Senate Bill No. 101
(By Senators Dittmar, Anderson, Sharpe and Withers)
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[Introduced January 25, 1994;
referred to the Committee on Natural Resources.]
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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 thiscode, 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 werepreviously 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 areaboundary, 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;
(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.
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(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.)