HB-5085, As Passed Senate, May 7, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5085

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 82101, 82105, and 82114 (MCL 324.82101,

324.82105, and 324.82114), section 82101 as amended by 2005 PA 175,

section 82105 as amended by 2005 PA 271, and section 82114 as added

by 1995 PA 58, and by adding sections 82105a, 82105b, and 82116a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 82101. ~~(1)~~ As used in this part:

(a) "Conviction" means a final conviction, the payment of a

fine, a plea of guilty or nolo contendere if accepted by the court,

or a finding of guilt or probate court disposition on a violation

of this part, regardless of whether the penalty is rebated or

suspended.

(b) "Dealer" means any person engaged in the sale, lease, or

rental of snowmobiles as a regular business, other than an

auctioneer as that term is defined in section 2901 of the

occupational code, 1980 PA 299, MCL 339.2901.

74, as constituted prior to May 1, 1994.

(d) "Highly restricted personal information" means an

individual's photograph or image, social security number, digitized

signature, and medical and disability information.

(e) "Highway or street" means the entire width between the

boundary lines of every way publicly maintained if any part thereof

is open to the use of the public for purposes of vehicular travel.

(f) "In-kind contributions" means services and goods as

approved by the department that are provided by a grant recipient

toward completion of a department-approved local snowmobile program

under section 82107.

(g) "Law of another state" means a law or ordinance enacted by

any of the following:

(i) Another state.

(ii) A local unit of government in another state.

(iii) Canada or a province or territory of Canada.

(iv) A local unit of government in a province or territory of

Canada.

(h) "Long-term incapacitating injury" means an injury that

causes a person to be in a comatose, quadriplegic, hemiplegic, or

paraplegic state, which state is likely to continue for 1 year or

more.

(i) "Operate" means to ride in or on and be in actual physical

control of the operation of a snowmobile.

(j) "Operator" means any person who operates a snowmobile.

(k) "Owner" means any of the following:

(i) A person who holds the legal title to a snowmobile.

(ii) A vendee or lessee of a snowmobile that is the subject of

an agreement for conditional sale or lease with the right of

purchase upon performance of the conditions stated in the agreement

and with an immediate right of possession vested in the conditional

vendee or lessee.

(iii) A person renting a snowmobile or having the exclusive use

of a snowmobile for more than 30 days.

(l) "Peace officer" means any of the following:

(i) A sheriff.

(ii) A sheriff's deputy.

(iii) A deputy who is authorized by a sheriff to enforce this

part and who has satisfactorily completed at least 40 hours of law

enforcement training, including training specific to this part.

(iv) A village or township marshal.

(v) An officer of the police department of any municipality.

(vi) An officer of the Michigan state police.

(vii) The director and conservation officers employed by the

department.

(viii) A law enforcement officer who is certified pursuant to

the commission on law enforcement standards act, 1965 PA 203, MCL

28.601 to 28.616, as long as that officer is policing within his or

her jurisdiction.

(m) "Personal information" means information that identifies

an individual, including an individual's driver identification

number, name, address not including zip code, and telephone number,

but does not include information on snowmobile operation or

equipment-related violations or civil infractions, operator or

snowmobile registration status, accidents, or other behaviorally-

related information.

(n) "Probate court or family division disposition" means the

entry of a probate court order of disposition or family division

order of disposition for a child found to be within the provisions

of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

712A.1 to 712A.32.

(o) "Prosecuting attorney", except as the context requires

otherwise, means the attorney general, the prosecuting attorney of

a county, or the attorney representing a local unit of government.

(p) "Recreational snowmobile trail improvement subaccount" ,

~~subject to subsection (2),~~ means the recreational snowmobile trail

improvement subaccount of the snowmobile account created in section

82110.

(q) "Right-of-way" means that portion of a highway or street

less the roadway and any shoulder.

(r) "Roadway" means that portion of a highway or street

improved, designated, or ordinarily used for vehicular travel. If a

highway or street includes 2 or more separate roadways, the term

roadway refers to any such roadway separately, but not to all such

roadways collectively.

