Senate Bill No. 639
(By Senators Bowman and Foster)
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[Introduced February 20, 2006; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact §4-8-1, §4-8-2, §4-8-3, §4-8-4, §4-8-5
and §4-8-6 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto thirteen new sections,
designated §4-8-7, §4-8-8, §4-8-9, §4-8-10, §4-8-11, §4-8-12,
§4-8-13, §4-8-14, §4-8-15, §4-8-16, §4-8-17, §4-8-18 and
§4-8-19; and to amend and reenact §29-1-5 of said code, all
relating to reorganizing and expanding the purposes of the
Capitol Building Commission.
Be it enacted by the Legislature of West Virginia:
That §4-8-1, §4-8-2, §4-8-3, §4-8-4, §4-8-5 and §4-8-6 of the
Code of West Virginia, 1931, as amended, be amended and reenacted;
that said code be amended by adding thereto thirteen new sections,
designated §4-8-7, §4-8-8, §4-8-9, §4-8-10, §4-8-11, §4-8-12,
§4-8-13, §4-8-14, §4-8-15, §4-8-16, §4-8-17, §4-8-18 and §4-8-19;
and that §29-1-5 of said code be amended and reenacted, all to read
as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 8. CAPITOL BUILDING COMMISSION.
§4-8-1. Creation; composition; qualifications.
There is a Capitol Building Commission, hereinafter referred
to as the commission,
a public body corporate and independent
regulatory agency of the state, which is composed of
five members
six commissioners who are appointed by the Governor, with the
advice and consent of the Senate, plus the Secretary of the
Department of Administration who
shall be is a
nonvoting voting
member.
The Director of the Division of General Services of the
Department of Administration, or his or her designee, the Director
of the Historic Preservation Section of the Division of Culture and
History, or his or her designee, and the Director of the Archives
and History Section of the Division of Culture and History, or his
or her designee, serve as nonvoting members of the commission.
No more than
three members four of the appointed commissioners
may be of the same political party. One
member shall commissioner
is required to be an architect selected from
three persons
recommended licensed by the Board of Architects, one
member shall
commissioner is required to be a registered professional engineer
selected from
three persons
recommended licensed by the Board of
Registration for Professional Engineers, one
member shall be
commissioner is the Commissioner of the Division of Culture and
History
who is chairman of the commission one commissioner is
required to be a historian specializing in the field of historic
preservation or public history, and
two members commissioners shall
be selected from the public at large.
All appointed commissioners are required to have education, or a demonstrated knowledge or
interest, in the fields of history, historic preservation or other
fields directly dealing with the purposes of the commission.
§4-8-2. Terms of members; vacancies; meetings; decisions of
commission.
Members Commissioners shall be appointed for terms of four
years and may be reappointed at the expiration of their terms,
and
shall serve in office until their successors are appointed and have
qualified. In the event of a vacancy, an appointment shall be made
to fill the unexpired term
within sixty days. The commission shall
meet quarterly, unless otherwise ordered by the commission, at
times and places it determines. Meetings may be called by the
chairperson, vice-chairperson, or by any two commissioners, and the
commission has the right to set a regular meeting schedule.
Whenever the approval of the commission is requested, as required
by sections four and five of this article, the commission shall
meet and render its decision, in writing, within ninety days of the
filing with the commission of
such the request.
§4-8-3. Officers; expenses.
The Commissioner of Culture and History is the chairperson of
the Capitol Building Commission. The Capitol Building Commission
shall
organize by electing a chairman annually elect a vice
chairman and a secretary chairperson from among the
voting members
of the commission. The
members of the commission shall Director of
the Archives and History Section of the Division of Culture and
History, or his or her designee, is secretary of the commission. The appointed commissioners serve without compensation.
and All
members and commissioners shall be reimbursed for
such their
necessary travel expenses, subsistence and other reasonable
expenses
as may be actually incurred by them in the performance of
their duties, all to be paid by the Joint Committee on Government
and Finance.
The Division of Culture and History serves as the
staff agency for the Capitol Building Commission.
§4-8-4. Powers and duties generally.
