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.