SB-1489, As Passed Senate, December 18, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1489

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 82105, 82106, and 82126 (MCL 324.82105,

324.82106, and 324.82126), section 82105 as amended by 2008 PA 145,

section 82106 as amended by 2004 PA 587, and section 82126 as

amended by 2008 PA 27.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 82105. (1) Before operating a snowmobile requiring

registration in this state, the owner shall apply for registration

with the department of state on forms provided by the department of

state. If the snowmobile was purchased from a retail dealer in this

state, application for initial registration shall be made with the

dealer at the point of sale. The dealer shall issue a temporary

registration permit in a form received from and approved by the

department of state that is valid for 15 days after the date of

sale. Each retail dealer shall submit applications for

registrations and fees to the department of state not less than

once each week. The application shall include the new owner's

signature and, beginning July 1, 2009, the new owner's name ,

~~signature,~~ and bona fide residence address and the names and

addresses of holders of any security interest in the snowmobile and

its accessories in the order of priority. The application shall be

accompanied by a fee of $22.00 if paid before July 1, 2009 or

$30.00 if paid on or after July 1, 2009. Upon receipt of the

application in approved form, the department of state shall enter

the application upon its records and issue to the applicant a

certificate of registration and decal. The certificate of

registration shall contain the number awarded to the snowmobile,

the name and address of the owner, ~~the name and address of the~~

~~holders of secured interests, and~~ other information the department

of state considers necessary, and, beginning July 1, 2009, the name

and address of the holders of secured interests. ~~The certificate of~~

~~registration shall be pocket-size, shall accompany the vehicle,~~

~~shall be legible, and shall be made~~ A person shall not operate a

snowmobile that is required to be registered in this state unless

the person possesses the certificate of registration in legible

form. The person shall make the certificate of registration

available for inspection upon demand by a peace officer.

(2) If the secretary of state is not satisfied as to the

ownership of a snowmobile that is worth more than $2,500.00, before

registering the snowmobile and issuing a certificate of

registration, the secretary of state may require the applicant to

file a properly executed surety bond in a form prescribed by the

secretary of state and executed by the applicant and a company

authorized to conduct a surety business in this state. The bond

shall be in an amount equal to twice the value of the snowmobile as

determined by the secretary of state and shall be conditioned to

indemnify or reimburse the secretary of state, any prior owner, and

any subsequent purchaser of the snowmobile and their successors in

interest against any expense, loss, or damage, including reasonable

attorney fees, incurred as a result of the issuance of a

certificate of registration for the snowmobile or any defect in the

right, title, or interest of the applicant in the snowmobile. An

interested person has a right of action to recover on the bond for

a breach of the conditions of the bond, but the aggregate liability

of the surety to all persons shall not exceed the amount of the

bond. The bond shall be returned at the end of 3 years, or before 3

years if the snowmobile is no longer registered in this state and

the current valid certificate of registration is surrendered to the

secretary of state, unless the secretary of state has received

notification of the pendency of an action to recover on the bond.

If the secretary of state is not satisfied as to the ownership of a

snowmobile that is worth $2,500.00 or less, the secretary of state

shall require the applicant to certify that the applicant is the

owner of the snowmobile and entitled to register the snowmobile.

(3) The certificate of registration and registration decal

authorizes the operation of the snowmobile for a 3-year period that

begins on October 1 and expires on September 30 of the third year.

The certificate of registration and registration decal may be

renewed ~~by payment of a fee of $22.00~~ beginning July 1 of the

expiration year by payment of a fee of $22.00 before July 1, 2009

or $30.00 on or after July 1, 2009. The registration decal shall be

displayed as prescribed by rule promulgated by the department of

state.

(4) The department of state may destroy a record of a

certificate of registration 7 years after expiration of the

certificate.

Sec. 82106. (1) Except as otherwise provided in this part,

revenue received from the registration fees under this part shall

be deposited as follows:

(a) Seventeen dollars of each registration fee shall be

deposited into the snowmobile registration fee subaccount. However,

if the balance of the snowmobile registration fee subaccount

exceeds $1,600,000.00 at any time, the state treasurer shall

transfer all amounts in excess of $1,600,000.00 to the recreational

snowmobile trail improvement subaccount. From the revenue deposited

in the snowmobile registration fee subaccount under this part, the

legislature shall make an annual appropriation as follows:

(i) Not more than $3.00 from each registration fee collected

during each fiscal year shall be appropriated to the department of

state for administration of the registration provisions of this

part. At the close of each state fiscal year, any ~~funds~~ money

appropriated under this subparagraph but not expended shall be

credited to the recreational snowmobile trail improvement

subaccount. Additionally, if less than $3.00 from each registration

fee is appropriated to the department of state, the state treasurer

shall transfer the difference between $3.00 and the amount

appropriated from each registration fee to the recreational

snowmobile trail improvement subaccount.

(ii) ~~Fourteen dollars from each registration fee collected~~

~~during each fiscal year~~ From each fee for a registration paid

before July 1, 2009, $14.00 or from each fee for a registration

paid on or after July 1, 2009, $19.00 shall be appropriated to the

department for purposes set forth in section 82107, including

financial assistance to county sheriff departments and local law

enforcement agencies for local snowmobile programs. Any money

appropriated but not expended under this subparagraph shall be

credited each year to the snowmobile registration fee subaccount.

(b) ~~Five dollars from each registration fee~~ From each fee for

a registration paid before July 1, 2009, $5.00 shall be deposited

in the recreational snowmobile trail improvement subaccount and

shall be administered by the department for the purposes of

planning, construction, maintenance, and acquisition of trails and

areas for the use of snowmobiles, or access to those trails and

areas, and basic snowmobile facilities. ~~Consideration shall be~~

~~given in planning the expenditures of the funds to providing~~

~~recreational opportunities for bicyclists, hikers, equestrians, and~~

~~other nonconflicting recreational trail users as ancillary benefits~~

~~of the program.~~

2009, $8.00 shall be deposited into the permanent snowmobile trail

easement subaccount under section 82110a. This money is intended to

supplement other money expended for snowmobile-related activities

of the department and not as a replacement for those expenditures.

(2) The department shall designate a state recreational trail

coordinator and shall maintain a comprehensive plan for

implementing a statewide recreational and snowmobile trails system.

The comprehensive plan shall be reviewed and updated each year by

the department.

(3) The money appropriated under this section to the

department for snowmobile trails and areas, for access to those

trails or areas, and for basic snowmobile facilities may be

expended for the acquisition, development, and maintenance on any

land in the state. This money may be used to purchase lands or

secure easements, leases, permits, or other appropriate agreements

permitting use of private property for snowmobile trails, basic

facilities, and areas which may be used by bicyclists, hikers,

equestrians, and other nonconflicting off-season recreational trail

users, if the easements, leases, permits, or other agreements

provide public access to the trail, use areas, and support

facilities.

(4) Recreational trail facilities or major improvements shall

not be constructed on private land unless a written agreement in

the form of an easement, lease, or permit for a public trail right-

of-way having a term of not less than 5 years is made between the

owner of the land and the department.

(5) The money appropriated under this section shall be

expended in a manner and as part of the overall plan of the

department for an interconnecting network of statewide snowmobile

trails and use areas giving consideration to expected snowfall and

availability for use with adequate snow cover. Consideration shall

be given in the plan for alternative nonconflicting off-season

recreational ~~trail~~ uses of snowmobile trails.

Sec. 82126. (1) A person shall not operate a snowmobile under

any of the following circumstances:

(a) At a rate of speed greater than is reasonable and proper

having due regard for conditions then existing.

(b) In a forest nursery, planting area, or on public lands

posted or reasonably identifiable as an area of forest reproduction

when growing stock may be damaged or posted or reasonably

identifiable as a natural dedicated area that is in zone 2 or zone

(i) Within 100 feet of a person, including a skater, who is not

in or upon a snowmobile.

(ii) Within 100 feet of a fishing shanty or shelter except at

the minimum speed required to maintain forward movement of the

snowmobile.

(iii) On an area that has been cleared of snow for skating

purposes unless the area is necessary for access to the public

water.

(d) Within 100 feet of a dwelling between 12 midnight and 6

a.m., at a speed greater than the minimum required to maintain

forward movement of the snowmobile.

(e) In an area on which public hunting is permitted during the

regular November firearm deer season from 7 a.m. to 11 a.m. and

from 2 p.m. to 5 p.m., except under 1 or more of the following

circumstances:

(i) During an emergency.

(ii) For law enforcement purposes.

(iii) To go to and from a permanent residence or a hunting camp

otherwise inaccessible by a conventional wheeled vehicle.

(iv) For the conduct of necessary work functions involving land

and timber survey, communication and transmission line patrol, ~~and~~

or timber harvest operations.

(v) On the person's own property or property under the

person's control or as an invited guest.

(f) While transporting on the snowmobile a bow, unless

unstrung or encased, or a firearm, unless unloaded in both barrel

and magazine and securely encased.

(g) On or across a cemetery or burial ground.

(h) Within 100 feet of a slide, ski, or skating area except

when traveling on a county road right-of-way pursuant to section

82119 or a snowmobile trail that is designated and funded by the

department. A snowmobile may enter such an area for the purpose of

servicing the area or for medical emergencies.

(i) On a railroad or railroad right-of-way. This prohibition

does not apply to railroad personnel, public utility personnel, law

enforcement personnel while in the performance of their duties, ~~and~~

or persons using a snowmobile trail located on or along a railroad

right-of-way, or an at-grade snowmobile trail crossing of a

railroad right-of-way, that has been expressly approved in writing

by the owner of the right-of-way and each railroad company using

the tracks and that meets the conditions imposed in subsections ~~(3)~~

~~and~~ (4) and (5). A snowmobile trail or an at-grade snowmobile trail

crossing shall not be constructed on a right-of-way designated by

the federal government as a high-speed rail corridor.

(2) Except as provided under subsection (3), a person shall

not operate a snowmobile unless the snowmobile is equipped with a

muffler in good working order and in constant operation from which

noise emission does not exceed either of the following:

(a) For a snowmobile manufactured after July 1, 1977 and sold

or offered for sale in this state, 78 decibels at 50 feet, as

measured using the 2003 society of automotive engineers standard

J192.

(b) For a stationary snowmobile manufactured after July 1,

1980 and sold or offered for sale in this state, 88 decibels, as

measured using the 2004 society of automotive engineers standard

J2567.

(3) A person is exempt from the requirement of subsection (2)

under either of the following circumstances:

(a) While operating a snowmobile during an organized race on a

course that is used solely for racing.

(b) While operating a snowmobile on private property, with the

permission of the private property owner, in preparation for an

organized race, if the operation of the snowmobile is in compliance

with applicable local noise ordinances.

(4) A snowmobile trail located on or along a railroad right-

of-way shall be constructed, operated, and maintained by a person

other than the person owning the railroad right-of-way and the

person operating the railroad, except that an at-grade snowmobile

trail crossing of a railroad right-of-way shall be constructed and

maintained by the person operating the railroad at the sole cost

and expense of the person operating the trail connected by the

crossing, pursuant to terms of a lease agreement under which the

person operating the trail agrees to do all of the following:

(a) Indemnify the person owning the railroad right-of-way and

the person operating the railroad against any claims associated

with, arising from, or incidental to the construction, maintenance,

operation, and use of the trail or at-grade snowmobile trail

crossing.

(b) Provide liability insurance in the amount of $2,000,000.00

naming the person owning the railroad right-of-way and the person

operating the railroad as named insureds.

appropriate by the person owning the railroad right-of-way or the

person operating the railroad including, but not limited to, the

payment of rent that the person owning the railroad right-of-way or

the person operating the railroad is authorized to charge under

this part and the meeting of all construction, operating, and

maintenance conditions imposed by the person owning the railroad

right-of-way and the person operating the railroad regarding the

snowmobile trail.

(5) A snowmobile trail shall be clearly demarcated by signing

constructed and maintained at the sole cost and expense of the

grant program sponsor. The signing shall be placed at the outer

edge of the railroad right-of-way, as far from the edge of the

railroad tracks as possible, and not closer than 20 feet from the

edge of the railroad tracks unless topography or other natural or

manmade features require the trail to lie within 20 feet of the

edge of the railroad tracks. The at-grade snowmobile trail crossing

of a railroad right-of-way shall be aligned at 90 degrees or as

close to 90 degrees as possible to the railroad track being

crossed, and shall be located where approach grades to the crossing

are minimal and where the vision of a person operating a snowmobile

will be unobstructed as he or she approaches the railroad tracks.

The design of the snowmobile trail, including the location of

signing, shall be included upon plan sheets by the person

constructing, operating, and maintaining the trail, and shall be

approved in writing by the person owning the right-of-way and the

person operating the railroad. Signing shall conform to

specifications issued by the department to its snowmobile trail

grant program sponsors.

(6) Notwithstanding section 82101, as used in this section,

"operate" means to cause to function, run, or manage.

(7) A person shall not alter, deface, damage, or remove a

snowmobile trail sign or control device.

(8) Each person who participates in the sport of snowmobiling

accepts the risks associated with that sport insofar as the dangers

are obvious and inherent. Those risks include, but are not limited

to, injuries to persons or property that can result from variations

in terrain; surface or subsurface snow or ice conditions; bare

spots; rocks, trees, and other forms of natural growth or debris;

or and collisions with signs, fences, or other snowmobiles or snow-

grooming equipment. Those risks do not include injuries to persons

or property that can result from the use of a snowmobile by another

person in a careless or negligent manner likely to endanger person

or property. When a snowmobile is operated in the vicinity of a

railroad right-of-way, each person who participates in the sport of

snowmobiling additionally assumes risks including, but not limited

to, entanglement with tracks, switches, and ties and collisions

with trains and other equipment and facilities.

(9) A person who violates ~~this section~~ subsection (2) is

responsible for a state civil infraction and shall be ordered to

pay a civil fine of not less than $100.00 or more than $250.00.

Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 1490 of the 94th Legislature is enacted into

law.