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Mountain State Centers for Independent Living (MTSTCIL) will monitor the proposed language changes to the WV Capitol Building Commission (CBC) during the 2004 WV Legislative Session. Current proposed language changes will give the Capitol Building Commission the ability to fine agencies that make physical changes to the Capitol Complex without the panel's permission $100 per day.

However, MTSTCIL wants to insure that when physical changes and/or modifications are being made to the Capitol Complex that they will be in accordance with the American's with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. MTSTCIL also supports language changes that will prohibit the commission from being able to deny modifications and/or physical changes that will impede equal access to the Capitol and surrounding complex.

Therefore, MTSTCIL will only support language changes and additions to the following sections to insure that modifications and/or physical changes to the Capitol and surrounding complex are in compliance with the ADA and Section 504 of the Rehabilitation Act:

Section 4-8-1: Creation; composition; qualifications; continuation

• There are currently five members of the CBC who are appointed by the Governor in addition to the secretary of the department of administration who is a nonvoting member. MTSTCIL is recommending an additional member of the CBC be appointed by the Governor which would be the State ADA Coordinator to this Commission.

Section 4-8-2: Terms of members; vacancies; meetings; decisions of commission

• In the event the State ADA Coordinator resigns or a vacancy occurs, the Governor will appoint an ADA Expert/Specialist, based on recommendations from the disability community, to fulfill that term until another State ADA Coordinator is hired.

Section 4-8-4. Powers and duties generally

• MTSTCIL recommends language changes and additions that will prohibit the CBC from denying any modifications and/or physical changes that will impede equal access to the Capitol and surrounding complex.
• MTSTCIL supports language changes that will insure equal access to people with disabilities and approval of the ADA Coordinator regarding physical changes and/or modifications to the Capitol and surrounding complex.

Section 4-8-4.2 Powers and duties generally

• MTSTCIL supports a language change that will insure contracts to obtain studies necessary to capitol complex master plans, architectural, structural and engineering plans, restoration plans, artistic and sculpture plans, meet ADA compliance standards.

Section 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 or accessibility changes be made not requiring a contract, until approved by the commission and the ADA Coordinator.

Updated: January 17, 2004