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SB-0971, As Passed Senate, March 22, 2006

SUBSTITUTE FOR

SENATE BILL NO. 971

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 35103 and 74102a (MCL 324.35103 and

324.74102a), section 35103 as amended by 1996 PA 290 and section

74102a as added by 2004 PA 392, and by adding section 74102b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 35103. (1) The department shall annually review all state

land under its control and identify those tracts that in its

judgment best exhibit the characteristics of a wilderness area,

wild area, or natural area. The department shall determine which

land in its judgment is most suitable for dedication as wilderness

areas, wild areas, or natural areas. The department shall

administer the proposed land so as to protect its natural values.

(2) A citizen may propose to the department land that in his

or her judgment exhibits the characteristics of a wilderness area,

wild area, or natural area and is suitable for dedication by the

department as such or may propose the alteration or withdrawal of

previously dedicated areas. Land under control of the department

that has been dedicated or designated before August 3, 1972 as a

natural area, nature study area, preserve, natural reservation,

wilderness, or wilderness study area shall be considered by the

department and, if eligible, proposed for dedication. The proposals

of the department shall be filed with both houses of the

legislature.

(3) Within 90 days after land is proposed in accordance with

subsections (1) or (2), the department shall make the dedication or

issue a written statement of its principal reasons for denying the

proposal. The department shall dedicate a wilderness area, wild

area, or natural area, or alter or withdraw the dedication, by

promulgating a rule. The department shall hold a public hearing

relative to the dedication in the county where the land to be

dedicated is located before a rule making the dedication may be

promulgated. Not more than 10% of state land under the control of

the department shall be dedicated pursuant to this subsection. All

persons who have notified the department in writing during a

calendar year of their interest in dedication of areas under this

part shall be furnished by the department with a notice of all

areas pending dedication or alteration or withdrawal from

dedication during that calendar year.

(4) The department may exchange dedicated land for the purpose

of acquiring other land that, in its judgment, is more suitable for

the purposes of this part.

(5) Except as provided in subsection (4), prior to

recommending the transfer of any land that is dedicated as a

wilderness area, a wild area, or a natural area under this part,

the department shall notify the citizens committee for Michigan

state parks created in section 74102a and shall place a public

notice in a newspaper of general circulation in the area in which

the dedicated land is located describing the proposed transfer.

Except as provided in subsection (4), dedicated land shall not be

transferred except as specifically authorized by law.

Sec. 74102a. (1) The citizens committee for Michigan state

parks is created within the department.

(2) The committee shall consist of 17 individuals appointed by

the director with the advice of the commission.

(3) The members first appointed to the committee shall be

appointed within 60 days after the effective date of the amendatory

act that added this section.

(4) Members of the committee shall serve for terms of 4 years

or until a successor is appointed, whichever is later, except that

of the members first appointed 6 shall serve for 4 years, 6 shall

serve for 3 years, and 5 shall serve for 2 years.

(5) If a vacancy occurs on the committee, the director shall

make an appointment for the unexpired term in the same manner as

the original appointment.

(6) The committee may remove a member of the committee for

incompetency, dereliction of duty, malfeasance, misfeasance, or

nonfeasance in office, or any other good cause upon a majority vote

of the members. An individual shall be removed from the committee

if he or she does not attend 4 consecutive meetings of the

committee.

(7) The first meeting of the committee shall be called by the

director. At the first meeting, the committee shall elect from

among its members a chairperson and other officers as it considers

necessary or appropriate. After the first meeting, the committee

shall meet at least twice each year, or more frequently at the call

of the chairperson or if requested by 9 or more members.

(8) Nine members of the committee constitute a quorum for the

transaction of business at a meeting of the committee. A majority

of the members present and serving are required for official action

of the committee.

(9) The business that the committee may perform shall be

conducted at a public meeting of the committee 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 committee 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 committee shall serve without

compensation. However, members of the committee may be reimbursed

for their actual and necessary expenses incurred in the performance

of their official duties as members of the committee.

(12) The committee shall do all of the following:

(a) Advise and make recommendations to the governor, the

commission, and the legislature on state parks policy and provide

guidance on state parks development, management, and planning

issues.

(b) Seek the development of a broad variety of programs,

facilities, and services for our citizens utilizing the state

parks.

need for state parks.

