ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4147
(By Delegates DeLong and Armstead)
[Passed February 7, 2008; in effect from passage.]
AN ACT 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 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 (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, and
any other areas
designated by a joint policy of 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 this section or the rules promulgated under authority
of this subsection is subject to a fine 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 persons as may be necessary
to enforce the parking rules 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.