COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 237
(By Senator Snyder)
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[Originating in the Committee on Education;
reported March 20, 2001.]
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A BILL to amend and reenact section eight, article one, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the historic
preservation section; rules; permits; and establishing that
county general revenue funds are not considered funds of the
state.
Be it enacted by the Legislature of West Virginia:
That section eight, article one, chapter twenty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-8. Historic preservation section; director.
(a) The purposes and duties of the historic preservation
section are to locate, survey, investigate, register, identify,
preserve, protect, restore and recommend to the commissioner for
acquisition historic, architectural, archaeological and cultural
sites, structures and objects worthy of preservation, including
human skeletal remains, graves, grave artifacts and grave markers,
relating to the state of West Virginia and the territory included
therein from the earliest times to the present upon its own
initiative or in cooperation with any private or public society,
organization or agency; to conduct a continuing survey and study
throughout the state to develop a state plan to determine the needs
and priorities for the preservation, restoration or development of
such the sites, structures and objects; to direct, protect,
excavate, preserve, study or develop
such the sites and structures;
to review all undertakings permitted, funded, licensed or otherwise
assisted, in whole or in part, by the state for the purposes of
furthering the duties of the section; to carry out the duties and
responsibilities enumerated in the National Historic Preservation
Act of 1966, as amended, as they pertain to the duties of the
section; to develop and maintain a West Virginia state register of
historic places for use as a planning tool for state and local government; to cooperate with state and federal agencies in
archaeological work; to issue permits for the excavation or removal
of human skeletal remains, grave artifacts and grave markers,
archaeological and prehistoric and historic features under the
provisions of section eight-a of this article; and to perform such
other duties as may be assigned to the section by the commissioner.
(b) With the advice and consent of the archives and history
commission, the commissioner shall appoint a director of the
historic preservation section who shall have: (1) A graduate
degree in one of the social sciences or equivalent training and
experience in the field of historic preservation, archaeology, West
Virginia history or history; and (2) three years' experience in
administration in the field of West Virginia history, history,
historic preservation or archaeology. Notwithstanding these
qualifications, the person serving as the deputy state historic
preservation officer on the date of enactment of this article shall
be eligible for appointment as the director of the historic
preservation section. The director of the historic preservation
section shall serve as the deputy state historic preservation
officer.
(c) With the approval of the commissioner, the director shall
establish professional positions within the section and develop
appropriate organizational structures to carry out the duties of the section. The director shall employ the personnel with
applicable professional qualifications to fill positions within the
organizational structure with the minimum professional
qualifications necessary to carry out the provisions of the
National Historic Preservation Act of 1966, as amended. At the
minimum, the following professions shall be represented within the
section staff: Historian, architectural historian, a structural
historian who specializes in historical preservation, an
archaeologist specializing in historic and prehistoric archaeology,
and such technical and clerical positions as are required.
(d) The director shall promulgate rules with the approval of
the archives and history commission and in accordance with chapter
twenty-nine-a of this code concerning: (1) The professional
policies and functions of the historic preservation section; (2)
the review of and, when required, issuance of permits for all
undertakings permitted, funded, licensed or otherwise assisted, in
whole or in part, by the state as indicated in subsection (a) of
this section, in order to carry out the duties and responsibilities
of the section:
Provided, That solely for the purposes of this
section, funded, in whole or in part, by the State shall not
include funding from any county's general revenue fund regardless
of whether or not state funds are commingled with the county's
general revenue fund; (3) the establishment and maintenance of a West Virginia state register of historic places, including the
criteria for eligibility of buildings, structures, sites, districts
and objects for the state register and procedures for nominations
to the state register and protection of nominated and listed
properties; (4) the review of historic structures in accordance
with compliance alternatives and other provisions in any state fire
regulation, and shall coordinate standards with the appropriate
regulatory officials regarding their application; (5) review of
historic structures in conjunction with existing state or local
building codes and shall coordinate standards with the appropriate
regulatory officials for their application; and (6) such other
rules
and regulations as may be
deemed considered necessary to
effectuate the purposes of this article.
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FINANCE COMMITTEE AMENDMENTS
On page two, section eight, line twenty-six, by striking out
the word "such" and inserting in lieu thereof the word "any";
And,
On page five, section eight, line two, by striking out the
word "such" and inserting in lieu thereof the word "any".
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