SB-1490, As Passed House, December 10, 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.

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.

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.