(d) Strive to involve citizens in the planning and development

of state parks and to ensure that the facilities, programs, and

projects are barrier-free and accessible to all citizens.

(e) Establish and maintain effective public relations

regarding state parks, utilizing all appropriate communications

media.

(f) Advise on financial planning and pursue adequate budget

support for state parks.

(g) Serve as a liaison and coordinate with other agencies to

ensure a cooperative effort to provide the most effective and

economical services possible at state parks.

(h) ~~Evaluate~~ Within 2 years after the effective date of the

amendatory act that added subdivision (j) and periodically

thereafter, evaluate and submit a report to the standing committees

of the legislature with jurisdiction over issues pertaining to

natural resources and the environment on the state parks programs,

facilities, services, and relationships ~~periodically~~ to assure

that the committee's goals and objectives are being achieved.

(i) Advise and make recommendations to the department on the

gem of the parks award, the state parks volunteer of the year

award, and the state parks employee of the year award established

under section 74124.

(j) Review and make recommendations to the department on

whether land within a state park should be transferred as provided

in section 74102b.

(13) The chairperson of the committee shall ensure that all

proposed policy positions of the committee are sent to the

committee members at least 1 week in advance of the meeting at

which the policy position will be acted upon. The committee may

adopt an emergency resolution that has not been sent to committee

members at least 1 week prior to a meeting of the committee, but

only upon the approval of 3/4 of those present at the meeting.

Sec. 74102b. (1) Prior to recommending that the state transfer

more than 100 acres or more than 15% of the total acreage of a

state park, whichever is less, by sale or otherwise, the department

shall do both of the following:

(a) Submit a proposal with detailed information regarding the

potential transfer to the committee for its review and

recommendation.

(b) Hold a public hearing, following appropriate public

notice, in the vicinity of the state park.

(2) Upon receipt of a proposal under subsection (1), the

committee shall review the proposal and make a recommendation to

the department. The committee's recommendation is not binding on

the department.

(3) Following the public hearing under subsection (1) and

receipt of the committee's recommendation under subsection (2), the

Senate Bill No. 971 as amended March 22, 2006

department may prepare a written recommendation for the transfer of

land within a state park. The written recommendation shall include

the committee's recommendation. The written recommendation shall be

submitted to the standing committees of the senate and house of

representatives with jurisdiction over issues primarily pertaining

to natural resources and the environment and to the senate and

house appropriations committees. If the recommendation is for the

transfer of more than 100 acres or more than 15% of the total

acreage of a state park, whichever is less, to another public

entity without compensation, the recommendation shall include a

proposed deed restriction on the land that provides for public

access to the land for purposes of hunting and fishing and other

similar recreational uses of the land.

(4) The transfer of more than 100 acres or more than 15% of

the total acreage of a state park, whichever is less, is prohibited

unless specifically authorized by law.

(5) State park land, other than state park land described in

subsection (4), shall not be sold unless <<ALL>> of the following

conditions are met:

<<(A) THE DEPARTMENT HAS POSTED ON ITS WEBSITE NOTICE OF THE PROPOSED SALE.>>

<<(B) ~~(a)~~>> The department has provided written notice of the

proposed

sale to the standing committees of the legislature with

jurisdiction over issues primarily dealing with natural resources

and the environment.

<<(C) ~~(b)~~>> The sale is not completed for a period of at least 60

days

after the notice has been provided to the standing committees under

subdivision <<(B)>>.

(6) The department shall publish on its website a list of the

acreage of each state park on the effective date of the amendatory

act that added this subsection.

(7) As used in this section:

(a) "State park" means land within the dedicated boundary of a

state park or state recreation area that was designated as a state

park or state recreation area on the effective date of the

amendatory act that added this section and any land within the

dedicated boundary of a state park or state recreation area that is

designated as a state park or state recreation area by the director

after the effective date of the amendatory act that added this

section.

(b) "Total acreage of a state park" means the total acreage

within the dedicated boundaries of a state park on the effective

date of the amendatory act that added this section or the largest

amount of acreage included within the dedicated boundaries of a

state park after the effective date of the amendatory act that

added this section, whichever is greater.

Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 972 of the 93rd Legislature is enacted into

law.