Pigeon River & Beyond - Back Country Horsemen, Michigan

H.B. 4610 UPDATE:

H.B. 4610 HAS PASSED THE HOUSE 76 TO 26!
Now onto the Senate for the next step.
Everyone's hard work is paying off!
Click here for current updates to HB 4610

Dear Back Country Horsemen members and friends,

I would like to thank all of you for your never-ending support for “right to ride” legislation.  We just made it over the first hurdle (very successfully, I might add!)

A vote of 76 for and 26 against, sent a clear message to the DNR, the Senate as well as to all user groups who love our “great outdoors”.  A special thanks to all our legislators who got our message!  Where would we be without the great bi-partisan support from former Rep. Tom Casperson, Rep. Joel Sheltrown, Rep. Tim Moore and Senator Cameron Brown?  These people are “warriors” on our behalf.

We don’t want to celebrate prematurely, however. We will be holding our elected officials accountable.  I’ve told all of them that we’re making a list and checking it twice.  Please see if your hard work paid off with your respective legislators.  We now have to keep pressure on our senators and the Governor.

We need to take our State back and put it in the hands of “We the People.”  By doing this we will in fact help our struggling state’s budget woes and unemployment numbers.

Thanks again and God Bless,

Dick Kleinhardt

President, PR&B BCHMI

Click here to read the Senate version of HB 4610

Check below to see how your State Representative voted:

House Bill No. 4610, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72101 (MCL 324.72101), as amended by 1997 PA 129, and by adding section 72114.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 531

Yeas—76

Agema Durhal Kowall Pavlov

Amash Elsenheimer Kurtz Pearce

Ball Espinoza LeBlanc Polidori

Bolger Geiss Leland Proos

Booher Genetski Lemmons Rocca

Brown, T. Green Liss Rogers

Calley Griffin Lori Schmidt, R.

Caul Haines Lund Schmidt, W.

Clemente Hansen Mayes Schuitmaker

Constan Haugh McMillin Scott, B.

Corriveau Haveman Meekhof Scott, P.

Coulouris Hildenbrand Melton Sheltrown

Crawford Horn Meltzer Slezak

Daley Huckleberry Miller Spade

Dean Jackson Moore Stamas

Denby Johnson Moss Stanley

DeShazor Jones, Rick Nathan Tyler

Dillon Jones, Robert Neumann Walsh

Donigan Knollenberg Opsommer Womack

Nays—26

Angerer Ebli Lahti Segal

Barnett Gonzales Lindberg Slavens

Bauer Gregory Lipton Smith

Bledsoe Haase Meadows Switalski

Brown, L. Hammel Roberts Warren

Byrnes Kandrevas Scripps Young

Byrum Kennedy

In The Chair: Byrnes

The question being on agreeing to the title of the bill,

Rep. Angerer moved to amend the title to read as follows:

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 motion prevailed.

The House agreed to the title as amended.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Co-sponsors of this bill:

Reps. Bolger, Booher, Terry Brown, Calley, Caul, Crawford, Daley, DeShazor, Espinoza, Green, Hansen, Haveman, Horn, Huckleberry, Rick Jones, Robert Jones, Kowall, Lemmons, Mayes, Meekhof, Meltzer, Neumann, Opsommer, Pearce, Proos, Roy Schmidt, Schuitmaker, Paul Scott, Spade and Tyler  

Thank you to all that worked so hard to accomplish this!

Please take some time to thank all those that helped get us to this point!

Click here to view video (comments may also be left here).

The passage of this bill in the House is a testament to how much power the people hold when they work together, rally together and contact their legislators!  Please continue to be diligent in contacting your legislators!

Click here for the BCHMI FaceBook group.

We have our petition numbers up to 11,231!

Note that we have a NEW online petition. Please circulate it's link to all that you can and let's make another big push! 

If you're on any of the social networks, please make sure to post a link to the petition site please!

We turned in a total of 8380 signatures in support of H.B. 4610 at the Tourism, Outdoor Recreation - Natural Resource Committee hearing!!!

 

Senate Substitute for HB 4610 (12/2009)

(Note:  The highlighted yellow fonts are what

was struck from the Senate version.)

