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SB298 ENROLLED WFT29E-3 By Senators Jones, Gudger, Elliott, Scofield, Sessions, Butler, Weaver, Livingston, Barfoot, Bell, Shelnutt, Kelley, Beasley, Price, Figures, Stewart, Hovey, Allen, Reed, Smitherman, Hatcher, Coleman-Madison, Singleton, Chesteen, Melson, Waggoner, Roberts, Coleman RFD:
OGLEMW-1 05/17/2023 THR (L)THR/lg 2023-2066 sub SB298 JONES SUBSTITUTE TO SB298 OFFERED BY SENATOR JONES 2 4 SYNOPSIS:
Finance and Taxation Education First Read:
The Alabama Council on Outdoor Recreation was created by the Board of Directors of the Alabama Innovation Corporation to expand, promote, and protect Alabama's outdoor recreational assets for the enjoyment of current and future Alabamians.
04-May-23 2023 Regular Session Page 0 SB298 Enrolled Enrolled, An Act, 3 Relating to outdoor recreation;
This bill would authorize the Alabama Council on Outdoor Recreation to adopt a master plan for greenway trails throughout the state.
This bill would provide parameters for the council or any person with whom the council contracts to consider in creating the master plan.
This bill would implement a strictly voluntary system by which eligible donors may receive grants for qualified donations of donated property in compliance with the master plan.
This bill would create the Sweet Trails Alabama Project Fund and the Sweet Trails Alabama Acquisition Fund, and provide for the use of monies in the funds to support projects in compliance with the master plan.
This bill would not restrict any public or private entity from accepting donations or transfers of property or property interests for any purpose, nor from developing, establishing, or constructing greenway trails pursuant to other law.
Page 1 This bill would also provide that the protections from liability afforded by the recreational land use statutes, which insulate private property owners from injuries suffered on certain lands held open by that property owner for public use, apply to any property donated or transferred for use as a greenway trail which complies with the master plan for so long as that property is used for that purpose, and to any property abutting a greenway trail.
A BILL TO BE ENTITLED AN ACT Relating to outdoor recreation;
Any property that has any common boundary with a greenway trail or any other property that is within 25 feet of a greenway trail.
Any property that has any common Page 2 boundary with a greenway trail or any other property that is within 25 feet of a greenway trail.
The most recent estimated value Page 1 SB298 Enrolled of the donated property as determined by the local county tax assessing official pursuant to Article 1 of Chapter 7 of Title 40, Code of Alabama 1975.
The most recent estimated value of the donated property as determined by the local county tax assessing official pursuant to Article 1 of Chapter 7 of Title 40, Code of Alabama 1975.
(a) Subject to an appropriation made by the Legislature for the purposes of implementing the project, the council, as empowered by the corporation, may contract with an organization who may act as the developer for purposes of this act.
(a) Subject to an appropriation made by the Legislature for the purposes of implementing the project, the Page 3 council, as empowered by the corporation, may contract with an organization who may act as the developer for purposes of this act.
(c) Any master plan approved by the council shall Page 2 SB298 Enrolled consider all of the following goals:
(c) Any master plan approved by the council shall consider all of the following goals:
(1) In the first phase, funding shall support a strategic trail network of north-south and east-west greenway trails including sections in at least half of the state's counties.
(1) In the first phase, funding shall support a strategic trail network of north-south and east-west greenway trails including sections in at least half of the state's Page 4 counties.
(3) Foster interconnectivity between urban and rural Page 3 SB298 Enrolled areas.
(3) Foster interconnectivity between urban and rural areas.
(8) Promote conservation through education and public 95 awareness.
(8) Promote conservation through education and public awareness.
(1) Cohesion.
Page 5 (1) Cohesion.
Routes should be as direct as Page 4 SB298 Enrolled possible while connecting as many communities as possible.
Routes should be as direct as possible while connecting as many communities as possible.
(h) Any master plan approved by the council may consider the following additional factors when determining the route for the proposed program:
(h) Any master plan approved by the council may Page 6 consider the following additional factors when determining the route for the proposed program:
Page 5 SB298 Enrolled Section 3.
Section 3.
(b) Any entity that receives grant money from the project fund shall enter into a contract with a public or private entity regarding the construction of signs, fences, barriers, or other structures relating to any property or property interest donated or transferred for purposes of greenway trails compatible with the master plan.
(b) Any entity that receives grant money from the project fund shall enter into a contract with a public or private entity regarding the construction of signs, fences, barriers, or other structures relating to any property or property interest donated or transferred for purposes of Page 7 greenway trails compatible with the master plan.
(d) When carrying out any activities required by Section 2(a), the developer shall be exempt from the Page 6 SB298 Enrolled requirements of subsection (b).
(d) When carrying out any activities required by Section 2(a), the developer shall be exempt from the requirements of subsection (b).
(b) Subsection (a) shall not be construed to remove the protections from liability under Article 2 of Chapter 15 of Title 35, Code of Alabama 1975, from any property that is otherwise eligible for those protections pursuant to that article.
Page 8 (b) Subsection (a) shall not be construed to remove the protections from liability under Article 2 of Chapter 15 of Title 35, Code of Alabama 1975, from any property that is otherwise eligible for those protections pursuant to that article.
(b)(1) An eligible donor shall be eligible to apply for Page 7 SB298 Enrolled a grant for each qualified donation under this act.
(b)(1) An eligible donor shall be eligible to apply for a grant for each qualified donation under this act.
Amounts deposited in the funds shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96, inclusive, and Sections 41-19-1 through 41-19-12, inclusive, Code of Alabama 1975.
Amounts deposited in the funds shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96, inclusive, and Sections 41-19-1 through Page 9 41-19-12, inclusive, Code of Alabama 1975.
Page 8 SB298 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB298 Senate 18-May-23 I hereby certify that the within Act originated in and passed the Senate, as amended.
Page 10
Patrick Harris, Secretary.
House of Representatives Passed:
06-Jun-23 By:
Senator Jones Page 9