Senate Bill No. 775
(By Senators Fanning, Barnes, Bowman, Deem, Facemyer, Green,
McKenzie, Prezioso, Unger and White)
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[Originating in the Committee on Natural Resources;
reported February 18, 2007.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §20-1-19; and to
amend and reenact §20-1-20 of said code, all relating to the
state parks and state forests of West Virginia; designating
the state parks and state forests; requiring statutory
approval to
close, change the name or change the designated
use of
a state park or state forest; and clarifying
limitations on acquiring land or constructing new buildings on
a state park or state forest.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §20-1-19; and that §20-
1-20 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-19. West Virginia state parks and state forests.
(a) The state parks of West Virginia are:
(1) Audra; (2) Babcock; (3) Beartown; (4) Beech Fork; (5)
Berkeley Springs; (6) Blackwater Falls; (7) Blennerhassett Island
Historical; (8) Bluestone; (9) Cacapon Resort; (10) Camp Creek;
(11) Canaan Valley Resort; (12) Carnifex Ferry Battlefield; (13)
Cass Scenic Railroad; (14) Cathedral; (15) Cedar Creek; (16) Chief
Logan; (17) Droop Mountain Battlefield; (18) Fairfax Stone
Historical Monument; (19) Hawks Nest; (20) Holly River; (21) Little
Beaver; (22) Lost River; (23) Moncove Lake; (24) North Bend; (25)
Pinnacle Rock; (26) Pipestem Resort; (27) Prickett's Fort; (28)
Stonewall Resort; (29) Tomlinson Run; (30) Tu-Endie-Wei (Point
Pleasant Battle Monument); (31) Twin Falls Resort; (32) Tygart
Lake; (33) Valley Falls; (34) Watoga; and (35) Watters Smith
Memorial.
(b) The state forests of West Virginia are:
(1) Cabwaylingo; (2) Calvin Price; (3) Camp Creek; (4) Coopers
Rock; (5) Greenbrier; (6) Kanawha; (7) Kumbrabow; (8) Panther; and
(9) Seneca.
(c) Neither the director nor any officer, employee or agent of
the Division of Natural Resources may close, change the name or the
designated use of a state park or state forest without statutory
authorization.
§20-1-20. Limitations on state parks and state forests;
exceptions.
(a)(1) The Legislature finds that the acquisition of land to
construct new or expand existing state parks and state forests is
costly. After these areas are constructed, they must be maintained
and personnel must be employed to operate the facilities. These
costs continue to increase and place a burden on state revenues.
(2) The Legislature declares that there is an ultimate limit
to how many state parks and state forests, based upon its size,
population and financial resources, the State of West Virginia can
support. Further, the Legislature hereby declares that it is
within its authority to establish, provide for and maintain limits
on state parks and state forests.
(b) Without written notice to the Joint Committee on
Government and Finance, neither the director nor an officer,
employee or agent of the Division of Natural Resources may:
(1) Acquire, or authorize the acquisition of, land for any new
state park or state forest; or
(2) Construct, or authorize the construction of, any new
facility or building in any state park or state forest.
(c) Notice to the Joint Committee on Government and Finance is
not required for the following acquisitions and construction
projects:
(1) The director may authorize the construction of any new
facility or building that is constructed with donated funds,
materials and labor in an existing state park or state forest; and
(2) The director may construct or authorize the construction
of any new facility or building built by state employees when the
total cost of materials does not exceed twenty-five thousand
dollars.
(d) Nothing in this section shall prohibit the director from
expending any appropriations that are designated to complete land
acquisitions or the construction of facilities and buildings,
including electric, water and sewage systems for state parks and
state forests.
(e) The director shall require that any new building has a
roof of sufficient slope in accordance with the current state
building code.
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(NOTE: The purpose of this bill is to designate the state
parks and state forests of West Virginia in the code and to
clarify
that statutory authorization is required to close, change the name
or change the designated use of
a state park or state forest.
§20-1-19 is new and §20-1-20 has been completely rewritten;
therefore, strike-throughs and underscoring have been omitted.)
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