SB-0578, As Passed Senate, December 17, 2009

SUBSTITUTE FOR

SENATE BILL NO. 578

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding sections 72114, 72115, and

72116.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 72114. (1) Within 1 year after receiving recommendations

from the Michigan snowmobile and trails advisory council, the

commission shall adopt a plan for a statewide trailway network that

includes Michigan trailways, pack and saddle trailways, and other

recreational use trailways. The plan for a statewide trailway

network shall be designed to accommodate a variety of public

recreation uses and shall specify the types of uses that are

allowed on each trailway segment. Following adoption of the plan

for a statewide trailway network, if the commission determines, at

a meeting of the commission, that additional trailways should be

added to the plan, that the plan should be modified to include

additional Michigan trailways or pack and saddle trailways, or that

uses on particular trailway segments as provided in the plan should

be modified, the commission may update the plan for a statewide

trailway network.

(2) Upon adoption of a plan for a statewide trailway network

under subsection (1), the department shall make the plan available

on the department's website.

(3) Within 1 year after receiving recommendations from the

equine trailways advisory council under section 72116, the Michigan

snowmobile and trails advisory council shall review recommendations

from the equine trailways advisory council as well as other

interested trailway users and shall make recommendations to the

commission for the establishment of a plan for a statewide trailway

network under subsection (1).

(4) If the Michigan snowmobile and trails advisory council

does not submit recommendations to the commission as provided for

in subsection (3), within 2 years after the effective date of the

amendatory act that added this section, the commission shall review

the recommendations of the equine trailways advisory council or the

department under section 72116 and recommendations of other

interested trailway users and shall adopt a plan for a statewide

trailway network as provided for in subsection (1).

Sec. 72115. (1) Pack and saddle animals shall not be

restricted from access to public land owned, managed, or funded by

the state on pack and saddle trailways that have previously been

open for use by pack and saddle animals at any time. However,

access may be restricted on these lands 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 if the restriction is based on sound

science, to the greatest extent practicable, and validated 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 (2), the department

shall not restrict pack and saddle animals from lands described in

this subsection 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 trailways and equine access locations to receive

testimony from the general public. The commission shall invite the

advisory council, the equine trailways advisory council, 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.

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

an imminent threat to public health, safety, welfare, or the

environment, the director may issue a temporary order restricting

access by pack and saddle animals for 30 days or until the threat

is abated. A temporary order under this subdivision may be reissued

if the threat 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 on which the

department has restricted access for pack and saddle animals shall

be posted on the department's website and notification shall be

provided to the equine trailways advisory council created in

section 72116.

(2) Restrictions on access by pack and saddle animals that

were in effect on the effective date of the amendatory act that

added this section shall remain in effect until those restrictions

are reviewed using the process outlined in subsection (1). The

commission shall review the restrictions on access by pack and

saddle animals previously imposed by the department in the

following areas according to the following timelines:

(a) Not later than May 15, 2010, the Pigeon river country

state forest.

(b) Not later than January 1, 2011, the Lapeer state game area

and the Gladwin state game area.

area and the Blueberry Ridge pathway.

(3) This section does not require pack and saddle animals to

be excluded from new trailways on public lands unless restricted by

the commission as provided in subsection (1).

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

owned land except on pack and saddle trailways that are open for

access by pack and saddle animals.

Sec. 72116. (1) The equine trailways advisory council is

created within the department. The department may provide staffing

and administrative support to the equine trailways advisory

council. The equine trailways advisory council may also be staffed

and funded by user groups and other interested persons.

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

director of the department or his or her designee and the following

members appointed by the governor with the advice and consent of

the senate:

(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 members first appointed to the equine trailways

advisory council shall be appointed within 60 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 within 30 days after the

appointments have been made. 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 all of the

following:

(a) Within 1 year after the appointment of its members,

prepare and submit to the Michigan snowmobile and trails advisory

council a recommended plan for a statewide network of pack and

saddle trailways. The recommended plan for a statewide pack and

saddle trailways network shall include both of the following:

(i) All pack and saddle trailways on state owned land that have

previously been open for use by pack and saddle animals at any time

and that the equine trailways advisory council determines are

appropriate for pack and saddle trailways.

(ii) All additional state lands that the equine trailways

advisory council determines would be appropriate for pack and

saddle animals and would contribute to a statewide network of pack

and saddle trailways.

(b) Advise the commission and the department on the

development and use of the pack and saddle trailways network.

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

(d) Advise the commission and the department on funding to

conduct pack and saddle trailway reviews under section 72115 and to

provide for the reopening of previously closed pack and saddle

trailways, the preservation of existing pack and saddle trailways,

and the development of new pack and saddle trailways across the

state.

(13) If the equine trailways advisory council 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 and shall submit

that plan to the commission.

Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4610 of the 95th Legislature is enacted into

law.