Introduced Version
House Bill 2318 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2318
(By Delegates Coleman, Cann and Webb)
[Introduced February 19, 2001; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section twenty, article one, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to authorizing in-house
construction of state recreational facilities by full-time
employees of the parks section of the division of natural
resources.
Be it enacted by the Legislature of West Virginia:
That section twenty, article one, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-20. Limitations on acquisition of land for state
recreational facilities; limitations on construction of state recreational facilities;
legislative findings and purpose; exceptions to
imitations.
(a) The Legislature finds that the acquisition of land to
construct new or to expand existing state recreational facilities
is becoming more costly. Also, the Legislature finds that the
construction of new or the expansion of existing state recreational
facilities is becoming more costly. After such facilities are
constructed, they must be maintained indefinitely and, in many
instances, personnel must be employed to operate the facilities.
This necessitates and places a continuing burden on state revenues.
Furthermore, these costs are also increasing continually. The
Legislature hereby declares that there is an ultimate limit to how
many recreational facilities this state, with its size, population
and financial resources, can or should support. Further, the
Legislature hereby declares that it must establish, provide for and
maintain limits on state recreational facilities. The Legislature
hereby declares that the purpose of this section is to establish,
provide for and maintain limits on state recreational facilities.
After the first day of July, one thousand nine hundred
seventy-seven, neither the director, nor any other officer, or
employee, or agent of the division of natural resources may, without the express authorization of the Legislature:
(1) Acquire, or authorize the acquisition of, land for any new
state park, forest, public fishing and hunting area, or other
recreational facility; or
(2) Construct, or authorize the construction of, any new
facility or building in any state park, forest, public hunting and
fishing area, or other recreational facility.
Nothing in this section shall prohibit prohibits the director
from expending any appropriations, made at any time, which are
designated to complete land acquisitions for state parks, forests,
public hunting and fishing areas or other recreational areas, which
are in existence on the first day of July, one thousand nine
hundred seventy-seven. Nothing in this section shall prohibit
prohibits the director from expending any appropriation made at any
time which is designated to complete the construction of facilities
and buildings, including electric, water and sewage systems for
state parks, forests, public hunting and fishing areas or other
recreational areas, which are in existence on the first day of
July, one thousand nine hundred seventy-seven.
(b) The Legislature further finds that certain acquisitions
and constructions, either due to the relatively minimal size of the project, due to the need for a timely decision to assure receipt to
the state of the benefits of gratuitous transfers from public and
nonpublic entities supportive of recreational facilities in the
control of the division, or due to the existence of the high
opportunity costs inherent in certain policy decisions, must
necessarily be handled in a timely manner. Many of such these
acquisitions or constructions actually serve to lessen the total
cost to the state for the maintenance and management of existing
recreational facilities. The Legislature, therefore, hereby
declares that the concepts of reasonableness and materiality
require the following exceptions to the general requirement
contained in subsection (a) of this section for legislative
approval of acquisitions and constructions:
(1) The director may authorize the construction of any new
facility or building which is constructed with donated funds or
materials and labor in an existing state park, state forest,
wildlife management area or other recreational facility; and
(2) The director may construct or authorize the construction
of any new facility or building when the total cost of materials
does not exceed twenty-five thousand dollars by regular full-time
employees of the division.
(c) The Legislature further finds that the construction of new
park facilities may best be completed by the establishment and
maintenance of an in-house work force and equipment. When
considering the increasing costs involved in new construction and
the need to pay prevailing wages for the construction work
performed by contractors when the normal bidding process is
required for construction of new recreational facilities in the
control of the division, use of an in-house work force and
construction equipment for new constructions or maintenance will
actually lessen the total cost to the state for the construction
and maintenance of any new and existing recreational facilities.
The Legislature, therefore, hereby declares that the concepts of
reasonableness and materiality require the following exceptions to
the general requirement contained in subsection (a) of this section
for legislative approval of constructions:
(1) The director may establish an in-house work force of
full-time employees who are skilled in the construction of
recreational facilities and the acquisition of construction
equipment for the purpose of the construction of any new facility
or building which is constructed with donated funds or materials
and labor in an existing state park, state forest, wildlife management area or other recreational facility; and
(2) The director, subject to the prior approval of the
Legislature, may construct or authorize the construction of any
new facility or building with the full-time employees of the
in-house work force authorized to be established by this section,
when the director can satisfactorily determine that the total cost
of the construction of the new facility or building, including cost
of labor and materials by regular full-time employees of the
division, will be less than the cost of construction, including
labor and materials, if the construction contract is submitted for
bids as normally required by law.
In any construction permitted by this subsection, the director
must require that any new building, which includes a roof,
designed, constructed and maintained with public funds of the
state, a county or a municipality shall have a roof of sufficient
slope so that water will not accumulate into a pool on any area of
the roof, in accordance with the current state building code as it
relates to roofs and roof structures.
NOTE: The purpose of this bill is to authorize the
establishment of an in-house work force within the Division of
Natural Resources of full-time employees with experience in the
construction of recreational facilities to be used for the construction of new facilities at state parks and recreational
facilities, rather than submitting this type of construction for
bids.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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