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Virginia, 1931, as amended be repealed; that º20-5-3 of said code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.