H. B. 4725


(By Delegate Beane)
[Introduced February 22, 2006; referred to the
Committee on Government Organization.]




A BILL to amend and reenact §4-8-1, §4-8-2, §4-8-3, §4-8-4, §4-8-5 and §4-8-6 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto thirteen new sections, designated §4-8-7, §4-8-8, §4-8-9, §4-8-10, §4-8-11, §4-8-12, §4-8-13, §4-8-14, §4-8-15, §4-8-16, §4-8-17, §4-8-18 and §4-8-19; and to amend and reenact §29-1-5 of said code, all relating to reorganizing and expanding the purposes of the Capitol Building Commission.

Be it enacted by the Legislature of West Virginia:
That §4-8-1, §4-8-2, §4-8-3, §4-8-4, §4-8-5 and §4-8-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto thirteen new sections, designated §4-8-7, §4-8-8, §4-8-9, §4-8-10, §4-8-11, §4-8-12, §4-8-13, §4-8-14, §4-8-15, §4-8-16, §4-8-17, §4-8-18 and §4-8-19; and that §29-1-5 of said code be amended and reenacted, all to read as follows:

CHAPTER 4. THE LEGISLATURE.

ARTICLE 8. CAPITOL BUILDING COMMISSION.
§4-8-1. Creation; composition; qualifications.
There is a Capitol Building Commission, hereinafter referred to as the commission, a public body corporate and independent regulatory agency of the state, which is composed of five members six commissioners 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 is a nonvoting voting member. The Director of the Division of General Services of the Department of Administration, or his or her designee, the Director of the Historic Preservation Section of the Division of Culture and History, or his or her designee, and the Director of the Archives and History Section of the Division of Culture and History, or his or her designee, serve as nonvoting members of the commission.
No more than three members four of the appointed commissioners may be of the same political party. One member shall commissioner is required to be an architect selected from three persons recommended licensed by the Board of Architects, one member shall commissioner is required to be a registered professional engineer selected from three persons recommended licensed by the Board of Registration for Professional Engineers, one member shall be commissioner is the Commissioner of the Division of Culture and History who is chairman of the commission one commissioner is required to be a historian specializing in the field of historic preservation or public history, and two members commissioners shall be selected from the public at large. All appointed commissioners are required to have education, or a demonstrated knowledge or interest, in the fields of history, historic preservation or other fields directly dealing with the purposes of the commission.
§4-8-2. Terms of members; vacancies; meetings; decisions of commission.
Members Commissioners shall be appointed for terms of four years and may be reappointed at the expiration of their terms, and shall serve in office until their successors are appointed and have qualified. In the event of a vacancy, an appointment shall be made to fill the unexpired term within sixty days. The commission shall meet quarterly, unless otherwise ordered by the commission, at times and places it determines. Meetings may be called by the chairperson, vice-chairperson, or by any two commissioners, and the commission has the right to set a regular meeting schedule. Whenever the approval of the commission is requested, as required by sections four and five of this article, the commission shall meet and render its decision, in writing, within ninety days of the filing with the commission of such the request.
§4-8-3. Officers; expenses.
The Commissioner of Culture and History is the chairperson of the Capitol Building Commission. The Capitol Building Commission shall organize by electing a chairman annually elect a vice chairman and a secretary chairperson from among the voting members of the commission. The members of the commission shall Director of the Archives and History Section of the Division of Culture and History, or his or her designee, is secretary of the commission. The appointed commissioners serve without compensation. and All members and commissioners shall be reimbursed for such their necessary travel expenses, subsistence and other reasonable expenses as may be actually incurred by them in the performance of their duties, all to be paid by the Joint Committee on Government and Finance. The Division of Culture and History serves as the staff agency for the Capitol Building Commission.
§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, but not limited to, the public meeting rooms, hallways statuary, memorials, landscaping and grounds, which affect the appearance 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. As used in this article, the surrounding complex shall include includes 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, parking lots, statuary, memorials, landscaping structures and facilities which are incidental to such the buildings. As used in this article, substantial physical change shall include includes, but not be is not 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, 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 including the erection, demolition and location of buildings. The Capitol Building Commission, with the Department of Administration, has control of, and shall regulate, all signage, seating, painting, murals, statuary, all other material furnishings that alter the visual appearance of the Capitol Complex, and all physical aspects of the Capitol Complex. Notwithstanding the provisions of section two, article four, chapter five-a of this code, no substantial changes may be made without the approval of the Capitol Building Commission.
§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 may be let, nor shall may any physical changes be made not requiring a contract, until approval of the commission has been obtained. The commission shall work with the Purchasing Division of the Department of Administration to ensure compliance with the provisions of this section.
§4-8-6. Continuation of commission.
Pursuant to the provisions of article ten of this chapter, the Capitol Building Commission shall continue to exist until the first day of July, two thousand four ten, unless sooner terminated, continued or reestablished. by act of the Legislature
