Senate Bill No. 304
(By Senator Chafin)
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[Introduced February 8, 1994; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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A BILL to amend and reenact section twelve, article one, chapter
five-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to transferring the
state parks back to the division of natural resources.
Be it enacted by the Legislature of West Virginia:
That section twelve, 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-1-12. Section of parks and recreation created; previously
transferred from the division of natural resources to the
department of commerce transferred back to the division of
natural resources; funds.
(a) The duties, powers and functions of the section of parks
and recreation within the division of natural resources
previously transferred to the division of commerce are herebytransferred to the division of tourism and parks are hereby
transferred to the division of natural resources.
(b) All books, papers, maps, charts, plans, literature and
other records, and all equipment in the possession of the
division of commerce tourism and parks shall be delivered or
turned over to the division of tourism and parks natural
resources.
(c) The division of tourism and parks natural resources
shall have the duty and authority to administer those properties
which are a part of the state parks and public recreation system,
but and the legal title to such properties shall remain with the
division of natural resources.
(d) All existing contracts and obligations of the division
of parks and recreation shall remain in full force and effect and
any existing contracts and obligations relating to parks and
recreation shall be performed by the division of tourism and
parks natural resources.
(e) The unexpended balance existing on the effective date of
this chapter in any appropriation made to the division of
commerce tourism and parks is hereby transferred and appropriated
to the division of tourism and parks natural resources.
The director of the division of natural resources and the
commissioner of tourism and parks shall cooperate fully and
exercise their powers to facilitate the development of new or the
expansion of existing park facilities, including, but not limited
to, the authorities as set forth in this chapter relating to the division of tourism and parks, and as set forth in section
twenty, article one, chapter twenty of this code, relating to the
division of natural resources, as amended from time to time.
NOTE: The purpose of this bill is to transfer the state
parks back to the division of natural resources.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.