Chapter 5. General Powers And Authority Of The Governor, Secretary Of State And Attorney General; Board Of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, Etc


Published: 2015

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WEST VIRGINIA CODE











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WVC 5-

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

WVC 5 - 6 -

ARTICLE 6. STATE BUILDINGS.







WVC 5 - 6 - 1

§5-6-1. Name of state office building commission changed;

composition; appointment, terms and qualifications of

members; chairman and secretary; compensation and

expenses; powers and duties generally; frequency of

meetings; continuation.

"The state office building commission of West Virginia",

hereto created, shall continue in existence, but on and after the

ninth day of February, one thousand nine hundred sixty-six, shall

be known and designated as "The state building commission of West

Virginia" and shall continue as a body corporate and as an agency

of the state of West Virginia. On and after the date aforesaid,

the commission shall consist of the governor, attorney general,

state treasurer and four additional members to be appointed by the

governor by and with the advice and consent of the Senate. The

terms of office for said members to be appointed by the governor

shall be four years, except that the terms of office of the first

four members so appointed by the governor shall be for one, two,

three and four years, respectively. No more than three of such

members so appointed by the governor shall be members of the same

political party, nor shall any of said members be members or

employees of the executive, legislative or judicial branches of

government of West Virginia or any political subdivision thereof.

The governor shall be chairman of the commission. The secretary of

state shall be a member of the commission and serve as its

secretary, but shall not have the right to vote upon matters before the commission. All members of the commission shall be citizens

and residents of this state. The members of the commission shall

be paid or reimbursed for their necessary expenses incurred under

this article, but shall receive no compensation for their services

as members or officers of the commission: Provided, That each

member of the commission appointed by the governor shall, in

addition to such reimbursement for necessary expenses, receive an

amount not to exceed the same compensation as is paid to members of

the Legislature for their interim duties as recommended by the

citizens legislative compensation commission and authorized by law

for each day or substantial portion thereof that he is engaged in

the work of the commission. Such expenses and per diem shall be

paid solely from funds provided under the authority of this

article, and the commission shall not proceed to exercise or carry

out any authority or power herein given it to bind said commission

beyond the extent to which money has been provided under the

authority of this article. On or before the fifteenth day of each

month, the commission shall prepare and transmit to the president

and minority leader of the Senate and the speaker and the minority

leader of the House of Delegates a report covering the activities

of the said commission for the preceding calendar month.

Pursuant to the provisions of article ten, chapter four of

this code, the state building commission shall continue to exist

until the first day of July, two thousand.







WVC 5-6-2

§5-6-2. Legislative findings; purpose of revision of article.

(a) The Legislature hereby finds that, with the concurrence of

the Legislature, the commission heretofore authorized pursuant to

resolution adopted on the eleventh day of March, one thousand nine

hundred sixty-eight, the issuance of "State Building Revenue Bonds,

Series 1968," in the aggregate principal amount of twenty-four

million two hundred thousand dollars; pursuant to resolution

adopted the fourteenth day of October, one thousand nine hundred

sixty-eight, the issuance of "State Building Revenue Bonds, Public

Safety Series," in the aggregate principal amount of two million

five hundred thousand dollars; and pursuant to resolution adopted

on the thirteenth day of April, one thousand nine hundred seventy,

the issuance of "State Building Revenue Bonds, Science and Cultural

Center Series," in the aggregate principal amount of nine million

dollars.

(b) The Legislature hereby further finds that the said "State

Building Revenue Bonds, Series 1968" were all sold and are now

outstanding in the principal amount of twenty-four million two

hundred thousand dollars; that the said "State Building Revenue

Bonds, Public Safety Series" were all sold and are now outstanding

in the principal amount of two million five hundred thousand

dollars; and that said "State Building Revenue Bonds, Science and

Cultural Center Series," in the principal amount of one million

five hundred thousand dollars were sold and are now outstanding.

(c) The Legislature hereby further finds that the proceeds from the issuance and sale of the aforesaid "State Building Revenue

Bonds, Series 1968," the aforesaid "State Building Revenue Bonds,

Public Safety Series" and the aforesaid "State Building Revenue

Bonds, Science and Cultural Center Series" have been expended or

obligated in and for construction of or in connection with projects

undertaken pursuant to this article, which projects are owned and

held in the name of the state or the commission.

(d) The Legislature hereby further finds that the acquisition

and construction of the aforesaid projects have been in the best

interests of the state by providing additional essential office

space and other related structures which are needed for the use of

the state, and the officers, departments, agencies and public

corporations of the state, and the fulfillment of other public uses

and purposes.

(e) The Legislature further finds and declares that the

supreme court of appeals of West Virginia has held that the former

provisions of this article were unconstitutional to the extent that

the same contemplated that the principal of and the interest on

bonds issued by the commission would be paid solely from a fund to

be created and maintained from general tax revenues of the state.

(f) The Legislature further finds and declares that the

amendments made by this act to this article are intended (1) to

modify the provisions of this article so as to cause the same to be

in full compliance with the provisions of the constitution of the

state of West Virginia, which said court held were violated by the former provisions of this article, and to be in full compliance

with said decision of the supreme court of appeals of West

Virginia, and (2) to accord statutory recognition to existing

rights, legal and equitable, of the holders of bonds heretofore

issued by the commission, afford security for the payment of the

obligations evidenced thereby and provide a special fund for the

payment of the obligations evidenced thereby.







