Chapter 5A, Chapter 5A

The administrator shall, with due regard for the functions of the agencies concerned: (a) Establish standards, procedures, and techniques for effective management of records; (b) Make continuing surveys of document operations and recommend improvements in current records manageme…

The administrator shall promulgate such rules and regulations concerning the management and selection and preservation of essential state records as are necessary or proper to effectuate the purpose of this article.

The head of each agency shall: (a) Establish and maintain an active, continuing program for the economical and efficient management of the records of the agency; (b) Designate and notify the administrator of an agency records manager to act as a point of contact between the admin…

(a) There is hereby created the Real Estate Division within the Department of Administration for the purpose of establishing a centralized office to provide leasing, appraisal and other real estate services to the Secretary of the Department of Administration. (b) The division sh…

(a) At least once every four years, the Real Estate Division shall review the inventory of real property for each state spending unit submitted pursuant to this article to verify the accuracy of the inventory records. (b) Based on the review of the inventory of real property, the…

The executive director shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement and enforce the provisions of this article.

(a) All state agencies, except for those listed in §5A-10-2 of this code, intending to lease grounds, buildings, office and other space to nongovernmental entities shall seek the advice and approval of the Real Estate Division to review any lease and ensure the provisions are in …

(a) Notwithstanding any other provision of this code, no department, agency or institution of state government may lease, or offer to lease, as lessee, any grounds, buildings, office or other space except in accordance with the provisions of this article and article three of this…

The Real Estate Division has the following powers and duties: (1) To provide leasing, appraisal and other real estate services to state spending units; (2) To ensure that the purchase of real estate and all contracts for lease are based on established real estate standards and fa…

(a) The Real Estate Division 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 …

(a) The executive director is authorized to lease, in the name of the state, any grounds, buildings, office or other space required by any department, agency, or institution of state government: Provided, That the executive director may expressly delegate, in writing, the authori…

(a) The executive director has sole authority to select and to acquire by contract or lease, in the name of the state, all grounds, buildings, office space or other space, the rental of which is necessarily required by any spending unit, upon a certificate from the chief executiv…

(a) Notwithstanding any provision of law to the contrary, the executive director has sole authority to negotiate and enter into long-term lease agreements for lease of public lands to be used for placement of wireless communication towers: Provided, That such long-term lease agre…

Leases and other instruments for grounds, buildings, office or other space shall be signed by the Executive Director of the Real Estate Division in the name of the state. They shall be approved as to form by the Attorney General. A lease or other instrument for grounds, buildings…

(a) The Executive Director of the Real Estate Division shall inspect as necessary any property which may be under a lease or rental agreement in order to determine whether the property is being kept, preserved, cared for, repaired, maintained, used and operated in accordance with…

(a) All real property owned or leased by the state shall be accounted for by the state spending unit that owns, leases or is in the possession of the real property. (b) Each state spending unit shall establish and maintain a record of each item of real property it owns and/or lea…

(a) The Public Land Corporation, heretofore created and established as a unit of the Division of Natural Resources, and previously continued and established as a unit of the Real Estate Division of the Department of Administration, is hereby eliminated. The property belonging to …

(a) There is hereby continued in the State Treasury a special Public Land Corporation Fund into which shall be paid all proceeds from public land sales, exchanges, rents, royalties, and other payments from mineral leases. The Division of Natural Resources may acquire public lands…

To effectuate the transfer of the public property formerly maintained by the Public Land Corporation to the Division of Natural Resources upon the effective date of this section in the year 2026: (1) All orders, determinations, rules, permits, grants, contracts, certificates, lic…

As used in this article: "Central motor pool" means, under the direction and control of the Secretary of Administration, the group of state vehicles to be shared among spending units; "Centralized accounting system" means the system of record for the maintenance of an accurate in…

(a) Each spending unit that owns or operates a state vehicle, rents vehicles for a state purpose, or reimburses an employee for personal vehicle use, shall annually report the Fleet Management Division, beginning on or before October 31, 2018, and on or before October 31 each yea…

(a) The director shall provide a complaint process for use by the general public to report to the division issues relevant to the operation and maintenance of a state vehicle fleet. Complaints may be received by the division in writing, by telephone, or electronically: Provided, …

(a) The Fleet Management Division shall maintain sufficient records and fleet coordinator reports to produce a State Vehicle Fleet Annual Report, regarding the maintenance and operation of the state vehicle fleet. (b) On or before December 31, 2019 and each December 31 thereafter…

