H. B. 3001


(By Delegates Susman, Poling, Yeager, Martin,

Proudfoot, R. Thompson and Houston)

[Introduced February 13, 2003 ; referred to the

Committee on Government Organization then Finance.]




A BILL to amend and reenact sections one, four and five, article eight, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, 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 sections one, four and five, article eight, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, 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 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.