H. B. 4667
(By Delegates Frich, Marshall, Houston,
Tansill, Tucker, Manchin and Canterbury)
[Introduced February 21, 2006; 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-2-15, 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 Trail Coordinator; creating a
State Trails Advisory Committee; specifying the
responsibilities of the 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.