Bill Text: MI HB6261 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Vehicles; registration; registration of historic snowmobiles; allow, and provide for disposition of registration fees. Amends secs. 82101, 82106 & 82118 of 1994 PA 451 (MCL 324.82101 et seq.) & adds sec. 82105c.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-12-29 - Assigned Pa 371'10 With Immediate Effect [HB6261 Detail]
Download: Michigan-2009-HB6261-Engrossed.html
HB-6261, As Passed Senate, December 2, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 6261
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 82101, 82106, and 82118 (MCL 324.82101,
324.82106, and 324.82118), section 82101 as amended by 2008 PA 145,
section 82106 as amended by 2008 PA 399, and section 82118 as
amended by 2008 PA 400, and by adding section 82105c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 82101. As used in this part:
(a) "Conviction" means a final conviction, the payment of a
fine, a plea of guilty or nolo contendere if accepted by the court,
or a finding of guilt or probate court disposition on a violation
of this part, regardless of whether the penalty is rebated or
suspended.
(b) "Dealer" means any person engaged in the sale, lease, or
rental of snowmobiles as a regular business, other than an
auctioneer as that term is defined in section 2901 of the
occupational code, 1980 PA 299, MCL 339.2901.
(c) "Former section 15a" means section 15a of former 1968 PA
74, as constituted prior to May 1, 1994.
(d) "Highly restricted personal information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(e) "Highway or street" means the entire width between the
boundary
lines of every way publicly maintained if any part thereof
of
it is open to the use of the public
use for purposes of
vehicular travel.
(f) "Historic snowmobile" means a snowmobile that is over 25
years old and that is owned solely as a collector's item and for
occasional use and for participation in club activities,
exhibitions, tours, parades, and similar uses, including mechanical
testing.
(g) (f)
"In-kind contributions"
means services and goods as
approved by the department that are provided by a grant recipient
toward completion of a department-approved local snowmobile program
under section 82107.
(h) (g)
"Law of another state"
means a law or ordinance
enacted by any of the following:
(i) Another state.
(ii) A local unit of government in another state.
(iii) Canada or a province or territory of Canada.
(iv) A local unit of government in a province or territory of
Canada.
(i) (h)
"Long-term incapacitating
injury" means an injury that
causes a person to be in a comatose, quadriplegic, hemiplegic, or
paraplegic state, which state is likely to continue for 1 year or
more.
(j) (i)
"Operate" means to ride
in or on and be in actual
physical control of the operation of a snowmobile.
(k) (j)
"Operator" means any
person who operates a snowmobile.
(l) (k)
"Owner" means any of the
following:
(i) A person who holds the legal title to a snowmobile.
(ii) A vendee or lessee of a snowmobile that is the subject of
an agreement for conditional sale or lease with the right of
purchase upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional
vendee or lessee.
(iii) A person renting a snowmobile or having the exclusive use
of a snowmobile for more than 30 days.
(m) (l) "Peace
officer" means any of the following:
(i) A sheriff.
(ii) A sheriff's deputy.
(iii) A deputy who is authorized by a sheriff to enforce this
part and who has satisfactorily completed at least 40 hours of law
enforcement training, including training specific to this part.
(iv) A village or township marshal.
(v) An officer of the police department of any municipality.
(vi) An officer of the Michigan state police.
(vii) The director and conservation officers employed by the
department.
(viii) A law enforcement officer who is certified pursuant
to
under the commission on law enforcement standards act, 1965 PA 203,
MCL
28.601 to 28.616, as long as provided
that officer is policing
within his or her jurisdiction.
(n) (m)
"Personal information"
means information that
identifies an individual, including an individual's driver
identification number, name, address not including zip code, and
telephone number, but does not include information on snowmobile
operation or equipment-related violations or civil infractions,
operator or snowmobile registration status, accidents, or other
behaviorally-related information.
(o) (n)
"Probate court or family
division disposition" means
the entry of a probate court order of disposition or family
division order of disposition for a child found to be within the
provisions of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.1 to 712A.32.
(p) (o)
"Prosecuting attorney",
except as the context requires
otherwise, means the attorney general, the prosecuting attorney of
a county, or the attorney representing a local unit of government.
(q) (p)
"Recreational snowmobile trail
improvement subaccount"
means the recreational snowmobile trail improvement subaccount of
the snowmobile account created in section 82110.
(r) (q)
"Right-of-way" means that
portion of a highway or
street less the roadway and any shoulder.
(s) (r)
"Roadway" means that
portion of a highway or street
improved, designated, or ordinarily used for vehicular travel. If a
highway or street includes 2 or more separate roadways, the term
roadway
refers to any such roadway separately, but not to all such
of the roadways collectively.
