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Introduced Version Senate Bill 431 History

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Senate Bill No. 431

(By Senators Deem and Tomblin, Mr. President)

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[Introduced March 2, 2005; referred to the Committee

on Government Organization.]

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A BILL to amend and reenact §5A-4-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-1-1 of said code, all relating to placing the West Virginia Cultural Center under the authority and control of the General Services Division of the Department of Administration.

Be it enacted by the Legislature of West Virginia:
That §5A-4-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §29-1-1 of said code be amended and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 4. GENERAL SERVICES DIVISION.
§5A-4-2. Care, control and custody of Capitol buildings and grounds.

(a) The Director has the full responsibility for the care, control and custody of the Capitol buildings, including the building presently known as the West Virginia Science and Culture Center and in this connection he or she shall:
(1) Furnish janitorial services, which are to be provided by employees of the Department of Administration for the main Capitol building, including east and west wings, together with all the Departments in the building, or connected with the building, regardless of the budget or budgets, departmental or otherwise, from which the janitorial services are paid, and shall furnish janitorial supplies, light, heat and ventilation for all the rooms and corridors of the buildings: Provided, That nothing in this section shall be construed to prohibit contracts for janitorial services with sheltered workshops. The President of the Senate and speaker of the House of Delegates, or their respective designees, have charge of the halls and committee rooms of their respective houses and any other quarters at the State Capitol provided for the use of the Legislature or its staff, and shall keep the areas properly cleaned, warmed and in good order, and shall do and perform any other duties in relation to the areas as either house may require;
(2) Landscape and take care of the lawns and gardens; and
(3) Direct the making of all minor repairs to and alterations of the Capitol buildings and Governor's Mansion and the grounds of the buildings and Mansion. Major repairs and alterations shall be made under the supervision of the Director, subject to the direction of the Secretary.
(b) The offices of the assistants and employees appointed to perform these duties shall be located where designated by the Secretary, except that they shall not be located in any of the legislative chambers, offices, rooms or halls. Office hours shall be arranged so that emergency or telephone service is available at all times. The hours shall be arranged so that janitorial service shall not interfere with other employment during regular office hours.
(c) There is created in the State Treasury a special revenue account to be named the "Capitol Dome and Capitol Improvements Fund." The Fund shall consist of moneys received under section ten, article twenty-two-a, chapter twenty-nine of this code and funds from any other source. Moneys in the Fund shall be expended for maintenance and repairs of the Capitol Dome and other capital improvements and repairs to state-owned buildings.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 1. DIVISION OF CULTURE AND HISTORY.

§29-1-1. Division of culture and history continued; sections and commissions; purposes; definitions; effective date.

(a) The Division of Culture and History and the office of Commissioner of Culture and History heretofore created are hereby continued. The Governor shall nominate, and by and with the advice and consent of the Senate, appoint the Commissioner, who shall be the chief executive officer of the Division and shall be paid an annual salary of forty-five thousand dollars per year, notwithstanding the provisions of section two-a, article seven, chapter six of this code. The Commissioner so appointed shall have: (1) A bachelor's degree in one of the fine arts, social sciences, library science or a related field; or (2) four years' experience in the administration of museum management, public administration, arts, history or a related field.
(b) The Division shall consist of five sections as follows:
(1) The arts section;
(2) The archives and history section;
(3) The museums section;
(4) The historic preservation section; and
(5) The administrative section.
(c) The Division shall also consist of two citizens commissions as follows:
(1) A commission on the arts; and
(2) A commission on archives and history.
(d) The Commissioner shall exercise control and supervision of the Division and shall be responsible for the projects, programs and actions of each of its sections. The purpose and duty of the Division is to advance, foster and promote the creative and performing arts and crafts, including both indoor and outdoor exhibits and performances; to advance, foster, promote, identify, register, acquire, mark and care for historical, prehistorical, archaeological and significant architectural sites, structures and objects in the state; to encourage the promotion, preservation and development of significant sites, structures and objects through the use of economic development activities such as loans, subsidies, grants and other incentives; to coordinate all cultural, historical and artistic activities in state government and at state-owned facilities; to acquire, preserve and classify books, documents, records and memorabilia of historical interest or importance; and, in general, to do all things necessary or convenient to preserve and advance the culture of the state.
(e) The Division shall have jurisdiction and control and may set and collect fees for the use of all space in the building presently known as the West Virginia science and culture center, including the deck and courtyards forming an integral part thereof; the building presently known as West Virginia Independence Hall in Wheeling, including all the grounds and appurtenances thereof; "Camp Washington Carver" in Fayette County, as provided for in section fourteen of this article; and any other sites as may be transferred to or acquired by the Division. Notwithstanding any provision of this code to the contrary, including the provisions of article one of chapter five-b of this code, beginning on and after the first day of July, one thousand nine hundred ninety-three, the Division shall have responsibility for, and control of, all visitor touring and visitor tour guide activities within the State Capitol building at Charleston.
(f) For the purposes of this article, "Commissioner" means the Commissioner of Culture and History, and "Division" means the Division of Culture and History.



NOTE: The purpose of this bill is to place the West Virginia Cultural Center under the authority and control of the General Services Division of the Department of Administration.

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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