Senate Bill No. 121
(By Senator Bailey)
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[Introduced January 10, 2003; 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 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) (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 or -leased grounds upon which state
office buildings number one (1) through twenty (20) and the Laidley
Field complex are located; and
(4) 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.
(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,
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) (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
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.