H. B. 2622
(By Delegates Susman, Martin. R. Thompson and Houston)
[Introduced
February 23, 2005
; referred to the
Committee on Government Organization then the Judiciary .]
A BILL to amend and reenact §4-8-1, §4-8-4 and §4-8-5 of the Code
of West Virginia, 1931, as amended, all relating to adding the
State Americans with Disabilities Act coordinator as a member
of the Capitol Building Commission; prohibiting any
substantial physical changes to the buildings and grounds of
the State Capitol without the approval of the Commission;
requiring compliance with the Americans with Disabilities
Act; and giving the Commission the authority to hire
employees, enter into contracts for studies and levy fines for
violations.
Be it enacted by the Legislature of West Virginia:
That §4-8-1, §4-8-4 and §4-8-5 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 8. CAPITOL BUILDING COMMISSION.
§4-8-1. Creation; composition; qualifications.
There is a Capitol Building Commission, hereinafter referred
to as the Commission, which is composed of
five six members 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 a nonvoting member. No more than three members may be of
the same political party. One member shall be an architect
selected from three persons recommended by the Board of Architects,
one member shall be a registered professional engineer selected
from three persons recommended by the Board of Engineers, one
member shall be the Commissioner of the Division of Culture and
History, who is chairman of the Commission,
one member shall be the
Americans with Disabilities Act coordinator for the state as
appointed by the Governor: Provided, That if the Governor does not
appoint an Americans with Disabilities Act coordinator, then he or
she shall appoint a person with a qualifying disability under that
act selected from three persons recommended by Mountain State
Centers for Independent Living and two members shall be selected
from the public-at-large.
§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 the public meeting rooms, hallways and grounds, which
affect the appearance
and accessibility 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.
Before the
Commission may approve a substantial physical change, it shall
cause an Americans with Disabilities Act assessment to be conducted
to ensure that the change will comply with the act. As used in
this article, the surrounding complex shall include 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, structures and facilities which are
incidental to such buildings. As used in this article, substantial
physical change shall include, but not be 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 which comply with the Americans with Disabilities Act
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.
The Commission may employ such personnel, enter into contracts
to obtain studies and conduct all business as may be necessary to
carry out its responsibilities under this article.
§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 be let, nor shall any physical changes be
made
by any elected official, administrator or employee of this
state not requiring a contract, until approval of the Commission
has been obtained.
Any elected official, administrator or employee
violating the provisions of this article may be fined by the
Commission not less than one hundred dollars a day for each day the
violation continues and the Attorney General shall seek injunctive
relief to halt the continued violation of this section.
NOTE: The purpose of this bill is to add the State Americans
with Disabilities Act Coordinator as a member of the Capitol
Building Commission. The bill prohibits any substantial physical
changes to the buildings and grounds of the State Capitol without
the approval of the Commission and compliance with the Americans
with Disabilities Act. In addition, the Commission is given
authority to hire employees, enter into contracts for studies and
to levy fines for violations of the article.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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