H. B. 2535


(By Delegates Fleischauer, Beach,
Houston and Frich
[Introduced January 23, 2003; referred to the
Committee on Government Organization then the Judiciary.]



A BILL to amend and reenact section two, article one-a, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the rails to trails program generally; prohibiting access by certain motorized vehicles and setting forth penalties for violations.

Be it enacted by the Legislature of West Virginia:
That section two, article one-a, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1A. WEST VIRGINIA RAILS TO TRAILS PROGRAM.

§5B-1A-2. Rails to trails program.
There is continued within the state rail authority provided for in article eighteen, chapter twenty-nine of this code the "West Virginia Rails to Trails Program", the purpose of which is to acquire or assist with the acquisition of, and to develop or assist with the development of, abandoned railroad rights-of-way for interim use as public nonmotorized recreational trails.
Except for motorized vehicles responding to an emergency, including vehicles moving persons and equipment to fight forest fires, law-enforcement vehicles and motorized vehicles necessary for construction and maintenance of a trail, a motorized vehicle may not enter upon, drive upon or proceed beyond a gate, cable barrier, "do not enter" sign or other intentionally placed obstruction intended to prevent access to a trail established under the provisions of this article. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, in addition to any other penalties therefor, shall be fined five hundred dollars for a first offense and one thousand dollars for a second or subsequent offense.

NOTE: The purpose of this bill is to prohibit access by certain motorized vehicles except law enforcement, emergency and maintenance vehicles to trails established under the rails to trails program and setting forth penalties for violations.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.