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 any state park, forest and wildlife management area; providing a minimum number of cabins to be constructed by a single third party; providing that title to cabins immediately vest in the state; and providing that cabins shall be operated by the parks and recreation section of the division of natural resources.

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 any state park, forest and wildlife management area: Chief Logan state park, Beech Fork state park, Tomlinson Run state park and Stonewall Jackson lake state park 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 the minimum number of cabins to be constructed by any single third party shall be no less than five: Provided further, 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: 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 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.



FINANCE COMMITTEE AMENDMENT

On page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

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 any state park and forest: Chief Logan state park, Beech Fork state park, Tomlinson Run state park and Stonewall Jackson lake state park 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.


FINANCE COMMITTEE TITLE AMENDMENT


H. B. 4132 - - "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 any state park and 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."