ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 596
(Senators Wells, Minard and Kessler, original sponsors)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT to amend and reenact §5A-10-2 and §5A-10-9 of the Code of
West Virginia, 1931, as amended, all relating to exempting the
Adjutant General and the West Virginia National Guard from
state leasing and accounting requirements.
Be it enacted by the Legislature of West Virginia:
That §5A-10-2 and §5A-10-9 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 10. REAL ESTATE DIVISION.
§5A-10-2. Leases for space to be made in accordance with article;
exceptions.
(a) Notwithstanding any other provision of this code, no
department, agency or institution of state government may lease, or
offer to lease, as lessee, any grounds, buildings, office or other
space except in accordance with the provisions of this article and
article three of this chapter.
(b) The provisions of the article, except as to office space, do not apply to the Division of Highways of the Department of
Transportation.
(c) The provisions of this article do not apply to:
(1) Public lands, rivers and streams acquired, managed or
which title is vested in or transferred to the Division of Natural
Resources of the Department of Commerce, pursuant to section seven,
article one, chapter twenty of this code and section two, article
five of said chapter;
(2) The Higher Education Policy Commission;
(3) The West Virginia Council for Community and Technical
College Education;
(4) The institutional boards of governors in accordance with
the provisions of subsection (v), section four, article five,
chapter eighteen-b of this code;
(5) The real property held by the Department of Agriculture,
including all institutional farms, easements, mineral rights,
appurtenances, farm equipment, agricultural products, inventories,
farm facilities and operating revenue funds for those operations;
(6) The real property held by the West Virginia State
Conservation Committee, including all easements, mineral rights,
appurtenances and operating revenue funds for those operations; or
(7) The Adjutant General's Department and the West Virginia
National Guard, including all real property, acquisitions, leases,
easements, armories, armory projects, appurtenances and operating
revenue funds for those operations.
§5A-10-9. Real property accounting and records.
(a) All real property owned or leased by the state shall be
accounted for by the state spending unit that owns, leases or is in
the possession of the real property.
(b) Each state spending unit shall establish and maintain a
record of each item of real property it owns and/or leases and
annually furnish its records to the Real Estate Division.
(c) The accounting and reporting requirements of this section,
except as to office space, do not apply to:
(1) The Division of Highways of the Department of
Transportation;
(2) Public lands, rivers and streams acquired, managed or
which title is vested in or transferred to the Division of Natural
Resources of the Department of Commerce, pursuant to section seven,
article one, chapter twenty of this code and section two, article
five of said chapter;
(3) The Higher Education Policy Commission;
(4) The West Virginia Council for Community and Technical
College Education;
(5) The institutional boards of governors in accordance with
the provisions of subsection (v), section four, article five,
chapter eighteen-b of this code; or
(6) The Adjutant General's Department and the West Virginia
National Guard.
(d) With regard to public lands that may be by law
specifically allocated to and used by any state agency,
institution, division or department, such agency, institution, division or department shall provide an inventory of such public
land(s) to the Public Land Corporation in accordance with the
provisions of article eleven of this chapter.
(e) The records furnished to the Real Estate Division shall
include the following information, if applicable:
(1) A description of each item of real property including:
(A) A reference to a book, page and/or image number from the
county records in a particular county; or
(B) A legal description;
(2) The date of purchase and the purchase price of the real
property;
(3) The date of lease and the rental costs of the real
property;
(4) The name of the state spending unit holding title to the
real property for the state;
(5) A description of the current uses of the real property and
the projected future use of the real property; and
(6) A description of each building or other improvement
located on the real property.
(f) If the description of real property required under this
section is excessively voluminous, the Real Estate Division may
direct the spending unit in possession of the real property to
furnish the description only in summary form, as agreed to by the
division and the spending unit.