WVC 5-6-3

§5-6-3. Definitions.

The following terms, wherever used or referred to in this

article, shall have the following meanings, unless a different

meaning clearly appears from the context:

(1) "Commission" means the state building commission of West

Virginia or, if said commission shall be abolished, any board or

officer succeeding to the principal functions thereof, or to whom

the powers given to said commission shall be given by law;

(2) "Bonds" means bonds issued by the commission pursuant to

this article;

(3) "Project" means collectively the acquisition of land, the

construction, equipping, maintaining and furnishing of a building

or buildings, together with incidental approaches, structures and

facilities, herein authorized to be constructed;

(4) "Cost of project" includes the cost of construction, the

cost of equipping and furnishing same, the cost of all land,

property, material and labor which are deemed essential thereto,

the cost of improvements, financing charges, interest during

construction, and all other expenses, including legal fees,

trustees', engineers' and architects' fees which are necessarily or

properly incidental to the project;

(5) "General tax revenues of the state" means revenues of the

state derived from the exercise of the power of taxation and

available for appropriation by the Legislature for general public

purposes and shall not include revenues of the state, or of any

officer, department or agency thereof, derived from taxes levied,

collected and dedicated for a special purpose or purposes or derived from sources other than taxes such as profits, fees or

charges; and

(6) "Rent" or "rental" includes all moneys received for the

use of any part of a project either from the state of West Virginia

or any officer, department or public corporation thereof, or from

any instrumentality or political subdivision of the state, or

directly or indirectly, from the United States of America or any

officer, department, agency, instrumentality or public corporation

thereof: Provided, That nothing in this article shall be taken to

authorize the payment by or on behalf of the state of any rent in

excess of the fair rental value of property used by or for such

state officer or department or public corporation in the exercise

of his or its statutory duties.







WVC 5 - 6 - 4

§5-6-4. Powers of commission.

The commission has the power:

(1) To sue and be sued, plead and be impleaded;

(2) To have a seal and alter the same at pleasure;

(3) To contract to acquire and to acquire, in the name of the

commission or of the state, by purchase, lease, lease-purchase or

otherwise, real property or rights or easements necessary or

convenient for its corporate purposes and to exercise the power of

eminent domain to accomplish those purposes;

(4) To acquire, hold and dispose of personal property for its

corporate purposes;

(5) To make bylaws for the management and regulation of its

affairs;

(6) With the consent of the attorney general of the state of

West Virginia, to use the facilities of his or her office,

assistants and employees in all legal matters relating to or

pertaining to the commission;

(7) To appoint officers, agents and employees and fix their

compensation;

(8) To make contracts, and to execute all instruments

necessary or convenient to effectuate the intent of, and to

exercise the powers granted to it by this article;

(9) To renegotiate all contracts entered into by it whenever,

due to a change in situation, it appears to the commission that its

interests will be best served;

(10) To construct a building or buildings on real property,

which it may acquire, or which may be owned by the state of West

Virginia, in the city of Charleston, as convenient as may be to the

capitol building, together with incidental approaches, structures

and facilities, subject to the consent and approval of the city of

Charleston in any case as may be necessary; and, in addition, to

acquire or construct a warehouse, including office space in the

warehouse in Kanawha County for the West Virginia alcohol beverage

control commissioner, and equip and furnish the office space; and

to acquire or construct, through lease, purchase, lease-purchase or

bond financing, hospitals or other facilities, buildings, or

additions or renovations to buildings as may be necessary for the

safety and care of patients, inmates and guests at facilities under

the jurisdiction of and supervision of the division of health and

at institutions under the jurisdiction of the division of

corrections or the regional jail and correctional facilities

authority; and to formulate and program plans for the orderly and

timely capital improvement of all of the hospitals and institutions

and the state capitol buildings; and to construct a building or

buildings in Kanawha County to be used as a general headquarters by

the division of public safety to accommodate that division's

executive staff, clerical offices, technical services, supply

facilities and dormitory accommodations; and to develop, improve

and expand state parks and recreational facilities to be operated

by the division of natural resources; and to establish one or more systems or complexes of buildings and projects under control of the

commission; and, subject to prior agreements with holders of bonds

previously issued, to change the systems, complexes of buildings

and projects from time to time, in order to facilitate the issuance

and sale of bonds of different series on a parity with each other

or having such priorities between series as the commission may

determine; and to acquire by purchase, eminent domain or otherwise

all real property or interests in the real property necessary or

convenient to accomplish the purposes of this subdivision. The

rights and powers set forth in this subdivision shall not be

construed as in derogation of any rights and powers now vested in

the West Virginia alcohol beverage control commissioner, the

department of health and human resources, the division of

corrections or the division of natural resources;

(11) To maintain, construct and operate a project authorized

under this article;

