CHAPTER 4. THE LEGISLATURE.
ARTICLE 7. LEGISLATIVE BUILDING COMMISSION.
The following terms, wherever used or referred to in this
article, shall have the following meanings, unless a different
meaning clearly appears from the context:
(1) "Commission" means the legislative building commission of
West Virginia or if said commission shall be abolished, any board
or officer succeeding to the principal functions thereof, or to
whom the powers given to said commission shall be given by law.
(2) "Bonds" means bonds issued by the state building
commission of West Virginia pursuant to this article.
(3) "Project" means collectively the acquisition of land, the
construction, equipping and furnishing of a state legislative
building together with incidental approaches, structures and
facilities to, adjacent or around it.
(4) "Cost of project" includes the cost of construction, the
cost of equipping and furnishing same, the cost of all land,
property, material and labor which are deemed essential thereto,
the cost of improvements, financing charges, interest during
construction, and all other expenses, including legal fees,
trustees', engineers' and architects' fees which are necessarily or
properly incidental to the project.
§4-7-2. Legislative building commission created; its composition;
appointment of members; vacancies; election of officers;
compensation and expenses of members.
There is hereby created the legislative building commission of
West Virginia as a body corporate and agency of the state of West
Virginia. The commission shall consist of seven members and shall
be comprised of two persons who have previously served in the
Senate, who shall be appointed by the president of the Senate; two
persons who have previously served in the House of Delegates, who
shall be appointed by the speaker of the House of Delegates; and
three persons who shall be appointed by the governor. No member of
the commission shall otherwise be an officer, employee or member of
the executive, legislative or judicial branches of federal or state
government or any political subdivision thereof. Persons appointed
to the commission shall be residents and citizens of the state.
All appointments made pursuant to the provisions of this article
shall be by and with the advice and consent of the Senate.
All commission members shall be appointed no later than the
first day of July, one thousand nine hundred seventy-two, and they
shall continue to serve until the completion of the duties assigned
to the commission.
Any vacancy occurring in the membership of the commission
shall be filled by appointment in the same manner as provided for
the initial appointments.
The members of the commission annually shall elect from their
number a chairman, vice chairman and secretary. Each commission
member shall be paid compensation of thirty-five dollars for each day or substantial part thereof that he is engaged in the work of
the commission and shall, in addition thereto, be reimbursed for
all reasonable and necessary expenses actually incurred in the
performance of his duties as such commission member.
§4-7-3. Powers and duties of commission generally.
The commission shall have the following powers and duties:
(1) To sue and be sued, plead and be impleaded.
(2) To have a seal.
(3) To contract to acquire and to acquire, in the name of the
commission or of the state, by purchase, eminent domain, or
otherwise, a suitable site in the city of Charleston, state of West
Virginia, for a state legislative building, related facilities and
grounds, including real property, rights and easements necessary
for this purpose, or to use any suitable site which may be owned by
the state and available and designated for this purpose and to
construct a state legislative building on such site and equip and
furnish said building.
(4) To contract to acquire and to acquire and hold, in the
name of the commission or of the state, services, materials,
furnishings, and equipment required in connection with the
location, design, construction, furnishing and equipping of the
state legislative building.
(5) To make bylaws for the management and regulation of its
(6) With the consent of the attorney general of the state, to
use the facilities of his office, assistants and employees in all
legal matters relating to or pertaining to the commission; or use
legal services made available by the Legislature and its staff; or
if necessary employ attorneys-at-law.
(7) To employ architects to prepare plans for the state
legislative building, to assist and advise the architects in the
preparation of those plans and to approve on behalf of the state
all plans for the state legislative building.
(8) To make all contracts and execute all instruments
necessary or convenient to effectuate the intent of, and to
exercise the powers granted to it by the provisions of this
(9) To accept and expend any gift, grant or contribution of
money or any other thing to, or for the benefit of the commission,
from the state or any other source for the purposes specified in
(10) To supervise generally the location, construction,
furnishing and equipping of the state legislative building.
(11) To report to the Legislature at each regular session
thereof and at the same time report to the governor concerning the
action taken by the commission during the previous year in carrying
out the provisions of this article and make such special reports as
may be required by the Legislature and governor.
§4-7-4. Commission granted power of eminent domain.
Whenever the commission finds it necessary to acquire land,
rights-of-way or easements in order to carry out the purposes of
this article, and the commission is unable to purchase the same
from the owners at an agreed price, or is unable to obtain a good
and sufficient title therefor by purchase from the owners, then the
commission may exercise the right of eminent domain and acquire any
such lands, rights-of-way or easements necessary for the aforesaid
purpose by condemnation in the manner prescribed in chapter
fifty-four of this code.
§4-7-5. Funds and expenditures of commission.
