May 9, 2012, Introduced by Rep. Huuki and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 81115, 81116, 81117, 81123, and 81128 (MCL
324.81115, 324.81116, 324.81117, 324.81123, and 324.81128), section
81115 as amended by 2008 PA 240, section 81116 as amended by 2012
PA 28, section 81117 as amended by 2004 PA 587, section 81123 as
amended by 1998 PA 86, and section 81128 as added by 1995 PA 58,
and by adding section 81125a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81115. (1) A person shall not operate an ORV under any of
the
following conditions unless the owner
of the ORV is licensed
with
has obtained a trail permit
for the ORV through the department
or a dealer as provided under this part:
(a) Except as otherwise provided by law, on or over land,
snow, ice, or other natural terrain.
(b) Except as otherwise provided in this part, on a forest
trail or in a designated area.
(c) Except as otherwise provided in section 81102, on the
maintained portion of a road or street.
(2)
Licensure A trail permit is not required for an ORV used
exclusively
in a safety and training program as required in section
81129 or for operating an ORV on private property.
Sec.
81116. (1) The owner of an ORV requiring licensure a
trail permit under this part shall file an application for a
license
the permit with the department or a dealer on forms
provided by the department. If an ORV is sold by a dealer, the
application
for a license trail permit
shall be submitted to the
department by the dealer in the name of the owner. The application
shall
include a certification. The owner of the vehicle ORV shall
sign the application or, if the application is filed
electronically, provide information requested by the department to
verify the owner's identity. The application shall be accompanied
by a fee of $16.25. A person shall not file an application for
registration
a trail permit that contains false information. Upon
receipt of the application in approved form and upon payment of the
appropriate fee, the department or dealer shall issue to the
applicant
a license which shall be trail
permit that is valid for
the
12-month period for which it is issued. A license trail permit
shall be issued for the 12-month period beginning April 1 and
ending March 31 each year.
(2)
Dealers may purchase from the department ORV licenses
trail
permits for resale to owners of
vehicles requiring licensure
a trail permit under this part. The department shall refund to
dealers
the purchase price of any ORV licenses trail permits
returned within 90 days after the end of the 12-month period for
which they were valid. The dealer shall maintain and provide to the
department
records of ORV license trail
permit sales on forms
provided by the department. In addition to the sale of ORV
licenses,
trail permits, a dealer engaged in the sale, lease, or
rental of ORVs as a regular business may sell any other license or
permit authorized by the department to be sold by other dealers
under the statutes of this state.
(3)
The license trail permit shall be permanently attached to
the vehicle in the manner prescribed and in the location designated
by the department before the vehicle may legally be operated in
accordance with this part.
(4) If at the time of sale the purchaser certifies on a form
provided by the department that the purchased vehicle otherwise
requiring
a license trail permit under this part will be used and
stored outside of this state and will not be returned by the
purchaser
to this state for use, then a license trail permit is not
required.
(5)
If a license trail permit acquired by the owner of an ORV
is lost or destroyed, the department shall provide that person with
a
replacement license trail
permit free of charge. The department
may
require a person requesting a replacement license trail permit
to supply sufficient evidence of the loss or destruction of the
original
license.trail permit.
Sec. 81117. (1) Money in the off-road vehicle account shall be
used only for the following:
(a) Signage for and improvement, maintenance, and construction
of ORV trails, routes, or areas.
(b) The administration and enforcement of this part.
(c) The leasing of land.
(d) The acquisition of easements, permits, or other agreements
for the use of land for ORV trails, routes, or areas.
(e) The restoration of any of the natural resources of this
state on public land that are damaged due to ORV use in conjunction
with the plan required by section 81123.
(f) One dollar of the revenue from each fee collected under
section 81116 shall be used for the purposes of sections 81129 and
81130.
(g) Fifty percent of the revenue collected from each fee under
section 81116 shall be used by the department for departmental
operations, enforcement, and special initiatives relating to this
part.
(h) Not less than 25 cents of the revenue from each fee under
section 81116 collected by an authorized vendor as determined by
the department shall be paid to the vendor.
(2) All remaining revenue from each fee collected under
section 81116 shall be deposited in the off-road vehicle account.
