Bill Text: MI HB4610 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Recreation; other; state trails council and equine trailways subcommittee; establish. Amends secs. 72101, 72102, 72105a & 72110 of 1994 PA 451 (MCL 324.72101 et seq.) & adds sec. 72110a. TIE BAR WITH: SB 0578'09
Spectrum: Slight Partisan Bill (Republican 27-11)
Status: (Passed) 2010-04-13 - Assigned Pa 46'10 With Immediate Effect [HB4610 Detail]
Download: Michigan-2009-HB4610-Engrossed.html
HB-4610, As Passed Senate, March 23, 2010
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4610
(As amended, March 23, 2010)
<<A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 72101, 72102, 72105a, and 72110 (MCL
324.72101, 324.72102, 324.72105a, and 324.72110), section 72101 as
amended and section 72105a as added by 1997 PA 129 and sections
72102 and 72110 as added by 1995 PA 58, and by adding section
72110a.>>
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 72101. As used in this part:
(a)
"Advisory council" means the Michigan trailways snowmobile
and trails advisory council created in section 72110.
(b) "Council" means a Michigan trailway management council
established pursuant to section 72106.
(c) "Department" means the department of natural resources and
environment.
(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.
(e) (c)
"Fund" means the Michigan
trailways fund created in
section 72109.
(f) (d)
"Governmental agency"
means the federal government, a
county, city, village, or township, or a combination of any of
these entities.
(g) (e)
"Michigan
trailway" means a trailway designated by the
commission pursuant to section 72103.
(h) "Pack and saddle trailways" means trailways and equine
access locations that may be used by pack and saddle animals.
(i)
(f) "Rail-trail" means a former railroad bed
that is in
public ownership and used as a trailway.
(j) "Trail" means a right-of-way adapted to foot, horseback,
motorized, or other nonmotorized travel.
(k) (g)
"Trailway" means a trail or other land corridor that
features a broad trail capable of accommodating a variety of public
recreation uses.
Sec. 72102. The legislature finds and declares that a
statewide system of trails, trailways, and pack and saddle
trailways will provide for public enjoyment, health, and fitness;
encourage constructive leisure-time activities; protect open space,
cultural and historical resources, and habitat for wildlife and
plants; enhance the local and state economies; link communities,
parks, and natural resources; create opportunities for rural-urban
exchange, agricultural education, and the marketing of farm
products; and preserve corridors for possible future use for other
public purposes. Therefore, the planning, acquisition, development,
operation,
and maintenance of Michigan trails,
trailways, is and
pack and saddle trailways are in the best interest of the state and
is
are declared
to be a public purpose.
Sec. 72105a. (1) The department shall establish an "adopt-a-
trail" program that will allow volunteer groups to assist in
maintaining and enhancing Michigan trailways, pack and saddle
trailways, and rail-trails.
(2) Subject to subsection (3), volunteer groups in the adopt-
a-trail program may adopt any available Michigan trailway, pack and
saddle trailway, or rail-trail or Michigan trailway, pack and
saddle trailway, or rail-trail segment and may choose any 1 or more
of the following volunteer activities:
(a) Spring cleanups.
(b) Environmental activities.
(c) Accessibility projects.
(d) Special events.
(e) Trailway maintenance and development.
(f) Public information and assistance.
(g) Training.
(3) The department shall designate the activities to be
performed by a volunteer group in the adopt-a-trail program. The
department may provide for more than 1 volunteer group to adopt a
Michigan trailway, pack and saddle trailway, or rail-trail or
Michigan trailway, pack and saddle trailway, or rail-trail segment.
(4) A volunteer group that wishes to participate in the adopt-
a-trail program shall submit an application to the department on a
form provided by the department. Additionally, volunteer groups
shall agree to the following:
(a) Volunteer groups shall participate in the program for at
least a 2-year period.
(b) Volunteer groups shall consist of at least 6 people who
are 18 years of age or older, unless the volunteer group is a
school or scout organization, in which case the volunteers may be
under 18 years of age.
(c) Volunteer groups shall contribute a total of at least 400
service hours over a 2-year period.
(d) Volunteer groups shall comply with other reasonable
requirements of the department.
(5) A state park manager or a district forest manager may
issue to volunteers who are actively working on adopt-a-trail
projects that last more than 1 day free camping permits if
campsites are available. A state park manager or a district forest
manager may waive state park entry fees for volunteers entering
state parks to work on adopt-a-trail projects.
(6) While a volunteer is working on an adopt-a-trail project,
the volunteer has the same immunity from civil liability as a
department employee and shall be treated in the same manner as an
employee under section 8 of 1964 PA 170, MCL 691.1408.
(7) The department shall design and erect near the entrance of
each Michigan trailway, pack and saddle trailway, or rail-trail in
the adopt-a-trail program or along the trailway an adopt-a-trail
program sign with the name of the volunteer group's sponsoring
organization listed for each volunteer group that has contributed
at least 100 service hours by volunteers.
Sec.
72110. (1) The Michigan trailways advisory council is
created
within the department of natural resources.
