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Senate Bill 341 History
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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED
COMMITTEE SUBSTITUTE
FOR
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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[Originating in the Committee on Finance;
reported February 25, 1994.]
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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 authorizing the
commissioner of the division of tourism and parks to enter
into contracts in excess of ten years and other contracts
for the operation of a commissary, restaurant, recreational
facility or other establishment within the state parks and
public recreational system; requiring the commissioner to
get legislative authorization prior to initiating a
contract; and providing for termination of any contract upon
reasonable notice.
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 facility, including pro shop operations, ski facility
or gift shop facilities are placed under contract.
When it is considered necessary by the commissioner to enter
into a contract with a person, firm, 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, the contract shall be
for a duration not to exceed ten years, but the contract 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. Prior to initiating a contract for the
operation of a state park lodge, cabin, campground, gift shop,
golf facility, including pro shop operations, or ski facility,
the commissioner shall submit the specific location which would
be subject to the contract to the Legislature for its approval
and authorization.
Any contract entered into by the commissioner shall provide
an obligation upon the part of the operator that he or shemaintain a level of performance satisfactory to the commissioner,
and shall further provide that any contract may be terminated by
the commissioner in the event he or she determines that the
performance is unsatisfactory and has given the operator
reasonable notice of the termination.