Senate Bill No. 187
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
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[Introduced January 24, 2000, ; referred to the Committee
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact section sixteen, article five, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to the division of natural
resources and the construction of recreational facilities and
cabins by third parties; authorizing the director of the
division of natural resources to enter into contracts with
third parties for the construction and operation of
recreational facilities at any state park, forest and wildlife
management area; providing a minimum number of cabins to be
constructed by a single third party; providing that title to
cabins immediately vest in the state; and providing that
cabins shall be operated by the parks and recreation section
of the division of natural resources.
Be it enacted by the Legislature of West Virginia.
That section sixteen, article five, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one as amended,
be amended and reenacted as follows:
ARTICLE 5. PARKS AND RECREATION.
§20-5-16. Authority to enter into contracts with third parties to
construct recreational
facilities.
Notwithstanding any other provision of this code to the
contrary, in addition to all other powers and authority vested in
the director, he or she is hereby authorized and empowered to enter
into contracts with third parties for the construction and
operation of recreational facilities at any state park, forest and
wildlife management area: Chief Logan state park, Beech Fork state
park, Tomlinson Run state park and Stonewall Jackson lake state
park Provided, That the term of the contracts may not exceed a
period of twenty-five years, at which time the full title to the
lodge recreational facilities shall vest in the state: Provided,
however, That the minimum number of cabins to be constructed by any
single third party shall be no less than five: Provided further,
That upon completion of construction of cabins, full title to the
cabins shall immediately vest in the state and the cabins shall be
operated by the parks and recreation section: And provided however further, That contracts shall be presented to the joint committee
on government and finance for review and comment prior to
execution: And provided further, That the contract may provide for
renewal for the purpose of permitting continued operation of the
facilities at the option of director for a term or terms not to
exceed ten years: And provided further, That no extension or
renewal beyond the original twenty-five-year term may be executed
by the director absent the approval of the joint committee on
government and finance.
NOTE: The purpose of this bill is to authorize the Director of
the Division of Natural Resources (DNR) to enter into contracts
with third parties for the construction and operation of
recreational facilities at any state park, forest and wildlife
management area, establish a minimum number of cabins to be
constructed by a third party, establish that title to cabins shall
vest in the state, and that cabins will be operated by the parks
and recreation section of DNR.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.