HB0777I

SECOND REGULAR SESSION

HOUSE BILL NO. 777

88TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE HOSMER.

Pre-Filed December 1, 1995 and 1000 copies ordered printed.

DOUGLAS W. BURNETT, Chief Clerk

L1923.01I

AN ACT

Relating to parks and recreation.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section 1. As used in sections 1 to 7 of this act, the following terms mean:

(1) "Board", the Missouri recreational trails advisory board;

(2) "Department", the Missouri department of natural resources;

(3) "Director", the director of the Missouri department of natural resources;

(4) "Fund", the Missouri recreational trails fund;

(5) "Motor vehicle fuel taxes", those taxes imposed on gasoline, used for propelling motor vehicles;

(6) "Nonhighway recreational use", off-road use by such vehicles as motorcycles, all-terrain vehicles, three wheelers, and four-wheel drives;

(7) "Recreational trail", a thoroughfare or track across land or snow, used for recreational purposes such as bicycling, cross-country skiing, walking, day hiking, equestrian activities, jogging or similar fitness activities, trail biking, overnight and long-distance backpacking, and vehicular travel by motorcycle, four-wheel drive or all-terrain off-road vehicles, without regard to whether it is a national recreation trail designated under section 4 of the National Trails System Act, 16 U.S.C. 1243.

Section 2. There is hereby created within the state treasury the "Missouri Recreational Trails Fund". Notwithstanding the provisions of section 142.230, RSMo, to the contrary, the office of administration, in consultation with the department of natural resources, shall make a reasonable estimate of motor vehicle fuel taxes collected from the sale of gasoline for nonhighway recreational use, excluding fuel taxes on motor boats. Notwithstanding any other provision of law to the contrary, such amount not already refunded in accordance with section 142.230, RSMo, shall be transferred annually by the state treasurer from the motor fuel tax fund created in section 142.345, RSMo, to the Missouri recreational trails fund. Deposits to the fund may also include gifts, bequests, trail registration fees, or other contributions of money. All interest accrued by this fund will remain in the fund and not be deposited to the general revenue fund. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, money in the Missouri recreational trails fund shall not revert to the credit of the general revenue fund at the end of the biennium.

Section 3. The director, using amounts available in the fund shall administer a program allocating moneys to applicants for the purpose of providing and maintaining recreational trails in the state.

Section 4. 1. Moneys made available under sections 1 to 7 of this act are to be used on trails and trail related projects that have been identified in and further the goals of specific plans, or that address trail needs as identified in the statewide comprehensive outdoor recreation plan, or for the following purposes:

(1) Administration of the program;

(2) Construction of new trails on public or private properties within the state of Missouri, where a recreational need for such construction is shown;

(3) Development of urban trail linkages near homes and workplaces;

(4) Maintenance of existing recreational trails;

(5) Restoration of areas damaged by usage of recreational trails;

(6) Development of trail-side and trail-head facilities;

(7) Provision of features which facilitate the access and use of trails by persons with disabilities;

(8) Acquisition of easements for trails;

(9) Acquisition of fee simple title to property from a willing seller, when the objective of the acquisition cannot be accomplished by acquisition of an easement or by other means; and

(10) Operation of environmental protection and safety education programs relating to the use of recreational trails.

2. Moneys made available under sections 1 to 7 of this act shall not be used for the following purposes:

(1) Condemnation of any kind of interest in property;

(2) Upgrading, expanding, or otherwise facilitating motorized use or access to recreation trails existing on the effective date of this section, that are predominantly used by nonmotorized trail users and on which motorized use is either prohibited or has not occurred.

3. Any use of allocated money from the fund on private property shall be accompanied by an easement or other legally binding agreement that ensures public access to the recreational trail and associated facilities.

Section 5. 1. No more than ten percent of the money may be used by the department to administer the program. In addition to general administration, the money may be used to reimburse board members and for studies relating to trails. The money shall be available to the department upon deposit of moneys to the fund and not subject to reimbursement procedures established for grant allocations.

2. The department may make grants to private individuals, organizations, city, county, state and federal governments, or other governmental entities, as approved by the board. Moneys shall be allocated for the reimbursement of expenditures on approved projects and not in advance. The department shall establish procedures to verify that recipients comply with specific conditions for the use of grant moneys.

3. Moneys in the fund shall be distributed in the following manner: at least thirty percent of the moneys shall be reserved for trail use relating to motorized recreation; at least thirty percent of the moneys shall be reserved for nonmotorized trail use; and the remaining forty percent shall be discretionary. To the extent possible, the discretionary moneys shall be used on projects that accommodate the greatest number of compatible trail uses and that provide innovative recreational trail corridor sharing to accommodate both motorized and nonmotorized trail use. If the grant requests do not equal the moneys made available by use of this formula, the board may distribute the remaining moneys to other projects that meet the requirements of sections 1 to 7 of this act.

Section 6. Allocated moneys not expended on approved projects within two years shall remain in the fund and shall be reallocated according to the provisions of sections 1 to 7 of this act.

Section 7. 1. There is hereby created and established the "Missouri Recreational Trails Advisory Board".

2. The board shall consist of fifteen members; seven voting members and seven alternates representing trail user interests, and one nonvoting member representing the division of state parks. Members shall be appointed by the director from state trail user groups after the director makes a statewide request for nominees. Representatives of the following user interests shall be appointed:

(1) Hiking;

(2) Off-highway motorcycling;

(3) Horseback riding;

(4) All-terrain vehicle riding;

(5) Bicycling;

(6) General trail interests; and

(7) Uses for persons with disabilities.

3. All members, except the division of state parks representative, shall serve on the board for three-year terms. When the board is first established, four appointees will serve for a term of one year, five appointees will serve for a term of two years, and five appointees will serve for a term of three years.

4. It shall be the duty of the board to advise the department on:

(1) Establishing a rating system for evaluating proposed trail projects, to rate proposed projects for funding, and to allocate money from the fund for approved projects;

(2) Receiving and disbursing federal and state funds made available to the state for trail purposes, including the education of the public and trail users, promotion of multiple use and trail etiquette; and

(3) Accepting gifts, bequests, trail registration fees or contributions of money or other real or personal property to be expended for the purposes of sections 1 to 7 of this act.

5. The department shall provide all staff support and office space for the board.

6. The nongovernmental board members shall serve without pay, but shall, to the extent funds are available, be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.