Senate Bill No. 431
(By Senators Deem and Tomblin, Mr. President)
[Introduced March 2, 2005; referred to the Committee
on Government Organization.]
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
(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
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
(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
(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
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