Bill Text: MI SB0552 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Vehicles; off-road; ORV license fee and deposit of commercial lookup fees in transportation administration collection fund; extend sunset. Amends secs. 81114 & 81116 of 1994 PA 451 (MCL 324.81114 & 324.81116).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-12-28 - Assigned Pa 199'17 With Immediate Effect [SB0552 Detail]
Download: Michigan-2017-SB0552-Chaptered.html
Act No. 199
Public Acts of 2017
Approved by the Governor
December 15, 2017
Filed with the Secretary of State
December 15, 2017
EFFECTIVE DATE: March 15, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2017
Introduced by Senator Hansen
ENROLLED SENATE BILL No. 552
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 81114 and 81116 (MCL 324.81114 and 324.81116), section 81114 as amended by 2015 PA 77 and section 81116 as amended by 2013 PA 75.
The People of the State of Michigan enact:
Sec. 81114. (1) The secretary of state shall make available to the public records maintained under this part, other than those declared to be confidential by law or that are restricted by law from disclosure to the public, under procedures prescribed in this part and in the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The secretary of state may provide a commercial lookup service of ORV operation, title, and registration records maintained under this part. For each individual record looked up, the secretary of state shall charge a fee specified annually by the legislature, or if none, a market-based price established by the secretary of state. The secretary of state shall process a commercial lookup request only if the request is in a form or format prescribed by the secretary of state. The secretary of state shall credit fees collected under this subsection to the transportation administration collection fund created in section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, through October 1, 2024.
(3) The secretary of state shall create and maintain a computerized central file that includes the information contained on application forms received under this part and the name of each person who is convicted of an offense, who fails to comply with an order or judgment issued, or against whom an order is entered under this part. The computerized central file shall be interfaced with the law enforcement information network as provided in the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.
(4) The secretary of state may purge a record of an ORV certificate of title and any record pertaining to it 7 years after the title was issued or the record was made or received.
(5) The secretary of state shall not provide an entire computerized central or other file of records maintained under this part to a nongovernmental person or entity unless the purchaser pays the prescribed fee or price for each individual record contained within the computerized file.
(6) A certified copy of an order, record, or paper maintained under this part is admissible in evidence in the same manner as the original and is prima facie proof of the facts stated in the original.
Sec. 81116. (1) The owner of an ORV requiring licensure under this part shall file an application for a license 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 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 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 as provided in subsection (2). A person shall not file an application for a license 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. A license shall be issued and is valid for the 12-month period beginning April 1 and ending March 31 each year.
(2) The fee for a license is as follows:
(a) Except as provided in subdivision (c), if the license does not authorize operation of the ORV on state ORV trails, $26.25.
(b) Except as provided in subdivision (c), if the license authorizes operation of the ORV on state ORV trails, $36.25.
(c) For a license valid for a 12-month period beginning April 1, 2024 or a subsequent April 1, no fee.
(3) Dealers may purchase from the department ORV licenses for resale to owners of vehicles requiring licensure under this part. The department shall refund to dealers the purchase price of any ORV licenses returned within 90 days after the end of the 12-month period for which they were valid. A dealer shall maintain and provide to the department records of ORV license sales on forms provided by the department. In addition to the sale of ORV licenses, 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.
(4) Before a vehicle requiring an ORV license is operated, the owner shall ensure that a license is permanently attached to the vehicle in the manner prescribed and in the location designated by the department.
(5) If at the time of sale the purchaser certifies on a form provided by the department that the purchased vehicle otherwise requiring a license 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 is not required.
(6) If a license acquired by the owner of an ORV is lost or destroyed, the department shall provide that person with a replacement license free of charge. The department may require a person requesting a replacement license to supply sufficient evidence of the loss or destruction of the original license.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