DRAFT 1
SENATE 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.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 72101. As used in this part:
2 (a) "Advisory council" OR "MICHIGAN SNOWMOBILE AND TRAILS
3 ADVISORY COUNCIL" means the Michigan trailways SNOWMOBILE AND
4 TRAILS advisory council created in section 72110.
5 (b) "Council" means a Michigan trailway management council
6 established pursuant to section 72106.
7 (C) "DEPARTMENT" MEANS THE DEPARTMENT OF NATURAL RESOURCES AND
8 ENVIRONMENT.
2
H01690'09 * (S-3) Draft 1 JCB
1 (D) "EQUINE ACCESS LOCATIONS" MEANS OPEN ACCESS ROADS,
2 MANAGEMENT ROADS, FORESTRY ACCESS ROADS, 2-TRACK AND SINGLE-TRACK
3 TRAILS, STAGING AREAS FOR PACK AND SADDLE ANIMALS TO BE DROPPED OFF
4 OR PICKED UP, AND ASSOCIATED WILDERNESS CAMPSITES.
5 (E) (c) "Fund" means the Michigan trailways fund created in
6 section 72109.
7 (F) (d) "Governmental agency" means the federal government, a
8 county, city, village, or township, or a combination of any of
9 these entities.
10 (G) (e) "Michigan trailway" means a trailway designated by the
11 commission pursuant to section 72103.
12 (H) "PACK AND SADDLE TRAILWAYS" MEANS TRAILWAYS AND EQUINE
13 ACCESS LOCATIONS THAT MAY BE USED BY PACK AND SADDLE ANIMALS.
14 (I) (f) "Rail-trail" means a former railroad bed that is in
15 public ownership and used as a trailway.
16 (J) (g) "Trailway" means a land corridor that features a broad
17 trail capable of accommodating a variety of public recreation uses,
18 INCLUDING A TRAIL AS DEFINED IN SECTION 72301.
19 Sec. 72102. The legislature finds and declares that: a
20 (A) A statewide system of trailways AND PACK AND SADDLE
21 TRAILWAYS will provide for public enjoyment, health, and fitness;
22 encourage constructive leisure-time activities; protect open space,
23 cultural and historical resources, and habitat for wildlife and
24 plants; enhance the local and state economies; link communities,
25 parks, and natural resources; create opportunities for rural-urban
26 exchange, agricultural education, and the marketing of farm
27 products; and preserve corridors for possible future use for other
3
H01690'09 * (S-3) Draft 1 JCB
1 public purposes. Therefore, the planning, acquisition, development,
2 operation, and maintenance of Michigan trailways AND PACK AND
3 SADDLE TRAILWAYS is in the best interest of the state and is
4 declared to be a public purpose.
5 (B) IN PROVIDING AND DEVELOPING FACILITIES FOR OUTDOOR
6 RECREATION UNDER SECTIONS 503 AND 70301, THE USE OF TRAILWAYS AND
7 PACK AND SADDLE TRAILWAYS BY PACK AND SADDLE ANIMALS AND OTHER
8 NONMOTORIZED USERS IS AN ALLOWABLE RECREATIONAL USE AND IS
9 PERMISSIBLE UNDER CHAPTER 21 OF PART 522 OF THE SERVICES MANUAL OF
10 THE FEDERAL FISH AND WILDLIFE SERVICE.
11 Sec. 72110. (1) The Michigan trailways advisory council is
12 created within the department of natural resources.
13 (2) The advisory council shall consist of the following
14 members appointed by the commission:
15 (a) One individual who is involved with the establishment or
16 operation of a multiple use trailway.
17 (b) Two individuals who represent Michigan trailway user
18 groups.
19 (c) One local government official from a governmental agency
20 in which a multiple use trailway is located.
21 (d) One member of the general public.
22 (3) The members first appointed to the commission shall be
23 appointed within 90 days after April 21, 1993.
24 (4) Members of the advisory council shall serve for terms of 4
25 years, or until a successor is appointed, whichever is later,
26 except that of the members first appointed, 2 shall serve for 1
27 year, 1 shall serve for 2 years, and 1 shall serve for 3 years.

