Senate Bill No. 341
(By Senators Anderson, Dittmar, Walker, Manchin, Craigo,
Holliday, Humphreys, Blatnik, Wiedebusch, Macnaughtan, Yoder,
Miller, Tomblin, Schoonover, Chernenko, Helmick, Claypole,
Ross, Lucht, Grubb, Jones, Whitlow, Dalton, Wooton, Wagner,
Boley, Sharpe, Withers, Minard, Bailey, Burdette,
Mr. President, Chafin and Plymale)
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[Introduced February 14, 1994; referred to the Committee
on Finance.]
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A BILL to amend and reenact section fifteen, article one, chapter
five-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the commissioner
of the division of tourism and parks to enter into contracts
in excess of ten years and other contracts.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article one, chapter five-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF TOURISM AND PARKS.
§5B-1-15. Contracts for operation of commissaries, restaurants,
recreational facilities and other establishments limited to
ten years' duration; renewal at option of commissioner;
termination of contract by the commissioner; necessity for
prior legislative approval before any lodge, cabin, camping,
golf or gift shop facilities are placed under contract.
(a) When it is deemed necessary by the commissioner to enter
into a contract with a person, firm or corporation, foundation or
public agency for the operation of a commissary, restaurant,
recreational facility or other such establishment within the
state parks and public recreation system, such contract shall be
for a duration not to exceed ten years, but a contract so made
may provide for an option to renew at the commissioner's
discretion for an additional term or terms not to exceed ten
years at the time of renewal. Attempts to initiate contractual
operation of state park lodges, cabins, campgrounds, or gift
shops must first be legislatively authorized by specific
location.
Any contract entered into by the commissioner shall provide
an obligation upon the part of the operator that he or she
maintain a level of performance satisfactory to the commissioner,
and shall further provide that any such contract may be
terminated by the commissioner in the event he or she determines
that such performance is unsatisfactory and has given the
operator reasonable notice thereof.
(b) When it is deemed necessary by the commissioner to enter into a
contract with a person, firm or corporation for the development
of revenue producing facilities within the state parks and publicrecreation system for a period of more than ten years, such
contract shall be at least a one million dollar level of
investment for such revenue producing facilities. The term of
the investment contract may be up to twenty-five years of
duration at the determination of the commissioner and based upon
the amount of the investment and the achievement of the
environmental, recreational and cultural goals of the state park
or recreation areas system of this state.
Any contract so entered into may provide for an option to
renew at the discretion of the commissioner for an additional
term not to exceed an additional fifteen-year term at the time of
renewal.
Any such investment contract entered into by the
commissioner shall contain a provision for the purchase of the
investment upon an event of default on the part of the investor
on the contract. Such purchase may be exercised only for default.
The purchase price of the investment shall be determined by
determining a percentage by dividing the number of years
remaining in the term of the contract at the time of default by
the number of years of the term of the contract and then reducing
the purchase price by such percentage of the amount of the
investment. The amount of the investment shall be the actual
cost of constructing the facilities, not including overhead,
called for in the contract, as certified by a certified public
accountant at the time the facilities are completed. The
contract shall provide that the payments to the defaultinginvestor shall be made in equal payments yearly during the
remaining period of the term of the contract.
(c) The commissioner may not solicit nor enter into
contracts, except for the operation of a commissary, restaurant
or marina for a period of less than ten years, until a master
plan for the administration of that state park or recreation area
has been developed. He or she shall supervise the preparation of
the plan and may utilize the staff of the division of natural
resources or any other state governmental agency whose expertise
he or she desires to enlist in the preparation thereof. The
commissioner shall solicit public participation and involvement
in all stages of the preparation of the plan and in the
preparation of any requests for proposals for the development of
a revenue producing facility, as described herein, with a
contract duration in excess of ten years. The plan shall be
consistent with the environmental, recreational and cultural
goals of the state park and recreation areas system of the state
and, to the extent practical, with the public comments and input
received during plan development.
(d) If the commissioner considers a proposal for the
development of a revenue producing facility, as described herein,
such proposal shall be made available to the public in a
convenient location in the county wherein the proposed facility
may be located. The commissioner shall publish a notice of the
proposal by Class I legal advertisement in accordance with the
provisions of article three, chapter fifty-nine of this code. The publication area is the county in which the proposed facility
would be located. Any citizen may communicate by writing to the
commissioner his or her opposition or approval to such proposal
within a period of not less than thirty days from the date of the
publication of notice.
(e) No contract of a term greater than ten years may be
entered into by the commissioner until a public hearing is held
in the vicinity of the location of the proposed facility with at
least two weeks notice of such hearing by Class I publication
pursuant to section two, article three, chapter fifty-nine of
this code. The commissioner shall make findings prior to
rendering a decision on any proposed contract of a duration of
more than ten years. All studies, records, documents and other
materials which are considered by the commissioner in making such
findings as required herein shall be made available for public
inspection at the time of the publication of the notice of public
hearing and at a convenient location in the county where the
proposed development may be located.
The commissioner shall make rules in accordance with chapter
twenty-nine-a of this code for the conduct of the hearing
required by this section. Persons attending such hearings shall
be permitted a reasonable opportunity to be heard on the proposed
development.
At such hearing the commissioner shall present in writing
the following findings and supporting statements therefor:
(1) That the proposed development will not deprive users ofthe state park or recreational area of existing recreational
facilities in any significant fashion;
(2) That the proposed development will not have substantial
negative impact on the environmental, scenic or cultural
qualities of the said park or area; and
(3) That the proposed development, considered as a whole, is
of benefit to the recreational goals of the state and is
consistent with the master plan developed for that park or
recreational area.
(f) Following a public hearing as prescribed herein any
interested person may submit to the commissioner written comments
on the proposed development. All comments made at a hearing, in
addition to those received in writing within thirty days after
any such hearing, shall be considered by the commissioner in the
determination of whether to approve the proposed development.
(g) The commissioner may not enter into any contract of a
duration of more than ten years unless all procedures and
requirements as prescribed by this section have been complied
with.
(h) The commissioner shall make a decision whether to
approve any proposal to enter into a contract for a duration of
more than ten years within sixty days after the conclusion of the
hearing as specified herein.
NOTE: The purpose of this bill is to require that attempts
by the commissioner to enter into contracts with state park
lodges, cabins, campgrounds or gift shops must be legislativelyauthorized by specific location.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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