Senate Bill No. 510
(By Senators Prezioso, Kessler, McCabe, Foster, Edgell, Oliverio
and Hunter)
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[Introduced February 7, 2006; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto four new sections, designated §5B-2-15, §5B-2-16,
§5B-2-17 and §5B-2-18, all relating to creating the position of
State Trails Coordinator within the Development Office; providing
certain legislative findings regarding trails; listing the powers
of the State Trails Coordinator; creating a State Trails Advisory
Committee; specifying the responsibilities of the State Trails
Advisory Committee; and providing for reports.
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-2-15, §5B-2-16,
§5B-2-17 and §5B-2-18, all to read as follows:
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§5B-2-15. Declaration of findings and purposes of State
Coordinated Trails System.
(a) In order to provide for the outdoor needs of the state's population and tourists for public access to, travel within, and
enjoyment and appreciation of the out-of-doors areas of the
state, it is hereby declared to be the public policy of this
state and among the purposes of this article to: Increase the
accessibility and encourage the use of such natural resources by
the residents of this state and by nonresidents; provide
opportunity for the development of public and private facilities
for persons visiting and utilizing the natural resources of this
state; encourage an increase in riding, hiking, bicycling and
other compatible recreational activities as influences for the
improvement of the health and welfare of the people; and to
provide for the needs of specialized recreational motor vehicles.
It is recognized that joint simultaneous trail use by motorized
and nonmotorized interests may at times be incompatible, and it
is the intent of this article to provide separate trails and
facilities for each of such motorized and nonmotorized interests,
when feasible. It is further recognized that recreational trails
improve the overall health, wellness, fitness and welfare of the
citizens of the state and that the existence of recreational
trails results in the increase of value of nearby real property
while enhancing community and economic development.
(b) To implement the provisions of subsection (a) of this section
and as additional purposes of this article, the state may:
Establish and maintain trails on a statewide basis to connect,
when feasible and practical, the units of the parks and outdoor
recreation system, federal recreational lands, and other trails systems; perpetuate and provide the use of and access to regions
and trails of special or historic interest within the state;
assist local governments in serving the requirements of the urban
and other population centers of the state; encourage the multiple
use of public rights-of-way and utilize to the fullest extent the
existing and future scenic roads, highways, parkways and
federally administered trails where feasible as recreational
trails; encourage the development and maintenance of recreational
trails by counties and municipalities and assist in such
development and maintenance by all means available; coordinate
trail plans and development among legal jurisdictions and with
the state and federal governments; encourage, when possible, the
development of trails on federal lands by the federal government;
and promote at all levels of government a more complete use of
all or any portion of public property for recreational purposes.
§5B-2-16. State trail coordinator.
(a) There is hereby created within the development office the
position of state trail coordinator. On or before the first day
of January, two thousand seven, the Governor, by and with the
consent
of the Senate, shall appoint a statewide trail coordinator to
serve at the will and pleasure of the Governor.
(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, trails used as alternate
transportation corridors, water-oriented trails which provide a
designated path to or along lakes, streams or reservoirs in which
water and other water-oriented recreational opportunities are the
primary points of interest and historical trails which identify
and interpret routes which were significant in the historical
settlement and development of the state.
(c) Notwithstanding the provisions of subsection (d) of this
section, the state trails coordinator has no authority or control
over any existing or future state agency or any authority which
is created for the purpose of enabling and facilitating the
development and operation of a system of trail-oriented
recreation facilities, but instead shall cooperate with such
entities and serve as a resource to such entities.
(d) The statewide trail coordinator has those powers and duties
determined by the Director of the Development Office and also the
following duties:
(1) Make recommendations to the Governor and the Director of the
Development Office concerning development and maintenance of
trails;
(2) Coordinate with all trails interests in the development and
maintenance of a state trails program, including the promotion of
a state trails plan;
(3) Coordinate with all trail interests in the state, 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 sign 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;
(10) Perform such other duties as to further develop and maintain
trails in the state;
(11) Collaborate with the State Trails Advisory Committee and
review recommendations made by such committee;
(12) Cooperate with state agencies and authorities regarding the
development, promotion and maintenance of trails within West
Virginia; and
(13) Assist in the transfer of trail technology.
§5B-2-17. State Trail Advisory Committee.
(a) The Governor shall appoint a citizens' advisory council to
assist the state trails coordinator with the implementation of
his or her mission and policy objectives.
(b) (1) On the first day of July, two thousand six, 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 representing the
interests of nonmotorized trail users, and qualified for service
by reason of the members' 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 including hiking, cross-country skiing, bicycling
and horseback riding;
(H) Four members appointed by the Governor representing the
interests of motorized trail users, and qualified for service by
reason of the members' 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 including all-terrain vehicle riding, four-wheel
driving, snowmobiling and off-highway motorcycling;
(I) One member appointed for a term of four years representing
the interest of the general public and who, to be qualified for
service, does not derive in any manner personal financial gain
from the development, operation, maintenance or preservation of
recreational trails in the state.
(2) The statewide trail coordinator shall be an ex officio
nonvoting member.
(c) All members who serve on the Trails Advisory Committee shall
be citizens and residents of the state.
(d) Members of the State Trails Advisory Committee 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.
(e) Any member may be eligible for reappointment. A member shall
continue to serve until his or her successor has been appointed
and qualified.
(f) The Governor may remove any member from the authority for
neglect of duty, incompetency or official misconduct. The State
Trails Advisory Committee shall meet at least twice each year and such other times as are necessary and shall annually elect one of
its members as president and one of its members as secretary.
(g) The purpose of the State Trails Advisory Committee is to:
(1) Make recommendations to the Governor regarding persons who
might be considered for the position of state trails coordinator;
(2) Provide a forum for discussion of issues that affect the
development and maintenance of trails within the state;
(3) Identify and promote best practices in the development and
maintenance of trails;
(4) Review information and research that can inform state policy;
(5) Make recommendations to the state trails coordinator in areas
of policy and allocation of resources;
(6) Focus attention on accountability and results;
(7) Assist the state trails coordinator in developing a
cross-agency multi-year state plan for improving the development
and maintenance of trails;
(8) Engage local communities through local trail networks to work
on local issues and statewide priorities;
(9) Assure that community voices are heard by the state trail
coordinator; and
(10) Provide recommendations to the state trails coordinator for
funding for development and maintenance of trails.
§5B-2-18. Reports.
The state trails coordinator shall report annually to the
Governor and the Legislature as to the progress being made on the
development and maintenance of trails and the financing needed to continue trail development and maintenance activities.
NOTE: The purpose of this bill is to
establish the position of
state trails coordinator within the West Virginia Development
Office. The bill also lists certain legislative findings and the
State Trail Coordinator certain powers and authority. Under the
bill, a State Trails Advisory Committee is created with certain
responsibilities, including recommending a person for the
position of State Trails Coordinator.
§§
5B-2-15, 5B-2-16, 5B-2-17 and 5B-2-18
are new; therefore,
strike-throughs and underscoring have been omitted.