Chapter 5A. Department Of Administration


Published: 2015

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WEST VIRGINIA CODE











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WVC 5A-

CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

WVC -4-

ARTICLE 4. GENERAL SERVICES DIVISION.







WVC 5A-4-1

§5A-4-1. General services division; director.

There is hereby created a new general services division of the

department of administration for the purpose of having the care,

custody and control of the capitol buildings. The division shall

be under the supervision of a director.







WVC 5A-4-1a

§5A-4-1a.

Repealed.

Acts, 1990 Reg. Sess., Ch. 2.







WVC 5 A- 4 - 2

§5A-4-2. Care, control and custody of capitol buildings and

grounds.

(a) The director has the full responsibility for the care,

control and custody of the capitol buildings and in this connection

he or she shall:

(1) Furnish janitorial services, which are to be provided by

employees of the Department of Administration for the main capitol

building, including east and west wings, together with all the

departments in the building, or connected with the building,

regardless of the budget or budgets, departmental or otherwise,

from which the janitorial services are paid, and shall furnish

janitorial supplies, light, heat and ventilation for all the rooms

and corridors of the buildings: Provided, That nothing in this

section shall be construed to prohibit contracts for janitorial

services with sheltered workshops. The President of the Senate and

Speaker of the House of Delegates, or their respective designees,

have charge of the halls and committee rooms of their respective

houses and any other quarters at the State Capitol provided for the

use of the Legislature or its staff and shall keep the areas

properly cleaned, warmed and in good order and shall do and perform

any other duties in relation to the areas as either house may require;

(2) Landscape and take care of the lawns and gardens; and

(3) Direct the making of all minor repairs to and alterations

of the capitol buildings and governor's mansion and the grounds of

the buildings and mansion. Major repairs and alterations shall be made under the supervision of the director, subject to the

direction of the secretary.

(b) The offices of the assistants and employees appointed to

perform these duties shall be located where designated by the

secretary, except that they shall not be located in any of the

legislative chambers, offices, rooms or halls. Office hours shall

be arranged so that emergency or telephone service is available at

all times. The hours shall be arranged so that janitorial service

shall not interfere with other employment during regular office hours.

(c) There is created in the State Treasury a special revenue

account to be named the "Capitol Dome and Capitol Improvements

Fund". The fund shall consist of moneys received under section

ten, article twenty-two-a, chapter twenty-nine of this code and

funds from any other source. Moneys in the fund shall be expended

for maintenance and repairs of the capitol dome and other capital

improvements and repairs to state-owned buildings.

(d) There is hereby created in the State Treasury a special

revenue fund to be known as the "Governor's Mansion Fund". The

fund shall operate as a special revenue fund whereby all deposits

and payments thereto do not expire to the General Revenue Fund, but

shall remain in the fund and be available for expenditure in

succeeding fiscal years. This Fund shall consist of moneys

deposited in the fund pursuant to the provisions of section two-a,

article eight, chapter three of this code as well as interest

earned on investments made from moneys deposited in the fund. Moneys from this fund shall be expended by the director for

enhancement of the governor's mansion subject to the direction of

the secretary of administration and the discretion of the Governor:

Provided, That any furniture, fixtures and equipment purchased with

moneys from the Governor's Mansion Fund are property of the State

of West Virginia.







WVC 5A-4-3

§5A-4-3. Security officers; appointment; oath; carrying weapons;

powers and duties generally, etc.

In addition to the other powers given and assigned to the

secretary in this chapter, he is hereby authorized to appoint bona

fide residents of this state to act as security officers upon any

premises owned or leased by the state of West Virginia and under

the jurisdiction of the secretary, subject to the conditions and

restrictions hereinafter imposed. Before entering upon the

performance of his duties as such security officer, each person so

appointed shall qualify therefor in the same manner as is required

of county officers by taking and filing an oath of office as

required by article one, chapter six of this code. No such person

shall have authority to carry a gun or any other dangerous weapon

until he shall have obtained a license therefor in the manner

prescribed by section two, article seven, chapter sixty-one of this

code.

It shall be the duty of any person so appointed and qualified

to preserve law and order on any premises under the jurisdiction of

the secretary to which he may be assigned by the secretary. For

this purpose he shall as to offenses committed on such premises

have and may exercise all the powers and authority and shall be

subject to all the responsibilities of a deputy sheriff of the

county. The assignment of security officers to any premises under

the jurisdiction of the secretary shall not be deemed to supersede

in any way the authority or duty of other peace officers to preserve law and order on such premises.

The secretary may at his pleasure revoke the authority of any

such officer by filing a notice to that effect in the office of the

clerk of each county in which his oath of office was filed, and in

the case of officers licensed to carry a gun or other dangerous

weapon, by notifying the clerk of the circuit court of the county

in which the license therefor was granted.







WVC 5A-4-4

§5A-4-4. Unlawful to kill or molest animals, birds or fowls upon

grounds of capitol; powers and duties of security

officers; penalties.

