SB-0118, As Passed Senate, May 4, 2017

SUBSTITUTE FOR

SENATE BILL NO. 118

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 72108 and 73301 (MCL 324.72108 and 324.73301),

section 72108 as amended by 2014 PA 215 and section 73301 as

amended by 2007 PA 174, and by adding section 73302.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 72108. (1) The department may do any of the following:

     (a) Grant easements or, pursuant to part 13, use permits or

lease land owned by the this state that is being used for a Pure

Michigan Trail for a use that is compatible with the use of the

Pure Michigan Trail.

     (b) Enter into contracts for concessions along a state owned

Pure Michigan Trail.

     (c) Lease land adjacent to a state owned Pure Michigan Trail

for the operation of concessions.

     (2) If the department acquires land, the director may state

that the specified land is acquired for use as a Pure Michigan

Trail. Following acquisition of land that the director states is

acquired for use as a Pure Michigan Trail, any revenue derived from

that the land pursuant to under subsection (1), except as otherwise

provided by law, shall must be deposited into the fund.

     (3) If the department enters into negotiations with a railroad

for the department to become a trail sponsor under 16 USC 1247(d),

the department shall comply with 49 CFR 1152.29(a)(2)(ii). The

department shall assume full responsibility for any potential legal

liability arising out of the transfer or use of the railroad right-

of-way. In exchange for the department's assumption of liability,

the railroad shall provide the department with the fair value of

the department's assumption of liability. As used in this

subsection, "fair value" means the value that the department and

the railroad mutually agree accurately reflects the risk of

liability assumed by the department.

     Sec. 73301. (1) Except as otherwise provided in this section,

a cause of action shall does not arise for injuries to a person who

is on the land of another without paying to the owner, tenant, or

lessee of the land a valuable consideration for the purpose of

fishing, hunting, trapping, camping, hiking, sightseeing,

motorcycling, snowmobiling, or any other outdoor recreational use

or trail use, with or without permission, against the owner,

tenant, or lessee of the land unless the injuries were caused by

the gross negligence or willful and wanton misconduct of the owner,

tenant, or lessee.

     (2) A cause of action shall does not arise for injuries to a

person who is on the land of another without paying to the owner,

tenant, or lessee of the land a valuable consideration for the

purpose of entering or exiting from or using a Michigan trailway as

designated under part 721 or other public trail, with or without

permission, against the owner, tenant, or lessee of the land unless

the injuries were caused by the gross negligence or willful and

wanton misconduct of the owner, tenant, or lessee. For purposes of

this subsection, a Michigan trailway or public trail may be located

on land of any size including, but not limited to, urban, suburban,

subdivided, and rural land.

     (3) A cause of action does not arise, for injuries to a

person, against a person, other than a for-profit legal entity,

with whom the owner, tenant, or lessee of land contracts to

construct, maintain, or operate a trail or other land improvement

used by the injured person as described in subsections (1) and (2),

unless the injuries were caused by the gross negligence or willful

and wanton misconduct of the person, other than a for-profit legal

entity, with whom the owner, tenant, or lessee contracts.

(4) (3) A cause of action shall does not arise against the

owner, tenant, or lessee of land or premises for injuries to a

person who is on that land or premises for the purpose of gleaning

agricultural or farm products, unless that person's injuries were

caused by the gross negligence or willful and wanton misconduct of

the owner, tenant, or lessee.

(5) (4) A cause of action shall does not arise against the

owner, tenant, or lessee of a farm used in the production of

agricultural goods as defined by section 35(1)(h) of the former

single business tax act, 1975 PA 228, or by section 207(1)(d) of

the Michigan business tax act, 2007 PA 36, MCL 208.1207, for

injuries to a person who is on that farm and has paid the owner,

tenant, or lessee valuable consideration for the purpose of fishing

or hunting, unless that person's injuries were caused by a

condition which that involved an unreasonable risk of harm and all

of the following apply:

     (a) The owner, tenant, or lessee knew or had reason to know of

the condition or risk.

     (b) The owner, tenant, or lessee failed to exercise reasonable

care to make the condition safe, or to warn the person of the

condition or risk.

     (c) The person injured did not know or did not have reason to

know of the condition or risk.

(6) (5) A cause of action shall does not arise against the

owner, tenant, or lessee of land or premises for injuries to a

person, other than an employee or contractor of the owner, tenant,

or lessee, who is on the land or premises for the purpose of

picking and purchasing agricultural or farm products at a farm or

"u-pick" operation, unless the person's injuries were caused by a

condition that involved an unreasonable risk of harm and all of the

following apply:

     (a) The owner, tenant, or lessee knew or had reason to know of

the condition or risk.

     (b) The owner, tenant, or lessee failed to exercise reasonable

care to make the condition safe, or to warn the person of the

condition or risk.

     (c) The person injured did not know or did not have reason to

know of the condition or risk.

(7) (6) As used in this section, "agricultural or farm

products" means the natural products of the farm, nursery, grove,

orchard, vineyard, garden, and apiary, including, but not limited

to, trees and firewood.

     Sec. 73302. (1) A cause of action does not arise against a

railroad that owns or formerly owned or operated a right-of-way of

a rail line that has been dedicated for interim trail use and rail

banking under 16 USC 1247(d) for injuries to a person who is on the

right-of-way that occur after the Surface Transportation Board

approves the dedication of the right-of-way under 16 USC 1247(d)

and before the right-of-way is reactivated for return to rail

service.

     (2) A cause of action does not arise against a railroad that

owns or formerly owned or operated a right-of-way of a rail line

that has been set apart for interim trail use and rail banking

under the state transportation preservation act of 1976, 1976 PA

295, MCL 474.51 to 474.70, for injuries to a person who is on the

right-of-way that occur after the dedication of the right-of-way

under the state transportation preservation act of 1976, 1976 PA

295, MCL 474.51 to 474.70, and before the right-of-way is

reactivated for return to rail service.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.