(3) All funds allocated under this part shall be for projects
that are open to the public.
Sec. 81123. (1) The department shall, by October 1, 1991,
develop a comprehensive plan for the management of ORV use of
areas, routes, and trails maintained by or under the jurisdiction
of
the department or a local unit of government pursuant to under
section 81131. The plan shall, as a minimum, set forth the
following methods and timetable:
(a) The inventorying, by appropriate means, of all areas,
forest roads, and forest trails used by or suitable for use by
ORVs.
(b) The identification and evaluation of the suitability of
areas, forest roads, and forest trails to sustain ORV use.
(c) The designation of areas, forest roads, and forest trails
for ORV use, including use by persons with disabilities.
(d) The development of resource management plans to maintain
areas, forest roads, or forest trails and to restore or reconstruct
damaged areas, forest roads, or forest trails. The plans shall
include consideration of the social, economic, and environmental
impact of ORV use.
(e) Specifications for trails and areas.
(2)
The plan developed under subsection (1) shall be revised
every
2 years. The plan shall be submitted to the legislature for
approval.
The legislature shall approve the plan without amendment
by
concurrent resolution adopted by both standing committees of the
house
of representatives and senate that consider natural resources
matters
and both houses of the legislature by recorded vote. The
department
shall submit any subsequent revisions to the plan to the
secretary
of the senate and the clerk of the house of
representatives
at least 20 session days before the effective date
of
the revisions. If both standing committees of the house of
representatives
and senate that consider natural resources matters
fail
to reject the revisions within those 20 session days, the
revisions
shall be considered approved.
(3)
The plan may designate where bicyclists, hikers,
equestrians,
and other nonconflicting recreation trail users may
use
ORV trails or areas.
(2) (4)
By May 7, 1992, the department
shall designate an
appropriate area in the northern Lower Peninsula and an appropriate
area in southeast Michigan as a scramble area.
(3) (5)
Copies of maps of trails shall be
prepared and made
available by the department in sufficient quantities to accompany
each ORV certificate of title issued by the secretary of state and
to place in each county sheriff's office and each department of
natural resources field office.
Sec. 81125a. The department shall waive any requirement for a
permit for an event under this part if there are 75 or fewer ORVs.
Nevertheless, any group having 20 or more ORVs but not more than 75
ORVs shall notify the department under this section that it is
having an event in sufficient time to allow the department to
coordinate activities with other groups or riders. ORV use shall be
considered a low-intensity impact on the ORV trail system.
Sec.
81128. (1) Effective January 1, 1994, a citizens review
board
shall be established. The review board shall consist of 6
members
of the general public and the director of the legislative
service
bureau division of science and technology who shall serve
as
the nonvoting chairperson. The 6 members of the general public
shall
be from or representative of the soil conservation service,
the
Michigan association of counties, natural resources,
conservation,
or environmental groups, the largest recognized
motorized
cycle group, an ORV dealer association, and an at-large
ORV
trail user.
(2)
Two members of the review board shall be appointed by the
governor,
2 members shall be appointed by the speaker of the house
of
representatives, and 2 members shall be appointed by the senate
majority
leader.
(3)
The review board shall submit to the standing committees
of
the senate and the house of representatives that address
legislation
pertaining to the environment and natural resources of
this
state a report that contains a full review of the operation of
the
system developed by the department and approved by the
legislature
pursuant to section 81127. The report shall include a
summary
of the effectiveness of the system, recommendations for
changes
to the system, and other information that the legislative
committees
described in this subsection may request at the time of
the
establishment of the review board.
(4)
The department shall provide the review board with both of
the
following:
(a)
The department's recommendations regarding changes to the
system
that the department concludes would improve the system.
(b)
The department's evaluation of the effectiveness of the
system.
(5)
Within 6 months after the establishment of the review
board,
the review board shall issue its report as provided in this
section
and the review board shall be disbanded.The citizens review
board created under this section is abolished.
Enacting section 1. This amendatory act takes effect October
1, 2012.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No._____ or House Bill No. 5615(request no.
03046'11 *).
(b) Senate Bill No._____ or House Bill No. 5614(request no.
03046'11 a *).
(c) Senate Bill No._____ or House Bill No. 5612(request no.
03046'11 c *).