SENATE BILL No. 496

 

 

April 30, 2009, Introduced by Senator VAN WOERKOM and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding sections 72121, 72122, and

 

72123.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 72121. (1) The department shall establish a network of

 

trailways in the state that may be used for horseback riding.

 

     (2) A person who is 18 years of age or older shall not use a

 

horse on a trailway that is designated by the department for

 

horseback riding unless the person is in possession of a bridle tag

 

as provided for in this section.

 

     (3) The department shall prepare and sell bridle tags as

 

follows:


 

     (a) $25.00 for an annual bridle tag.

 

     (b) $60.00 for a 3-year bridle tag.

 

     (c) $5.00 for a 1-day bridle tag.

 

     (4) The department shall make bridle tags available at state

 

park offices, through the department's website, and at other

 

locations determined appropriate by the department.

 

     (5) Money collected by the department from the sale of bridle

 

tags shall be transmitted to the state treasurer for deposit into

 

the equine trailways fund created in section 72122.

 

     Sec. 72122. (1) The equine trailways fund is created within

 

the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the equine trailways fund. The state

 

treasurer shall direct the investment of the equine trailways fund.

 

The state treasurer shall credit to the equine trailways fund

 

interest and earnings from fund investments.

 

     (3) Money in the equine trailways 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 equine

 

trailways fund for auditing purposes.

 

     (5) The department shall expend money from the equine

 

trailways fund, upon appropriation, only to maintain trailways used

 

for horseback riding, to improve visitor services for trailways

 

used for horseback riding, and to enhance trailhead areas for

 

trailways used for horseback riding.

 

     Sec. 72123. (1) The equine trailways commission is created


 

within the department.

 

     (2) The equine trailways commission shall consist of the

 

following members, appointed jointly by the governor, the senate

 

majority leader, and the speaker of the house of representatives:

 

     (a) One individual representing the state's tourism industry.

 

     (b) One individual representing businesses that support the

 

equine industry.

 

     (c) 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

 

commission shall be appointed within 90 days after the effective

 

date of the amendatory act that added this section.

 

     (4) Members of the equine trailways commission shall serve for

 

terms of 3 years or until a successor is appointed, whichever is

 

later, except that of the members first appointed 2 shall serve for

 

1 year, 2 shall serve for 2 years, and 3 shall serve for 3 years.

 

     (5) If a vacancy occurs on the equine trailways commission, an

 

appointment for the unexpired term shall be made in the same manner

 

as the original appointment.

 

     (6) A member of the equine trailways commission 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 commission shall

 

be called by the director. At the first meeting, the equine

 

trailways commission shall elect from among its members a

 

chairperson and other officers as it considers necessary or

 

appropriate. After the first meeting, the equine trailways

 

commission 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

 

commission constitute a quorum for the transaction of business at a

 

meeting of the equine trailways commission. A majority of the

 

members present and serving are required for official action of the

 

equine trailways commission.

 

     (9) The business that the equine trailways commission may

 

perform shall be conducted at a public meeting of the equine

 

trailways commission 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 commission 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 commission shall serve

 

without compensation. However, members of the equine trailways

 

commission may be reimbursed for their actual and necessary

 

expenses incurred in the performance of their official duties as

 

members of the equine trailways commission.

 

     (12) The equine trailways commission shall do all of the

 

following:


 

     (a) Advise the department on the state's network of trailways

 

used for horseback riding.

 

     (b) Advise the department on expenditures from the equine

 

trailways fund established in section 72122.

 

     (c) Advise the department on other matters related to the

 

promotion of the state's equine industry.