H. B. 4342
(By Delegates Martin, Argento, Caputo,
Eldridge, Hrutkay, Perdue, Morgan,
Stemple, Talbott, Tucker and Walters)
[Introduced January 30, 2008; referred to the
Committee on Government Organization then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto four new sections, designated §5B-2-9a,
§5B-2-9b, §5B-2-9c and §5B-2-9d, all relating to creating a
State Trail Authority within the Development Office;
authorizing the authority to appoint a Statewide Trail
Coordinator and to hire District Trail Coordinators;
specifying the powers of the State Trail Authority; and
specifying powers and duties of Statewide Trail Coordinator
and District Trail Coordinators.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto four new sections, designated §5B-2-9a, §5B-2-9b,
§5B-2-9c and §5B-2-9d, all to read as follows:
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§5B-2-9a. 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) As of the effective date of this section, membership
on the authority shall consist of fifteen voting members:
(A) Thirteen members shall be those persons designated in
executive order #2-96 and executive order #6-03 who constitute the
members of the Recreational Trail Advisory Board established by
said executive orders;
(B) One member shall be the director of the West Virginia
Bureau for Public Health, or his or her designee; and
(C) One member shall be the director of the West Virginia
Development Office, or his or her designee.
(2) The Statewide Trail Coordinator shall be an ex officio
nonvoting member.
(c) The chairman of the Recreational Trail Advisory Board
shall serve as chairman of the authority until the first day of
July, two thousand nine, or until a successor chairman has been
elected by the members of the authority, whichever is later.
(d) The members of the authority in office as of the effective
date of this section shall, unless sooner removed, continue to
serve until their successors have been appointed and qualified.
(e) (1) On the first day of July, two thousand nine, the
membership on the authority shall consist of fifteen voting members:
(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 Bureau for Public
Health, or his or her designee;
(E) The Director of the West Virginia Development Office, or
his or her designee;
(F) The Commissioner of the West Virginia Division of Tourism
or his or her designee;
(G) Four members appointed by the Governor, by and with the
consent of the Senate, representing the interests of nonmotorized
trail users, and qualified for service by reason of the members'
actual involvement in this type of activity or industry. The four
members shall be appointed so as to equally represent the broadest
range of nonmotorized uses of the trails in the State of West
Virginia including hiking, cross-country skiing, bicycling and
horseback riding;
(H) Four members appointed by the Governor, by and with the
consent of the Senate, representing the interests of motorized
trail users, and qualified for service by reason of the members' actual involvement in this type of activity or industry. The four
members shall be appointed so as to equally represent the broadest
range of motorized uses of the trails in the State of West Virginia
including all-terrain vehicle riding, four-wheel driving,
snowmobiling and off highway motorcycling;
(I) One member appointed for a term of four years, by and with
the consent of the Senate, representing the interest of the general
public and who, to be qualified for service, shall not derive in
any manner personal financial gain from the development, operation,
maintenance or preservation of recreational trails in the State of
West Virginia.
(2) The Statewide Trail Coordinator and the chairman of the
Recreational Trails Advisory Board shall be ex officio nonvoting
members.
(f) Before the first day of July, two thousand nine, the
Governor, by and with the consent of the Senate, shall appoint:
(1) One member who represents the general public, 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 four years;
(2) 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;
(3) 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
(4) 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. All appointments made
thereafter shall be for a term of four years.
(g) All members who serve on the authority shall be citizens
and actual residents of the State of West Virginia.
(h) Members of the authority are not entitled to compensation
for services performed as members. 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 constitutes a
quorum for the purpose of conducting business. Members may
participate in meetings via teleconference.
(i) Any member may be eligible for reappointment. A member
shall continue to serve until his or her successor has been
appointed and qualified.
(j) The Governor may remove any member from the authority for
neglect of duty, incompetency or official misconduct.
(k) 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-2-9b. Powers of State Trail Authority.
The authority has the following powers:
(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-2-9c. Statewide Trail Coordinator.
(a) On or before the first day of January, two thousand nine,
the State Trail Advisory Board 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 also the
following powers and duties:
(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.
(11) On or before January first of each year beginning in two
thousand ten, submit an annual report to the Governor and the
Legislature. The annual report shall include: A summary of the
actions of the Statewide Trail Coordinator and the District Trail
Coordinators; a copy of minutes for each meeting of the State Trail
Authority; and a written copy of all proposals for any action
recommended by the State Trail Authority, the Statewide Trail
Coordinator and the District Trail Coordinators.
§5B-2-9d. District Trail Coordinators.
(a) The District Trail Coordinators have those powers and
duties determined by the State Trail Authority, and also the
following powers and duties:
(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 the 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 which they were appointed to represent.
NOTE:
The purpose of this bill is to establish a State Trail
Authority. The bill authorizes the appointment of a Statewide
Trail Coordinator and to hire District Trail Coordinators,
specifies the powers of the State Trail Authority and sets forth
the powers and duties of Statewide Trail Coordinator and District
Trail Coordinators.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.