§4-8-7. Title to Capitol Complex land.
For the purpose of applying for grants to preserve and maintain the Capitol Complex, the Capitol Building Commission is vested with the title to all land and buildings constituting the Capitol Complex, and state land in the immediate vicinity of the Capitol Complex, and may represent itself as the owner of the land and buildings when applying for grants, if necessary. The commission holds title to the land and buildings as trustees for the citizens of West Virginia. No real estate transactions affecting the Capitol Complex, including the purchase or sale of land, may be transacted without the approval of the Capitol Building Commission. No land constituting the Capitol Complex may be sold or transferred to any other person, agency or entity without the express approval of the Governor and the Legislature.
§4-8-8. Authority to act as local historic landmarks commission.
The commission shall act as the Historic Landmarks Commission for the Capitol Complex, and it has all of the authority of a municipal or county historic landmarks commission as contained in chapter eight, article twenty-six-a of this code.
§4-8-9. Promotion of tourism and education of Capitol Complex.
It is the duty of the Capitol Building Commission to work jointly with the Division of Tourism, the Division of Culture and History, and any other appropriate agencies, to promote and enhance tourism at the State Capitol Complex. The Secretary of Administration has the authority to permit the use of the Capitol Complex grounds for special events, and shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code regarding the use of the grounds and addressing the safety of participants. The Capitol Building Commission shall also work with appropriate agencies to develop a Capitol Complex Education Program for the benefit of the public school students of the state and the general public. The education program may include, but is not limited to: Pamphlets, leaflets, booklets, posters, lectures, pictures, videos, audio programs, multimedia presentations, and teaching materials.
§4-8-10. Architectural studies.
The Capitol Building Commission may, with the Department of Administration, enter into contracts to obtain studies necessary to the Capitol Complex master plan; architectural, structural, and engineering plans and expertise; restoration plans and expertise; and artistic and sculpture plans and expertise necessary to the purposes of the commission.
§4-8-11. Rule-making authority.
The commission may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to fully implement the provisions of this article.
§4-8-12. General powers and duties.
For the purposes of bringing into effect all of the provisions, powers, duties and responsibilities of this article, the Capitol Building Commission has the following powers:
(1) To adopt an official seal, and provide rules for its custody and use;
(2) To monitor and keep record of all construction, repairs, renovations, and other similar activities at the Capitol Complex, for archival and preservation purposes;
(3) To hold official hearings on matters it feels necessary, and, to compel the attendance of witnesses;
(4) To empower its officers to administer oaths at any and all of its hearings;
(5) To do any and all acts that a public body corporate may do in West Virginia; and
(6) To act as necessary for the care and preservation of the Capitol Complex.
§4-8-13. Duty to seek grant funding.
It is the duty of the Capitol Building Commission, with the Division of Culture & History, to seek out and apply for all appropriate grant funding to help provide for the preservation, restoration, protection and upkeep of the buildings of the Capitol Complex. The commission shall work with the Division of General Services of the Department of Administration to fulfill this requirement. In order to maintain a uniform approach to funding and preservation concerns, the commission is granted the exclusive right to apply for grant funding dealing with the physical land and buildings of the Capitol Complex. Other agencies and organizations may seek grant funding as long as all applications, materials and similar materials are approved by the commission, or the commission contracts to another agency or organization for this purpose.
§4-8-14. Capitol Complex physical alterations handbook.
The Capitol Building Commission is authorized, with the Secretary of the Department of Administration, to set standards for office decor, painting, carpeting, signage and similar activities in the buildings of the Capitol Complex. These standards may vary from building to building as historical, agency or constituent concerns may necessitate. The commission and the Secretary of the Department of Administration shall jointly issue a handbook or handbooks to all state agencies at the complex providing examples of all of these standards, and agencies operating at the Capitol Complex are required to abide by these standards. These standards may be altered by the commission and the Secretary of the Department of Administration, and a revised handbook or handbooks shall be issued when necessary, but any office that was in compliance with previous standards is not required to change any aspects until new repairs or alterations are warranted.
§4-8-15. Authority over Capitol expenditures.
Any other provisions of this code to the contrary notwithstanding, no money may be expended from the Capitol Dome and Capitol Improvements Fund, the Capitol Renovation and Improvement Fund, the 2004 Capitol Complex Parking Garage Fund or any other fund designated for physical repairs or alterations at the Capitol Complex, without the approval of the Capitol Building Commission if that money is to be spent on a project which requires commission approval. All other moneys spent from these funds may only be used for the repair and upkeep of the buildings of the Capitol Complex, and may be authorized by the Secretary of the Department of Administration. The secretary shall regularly provide financial reports to the Capitol Building Commission regarding the status of these funds, and a yearly report shall be included in the commission?s annual report provided in section eighteen of this article.
§4-8-16. Annual notification to agencies; agencies required to comply.