(t) (s)
"Shoulder" means that
portion of a highway or street
on either side of the roadway that is normally snowplowed for the
safety and convenience of vehicular traffic.
(u) (t)
"Snowmobile" means any
motor-driven vehicle designed
for travel primarily on snow or ice of a type that utilizes sled-
type runners or skis, an endless belt tread, or any combination of
these or other similar means of contact with the surface upon which
it is operated, but is not a vehicle that must be registered under
the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(v) (u)
"Snowmobile account"
means the snowmobile account of
the Michigan conservation and recreation legacy fund provided for
in section 2025.
(w) (v)
"Snowmobile registration fee
subaccount" means the
snowmobile registration fee subaccount of the snowmobile account
created in section 82111.
(x) (w)
"Zone 1" means all of the
Upper Peninsula.
(y) (x)
"Zone 2" means all of
that part of the Lower Peninsula
north of a line beginning at and drawn from a point on the
Michigan-Wisconsin boundary line due west of the westerly terminus
of River road in Muskegon county; thence due east to the westerly
terminus of River road; thence north and east along the center line
of the River road to its intersection with highway M-120; thence
northeasterly and easterly along the center line of highway M-120
to the junction of highway M-20; thence easterly along the center
line of M-20 to its junction with US-10 at the Midland-Bay county
line; thence easterly along the center line of the "business route"
of highway US-10 to the intersection of Garfield road in Bay
county; thence north along the center line of Garfield road to the
intersection of the Pinconning road; thence east along the center
line of Pinconning road to the intersection of the Seven Mile road;
thence north along the center of the Seven Mile road to the Bay-
Arenac county line; thence north along the center line of the
Lincoln School road (county road 25) in Arenac county to the
intersection of highway M-61; thence east along the center line of
highway M-61 to the junction of highway US-23; thence northerly and
easterly along the center line of highway US-23 to the center line
of the Au Gres river; thence southerly along the center line of the
river to its junction with Saginaw Bay of Lake Huron; thence north
78° east to the international boundary line between the United
States and the Dominion of Canada.
(z) (y)
"Zone 3" means all of
that part of the Lower Peninsula
south
of the line described in subdivision (x) (y).
Sec. 82105c. (1) The secretary of state may issue to the owner
of a historic snowmobile a historic snowmobile registration decal
which shall bear the inscription "historic snowmobile - Michigan"
and the registration number. The registration decal shall be
affixed above or below the headlight or, if the historic snowmobile
was not originally equipped with a headlight, on the forward half
of the cowl above the footwell of the historic snowmobile.
(2) The owner of a historic snowmobile applying for a historic
snowmobile registration decal under this section shall pay a fee of
$50.00 and shall certify that the snowmobile for which the
registration is requested is owned and operated solely as a
historic snowmobile.
(3) A registration issued under this section is valid for the
period the historic snowmobile is owned by the owner and is
nontransferable.
(4) The secretary of state may revoke a registration decal
issued under this section, for cause shown and after a hearing, for
failure of the applicant to comply with this section or for use of
the snowmobile for which the registration was issued for purposes
other than those enumerated in section 82101(f).
(5) A historic snowmobile registered under this section is
exempt from registration under section 82105.
(6) The secretary of state may promulgate rules to implement
this section.
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 Twenty-two dollars of each
registration fee for
a snowmobile and $8.00 of each registration fee for a historic
snowmobile 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 of each
registration fee for a
snowmobile and not more than $3.00 for each registration fee for a
historic snowmobile 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 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 of
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) From Fourteen dollars of each fee
for a registration for a
snowmobile
paid before July 1, 2009, $14.00 or
from $19.00 of each
fee for a registration for a snowmobile paid on or after July 1,
2009,
$19.00 and $5.00 of each
fee for a registration for a
historic snowmobile 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)
From Five dollars of each fee for a registration for a
snowmobile
paid before July 1, 2009, $5.00 and $42.00 of each fee
for registration of a historic snowmobile 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.
(c) From each fee for a registration for a snowmobile other
than a historic snowmobile paid on or after July 1, 2009, $8.00
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.
(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.
(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 uses of snowmobile trails.
Sec. 82118. (1) In addition to registration of a snowmobile
pursuant
to under 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 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.
(c) For permits valid for the 1-year period beginning October
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) 50 cents shall be retained by the department for
administrative costs.
(b) $1.00 shall be retained by the agent selling the permit.
(c) The balance shall be deposited in the recreational
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 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. 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 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 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 shall, by June 1 of each year, report to
the members of the appropriate standing 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.
(13) This section does not apply to a historic snowmobile
registered under section 82105c.
