HB-5103, As Passed House, November 13, 2013
October 29, 2013, Introduced by Reps. Rendon, Outman, Kurtz, Victory, Pagel, McBroom, Johnson, Denby, Daley, Smiley, Hovey-Wright, Bumstead, Foster, Lyons, LaFontaine, Kivela, Goike, Dianda, Pettalia and Franz and referred to the Committee on Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 72110 (MCL 324.72110), as amended by 2010 PA
46.
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. 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 Subject
to subsection (4), a member of the
advisory council shall be appointed for a term of 4 years.
(4) All of the following apply to the first advisory council
appointed after the effective date of the amendatory act that added
this subsection:
(a) 2 members shall serve for 1 year.
(b) 3 members shall serve for 2 years.
(c) 3 members shall serve for 3 years.
(d) 3 members, not fewer than 2 of whom shall be members of
the equine trailways subcommittee created under section 72110a,
shall serve for 4 years.
(5) 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 not affect the power of the remaining members
to exercise the duties of the advisory council.
(6) (4)
Not fewer than 5 members of the
advisory council shall
be
an owner owners of an ORV licensed as required under section
81115 or an owner of a snowmobile registered under section 82105.
Not
fewer than 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 2 members of the
advisory council shall be members of the equine trailways
subcommittee created in section 72110a.
(7) (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.
(8) (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.
(9) (7)
The advisory council shall adopt
procedures consistent
with this section and other applicable state law governing its
organization and operations.
(10) (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.
(11) (9)
The advisory council shall meet at
the call of the
chairperson and as may be provided in procedures adopted by the
advisory council.
(12) (10)
The advisory council may, as
appropriate, make
inquiries,
conduct studies
, and 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.
(13) (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 advise the
advisory council.
(14) (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.
(15) (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.
(16) (14)
The advisory council may accept
donations of labor,
services, or other things of value from any public or private
agency or person.
(17) (15)
Members of the advisory council
shall refer all
legal, legislative, and media contacts to the department.
(18) (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
on the expenditure of money in the fund.
(b) Advise the commission and the department on the
implementation of this part and the establishment and operation of
Michigan trailways.