September 11, 2008, Introduced by Senator ALLEN and referred to the Committee on Hunting, Fishing and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 82103, 82105, and 82106 (MCL 324.82103,
324.82105, and 324.82106), section 82103 as added by 1995 PA 58,
section 82105 as amended by 2008 PA 145, and section 82106 as
amended by 2004 PA 587.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 82103. (1) Except as otherwise provided, a snowmobile
shall not be operated unless the owner first obtains a certificate
of registration and a registration decal. The certificate of
registration shall be secured at the time of purchase or transfer
of ownership. A certificate of registration or a registration decal
is not required for a snowmobile operated exclusively on lands
owned or under the control of the snowmobile owner or for a
snowmobile used entirely in a safety education and training program
conducted by a certified snowmobile safety instructor and
authorized pursuant to section 82108.
(2)
A person who is convicted of a violation of violates this
section
shall be fined is guilty
of a misdemeanor punishable by a
fine
of not more than $50.00 $200.00.
Sec. 82105. (1) 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 application shall include the new owner's
signature
and, beginning July 1, 2009, 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 $30.00. 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, and, beginning July 1, 2009, the name
and
address of the holders of secured interests. The certificate of
registration
shall be pocket-size, shall accompany the vehicle,
shall
be legible, and shall be made A
person shall not operate a
snowmobile that is required to be registered in this state unless
the person possesses the certificate of registration in legible
form. The person shall make the certificate of registration
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 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 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 $30.00
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 7 years after expiration of the
certificate.
Sec. 82106. (1) Except as otherwise provided in this part,
revenue received from the registration fees under this part shall
be deposited as follows:
(a) Seventeen dollars of each registration fee shall be
deposited into the snowmobile registration fee subaccount. However,
if the balance of the snowmobile registration fee subaccount
exceeds $1,600,000.00 at any time, the state treasurer shall
transfer all amounts in excess of $1,600,000.00 to the recreational
snowmobile trail improvement subaccount. From the revenue deposited
in the snowmobile registration fee subaccount under this part, the
legislature shall make an annual appropriation as follows:
(i) Not more than $3.00 from each registration fee collected
during each fiscal year shall be appropriated to the department of
state for administration of the registration provisions of this
part.
At the close of each state fiscal year, any funds money
appropriated under this subparagraph but not expended shall be
credited to the recreational snowmobile trail improvement
subaccount. Additionally, if less than $3.00 from each registration
fee is appropriated to the department of state, the state treasurer
shall transfer the difference between $3.00 and the amount
appropriated from each registration fee to the recreational
snowmobile trail improvement subaccount.
(ii) Fourteen dollars from each registration fee collected
during each fiscal year shall be appropriated to the department for
purposes set forth in section 82107, including financial assistance
to county sheriff departments and local law enforcement agencies
for local snowmobile programs. Any money appropriated but not
expended under this subparagraph shall be credited each year to the
snowmobile registration fee subaccount.
(b) Five dollars from each registration fee shall be deposited
in the recreational snowmobile trail improvement subaccount and
shall be administered by the department for the purposes of
planning, construction, maintenance, and acquisition of trails and
areas for the use of snowmobiles, or access to those trails and
areas,
and basic snowmobile facilities. Consideration shall be
given
in This money may be used to
purchase lands or secure
easements, leases, permits, or other appropriate agreements
authorizing use of private property for snowmobile trails and basic
snowmobile
facilities. In planning the
expenditures of the funds to
money from the recreational snowmobile trail improvement
subaccount, the department shall consider providing off-season
recreational opportunities for bicyclists, hikers, equestrians, and
other nonconflicting recreational trail users on snowmobile trails
as ancillary benefits of the program.
(c) Eight dollars from each registration fee shall be
deposited into the permanent snowmobile trail easement subaccount
under section 82110a. This money is intended to supplement other
money expended for snowmobile-related activities of the department
and not as a replacement for those expenditures.
(2) The department shall designate a state recreational trail
coordinator and shall maintain a comprehensive plan for
implementing a statewide recreational and snowmobile trails system.
The comprehensive plan shall be reviewed and updated each year by
the department.
(3)
The money appropriated under this section to the
department
for snowmobile trails and areas, for access to those
trails
or areas, and for basic snowmobile facilities may be
expended
for the acquisition, development, and maintenance on any
land
in the state. This money may be used to purchase lands or
secure
easements, leases, permits, or other appropriate agreements
permitting
use of private property for snowmobile trails, basic
facilities,
and areas which may be used by bicyclists, hikers,
equestrians,
and other nonconflicting off-season recreational trail
users,
if the easements, leases, permits, or other agreements
provide
public access to the trail, use areas, and support
facilities.
(3) (4)
Recreational trail facilities or
major improvements
shall not be constructed on private land unless a written agreement
in the form of an easement, lease, or permit for a public trail
right-of-way having a term of not less than 5 years is made between
the owner of the land and the department.
(4) (5)
The money appropriated under this
section shall be
expended in a manner and as part of the overall plan of the
department for an interconnecting network of statewide snowmobile
trails and use areas giving consideration to expected snowfall and
availability for use with adequate snow cover. Consideration shall
be given in the plan for alternative nonconflicting off-season
recreational
trail uses of snowmobile
trails.
Enacting section 1. This amendatory act takes effect October
1, 2008.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 1490
of the 94th Legislature is enacted into law.