§5-6-4. Powers of commission


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
WEST VIRGINIA CODE











‹ Back



 |   Print







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.





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.