COMMITTEE SUBSTITUTE

FOR

H. B. 4581

(By Delegates Anderson, Border, Beane,

Azinger and Modesitt

)

(Originating in the Committee on Finance)

[February 29, 2000]



A BILL 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; and authorizing a special bow hunting permit to prevent damage to historical gardens.

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.

As of the first day of July, one thousand nine hundred eighty-nine, there is established within the division of commerce the Blennerhassett Island historical state park commission. As of said date, all assets, real and personal property, debts, liabilities, duties, powers and authority of the Blennerhassett Island historical state park commission are hereby transferred to the division of commerce. The Blennerhassett Island historical state park commission shall be maintained as an advisory commission as hereinafter provided. The commission shall be composed of ten members who shall 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 the amendment and reenactment of this section shall continue for the periods originally specified, and no such member serving as of the effective date of such the amendment and reenactment need be reappointed.
Each member shall 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 shall 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 shall belong to the same political party.
At its first meeting, which shall be held within fifty days after this section takes effect, the commission shall elect from among its members a chairman who shall preside over its meetings until the second Monday in September of the next year. Thereafter, the commission shall elect a chairman from among its members on the second Monday in September of each year.
All members shall be 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 such the term.
For the purpose of carrying out its powers, duties and responsibilities under this article, six members of the commission shall constitute a quorum for the transaction of business. Each member shall be 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 division 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 are hereby transferred to the division of commerce and shall be included 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 such these such positions as of the effective date of this amendment and reenactment 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 such these positions as of the effective date of this section, shall be thereafter severed, removed or terminated from such employment prior to his or her entry into the classified service except for cause as if such the person had been in the classified service when severed, removed or terminated.
Notwithstanding any provision of this code to the contrary, the division of commerce shall have exclusive regulatory authority over watercraft transport of visitors to the Blennerhassett Island portion of the Blennerhassett Island historical state park and such the watercraft transport shall not be subject to the provisions of article eighteen, chapter seventeen of this code.
 Notwithstanding any provision of this code to the contrary, hunting of white-tailed deer may be permitted at the Blennerhassett Island Historical State Park. The season and bag limits shall be set by the natural resources commission as provided in section seventeen, article one, chapter twenty of this code.