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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[Originating in the Committee on Finance;
reported March 3, 1998.]
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A BILL 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; and creating special
funds for the construction of a parking garage and
maintenance and repair of the Morris square properties.
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) (a) The secretary
is vested with authority to 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:
(a) (1) The east side of Greenbrier street between Kanawha
boulevard and Washington street, east;
(b) (2) The west side of California avenue between Kanawha
boulevard and Washington street, east;
(c) (3) Upon the state-owned grounds upon which state office
building no. 3 is located;
(d) (4) Upon the state-owned grounds
upon which state office
building no. 4, 112 California avenue, is located;
(e) (5) In the state-owned parking garage at 212 California
avenue and upon the state-owned grounds upon which such parking
garage is located;
(f) (6) Upon the state-owned property at Michigan avenue and
Virginia terrace; and
(g) (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.
(c) The secretary
is authorized to shall propose rules for
promulgation
and regulations respecting parking and to allocate
parking spaces to public officers and employees of the state upon
all of the
aforementioned property
set forth in subsection (a) of
this section of the state:
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,
shall be is subject to
rules
and regulations 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
and regulations promulgated under authority of this
subsection
shall be 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
such
the rules
and regulations. Magistrates in Kanawha County
shall
have jurisdiction of all
such the offenses.
(d) The secretary
is may authorized to employ
such the
persons as may be necessary to enforce the parking rules
and
regulations promulgated under the provisions of this section.
On or before the first day of December, one thousand nine
hundred ninety, the secretary shall perform a study of the
parking requirements at the capitol complex, which study shall
include the need, estimated cost and availability of a suitable
location, for a parking building at the capitol complex.
(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 paragraphs
(d) and (e), 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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