ENGROSSED
H. B. 2221
(By Delegate Kiss, Browning, Leach, Gallagher, Farris, Compton
and Tomblin)
(Originating in the House Committee on Finance)
[January 23, 1995]
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, authorizing the alcohol
beverage control commission to purchase specified property
for a warehouse.
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:
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§60-2-11. Powers and duties.
The state liquor commission 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 its his or her department;
(2) Sign and execute in the name of the commission commissioner any contract or agreement authorized by this chapter;
(3) Supervise the fiscal affairs and responsibilities of the
department;
(4) Obtain by lease or agreement, after receiving competitive
bids, lands and buildings required for the purposes of this
chapter. All such leases and agreements shall contain a condition
whereby such leases or agreements shall terminate and all liability
to the commission thereunder shall cease and determine, should the
sale of alcoholic liquors be prohibited under the provisions of
article five of this chapter. Nothing herein contained shall
empower the commission to acquire title to any real estate, except
that, with the approval of the governor, the commission may
purchase real estate for the purpose of one warehouse to be
centrally located and pay therefor not to exceed sixty-seven
thousand five hundred dollars 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 and fifty
thousand (150,000) square feet, formerly known as the Heck's
warehouse, for a sale price not to exceed two million, two hundred
and fifty thousand dollars ($2,250,000.00).
(5) 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 commission commissioner;
(6) Purchase or lease as provided by law all equipment
necessary for the conduct of the department;
(7) Report to the governor each year all information relative
to the operation and functions of the department. They The
commissioner shall make such other reports and recommendations as
may be required by the governor;
(8) 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 commission commissioner; and
(9) Invoke any legal or equitable remedies for the enforcement
of the orders of the commission commissioner or the provisions of
this chapter.
(10) All writings required to be executed on behalf of the
commission shall be signed by the chairman and attested by the
secretary, except that in the absence of the chairman such writing
may be executed by the other two members.