Senate Bill No. 611
(By Senator Fanning)
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[Introduced February 16, 2007; referred to the Committee on
Natural Resources.]
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A BILL to amend and reenact
§
20-5-16 of the Code of West Virginia,
1931, as amended, relating to allowing the Director of the
Division of Natural Resources to enter into long-term
contracts with third parties to construct recreational
facilities and cabins.
Be it enacted by the Legislature of West Virginia:
That
§
20-5-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. PARKS AND RECREATION
.
§20-5-16. Authority to enter into contracts with third parties to
construct recreational facilities and cabins; public
comment.
(a) Notwithstanding any other provision of this code to the
contrary, in addition to all other powers and authority vested in the director, he or she is hereby authorized and empowered to:
(1) Enter into contracts with third parties for the financing,
construction and operation of recreational, lodging and ancillary
facilities
at Chief Logan State Park, Beech Fork State Park,
Tomlinson Run State Park, Stonewall Jackson Lake State Park and,
Lost River State Park and Canaan Valley Resort State Park. The
contracts may allow and recognize both direct and subsidiary
investment arrangements. The term of the contracts may not exceed
a period of twenty-five years, at which time the full title to the
recreational facilities shall vest in the state;
(2) Enter into contracts with third parties for the
construction, but not the operation, of cabins at any state park or
forest.
Upon completion of the construction of the cabins, full
title to the cabins shall immediately vest in the state and the
cabins shall be operated by the parks and recreation section;
(3) Authorize the construction of at least five cabins by any
single third party in state parks and state forests which do not
offer such facilities on the effective date of this subsection; and
(4) Propose emergency and legislative rules, in accordance
with the provisions of article three, chapter twenty-nine-a of this
code, that set the conditions upon which the director may enter
into a contract with a single third party proposing to construct
cabins.
(b) All contracts shall be presented to the Joint Committee on Government and Finance for review and comment prior to execution.
(c) A contract may provide for renewal for the purpose of
permitting continued operation of the facilities at the option of
the director for a term or terms not to exceed ten years.
(d) No extension or renewal beyond the original 25-year term
may be executed by the director absent the approval of the Joint
Committee on Government and Finance.
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(NOTE: The purpose of this bill is to allow the Director of
the Division of Natural Resources to enter into long-term contracts
with third parties to allow the recovery of their financial
investment in the development of major recreational facilities in
select state parks.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
)