(s) "Shoulder" means that portion of a highway or street on

either side of the roadway that is normally snowplowed for the

safety and convenience of vehicular traffic.

(t) "Snowmobile" means any motor-driven vehicle designed for

travel primarily on snow or ice of a type that utilizes sled-type

runners or skis, an endless belt tread, or any combination of these

or other similar means of contact with the surface upon which it is

operated, but is not a vehicle that must be registered under the

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(u) "Snowmobile account" ~~, subject to subsection (2),~~ means

the snowmobile account of the Michigan conservation and recreation

legacy fund provided for in section 2025.

(v) "Snowmobile registration fee subaccount" ~~, subject to~~

~~subsection (2),~~ means the snowmobile registration fee subaccount of

the snowmobile account created in section 82111.

(w) "Zone 1" means all of the Upper Peninsula.

(x) "Zone 2" means all of that part of the Lower Peninsula

north of a line beginning at and drawn from a point on the

Michigan-Wisconsin boundary line due west of the westerly terminus

of River road in Muskegon county; thence due east to the westerly

terminus of River road; thence north and east along the center line

of the River road to its intersection with highway M-120; thence

northeasterly and easterly along the center line of highway M-120

to the junction of highway M-20; thence easterly along the center

line of M-20 to its junction with US-10 at the Midland-Bay county

line; thence easterly along the center line of the "business route"

of highway US-10 to the intersection of Garfield road in Bay

county; thence north along the center line of Garfield road to the

intersection of the Pinconning road; thence east along the center

line of Pinconning road to the intersection of the Seven Mile road;

thence north along the center of the Seven Mile road to the Bay-

Arenac county line; thence north along the center line of the

Lincoln School road (county road 25) in Arenac county to the

intersection of highway M-61; thence east along the center line of

highway M-61 to the junction of highway US-23; thence northerly and

easterly along the center line of highway US-23 to the center line

of the Au Gres river; thence southerly along the center line of the

river to its junction with Saginaw Bay of Lake Huron; thence north

78° east to the international boundary line between the United

States and the Dominion of Canada.

(y) "Zone 3" means all of that part of the Lower Peninsula

south of the line described in subdivision (x).

~~(2) Subsection (1)(p), (u), and (v) does not apply unless~~

~~House Joint Resolution Z of the 92nd Legislature becomes a part of~~

~~the state constitution of 1963 as provided in section 1 of article~~

~~XII of the state constitution of 1963.~~

Sec. 82105. (1) ~~The owner of each snowmobile requiring~~

~~registration by this state before operation of the snowmobile in~~

~~this state shall file an application~~ 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 owner of the snowmobile shall sign the~~

~~application and pay a fee of $22.00, which shall be submitted to~~

~~the department with the application.~~ The application shall include

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. 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. The certificate of registration shall

be pocket-size, shall accompany the vehicle, shall be legible, and

shall be made 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 ~~currently~~ 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

(3) ~~The owner of a snowmobile at the time application for a~~

~~certificate of registration is made shall be issued a certificate~~

~~of registration and a registration decal.~~ 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. 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 5 7 years after expiration of the

certificate.

Sec. 82105a. (1) If a check, draft, or electronic payment of a

required fee is not paid on its first presentation, the fee is

delinquent as of the date the check, draft, or electronic payment

was tendered. The person tendering the check, draft, or electronic

payment remains liable for the payment of each fee and any penalty.

(2) The department of state may suspend the operator's or

chauffeur's license issued under the Michigan vehicle code, 1949 PA

300, MCL 257.1 to 257.923, of the person tendering the check,

draft, or electronic payment for a snowmobile registration if the

department of state determines a fee prescribed in this section has

not been paid and remains unpaid after reasonable notice or demand.

(3) If a fee is delinquent 15 days after the department of

state has given notice to a person who tendered the check, draft,

or electronic payment, a $25.00 penalty shall be assessed and

collected in addition to the fee.

