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:
ARTICLE 14. HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY.
§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.