(12) To charge rentals for the use of all or any part of a

project or buildings at any time financed, constructed, acquired or

improved, in whole or in part, with the proceeds of sale of bonds

issued pursuant to this article, subject to and in accordance with

such agreements with bondholders as may be made as provided in this

article: Provided, That on and after the effective date of the

amendments to this section, to charge rentals for the use of all or

any part of a project or buildings at any time financed,

constructed, acquired, maintained or improved, in whole or in part, with the proceeds of sale of bonds issued pursuant to this article,

subject to and in accordance with such agreements with bondholders

as may be made as in this section provided, or with any funds

available to the state building commission, including, but not

limited to, all buildings and property owned by the state of West

Virginia or by the state building commission, but no rentals shall

be charged to the governor, attorney general, secretary of state,

state auditor, state treasurer, the Legislature and the members of

the Legislature, the supreme court of appeals, nor for their

offices, agencies, official functions and duties;

(13) To issue negotiable bonds and to provide for the rights

of the holders of the negotiable bonds;

(14) To accept and expend any gift, grant or contribution of

money to, or for the benefit of, the commission, from the state of

West Virginia or any other source for any or all of the purposes

specified in this article or for any one or more of such purposes

as may be specified in connection with the gift, grant or

contribution;

(15) To enter on any lands and premises for the purpose of

making surveys, soundings and examinations;

(16) To invest in United States government obligations, on a

short-term basis, any surplus funds which the commission may have

on hand pending the completion of any project or projects;

(17) To issue revenue bonds in accordance with the applicable

provisions of this article for the purposes set forth in section eleven-a of this article; and

(18) To do all things necessary or convenient to carry out the

powers given in this article.

(19) The power and authority granted to the state building

commission pursuant to this section and sections seven, eight and

eleven-a of this article to initiate, acquire, construct, finance

or develop projects; to issue revenue bonds; or to exercise the

power of eminent domain with respect to any project, shall

terminate on the effective date of this section: Provided, That

nothing herein shall be construed to affect the validity of any act

of the state building commission prior to the effective date of

this section or to impair the rights of bondholders with respect to

bonds or other evidence of indebtedness issued prior to the

effective date of this section. Following the effective date of

this section, the secretary of administration may exercise any

power expressly granted pursuant to this article with respect to

any project or facility previously constructed or acquired, any

existing contractual obligations, and any outstanding bonded

indebtedness. Refunding bonds for any outstanding bonded

indebtedness are authorized, subject to the provisions of article

two-e, chapter thirteen of this code. The West Virginia economic

development authority provided for in article fifteen, chapter

thirty-one of this code is designated to act as the governing body

whose authorizations and determinations are required for the

purpose of refunding bonds.







WVC 5 - 6 - 4 A

§5-6-4a. Review of real property contracts and agreements; master

plan for office space.

(a) The Secretary of Administration shall provide to the Joint

Committee on Government and Finance a copy of a contract or

agreement for real property exceeding $1 million and a report

setting forth a detailed summary of the terms of the contract or

agreement, including the name of the owner of the property and the

agent involved in the sale, at least thirty days prior to any sale,

exchange, transfer, purchase, lease purchase, lease or rental of

real property, any refundings of lease purchases, leases or rental

agreements, any construction of new buildings and any other

acquisition or lease of buildings, office space or grounds by any

state agency, but excepting the transactions of the Higher

Education Policy Commission, Council for Community and Technical

College Education, state institutions of higher education and the

Division of Highways for state road purposes pursuant to article

two-a, chapter seventeen of this code: Provided, That a contract

or agreement for the lease purchase, lease or rental of real

property by any state agency, where the costs of real property

acquisition and improvements are to be financed, in whole or in

part, with bond proceeds, may contain a preliminary schedule of

rents and leases for purposes of review by the committee.

(b) For renewals of contracts or agreements required to be

reported by this section, the Secretary of Administration shall

provide a report setting forth a detailed summary of the terms of the contract or agreement, including the name of the owner of the

property.

(c) Within thirty days after receipt of the contract,

agreement or report, the committee shall meet and review the

contract, agreement or report.







WVC 5 - 6 - 5

§5-6-5. Deposit and disbursement of funds of commission; security

for deposits; audits.

Except as provided in sections five-a and eleven-a of this

article, all moneys of the commission from whatever source derived

shall be paid to the treasurer of the state of West Virginia who

shall not commingle the moneys, but shall deposit them to a special

revenue fund to be known as the "state building commission fund".

The moneys in the account shall be impressed with and subject to

the lien or liens on the moneys in favor of the bondholders

provided in the proceedings for issuance of bonds pursuant to this

article. The moneys in the account shall be paid out on check of

the treasurer on requisition of the chairman of the commission, or

of such other person as the commission may authorize to make the

requisition. All deposits of the moneys shall, if required by the

treasurer or the commission, be secured by obligations of the

United States, of the state of West Virginia, or of the commission,

of a market value equal at all times to the amount of the deposit,

or letters of credit of the federal land banks, or federal home

loan banks, or other letters of credit approved by the treasurer,

and all banking institutions are authorized to give such security

for the deposits. The legislative auditor and his or her legally

authorized representatives are hereby authorized and empowered from

time to time to examine the accounts and books of the commission,

including its receipts, disbursements, contracts, leases, sinking

funds, investments and any other matters relating to its financial standing.







WVC 5-6-5a

§5-6-5a. Creation of asbestos account; purpose; funding;

disbursements.

(a) There is hereby created in the state treasury a separate

special revenue account, which shall be an interest bearing

account, to be known as the "asbestos account." The special

revenue account shall consist of recoveries from litigation

pertaining to asbestos, appropriations made by the Legislature,

income from the investment of moneys held in the special revenue

account and all other sums available for deposit to the special

revenue account from any source, public or private and no

expenditures for purposes of this section are authorized from

collections except in accordance with the provisions of article

three, chapter twelve of this code and upon fulfillment of the

provisions set forth in article two, chapter five-a of this code.

