COMMITTEE SUBSTITUTE
FOR
H. B. 2017
(By Delegates Love, Fragale and Ryan)
(Originating in the Committee on Finance)
[February 3, 1995]
A BILL to amend article one, chapter five-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
seventeen-a, relating to the division of natural resources;
mandating the director to waive the fee for use of picnic
shelters or cabins in a state recreation area for an
individual or group donating materials and labor for the
construction of a shelter or cabin; limiting the waiver so
that it does not exceed the value of materials and labor
donated; providing that this waiver shall be both
prospective and retroactive; and requiring the director to
promulgate a legislative rule.
Be it enacted by the Legislature of West Virginia:
That article one, chapter five-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seventeen-a, to read as follows:
ARTICLE 1. DIVISION OF PARKS AND RECREATION.
§5B-1-17a. Free use of picnic shelters and cabins in state recreation areas.
The director of the division of natural resources shall
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 such 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
such 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 promulgate a
legislative rule in accordance with the provisions of chapter
twenty-nine-a of this code governing the free use of picnic
shelters or cabins provided for in this section, the eligibility
for such free use, determining the value of the donations of
labor and materials, the appropriate definitions of a group, andthe maximum time limit for such use.