Bill Text: MI SB0552 | 2017-2018 | 99th Legislature | Engrossed
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-Engrossed.html
SB-0552, As Passed Senate, October 5, 2017
SENATE BILL No. 552
September 13, 2017, Introduced by Senator HANSEN and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
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 on and after
October
1, 2005 to the transportation
administration collection
fund created in section 810b of the Michigan vehicle code, 1949 PA
300,
MCL 257.810b, through October 1, 2019.2024.
(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. which is valid for the 12-month period for
which
it is issued. 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)
For a license valid for the 12-month period beginning
April
1, 2013, $16.25.
(a) (b)
For a license valid for a 12-month period beginning
April
1, 2014, 2015, 2016, 2017, or 2018 and that Except as
provided in subdivision (c), if the license does not authorize
operation of the ORV on state ORV trails, $26.25.
(b) (c)
For a license valid for a 12-month period beginning
April
1, 2014, 2015, 2016, 2017, or 2018 and that Except as
provided in subdivision (c), if the license authorizes operation of
the ORV on state ORV trails, $36.25.
(c) (d)
For a license valid for a 12-month
period beginning
April
1, 2019 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)
The Before a vehicle
requiring an ORV license is operated,
the
owner shall ensure that a license shall
be is 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.
(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.