4
H01690'09 * (S-3) Draft 1 JCB

1 (5) If a vacancy occurs on the advisory council, the
2 commission shall make an appointment for the unexpired term in the
3 same manner as the original appointment.
4 (6) The commission may remove a member of the advisory council
5 for incompetency, dereliction of duty, malfeasance, misfeasance, or
6 nonfeasance in office, or any other good cause.
7 (7) The first meeting of the advisory council shall be called
8 by the commission. At the first meeting the advisory council shall
9 elect from among its members a chairperson and other officers as it
10 considers necessary or appropriate. After the first meeting, the
11 advisory council shall meet at least annually or more frequently at
12 the call of the chairperson or if requested by 3 or more members.
13 (8) A majority of the members of the advisory council
14 constitutes a quorum for the transaction of business at a meeting
15 of the advisory council. A majority of the members present and
16 serving is required for official action of the advisory council.
17 (9) The business the advisory council may perform shall be
18 conducted at a public meeting of the advisory council held in
19 compliance with the open meetings act, Act No. 267 of the Public
20 Acts of 1976, being sections 15.261 to 15.275 of the Michigan
21 Compiled Laws.
22 (10) A writing prepared, owned, used, in possession of, or
23 retained by the advisory council in the performance of an official
24 function is subject to the freedom of information act, Act No. 442
25 of the Public Acts of 1976, being sections 15.231 to 15.246 of the
26 Michigan Compiled Laws.
27 (11) Members of the advisory council shall serve without