The Capitol Building Commission shall annually notify all agencies operating at the Capitol Complex, by any means it feels expedient, of their duty to seek commission approval for all projects which need to be reviewed by the commission prior to work commencing. All agencies operating at the Capitol Complex shall comply with the provisions of this article. If any agency does not comply with the provisions of this article, the Capitol Building Commission and the Secretary of the Department of Administration may recommend to the Governor and the Legislature that the respective agency?s budget be reduced by an appropriate amount for the next ensuing fiscal year.
§4-8-17. Power to establish committees.
In order to carry out the provisions and duties of this article, the Capitol Building Commission may establish standing and special committees it finds appropriate to fulfill its powers and duties. The commission shall promulgate procedural rules regarding its committee structure. The commission is further authorized to appoint nonmembers of the commission to serve on any of its committees, provided that a nonmember may not chair a committee of the commission and that the commission has full authority to regulate its committees as it sees fit.
§4-8-18. Report to Governor and Legislature.
The Capitol Building Commission shall make a report to the Governor, and the Legislature, concerning its actions, rulings, and similar activities on or before the first day of January of each year.
§4-8-19. Short title.
This article may be known and cited as the "Capitol Building Commission Act of 2006."
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 1. DIVISION OF CULTURE AND HISTORY.

§29-1-5. Archives and History Commission.

The Archives and History Commission which is hereby created shall be is composed of thirteen appointed members, two three ex officio voting members and six ex officio nonvoting members as provided in this section.
The Governor shall nominate, and by and with the advice and consent of the Senate, appoint the members of the commission for staggered terms of three years. A person appointed to fill a vacancy shall may be appointed only for the remainder of that term.
No more than seven of the appointed members may be of the same political party. Members of the commission should shall be appointed so as to fairly represent both sexes, the ethnic and cultural diversity of the state and the geographic regions of the state. The Archives and History Commission shall contain the required professional representation necessary to carry out the provisions of the National Historic Preservation Act of 1966, as amended, and shall serve serves as the "state review board" and shall follow all rules and regulations as specified therein. This representation shall include the following professions: Historian, architectural historian, historical architect, archaeologist specializing in historic and prehistoric archaeology, archivist, librarian and museum specialist.
The commission shall elect one of its members chair. It shall meet at such time as shall be times specified by the chair. Notice of each meeting shall be given to each member by the chair in compliance with the open meetings law. A majority of the voting members shall constitute is a quorum for the transaction of business.
In addition to the thirteen appointed members, the President of the State Historical Society, and the President of the State Historical Association shall and a representative of the Capitol Building Commission, annually appointed by the Capitol Building Commission serve as ex officio voting members of the Archives and History Commission. The Director of the State Geological and Economic Survey, the President of the West Virginia Preservation Alliance, Inc, and the State Historic Preservation Officer shall serve as ex officio nonvoting members of the Archives and History Commission.
The Directors of the Archives and History Section, the Historic Preservation Section and the Museums Section shall be are ex officio nonvoting members of the commission. The Director of the Archives and History Section, shall serve or his or her designee, serves as secretary of the commission. The secretary, or a majority of the members, may also call a meeting upon such the notice as provided in this section.
Each member or ex officio member of the commission shall serve serves without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of the duties of the commission; except that in the event the expenses are paid, or are to be paid, by a third party, the member or ex officio member, as the case may be, shall may not be reimbursed by the state.
The commission shall have has the following powers:
(a) To advise the commissioner and the Directors of the Archives and History Section, the Historic Preservation Section and the Museums Section concerning the accomplishment of the purposes of those sections and to establish a state plan with respect thereto;
(b) To approve and distribute grants-in-aid and awards from federal and state funds relating to the purposes of the Archives and History Section, the Historic Preservation Section and the Museums Section;
(c) To request, accept or expend federal funds to accomplish the purposes of the Archives and History Section, the Historic Preservation Section and the Museums Section when federal law or regulations would prohibit the same by the commissioner or section director, but would permit the same to be done by the Archives and History Commission;
(d) To otherwise encourage and promote the purposes of the Archives and History Section, the Historic Preservation Section and the Museums Section;
(e) To approve rules and regulations concerning the professional policies and functions of the Archives and History Section, the Historic Preservation Section and the Museums Section as promulgated by the directors of those sections;
(f) To advise and consent to the appointment of the section directors by the commissioner; and
(g) To review and approve nominations to the State and National Registers of Historic Places.



NOTE: The purpose of this bill is to reorganize and expand the purposes of the Capitol Building Commission.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§4-8-7, §4-8-8, §4-8-9, §4-8-10, §4-8-11, §4-8-12, §4-8-13, §4-8-14, §4-8-15, §4-8-16, §4-8-17, §4-8-18 and §4-8-19 are new; therefore, strike-throughs and underscoring have been omitted.