To pay the compensation and expenses incurred by its members,
to build, furnish and equip the state legislative building, and to
carry out the provisions of this article, the commission may expend
any general or special revenues, profits, fees or charges
designated and appropriated by act of the Legislature for such
purposes and proceeds of revenue bonds issued under authority of
the state building commission of West Virginia for such purposes.
Before any such revenue bonds are issued by the state building
commission of West Virginia, the Legislature, by its act, shall
increase the aggregate amount of all issues of bonds outstanding at
one time for all projects authorized under authority of said
commission if such action is necessary to permit issuance of
revenue bonds in the amount required to construct, equip and
furnish the state legislative building. Before any revenue bonds
or other obligations are issued or incurred by the state building
commission of West Virginia for said purpose, the Legislature
shall, by adoption of a concurrent resolution, approve the purpose
and amount of the revenue bonds or obligations. Revenue bonds
issued as herein provided shall be issued in accordance with the
provisions of article six, chapter five of this code.
§4-7-6. Deposit and disbursement of funds of commission; security
for deposits; audits.
All moneys of the commission from whatever source derived
shall be paid to the treasurer of the state of West Virginia, who
shall not commingle said moneys with any other moneys, but shall
deposit them in a separate bank account or accounts. The moneys in
said accounts shall be impressed with and subject to the lien or
liens thereon in favor of the bondholders provided in the
proceedings for issuance of bonds pursuant to this article. The
moneys in said accounts shall be paid out on check of the treasurer
on requisition of the chairman of the commission. All deposits of
such moneys shall, if required by the treasurer or the commission,
be secured by obligations of the United States, of the state of
West Virginia, or of the commission, of a market value equal at all
times to the amount of the deposit, and all banking institutions
are authorized to give such security for such deposits. The state
auditor and his legally authorized representatives are hereby
authorized and empowered from time to time to examine the accounts
and books of the commission, including its receipts, disbursements,
contracts, leases, sinking funds, investments and any other matters
relating to its financial standing.
§4-7-7. Contracts for construction of state legislative building,
etc.; to be secured by bond; competitive bids required
for contracts exceeding two thousand dollars; procedure.
The commission shall construct the state legislative building
pursuant to a contract or contracts. Every such contract shall be
secured by a bond meeting the requirements of section thirty-nine,
article two, chapter thirty-eight of this code.
No contract or contracts for the construction of the building
or any approaches, structures or facilities incidental thereto, or
for the equipping and furnishing of the building, when the
anticipated expenditure therefor will exceed the sum of two
thousand dollars, shall be entered into except upon the basis of
competitive sealed bids. Such bids shall be obtained by public
notice soliciting such bids published as a Class II legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area for such
publication shall be Kanawha county. The publication shall be
completed at least fourteen days prior to the final date for the
submission of bids. The commission may in addition to such
publication also solicit sealed bids by sending requests by mail to
prospective bidders. The contract shall be awarded to the lowest
responsible bidder, unless any and all bids are rejected, in which
event new bids shall be sought by again publishing notice as
aforesaid. Any bid, with the name of the bidder, shall be entered
on a record and each record, with the successful bid indicated thereon, shall, after the award of any contract, be open to public
§4-7-8. Management and control of state legislative building.
Notwithstanding the provisions of section eleven, article six,
chapter five of this code, the commission shall properly maintain,
repair, manage, operate and control the state legislative building;
promulgate bylaws, rules and regulations, in accordance with the
provisions of chapter twenty-nine-a, for the use and operation of
the building; and may make and enter into all contracts or
agreements necessary and incidental for the performance of its
duties and the execution of its powers under this article, unless
or until another agency, board or commission is designated by law
to perform such duties and assume such responsibilities.
§4-7-9. Article not authority to create state debt.
Nothing in this article contained shall be so construed or
interpreted as to authorize or permit the incurring of state debt
of any kind or nature as contemplated by the provisions of the
constitution of the state of West Virginia in relation to state
§4-7-10. This article, article six, chapter five, and the state
constitution are only restrictions on construction,
etc., of building.
It shall not be necessary to secure from any officer or board
not named in this article any approval or consent, or any
certificate or finding, or to hold an election, or to take any
proceedings whatever, either for the construction of a state
legislative building, or the improvement, maintenance, operation or
repair thereof, or for the issuance of bonds hereunder, except such
as are prescribed by this article; article six, chapter five of
this code; or the constitution of the state.
If any provision or any part or clause of any provision of
this article, or the application thereof to any person or
circumstance, is held unconstitutional or invalid, such
unconstitutionality or invalidity shall not affect other
provisions, or other parts or other clauses of any provision, or
applications of this article, and to this end the provisions of
this article are declared to be severable.