§ 41-23-140 — Definitions; Commission Created; Composition; Staff; Duties; Annual Report

Alabama § 41-23-140

• Jurisdiction: Alabama
• Title 41: State Government
• Ch. 23: Department of Economic and Community Affairs
• Art. 8: Alabama Trails Commission

Text

(a) For the purposes of this article, the term trail means any form of paved or unpaved trail including freshwater and saltwater paddling trails. The term trail user community includes, but is not limited to, the following: Paved and unpaved trail users, hikers, bicyclists, users of off-highway vehicles, paddlers, equestrians, disabled outdoor recreational users, and commercial recreational interests.
(b) There is created within the Alabama Department of Economic and Community Affairs, the Alabama Trails Commission which shall advance development, interconnection, and use of trails in this state and as further provided in this article. The commission shall be composed of the following members:
(1) Two members recognized for expertise in trail development, management, or use, appointed by the Governor and representing the trail user community.
(2) One member recognized for expertise in trail development, management, or use, appointed by the Lieutenant Governor and representing the trail user community.
(3) One member recognized for expertise in trail development, management, or use, appointed by the Speaker of the House of Representatives and representing the trail user community.
(4) One member appointed by the Director of the Alabama Department of Economic and Community Affairs.
(5) One member appointed by the Director of the state Department of Transportation.
(6) One member appointed by the Director of the Department of Tourism.
(7) One member appointed by the Commissioner of the Department of Conservation and Natural Resources.
(8) One staff member from the Governor’s office appointed by the Governor.
(9) One member who shall be a representative of the regional planning councils appointed by the Governor.
(10) One member representing counties appointed by the Association of County Commissions of Alabama.
(11) One member representing municipalities appointed by the Alabama League of Municipalities.
(12) One member appointed by the Business Council of Alabama.
(c) The term of all appointees appointed after July 1, 2016, shall be for four years unless otherwise specified. The appointees may be reappointed for not more than two consecutive terms by the same appointing authority. All other appointees shall serve until a successor is appointed.
(d) The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(e) The commission shall be located for administrative purposes within the Alabama Department of Economic and Community Affairs and the department shall provide necessary staff assistance to the commission. Notwithstanding the foregoing, the commission may be transferred for administrative and staff assistance purposes to another state agency or department upon approval by a three-fourths vote of the commission and the approval of the Director of the Department of Economic and Community Affairs and the director of the state agency or department accepting the transfer.
(f) The duties of the commission shall include the following:
(1) Develop and support the Alabama Trails System.
(2) Facilitate a statewide system of interconnected landscape linkages, conservation corridors, greenbelts, recreational corridors and trails, scenic corridors, utilitarian corridors, reserves, regional parks and preserves, ecological sites, and cultural/historic/recreational sites using land-based trails that connect urban, suburban, and rural areas of the state and facilitate expansion of the statewide system of freshwater and saltwater paddling trails.
(3) Recommend priorities for critical links in the Alabama Trails System and coordinate local needs goals and leadership to accomplish this mission.
(4) Review designation proposals for inclusion in the Alabama Trails System.
(5) Encourage public-private partnerships to develop and manage trails.
(6) Review progress toward meeting goals for the establishment and operation of the Alabama Trails System and recommend appropriate action.
(7) Make recommendations for updating and revising the implementation plan for the Alabama Trails System.
(8) Promote trail support organizations.
(9) Support the Alabama Trails System through intergovernmental coordination, advocacy, education, alternative funding sources, and any other appropriate way.
(10) Organize and coordinate a nonprofit tax deductible corporation that should be expected to aggressively serve Alabama trails in enterprises normally beyond the reach of government, such as fundraising, coordination of local and national institutions similarly intended, and supporting education and civic outreach.
(g) The commission shall establish procedures for conducting its affairs in execution of the duties and responsibilities stated in this section, which operating procedures shall include determination of a commission chair and other appropriate operational guidelines. The commission shall meet at the call of the chair, or at other times as may be prescribed by its operating procedures. The commission may establish committees to conduct the work of the commission and the committees may include nonmembers as appropriate.
(h) A vacancy on the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Members whose terms have expired may continue to serve until replaced or reappointed.
(i) The commission shall report annually to the Legislature detailing progress, plans, and milestones in its conduct of duties authorized by this article and to what extent the commission is in compliance with the diversity provisions provided for in this article.

Legislative History

(Act 2010-585, p. 1313, §1; Act 2016-149, §1.)