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Engrossed Version Senate Bill 592 History

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ENGROSSED

Senate Bill No. 592

(By Senators Oliverio, Prezioso, Buckalew,

Helmick, Hunter and McKenzie)

____________

[Introduced February 18, 1998; referred to

the Committee on Education.]

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A BILL to amend and reenact section six, article four, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to giving state institutions of higher education discretion to order a person alleged to have parked or operated a vehicle in violation of the rules and who fails to appear before a designated official within ten days to appear before a magistrate; establishing handicapped parking signs requirements; and increasing the maximum fine for handicap violations.

Be it enacted by the Legislature of West Virginia:
That section six, article four, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. GENERAL ADMINISTRATION.

§18B-4-6. Acquisition, operation and regulation of parking areas and facilities at state institutions of higher education; regulation of parking, speed and flow of traffic on campus roads and driveways; civil and criminal penalties; disposition of revenue.

(a) The governing boards are hereby authorized to construct, maintain and operate automobile parking facilities or areas upon any premises owned or leased at any state institution of higher education under their jurisdiction for use by students, faculty, staff and visitors. The governing boards may charge fees for use of the parking facilities or areas under their control. All moneys collected for the use of the parking facilities or areas shall be paid to the credit of the state institution of higher education at which the fees were charged into a special fund which is hereby created in the state treasury. The moneys in the fund shall be used first to pay the cost of maintaining and operating the parking facilities or areas, but any excess not needed for this purpose may be used for the acquisition of property by lease or purchase and the construction thereon on the property of additional parking facilities or areas. Any money in the fund not needed immediately for the acquisition, construction, maintenance or operation of the parking facilities or areas may be temporarily invested by the governing boards with the state board of investments to the credit of the state institution of higher education at which the fees were charged.
(b) Notwithstanding any other motor vehicle or traffic law or regulation to the contrary, the respective board is governing boards are hereby authorized to regulate and control at any state institution of higher education under their jurisdiction the speed, flow and parking of vehicles on campus roads, driveways and parking facilities or areas. Rules for this purpose shall be promulgated by the governing boards in the manner prescribed in chapter twenty-nine-a of this code and when so promulgated shall have the force and effect of law. In each parking facility or area a summary of the rules governing the use of the facility or area, including, but not limited to, the availability of temporary parking permits and where same the temporary parking permits may be obtained, and of the penalties which may be imposed for violations of the rules and shall be conspicuously posted. Along each campus road and driveway, notice signs pertaining to the speed of vehicles, spaces available for parking, directional flow of traffic and penalties which may be imposed for violations of the rules shall be conspicuously posted. Signs that designate areas as "handicapped parking" or that display the international symbol of access shall also include the maximum amount of the fine for violations thereof.
(c) Any person parking any vehicle or operating any vehicle in violation of the rules shall be issued a citation describing the offense charged and ordering an appearance within ten days, excluding Saturdays, Sundays and holidays observed by the college or university, before a designated official of the state institution of higher education and, if the person cited fails to appear within said ten days, the state institution of higher education may order ordering an appearance before a magistrate located in the county in which the state institution of higher education is located or before the judge of the municipal court, if the state institution of higher education is located within a municipality having such an official.
The designated official of the state institution of higher education shall have exclusive jurisdiction of the offense until the offense is forwarded to the magistrate court. during the ten-day period. Any person so cited may plead no contest to the offense and, by so pleading, shall be subject to a civil penalty to be determined uniformly by the designated official and commensurate with the severity of the parking offense in an amount of not more than ten dollars for each offense as partial reimbursement for the parking offense, except for handicap violations which will be in amount not to exceed the maximum amount set forth in section six, article thirteen, chapter seventeen-c of this code. The penalty for traffic and speeding offenses shall be commensurate with the severity of the offense in an amount of not more than ten dollars for each traffic or speeding offense. These funds shall be used to reimburse to the state institution of higher education for the cost of regulating traffic and parking. Moneys derived from civil penalties imposed herein by this section shall be deposited in the special fund in the state treasury created by this section and credited to the state institution of higher education at which the penalty was paid.
Upon the expiration of the ten days, or Upon a pleading of not guilty before the designated official of the state institution of higher education or upon referral from the state institution of higher education, within the ten days, the magistrate or judge of the municipal court shall have jurisdiction of the offense, and any person cited under the provisions of this section, upon a finding of guilty by the magistrate or municipal judge, shall be subject to a fine of not less than ten dollars nor more than twenty dollars for each offense, the amount to be commensurate with the severity of the offense.
Each designated official of the state institution of higher education presiding over a case under the provisions of this section shall keep or cause to be kept a record of every citation which alleges a violation of such these provisions, or the rules promulgated in accordance therewith, with these provisions, and shall keep a record of every official action in reference thereto to these provisions, including, but not limited to, a record of every plea of no contest, conviction or acquittal of the offense charged and the amount of the fine or of the civil penalty resulting from each citation.
(d) Whenever a vehicle is parked on any state institution of higher education campus road, driveway or parking facility or area in a manner which violates posted rules and substantially impedes the flow of traffic or endangers the health and safety, the institution may, in addition to the issuing of a citation and subsequent procedures set forth herein in this section, remove the vehicle, by towing or otherwise, to an area owned by the institution or areas designated for this purpose. The vehicle, having been towed to the designated area or areas, may be rendered immovable by use of locking wheel blocks or other device not damaging to the vehicle. The state institution of higher education shall maintain any vehicle so towed in the same condition as it was immediately prior to being towed, but shall not be liable for any damage to a vehicle towed to, or kept in, a designated area pursuant to the provisions of this section. The state institution of higher education shall pay for the cost of removing the vehicle and shall have a right to reimbursement from the owner for this cost and for the reasonable cost of keeping the vehicle in the designated area. Until payment of these costs, the state institution of higher education may retain possession of the vehicle, and the institution shall have a lien on the vehicle for the amount due. The state institution of higher education may enforce this lien in the manner provided in section fourteen, article eleven, chapter thirty-eight of this code for the enforcement of other liens.
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