings in Charleston.
Strike-throughs indicate language that would be stricken from
the present law, and under scoring indicates new language that
would be added.)