WEST virginia legislature

2018 regular session

Committee Substitute

for

Senate Bill 508

By Senators Maynard and Cline

[Originating in the Committee on Natural Resources; Reported on February 23, 2018]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2J-1, §5B-2J-2, §5B-2J-3, §5B-2J-4, and §5B-2J-5, all relating to establishing a State Trail Authority within the Development Office; establishing composition of authority; providing for Governor to appoint certain members; providing terms of members; allowing for reimbursement for certain expenses of members not employed by the state; authorizing the authority to appoint a statewide trail coordinator and to hire district trail coordinators; specifying the powers of the State Trail Authority; specifying powers and duties of statewide trail coordinator and district trail coordinators; and providing a sunset provision.

Be it enacted by the Legislature of West Virginia:

Article 2J.  West Virginia State Trail Authority.

§5B-2J-1. State Trail Authority.

(a) There is hereby created within the West Virginia Development Office an independent State Trail Authority, which is a body corporate and politic, constituting a public corporation and government instrumentality.

(b)(1) The authority shall consist of 15 voting members comprised of:

(A) The chief executive officer of the West Virginia Division of Highways, or his or her designee;

(B) The chief executive officer of the West Virginia Division of Natural Resources, or his or her designee;

(C) The Director of the West Virginia Division of Rehabilitative Services, or his or her designee;

(D) The Director of the West Virginia Development Office, or his or her designee;

(E) The Commissioner of the West Virginia Division of Tourism, or his or her designee;

(F) The Secretary of the Department of Environmental Protection, or his or her designee;

(2) Before July 1, 2019, the Governor, by and with the consent of the Senate, shall appoint:

(A) One member who represents the public, one member who represents the interests of nonmotorized trail users, and one member who represents the interests of motorized trail users for a term of four years;

(B) One member who represents the interests of nonmotorized trail users, and one member who represents the interest of motorized trail users for a term of three years;

(C) One member who represents the interests of nonmotorized trail users, and one member who represents the interests of motorized trail users for a term of two years; and

(D) One member who represents the interests of nonmotorized trail users, and one member who represents the interest of motorized trail users for a term of one year.

(E) All members who serve on the authority shall be citizens and actual residents of the State of West Virginia.

(F) Members not employed by the state may be reimbursed for actual and necessary expenses incurred in the discharge of their official duties in a manner consistent with guidelines of the travel management office of the department of administration. A majority of these members constitute a quorum for the purpose of conducting business. Members may participate in meetings via teleconference.

(G) Any member may be eligible for reappointment. A member shall continue to serve until his or her successor has been appointed and qualified.

(H) The Governor may remove any member from the authority for neglect of duty, incompetency, or official misconduct.

(I) The authority shall meet at least once each year and shall annually elect one of its members as president and one of its members as secretary.

§5B-2J-2. Powers of State Trail Authority.

The authority may:

(1) Appoint a statewide trail coordinator and set the salary, term of office, powers, and duties of the statewide trail coordinator;

(2) Pursuant to the recommendation of the statewide trail coordinator, hire, fix the compensation of, and discharge district trail coordinators to represent each congressional district, and set the powers and duties of district trail coordinators;

(3) Hire, fix the compensation of, and discharge any other employees necessary to carry out the duties of the State Trail Authority.

(4) Acquire and receive federal money and grants, gifts, donations, contributions, bequests or devises of money, security or property, and any other funding for the development, operation, maintenance, and preservation of trails in West Virginia;

(5) Prioritize development and maintenance of trails;

(6) Coordinate funding for trails;

(7) Cooperate, and enter into cooperative agreements with other entities to further the development and maintenance of trails in West Virginia;

(8) Update and revise a statewide trail plan every five years and develop implementation strategies for the statewide trail plan; and

(9) Perform such other duties as to further development and maintenance of trails in West Virginia.

§5B-2J-3. Statewide trail coordinator.

(a) On or before January 1, 2019, the State Trail Authority shall appoint a statewide trail coordinator to serve at the will and pleasure of the authority.

(b) As used in this article, “trails” includes, but is not limited to, trails used for hiking, walking, recreation, cross-country skiing, biking, mountain biking, equestrian activities, trails used by all-terrain vehicles or motorized and nonmotorized water vessels, trails intended to improve fitness, wellness and quality of life, and trails used as alternate transportation corridors.

(c) The statewide trail coordinator has those powers and duties determined by the State Trail Authority and may:

(1) Make recommendations to the State Trail Authority concerning development and maintenance of trails;

(2) Develop and maintain a state trails program;

(3) Coordinate all trails in West Virginia, including connecting existing trails and providing for connection of future trails;

(4) Promote trails, including incorporating alternate transportation paths into road planning;

(5) Coordinate maintenance of trails, including promoting cooperative maintenance with local entities;

(6) Develop and maintain a standardized information accessibility and signage system for all trails;

(7) Develop and maintain a trail user policy to minimize trail use conflicts;

(8) Collaborate with private landowners to encourage landowner support of trails;

(9) Develop and maintain a funding program for trails; and

(10) Perform such other duties as to further develop and maintain trails in West Virginia.

§5B-2J-4. District trail coordinators.

(a) The district trail coordinators have those powers and duties determined by the State Trail Authority and may:

(1) Coordinate trail development and maintenance on a regional basis;

(2) Address funding needs on a regional basis;

(3) Advise the statewide trail coordinator on regional trail needs;

(4) Make recommendations to the statewide trail coordinator concerning development and maintenance of trails; and

(5) Perform such other duties as to further develop and maintain trails in West Virginia.

(b) District trail coordinators must reside in the congressional district that they were appointed to represent.

§5B-2J-5. Continuation.

The State Trail Authority shall continue to exist pursuant to the provisions of §4-10-1 et seq. of this code until July 1, 2022, unless sooner terminated, continued, or reestablished pursuant to the provisions of §4-10-1 et seq. of this code.