COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 356
(By Senator Dittmar)
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[Originating in the Committee on Natural Resources;
reported February 3, 1999.]
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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 the division of
natural resources; organization and administration;
legislative findings; and empowering the director to
authorize the construction and acquisition of buildings in
certain circumstances.
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.
(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 sState,
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
Thethere 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 is
the purpose of this section.
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 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 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 JulyJuly, one thousand nine hundred seventy-seven.effective date of this section.
(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 non-public 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 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 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; and
(2) 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.
In any construction permitted by this subsection, the director
must require that any new structure have sloped roofs in
accordance with the current state building code.
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.