In addition to the duties of persons appointed and qualified

as security officers pursuant to section three, article four,

chapter five-a of this code, to preserve law and order on any

premises under the jurisdiction of the secretary to which he may be

assigned by the secretary, such security officers shall have

authority and it shall be the duty of such security officers to

enforce the provisions of this section. This authority and duty of

security officers shall not be deemed to supersede in any way the

authority or duty of other peace officers to enforce the provisions

of this section.

It shall be unlawful at any time to kill or molest in any

manner, any animals, birds or fowls on the grounds of the capitol

buildings or governor's mansion, except as may be deemed necessary

by the secretary for the control or extermination of animals, birds

or fowls deemed by him to be pests or a danger to the health and

safety. Any person who kills or molests in any manner, or

knowingly allows a dog or other animal owned by him to kill or

molest in any manner any animals, birds or fowls on the grounds of

the capitol buildings or governor's mansion shall be guilty of a

misdemeanor, and, upon conviction thereof, be fined not less than

fifty dollars nor more than five hundred dollars or, in the

discretion of the court, be imprisoned in the county jail for not more than six months, or both such fine and imprisonment.

It shall be unlawful for any person to knowingly allow a dog

owned by him to be upon the grounds of the capitol buildings or

governor's mansion unless such dog is under control by leash. Any

person who knowingly allows a dog owned by him to be upon the

grounds of the capitol buildings or governor's mansion while not

under control by leash shall be guilty of a misdemeanor, and, upon

conviction thereof, be fined not less than twenty-five nor more

than one hundred dollars.

It shall further be unlawful for any person to knowingly allow

a dog or other animal owned by him or under his control to defecate

upon the grounds of the capitol buildings or governor's mansion.

In the event that a dog or other animal owned by or under the

control of a person defecates upon the grounds of the capitol

buildings or governor's mansion, the person shall remove such

defecation. Any person who knowingly allows a dog or other animal

owned by him or under his control to defecate upon the grounds of

the capitol buildings or governor's mansion and who subsequently

fails to remove said defecation, shall be guilty of a misdemeanor,

and, upon conviction thereof, shall be fined not less than twenty-

five nor more than one hundred dollars.







WVC 5 A- 4 - 5

§5A-4-5. Regulation of parking on state-owned or -leased 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 or -leased grounds upon which state

office buildings number one (1) through twenty (20) and the Laidley

Field complex are located; and

(4) Upon any other property now or hereafter owned or leased

by the state or any of its agencies and used for parking purposes

in conjunction with the State Capitol or any state office

buildings.

(c) The secretary shall propose legislative rules pursuant to article three, chapter twenty-nine-a of this code relating to

parking and to also allocate parking spaces to public officers and

employees of the state upon all of the property set forth in

subsection (b) of this section: Provided, That notwithstanding

this or any other provision of law to the contrary, during sessions

of the Legislature, including regular, extended, extraordinary and

interim sessions, and any other times designated by the Speaker of

the House of Delegates and the President of the Senate, 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, and

any other areas designated by a joint policy of the Speaker of the

House of Delegates and the President of the Senate shall be managed

and controlled by the Legislature. Any person parking any vehicle

contrary to this section or the rules promulgated under authority

of this subsection is subject to a fine as established by rule of

the secretary. In addition, a designee of the secretary or the

Legislature, as the case may be, may cause the removal,

immobilization or other remedy considered necessary, at owner

expense, of any vehicle that is parked in violation of the rules or

the joint policy between the Speaker of the House of Delegates and

the President of the Senate. Magistrates in Kanawha County have

jurisdiction of all the offenses.

(d) The secretary, the Speaker of the House of Delegates and

the President of the Senate may employ persons as may be necessary

to enforce the parking rules as provided for 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.







WVC 5 A- 4 - 5 A

§5A-4-5a. Construction of parking garage for general public;

creation of fund.

(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 exclusively for the general public.

(b) There is created in the state treasury to be administered

by the department of administration a special fund to be named the

"2004 capitol complex parking garage fund" into 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 or adjacent to the state capitol complex.







WVC 5 A- 4 - 6

§5A-4-6. Renovation and improvement of capitol building and

capitol complex.

(a) It is the intent of the Legislature to provide renovation

and improvement of the existing state capitol building and the

capitol complex and to direct the secretary of the department of

administration to plan and make renovations and improvements of the

existing state capitol building and the capitol complex for the

purpose of reversing deterioration to existing facilities, securing

the safety of the general public and state employees, promoting

efficiency of governmental operations and enhancing tourism in the

state.

(b) There is created in the state treasury to be administered

by the department of administration a special fund to be named the

"capitol renovation and improvement fund" into which shall be

deposited funds that are appropriated and funds from other sources

to be used for renovations and improvements of the existing state

capitol building and the capitol complex.







WVC 5A-4-7

§5A-4-7.

Repealed.

Acts, 1990 Reg. Sess., Ch. 2.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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