August 1, 2007, Introduced by Rep. Mayes and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 82105 and 82114 (MCL 324.82105 and 324.82114),
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.
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
register the snowmobile.
(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
registration fees and 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.
(c) The applicant is not entitled to a snowmobile registration
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
snowmobile as directed by the department of state. The department
of state shall note on the registration record for that snowmobile
that a replacement vehicle number was issued for that snowmobile.
Enacting section 1. This amendatory act takes effect July 1,
2009.