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Enrolled Version - Final Version House Bill 4078 History

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Key: Green = existing Code. Red = new code to be enacted
ENROLLED


H. B. 4078


(By Delegates Morgan, Martin, Argento, Beach, Eldridge,

Hartman, D. Poling, Staggers, Andes, Porter and Rowan)


[Passed March 7, 2008; in effect ninety days from passage.]



AN ACT to repeal º29-8-2, º29-8-3, º29-8-4 and º29-8-5 of the Code of West Virginia, 1931, as amended; to amend and reenact º20-5-3 of said code; to amend and reenact º29-8-1, all relating to the termination of the Blennerhassett Island Historical State Park Commission; exempting the termination of the commission from the wind down provisions of §4-10-12; and providing for the transfer of all remaining property and authority of the commission to the Division of Natural Resources parks and recreation section.

Be it enacted by the Legislature of West Virginia:

That º29-8-2, º29-8-3, º29-8-4 and º29-8-5 of the Code of West Virginia, 1931, as amended be repealed; that º20-5-3 of said code be amended and reenacted; and that º29-8-1 of said code be amended and reenacted, all to read as follows:

CHAPTER 20. NATURAL RESOURCES.

ARTICLE 5. PARKS AND RECREATION.


§20-5-3. Section of parks and recreation; purpose; powers and duties generally.

The purposes of the section of parks and recreation shall be to promote conservation by preserving and protecting natural areas of unique or exceptional scenic, scientific, cultural, archaeological or historic significance and to provide outdoor recreational opportunities for the citizens of this state and its visitors. It shall be the duty of the section of parks and recreation to have within its jurisdiction and supervision:
(a) All state parks and recreation areas, including all lodges, cabins, swimming pools, motorboating and all other recreational facilities therein, except the roads heretofore transferred pursuant to section one, article four, chapter seventeen of this code to the state road system and to the responsibility of the commissioner of highways with respect to the construction, reconstruction and maintenance of the roads or any future roads for public usage on publicly owned lands for future state parks, state forests and public hunting and fishing areas;
(b) The authority and responsibility to do the necessary cutting and planting of vegetation along road rights-of-way in state parks and recreational areas;
(c) The administration of all laws and regulations relating to the establishment, development, protection, use and enjoyment of all state parks and state recreational facilities consistent with the provisions of this article;
(d) The continued operation and maintenance of the Berkeley Springs historical state park, in Morgan County, as a state recreational facility, designated the Berkeley Springs sanitarium under prior enactment of this code;
(e) The continued operation and maintenance of that portion of Washington Carver camp in Fayette County formerly incorporated within the boundaries of Babcock state park;
(f) The continued operation and maintenance of Camp Creek state park as a state recreational facility, formerly delineated according to section three, article one-a, chapter nineteen of this code;
(g) The continued operation and maintenance of Moncove Lake state park as a state recreational facility, formerly delineated pursuant to enactment of section thirteen, article one, chapter five-b of this code in the year one thousand nine hundred ninety;
(h) The continued protection, operation and maintenance of approximately seventy-five miles of right-of-way along the former Greenbrier subdivision of the Chessie railroad system between Caldwell in Greenbrier County and Cass in Pocahontas County, designated the Greenbrier river trail, including the protection of the trail from motorized vehicular traffic and operation for the protection of adjacent public and private property;
(i) The continued protection, operation and maintenance of approximately sixty and fifty-seven one-hundredths miles of right- of-way of the CSX railway system between Walker in Wood County and Wilsonburg in Harrison County, designated the North Bend rail trail, including the protection of the trail from motorized vehicular traffic and operation for the protection of adjacent public and private property; and
(j) The continued development, operation and maintenance of Blennerhassett Island Historical State park, including all the property, powers and authority previously held by the Blennerhassett Island Historical State Park Commission formerly delineated pursuant to article eight, chapter twenty-nine of this
code
.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 8. BLENNERHASSETT ISLAND HISTORICAL STATE PARK COMMISSION.
§29-8-1. Blennerhassett Island Historical State Park Commission termination.

The Blennerhassett Island Historical State Park Commission shall cease to exist on the first day of July, two thousand eight. The termination of the commission is exempt from the wind down provisions of section twelve, article ten, chapter four of this code. All members of the commission duly appointed and serving shall cease to hold the office or perform the duties that the office may provide. All property, real or tangible, all powers, expressed or implied, and all authority granted to the commission transfers to the Division of Natural Resources effective upon passage of this section.
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