Senate Bill No. 383
(By Senators Bailey and Bowman)
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[Introduced January 28, 2003; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact section eleven, article two, chapter
sixty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating generally to powers
of alcohol beverage control commissioner; and allowing
commissioner, with permission of governor, to sell current
warehouse, located in Nitro, Putnam County, and purchase
another warehouse in location to be determined within
discretion of commissioner and permission of governor.
Be it enacted by the Legislature of West Virginia:
That section eleven, article two, chapter sixty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
§ 60-2-11. Powers and duties
The alcohol beverage control commissioner shall have the
following powers and duties and any and all other powers and
duties reasonably necessary and convenient for the purpose of this chapter:
(1) Exercise general supervision of, and make rules and
regulations for, the management of his or her department;
(2) Sign and execute in the name of the commissioner any
contract or agreement authorized by this chapter;
(3) Supervise the fiscal affairs and responsibilities of the
department;
(4) With the approval of the governor, acquire title to and
purchase real estate containing 12.168 acres situate on River
Road in the Hub Industrial Park, Nitro, in Putnam County, West
Virginia, which real estate is improved by block and steel
building containing approximately one hundred fifty thousand
(150,000) square feet, formerly known as the Heck's warehouse,
for a sale price not to exceed two million, two hundred fifty
thousand dollars ($2,250,000.00);
(5) With the approval of the governor, sell real estate, in
part or in whole, containing 12.168 acres situate on River Road
in the Hub Industrial Park, Nitro, in Putnam County, West
Virginia, which real estate contains a warehouse formerly known
as the Heck's warehouse, to any interested person, upon terms the
commissioner believes to be in the best interests of this state;
(6) With the approval of the governor, and upon the sale of
real estate containing 12.168 acres situate on River Road in the
Hub Industrial Park, Nitro, in Putnam County, West Virginia, which real estate contains a warehouse formerly known as the
Heck's warehouse, acquire title to and purchase, with the
proceeds obtained from the sale of the aforementioned warehouse,
in whole or in part, real estate containing a warehouse which, in
the opinion of the commissioner, suitably meets the needs of the
commission;
(7) Keep a complete and accurate record of all proceedings,
record and file all bonds and contracts taken or entered into,
and assume responsibility for the custody and preservation of all
papers and documents pertaining to the commissioner;
(8) Purchase or lease as provided by law all equipment
necessary for the conduct of the department;
(9) Report to the governor each year all information
relative to the operation and functions of the department. The
commissioner shall make such other reports and recommendations as
may be required by the governor;
(10) Exercise any other power that may be necessary or
proper for the orderly conduct of the business and the effective
discharge of the duties of the commissioner; and
(11) Invoke any legal or equitable remedies for the
enforcement of the orders of the commissioner or the provisions
of this chapter.
NOTE: The purpose of this bill is to allow commissioner
discretion, with permission of governor, to sell current warehouse, and purchase, with proceeds of said sale, warehouse in
different location.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.