Bill Text: MI HB5613 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Vehicles; off-road; ORV license; redesignate as ORV trail permit, provide for disposition of trail permit fees, and abolish ORV citizens review board. Amends secs. 81115, 81116, 81117, 81123 & 81128 of 1994 PA 451 (MCL 324.81115 et seq.) & adds sec. 81125a. TIE BAR WITH: HB 5612'12, HB 5614'12, HB 5615'12

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-10 - Printed Bill Filed 05/10/2012 [HB5613 Detail]

Download: Michigan-2011-HB5613-Introduced.html

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HOUSE BILL No. 5613

 

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 *).