Senate Bill No. 781
(By Senators Helmick, Sharpe, Chafin, Prezioso, Plymale, Edgell,
Love, Bailey, Bowman, McCabe, Minear, Boley, Facemyer, Yoder,
Guills and Sprouse)
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[Originating in the Committee on Finance;
reported February 24, 2006.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-3-40a; and to
amend and reenact §5A-3-42 of said code, all relating to long-
term leases for wireless communication towers on public lands;
authorizing the Secretary of the Department of Administration
to negotiate and enter into long-term lease agreements;
limiting the duration and conditions of such agreements; and
directing the secretary to promulgate rules.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5A-3-40a; and that
§5A-3-42 of said code be amended and reenacted, all to read as
follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-40a. Long-term leases of public lands for wireless
communication towers.
(a) Notwithstanding any provision of law to the contrary, the secretary shall have sole authority to negotiate and enter into
long-term lease agreements for lease of public lands to be used for
placement of wireless communication towers:
Provided, That such
long-term lease agreements shall not be for periods in excess of
thirty years.
(b) Any long-term lease agreement entered into pursuant to
this section shall contain provisions allowing for the nonexclusive
use of the public lands and allowance for use of the same public
space for additional towers by competing persons or corporations.
(c) The secretary is further authorized to enter into long-
term lease agreements for additional wireless communication towers
by other persons or corporations upon the same public lands in
which there already exists a lease and tower provided for under
this section.
§5A-3-42. Leasing for space rules and regulations.
The secretary shall have the power and authority to promulgate
such rules and regulations as he may deem necessary to carry out
the provisions of sections thirty-eight, thirty-nine, forty
, forty-
a and forty-one of this article.
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(NOTE: The purpose of this bill is to authorize the Secretary
of Administration to enter into long-term lease agreements for
placement of wireless communication towers on public lands and
directing the Secretary of Administration to promulgate rules.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added. §5A-3-40a is new; therefore, underscoring and strike-
throughs have been omitted.)
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