H. B. 4120


(By Delegates Love, Campbell, Fragale and Richards)
[Introduced January 25, 1994; referred to the
Committee on Government Organization.]




A BILL to amend and reenact section thirteen, article one, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the powers and duties of the section of parks and recreation generally.

Be it enacted by the Legislature of West Virginia:

That section thirteen, article one, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF TOURISM AND PARKS.

§ 5B - 1 - 13. Division of parks and recreation; purpose; powers and duties generally.

It shall be the duty of the section of parks and recreation to have within its jurisdiction and supervision:

(a) All state parks and state recreation areas, including all lodges, cabins, swimming pools, motorboating and all other recreational facilities therein, except the roads therein which, by reason of section one, article four, chapter seventeen of this code, are transferred to the state road system and to the responsibility of the commissioner of highways with respect to the construction, reconstruction and maintenance of the roads or any future roads for public usage on publicly owned lands in future state parks, state forests and public hunting and fishing areas;
(b) The authority and responsibility to do the necessary cutting and planting of vegetation along road rights-of-way in state parks and recreational areas;
(c) The administration of all laws and regulations relating to the establishment, development, protection, use and enjoyment of all state parks and state recreational facilities consistent with the provisions of this article: Provided, That nothing herein shall be construed to assign to the section of parks and recreation of the division of tourism and parks the law-enforcement duties set forth in article seven, chapter twenty of this code, which duties shall remain the responsibility of the division of natural resources;
(d) The Berkeley Springs sanitarium in Morgan County shall be continued as a state recreational facility under the jurisdiction and supervision of the division of tourism and parks and shall be managed, directed and controlled as prescribed in this article and in article one, chapter twenty of this code.
The commissioner shall have and is hereby granted all of the powers and authority and shall perform all of the functions and duties with regard to Berkeley Springs sanitarium that were previously vested in and performed by the director of the division of natural resources, who shall no longer have such power and authority and whose power and authority with regard to Berkeley Springs sanitarium is hereby abolished;
(e) The Washington Carver camp in Fayette County is hereby transferred from the division of natural resources to the commissioner who shall have the jurisdiction and supervision of the camp subject to the jurisdiction and authority of the division of culture and history as provided under section thirteen, article one, chapter twenty-nine of this code. The commissioner shall manage the Washington Carver camp as a state recreational facility and a component of the state park system;
(f) The improved recreational area of Camp Creek State Forest in Mercer County, as delineated according to section three, article one-a, chapter nineteen of this code, is hereby renamed as the Camp Creek State Park and under that name shall be managed as a state recreational facility;
(g) The improved recreational area of Moncove Lake public hunting and fishing area, consisting of all improved recreational facilities, including all land between the lake and private property beginning at the main entrance on secondary route eight to the first stream on the southwest side of the improved recreational area, approximately two hundred feet southwest of the private property corner where it meets the Roxalia Springs trail, thence northwest to a stream and along this stream northward to and across the Diamond Hollow trail to the area boundary, thence continuing around area boundary to the lake shore, thence following the lake shore around the shoreline to meet the line drawn from the main entrance where the boundary begins. This area is hereby renamed as the Moncove Lake State Park and under that name shall be managed as a state recreational facility: Provided, That the boundary, as herein described, shall be plainly marked within ninety days of the effective date of this article; and
(h) The commissioner of the division of tourism and parks shall be primarily responsible for the execution and administration of the provisions herein as an integral part of the parks and recreation program of the state and shall organize and staff his section for the orderly, efficient and economical accomplishment of these ends; and
(i) Notwithstanding any provision of this code to the contrary, the commissioner may exempt designated state parks for amounts less than two hundred fifty dollars from the requirement that all payments must be deposited in a bank within twenty-four hours.



NOTE: The purpose of this bill is to exempt certain state parks from making bank deposits within twenty-four hours after receiving payments when such payments are less than two hundred fifty dollars.

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