May 4, 2010, Introduced by Reps. Lindberg, Roy Schmidt, McDowell, Lahti and Liss and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 72101 and 72110 (MCL 324.72101 and 324.72110),
section 72101 as amended by 1997 PA 129 and section 72110 as added
by 1995 PA 58, and by adding sections 72121, 72122, 72123, 72124,
and 72125.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 72101. As used in this part:
(a)
"Advisory council" means the Michigan trailways snowmobile
and
trails advisory council created in section
72110 2009 Executive
Reorganization Order No. 31, MCL 324.99919, and 2009 Executive
Reorganization Order No. 38, MCL 324.99920.
(b) "Council" means a Michigan trailway management council
established pursuant to section 72106.
(c) "Cross-country ski trail" means a trailway suitable for
cross-country skiing.
(d) "Cross-country skiing" means traveling across country over
snow by human power on skis. Cross-country skiing does not require
the use of lifts, tows, or other mechanical devices.
(e) "Department" means the department of natural resources and
environment.
(f) (c)
"Fund" means the Michigan
trailways fund created in
section 72109.
(g) (d)
"Governmental agency"
means the federal government, a
county, city, village, or township, or a combination of any of
these entities.
(h) (e)
"Michigan
trailway" means a trailway designated by the
commission pursuant to section 72103.
(i) "Michigan skiway" means a cross-country ski trail
designated by the commission under section 72121.
(j) (f)
"Rail-trail" means a
former railroad bed that is in
public ownership and used as a trailway.
(k) (g)
"Trailway" means a land
corridor that features a broad
trail capable of accommodating a variety of public recreation uses.
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 individuals who represent Michigan trailway user
groups.
(c)
One local government official from a governmental agency
in
which a multiple use trailway is located.
(d)
One member of the general public.
(3)
The members first appointed to the commission shall be
appointed
within 90 days after April 21,
1993.
(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.
(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 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.
(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.
(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 Michigan snowmobile and trails 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 and the establishment and operation of
Michigan trailways.
Sec. 72121. (1) The commission shall establish a network of
Michigan skiways in the state. Michigan skiways may be located on
Michigan trailways, on trailways on state owned land, or on other
public or private land under agreement between the department and
the landowner.
(2) While skiing on a Michigan skiway, a person 16 years of
age or older shall carry in immediate possession a valid, signed
cross-country ski pass. A cross-country ski pass must be signed by
the skier across the front of the pass to be valid and becomes
nontransferable upon signing. The ski pass shall be available for
inspection by any peace officer or conservation officer. A
landowner who grants an easement for a grant-in-aid ski trail is
not required to possess a ski pass when skiing on the landowner's
property.
(3) A participant in a cross-country ski race or other
official school activity is not required to be in possession of a
cross-country ski pass if a special use permit has been obtained by
the organizers of the event or those in an official capacity, in
advance, from the department or other agency with jurisdiction over
the Michigan skiway. A permit issued under this subsection shall
require that the permit holder return the trailway and any
associated facility to its original condition if any damage is done
by the permittee. Limited permits for special events may be issued
and shall require the removal of any trail markers, banners, and
other material used in connection with the special event.
(4) As used in this section, "cross-country ski race" means a
timed skiing event organized for the participation of a large
number of skiers at 1 time over a course prepared specifically for
a ski race.
Sec. 72122. (1) Within 90 days after the effective date of
this section, the department shall make available for sale cross-
country ski passes for use on Michigan skiways. The department may
appoint agents to issue and sell cross-country ski passes. The
department may revoke the appointment of an agent any time. An
agent shall observe all rules for the accounting and handling of
licenses.
(2) The cost of a cross-country ski pass is as follows:
(a) Five dollars for a daily permit.
(b) Twenty dollars for a yearly permit.
(c) Forty dollars for a permit that is valid for 3 years.
(3) In addition to the fee for a cross-country ski pass, an
issuing fee of $1.00 shall be charged by an agent selling the
cross-country ski pass.
(4) An agent shall promptly remit all money received from the
sale of cross-country ski passes, except issuing fees, to the
department. The department shall forward all money received under
this section to the state treasurer for deposit into the Michigan
skiways fund created in section 72123.
Sec. 72123. (1) The Michigan skiways fund is created within
the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the Michigan skiways fund. The state
treasurer shall direct the investment of the Michigan skiways fund.
The state treasurer shall credit to the Michigan skiways fund
interest and earnings from fund investments.
(3) Money in the Michigan skiways fund at the close of the
fiscal year shall remain in the fund and shall not lapse to the
general fund.
(4) The department shall be the administrator of the Michigan
skiways fund for auditing purposes.
(5) The department shall expend money from the Michigan
skiways fund, upon appropriation, only for 1 or more of the
following purposes:
(a) Issuing cross-country ski passes.
(b) Maintaining, grooming, and improving Michigan skiways.
(c) Grants for Michigan skiways sponsored by local units of
government.
Sec. 72124. The department shall establish a grant program for
local units of government for the acquisition, development, and
maintenance of Michigan skiways. Grants shall be available for
acquisition of trailway easements but shall not be used to acquire
any land in fee title. Local units of government applying for and
receiving grants under this section shall be considered to have
Michigan skiways for 1 year following the expiration of their last
grant. The department shall issue grants for Michigan skiways
sponsored by local units of government based upon criteria
established by the department.
Sec. 72125. (1) A person who violates section 72121(2) is
responsible for a state civil infraction and may be ordered to pay
a civil fine of not more than $50.00.
(2) A person who knowingly makes a false statement related to
an application for a cross-country ski pass is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $50.00.