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.