(2)
The advisory council shall consist of the following
members
appointed by the commission:
(a)
One individual who is involved with the establishment or
operation
of a multiple use trailway.
(b)
Two individuals who represent Michigan trailway user
groups.
(c)
One local government official from a governmental agency
in
which a multiple use trailway is located.
(d)
One member of the general public.
(3)
The members first appointed to the commission shall be
appointed
within 90 days after April 21,
1993.
(4)
Members of the advisory council shall serve for terms of 4
years,
or until a successor is appointed, whichever is later,
except
that of the members first appointed, 2 shall serve for 1
year,
1 shall serve for 2 years, and 1 shall serve for 3 years.
(5)
If a vacancy occurs on the advisory council, the
commission
shall make an appointment for the unexpired term in the
same
manner as the original appointment.
(6)
The commission may remove a member of the advisory council
for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance
in office, or any other good cause.
(7)
The first meeting of the advisory council shall be called
by
the commission. At the first meeting the advisory council shall
elect
from among its members a chairperson and other officers as it
considers
necessary or appropriate. After the first meeting, the
advisory
council shall meet at least annually or more frequently at
the
call of the chairperson or if requested by 3 or more members.
(8)
A majority of the members of the advisory council
constitutes
a quorum for the transaction of business at a meeting
of
the advisory council. A majority of the members present and
serving
is required for official action of the advisory council.
(9)
The business the advisory council may perform shall be
conducted
at a public meeting of the advisory council held in
compliance
with the open meetings act, Act No. 267 of the Public
Acts
of 1976, being sections 15.261 to 15.275 of the Michigan
Compiled
Laws.
(10)
A writing prepared, owned, used, in possession of, or
retained
by the advisory council in the performance of an official
function
is subject to the freedom of information act, Act No. 442
of
the Public Acts of 1976, being sections 15.231 to 15.246 of the
Michigan Compiled Laws.
(11)
Members of the advisory council shall serve without
compensation.
However, members of the advisory council may be
reimbursed
for their actual and necessary expenses incurred in the
performance
of their official duties as members of the advisory
council.
(1) The Michigan snowmobile and trails advisory council is
created within the department.
(2) The advisory council shall advise the director of the
department and the governor on the creation, development,
operation, and maintenance of motorized and nonmotorized trails in
this state, including, but not limited to, snowmobile, biking,
equestrian, hiking, off-road vehicle, and skiing trails. In
advising the director and the governor on the creation and
development of motorized and nonmotorized trails in this state, the
advisory council shall seek to have the trails linked wherever
possible. The advisory council may perform additional related
duties as provided by this part, other law, or as requested by the
director or the governor.
(3) The advisory council shall consist of 11 members appointed
by the governor. Members of the advisory council shall be appointed
for a term of 4 years. A vacancy on the advisory council occurring
other than by expiration of a term shall be filled by the governor
in the same manner as the original appointment for the balance of
the unexpired term. A vacancy shall not affect the power of the
remaining members to exercise the duties of the advisory council.
(4) Not fewer than 5 members of the advisory council shall be
an owner of an ORV licensed under section 81115 or an owner of a
snowmobile registered under section 82105. Not fewer than 3 members
of the advisory council shall be an owner of a snowmobile
registered under section 82105. Not fewer than 1 member of the
advisory council shall possess experience as an instructor in a
snowmobile safety education and training program or an ORV safety
education course. Not fewer than 1 member of the advisory council
shall be a resident of the Upper Peninsula of this state. Not fewer
than 2 members of the advisory council shall be members of the
equine trailways subcommittee created in section 72110a.
(5) The governor shall designate a member of the advisory
council to serve as the chairperson of the advisory council at the
pleasure of the governor. The advisory council may select a member
of the advisory council to serve as vice-chairperson of the
advisory council.
(6) The advisory council shall be staffed and assisted by
personnel from the department, subject to available funding. Any
budgeting, procurement, or related management functions of the
advisory council shall be performed under the direction and
supervision of the director of the department.
(7) The advisory council shall adopt procedures consistent
with this section and other applicable state law governing its
organization and operations.
(8) A majority of the members of the advisory council serving
constitute a quorum for the transaction of the advisory council's
business. The advisory council shall act by a majority vote of its
serving members.
(9) The advisory council shall meet at the call of the
chairperson and as may be provided in procedures adopted by the
advisory council.
(10) The advisory council may, as appropriate, make inquiries,
studies, investigations, hold hearings, and receive comments from
the public. The advisory council may also consult with outside
experts in order to perform its duties, including, but not limited
to, experts in the private sector, government agencies, and
institutions of higher education.
(11) The advisory council may establish advisory workgroups,
including, but not limited to, an advisory workgroup on
snowmobiles, as considered necessary by the advisory council to
assist the advisory council in performing the duties and
responsibilities of the advisory council. In addition, the equine
trailways subcommittee created in section 72110a as a subcommittee
of the advisory council shall serve as advisory to the advisory
council.
