Bill Text: MI HB4299 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Recreation; outdoor activities; cross country ski trails and ski passes; provide for. Amends sec. 72101 of 1994 PA 451 (MCL 324.72101) & adds secs. 72121, 72122, 72123, 72124 & 72125.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-02-22 - Printed Bill Filed 02/18/2011 [HB4299 Detail]

Download: Michigan-2011-HB4299-Introduced.html

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HOUSE BILL No. 4299

 

February 17, 2011, Introduced by Reps. Lindberg and Slavens and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 72101 (MCL 324.72101), as amended by 2010 PA

 

46, and by adding sections 72121, 72122, 72123, 72124, and 72125.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 72101. As used in this part:

 

     (a) "Advisory council" means the Michigan snowmobile and

 

trails advisory council created in section 72110.

 

     (b) "Council" means a Michigan trailway management council

 

established pursuant to section 72106.

 

     (c) "Cross-country ski trail" means a trailway suitable for

 

cross-country skiing.

 

     (d) "Cross-country skiing" means traveling over snow by human

 

power on skis. Cross-country skiing does not require the use of

 

lifts, tows, or other mechanical devices.

 

     (e) (c) "Department" means the department of natural resources

 

and environment.

 

     (f) (d) "Equine access locations" means open access roads,

 

management roads, forestry access roads, 2-track and single-track

 

trails that are not wildlife paths, staging areas for pack and

 

saddle animals to be dropped off or picked up, and associated

 

wilderness campsites.

 

     (g) (e) "Fund" means the Michigan trailways fund created in

 

section 72109.

 

     (h) (f) "Governmental agency" means the federal government, a

 

county, city, village, or township, or a combination of any of

 

these entities.

 

     (i) "Michigan skiway" means a cross-country ski trail

 

designated by the commission under section 72121.

 

     (j) (g) "Michigan trailway" means a trailway designated by the

 

commission pursuant to section 72103.

 

     (k) (h) "Pack and saddle trailways" means trailways and equine

 

access locations that may be used by pack and saddle animals.

 

     (l) (i) "Rail-trail" means a former railroad bed that is in

 

public ownership and used as a trailway.

 

     (m) (j) "Trail" means a right-of-way adapted to foot,

 

horseback, motorized, or other nonmotorized travel.

 

     (n) (k) "Trailway" means a trail or other land corridor that

 

features a broad trail capable of accommodating a variety of public

 

recreation uses.

 

     Sec. 72121. (1) The commission shall establish a network of

 

Michigan skiways in the state. Michigan skiways may be located on

 

Michigan trailways, on trailways on state owned land, or on other

 

public or private land under agreement between the department and

 

the landowner.

 

     (2) While skiing on a Michigan skiway, a person 16 years of

 

age or older shall carry in his or her immediate possession a

 

valid, signed cross-country ski pass. A cross-country ski pass must

 

be signed by the skier across the front of the pass to be valid and

 

becomes nontransferable upon signing. The ski pass shall be

 

available for inspection by any peace officer. A landowner who

 

grants an easement for a Michigan skiway is not required to possess

 

a ski pass when skiing on the landowner's property.

 

     (3) A participant in a cross-country ski race or an official

 

school activity is not required to be in possession of a cross-

 

country ski pass if a special use permit authorizing the event has

 

been obtained by the organizers of the event or those in an

 

official capacity from the department or other agency with

 

jurisdiction over the Michigan skiway. A permit issued under this

 

subsection shall require that the permit holder return the trailway

 

and any associated facility to its original condition if any damage

 

is done by the permittee. Limited permits for special events may be

 

issued and shall require the removal of any trail markers, banners,

 

and other material used in connection with the special event.

 

     (4) As used in this section, "cross-country ski race" means a

 

timed skiing event organized for the participation of a large

 

number of skiers at 1 time over a course prepared specifically for

 

a ski race.

 

     Sec. 72122. (1) Within 90 days after the effective date of the

 

amendatory act that added this section, the department shall make

 

available for sale cross-country ski passes for use on Michigan

 

skiways. The department may appoint agents to issue and sell cross-

 

country ski passes. The department may revoke the appointment of an

 

agent any time. An agent shall observe all procedures established

 

by the department for the accounting and handling of cross-country

 

ski passes.

 

     (2) The cost of a cross-country ski pass is as follows:

 

     (a) Five dollars for a daily permit.

 

     (b) Twenty dollars for a yearly permit.

 

     (c) Forty dollars for a permit that is valid for 3 years.

 

     (3) In addition to the fee for a cross-country ski pass, an

 

issuing fee of $1.00 shall be charged by an agent selling the

 

cross-country ski pass.

 

     (4) An agent shall promptly remit all money received from the

 

sale of cross-country ski passes, except issuing fees, to the

 

department. The department shall forward all money received under

 

this section to the state treasurer for deposit into the Michigan

 

skiways fund created in section 72123.

 

     Sec. 72123. (1) The Michigan skiways fund is created within

 

the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the Michigan skiways fund. The state

 

treasurer shall direct the investment of the Michigan skiways fund.

 

The state treasurer shall credit to the Michigan skiways fund

 

interest and earnings from fund investments.

 

     (3) Money in the Michigan skiways fund at the close of the

 

fiscal year shall remain in the fund and shall not lapse to the

 

general fund.

 

     (4) The department shall be the administrator of the Michigan

 

skiways fund for auditing purposes.

 

     (5) The department shall expend money from the Michigan

 

skiways fund, upon appropriation, only for 1 or more of the

 

following purposes:

 

     (a) Issuing cross-country ski passes.

 

     (b) Maintaining, grooming, and improving Michigan skiways.

 

     (c) Grants for Michigan skiways sponsored by local units of

 

government.

 

     Sec. 72124. The department shall establish a grant program for

 

local units of government for the acquisition, development, and

 

maintenance of Michigan skiways. Grants shall be available for

 

acquisition of trailway easements but shall not be used to acquire

 

any land in fee title. A local unit of government applying for and

 

receiving a grant under this section shall operate the Michigan

 

skiway for 1 year following the expiration of its last grant. The

 

department shall issue grants for Michigan skiways sponsored by

 

local units of government based upon criteria established by the

 

department.

 

     Sec. 72125. (1) A person who violates section 72121(2) is

 

responsible for a state civil infraction and may be ordered to pay

 

a civil fine of not more than $50.00.

 

     (2) A person who knowingly makes a false statement in an

 

application for a cross-country ski pass is responsible for a state

 

civil infraction and may be ordered to pay a civil fine of not more

 

than $50.00.