The Capitol Building Commission shall review and approve or
reject all plans recommending substantial physical changes inside
or outside the State Capitol Building or surrounding complex,
including,
but not limited to, the public meeting rooms, hallways
statuary, memorials, landscaping and grounds, which affect the
appearance thereof. The approval of the commission is mandatory
before a contract may be let for work which constitutes a
substantial physical change, or before changes are started if the
work is not done under a contract. As used in this article, the
surrounding complex
shall include includes the Governor's Mansion
and other buildings used by the Governor as part of his
or her
residence, the State Science and Cultural Center, all state office
buildings located in the immediate vicinity of the State Capitol,
and the roadways,
parking lots, statuary, memorials, landscaping
structures and facilities which are incidental to
such the
buildings. As used in this article, substantial physical change
shall include includes, but
not be is not limited to, permanent
physical changes that alter the appearance of the public areas of the Capitol Building and surrounding complex,
The secretary of the
department of administration shall promulgate rules and
regulations, pursuant to the provisions of chapter twenty-nine-a of
this code, which rules and regulations shall be subject to the
approval of the capitol building commission, to implement the
provisions of this article including the erection, demolition and
location of buildings. The Capitol Building Commission, with the
Department of Administration, has control of, and shall regulate,
all signage, seating, painting, murals, statuary, all other
material furnishings that alter the visual appearance of the
Capitol Complex, and all physical aspects of the Capitol Complex.
Notwithstanding the provisions of section two, article four,
chapter five-a of this code, no substantial changes may be made
without the approval of the Capitol Building Commission.
§4-8-5. Contracts and changes requiring commission approval.
No contract or contracts which will result in physical changes
to the Capitol Building or any approaches, structures or facilities
incidental thereto
shall may be let, nor
shall may any physical
changes be made not requiring a contract, until approval of the
commission has been obtained.
The commission shall work with the
Purchasing Division of the Department of Administration to ensure
compliance with the provisions of this section.
§4-8-6. Continuation of commission.
Pursuant to the provisions of article ten of this chapter, the
Capitol Building Commission shall continue to exist until the first
day of July, two thousand
four ten, unless sooner terminated, continued or reestablished.
by act of the Legislature
§4-8-7. Title to Capitol Complex land.
For the purpose of applying for grants to preserve and
maintain the Capitol Complex, the Capitol Building Commission is
vested with the title to all land and buildings constituting the
Capitol Complex, and state land in the immediate vicinity of the
Capitol Complex, and may represent itself as the owner of the land
and buildings when applying for grants, if necessary. The
commission holds title to the land and buildings as trustees for
the citizens of West Virginia. No real estate transactions
affecting the Capitol Complex, including the purchase or sale of
land, may be transacted without the approval of the Capitol
Building Commission. No land constituting the Capitol Complex may
be sold or transferred to any other person, agency or entity
without the express approval of the Governor and the Legislature.
§4-8-8. Authority to act as local historic landmarks commission.
The commission shall act as the Historic Landmarks Commission
for the Capitol Complex, and it has all of the authority of a
municipal or county historic landmarks commission as contained in
chapter eight, article twenty-six-a of this code.
§4-8-9. Promotion of tourism and education of Capitol Complex.
It is the duty of the Capitol Building Commission to work
jointly with the Division of Tourism, the Division of Culture and
History, and any other appropriate agencies, to promote and enhance
tourism at the State Capitol Complex. The Secretary of
Administration has the authority to permit the use of the Capitol Complex grounds for special events, and shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code regarding the use of the
grounds and addressing the safety of participants. The Capitol
Building Commission shall also work with appropriate agencies to
develop a Capitol Complex Education Program for the benefit of the
public school students of the state and the general public. The
education program may include, but is not limited to: Pamphlets,
leaflets, booklets, posters, lectures, pictures, videos, audio
programs, multimedia presentations, and teaching materials.
§4-8-10. Architectural studies.
The Capitol Building Commission may, with the Department of
Administration, enter into contracts to obtain studies necessary to
the Capitol Complex master plan; architectural, structural, and
engineering plans and expertise; restoration plans and expertise;
and artistic and sculpture plans and expertise necessary to the
purposes of the commission.
