H. B. 4078
(By Delegates Morgan, Martin, Argento, Beach, Eldridge,
Hartman,
D. Poling, Staggers, Andes, Porter and Rowan)
[Introduced January 17, 2008; referred to the
Committee on Government Organization.]
A BILL to amend and reenact º29-8-2, º29-8-3, º29-8-4 and º29-8-5
of the Code of West Virginia, 1931, as amended, 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.
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 amended and reenacted, all to read
as follows:
ARTICLE 8. BLENNERHASSETT ISLAND HISTORICAL STATE PARK COMMISSION.
§29-8-2. Blennerhassett Island Historical State Park Commission
established; members; terms; meeting; quorum;
compensation; expenses termination.
(a) There is within the Division of Natural Resources the
Blennerhassett Island historical state park commission. All
assets, real and personal property, debts, liabilities, duties,
powers and authority are the property of the division of natural
resources. The Blennerhassett Island historical state park
commission is maintained as an advisory commission as hereinafter
provided. The commission is composed of ten members who must be
citizens and residents of this state, appointed by the Governor for
terms of four years, by and with the advice and consent of the
Senate: Provided, That the terms of all members previously
appointed to the Blennerhassett Island historical state park
commission prior to any amendment and reenactment of this section
shall continue for the periods originally specified and no member
serving as of the effective date of the amendment and reenactment
need be reappointed.
(b) Each member must be qualified to carry out the functions
of the commission under this article by reason of his or her
special interest, training, education or experience.
No person may be eligible to appointment as a member who is an
officer or member of any political party executive committee; or
the holder of any other public office or public employment under
the United States government or the government of this state or a
political subdivision of this state. Not more than six members may
belong to the same political party.
(c) The commission shall elect a chairman from among its
members on the second Monday in September of each year.
(d) All members are eligible for reappointment once by the
Governor. A member shall, unless sooner removed, continue to serve
until his or her term expires and his or her successor has been
appointed and has qualified. A vacancy caused by the death,
resignation or removal of a member prior to the expiration of his
or her term shall be filled only for the remainder of term.
(e) For the purpose of carrying out its powers, duties and
responsibilities under this article, six members of the commission
constitute a quorum for the transaction of business. Each member
is entitled to one vote. The commission shall meet at a time and
place designated by the chairman at least four times each fiscal
year. Additional meetings may be held when called by the chairman
or when requested by five members of the commission or by the
Governor. All meetings shall comply with the provisions of article
nine-a, chapter six of this code. Each member shall be reimbursed
for all reasonable and necessary expenses actually incurred in the
performance of his or her duties under this article.
(f) The commission shall advise the Division of Natural
Resources in all matters relating to the development, establishment
and maintenance of the Blennerhassett Island historical state park.
(g) All employee positions in the former Blennerhassett Island
historical state park commission transferred to the Division of Commerce by a previous amendment and reenactment of this section
are continued in the classified service of the civil service system
pursuant to article six of this chapter. Any person included in
the classified service by the provisions of this section who is
employed in any of these positions as of the effective date of any
amendment and reenactment of this section shall not be required to
take and pass qualifying or competitive examinations upon or as a
condition to being added to the classified service: Provided, That
no person included in the classified service by the provisions of
this section who is employed in any of these positions as of the
effective date of any amendment and reenactment of this section, be
thereafter severed, removed or terminated from such employment
prior to his or her entry into the classified service except for
cause as if the person had been in the classified service when
severed, removed or terminated.
(h) Notwithstanding any provision of this code to the
contrary, the Division of Natural Resources is vested with
exclusive regulatory authority over watercraft transport of
visitors to the Blennerhassett Island portion of the Blennerhassett
Island historical state park and the watercraft transport of these
visitors is not subject to the provisions of article eighteen,
chapter seventeen of this code.