(12) Members of the advisory council shall serve without
compensation. Members of the advisory council may receive
reimbursement for necessary travel and expenses consistent with
relevant statutes and the rules and procedures of the civil service
commission and the department of technology, management, and
budget, subject to available funding.
(13) The advisory council may hire or retain contractors,
subcontractors, advisors, consultants, and agents, and may make and
enter into contracts necessary or incidental to the exercise of the
powers of the advisory council and the performance of its duties as
the director of the department considers advisable and necessary,
in accordance with this part, other applicable law, and the rules
and procedures of the civil service commission and the department
of technology, management, and budget, subject to available
funding.
(14) The advisory council may accept donations of labor,
services, or other things of value from any public or private
agency or person.
(15) Members of the advisory council shall refer all legal,
legislative, and media contacts to the department.
(16) (12)
The In addition to the
responsibilities provided in
this section and otherwise provided by law, the advisory council
shall do both of the following:
(a) Make recommendations to the commission and the department
on the expenditure of money in the fund.
(b) Advise the commission and the department on the
implementation
of this act part and the establishment and operation
of Michigan trailways.
Sec. 72110a. (1) The equine trailways subcommittee is created
as a subcommittee of the advisory council. The department may
provide staffing and administrative support to the equine trailways
subcommittee. The equine trailways subcommittee may also be staffed
and funded by user groups and other interested persons.
(2) Subject to subsection (3), the equine trailways
subcommittee shall consist of the following members appointed by
the director of the department:
(a) One individual representing the state's tourism industry.
(b) Five individuals representing the equine industry as
follows:
(i) One individual from the Upper Peninsula.
(ii) One individual from the northern Lower Peninsula.
(iii) One individual from the central Lower Peninsula.
(iv) One individual from the southeastern Lower Peninsula.
(v) One individual from the southwestern Lower Peninsula.
(3) The senate majority leader and the speaker of the house of
representatives shall each submit a list of 3 persons to the
director of the department. The director shall appoint at least 1
person from each of those lists to the equine trailways
subcommittee. The members first appointed to the equine trailways
subcommittee shall be appointed within 60 days after the effective
date of the amendatory act that added this section.
(4) Members of the equine trailways subcommittee shall serve
for terms of 4 years or until a successor is appointed, whichever
is later, except that of the members first appointed 2 shall serve
for 2 years, 2 shall serve for 3 years, and 2 shall serve for 4
years.
(5) If a vacancy occurs on the equine trailways subcommittee,
an appointment for the unexpired term shall be made in the same
manner as the original appointment.
(6) A member of the equine trailways subcommittee may be
removed for incompetency, dereliction of duty, malfeasance,
misfeasance, or nonfeasance in office, or any other good cause.
(7) The first meeting of the equine trailways subcommittee
shall be called by the department within 30 days after the
appointments have been made. At the first meeting, the equine
trailways subcommittee shall elect from among its members a
chairperson and other officers as it considers necessary or
appropriate. After the first meeting, the equine trailways
subcommittee shall meet at least quarterly, or more frequently at
the call of the chairperson or if requested by 3 or more members.
(8) A majority of the members of the equine trailways
subcommittee constitute a quorum for the transaction of business at
a meeting of the equine trailways subcommittee. A majority of the
members present and serving are required for official action of the
equine trailways subcommittee.
(9) The business that the equine trailways subcommittee may
perform shall be conducted at a public meeting of the equine
trailways subcommittee held in compliance with the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the equine trailways subcommittee in the performance of
an official function is subject to the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(11) Members of the equine trailways subcommittee shall serve
without compensation. However, subject to the availability of
funding, members of the equine trailways subcommittee may be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties as members of the equine
trailways subcommittee.
(12) The equine trailways subcommittee shall do all of the
following:
(a) Within 1 year after the appointment of its members,
prepare and submit to the advisory council a recommended plan for a
statewide network of pack and saddle trailways. The recommended
plan for a statewide pack and saddle trailways network shall
include both of the following:
(i) All pack and saddle trailways on state owned land that have
previously been open for use by pack and saddle animals at any time
and that the equine trailways subcommittee determines are
appropriate for pack and saddle trailways.
(ii) All additional state lands that the equine trailways
subcommittee determines would be appropriate for pack and saddle
animals and would contribute to a statewide network of pack and
saddle trailways.
(b) Advise the advisory council and the department on the
development and use of the pack and saddle trailways network.
(c) Advise the advisory council and the department on other
matters related to the promotion of the state's equine industry.
(d) Advise the advisory council and the department on funding
to conduct pack and saddle trailway reviews under section 72115 and
to provide for the reopening of previously closed pack and saddle
trailways, the preservation of existing pack and saddle trailways,
and the development of new pack and saddle trailways across the
state.
(13) If the equine trailways subcommittee is not appointed as
provided for in this section, the department shall, within 2 years
after the effective date of the amendatory act that added this
section, work with the equine industry to develop a plan for a
statewide network of pack and saddle trailways.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 578 of the 95th Legislature is enacted into
law.
