HOUSE BILL No. 5553

May 8, 2014, Introduced by Reps. Franz, Kelly, Pettalia, Pscholka, LaFontaine, Kivela, Rendon, Pagel, Johnson, McBroom, Outman and Foster and referred to the Committee on Tourism.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 72107 and 72109 (MCL 324.72107 and 324.72109),

 

as added by 1995 PA 58.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 72107. In agricultural areas, a Michigan trailway trail

 

may be temporarily closed by the entity operating the trailway

 

trail to allow pesticide application on lands adjoining the

 

trailway. trail. The entity operating the Michigan trailway trail

 

shall post the closure of the trailway trail or arrange with a

 

landowner or other person for the posting of signs and the closure

 

of the trailway trail during pesticide application and appropriate

 

reentry periods.

 

     Sec. 72109. (1) The Pure Michigan trailways Trails fund is

 


created within the state treasury.

 

     (2) Except as otherwise provided by law, the state treasurer

 

may receive money or other assets from any of the following for

 

deposit into the fund:

 

     (a) Fees collected from users of trailways on state forest

 

lands.

 

     (a) (b) Payments to the state for easements, use permits,

 

leases, or other use of state owned Pure Michigan trailway Trail

 

property.

 

     (b) (c) Payments to the state for concessions operated by

 

private vendors on state owned property located on or adjacent to a

 

Pure Michigan trailway.Trail.

 

     (c) (d) Federal funds.

 

     (d) (e) Gifts or bequests.

 

     (e) (f) State appropriations.

 

     (f) (g) Money or assets from other sources as provided by law.

 

     (3) The state treasurer shall direct the investment of the

 

fund. The state treasurer shall credit to the fund interest and

 

earnings from fund investments.

 

     (4) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (5) Money in the fund may be expended for any of the following

 

purposes:

 

     (a) The expenses of the department in operating and

 

maintaining the Pure Michigan trailway Trail system and enforcing

 

Pure Michigan trailway Trail rules and regulations.

 

     (b) Grants to or contracts with councils, nonprofit

 


organizations, private sector entities, or governmental agencies to

 

operate and maintain segments of Pure Michigan trailways Trails and

 

to enforce Pure Michigan trailway Trail rules and regulations.

 

     (c) Funding Pure Michigan trailway Trail construction and

 

improvements.

 

     (d) Acquisition of land or rights in land.

 

     (e) Publications and promotions of the Pure Michigan trailways

 

Trails system.

 

     (6) In determining the expenditure of money in the fund, the

 

department shall consider all of the following:

 

     (a) The need for funding for each of the purposes listed in

 

subsection (5).

 

     (b) The estimated cost of Michigan trailway management for

 

each governmental agency that manages a Michigan trailway, based on

 

previous costs, trailway mileage, level of use, and other relevant

 

factors.

 

     (c) The need of each governmental agency that manages a

 

Michigan trailway for financial assistance in managing that

 

trailway, and the amount of money from the fund received by that

 

agency in the past.

 

     (d) The amount of revenue accruing to the fund that is

 

generated from each Michigan trailway.

 

     (e) Other factors considered appropriate by the department.

 

     (6) (7) The department shall submit a report to the

 

legislature on or before December 1 of each year describing the use

 

of money appropriated from the fund in the previous fiscal year.

 

     Enacting section 1. This amendatory act does not take effect

 


unless all of the following bills of the 97th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 873.

 

     (b) Senate Bill No. 875.

 

     (c) Senate Bill No. 876.

 

     (d) Senate Bill No. 877.

 

     (e) House Bill No. 5559 (request no. H04013'13 *).