5
H01690'09 * (S-3) Draft 1 JCB
1 compensation. However, members of the advisory council may be
2 reimbursed for their actual and necessary expenses incurred in the
3 performance of their official duties as members of the advisory
4 council.
5 (1) THE MICHIGAN SNOWMOBILE AND TRAILS ADVISORY COUNCIL IS
6 CREATED AS AN ADVISORY BODY WITHIN THE DEPARTMENT.
7 (2) THE ADVISORY COUNCIL SHALL ADVISE THE DIRECTOR OF THE
8 DEPARTMENT AND THE GOVERNOR ON THE CREATION, DEVELOPMENT,
9 OPERATION, AND MAINTENANCE OF MOTORIZED AND NONMOTORIZED TRAILS IN
10 THIS STATE, INCLUDING, BUT NOT LIMITED TO, SNOWMOBILE, BIKING,
11 EQUESTRIAN, HIKING, OFF-ROAD VEHICLE, AND SKIING TRAILS. IN
12 ADVISING THE DIRECTOR AND THE GOVERNOR ON THE CREATION AND
13 DEVELOPMENT OF MOTORIZED AND NONMOTORIZED TRAILS IN THIS STATE, THE
14 ADVISORY COUNCIL SHALL SEEK TO HAVE THE TRAILS LINKED WHEREVER
15 POSSIBLE. THE ADVISORY COUNCIL MAY PERFORM ADDITIONAL RELATED
16 DUTIES AS PROVIDED BY THIS PART, OTHER LAW, OR AS REQUESTED BY THE
17 DIRECTOR OR THE GOVERNOR.
18 (3) THE ADVISORY COUNCIL SHALL CONSIST OF 11 MEMBERS APPOINTED
19 BY THE GOVERNOR. MEMBERS OF THE ADVISORY COUNCIL SHALL BE APPOINTED
20 FOR A TERM OF 4 YEARS. A VACANCY ON THE ADVISORY COUNCIL OCCURRING
21 OTHER THAN BY EXPIRATION OF A TERM SHALL BE FILLED BY THE GOVERNOR
22 IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT FOR THE BALANCE OF
23 THE UNEXPIRED TERM. A VACANCY SHALL NOT AFFECT THE POWER OF THE
24 REMAINING MEMBERS TO EXERCISE THE DUTIES OF THE ADVISORY COUNCIL.
25 (4) NOT FEWER THAN 5 MEMBERS OF THE MICHIGAN SNOWMOBILE AND
26 TRAILS ADVISORY COUNCIL SHALL BE AN OWNER OF AN ORV LICENSED UNDER
27 SECTION 81115 OR AN OWNER OF A SNOWMOBILE REGISTERED UNDER SECTION
6
H01690'09 * (S-3) Draft 1 JCB
1 82105. NOT FEWER THAN 3 MEMBERS OF THE MICHIGAN SNOWMOBILE AND
2 TRAILS ADVISORY COUNCIL SHALL BE AN OWNER OF A SNOWMOBILE
3 REGISTERED UNDER SECTION 82105. NOT FEWER THAN 1 MEMBER OF THE
4 MICHIGAN SNOWMOBILE AND TRAILS ADVISORY COUNCIL SHALL POSSESS
5 EXPERIENCE AS AN INSTRUCTOR IN A SNOWMOBILE SAFETY EDUCATION AND
6 TRAINING PROGRAM OR AN ORV SAFETY EDUCATION COURSE. NOT FEWER THAN
7 1 MEMBER OF THE MICHIGAN SNOWMOBILE AND TRAILS ADVISORY COUNCIL
8 SHALL BE A RESIDENT OF THE UPPER PENINSULA OF THIS STATE. NOT FEWER
9 THAN 2 MEMBERS OF THE MICHIGAN SNOWMOBILE AND TRAILS ADVISORY
10 COUNCIL SHALL BE MEMBERS OF THE EQUINE TRAILWAYS ADVISORY COUNCIL
11 CREATED IN SECTION 72116.
12 (5) THE GOVERNOR SHALL DESIGNATE A MEMBER OF THE ADVISORY
13 COUNCIL TO SERVE AS THE CHAIRPERSON OF THE ADVISORY COUNCIL AT THE
14 PLEASURE OF THE GOVERNOR. THE ADVISORY COUNCIL MAY SELECT A MEMBER
15 OF THE ADVISORY COUNCIL TO SERVE AS VICE-CHAIRPERSON OF THE
16 ADVISORY COUNCIL.
17 (6) THE ADVISORY COUNCIL SHALL BE STAFFED AND ASSISTED BY
18 PERSONNEL FROM THE DEPARTMENT, SUBJECT TO AVAILABLE FUNDING. ANY
19 BUDGETING, PROCUREMENT, OR RELATED MANAGEMENT FUNCTIONS OF THE
20 ADVISORY COUNCIL SHALL BE PERFORMED UNDER THE DIRECTION AND
