SB-0877, As Passed House, June 11, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 877

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 72110, 72110a, and 72115 (MCL 324.72110,

324.72110a, and 324.72115), section 72110 as amended by 2013 PA

248, section 72110a as added by 2010 PA 46, and section 72115 as

added by 2010 PA 45.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 72110. (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, and water

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 does not affect the power of

the remaining members to exercise the duties of the advisory

council.

     (4) Not fewer than At least 5 members of the advisory council

shall be an owner of an ORV licensed under section 81115 81116 or

an owner of a snowmobile registered under section 82105. Not fewer

than At least 3 members of the advisory council shall be an owner

owners of a snowmobile registered under section 82105. Not fewer

than At least 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 At least 2 members of the advisory council shall be a

resident residents of the Upper Peninsula of this state. Not fewer

than At least 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. The advisory council shall

consult with organizations involved with expanding trail access for

persons with disabilities.

     (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) 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

director on the expenditure of money in the fund.

     (b) Advise the commission and the department director on the

implementation of this part and the establishment and operation of

Pure Michigan trailways.Trails and Pure Michigan Water Trails.

     Sec. 72110a. (1) The equine trailways trails subcommittee is

created as a subcommittee of the advisory council. The department

may provide staffing and administrative support to the equine

trailways trails subcommittee. The equine trailways trails

subcommittee may also be staffed and funded by user groups and

other interested persons.

     (2) Subject to subsection (3), the equine trailways trails

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 trails

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 trails 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 trails

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 trails 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 trails

subcommittee shall be called by the department within 30 days after

the appointments have been made. At the first meeting, the equine

trailways trails 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 trails

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 trails

subcommittee constitute a quorum for the transaction of business at

a meeting of the equine trailways trails subcommittee. A majority

of the members present and serving are required for official action

of the equine trailways trails subcommittee.

     (9) The business that the equine trailways trails subcommittee

may perform shall be conducted at a public meeting of the equine

trailways trails 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 trails 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 trails subcommittee shall

serve without compensation. However, subject to the availability of

funding, members of the equine trailways trails subcommittee may be

reimbursed for their actual and necessary expenses incurred in the

performance of their official duties as members of the equine

trailways trails subcommittee.

     (12) The equine trailways trails subcommittee shall do all of

the following:

     (a) Within 1 year after the appointment of its members,

prepare Prepare and submit to the advisory council a recommended

plan for a statewide network of pack and saddle trailways. trails.

The recommended plan for a statewide pack and saddle trailways

trails network shall include both of the following:

     (i) All pack and saddle trailways trails on state owned land

that have previously been open for use by pack and saddle animals

at any time and that the equine trailways trails subcommittee

determines are appropriate for pack and saddle trailways.trails.

     (ii) All additional state lands that the equine trailways

trails subcommittee determines would be appropriate for pack and

saddle animals and would contribute to a statewide network of pack

and saddle trailways.trails.

     (b) Advise the advisory council and the department on the

development and use of the pack and saddle trailways trails

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 trail reviews under section

72115 and to provide for the reopening of previously closed pack

and saddle trailways, trails, the preservation of existing pack and

saddle trailways, trails, and the development of new pack and

saddle trailways trails across the this 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.

     Sec. 72115. (1) Subject to subsections (2) and (3), pack and

saddle animals shall be allowed to access pack and saddle trailways

trails on public land managed by the department as follows:

     (a) Access on land of the state forest system is allowed

unless restricted by statute, deed restriction, land use order, or

other legal mechanism, in effect on the effective date of the

amendatory act that added this section.April 2, 2010.

     (b) Access on land of the state park system or state game area

system is prohibited unless authorized by land use order or other

legal mechanism in effect on the effective date of the amendatory

act that added this section.April 2, 2010.

     (c) Access on other land managed by the department is allowed

according to the specific authorization or restriction applicable

to the land.

     (2) Access by pack and saddle animals may only be restricted

on lands described in subsection (1) after the effective date of

the amendatory act that added this section April 2, 2010 if

conditions are not suitable for pack and saddle animals because of

public safety concerns, necessary maintenance, or for reasons

related to the mission of the department. Restrictions related to

the mission of the department shall be supported, to the greatest

extent practicable, by a written science-based rationale that is

supported with documentation that is made available to the public.

Prior to determining that access by pack and saddle animals be

restricted, the department shall make every effort to resolve any

public safety or maintenance concerns. Subject to subsection (3),

the department shall not restrict pack and saddle animals from

lands described in subsection (1) unless all of the following

conditions are met:

     (a) The commission, upon request of the department , holds a

public meeting on a proposal to restrict access by pack and saddle

animals on pack and saddle trailways trails to receive testimony

from the general public. The commission department shall invite the

advisory council , and the equine trailways trails subcommittee

created in section 72110a , and the Michigan horse council to

attend the meeting.

     (b) The department, after considering testimony at the

commission meeting under subdivision (a), provides a specific

rationale for its determination to restrict access by pack and

saddle animals.

     (c) Any decision by the department to restrict access by pack

and saddle animals shall not take effect for a period of time set

by the department, but not less than 60 days. However, if the

director determines that a restriction must be imposed because of

user conflicts or due to an imminent threat to public health,

safety, welfare, or to natural resources or the environment, the

director may issue a temporary order restricting access by pack and

saddle animals for 30 days or until the threat or user conflict is

abated. A temporary order under this subdivision may be reissued if

the threat or user conflict persists.

     (d) A written statement shall be posted at the trailhead in

which the restriction is imposed stating the cause and estimated

duration of the closure.

     (e) A list of pack and saddle trailways trails on which the

department has restricted access for pack and saddle animals,

including temporary orders, shall be posted on the department's

website and notification shall be provided to the equine trailways

trails subcommittee created in section 72110a.

     (3) Any restrictions described in subsection (1) on access by

pack and saddle animals that were in effect on the effective date

of the amendatory act that added this section April 2, 2010 shall

Senate Bill No. 877 (H-1) as amended June 10, 2014

remain in effect until those restrictions are reviewed using the

process outlined in subsection (2). For the following areas, the

department shall review the restrictions on access by pack and

saddle animals previously imposed by the department according to

the following timelines:

     (a) Not later than June 15, 2010, the Pigeon river country

state forest.

     (b) Not later than January 1, 2011, the Lapeer state game area

and the Gladwin field trial area.

     (c) Not later than January 1, 2012, the Lost Nation state game

area and the Blueberry Ridge pathway.

     (4) A person shall not use pack and saddle animals on state-

owned land except on pack and saddle trailways trails that are open

for access by pack and saddle animals.

[Enacting section 1. This amendatory act takes effect upon the expiration of 90 days after the date it is enacted into law.]

     Enacting section [2]. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

     (a) Senate Bill No. 873.

     (b) Senate Bill No. 875.

     (c) Senate Bill No. 876.

     (d) House Bill No. 5553.

     (e) House Bill No. 5559.