Senate Bill No. 356
(By Senator Dittmar)
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[Introduced January 28, 1999;
referred to the Committee
on Natural Resources; and then to the Committee on Finance.]
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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 empowering the
director of the division of natural resources to authorize
the construction and acquisition of buildings constructed
with donated funds or materials and labor in existing state
parks, forests, wildlife management areas or other
recreational facilities; and empowering the director to
construct new buildings having a value of less than fifty
thousand dollars with division employees.
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
limitations.
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 is
the purpose of this section.
After the effective date of this section, 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 Notwithstanding any
provision in this section to the contrary, the director from
expending may expend any appropriations made on or before the
effective date of this section to the division of natural
resources for the purposes for which such appropriations were
designated, including the acquisition of land or the construction
of facilities or buildings.
Nothing in this section shall prohibit Notwithstanding any
provision in this section to the contrary, the director from
expending may expend 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 effective date of this
section. Nothing in this section shall prohibit Notwithstanding
any provision in this section to the contrary, the director from
expending may expend 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 effective date
of this section.
Notwithstanding any provision in this section to the
contrary, the director may authorize the construction and
acquisition 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.
Notwithstanding any provision in this section to the
contrary, the director may construct or authorize the
construction of any new facility or building having a total value
of less than fifty thousand dollars by regular full-time
employees of the division.
NOTE: The purpose of this bill is to empower the Director
of the Division of Natural Resources to authorize the
construction and acquisition of buildings which are constructed
with donated funds or materials and labor in existing state
parks, forests and other DNR managed areas. Also, the Director
is empowered to construct new buildings having a value of less
than 50,000 dollars with DNR employees.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.