21 SUPERVISION OF THE DIRECTOR OF THE DEPARTMENT.
22 (7) THE ADVISORY COUNCIL SHALL ADOPT PROCEDURES CONSISTENT
23 WITH THIS SECTION AND OTHER APPLICABLE STATE LAW GOVERNING ITS
24 ORGANIZATION AND OPERATIONS.
25 (8) A MAJORITY OF THE MEMBERS OF THE ADVISORY COUNCIL SERVING
26 CONSTITUTE A QUORUM FOR THE TRANSACTION OF THE ADVISORY COUNCIL'S
27 BUSINESS. THE ADVISORY COUNCIL SHALL ACT BY A MAJORITY VOTE OF ITS
7
H01690'09 * (S-3) Draft 1 JCB
1 SERVING MEMBERS.
2 (9) THE ADVISORY COUNCIL SHALL MEET AT THE CALL OF THE
3 CHAIRPERSON AND AS MAY BE PROVIDED IN PROCEDURES ADOPTED BY THE
4 ADVISORY COUNCIL.
5 (10) THE ADVISORY COUNCIL MAY, AS APPROPRIATE, MAKE INQUIRIES,
6 STUDIES, INVESTIGATIONS, HOLD HEARINGS, AND RECEIVE COMMENTS FROM
7 THE PUBLIC. THE ADVISORY COUNCIL MAY ALSO CONSULT WITH OUTSIDE
8 EXPERTS IN ORDER TO PERFORM ITS DUTIES, INCLUDING, BUT NOT LIMITED
9 TO, EXPERTS IN THE PRIVATE SECTOR, GOVERNMENT AGENCIES, AND AT
10 INSTITUTIONS OF HIGHER EDUCATION.
11 (11) THE ADVISORY COUNCIL MAY ESTABLISH ADVISORY WORKGROUPS,
12 INCLUDING, BUT NOT LIMITED TO, AN ADVISORY WORKGROUP ON
13 SNOWMOBILES, AS CONSIDERED NECESSARY BY THE ADVISORY COUNCIL TO
14 ASSIST THE ADVISORY COUNCIL IN PERFORMING THE DUTIES AND
15 RESPONSIBILITIES OF THE ADVISORY COUNCIL.
16 (12) MEMBERS OF THE ADVISORY COUNCIL SHALL SERVE WITHOUT
17 COMPENSATION. MEMBERS OF THE ADVISORY COUNCIL MAY RECEIVE
18 REIMBURSEMENT FOR NECESSARY TRAVEL AND EXPENSES CONSISTENT WITH
19 RELEVANT STATUTES AND THE RULES AND PROCEDURES OF THE CIVIL SERVICE
20 COMMISSION AND THE DEPARTMENT OF MANAGEMENT AND BUDGET, SUBJECT TO
21 AVAILABLE FUNDING.
22 (13) THE ADVISORY COUNCIL MAY HIRE OR RETAIN CONTRACTORS,
23 SUBCONTRACTORS, ADVISORS, CONSULTANTS, AND AGENTS, AND MAY MAKE AND
24 ENTER INTO CONTRACTS NECESSARY OR INCIDENTAL TO THE EXERCISE OF THE
25 POWERS OF THE ADVISORY COUNCIL AND THE PERFORMANCE OF ITS DUTIES AS
26 THE DIRECTOR OF THE DEPARTMENT CONSIDERS ADVISABLE AND NECESSARY,
27 IN ACCORDANCE WITH THIS PART, OTHER APPLICABLE LAW, AND THE RULES
8
H01690'09 * (S-3) Draft 1 Final Page JCB
1 AND PROCEDURES OF THE CIVIL SERVICE COMMISSION AND THE DEPARTMENT
2 OF MANAGEMENT AND BUDGET, SUBJECT TO AVAILABLE FUNDING.
3 (14) THE ADVISORY COUNCIL MAY ACCEPT DONATIONS OF LABOR,
4 SERVICES, OR OTHER THINGS OF VALUE FROM ANY PUBLIC OR PRIVATE
5 AGENCY OR PERSON.
6 (15) MEMBERS OF THE ADVISORY COUNCIL SHALL REFER ALL LEGAL,
7 LEGISLATIVE, AND MEDIA CONTACTS TO THE DEPARTMENT.
8 (16) (12) The IN ADDITION TO THE RESPONSIBILITIES PROVIDED IN
9 THIS SECTION AND OTHERWISE PROVIDED BY LAW, THE advisory council
10 shall do both of the following:
11 (a) Make recommendations to the commission and the department
12 on the expenditure of money in the fund.
13 (b) Advise the commission and the department on the
14 implementation of this act PART and the establishment and operation
15 of Michigan trailways.
16 Enacting section 1. This amendatory act does not take effect
17 unless Senate Bill No. 578 of the 95th Legislature is enacted into
18 law.

