H. B. 2318


(By Delegates Coleman, Cann and Webb)

[Introduced February 19, 2001; referred to the

Committee on the Judiciary then Finance.]





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 authorizing in-house construction of state recreational facilities by full-time employees of the parks section of the division of natural resources.

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 imitations.

(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 state, 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 the purpose of this section is to establish, provide for and maintain limits on state recreational facilities.
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 prohibits 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 prohibits 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 July, one thousand nine hundred seventy-seven.
(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 nonpublic 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 these 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 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 when the total cost of materials does not exceed twenty-five thousand dollars by regular full-time employees of the division.
(c) The Legislature further finds that the construction of new park facilities may best be completed by the establishment and maintenance of an in-house work force and equipment. When considering the increasing costs involved in new construction and the need to pay prevailing wages for the construction work performed by contractors when the normal bidding process is required for construction of new recreational facilities in the control of the division, use of an in-house work force and construction equipment for new constructions or maintenance will actually lessen the total cost to the state for the construction and maintenance of any new and 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 constructions:
(1) The director may establish an in-house work force of full-time employees who are skilled in the construction of recreational facilities and the acquisition of construction equipment for the purpose of the construction 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, subject to the prior approval of the Legislature, may construct or authorize the construction of any new facility or building with the full-time employees of the in-house work force authorized to be established by this section, when the director can satisfactorily determine that the total cost of the construction of the new facility or building, including cost of labor and materials by regular full-time employees of the division, will be less than the cost of construction, including labor and materials, if the construction contract is submitted for bids as normally required by law.
In any construction permitted by this subsection, the director must require that any new building, which includes a roof, designed, constructed and maintained with public funds of the state, a county or a municipality shall have a roof of sufficient slope so that water will not accumulate into a pool on any area of the roof, in accordance with the current state building code as it relates to roofs and roof structures.
NOTE: The purpose of this bill is to authorize the establishment of an in-house work force within the Division of Natural Resources of full-time employees with experience in the construction of recreational facilities to be used for the construction of new facilities at state parks and recreational facilities, rather than submitting this type of construction for bids.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.