(I) Notwithstanding the provisions of section fifty-eight,
article two, chapter twenty of this code, the Natural Resources Commission shall promulgate rules pursuant to the provisions of
section seventeen, article one, chapter twenty and section three,
article one, chapter twenty-nine-a of this code to permit and
regulate the hunting of white-tailed deer at Blennerhassett Island
historical state park.
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.
§29-8-3. General powers of Division of
commerce Natural Resources
with respect to the Blennerhassett Island Historical
State Park.
The administrator of the Division of
Commerce Natural
Resources, with respect to developing and maintaining
Blennerhassett Island Historical State Park, may exercise all
powers and duties granted to
him and the administrator and his
or
her predecessor in respect to the development and operation of
other state parks, and in addition, is specifically authorized to:
(1) Establish and maintain an office in the county of Wood;
(2) Exercise his
or her powers in the state of Ohio to the
extent permitted by the laws of the state of Ohio;
(3) Enter into any agreement with the state of Ohio or any
person, firm or corporation therein for the provision of
electricity, water, sewer and such similar services to
Blennerhassett Island as are necessary;
(4) Own or operate, or both, individually or in conjunction
with any other public agency or any private person, firm or
corporation, such facilities and equipment as he
or she considers
necessary or convenient for the implementation of his
or her duties
under this article. Without limiting the generality of the
foregoing, such facilities and equipment may include boats, docks,
an amphitheatre, parking facilities, the reconstructed
Blennerhassett mansion and other buildings; and
(5)
Promulgate rules and regulations Propose rules for
legislative approval, in accordance with the provisions of chapter
twenty-nine-a of this code, to implement and make effective the
powers and duties vested
in him by the provisions of provided in
this article and take such other steps as may
, in his discretion,
be necessary or expedient for the proper and effective development
of Blennerhassett Island and related locations in the county of
Wood into a major educational, cultural and recreational
attraction.
§29-8-4. Duties of Division of commerce Natural Resources with
respect to the development of Blennerhassett Island.
Within the limit of funds available from this state, the
United States and any other source, whether public or private, the
administrator shall:
(1) Plan and execute a program for the development of
educational, cultural and recreational attractions related to
events known or believed to have occurred on and near
Blennerhassett Island; and
(2) Plan and execute a program for the development of
Blennerhassett Island and related locations in the county of Wood
so as to preserve and enhance the island and related locations as
a significant historical, natural and archaeological resource of
importance to this state and the nation.
In carrying out his duties under subdivisions (1) and (2) of
this section, he shall, as near as practicable, adhere to the
recommendations and plans for development contained in the
documents prepared for the Blennerhassett historical commission,
submitted to the Blennerhassett historical park commission on the
eighteenth day of February, one thousand nine hundred seventy-five,
and titled as follows: (a) Summary report for the development of
Blennerhassett Island, (b) physical master plan, (c) interpretive
master plan, (d) environmental impact and (e) market and economic
impact.
§29-8-5. Cooperation of state agencies and local government with
Blennerhassett historical state park commission and
the Division of commerce Natural Resources; powers of
local government with respect to development.
(a) All other state and local governmental personnel and
agencies shall cooperate to the fullest possible extent with the
commission and the division to accomplish the proper and effective
development of Blennerhassett Island and related locations in the
county of Wood into a major educational, cultural and recreational
attraction.
(b) The county of Wood, the city of Parkersburg, any other
municipality in the county and any board, commission, authority,
agency or other
office created under authority thereof authorized
legal entity may
in its discretion, engage in any activity or
undertaking designed to assist
the commission and the division in
the proper and effective development of Blennerhassett Island and
related locations in the county of Wood into a major educational,
cultural and recreational attraction.
NOTE: The purpose of this bill is to terminate the
Blennerhassett Island Historical State Park Commission. The
termination is exempt from the wind down provisions of §4-10-12.
The powers of the commission are transferred to the Division of
Natural Resources.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.
This bill is recommended for passage during the 2008 Regular
Session by the Joint Standing Committee on Government Organization.