H. B. 2954
(By Delegates Craig, Leach, Morgan,
Sobonya, Stephens and Howard)
[Introduced
March 9, 2005
; referred to the
Committee on Government Organization then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17-27-1, §17-27-2,
§17-27-3 and §17-27-4, all relating to establishing a State
Trails Coordinator.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §17-27-1, §17-27-2,
§17-27-3 and §17-27-4, all to read as follows:
ARTICLE 27. STATE TRAIL COORDINATOR.
§17-27-1. Legislative findings.
(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 these 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
recreational trails improve the overall health, wellness, fitness
and overall 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.
§17-27-2. State Trail Coordinator; appointment; duties.
(a) There is hereby created within the Division of Highways
the position of State Trail Coordinator. No later than the first
day of January, two thousand six, 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 motorized and nonmotorized recreation vehicles,
water craft, 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 these entities and
serve as a resource to such entities.
(d) The Statewide Trail Coordinator has those powers and
duties recommended by the State Trails Advisory Committee and
approved by the Commissioner of the Division of Highways and also
the following powers and duties:
(1) Make recommendations to the Governor and the Commissioner
of the Division of Highways concerning development and maintenance
of trails;
(2) Coordinate with all trails interests the development and
maintenance of a state trails program, including the development
and promotion of a comprehensive state trails plan;
(3) Coordinate with all trails 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 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;
(10) Perform any 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 the Committee;
(12) Cooperate with state agencies and authorities regarding
the development, promotion and maintenance of trails within West
Virginia.
§17-27-3.State Trail Advisory Committee; appointment; duties.
(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 five, the
membership on the authority shall consist of fifteen voting
members:
(A) The chief executive officer of the West Virginia
development office, 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 Commissioner of the West Virginia Division of
Highways, 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' 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 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' 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 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, may 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 actual residents of the state.
(d) Members of the State Trails Advisory Committee may not be
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 shall constitute 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.
(g) The State Trails Advisory Committee shall meet at least
twice each year and any other times as are necessary and shall
annually elect one of its members as president and one of its
members as secretary.
(h) 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 multiyear 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.
§17-27-4.Reports by State Trails Coordinator.
The State Trails Coordinator shall report to the Governor as
to the progress being made in trails development and maintenance
activity within the state and shall report, at least annually, but
more often if requested, the financing considered necessary to
continue funding, if desired, of trail development and maintenance
activities.
NOTE: The purpose of this bill is
to establish the position of
State Trails Coordinator within the West Virginia Division of
Highways.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