Senate Substitute for HB 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.


THE PEOPLE OF THE STATE OF MICHIGAN ENACT:


1 Sec. 72101. As used in this part:
2 (a) "Advisory council" means the Michigan trailways advisory
3 council created in section 72110.
4 (b) "Council" means a Michigan trailway management council
5 established pursuant to section 72106.
6 (C) "EQUINE ACCESS LOCATIONS" MEANS OPEN ACCESS ROADS,
7 MANAGEMENT ROADS, FORESTRY ACCESS ROADS, 2-TRACK AND SINGLE-TRACK
8 TRAILS, STAGING AREAS FOR PACK AND SADDLE ANIMALS TO BE DROPPED OFF
2
H01690'09 * (S-2) JCB
1 OR PICKED UP, AND ASSOCIATED WILDERNESS CAMPSITES.
2 (D) (c) "Fund" means the Michigan trailways fund created in
3 section 72109.
4 (E) (d) "Governmental agency" means the federal government, a
5 county, city, village, or township, or a combination of any of
6 these entities.
7 (F) (e) "Michigan trailway" means a trailway designated by the
8 commission pursuant to section 72103.
9 (G) "PACK AND SADDLE TRAILWAYS" MEANS TRAILWAYS AND EQUINE
10 ACCESS LOCATIONS THAT MAY BE USED BY PACK AND SADDLE ANIMALS.
11 (H) (f) "Rail-trail" means a former railroad bed that is in
12 public ownership and used as a trailway.
13 (I) (g) "Trailway" means a land corridor that features a broad
14 trail capable of accommodating a variety of public recreation uses,
15 INCLUDING A TRAIL AS DEFINED IN SECTION 72301.
16 Sec. 72102. The legislature finds and declares that: a
17 (A) A statewide system of trailways AND PACK AND SADDLE
18 TRAILWAYS will provide for public enjoyment, health, and fitness;
19 encourage constructive leisure-time activities; protect open space,
20 cultural and historical resources, and habitat for wildlife and
21 plants; enhance the local and state economies; link communities,
22 parks, and natural resources; create opportunities for rural-urban
23 exchange, agricultural education, and the marketing of farm
24 products; and preserve corridors for possible future use for other
25 public purposes. Therefore, the planning, acquisition, development,
26 operation, and maintenance of Michigan trailways AND PACK AND
27 SADDLE TRAILWAYS is in the best interest of the state and is
3
H01690'09 * (S-2) JCB
1 declared to be a public purpose.
2 (B) IN PROVIDING AND DEVELOPING FACILITIES FOR OUTDOOR
3 RECREATION UNDER SECTIONS 503 AND 70301, THE USE OF TRAILWAYS AND
4 PACK AND SADDLE TRAILWAYS BY PACK AND SADDLE ANIMALS AND OTHER
5 NONMOTORIZED USERS IS AN ALLOWABLE RECREATIONAL USE AND IS
6 PERMISSIBLE UNDER CHAPTER 21 OF PART 522 OF THE SERVICES MANUAL OF
7 THE FEDERAL FISH AND WILDLIFE SERVICE.
8 Sec. 72110. (1) The Michigan trailways advisory council is
9 created within the department of natural resources.
10 (2) The advisory council shall consist of the following
11 members appointed by the commission:
12 (a) One individual who is involved with the establishment or
13 operation of a multiple use trailway.
14 (b) Two FOUR individuals who represent Michigan trailway user
15 groups . AS FOLLOWS:
16 (i) TWO INDIVIDUALS WHO ARE MEMBERS OF THE EQUINE TRAILWAYS
17 ADVISORY COUNCIL CREATED IN SECTION 72116.
18 (ii) ONE INDIVIDUAL WHO IS A MEMBER OF A STATEWIDE BIKING
19 ASSOCIATION.
20 (iii) ONE INDIVIDUAL REPRESENTING THE MICHIGAN TRAILS AND
21 GREENWAYS ALLIANCE.
22 (c) One local government official from a governmental agency
23 in which a multiple use trailway is located.
24 (d) One member of the general public.
25 (E) ONE INDIVIDUAL REPRESENTING AN UPPER PENINSULA SPORTSMEN
26 ORGANIZATION.
27 (F) ONE INDIVIDUAL REPRESENTING A CONSERVATION OR SPORTSMEN
4
H01690'09 * (S-2) JCB
1 ORGANIZATION.
2 (3) The ADDITIONAL members first appointed to OF the
3 commission ADVISORY COUNCIL AS PROVIDED FOR IN THE 2009 AMENDATORY
4 ACT THAT AMENDED THIS SECTION shall be appointed within 90 days
5 after April 21, 1993 AFTER THE EFFECTIVE DATE OF THE 2009
6 AMENDATORY ACT THAT AMENDED THIS SECTION.
7 (4) Members of the advisory council shall serve for terms of 4
8 years, or until a successor is appointed, whichever is later,
9 except that of the members first appointed, 2 shall serve for 1
10 year, 1 shall serve for 2 years, and 1 shall serve for 3 years. OF
11 THE MEMBERS ADDED TO THE ADVISORY COUNCIL BY THE 2009 AMENDATORY
12 ACT THAT AMENDED THIS SECTION, 3 OF THE ADDITIONAL MEMBERS FIRST
13 APPOINTED SHALL BE APPOINTED TO SERVE FOR 4 YEARS AND 3 OF THE
14 ADDITIONAL MEMBERS FIRST APPOINTED SHALL BE APPOINTED TO SERVE FOR
15 3 YEARS.
16 (5) If a vacancy occurs on the advisory council, the
17 commission shall make an appointment for the unexpired term in the
18 same manner as the original appointment.
19 (6) The commission may remove a member of the advisory council
20 for incompetency, dereliction of duty, malfeasance, misfeasance, or
21 nonfeasance in office, or any other good cause.
22 (7) The first meeting of the advisory council shall be called
23 by the commission. At the first meeting the advisory council shall
24 elect from among its members a chairperson and other officers as it
25 considers necessary or appropriate. After the first meeting, the
26 advisory council shall meet at least annually or more frequently at
27 the call of the chairperson or if requested by 3 4 or more members.
5
H01690'09 * (S-2) JCB
1 (8) A majority of the members of the advisory council
2 constitutes CONSTITUTE a quorum for the transaction of business at
3 a meeting of the advisory council. A majority of the members
4 present and serving is ARE required for official action of the
5 advisory council.
6 (9) The business the advisory council may perform shall be
7 conducted at a public meeting of the advisory council held in
8 compliance with the open meetings act, Act No. 267 of the Public
9 Acts of 1976, being sections 15.261 to 15.275 of the Michigan
10 Compiled Laws 1976 PA 267, MCL 15.261 TO 15.275.
11 (10) A writing prepared, owned, used, in possession of, or
12 retained by the advisory council in the performance of an official
13 function is subject to the freedom of information act, Act No. 442
14 of the Public Acts of 1976, being sections 15.231 to 15.246 of the
15 Michigan Compiled Laws 1976 PA 442, MCL 15.231 TO 15.246.
16 (11) Members of the advisory council shall serve without
17 compensation. However, members of the advisory council may be
18 reimbursed for their actual and necessary expenses incurred in the
19 performance of their official duties as members of the advisory
20 council.
21 (12) The advisory council shall do both of the following:
22 (a) Make recommendations to the commission and the department
23 on the expenditure of money in the fund.
24 (b) Advise the commission and the department on the
25 implementation of this act PART and the establishment and operation
26 of Michigan trailways.
27 Enacting section 1. This amendatory act does not take effect
6
H01690'09 * (S-2) Final Page JCB
1 unless Senate Bill No. 578 of the 95th Legislature is enacted into
2 law.

