Brief⁽¹⁾

Sub. for H.B. 2490 would amend a section of law dealing with recreational trails dealing with the bond or escrow account that the responsible party, if it is not a governmental entity, has to maintain in order to fully cover the annual costs of weed control, litter control, maintenance of the trail so that it does not create a fire hazard, installation and maintenance of fencing, and installation and maintenance of signs along the trail. The bill would amend this section so that the amount would be determined by the county commission rather than by an agreed upon amount as determined by the responsible party and the county commission.

The bill would create a new section of law which would subject any responsible party, other than a governmental entity, who violates or fails to comply with the provisions of law dealing with recreational trails to a misdemeanor and a fine of $100 per day of violation or noncompliance up to a maximum of $1,500 for each count. This provision would not invalidate any other remedy available under the law.

Background

At the hearing on the original bill, representatives of the following entities appeared in support: the Kansas Farm Bureau; the Kansas Livestock Association; the Citizens Association of McPherson and Marion Counties; and the League of Kansas Municipalities. Also appearing in support of the bill were several individuals, the County Counselor for Osage County, and Senator Tyson. Appearing in opposition to the original bill included representatives of the following entities: the Kansas Audubon Council; the Kansas Chapter of the Sierra Club and the Kansas Natural Resource Council; and the Johnson County Bicycle Club. Also appearing in opposition were several individuals and Representative Weber. Appearing as neutral conferees were a spokesperson from the Kansas Department of Wildlife and Parks and a private individual. Written testimony was submitted from the Short Grass Prairie Trail, the Rails to Trail Conservancy, and the Central Kansas Conservancy.

The fiscal note on the original bill indicates that there is no fiscal impact according to the Department of Wildlife and Parks, the State Conservation Commission, and the Kansas Water Office. The note states that the Kansas Association of Counties indicates that the fiscal impact to counties is indeterminate.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.