ENGROSSED*
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 383
(By Senators Bailey and Bowman)
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[Originating in the Committee on Government Organization;
reported February 13, 2003.]
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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, relating generally to the powers and
duties of the alcohol beverage control commissioner; and
allowing the commissioner, upon approval of the governor and
the board of public works, to sell a warehouse located in
Nitro, Putnam County, and purchase a replacement 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 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;
(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;
(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, in 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;
(5) (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;
(6) (8) Purchase or lease as provided by law all equipment
necessary for the conduct of the department;
(7) (9) Report to the governor each year all information
relative to the operation and functions of the department. The
commissioner shall make such other reports and recommendations as
may be required by the governor;
(8) (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
(9) (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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