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1998 SESSION

986962376
HOUSE BILL NO. 1206
Offered January 26, 1998
A BILL to amend the Code of Virginia by adding in Title 9 a chapter numbered 35.1, consisting of sections numbered 9-304.1 through 9-304.5, relating to the Capitol Square Preservation Council.
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Patrons-- Murphy and Moss; Senators: Chichester and Walker
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Referred to Committee on Rules
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 9 a chapter numbered 35.1, consisting of sections numbered 9-304.1 through 9-304.5, as follows:

CHAPTER 35.1.
CAPITOL SQUARE PRESERVATION COUNCIL.

§ 9-304.1. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Capitol Square" means the State Capitol building and grounds, and all state buildings in or bordering the grounds or directly across any street bordering the grounds.

"Council" means the Capitol Square Preservation Council.

§ 9-304.2. Capitol Square Preservation Council created; membership; compensation.

A. There is hereby created in the legislative branch the Capitol Square Preservation Council. The Council shall be composed of nine members as follows: one member of the House of Delegates selected by the Speaker of the House, one member of the Senate selected by the Senate Committee on Privileges and Elections; three members selected by the Speaker of the House, one each from lists of nominations provided by the governing bodies of The Garden Club of Virginia, the Historic Richmond Foundation and the Association for the Preservation of Virginia Antiquities; two selected by the Senate Committee on Privileges and Elections, one each from lists of nominations provided by the governing bodies of the Virginia Society of the American Institute of Architects and the Virginia Association of Landscape Architects; one at-large citizen member selected by the Speaker of the House; and one at-large citizen member selected by the Senate Committee on Privileges and Elections.

B. All appointments to the Council shall be for terms of three years, except that initial appointments shall have the following terms: of those appointed by the Speaker of the House, two shall have three-year terms, one shall have a two-year term and one shall have a one-year term; of those appointed by the Senate Committee on Privileges and Elections, one shall have a three-year term, one shall have a two-year term and one shall have a one-year term. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term in the same manner as the original appointment. Whenever any legislative member fails to retain his membership in the house from which he was appointed, he shall relinquish his membership on the Council and the appointing authority who appointed the member shall make an appointment from the respective house to complete the term. Any member may be reappointed for successive terms.

C. The members of the Council shall elect a chairman and a vice chairman annually from among its legislative members.

D. Legislative members of the Council shall receive such compensation as is set forth in § 14.1-18 and all members shall be reimbursed for their actual expenses incurred by them in the performance of their duties in the work of the Council.

§ 9-304.3. Powers and duties.

The Council shall, with regard to the architectural, historical, archeological and landscape features of Capitol Square and antiquities contained therein, have the power and duty to:

1. Inventory and assess their condition;

2. Develop plans for their preservation and organized enhancement;

3. Develop recommendations for the promotion of activities and efforts that will enhance interpretive and educational opportunities; and

4. Coordinate, review and approve, notwithstanding any law to the contrary, any plans or proposals for alterations, improvements, additions, renovations or other disposition. No implementation of such plans or proposals shall take place without the prior review and approval of the Council.

§ 9-304.4. Staff and staff support.

The Council may appoint, employ, and remove an executive director and determine his duties and compensation within the amounts appropriated therefor. The executive director shall act as curator for the architectural, historical, archeological and landscape features of Capitol Square. The executive director shall be knowledgeable in architectural and historical preservation and landscaping. The Council may also obtain such assistance as it may deem necessary from other legislative and executive agencies and may employ, within the amounts appropriated therefor, experts who have special knowledge of the issues before the Council.

§ 9-304.5. Annual report.

The Council shall report its findings and recommendations annually by December 1 to the Governor and the General Assembly. The Council shall make such further interim reports to the Governor and the General Assembly as it shall deem advisable or as may be required by the General Assembly.