(4) Except as otherwise provided in this part, the penalties

collected under this section shall be deposited in the general fund

and used first to defray the administrative costs of the department

of state required by the registration provisions of this part. Any

money not required for administration of the registration

provisions of this part shall be credited each year to the

recreational snowmobile trail improvement fund.

Sec. 82105b. The department of state may cancel, suspend,

revoke, or refuse to issue a snowmobile registration if any of the

following occur:

(a) The applicant has failed to furnish all required

information or reasonable additional information requested by the

department of state.

(b) The required fees have not been paid.

under this part.

(d) The department of state issued the registration in error.

(e) The application contains a false or fraudulent statement.

(f) The department of state has reasonable grounds to believe

that the snowmobile was stolen or embezzled.

Sec. 82114. (1) The owner of a snowmobile shall notify the

department of state within 15 days if the snowmobile is destroyed

or abandoned, or is sold, or an interest in the snowmobile is

transferred either wholly or in part to another person, or if the

owner's address no longer conforms to the address appearing on the

certificate of registration. The notice shall consist of a

surrender of the certificate of registration on which the proper

information shall be noted on a place to be provided. If the

surrender of the certificate of registration is by reason of the

snowmobile being destroyed or abandoned, the department of state

shall cancel the certificate of registration and enter that fact in

the records of the department of state, and the number may be then

reassigned. The department of state may destroy the record of a

surrendered certificate of registration ~~1 year~~ 10 years after its

surrender.

(2) If the surrender of the certificate of registration is by

reason of a change of address on the part of the owner, the new

address shall be recorded by the department of state and a

certificate of registration bearing that information shall be

returned to the owner.

(3) The transferee of a snowmobile registered under this part,

within 15 days after acquiring the snowmobile, shall apply to the

department of state for issuance of a new certificate of

registration for the snowmobile, giving ~~his or her name, address,~~

~~and~~ the previous registration number of the snowmobile and ~~pay to~~

~~the department of state~~ proof of payment or satisfaction of any

security interest shown on the previous owner's certificate of

registration or department of state's records. The application

shall include the new owner's name, signature, and bona fide

residence address and the names and addresses of the holders of

security interests in the snowmobile and its accessories in the

order of their priority, and shall be accompanied by the fee

prescribed in section 82105. Upon receipt of the application and

fee, the department of state shall issue a new certificate of

registration for the snowmobile to the new owner. Unless the

application is made and the fee paid within 15 days of transfer of

ownership, the snowmobile is without certificate of registration,

and a person shall not operate the snowmobile until a valid

certificate of registration is issued.

(4) If a certificate of registration is lost, mutilated, or

illegible, the owner of the snowmobile shall obtain a duplicate of

the certificate of registration upon application and payment of a

fee of $5.00.

(5) If a valid registration decal is lost, mutilated, or

illegible, the owner of the snowmobile may obtain a replacement

registration decal upon submission of proof of registration and

payment of a fee of $5.00.

Sec. 82116a. (1) The owner of a snowmobile whose vehicle

number has been altered, removed, or defaced, including the owner

of a snowmobile who intends to register the snowmobile as an

assembled snowmobile, shall apply, in a form prescribed by the

department of state, to the department of state for a special

identifying number accompanied by an application for a certificate

of registration and the required fees. The owner shall furnish

information satisfying the department of state that he or she is

the owner, upon receipt of which the department of state shall

assign a special identifying number for the snowmobile, preceded by

a symbol indicating this state. The department of state shall

maintain a record of assigned special identifying numbers. The

special identifying number shall be applied to the snowmobile as

directed by the department of state. The special number shall be

regarded as the identifying number of the snowmobile.

(2) The owner of a snowmobile whose vehicle number is missing

shall apply, in a form prescribed by the department of state, to

the department of state for a replacement vehicle number

accompanied by a $10.00 fee. The owner shall furnish information

satisfying the department of state that he or she is the owner of

the snowmobile upon receipt of which the department of state shall

assign a replacement vehicle number that shall be applied to the