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:

§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.