Chapter 4. The Legislature


Published: 2015

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WEST VIRGINIA CODE











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WVC 4-

CHAPTER 4. THE LEGISLATURE.

WVC -7-

ARTICLE 7. LEGISLATIVE BUILDING COMMISSION.







WVC 4-7-1

§4-7-1. 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 legislative 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 state building

commission of West Virginia pursuant to this article.

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

construction, equipping and furnishing of a state legislative

building together with incidental approaches, structures and

facilities to, adjacent or around it.

(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.







WVC 4-7-2

§4-7-2. Legislative building commission created; its composition;

appointment of members; vacancies; election of officers;

compensation and expenses of members.

There is hereby created the legislative building commission of

West Virginia as a body corporate and agency of the state of West

Virginia. The commission shall consist of seven members and shall

be comprised of two persons who have previously served in the

Senate, who shall be appointed by the president of the Senate; two

persons who have previously served in the House of Delegates, who

shall be appointed by the speaker of the House of Delegates; and

three persons who shall be appointed by the governor. No member of

the commission shall otherwise be an officer, employee or member of

the executive, legislative or judicial branches of federal or state

government or any political subdivision thereof. Persons appointed

to the commission shall be residents and citizens of the state.

All appointments made pursuant to the provisions of this article

shall be by and with the advice and consent of the Senate.

All commission members shall be appointed no later than the

first day of July, one thousand nine hundred seventy-two, and they

shall continue to serve until the completion of the duties assigned

to the commission.

Any vacancy occurring in the membership of the commission

shall be filled by appointment in the same manner as provided for

the initial appointments.

The members of the commission annually shall elect from their

number a chairman, vice chairman and secretary. Each commission

member shall be paid compensation of thirty-five dollars for each day or substantial part thereof that he is engaged in the work of

the commission and shall, in addition thereto, be reimbursed for

all reasonable and necessary expenses actually incurred in the

performance of his duties as such commission member.







WVC 4-7-3

§4-7-3. Powers and duties of commission generally.

The commission shall have the following powers and duties:

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

(2) To have a seal.

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

commission or of the state, by purchase, eminent domain, or

otherwise, a suitable site in the city of Charleston, state of West

Virginia, for a state legislative building, related facilities and

grounds, including real property, rights and easements necessary

for this purpose, or to use any suitable site which may be owned by

the state and available and designated for this purpose and to

construct a state legislative building on such site and equip and

furnish said building.

(4) To contract to acquire and to acquire and hold, in the

name of the commission or of the state, services, materials,

furnishings, and equipment required in connection with the

location, design, construction, furnishing and equipping of the

state legislative building.

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

affairs.

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

use the facilities of his office, assistants and employees in all

legal matters relating to or pertaining to the commission; or use

legal services made available by the Legislature and its staff; or

if necessary employ attorneys-at-law.

(7) To employ architects to prepare plans for the state

legislative building, to assist and advise the architects in the

preparation of those plans and to approve on behalf of the state

all plans for the state legislative building.

(8) To make all contracts and execute all instruments

necessary or convenient to effectuate the intent of, and to

exercise the powers granted to it by the provisions of this

article.

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

money or any other thing to, or for the benefit of the commission,

from the state or any other source for the purposes specified in

this article.

(10) To supervise generally the location, construction,

furnishing and equipping of the state legislative building.

(11) To report to the Legislature at each regular session

thereof and at the same time report to the governor concerning the

action taken by the commission during the previous year in carrying

out the provisions of this article and make such special reports as

may be required by the Legislature and governor.







WVC 4-7-4

§4-7-4. Commission granted power of eminent domain.

Whenever the commission finds it necessary to acquire land,

rights-of-way or easements in order to carry out the purposes of

this article, and the commission is unable to purchase the same

from the owners at an agreed price, or is unable to obtain a good

and sufficient title therefor by purchase from the owners, then the

commission may exercise the right of eminent domain and acquire any

such lands, rights-of-way or easements necessary for the aforesaid

purpose by condemnation in the manner prescribed in chapter

fifty-four of this code.







WVC 4-7-5

§4-7-5. Funds and expenditures of commission.

To pay the compensation and expenses incurred by its members,

to build, furnish and equip the state legislative building, and to

carry out the provisions of this article, the commission may expend

any general or special revenues, profits, fees or charges

designated and appropriated by act of the Legislature for such

purposes and proceeds of revenue bonds issued under authority of

the state building commission of West Virginia for such purposes.

Before any such revenue bonds are issued by the state building

commission of West Virginia, the Legislature, by its act, shall

increase the aggregate amount of all issues of bonds outstanding at

one time for all projects authorized under authority of said

commission if such action is necessary to permit issuance of

revenue bonds in the amount required to construct, equip and

furnish the state legislative building. Before any revenue bonds

or other obligations are issued or incurred by the state building

commission of West Virginia for said purpose, the Legislature

shall, by adoption of a concurrent resolution, approve the purpose

and amount of the revenue bonds or obligations. Revenue bonds

issued as herein provided shall be issued in accordance with the

provisions of article six, chapter five of this code.







WVC 4-7-6

§4-7-6. Deposit and disbursement of funds of commission; security

for deposits; audits.

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 said moneys with any other moneys, but shall

deposit them in a separate bank account or accounts. The moneys in

said accounts shall be impressed with and subject to the lien or

liens thereon in favor of the bondholders provided in the

proceedings for issuance of bonds pursuant to this article. The

moneys in said accounts shall be paid out on check of the treasurer

on requisition of the chairman of the commission. All deposits of

such 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, and all banking institutions

are authorized to give such security for such deposits. The state

auditor and his 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 4-7-7

§4-7-7. Contracts for construction of state legislative building,

etc.; to be secured by bond; competitive bids required

for contracts exceeding two thousand dollars; procedure.

The commission shall construct the state legislative building

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 of the building

or any approaches, structures or facilities incidental thereto, or

for the equipping and furnishing of the building, when the

anticipated expenditure therefor will exceed the sum of two

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

competitive sealed 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 Kanawha county. 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.







WVC 4-7-8

§4-7-8. Management and control of state legislative building.

Notwithstanding the provisions of section eleven, article six,

chapter five of this code, the commission shall properly maintain,

repair, manage, operate and control the state legislative building;

promulgate bylaws, rules and regulations, in accordance with the

provisions of chapter twenty-nine-a, for the use and operation of

the building; and may make and enter into all contracts or

agreements necessary and incidental for the performance of its

duties and the execution of its powers under this article, unless

or until another agency, board or commission is designated by law

to perform such duties and assume such responsibilities.







WVC 4-7-9

§4-7-9. 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 4-7-10

§4-7-10. This article, article six, chapter five, and the state

constitution are only restrictions on construction,

etc., of building.

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 a state

legislative building, or the improvement, maintenance, operation or

repair thereof, or for the issuance of bonds hereunder, except such

as are prescribed by this article; article six, chapter five of

this code; or the constitution of the state.







WVC 4-7-11

§4-7-11. 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.





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.