SENATE BILL No. 877

 

 

March 13, 2014, Introduced by Senators CASPERSON, HANSEN, MOOLENAAR, MEEKHOF, KOWALL, GREEN and BOOHER and referred to the Committee on Outdoor Recreation and Tourism.

 

 

 

     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

 

At least 1 member of the advisory council shall be a resident 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.

 

     (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, 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

 

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 does not take effect

 

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

 

enacted into law:

 

     (a) Senate Bill No. 875                                      

 

         .

 

     (b) Senate Bill No. 873                                      

 

         .

 

     (c) Senate Bill No. 876                                      

 

         .

 

     (d) Senate Bill No. 874                                      

 

         .