H. B. 2210
(By Delegates Evans and Fragale)
[Introduced February 25, 1997; referred to the
Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend and reenact section three, article five, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to adding managing
state parks in a business-like manner to the purposes of the
parks and recreation section.
Be it enacted by the Legislature of West Virginia:
That section three, article five, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. PARKS AND RECREATION.
§20-5-3. Section of parks and recreation; purpose; powers and
duties generally.
The purposes of the section of parks and recreation shall
be:
(1) To manage the state parks in a business-like manner so as to continuously strive to maximize the net income or to
minimize the net loss of each state park and recreation area; and
(2) to promote conservation by preserving and protecting natural
areas of unique or exceptional scenic, scientific, cultural,
archaeological or historic significance and to provide outdoor
recreational opportunities for the citizens of this state and its
visitors. It shall be the duty of the section of parks and
recreation to have within its jurisdiction and supervision:
(a) All state parks and recreation areas, including all
lodges, cabins, swimming pools, motorboating and all other
recreational facilities therein, except the roads heretofore
transferred pursuant to section one, article four, chapter
seventeen of this code to the state road system and to the
responsibility of the commissioner of highways with respect to
the construction, reconstruction and maintenance of the roads or
any future roads for public usage on publicly owned lands for
future state parks, state forests and public hunting and fishing
areas;
(b) The authority and responsibility to do the necessary
cutting and planting of vegetation along road rights-of-way in
state parks and recreational areas;
(c) The administration of all laws and regulations relating
to the establishment, development, protection, use and enjoyment of all state parks and state recreational facilities consistent
with the provisions of this article;
(d) The continued operation and maintenance of the Berkeley
Springs historical state park, in Morgan County, as a state
recreational facility, designated the Berkeley Springs sanitarium
under prior enactment of this code;
(e) The continued operation and maintenance of that portion
of Washington Carver camp in Fayette County formerly incorporated
within the boundaries of Babcock state park;
(f) The continued operation and maintenance of Camp Creek
state park as a state recreational facility, formerly delineated
according to section three, article one-a, chapter nineteen of
this code;
(g) The continued operation and maintenance of Moncove Lake
state park as a state recreational facility, formerly delineated
pursuant to enactment of section thirteen, article one, chapter
five-b of this code in the year one thousand nine hundred ninety;
(h) The continued protection, operation and maintenance of
approximately seventy-five miles of right-of-way along the former
Greenbrier subdivision of the Chessie railroad system between
Caldwell in Greenbrier County and Cass in Pocahontas County,
designated the Greenbrier river trail, including the protection
of the trail from motorized vehicular traffic and operation for the protection of adjacent public and private property; and
(i) The continued protection, operation and maintenance of
approximately sixty and fifty-seven one-hundredths miles of
right-of-way of the CSX railway system between Walker in Wood
County and Wilsonburg in Harrison County, designated the North
Bend rail trail, including the protection of the trail from
motorized vehicular traffic and operation for the protection of
adjacent public and private property.
NOTE: The purpose of this bill is to add managing state
parks in a business like manner to the purposes of the parks and
recreation section.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.