Senate Bill No. 460
(By Senator Craigo, Bowman, Plymale, Walker, McCabe, Dittmar,
Sharpe, Ross, Ball, Dawson, Hunter, Oliverio, Love, Unger, Minear,
Snyder and Prezioso)
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[Introduced February 11, 2000; referred to the Committee
on Finance.]
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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 authorizing the
historic section of the division of culture and history to
provide matching grants to municipalities for document
preservation.
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:
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 in the state 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 any 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
(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 and regulations 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; (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 rule, and shall
coordinate standards with the appropriate regulatory officials
regarding their application; (5) the 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; (6) the providing of matching
grants to municipalities for document preservation; and (6) (7)
such any other rules and regulations as may be deemed necessary to
effectuate the purposes of this article.
NOTE: The purpose of this bill is to authorize the Historic Preservation Section of the Division of Culture and History to
provide matching funds to municipalities for document preservation.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.