Senate Bill No. 556
(By Senators Helmick, Sharpe, Chafin, Prezioso, Plymale, Edgell,
Love, Bailey, Bowman, McCabe, Unger, Minear, Boley, Facemyer,
Yoder, Guills and Sprouse)
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[Originating in the Committee on Finance;
reported February 10, 2006.]
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A BILL to amend and reenact §20-5-15 of the Code of West Virginia,
1931, as amended, relating to operational contracts within the
state parks and public recreational system; amending the
requirement of prior legislative approval and authorization;
and requiring legislative notice.
Be it enacted by the Legislature of West Virginia:
That §20-5-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. PARKS AND RECREATION.
§20-5-15. Certain operational contracts within the state parks and
public recreational system limited to ten years'
duration; renewal at option of director; termination
of contract by the director; necessity for
legislative notice before certain recreational
facilities are placed under contract.
When it is considered necessary by the director 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 establishment within the state parks and public
recreational 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 director's discretion for an additional term or terms
not to exceed ten years at the time of renewal.
Prior to
initiating Upon execution of a contract for the operation of a
state park lodge,
cabin, campground, gift shop, golf facility,
including pro shop operations, or ski facility, the director shall
submit
written notice of the specific location
which would be
subject to the contract to the Legislature
by letter to the Senate
President and the Speaker of the House of Delegates for its
approval and authorization:
Provided, That for contracts for gift
shops or golf facilities in specific locations operated under
contract on the effective date of this section, and contracts for
a duration of not more than one year which provide for options to
renew for not more than five succeeding years, notice to the Joint
Committee on Government and Finance
, but not specific legislative
authorization and approval, is required prior to execution of the
contract.
Any contract entered into by the director shall provide an
obligation upon the part of the operator that he or she maintain a level of performance satisfactory to the director and shall further
provide that any contract may be terminated by the director in the
event he or she determines that the performance is unsatisfactory
and has given the operator reasonable notice of the termination.
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