HB-4781, As Passed Senate, October 19, 2017

SUBSTITUTE FOR

HOUSE BILL NO. 4781

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 72105 (MCL 324.72105), as amended by 2014 PA

212.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 72105. (1) The department may operate and maintain a

trail that is located on state owned land or may enter into an

agreement with a council or 1 or more governmental agencies to

provide for the operation and maintenance of the trail. An

agreement entered into under this subsection may include provisions

for any of the following:

     (a) Construction, maintenance, and operation of the trail.

     (b) Enforcement of trail rules and regulations including

permitted uses of the trail.

     (c) Other provisions consistent with this part.

     (2) All of the following apply to the operation of an electric

bicycle on a trail subject to this part:

     (a) An individual may operate a class 1 electric bicycle on a

linear trail that has an asphalt, crushed limestone, or similar

surface, or a rail trail. A local authority or agency of this state

having jurisdiction over a trail described in this subdivision may

regulate or prohibit the operation of a class 1 electric bicycle on

that trail.

     (b) An individual may operate a class 2 or class 3 electric

bicycle on a linear trail that has an asphalt, crushed limestone,

or similar surface, or a rail trail if authorized by the local

authority or agency of this state having jurisdiction over the

trail.

     (c) Except as otherwise provided in this subdivision, an

individual shall not operate an electric bicycle on a trail that is

specifically designated as nonmotorized and that has a natural

surface tread that is made by clearing and grading the native soil

with no added surfacing materials. A local authority or agency of

this state having jurisdiction over a trail described in this

subdivision may allow the operation of an electric bicycle on that

trail.

     (3) Subsection (2) does not apply to the use of electric

bicycles on a congressionally authorized public trail system.

     (4) As used in this section, "electric bicycle", "class 1

electric bicycle", "class 2 electric bicycle", and "class 3

electric bicycle" mean those terms as defined in section 13e of the

Michigan vehicle code, 1949 PA 300, MCL 257.13e.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.