H. B. 3024
(By Delegates Houston, Renner and Susman)
[Introduced February 14, 2003; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact section two, article five, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to state parks generally; and
providing for a minimum number of room accommodations at state
parks for people with small domestic animals.
Be it enacted by the Legislature of West Virginia:
That section two, article five, 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 5. PARKS AND RECREATION.
§20-5-2. Powers of the director with respect to the section of
parks and recreation.
The director of the division of natural resources is responsible for the execution and administration of the provisions
in this article as an integral part of the parks and recreation
program of the state and shall organize and staff the section of
parks and recreation for the orderly, efficient and economical
accomplishment of these ends. The authority granted in the year
one thousand nine hundred ninety-four to the director of the
division of natural resources to employ up to six additional
unclassified personnel to carry out the parks functions of the
division of natural resources is continued.
The director of the division of natural resources shall:
(a) Establish, manage and maintain the state's parks and
recreation system for the benefit of the people of this state and
do all things necessary and incidental to the development and
administration of the state's parks and recreation system;
(b) Acquire property for the state in the name of the division
of natural resources by purchase, lease or agreement; retain,
employ and contract with legal advisors and consultants; or accept
or reject for the state, in the name of the division, gifts,
donations, contributions, bequests or devises of money, security or
property, both real and personal, and any interest in the property,
including lands and waters, for state park or recreational areas for the purpose of providing public recreation: Provided, That the
provisions of section twenty, article one of this chapter are
specifically made applicable to any acquisitions of land:
Provided, however, That any sale, exchange or transfer of property
for the purposes of completing land acquisitions or providing
improved recreational opportunities to the citizens of the state is
subject to the procedures of article one-a of this chapter:
Provided further, That no sale of any park or recreational area
property, including lands and waters, used for purposes of
providing public recreation on the effective date of this article
and no privatization of any park may occur without statutory
authority;
(c) Approve and direct the use of all revenue derived from the
operation of the state parks and public recreation system for the
operation, maintenance and improvement of the system, individual
projects of the system or for the retirement of park development
revenue bonds;
(d) Approve the use of no less than twenty percent of the:
(i) Funds appropriated for purposes of advertising and marketing
expenses related to the promotion and development of tourism,
pursuant to subsection (j), section eighteen, article twenty-two, chapter twenty-nine of this code; and (ii) funds authorized for
expenditure from the tourism promotion fund for purposes of direct
advertising, pursuant to section twelve, article two, chapter
five-b of this code and section ten, article twenty-two-a, chapter
twenty-nine of this code, to effectively promote and market the
state's parks, state forests, state recreation areas and wildlife
recreational resources;
(e) Issue park development revenue bonds as provided in this
article;
(f) Provide for the construction and operation of cabins,
lodges, resorts, restaurants and other developed recreational
service facilities, subject to the provisions of section fifteen of
this article and section twenty, article one of this chapter;
(g) Propose rules to control uses of the parks, subject to the
provisions of chapter twenty-nine-a of this code: Provided, That
the director may not permit public hunting, the exploitation of
minerals or the harvesting of timber for commercial purposes in any
state park;
(h) Exempt designated state parks from the requirement that
all payments must be deposited in a bank within twenty-four hours
for amounts less than two hundred fifty dollars notwithstanding any other provision of this code to the contrary;
(i) Waive the use fee normally charged to an individual or
group for one day's use of a picnic shelter or one week's use of a
cabin in a state recreation area when the individual or group
donates the materials and labor for the construction of the picnic
shelter or cabin: Provided, That the individual or group was
authorized by the director to construct the picnic shelter or cabin
and that it was constructed in accordance with the authorization
granted and the standards and requirements of the division
pertaining to the construction. The individual or group to whom
the waiver is granted may use the picnic shelter for one reserved
day or the cabin for one reserved week during each calendar year
until the amount of the donation equals the amount of the loss of
revenue from the waiver or until the individual dies or the group
ceases to exist, whichever first occurs. The waiver is not
transferable. The director shall permit free use of picnic
shelters or cabins to individuals or groups who have contributed
materials and labor for construction of picnic shelters or cabins
prior to the effective date of this section. The director shall
propose a legislative rule for promulgation in accordance with the
provisions of article three, chapter twenty-nine-a of this code governing the free use of picnic shelters or cabins provided for in
this section, the eligibility for free use, the determination of
the value of the donations of labor and materials, the appropriate
definitions of a group and the maximum time limit for the use;
(j) Provide within the parks a market for West Virginia arts,
crafts and products, which shall permit gift shops within the parks
to offer for sale items purchased on the open market from local
artists, artisans, craftsmen and suppliers and local or regional
crafts cooperatives;
(k) Provide that reservations for reservable campsites may be
made, upon two days advance notice, for any date for which space is
available within a state park or recreational area managed by the
parks and recreation section;
(l) Provide that reservations for all state parks and
recreational areas managed by the parks and recreation section of
the division may be made by use of a valid credit card; and
(m) Develop a plan to establish a centralized computer
reservation system for all state parks and recreational areas
managed by the parks and recreation section and to implement the
plan as funds become available; and
(n) Provide a minimum number of room accommodations at a slight additional charge at state parks for people with small
domestic animals to reserve and rent.
NOTE: The purpose of this bill is to provide a minimum number
of rooms at state parks for people with small domestic animals.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.