SENATE CONCURRENT RESOLUTION NO. 54
(By Senators Beach, Kirkendoll, Facemire, Fitzsimmons, McCabe, Plymale, Williams, Barnes and Cole)
[Originating in the Committee on Transportation and Infrastructure]
Requesting the Joint Committee on Government and Finance to study the benefits of consolidating the definitions of “ATV” and similar vehicles for consistency throughout the West Virginia Code and of limiting liability for bike pathways and trail systems.
Whereas, Outdoor recreation involving all-terrain vehicles, other vehicles designed for off-road use and bikes is steadily increasing in popularity in West Virginia and across the country; and
Whereas, The establishment of the Hatfield-McCoy all-terrain vehicle (ATV) trail system has brought a demonstrated economic benefit to the counties in which the trail system is located and has shown West Virginia to be innovative in the development of opportunities for tourism and recreation; and
Whereas, The Legislature provided the seeds for the creation of this ATV trail system by establishing the Hatfield-McCoy Regional Recreational Authority and the legal framework for a multi-county project with participation of public entities, private individuals and businesses; and
Whereas, That essential legal framework included specific provisions defining and limiting the legal responsibilities of landowners and others with interests in property related to the trail system and the responsibilities of those using the trail system; and
Whereas, There are many additional areas within West Virginia that have comparable potential as outstanding tourism and recreation destinations if similar legal definitions and limits are established for property owners and property users; and
Whereas, The Code of West Virginia contains multiple definitions in various locations for the terms “ATV”, “all-terrain vehicle” and “utility terrain vehicle” that have the potential to diverge in inconsistent ways; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to study the benefits of consolidating the definitions of “ATV” and similar vehicles for consistency throughout the West Virginia Code and of limiting liability for bike pathways and trail systems; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the benefits of limiting liability for government and private entities relating to their acts and services provided in connection with bike pathways and trail systems, and to study the benefit of consolidating definitions for all-terrain vehicles and other off-road, recreational vehicles within a central reference area of the Code of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.