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Introduced Version Senate Bill 302 History

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Senate Bill No. 302

(By Senators Oliverio and Prezioso)

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[Introduced February 19, 2009; referred to the Committee on Government Organization; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §8-16-5 of the Code of West Virginia, 1931, as amended, relating to expanding the power of municipal parking authority officers to ticket for all parking violations.

Be it enacted by the Legislature of West Virginia:

That §8-16-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 16. MUNICIPAL PUBLIC WORKS; REVENUE BOND FINANCING.

PART III. GENERAL POWERS AND AUTHORITY.

§8-16-5. Powers of board.

(a) The board shall have plenary power and authority to take all steps and proceedings and to make and enter into all contracts or agreements necessary, appropriate, useful, convenient or incidental to the performance of its duties and the execution of its powers and authority under this article: Provided, That any contract or agreement relating to the financing or the
construction, reconstruction, establishment, acquisition, improvement, renovation, extension, enlargement, increase, equipment, operation or maintenance of any such works and any trust indenture with respect thereto as hereafter provided for shall be approved by the governing body or bodies.
(b) The board may employ engineers, architects, inspectors, superintendents, managers, collectors, attorneys and such other employees as in its judgment may be necessary in the execution of its powers and duties and may fix their compensation, all of whom shall do such work as the board may direct. All compensation and expenses incurred in carrying out the provisions of this article shall be paid solely from funds provided under the authority of this article and the board shall not exercise or carry out any power or authority herein given it so as to bind said board or any municipality beyond the extent to which money shall have been or may be provided under the authority of this article.

(c) No contract or agreement with any contractor or contractors for labor or materials, or both, exceeding in amount the sum of $10,000 shall be made without advertising for bids, which bids shall be publicly opened and an award made to the lowest responsible bidder, with power and authority in the board to reject any and all bids.

(d) After the construction, reconstruction, establishment, acquisition, renovation or equipment of any such works, the board shall maintain, operate, manage and control the same and may order and complete any improvements, extensions, enlargements, increase
or repair (including replacements) of and to the works that the board may consider expedient, if funds therefor be available, or are made available, as provided in this article, and shall establish rules for the use, maintenance and operation of the works and do all things necessary or expedient for the successful operation thereof, and for stormwater systems and associated stormwater management programs, those activities which include, but are not limited to, stormwater and surface runoff water quality improvement activities necessary to comply with all federal and state requirements. All public ways or public works damaged or destroyed by the board in carrying out its authority under this article shall be restored or repaired by the board and placed in their original condition, as nearly as practicable, if requested so to do by proper authority, out of the funds provided under the authority of this article.
(e) In the case of municipal parking authority boards, any such board shall have the authority to employ parking meter attendants who have the authority to issue citations for municipal parking violations occurring in municipal parking lots, municipal parking buildings and, also, for violations occurring as a result of curbline parking by vehicles within municipal streets. It is to be understood that any such parking meter attendant is not considered as a police officer subject to either the civil service provisions set forth in section one, article fourteen, chapter eight, et seq., of this code or the Policemen's Pension and Relief Fund provisions contained within section one, article twenty-two of
said chapter, et seq.


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(NOTE: The purpose of this bill is to grant parking meter attendants the authority to ticket all parking violations, not just tickets for expired meters.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)


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