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Committee Substitute House Bill 4147 History

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HB4147 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 4147

(By Delegates DeLong and Armstead)



(Originating in the Committee on the Judiciary)


[January 25, 2008]


A BILL to amend and reenact §5A-4-5 of the Code of West Virginia, 1931, as amended, relating to legislative parking at the state capitol complex; providing for a joint policy of the Speaker of the House of Delegates and the President of the State Senate on parking; revising parking penalties to incorporate certain rules; allowing the Speaker of the House of Delegates and the President of the State Senate to designate other times and locations for legislative parking; and authorizing the Speaker of the House of Delegates and the President of the State Senate to designate persons for parking enforcement.

Be it enacted by the Legislature of West Virginia:
That §5A-4-5 of the Code of West Virginia, 1931, 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) 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) The secretary shall propose legislative rules pursuant to article three, chapter twenty-nine-a of this code for promulgation respecting relating to parking and to also allocate parking spaces to public officers and employees of the state upon all of the property set forth in subsection (a) (b) of this section: Provided, That notwithstanding this or any other provision of law to the contrary, during sessions of the Legislature, including regular, extended, extraordinary and interim sessions, and any other times designated by the Speaker of the House of Delegates and the President of the Senate, 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 and any other areas designated by subject to rules promulgated jointly a joint policy of by the Speaker of the House of Delegates and the President of the Senate shall be managed and controlled by the Legislature. Any person parking any vehicle contrary to the rules this section or 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 as established by rule of the secretary. In addition, a designee of 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 or the joint policy between the Speaker of the House of Delegates and the President of the Senate. Magistrates in Kanawha County have jurisdiction of all the offenses.
(d) The secretary, the Speaker of the House of Delegates and the President of the Senate may employ the persons as may be necessary to enforce the parking rules promulgated as provided for 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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