No expenses incurred under this section shall be a charge against

the general funds of the state.

(b) Moneys in the special revenue account shall be

appropriated to the state building commission and used exclusively,

in accordance with appropriations by the Legislature, to pay costs,

fees and expenses incurred, or to be incurred for the following

purposes: (1) The investigation and pursuit of claims against

manufacturers, suppliers and installers of asbestos or asbestos

containing materials; (2) all services relating to the litigation

involving the state and pertaining to asbestos or asbestos

containing materials; (3) the location, treatment and abatement of asbestos or asbestos containing materials by the state; (4) the

development of implementation, administration and management

manuals pertaining to asbestos or asbestos containing materials and

the treatment and/or abatement of asbestos or asbestos containing

materials; (5) the design, implementation and management of all

state buildings containing asbestos and asbestos containing

materials for the proper treatment and/or abatement of asbestos

conditions as they arise and as are needed; (6) all other related

asbestos activities designed for the location, treatment and

abatement of such asbestos or asbestos containing materials as are

found in state buildings, including buildings under the control of

the university of West Virginia board of trustees or the board of

directors of the state college system, and as determined by the

secretary of the department of administration; and (7) all costs

incurred in the administration of the special revenue account.

(c) Any balance remaining in the special revenue account at

the end of any state fiscal year shall not revert to the general

revenue fund but shall remain in the special revenue account and

shall be used solely in a manner consistent with this section:

Provided, That over the three succeeding fiscal years after the

effective date of this section, any appropriation made to the

special revenue account from general revenue shall be repaid to the

general revenue fund from moneys available in the special revenue

account.

(d) Disbursements from the special revenue account shall be authorized by the secretary of the department of administration or

his designee. Moneys in the special revenue account shall not be

available for the payment of any personal injury claims, workers'

compensation claims or other types of disability claims. Payment

from the special revenue account may be made for any expense

incurred by the attorney general prior to the effective date of

this section, including any expense incurred in prior fiscal years,

if the expense is directly related to the litigation of matters

pertaining to asbestos and asbestos containing materials in which

the state is involved.







WVC 5-6-6

§5-6-6. City of Charleston may dedicate streets, property, etc.,

to commission.

Notwithstanding the provisions of any other law, the council

of the city of Charleston is hereby authorized to dedicate to the

commission for a project any street, real property, easements or

rights in land or any combination of the foregoing owned by such

city.







WVC 5-6-7

§5-6-7. Contracts with commission to be secured by bond;

competitive bids required for certain contracts.

The commission shall construct a project pursuant to a

contract or contracts. Every such contract shall be secured by a

bond meeting the requirements of section thirty-nine, article two,

chapter thirty-eight of this code.

No contract or contracts for the construction, remodeling,

renovation or repair of any building or buildings or any

approaches, structures or facilities incidental thereto, or for the

equipping and furnishing of any building or buildings, when the

anticipated expenditure therefor will exceed the sum of five

thousand dollars, shall be entered into except upon the basis of

competitive sealed bids: Provided, That effective with the

effective date of the amendments to this section, no contract or

contracts for the construction, remodeling, renovation or repair of

any building or buildings or any approaches, structures or

facilities incidental thereto, or for the equipping and furnishing

of any building or buildings, when the anticipated expenditure

therefor will exceed the sum of ten thousand dollars, shall be

entered into except upon the basis of such bids. Such bids shall

be obtained by public notice soliciting such bids published as a

Class II legal advertisement in compliance with the provisions of

article three, chapter fifty-nine of this code, and the publication

area for such publication shall be the county in which any such

contract is to be performed. The publication shall be completed at least fourteen days prior to the final date for the submission of

bids. The commission may in addition to such publication also

solicit sealed bids by sending requests by mail to prospective

bidders. The contract shall be awarded to the lowest responsible

bidder, unless any and all bids are rejected, in which event new

bids shall be sought by again publishing notice as aforesaid. Any

bid, with the name of the bidder, shall be entered on a record and

each record, with the successful bid indicated thereon, shall,

after the award of any contract, be open to public inspection in

the office of the secretary of the commission.







WVC 5-6-8

§5-6-8. Commission empowered to issue state building revenue bonds

after legislative authorization; form and requirements

for bonds; procedure for issuance; temporary bonds;

funds, grants and gifts.

(a) The commission is hereby empowered to raise the cost of a

project, as defined in this article, by the issuance of state

building revenue bonds of the state, the principal of and interest

on which shall be payable solely from the special revenue fund

provided in section five of this article for the payment. Subject

to the proceedings pursuant to which any bonds outstanding were

authorized and issued pursuant to this article, the commission

shall pledge the moneys in the special revenue fund, except that

part of the proceeds of sale of any bonds to be used to pay the

cost of a project and for the payment of the principal of and

interest on bonds issued pursuant to this article. The pledge

shall apply equally and ratably to separate series of bonds or upon

the priorities as the commission shall determine. The bonds shall

be authorized by resolution of the commission. The resolution

shall recite an estimate by the commission of the cost, and shall

provide for the issuance of bonds in an amount sufficient, when

sold as provided in this section, to produce the cost, less the

amount of any funds, grant or grants, gift or gifts, contribution

or contributions received, or in the opinion of the commission

expected to be received, from the United States of America or from

any other source. The acceptance by the commission of any and all funds, grants, gifts and contributions, whether in money or in

land, labor or materials, is hereby expressly authorized. All

bonds shall have and are hereby declared to have all the qualities

of negotiable instruments. The bonds shall bear interest at not

more than twelve percent per annum, payable semiannually, and shall

mature in not more than forty years from their date or dates, and

may be made redeemable at the option of the state, to be exercised

by the commission, at the price and under the terms and conditions,

all as the commission may fix prior to the issuance of the bonds.