§4-8-11. Rule-making authority.
The commission may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to fully implement the provisions of
this article.
§4-8-12. General powers and duties.
For the purposes of bringing into effect all of the
provisions, powers, duties and responsibilities of this article,
the Capitol Building Commission has the following powers:
(1) To adopt an official seal, and provide rules for its
custody and use;
(2) To monitor and keep record of all construction, repairs,
renovations, and other similar activities at the Capitol Complex,
for archival and preservation purposes;
(3) To hold official hearings on matters it feels necessary,
and, to compel the attendance of witnesses;
(4) To empower its officers to administer oaths at any and all
of its hearings;
(5) To do any and all acts that a public body corporate may do
in West Virginia; and
(6) To act as necessary for the care and preservation of the
Capitol Complex.
§4-8-13. Duty to seek grant funding.
It is the duty of the Capitol Building Commission, with the
Division of Culture & History, to seek out and apply for all
appropriate grant funding to help provide for the preservation,
restoration, protection and upkeep of the buildings of the Capitol
Complex. The commission shall work with the Division of General
Services of the Department of Administration to fulfill this
requirement. In order to maintain a uniform approach to funding
and preservation concerns, the commission is granted the exclusive
right to apply for grant funding dealing with the physical land and
buildings of the Capitol Complex. Other agencies and organizations
may seek grant funding as long as all applications, materials and
similar materials are approved by the commission, or the commission contracts to another agency or organization for this purpose.
§4-8-14. Capitol Complex physical alterations handbook.
The Capitol Building Commission is authorized, with the
Secretary of the Department of Administration, to set standards for
office decor, painting, carpeting, signage and similar activities
in the buildings of the Capitol Complex. These standards may vary
from building to building as historical, agency or constituent
concerns may necessitate. The commission and the Secretary of the
Department of Administration shall jointly issue a handbook or
handbooks to all state agencies at the complex providing examples
of all of these standards, and agencies operating at the Capitol
Complex are required to abide by these standards. These standards
may be altered by the commission and the Secretary of the
Department of Administration, and a revised handbook or handbooks
shall be issued when necessary, but any office that was in
compliance with previous standards is not required to change any
aspects until new repairs or alterations are warranted.
§4-8-15. Authority over Capitol expenditures.
Any other provisions of this code to the contrary
notwithstanding, no money may be expended from the Capitol Dome and
Capitol Improvements Fund, the Capitol Renovation and Improvement
Fund, the 2004 Capitol Complex Parking Garage Fund or any other
fund designated for physical repairs or alterations at the Capitol
Complex, without the approval of the Capitol Building Commission if
that money is to be spent on a project which requires commission
approval. All other moneys spent from these funds may only be used for the repair and upkeep of the buildings of the Capitol Complex,
and may be authorized by the Secretary of the Department of
Administration. The secretary shall regularly provide financial
reports to the Capitol Building Commission regarding the status of
these funds, and a yearly report shall be included in the
commission?s annual report provided in section eighteen of this
article.
§4-8-16. Annual notification to agencies; agencies required to
comply.
The Capitol Building Commission shall annually notify all
agencies operating at the Capitol Complex, by any means it feels
expedient, of their duty to seek commission approval for all
projects which need to be reviewed by the commission prior to work
commencing. All agencies operating at the Capitol Complex shall
comply with the provisions of this article. If any agency does not
comply with the provisions of this article, the Capitol Building
Commission and the Secretary of the Department of Administration
may recommend to the Governor and the Legislature that the
respective agency?s budget be reduced by an appropriate amount for
the next ensuing fiscal year.
§4-8-17. Power to establish committees.
In order to carry out the provisions and duties of this
article, the Capitol Building Commission may establish standing and
special committees it finds appropriate to fulfill its powers and
duties. The commission shall promulgate procedural rules regarding
its committee structure. The commission is further authorized to appoint nonmembers of the commission to serve on any of its
committees, provided that a nonmember may not chair a committee of
the commission and that the commission has full authority to
regulate its committees as it sees fit.
§4-8-18. Report to Governor and Legislature.
