HB-4610, As Passed House, November 5, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4610

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 72101, 72102, and 72110 (MCL 324.72101,

324.72102, and 324.72110), section 72101 as amended by 1997 PA 129

and sections 72102 and 72110 as added by 1995 PA 58, and by adding

sections 72114 and 72115.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 72101. As used in this part:

(a) "Advisory council" means the Michigan trailways advisory

council created in section 72110.

(b) "Council" means a Michigan trailway management council

established pursuant to section 72106.

management roads, forestry access roads, established 2-track and

single-track trails, staging areas for pack and saddle animals to

be dropped off or picked up, and associated wilderness campsites.

(d) ~~(c)~~ "Fund" means the Michigan trailways fund created in

section 72109.

(e) ~~(d)~~ "Governmental agency" means the federal government, a

county, city, village, or township, or a combination of any of

these entities.

(f) ~~(e)~~ "Michigan trailway" means a trailway designated by the

commission pursuant to section 72103.

(g) ~~(f)~~ "Rail-trail" means a former railroad bed that is in

public ownership and used as a trailway.

(h) ~~(g)~~ "Trailway" means a land corridor that features a broad

trail capable of accommodating a variety of public recreation uses.

Sec. 72102. The legislature finds and declares that: a

(a) A statewide system of trailways will provide for public

enjoyment, health, and fitness; encourage constructive leisure-time

activities; protect open space, cultural and historical resources,

and habitat for wildlife and plants; enhance the local and state

economies; link communities, parks, and natural resources; create

opportunities for rural-urban exchange, agricultural education, and

the marketing of farm products; and preserve corridors for possible

future use for other public purposes. Therefore, the planning,

acquisition, development, operation, and maintenance of Michigan

trailways is in the best interest of the state and is declared to

be a public purpose.

(b) The use of trailways and equine access locations by pack

and saddle animals is compatible with the management of land for

the conservation of fish and wildlife.

Sec. 72110. (1) The Michigan trailways advisory council is

created within the department of natural resources.

(2) The advisory council shall consist of the following

members appointed by the commission:

(a) One individual who is involved with the establishment or

operation of a multiple use trailway.

(b) ~~Two~~ Three individuals who represent Michigan trailway user

groups.

advisory council created in section 72115.

(d) ~~(c)~~ One local government official from a governmental

agency in which a multiple use trailway is located.

(e) ~~(d)~~ One member of the general public.

(3) The additional members ~~first appointed to~~ of the

~~commission~~ advisory council as provided for in the 2009 amendatory

act that amended this section shall be appointed within 90 days

~~after~~ ~~April 21, 1993~~ after the effective date of the 2009

amendatory act that amended this section.

(4) Members of the advisory council 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 1

year, 1 shall serve for 2 years, and 1 shall serve for 3 years. Of

the members added to the advisory council by the 2009 amendatory

act that amended this section, the member first appointed under

subsection (2)(c) shall serve for 4 years and the additional member

first appointed under subsection (2)(b) shall serve for 3 years.

(5) If a vacancy occurs on the advisory council, the

commission shall make an appointment for the unexpired term in the

same manner as the original appointment.

(6) The commission may remove a member of the advisory council

for incompetency, dereliction of duty, malfeasance, misfeasance, or

nonfeasance in office, or any other good cause.

(7) The first meeting of the advisory council shall be called

by the commission. At the first meeting the advisory council shall

elect from among its members a chairperson and other officers as it

considers necessary or appropriate. After the first meeting, the

advisory council shall meet at least annually or more frequently at

the call of the chairperson or if requested by 3 4 or more members.

(8) A majority of the members of the advisory council

constitutes a quorum for the transaction of business at a meeting

of the advisory council. A majority of the members present and

serving is required for official action of the advisory council.

(9) The business the advisory council may perform shall be

conducted at a public meeting of the advisory council held in

compliance with the open meetings act, ~~Act No. 267 of the Public~~

~~Acts of 1976, being sections 15.261 to 15.275 of the Michigan~~

~~Compiled Laws~~ 1976 PA 267, MCL 15.261 to 15.275.

(10) A writing prepared, owned, used, in possession of, or

retained by the advisory council in the performance of an official

function is subject to the freedom of information act, ~~Act No. 442~~

~~of the Public Acts of 1976, being sections 15.231 to 15.246 of the~~

~~Michigan Compiled Laws~~ 1976 PA 442, MCL 15.231 to 15.246.

(11) Members of the advisory council shall serve without

compensation. However, members of the advisory council may be

reimbursed for their actual and necessary expenses incurred in the

performance of their official duties as members of the advisory

council.

(12) The advisory council shall do both of the following:

(a) Make recommendations to the commission and the department

on the expenditure of money in the fund.

(b) Advise the commission and the department on the

implementation of this ~~act~~ part and the establishment and operation

of Michigan trailways.

Sec. 72114. (1) The department shall preserve and facilitate

the continued use and access of pack and saddle animals on all

trailways and equine access locations on state owned land that have

been open for use by pack and saddle animals since January 1, 1999.

Additionally, all trailways and equine access locations on state

owned land that were available for use by pack and saddle animals

on January 1, 1999 and were subsequently closed shall be reopened

and made accessible for use by pack and saddle animals.

(2) Not later than July 31, 2010, the commission, in

consultation with the equine trailways advisory council created in

section 72115, shall establish a network of trailways on state

owned land that may be used by pack and saddle animals. The network

of pack and saddle trailways shall include those trailways and

equine access locations on state owned land that have been open for

use by pack and saddle animals at any time since January 1, 1999.

(3) The designation of a trailway for pack and saddle animals

under subsection (2) does not preclude the use of the trailway for

other uses as designated by the commission.

(4) The commission, in consultation with the equine trailways

advisory council created in section 72115, shall facilitate the

inclusion of other public and private lands within a statewide

network of pack and saddle trailways to provide for a comprehensive

network of pack and saddle trailways throughout the state.

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

owned land except on trailways and equine access locations that are

open for use by pack and saddle animals.

Sec. 72115. (1) The equine trailways advisory council is

created within the department.

(2) The equine trailways advisory council shall consist of the

following members, appointed jointly by the governor, the senate

majority leader, and the speaker of the house of representatives:

(a) One individual representing the state's tourism industry.

(b) One individual representing businesses that support the

equine industry.

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 members first appointed to the equine trailways

advisory council shall be appointed within 90 days after the

effective date of the amendatory act that added this section.

(4) Members of the equine trailways advisory council 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 3 shall

serve for 4 years.

(5) If a vacancy occurs on the equine trailways advisory

council, an appointment for the unexpired term shall be made in the

same manner as the original appointment.

(6) A member of the equine trailways advisory council 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 advisory council

shall be called by the director. At the first meeting, the equine

trailways advisory council shall elect from among its members a

chairperson and other officers as it considers necessary or

appropriate. After the first meeting, the equine trailways advisory

council 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 advisory

council constitute a quorum for the transaction of business at a

meeting of the equine trailways advisory council. A majority of the

members present and serving are required for official action of the

equine trailways advisory council.

(9) The business that the equine trailways advisory council

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

trailways advisory council 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 advisory council 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 advisory council shall

serve without compensation. However, members of the equine

trailways advisory council may be reimbursed for their actual and

necessary expenses incurred in the performance of their official

duties as members of the equine trailways advisory council.

(12) The equine trailways advisory council shall do both of

the following:

(a) Advise the commission and the department on the state's

network of trailways that may be used by pack and saddle animals.

(b) Advise the commission and the department on other matters

related to the promotion of the state's equine industry.