The commission shall determine the form of the bonds, including

coupons, if any, to be attached to the bonds to evidence the right

of interest payments. The bonds shall be signed by the chairman

and secretary of the commission, under the great seal of the state,

attested by the secretary of state, and the coupons, if any,

attached to the bonds shall bear the facsimile signature of the

chairman of the commission. In case any of the officers whose

signatures appear on the bonds or coupons issued as authorized by

this section shall cease to be officers before the delivery of the

bonds, the signatures are nevertheless valid and sufficient for all

purposes the same as if they had remained in office until the

delivery. The commission shall fix the denominations of the bonds,

the principal and interest of which shall be payable at the office

of the treasurer of the state of West Virginia, at the capitol of

the state, or, at the option of the holder, at some bank or trust

company within or without the state of West Virginia to be named in the bonds, in such medium as may be determined by the commission.

The bonds and interest on the bonds are exempt from taxation by the

state of West Virginia, or any county or municipality in the state.

The commission may provide for the registration of the bonds in the

name of the owners as to principal alone, and as to both principal

and interest under the terms and conditions as the commission may

determine, and shall sell the bonds in the manner as it may

determine to be for the best interest of the state, taking into

consideration the financial responsibility of the purchaser, and

the terms and conditions of the purchase, and especially the

availability of the proceeds of the bonds when required for payment

of the cost of the project. The sale shall be made at a price not

lower than a price which, computed upon standard tables of bond

values, will show a net return of not more than thirteen percent

per annum to the purchaser upon the amount paid for the bonds. The

proceeds of the bonds shall be used solely for the payment of the

cost of the project for which bonds were issued, and shall be

deposited and checked out as provided by section five of this

article, and under further restrictions, if any, as the commission

may provide. If the proceeds of bonds issued for a project or a

specific group of projects exceeds the cost of the project or

projects, the surplus shall be paid into the fund provided for in

section five of this article for payment of the principal and

interest of the bonds. The fund may be used for the purchase of

any of the outstanding bonds payable from the fund at the market price, but at not exceeding the price, if any, at which the bonds

are in the same year redeemable, and all bonds redeemed or

purchased shall be canceled immediately, and shall not again be

issued. Prior to the preparation of definitive bonds, the

commission may, under like restrictions, issue temporary bonds with

or without coupons, exchangeable for definitive bonds upon the

issuance of the latter. Notwithstanding the provisions of sections

nine and ten, article six, chapter twelve of this code, revenue

bonds issued under the authority granted in this section are

eligible as investments for the workers' compensation fund,

teachers retirement fund, division of public safety, death,

disability and retirement fund, West Virginia public employees

retirement system and as security for the deposit of all public

funds. The revenue bonds may be issued without any other

proceedings or the happening of any other conditions or things

other than those proceedings, conditions and things which are

specified and required by this article, or by the constitution of

the state. For all projects authorized under the provisions of

this article, other than projects to be leased by the commission to

the regional jail and correctional facilities authority or projects

authorized pursuant to section eleven-a of this article, the

aggregate amount of all issues of bonds outstanding at one time

shall not exceed sixty-two million five hundred thousand dollars,

including the renegotiation, reissuance or refinancing of any

bonds, and no project in connection with which bonds are to be issued shall be initiated by the commission unless and until the

Legislature, through enactment of general law, approves the

purpose, the amount of bonds to be issued and the total cost for

the project, construction or acquisition.

For projects which are to be leased by the commission to the

regional jail and correctional facilities authority, legislative

approval pursuant to the provisions of this section shall not be

required if the projects have otherwise been approved by the

Legislature in accordance with the provisions of subsection (m),

section five, article twenty, chapter thirty-one of this code, and

the limitations on the amount of revenue bonds which may be issued

by the commission and the project costs shall be governed by the

terms of any concurrent resolution adopted pursuant to that

subsection.

(b) Notwithstanding anything in this article to the contrary,

the commission is authorized to issue bonds, or otherwise finance

or refinance the following projects, including the costs of

issuance and sale of the bonds or financing, all necessary

financial and legal expenses and creation of debt service reserve

funds, in an amount not to exceed twenty-one million dollars:

(1) Any or all of the state office buildings and adjoining

real property being lease-purchased in Beckley, Charleston,

Clarksburg, Fairmont, Huntington and Parkersburg;

(2) A facility to be obtained or constructed by the commission

and leased to the division of motor vehicles; and

(3) Property and buildings needed for state spending units in

an amount not to exceed three million dollars.

