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Introduced Version House Bill 4342 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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