SB-1490, As Passed Senate, November 13, 2008

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 for

grants for the purpose of purchasing lands, or securing easements

or other appropriate agreements allowing use of private property,

to establish permanent snowmobile trails that are open to the

public in this state. To be eligible for a grant, an entity shall

have been organized at least 3 years before the effective date of

this section 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 grant recipient 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 terminate.

(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, all of the

following apply:

(a) Any money in the permanent snowmobile trail easement

subaccount is transferred to the recreational snowmobile trail

improvement subaccount created in section 82110.

(b) The permanent snowmobile trail easement subaccount is

dissolved.

the permanent snowmobile trail easement subaccount shall be

deposited in the recreational snowmobile trail improvement

subaccount.

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.