(c) Notwithstanding any other provision of this section, the

commission is authorized to issue bonds for the purposes set forth

in section eleven-a of this article in the aggregate amount of one

hundred million dollars, including the renegotiation, reissuance or

refinancing of any bonds issued for that purpose. If the proceeds

of bonds issued under this subsection exceeds the cost of the

project or projects, the surplus shall be paid into the education,

arts, sciences and tourism fund established in section eleven-a of

this article.

(d) The commission shall acquire the property being

lease-purchased in the city of Charleston, located at 601 Morris

Street, through a loan from the consolidated fund. The loan shall

be under the terms and conditions set forth in section nineteen,

article six, chapter twelve of this code.







WVC 5-6-9

§5-6-9. Trustee for holders of bonds; contents of trust agreement.

The commission may enter into an agreement or agreements with

any trust company, or with any bank having the powers of a trust

company, whether within or outside of the state, as trustee for the

holders of bonds issued hereunder, setting forth therein such

duties of the state and of the commission in respect of the

acquisition, construction, improvement, maintenance, operation,

repair and insurance of the project, the conservation and

application of all moneys, the insurance of moneys on hand or on

deposit, and the rights and remedies of the trustee and the holders

of the bonds, as may be agreed upon with the original purchasers of

such bonds, and including therein provisions restricting the

individual right of action of bondholders as is customary in trust

agreements respecting bonds and debentures of corporations,

protecting and enforcing the rights and remedies of the trustee and

the bondholders, and providing for approval by the original

purchasers of the bonds of the appointment of consulting

architects, and of the security given by those who contract to

construct the building, and by any bank or trust company in which

the proceeds of bonds or rentals shall be deposited, and for

approval by the consulting architects of all contracts for

construction. All expenses incurred in carrying out such agreement

may be treated as a part of the cost of maintenance, operation and

repairs of the project.







WVC 5-6-10

§5-6-10. Trust existing in favor of existing bondholders.

The properties and interests in properties, real, personal and

mixed, tangible and intangible, standing or held in the name of or

for and in behalf of, or for the benefit of, the commission, or the

state of West Virginia to the extent that the properties and

interests in properties were acquired or improved by the

expenditure of the proceeds of bonds previously issued by the

commission, and the moneys, deposits, securities and choses in

action and other rights held in the name of or for and in behalf

of, or for the benefit of, the commission, other than moneys,

deposits, securities, choses in action and other rights, or which

are investments of: (1) Proceeds of bonds previously issued by the

commission held for expenditure for completion of now existing

projects of the commission; or (2) revenues of the commission from

existing projects of the commission which, after provision for

operation and maintenance expenses and coverage requirements not

otherwise provided for, are in excess of sums required to pay the

principal of and interest on the bonds of the commission previously

issued, as and when due and payable; or (3) proceeds of bonds of

the commission issued after the effective date of this section; or

(4) revenues pledged for the repayment of bonds issued pursuant to

section eleven-a of this article; or (5) revenues of the commission

from projects acquired after the effective date of this section or

constructed by the commission, are declared to be subject to and

shall be held by the commission in trust for the satisfaction of

the obligations evidenced by the bonds previously issued by the

commission and the interest coupons on the bonds: Provided, That nothing in this article shall be taken to validate or to attempt to

validate rights under any existing lease or other agreement entered

into under the former provisions of this article between the

commission and the state of West Virginia or any officer,

department or agency of this state to the extent that the lease or

agreement provides for payments from general tax revenues of the

state. Until the satisfaction in full of the obligations evidenced

by bonds previously issued by the commission, the commission shall

hold, manage and operate the trust properties and interests in

properties, moneys, deposits, securities and choses in action and

other rights, separate from all other properties and interests in

properties, moneys, deposits, securities and choses in action and

other rights that may after the effective date of this section be

held and owned by the commission. Upon the satisfaction of all of

the obligations of the commission, all of the trust properties and

interests in properties, moneys, deposits, securities and choses in

action and other rights shall become and be free and clear of the

trust.







WVC 5 - 6 - 11

§5-6-11. Management and control of project.

The secretary of administration shall properly maintain,

repair, operate, manage and control the project, fix the rates of

rental, and establish bylaws and rules and regulations for the use

and operation of the project, and may make and enter into all

contracts or agreements necessary and incidental to the performance

of its duties and the execution of its powers under this article.







WVC 5-6-11A

§5-6-11a. Special power of commission to transfer or expend bond

proceeds for capital improvements at institutions of

higher education, state parks and the capitol complex

and to construct and lease a center for arts and

sciences of West Virginia; limitations; state building

commission authorized to issue revenue bonds; fund

created; use of funds to pay for development of

education, arts, sciences and tourism projects.

(a) The Legislature finds and declares that in order to

attract new business and industry to this state, to retain existing

business and industry providing the citizens of this state with

economic security and to advance the business prosperity and

economic welfare of this state it is necessary to promote adequate

higher education, arts, sciences and tourism facilities, including

infrastructure, for: (1) State-of-the-art educational opportunities

for all citizens of this state; (2) tourism enhancements at state

parks, the capitol complex or other tourism sites throughout the

state; (3) hands-on arts and sciences training for the youth of

West Virginia; and (4) programs using the performing arts as an

educational tool. Therefore, in order to promote education, arts,

sciences and tourism, the Legislature finds that public financial

support should be provided for constructing, equipping, improving

and maintaining capital improvement projects which promote

education, arts, sciences and tourism in this state.