(a) Beginning July 1, 2019, the State Auditor shall conduct spot compliance audits to monitor operator, spending unit, and fleet coordinator records and reports for accuracy and compliance with the record keeping provisions of this article. The State Auditor shall conduct a spot …

(a) This article applies to all spending units of state government relating to the purchase, lease, or use of any state vehicle with the expenditure of public funds, except as otherwise provided by this code. (b) Notwithstanding any exemption given to a spending unit by this code…

(a) The Fleet Management Office, as previously authorized pursuant to §5A-1-2 and §5A-3-52 of this code, is hereby continued in the Department of Administration as the Fleet Management Division for the purpose of maintaining a state vehicle fleet. (b) The Division shall have the …

The special revenue account, known as the “Fleet Management Office Fund”, previously created by §5A-3-52 of this code, shall terminate effective July 1, 2018. On and after July 1, 2018, all funds previously belonging to the Fleet Management Office Fund shall transfer to the speci…

(a) The director shall propose legislative rules as may be necessary to implement this article, in accordance with §29A-3-1 et seq. of this code. Those rules shall include, but not be limited to: (1) Requirements governing the use of state vehicles; (2) Reporting requirements and…

(a) Each operator of a state vehicle, shall maintain the vehicle logs to the level of detail required by the division through legislative rules, and as may be required by the spending unit. (b) Each operator of a state vehicle shall comply with the laws, rules, and policies gover…

(a) Every spending unit shall report all vehicles and equipment requiring a state license plate, including those vehicles with a rating of more than one ton, those requiring a commercial driver’s license to operate, and all-terrain vehicles, as fixed assets in the centralized acc…

(a) Each spending unit shall name a fleet coordinator, who shall be responsible for the management and maintenance of state vehicle information, and for reporting state vehicle utilization reports to the division as required by this article and legislative rules promulgated pursu…

(a) Each spending unit that owns, uses, or maintains a state vehicle shall utilize the vehicle management services provided by the Fleet Management Division for all state vehicles. (b) Spending units may request an exemption from part or all of the services provided by the Fleet …

(a) The Legislature finds and declares that it is in the public interest to create a One-Stop-Shop Permitting Program. This program is designed to enhance public awareness, collaboration, accountability, coordination, transparency, and predictability in the state’s permitting, li…

The words defined in this section have the meanings given them for purposes of this article unless the context clearly requires otherwise. “Permit" means any permit, license, or approval that: (1) Is a prerequisite for performing any construction, economic development, infrastruc…

(a) The secretary shall coordinate and lead the various permitting agencies in the implementation and execution of the One-Stop-Shop Permitting Program. (b) The secretary shall issue program guidance and provide training on the One-Stop-Shop Permitting Program and Permitting Dash…

(a) Every permitting agency shall, on or before July 1, 2025, report to the secretary: (1) a list of each type of permit issued under its authority; (2) an explanation of each step involved in processing a properly completed permit; (3) the average time from receipt of a permit a…

(a) Use of the Permitting Dashboard by a permit-holder or prospective permit-holder is not mandatory for any permit application submitted before July 1, 2027. There shall be no penalty or disadvantage applied to any permit-holder or prospective permit-holder who chooses to bypass…

(a) The secretary is authorized to promulgate legislative rules pursuant to §29A-3-1 et seq. of this code to implement the One-Stop-Shop Permitting Program including to: (1) Establish, in consultation with the relevant agency: (A) Deadlines for making completion determinations an…

This Act shall be known and may be cited as the Firearm Industry Nondiscrimination Act.

For purposes of the Firearm Industry Nondiscrimination Act: (1) "Ammunition" means a loaded cartridge or shot shell, case, primer, projectile, wadding, or propellant powder. (2) "Contract" means a promise or set of promises constituting an agreement between the parties that gives…

(a) The Firearm Industry Nondiscrimination Act shall apply to a contract that: (1) Is between a governmental entity and a financial institution; and (2) Is entered into on or after the effective date of this act. (b) Except as provided in §5A-13-4 of this code, a governmental ent…

The requirements of §5A-13-3 of this code do not apply if a governmental entity contracts with a sole-source provider.

(a) A financial institution that does business or has a contract with this state may not discriminate against a firearm entity or firearm trade association because the firearm entity or firearm trade association supports or is engaged in the lawful commerce of firearms, firearm a…

(a) A person who is injured by a violation of §5A-13-5 of this code may bring a civil action against the financial institution in his or her own name in the circuit court for the county where the alleged violation occurred. If the injured person prevails on his or her claim, then…