ENROLLED
Senate Bill No. 760
(By Senators Craigo, Anderson, Bailey, Chafin, Helmick,
Jackson, Love, Macnaughtan, Plymale, Prezioso, Sharpe,
Walker, Boley, Dugan, McKenzie, Minear and Sprouse)
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[Passed March 13, 1998; in effect from passage.]
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AN ACT to amend and reenact section five, article four, chapter
five-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the department
of administration; general services division; regulation of
parking on state-owned property; requiring the construction
of a state capitol parking garage; creating special funds
for the construction of a parking garage and maintenance and
repair of the Morris square properties; and authorizing the
relocation of the land division of the auditor's office.
Be it enacted by the Legislature of West Virginia:
That section five, article four, chapter five-a 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 SERVICES DIVISION.
§5A-4-5. Regulation of parking on state-owned 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 grounds upon which state office
building no. 3 is located;
(4) Upon the state-owned grounds which state office building
no. 4, 112 California avenue, is located;
(5) In the state-owned parking garage at 212 California
avenue and upon the state-owned grounds upon which such parking
garage is located;
(6) Upon the state-owned property at Michigan avenue and
Virginia terrace; and
(7) Upon any other property now or hereafter owned by the
state and used for parking purposes in conjunction with the state
capitol or state office buildings numbers three and four,
including the Laidley field complex:
Provided, That the
secretary shall present to the joint committee on government and
finance for its suggestions, on or before the first day of July,
one thousand nine hundred ninety-eight, plans for the
construction of a state capitol parking garage to be constructed,
on property owned by the state or to be purchased by the state,
no later than the thirtieth day of June, one thousand nine
hundred ninety-nine. The submitted plans shall include proposals
for general public parking, including the estimated use and cost;
relocation of parking for official state vehicles; and state
employee parking, including the estimated use and cost.
(c) The secretary shall propose rules for promulgation
respecting parking and to allocate parking spaces to public
officers and employees of the state upon all of the property set
forth in subsection (a) of this section:
Provided, That during
sessions of the Legislature, including regular, extended,
extraordinary and interim sessions, 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 subject
to rules promulgated jointly by the speaker of the House of
Delegates and the president of the Senate. Any person parking
any vehicle contrary to 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. In addition,
the secretary or the Legislature, as the case may be, may cause
the removal at owner expense of any vehicle that is parked in
violation of the rules. Magistrates in Kanawha County have
jurisdiction of all the offenses.
(d) The secretary may employ the persons as may be necessary
to enforce the parking rules promulgated 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.
(f) There is created in the department of administration a
special fund to be named the "Morris Square Repair Fund" in which
shall be deposited funds that are appropriated and funds from
other sources to be used for maintenance and repairs to the
Morris square properties.
(g) The secretary shall include within the planning for the buildings to be constructed or remodeled pursuant to subsections
(e) and (f) of this section, the location of the land division of
the auditor's office. The secretary shall consult with the
auditor in planning the relocation of the land division of the
auditor's office.
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