AN ACT relating to parks and tourism.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 148.795 is amended to read as follows:
(1) As used in this section:
(a) "Agreement" means a recreational land use agreement where at least one (1) party is a government entity as defined in this section;
(b) "Government" or "governmental entities" means any government entity of the Commonwealth, including state government agency, city, county, urban-county, consolidated local government, or charter county;
(c) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery when attached to the realty;
(d) "Owner" means a private individual, corporation, or government who possesses a fee interest in the land; and
(e) "Recreational purpose" includes but is not limited to any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, bicycling, horseback riding, pleasure driving, nature study, waterskiing, winter sports, all-terrain vehicle riding, and viewing or enjoying historical, archaeological, scenic, or scientific sites.
(2) The Kentucky Recreational Trails Authority is hereby established and attached to the Office of the Secretary[Department of Tourism], Commerce Cabinet, for the purpose of planning and implementing programs to expand tourism opportunities for off-road activities that are pertinent to nonmotorized and motorized vehicle use, including but not limited to pedestrians, bicycles, mountain bicycles, horses, all-terrain vehicles (ATVs), and off-highway vehicles (OHVs), on designated lands in Kentucky. Membership of the authority shall consist of the following:
(a) A chairman, selected from its members[who shall be an employee of the Department of Tourism prior to his appointment,] to be designated by the Governor[commissioner of the Department of Tourism];[ and]
(b) [Initial ]Membership shall include the following[eleven (11)] members:
1. Two (2) representatives of the Kentucky Motorcycle Association, to be appointed by the Governor from a list of five (5) nominees selected by the association. The initial term of one member shall expire one (1) year after the date of appointment. The initial term of the other member shall expire two (2) years after the date of appointment;
2. One (1) member of the League of Kentucky Sportsmen, appointed by the Governor. The initial term of this member shall expire one (1) year after the date of appointment;
3. One (1) member of the Kentucky Council of Area Development Districts, appointed by the Governor. The initial term of this member shall expire four (4) years after the date of appointment;
4. Two (2) members selected from ATV associations with consideration given to geographic diversity. The initial term of one of these members shall expire two (2) years after the date of appointment and the initial term of the other member shall expire three (3) years after the date of appointment.
(c) Seven (7)[who shall serve for the remainder of their terms. Two (2)] additional members[, whose terms shall expire on the same date as the eleven (11) initial commission members,] shall be appointed by the Governor from the following groups:
1. One (1) member shall be chosen from a Kentucky bicycling organization that is affiliated with either the League of American Bicyclists, the United States Cycling Federation, or the International Mountain Bicycling Association. The initial term of this member shall expire three (3) years after the date of appointment;[ and]
2. One (1) member shall be from a Kentucky equine organization that has trail riding as its primary focus. The initial term of this member shall expire one (1) year after the date of appointment;
3. One (1) member shall be chosen from a state or national hiking or backpacking organization. The initial term of this member shall expire two (2) years after the date of appointment;
4. Two (2) members shall be chosen from five (5) persons, nominated in writing, by the Kentucky Horse Council. The initial term of one (1) of these members shall expire four (4) years after the date of appointment and the initial term of the other member shall expire two (2) years after the date of the appointment;
5. One (1) member shall be chosen by the Governor from the public at large. The initial term of this member shall expire three (3) years after the date of appointment; and
6. One member shall be selected from among the county judge executives of the Commonwealth. The initial term of this member shall expire two (2) years after the date of appointment.
(d) Additionally, the following shall serve as members by virtue of their official positions:
1. The secretary of the Transportation Cabinet, or the secretary's designee;
2. The secretary of the Commerce Cabinet, or the secretary's designee;
3. The commissioner of the Department of Fish and Wildlife Resources, or the commissioner's designee;
4. The secretary of the Justice and Public Safety Cabinet, or the secretary's designee;
5. The secretary of the Environmental and Public Protection Cabinet, or the secretary's designee;
(e) Upon the expiration of the terms of the initial members described in paragraphs[paragraph] (b) and (c) of this subsection, the Governor shall appoint thirteen (13) members of the public in such a manner as to ensure equal representation of motorized and nonmotorized use of trails and in accordance with the requirements of paragraphs (b) and (c) of this subsection[representing various interests within the Commonwealth]. Any vacancy on the authority shall be filled by the Governor for the unexpired term.
(3)[(2)]
(a) Each appointed member shall serve for a term of four (4) years. Sitting members shall be eligible to succeed themselves.
(b) Any member may be removed from his or her appointment by the Governor for cause.
(c) Appointed members shall be reimbursed for travel costs incurred in attending meetings, which shall be paid from the funds of the Department of Tourism and in compliance with the Commerce Cabinet's procedures for travel and reimbursement.
(4)[(3)]
(a) The chairman shall set the agenda, place, and time of meetings, which shall be held a minimum of two (2) times per year and conducted in accordance with the Open Meetings Act, KRS 61.805 to 61.850.
(b) A quorum for all meetings shall consist of seven (7) of the[ appointed] members.
(c) The chairman shall be a nonvoting member, except in cases of a tie vote, in which case, the chairman may cast the deciding vote.
(5) An agreement as defined in subsection (1) of this section may be entered into by any owner or owners and any government.
(a) The agreement shall be a contractual arrangement that authorizes the public to utilize the owner's land for a recreational purpose. The allowable recreational purpose or purposes may include but are not limited to all-terrain vehicle riding, public hunting, nature conservation, biking, hiking, and horseback trail riding and may be limited in scope by the terms of the agreement.
(b) The agreement may specify that the government party or parties may be responsible for the maintenance and upkeep of the land.
(c) The provisions of KRS 411.190 shall be applicable to the agreement, which shall specify that the owner shall not be liable for damages or injuries sustained by individuals or caused by individuals who utilize the land for a recreational purpose.
(d) The agreement may be terminated by either party at any time for any reason if thirty (30) days notice is given.
(6) An agreement executed pursuant to this section, or the use of land under an agreement created pursuant to this section, shall not:
(a) Create in any user any interest in the property;
(b) Ripen into a claim of adverse possession;
(c) Alter the land or status of the land to make it unsuitable for mining pursuant to KRS 350.610; or
(d) Cause a denial of a mining permit pursuant to KRS 350.085 or other statutes or regulations of the Commonwealth of Kentucky or any political subdivision thereof.
(7) In accordance with the purpose and limitations specified in this section, the government entities may:
(a) Construct, develop, manage, maintain, operate, improve, renovate, finance, or otherwise provide for recreational activities and facilities on designated public lands and private lands where owners have voluntarily entered into use agreements with the authority or government.
(b) Charge for a general use permit to access the lands for off-road activities as described in subsection (5) of this section that shall be valid for not less than thirty (30) days.
(8) The Kentucky Recreational Trails Authority may accept, acquire, dispose of or hold real or personal property, and any interest therein, by deed, grant, loan, gift, devise, bequest, lease, license, easement or transfer from any state or federal government agency, or from any person, corporation or other entity, for the purpose of public use.
(9) All proceeds derived from the sale of a general use permit pursuant to subsection (7)(b) of this section, or any proceeds derived from property identified in subsection (8) of this section, shall be paid to the State Treasurer, who shall deposit the proceeds in a support fund to carry out the purposes of this chapter. The fund shall be administered by the Commerce Cabinet. Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year to be used for the purposes set forth in this section.
(10) The Commerce Cabinet may promulgate administrative regulations in accordance with the provisions of KRS Chapter 13A in order to carry out the provisions of this section.
