ENROLLED
Senate Bill No. 556
(By Senators Helmick, Sharpe, Chafin, Prezioso, Plymale, Edgell, Love,
Bailey, Bowman, McCabe, Unger, Minear, Boley, Facemyer, Yoder, Guills and
Sprouse)
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[Passed March 10, 2006; in effect from passage.]
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AN ACT to amend and reenact §20-5-15 of the Code of West Virginia,
1931, as amended, relating to operational contracts within the
state parks and public recreational system; removing the
requirement of prior legislative approval and authorization;
and requiring legislative notice and public hearings for
certain contracts.
Be it enacted by the Legislature of West Virginia:
That §20-5-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. PARKS AND RECREATION.
§20-5-15. Authority to enter into certain operational contracts;
terms and conditions; necessity for legislative
notice and public hearing before certain facilities
are placed under contract.
(a) The director may enter into a contract with a person, firm, corporation, foundation or public agency for the operation of
a commissary, restaurant, recreational facility or other
establishment within the state parks and public recreational
system, for a duration not to exceed ten years, but the contract
may provide for an option to renew at the director's discretion for
an additional term or terms not to exceed ten years at the time of
renewal. Prior to initiating of a contract for the operation of a
state park lodge, cabin, campground, gift shop, golf facility,
including pro shop operations, or ski facility, the director shall
submit written notice of the specific location subject to the
contract to the Legislature by letter to the Senate President and
the Speaker of the House of Delegates.
(b) Prior to initiating a contract for a previously state-
operated state park lodge, cabin, campground, gift shop, golf
facility, including pro shop operations, or ski facility, the
director shall conduct a public hearing to be held at a reasonable
time and place within the county in which the facility is located.
Notice of the time, place and purpose of the public hearing shall
be provided as a Class II legal advertisement in accordance with
the provisions of section two, article three, chapter fifty-nine of
this code which notice shall be given at least for the first
publication twenty days in advance of said hearing.
(c) Any contract entered into by the director shall provide an
obligation upon the part of the operator that he or she maintain a level of performance satisfactory to the director and shall further
provide that any contract may be terminated by the director in the
event he or she determines that the performance is unsatisfactory
and has given the operator reasonable notice of the termination.