ENGROSSED
H. B. 4132
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 24, 2000; referred to the
Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend and reenact section sixteen, article five, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to the division of natural
resources and the construction of recreational facilities and
cabins by third parties, authorizing the director of the
division of natural resources to enter into contracts with
third parties for the construction and operation of
recreational facilities at certain state parks and for
construction, but not operation, of cabins at any state park
or forest; providing that title to cabins immediately vest in
the state; providing that cabins shall be operated by the
parks and recreation section of the division of natural
resources; and providing authorization to propose legislative
rules.
Be it enacted by the Legislature of West Virginia.
That section sixteen, article five, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one as amended,
be amended and reenacted as follows:
ARTICLE 5. PARKS AND RECREATION.
§20-5-16. Authority to enter into contracts with third parties to
construct recreational facilities.
Notwithstanding any other provision of this code to the
contrary, in addition to all other powers and authority vested in
the director, he or she is hereby authorized and empowered to enter
into contracts with third parties for the construction and
operation of recreational facilities at Chief Logan State Park,
Beech Fork State Park, Tomlinson Run State Park, Stonewall Jackson
Lake State Park and Lost River State Park, and to enter into
contracts with third parties for the construction, but not the
operation, of cabins at any state park or forest: Provided, That
the term of the contracts may not exceed a period of twenty-five
years, at which time the full title to the lodge recreational
facilities shall vest in the state: Provided however, That upon
completion of construction of cabins, full title to the cabins
shall immediately vest in the state and the cabins shall be
operated by the parks and recreation section: Provided further,
That the director shall propose legislative rules in accordance
with the provisions of chapter twenty-nine-a of this code that set
the conditions upon which the director may enter a contract with a single third party proposing to construct cabins: And provided
however further, That contracts shall be presented to the joint
committee on government and finance for review and comment prior to
execution: And provided further, That the contract may provide
for renewal for the purpose of permitting continued operation of
the facilities at the option of the director for a term or terms
not to exceed ten years: And provided further, That no extension
or renewal beyond the original twenty-five-year term may be
executed by the director absent the approval of the joint committee
on government and finance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.