 

Right to Ride / HB 4610  (The OLD revised version)

 

 

 

 

 

 

 

Right To Ride - H.B. 4610

 HOUSE BILL No. 4610

(House Bill 4610 (2009) / Michigan Legislature.mi.gov Website) 

 

"Map to HB4610 Hearing!" 

 

March 18, 2009, Introduced by Reps. Moore, Sheltrown, Kurtz, Polidori, Elsenheimer, Stamas, Hildenbrand and Genetski and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

   A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 72101 (MCL 324.72101), as amended by 1997 PA

129, and by adding section 72114.

 

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.

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

section 72109.

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

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

these entities.

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

commission pursuant to section 72103.

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

ownership and used as a trailway.

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

trail capable of accommodating a variety of public recreation uses.

     (h) "Trailways and other areas" includes trailways, open

access roads, management roads, forestry access roads, and

established 2-track and single-track trails.

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

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

state owned land where there is a historical tradition of use of

pack and saddle animals. All trailways and other areas on state

owned land that were open on May 7, 2008 and available for use by

pack and saddle animals shall remain open and accessible for use by

pack and saddle animals. Additionally, all trailways and other

areas on state owned land that, prior to this date, were available

for use by pack and saddle animals shall be reopened and made

accessible for use by pack and saddle animals.

     (2) Not later than July 31, 2009, the commission shall

establish a network of trailways on state owned lands that may be

used by pack and saddle animals. In establishing the network of

pack and saddle trailways under this section, the commission shall

include those trailways and other areas of state land in which

there is a historical tradition of use of pack and saddle animals.

     (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 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.

 

House Bill 4610 (2009)

The hearing for the "Right to Ride" bill (H.B. 4610) with the Tourism, Outdoor Recreation - Natural Resource Committee,  chaired by Rep. Joel Sheltrown, has now been scheduled!

Please note April 28th at 10:30 a.m., room 521 House Building in Lansing on your calendars!

(This will be the same room that our first hearing was held in.  No trailers needed at this time-just supporters of our cause!.)

 

Please sign our online "Right to Ride" petition!

Note:  If you have already signed a paper copy of the petition,

please do not sign here too.

 Tourism, Outdoor Recreation and Natural Resources

Committee Members: