SB-1490, As Passed Senate, December 18, 2008
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 1490
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 82118 (MCL 324.82118), as amended by 2004 PA
587, and by adding section 82110a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 82110a. (1) The permanent snowmobile trail easement
subaccount is created as a subaccount of the snowmobile account.
(2) The state treasurer may receive money or other assets from
any source for deposit into the permanent snowmobile trail easement
subaccount. The state treasurer shall direct the investment of the
subaccount. The state treasurer shall credit to the subaccount
interest and earnings from subaccount investments. Money in the
subaccount at the close of the fiscal year shall remain in the
subaccount and shall not lapse to the snowmobile account or the
general fund. The department shall be the administrator of the
subaccount for auditing purposes.
(3) The department shall expend money from the permanent
snowmobile trail easement subaccount, upon appropriation, only to
purchase lands, or secure easements or other appropriate agreements
allowing use of private property, for permanent snowmobile trails
that are open to the public in this state or to make grants for
those purposes. To be eligible for a grant, an entity shall be a
local unit of government or be organized for educational and
charitable purposes within the meaning of 26 USC 501(c)(3) that
includes promoting and facilitating the expansion and improvement
of the existing snowmobile trail system in this state with
permanent snowmobile trails.
(4) If a recipient of a grant under subsection (3) ceases to
exist, any interest allowing the use of private property to
establish permanent snowmobile trails that was obtained by that
grant recipient with grant money under subsection (3) shall vest in
this state, subject to the terms of the instrument creating the
interest, including, but not limited to, terms concerning the scope
of the easement.
(5) The department of attorney general shall review grants and
other instruments proposed to be utilized for the purposes of
subsections (3) and (4).
(6) The department in consultation with the snowmobile
advisory committee shall promulgate rules for the administration of
the permanent snowmobile trail easement subaccount.
(7) Any proceeds from the sale of lands purchased under
subsection (3) or the termination of easements or other agreements
secured under subsection (3) shall be deposited into the permanent
snowmobile trail easement subaccount.
(8) If, at any time after July 1, 2010, the Michigan
snowmobile advisory committee, by the affirmative vote of at least
5 members, determines that the public snowmobile trail system in
this state is fully developed and not capable of expansion by
adding further permanent snowmobile trail easements, the advisory
committee shall report its determination to the department. The
department shall, within 60 days, submit to the senate and house
appropriations committees and standing committees with primary
responsibility for outdoor recreation issues a report setting forth
the department's recommendations concerning dissolution of the
permanent snowmobile trail easement subaccount, the disposition of
revenue in that subaccount, and other relevant issues under this
part.
Sec. 82118. (1) In addition to registration of a snowmobile
pursuant to section 82105 or registration in another state or
province, except as otherwise provided in this section, a person
who desires to operate a snowmobile in this state shall purchase a
Michigan snowmobile trail permit sticker. The Michigan snowmobile
trail permit issued under this section shall be valid for a period
of 1 year which begins on October 1 and ends on the following
September
30. The fee for the permit shall be $25.00. as follows:
(a) For permits valid for the 1-year period beginning October
1, 2009 or October 1, 2010, $35.00
(b) For permits valid for the 1-year period beginning October
1, 2011, 2012, 2013, 2014, or 2015, $45.00.
(c) For permits valid for the 1-year period beginning October
1, 2016 and every fifth year thereafter, the state treasurer shall
adjust the current permit fee by an amount determined by the state
treasurer to reflect the cumulative percentage change in the
consumer price index during the most recent 5-year period for which
consumer price index statistics are available, rounded to the
nearest dollar. A fee adjusted by the state treasurer under this
subdivision shall remain in effect for 5 years. As used in this
subdivision, "consumer price index" means the most comprehensive
index of consumer prices available for this state from the bureau
of labor statistics of the United States department of labor.
(2) Revenue from the trail permit fee shall be allocated as
follows:
(a)
$23.50 to the recreational snowmobile trail improvement
subaccount.
(a) (b)
50 cents shall be retained by the
department for
administrative costs.
(b) (c)
$1.00 shall be retained by the
agent selling the
permit.
(c) The balance shall be deposited in the recreational
snowmobile trail improvement subaccount.
(3) The department shall make the sale of trail permits
available on its website. For each trail permit sold through the
website, the amount otherwise credited to an agent under subsection
(2) shall instead be credited to the recreational snowmobile trail
improvement subaccount.
(4) The trail permit sticker shall be permanently affixed to
the
forward half of the snowmobile
directly above or below the
headlight of the snowmobile.
(5) The department may contract with a person to act as an
agent for the purpose of issuing Michigan snowmobile trail permits.
The
department shall sell the permits to agents in bulk. Agents An
agent may obtain a refund from the department for any permits that
are not sold.
(6) An agent who uses or allows the use of a permit by anyone
except the snowmobile user to whom the permit is sold is guilty of
a misdemeanor, punishable by a fine of $50.00 for each instance of
such use or allowed use.
(7) The department of state may suspend a certificate of
registration
when if the department of state determines that the
required fee has not been paid and remains unpaid after reasonable
notice or demand. In addition to the required fee, a $10.00 penalty
shall be assessed and collected against any person who tenders an
insufficient check or draft in payment of the fee.
(8) A snowmobile used solely for transportation on the frozen
surface of public waters for the purpose of ice fishing is exempt
from the requirement of purchasing and displaying a snowmobile
trail permit sticker under this section.
(9) A person shall not charge a fee for a snowmobile trail
permit in an amount that is greater than the fee printed on the
face of the permit.
(10)
To obtain a snowmobile trail permit, an applicant must
shall provide all information required on the permit application.
(11) A person who fails to secure a permit under this section
or who violates subsection (4) is responsible for a state civil
infraction and may be ordered to pay a civil fine of not more than
$100.00.
(12)
The department of natural resources shall, by June 1 of
each year, report to the members of the appropriate standing
committee
committees and appropriations subcommittees of the house
and senate, a detailed expenditure plan pertaining to the
additional funds generated by this act. The plan shall include
information as to how funds were expended in the prior year.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1489 of the 94th Legislature is enacted into
law.