The Capitol Building Commission shall make a report to the
Governor, and the Legislature, concerning its actions, rulings, and
similar activities on or before the first day of January of each
year.
§4-8-19. Short title.
This article may be known and cited as the "Capitol Building
Commission Act of 2006."
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§29-1-5. Archives and History Commission.
The Archives and History Commission
which is hereby created
shall be is composed of thirteen appointed members,
two three ex
officio voting members and six ex officio nonvoting members as
provided in this section.
The Governor shall nominate, and by and with the advice and
consent of the Senate, appoint the members of the commission for
staggered terms of three years. A person appointed to fill a
vacancy
shall may be appointed only for the remainder of that term.
No more than seven of the appointed members may be of the same
political party. Members of the commission
should shall be appointed so as to fairly represent both sexes, the ethnic and
cultural diversity of the state and the geographic regions of the
state. The Archives and History Commission shall contain the
required professional representation necessary to carry out the
provisions of the National Historic Preservation Act of 1966, as
amended, and
shall serve serves as the "state review board" and
shall follow all rules
and regulations as specified therein. This
representation shall include the following professions: Historian,
architectural historian, historical architect, archaeologist
specializing in historic and prehistoric archaeology, archivist,
librarian and museum specialist.
The commission shall elect one of its members chair. It shall
meet at
such time as shall be times specified by the chair. Notice
of each meeting shall be given to each member by the chair in
compliance with the open meetings law. A majority of the voting
members
shall constitute is a quorum for the transaction of
business.
In addition to the thirteen appointed members, the President
of the State Historical Society,
and the President of the State
Historical Association
shall and a representative of the Capitol
Building Commission, annually appointed by the Capitol Building
Commission serve as ex officio voting members of the Archives and
History Commission. The Director of the State Geological and
Economic Survey, the President of the West Virginia Preservation
Alliance, Inc, and the State Historic Preservation Officer
shall
serve as ex officio nonvoting members of the Archives and History Commission.
The Directors of the Archives and History Section, the
Historic Preservation Section and the Museums Section
shall be are
ex officio nonvoting members of the commission. The Director of
the Archives and History Section,
shall serve or his or her
designee, serves as secretary of the commission. The secretary, or
a majority of the members, may also call a meeting upon
such the
notice
as provided in this section.
Each member or ex officio member of the commission
shall serve
serves without compensation, but shall be reimbursed for all
reasonable and necessary expenses actually incurred in the
performance of the duties of the commission; except that in the
event the expenses are paid, or are to be paid, by a third party,
the member or ex officio member, as the case may be,
shall may not
be reimbursed by the state.
The commission
shall have has the following powers:
(a) To advise the commissioner and the Directors of the
Archives and History Section, the Historic Preservation Section and
the Museums Section concerning the accomplishment of the purposes
of those sections and to establish a state plan with respect
thereto;
(b) To approve and distribute grants-in-aid and awards from
federal and state funds relating to the purposes of the Archives
and History Section, the Historic Preservation Section and the
Museums Section;
(c) To request, accept or expend federal funds to accomplish the purposes of the Archives and History Section, the Historic
Preservation Section and the Museums Section when federal law or
regulations would prohibit the same by the commissioner or section
director, but would permit the same to be done by the Archives and
History Commission;
(d) To otherwise encourage and promote the purposes of the
Archives and History Section, the Historic Preservation Section and
the Museums Section;
(e) To approve rules
and regulations concerning the
professional policies and functions of the Archives and History
Section, the Historic Preservation Section and the Museums Section
as promulgated by the directors of those sections;
(f) To advise and consent to the appointment of the section
directors by the commissioner; and
(g) To review and approve nominations to the State and
National Registers of Historic Places.
NOTE: The purpose of this bill is to reorganize and expand
the purposes of the Capitol Building Commission.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§4-8-7, §4-8-8, §4-8-9, §4-8-10, §4-8-11, §4-8-12, §4-8-13,
§4-8-14, §4-8-15, §4-8-16, §4-8-17, §4-8-18 and §4-8-19 are new;
therefore, strike-throughs and underscoring have been omitted.