
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4581
(By Delegates Anderson, Border, Beane,
Azinger and Modesitt
)
[Passed March 11, 2000; in effect ninety days from passage.]
AN ACT to amend and reenact section two, article eight, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the
Blennerhassett Island historical park; authorizing the
natural resources commission to permit and regulate the
hunting of white-tailed deer at the park; and promulgation
of rules.
Be it enacted by the Legislature of West Virginia:
That section two, article eight, chapter twenty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. BLENNERHASSETT ISLAND HISTORICAL STATE PARK
COMMISSION.
§29-8-2. Blennerhassett Island historical state park commission
established; members; terms; meeting; quorum;
compensation; expenses.
There is continued within the bureau of commerce the Blennerhassett Island historical state park commission. All
assets, real and personal property, debts, liabilities, duties,
powers and authority previously transferred to the bureau of
commerce from the Blennerhassett Island historical state park
commission are continued in the bureau of commerce. The
Blennerhassett Island historical state park commission is
maintained as an advisory commission as hereinafter provided.
The commission is composed of ten members who must be citizens
and residents of this state, appointed by the governor for terms
of four years, by and with the advice and consent of the Senate:
Provided, That the terms of all members previously appointed to
the Blennerhassett historical state park commission prior to any
amendment and reenactment of this section shall continue for the
periods originally specified, and no member serving as of the
effective date of the amendment and reenactment need be
reappointed.
Each member must be qualified to carry out the functions of
the commission under this article by reason of his or her special
interest, training, education or experience.
No person may be eligible to appointment as a member who is
an officer or member of any political party executive committee;
or the holder of any other public office or public employment
under the United States government or the government of this
state or a political subdivision of this state. Not more than
six members may belong to the same political party.
The commission shall elect a chairman from among its members on the second Monday in September of each year.
All members are eligible for reappointment once by the
governor. A member shall, unless sooner removed, continue to
serve until his or her term expires and his or her successor has
been appointed and has qualified. A vacancy caused by the death,
resignation or removal of a member prior to the expiration of his
or her term shall be filled only for the remainder of term.
For the purpose of carrying out its powers, duties and
responsibilities under this article, six members of the
commission constitute a quorum for the transaction of business.
Each member is entitled to one vote. The commission shall meet
at a time and place designated by the chairman at least four
times each fiscal year. Additional meetings may be held when
called by the chairman or when requested by five members of the
commission or by the governor. All meetings shall comply with
the provisions of article nine-a, chapter six of this code. Each
member shall be reimbursed for all reasonable and necessary
expenses actually incurred in the performance of his or her
duties under this article.
The commission shall advise the bureau of commerce in all
matters relating to the development, establishment and
maintenance of the Blennerhassett Island historical state park.
All employee positions in the former Blennerhassett Island
historical state park commission transferred to the division of
commerce by a previous amendment and reenactment of this section
are continued in the classified service of the civil service system pursuant to article six of this chapter. Any person
included in the classified service by the provisions of this
section who is employed in any of these positions as of the
effective date of any amendment and reenactment of this section
shall not be required to take and pass qualifying or competitive
examinations upon or as a condition to being added to the
classified service: Provided, That no person included in the
classified service by the provisions of this section who is
employed in any of these positions as of the effective date of
any amendment and reenactment of this section, be thereafter
severed, removed or terminated from such employment prior to his
or her entry into the classified service except for cause as if
the person had been in the classified service when severed,
removed or terminated.
Notwithstanding any provision of this code to the contrary,
the bureau of commerce is vested with exclusive regulatory
authority over watercraft transport of visitors to the
Blennerhassett Island portion of the Blennerhassett Island
historical state park, and the watercraft transport of these
visitors is not subject to the provisions of article eighteen,
chapter seventeen of this code.
Notwithstanding the provisions of section fifty-eight,
article two, chapter twenty of this code, the natural resources
commission shall promulgate rules pursuant to the provisions of
section seventeen, article one, chapter twenty and section three,
article one, chapter twenty-nine-a of this code to permit and regulate the hunting of white-tailed deer at Blennerhassett
Island historical state park.