Introduced Version House Bill 3092 History

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H. B. 3092

(By Mr. Speaker, Mr. Kiss, and Delegate Browning)
[Introduced March 18, 2005; referred to the
Committee on Political Subdivisions then the Judiciary.]

A BILL to amend and reenact §20-14-2 of the Code of West Virginia, 1931, as amended, relating to adding the counties of Mercer and Raleigh as participating members of the Hatfield-McCoy Regional Recreational Authority.

Be it enacted by the Legislature of West Virginia:
That §20-14-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§20-14-2. Definitions.

Unless the context clearly requires a different meaning, the terms used in this section have the following meanings:
(a) "Authority" means the Hatfield-McCoy Regional Recreational Authority;
(b) "Board" means the Board of the Hatfield-McCoy Regional Recreational Authority;
(c) "Charge" means, for purposes of limiting liability for recreational purposes set forth in this article, the amount of money asked in return for an invitation to enter or go upon the land, including a one-time fee for a particular event, amusement, occurrence, adventure, incident, experience or occasion as set by the authority: Provided, That the authority may set charges in differing amounts for different categories of participants, including, but not limited to, in-state and out-of-state participants, as the authority sees fit;
(d) "Hatfield-McCoy recreation area" means a system of recreational trails and appurtenant facilities, including trail head centers, parking areas, camping facilities, picnic areas, recreational areas, historic or cultural interpretive sites and other facilities that are a part of the system;
(e) "Land" includes, but is not limited to, roads, water, watercourses, private ways and buildings, structures and machinery or equipment thereon when attached to the realty;
(f) "Owner" includes, but is not limited to, tenant, lessee, occupant or person in control of the premises;
(g) "Recreational purposes" includes, but is not limited to, any one or any combination of the following noncommercial recreational activities: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, motorcycle or all-terrain vehicle riding, bicycling, horseback riding, nature study, water skiing, winter sports and visiting, viewing or enjoying historical, archaeological, scenic or scientific sites or otherwise using land for purposes of the user;
(h) "Participating county" means the counties of Boone, Lincoln, Logan, Mercer, McDowell, Mingo, Raleigh, Wayne and Wyoming and, with the approval of the Board, any other county or counties where trails and other recreational facilities relating to the Hatfield-McCoy recreation area are developed in the future with the cooperation of the county commission.

NOTE: The purpose of this bill is to add the counties of Mercer and Raleigh to the counties that participate in the Hatfield-McCoy Regional Recreational Authority.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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