(b) The state building commission shall, by resolution, in

accordance with the provisions of this article, issue revenue bonds of the commission from time to time, to pay for a portion of the

cost of constructing, equipping, improving or maintaining capital

improvement projects under this section or to refund the bonds, at

the discretion of the authority. The principal amount of the bonds

issued under this section shall not exceed, in the aggregate, one

hundred million dollars. Any revenue bonds issued on or after the

first day of January, one thousand nine hundred ninety-six, which

are secured by lottery proceeds shall mature at a time or times not

exceeding twenty-five years from their respective dates. The

principal of, and the interest and redemption premium, if any, on

the bonds shall be payable solely from the special fund provided in

this section for the payment.

(c) There is hereby created in the state treasury a special

revenue fund named the "education, arts, sciences and tourism debt

service fund" into which shall be deposited on and after the first

day of July, one thousand nine hundred ninety-six, the amounts

specified in section eighteen, article twenty-two, chapter

twenty-nine of this code. All amounts deposited in the fund shall

be pledged to the repayment of the principal, interest and

redemption premium, if any, on any revenue bonds or refunding

revenue bonds authorized by this section. The commission may

further provide in the resolution and in the trust agreement for

priorities on the revenues paid into the education, arts, sciences

and tourism debt service fund as may be necessary for the

protection of the prior rights of the holders of bonds issued at different times under the provisions of this section. The bonds

issued pursuant to this section shall be separate from all other

bonds which may be or have been issued from time to time under the

provisions of this article. The education, arts, sciences and

tourism debt service fund shall be pledged solely for the repayment

of bonds issued pursuant to this section. On or prior to the first

day of May of each year, commencing the first day of May, one

thousand nine hundred ninety-six, the commission shall certify to

the state lottery director the principal and interest and coverage

ratio requirements for the following fiscal year on any revenue

bonds or refunding revenue bonds issued pursuant to this section,

and for which moneys deposited in the education, arts, sciences and

tourism debt service fund have been pledged, or will be pledged,

for repayment pursuant to this section.

After the commission has issued bonds authorized by this

section, and after the requirements of all funds have been

satisfied, including coverage and reserve funds established in

connection with the bonds issued pursuant to this section, any

balance remaining in the education, arts, sciences and tourism debt

service fund may be used for the redemption of any of the

outstanding bonds issued under this section which, by their terms,

are then redeemable or for the purchase of the outstanding bonds at

the market price, but not to exceed the price, if any, at which

redeemable, and all bonds redeemed or purchased shall be

immediately canceled and shall not again be issued.

(d) The commission shall expend twenty-five million dollars

of the bond proceeds for certified capital improvement projects at

state institutions of higher education. For the purposes of

certifying the projects which will receive funds from the bond

proceeds, a committee shall be established and comprised of the

governor, or his or her designee, the secretary of the department

of administration, the secretary of the department of education and

the arts, the chancellor of the university of West Virginia board

of trustees and the chancellor of the board of directors of the

state college system. The committee shall meet as often as

necessary and take recommendations from any source whatever

regarding the capital improvement projects at state institutions of

higher education. The committee shall meet within forty-five days

of the effective date of this section. Prior to making its

recommendations, the committee shall conduct at least two public

hearings, one of which must be held outside of Kanawha County.

Notice of the time, place, date and purpose of the hearing shall be

published in at least one newspaper in each of the three

congressional districts at least fourteen days prior to the date of

the public hearing. On or before the fifteenth day of September,

one thousand nine hundred ninety-six, the committee shall certify

to the commission a list of those capital improvement projects at

state institutions of higher education which will receive funds

from the proceeds of bonds issued pursuant to this section. Once

certified, the list may not thereafter be altered or amended other than by legislative enactment.

(e) The commission shall expend up to twenty-six million

dollars from the proceeds of the bonds authorized by this section

to pay a portion of the costs of projects certified under this

subsection for development, maintenance or promotion of arts and

sciences or constructing and equipping a center for arts and

sciences of West Virginia located on a site acquired for that

purpose. Any proceeds expended to pay a portion of project costs

to construct and equip a center for arts and sciences of West

Virginia shall not exceed forty percent of the total cost of the

project and permanent endowments for operation and maintenance, and

bond proceeds shall not be expended until sixty percent of the

total cost has been committed from sources other than bond

proceeds. For the purposes of certifying the projects which will

receive funds from the bond proceeds under this subsection, a

committee shall be established and comprised of the governor, or

his or her designee, the secretary of the department of

administration, the director of the division of natural resources,

the director of the West Virginia development office and a

representative of the capitol building commission, other than the

secretary of the department of administration, who shall be

selected by the capitol building commission. The capitol building

commission shall select its representative within thirty days of

the effective date of this section. The committee shall meet as

often as necessary and take recommendations from any source whatever regarding which projects should be certified. The

