Senate Bill No. 574
(By Senators Bowman, Bailey, Caldwell, Jenkins, Kessler, Minard,
Rowe, Snyder, White, Boley, Minear and Weeks)
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[Originating in the Committee on Government Organization;
reported February 19, 2004.]
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A BILL to amend and reenact §60-2-11 of the code of West Virginia,
1931, as amended, relating generally to powers and duties of
the alcohol beverage control commissioner; allowing
commissioner to sell liquor warehouse, upon approval of
governor and board of public works, when sale is in best
interest of state; and making technical corrections.
Be it enacted by the Legislature of West Virginia:
That §60-2-11 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§60-2-11. Powers and duties.
The 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 his or her department agency;
(2) Sign and execute in the name of the commissioner any contract or agreement authorized by this chapter;
(3) Supervise the fiscal affairs and responsibilities of the
department agency;
(4) 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, Putnam County, which real estate
is improved by block and steel building containing approximately
one hundred fifty thousand (150,000) square feet, formerly known as
the Heck's warehouse, for a sale price not to exceed two million,
two hundred fifty thousand dollars ($ 2,250,000.00);
(5) With the approval of the governor and the board of public
works, sell, in part or in whole, the real estate containing 12.168
acres and a warehouse situate on River Road in the Hub Industrial
Park, Nitro, Putnam County, for a sale price of at least the
appraised fair market value and upon terms the commissioner
determines to be in the best interest of the state of West
Virginia: Provided, That the commissioner may only sell the
property if it is determined that the soil beneath the warehouse is
contaminated with toxic chemicals;
(6) With the approval of the governor and the board of public
works, and upon the sale of real estate containing 12.168 acres and
a warehouse situate on River Road in the Hub Industrial Park,
Nitro, Putnam County, acquire title to and purchase, upon terms the
commissioner determines to be in the best interest of the state of
West Virginia, real estate containing a replacement warehouse of a
size and in a location that the commissioner determines meets the storage needs of the commission agency;
(7) 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 commissioner;
(8) Purchase or lease as provided by law all equipment
necessary for the conduct of the department agency;
(9) Report to the governor each year all information relative
to the operation and functions of the department agency. The
commissioner shall make such other reports and recommendations as
may be required by the governor;
(10) 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 commissioner; and
(11) Invoke any legal or equitable remedies for the
enforcement of the orders of the commissioner or the provisions of
this chapter.
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(NOTE: The purpose of this bill is to allow the alcohol
beverage control commissioner to sell the liquor warehouse, with
approval of the governor and board of public works, when sale is in
best interest of the State of West Virginia and to replace certain
obsolete terms used in current law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)