WEST virginia legislature
2020 regular session
House Bill 4545
By Delegates Westfall, Atkinson, Tomblin, Sypolt, Anderson, Cadle, Hott, Hartman, D. Kelly, and Dean
By Request of the Division of Natural Resources
[Introduced January 27, 2020; Referred to the Committee on Agriculture and Natural Resources then the Judiciary]
A BILL to amend and reenact §20-5-2 of the Code of West Virginia, 1931, as amended; relating to the powers of the director with respect to the Section of Parks and Recreation payment for retail licensee purchases from the Alcohol Beverage Control Commissioner.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. PARKS AND RECREATION.
§20-5-2. Powers of the director with respect to the Section of Parks and Recreation.
(a) 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 1994 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.
(b) The Director of the Division of Natural Resources shall:
(1) 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;
(2) 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
§20-1-20 et seq. of this code 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 §5A-10-1 et seq. of this code: 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;
(3) 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: Provided, That all revenues derived from the operation of the state parks and public recreation system shall be invested by the Treasurer and all proceeds from investment earnings shall accrue for the exclusive use for the operation, maintenance, and improvement of the system, individual projects of the system or for the retirement of park development revenue bonds;
(4) Effectively promote and market the state’s parks, state forests, state recreation areas and wildlife recreational resources by approving the use of no less than 20 percent of the:
(A) Funds appropriated for purposes of advertising and marketing expenses related to the promotion and development of tourism, pursuant to §29-22-18(j) of this code; and
(B) Funds authorized for expenditure from the Tourism Promotion Fund for purposes of direct advertising, pursuant to §5B-2-12 and §29-22A-10 of this code;
(5) Issue park development revenue bonds as provided in this article;
(6) Provide for the construction and operation of cabins, lodges, resorts, restaurants and other developed recreational service facilities, subject to the provisions of §20-5-15 and §20-1-20 of this code;
(7) The director may sell timber that has been severed in a state park incidental to the construction of park facilities or related infrastructure where the construction is authorized by the Legislature in accordance with §20-1-20 of this code, and the sale of the timber is otherwise in the best interest of park development, without regard to proceeds derived from the sale of timber. The gross proceeds derived from the sale of timber shall be deposited into the operating budget of the park from which the timber was harvested;
(8) Propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to control the uses of parks: Provided, That the director may not permit public hunting, except as otherwise provided in this section, the exploitation of minerals or the harvesting of timber for commercial purposes in any state park;
(9) Exempt designated state parks from the requirement that all payments must be deposited in a bank within 24 hours for amounts less than $500 notwithstanding any other provision of this code to the contrary: Provided, That such designated parks shall make a deposit in any amount no less than every seven working days;
(10) Provide that a licensee authorized by the West Virginia Alcohol Beverage Control Administration operating at a state park location pursuant to §60-1-1 et seq. may pay in arrears by check or EFT on invoices issued for the sale of alcoholic liquor and nonintoxicating beer by a supplier or distributor licensed pursuant to §60-1-1 et seq and §11-16-1 et seq. of this code.
(10) (11) 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 legislative approval in accordance with
§29A-3-1 et seq. of this code governing the free use of picnic shelters
or cabins provided 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; (11) (12) 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; (12) (13) 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; (13) (14) 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; (14) (15) 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 (15) (16) Notwithstanding the provisions of
§20-2-58 of this code, the Natural Resources Commission is authorized to
promulgate rules in accordance with the provisions of §29A-3-1 et seq.
of this code to permit and regulate the hunting of white-tail deer in any state
park as considered appropriate by the director to protect the ecological
integrity of the area. (16) (17) Permit the use of drones within state parks,
forests, and rail trails. Persons who intend to operate an unmanned aircraft
system shall register at the area superintendent’s office prior to engaging or
participating in the operation of any unmanned aircraft system and specify
where the activity will take place. A superintendent may only prohibit, issue
directives, or implement time and place restrictions on unmanned aircraft
system use in areas or portions thereof in order to: (i) Protect the safety and
privacy of other park users; (ii) protect area facilities, (iii) protect the
peaceful and quiet atmosphere of the area; or (iv) prevent harassment of
wildlife. Upon registration the superintendent shall provide a list and map to
the unmanned aircraft system operator of any prohibited areas within the park.
Participants in drone operation activities assume full responsibility and
liability for any risk or injury related to using an unmanned aircraft system.
NOTE: The purpose of this bill is to permit the Alcohol Beverage Control Commission licensees operating at state park locations to pay in arrears on invoices for alcohol purchases issued by licensed distributors and suppliers.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.