committee shall meet within forty-five days of the effective date

of this section. Prior to making its determination, the committee

shall conduct one public hearing on the projects to be certified

under this subsection. Notice of the time, place, date and purpose

of the hearing shall be published in at least one newspaper in each

of the three congressional districts at least fourteen days prior

to the date of the public hearing. The committee shall make its

determination as to whether bond proceeds will be expended for the

purposes set forth in this subsection and the amount to be expended

for each project, on or before the fifteenth day of June, one

thousand nine hundred ninety-six. Thereafter, the decision may not

be altered or amended other than by legislative enactment. The

commission is authorized to acquire by purchase or lease real

property to be used as the site for a center for arts and sciences

of West Virginia; and notwithstanding the provisions of section

seven of this article, enter into a long-term lease agreement with

a nonprofit corporation organized under the laws of this state for

operation and maintenance of the center. The nonprofit corporation

shall, as consideration for any long-term lease agreement, complete

the construction and equipping of the center and demonstrate to the

satisfaction of the commission its financial ability to operate and

maintain the center during the term of the lease agreement. The

nonprofit corporation shall have at least nine members on its board

of directors which are appointed by the governor with the advice and consent of the Senate. Of the nine appointed members, three

shall be selected from each congressional district: Provided, That

none of the appointed members shall be a resident of Kanawha

County. The members appointed by the governor with the advice and

consent of the Senate shall serve on the board for three-year

staggered terms. Of the members first appointed by the governor,

one from each congressional district will serve a three-year term,

one from each congressional district will serve a two-year term and

one from each congressional district shall serve a one-year term.

(f) The commission shall expend the balance of the bond

proceeds for certified projects at state parks, the capitol complex

or other tourism sites. The committee established in subsection

(e) of this section shall certify to the commission on or before

the fifteenth day of September, one thousand nine hundred

ninety-six, a list of those capital improvement projects at state

parks, the capitol complex or other tourism sites which will

receive funds from the proceeds of bonds issued pursuant to this

section. The committee shall meet as often as necessary and take

recommendations from any source whatever regarding the capital

improvement projects at state parks, the capitol complex or other

tourism sites in this state. The committee shall meet within

forty-five days of the effective date of this section. Prior to

making its recommendations, the committee shall conduct at least

two public hearings on the projects to be certified under this

subsection, one of which must be held outside of Kanawha County. Notice of the time, place, date and purpose of the hearing shall be

published in at least one newspaper in each of the three

congressional districts at least fourteen days prior to the date of

the public hearing. Once certified, the list may not thereafter be

altered or amended other than by legislative enactment.







WVC 5 - 6 - 11 B

§5-6-11b. Power of commission to transfer project funds to other

certified projects for state parks.

(a) The state building commission shall transfer unexpended

funds allocated to any certified state park project under

subsection (f), section eleven-a of this article that has been

completed to any other state park project that has been certified

under that subsection where the state park project has not been

completed and the commission determines that the project is

experiencing cost overruns and needs additional funding. Prior to

transferring the funds, in consultation with the division of

natural resources, the commission shall identify all certified

state park projects that will be completed with unexpended funds

allocated to them and, in consultation with the division of natural

resources, shall prioritize the projects that need additional

funding to achieve the best possible allocation of the unexpended

funds.

(b) The provisions of subsection (f), section eleven-a of this

article requiring public hearing do not apply to transfers of funds

under subsection (a) of this section.

(c) The commission shall report all details of any transfer

made pursuant to this section to the joint committee on government

and finance within ten days of the date of the transfer.







WVC 5 - 6 - 11 C

§5-6-11c. Power of the state building commission to transfer

project funds to other projects for state capitol

improvements and renovations.

(a) The state building commission shall transfer unexpended

funds allocated to the capitol complex bus access facility project

certified under subsection (f), section eleven-a of this article to

other projects for state capitol improvements and renovations.

(b) The provisions of subsection (f), section eleven-a of this

article requiring public hearing do not apply to transfers of funds

under subsection (a) of this section.







WVC 5-6-12

§5-6-12. Article not authority to create state debt.

Nothing in this article contained shall be so construed or

interpreted as to authorize or permit the incurring of state debt

of any kind or nature as contemplated by the provisions of the

constitution of the state of West Virginia in relation to state

debt.







WVC 5-6-13

§5-6-13. Compliance with article and state constitution only

restrictions on construction and management of project.

It shall not be necessary to secure from any officer or board

not named in this article any approval or consent, or any

certificate or finding, or to hold an election, or to take any

proceedings whatever, either for the construction of such project,

or the improvement, maintenance, operation or repair thereof, or

for the issuance of bonds hereunder, except such as are prescribed

by this article or are required by the constitution of the state.







WVC 5-6-14

§5-6-14. Article to be liberally construed.

This article, being necessary for the health, welfare and

convenience of the citizens of the state, should be liberally

construed to effectuate the purposes thereof.







WVC 5-6-15

§5-6-15. Severability.

If any provision or any part or clause of any provision of

this article, or the application thereof to any person or

circumstance, is held unconstitutional or invalid, such

unconstitutionality or invalidity shall not affect other

provisions, or other parts or other clauses of any provision, or

applications of this article, and to this end the provisions of

this article are declared to be severable.







WVC 5 - 6 - 16

§5-6-16. Sloped roofs required.

Notwithstanding any other provision of this code to the

contrary, after the first day of June, one thousand nine hundred

ninety-nine, any new building, which includes a roof, designed,

constructed and maintained with public funds of the state, a county

or a municipality shall have a roof of sufficient slope so that

water will not accumulate into a pool on any area of the roof, in

accordance with the current state building code as it relates to

roofs and roof structures.





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

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.