Bill Text: MI SB1000 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Natural resources; other; certain reporting requirements; repeal. Amends secs. 504, 506, 511, 705, 4113, 8206, 43540a, 47102, 48735, 71507, 72118, 80205 & 81129 of 1994 PA 451 (MCL 324.504 et seq.) & repeals secs. 2521, 20112b, 32614 & 81149 of 1994 PA 451 (MCL 324.2521 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-09-05 - Assigned Pa 0237'18 With Immediate Effect [SB1000 Detail]
Download: Michigan-2017-SB1000-Engrossed.html
SB-1000, As Passed House, June 12, 2018
SB-1000, As Passed Senate, May 29, 2018
SENATE BILL No. 1000
May 16, 2018, Introduced by Senator STAMAS and referred to the Committee on Oversight.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 504, 506, 511, 705, 4113, 8206, 43540a, 47102,
48735, 71507, 72118, 80205, and 81129 (MCL 324.504, 324.506,
324.511, 324.705, 324.4113, 324.8206, 324.43540a, 324.47102,
324.48735, 324.71507, 324.72118, 324.80205, and 324.81129), section
504 as amended by 2009 PA 47, section 705 as added by 1995 PA 60,
section 4113 as amended by 2010 PA 302, section 8206 as added by
2001 PA 176, section 43540a as added by 2005 PA 116, section 47102
as added by 1995 PA 57, section 48735 as amended by 2003 PA 270,
section 71507 as added by 1995 PA 58, section 72118 as added by
2016 PA 288, section 80205 as amended by 2012 PA 61, and section
81129 as amended by 2013 PA 249; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 504. (1) The department shall promulgate rules to protect
and preserve lands and other property under its control from
depredation, damage, or destruction or wrongful or improper use or
occupancy.
(2)
Subject to subsection (4), (3),
the department shall do
all of the following:
(a) Keep land under its control open to hunting unless the
department determines that the land should be closed to hunting
because of public safety, fish or wildlife management, or homeland
security concerns or as otherwise required by law.
(b) Manage land under its control to support and promote
hunting opportunities to the extent authorized by law.
(c) Manage land under its control to prevent any net decrease
in the acreage of such land that is open to hunting.
(3)
Subject to subsection (4), by April 1, 2010 and each year
thereafter,
the department shall submit to the legislature a report
that
includes all of the following:
(a)
The location and acreage of land under its control
previously
open to hunting that the department closed to hunting
during
the 1-year period ending the preceding March 1, together
with
the reasons for the closure.
(b)
The location and acreage of land under its control
previously
closed to hunting that the department opened to hunting
during
the 1-year period ending the preceding March 1 to compensate
for
land closed to hunting under subdivision (a).
(3) (4)
Subsections (2) and (3) do Subsection
(2) does not
apply to commercial forestland as defined in section 51101.
(4) (5)
This section does not authorize the
department to
promulgate a rule that applies to commercial fishing except as
otherwise provided by law.
(5) (6)
The department shall not promulgate
or enforce a rule
that prohibits an individual who is licensed or exempt from
licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a
pistol in compliance with that act, whether concealed or otherwise,
on property under the control of the department.
(6) (7)
The department shall issue orders
necessary to
implement
rules promulgated under this section. These The orders
shall be effective upon posting.
(7) (8)
A person who violates a rule
promulgated under this
section or an order issued under this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
Sec.
506. (1) A writing prepared, owned, used, in the
possession of, or retained by the department or the commission in
the performance of an official function shall be made available to
the
public in compliance with the freedom of information act, Act
No.
442 of the Public Acts of 1976, being sections 15.231 to 15.246
of
the Michigan Compiled Laws.1976
PA 442, MCL 15.231 to 15.246.
(2)
Before January 16 of each year in which a regular session
of
the legislature is held, the department shall make to the
governor
and the legislature a report covering the operation of the
department
of natural resources for the preceding biennial period.
The
report, if ordered by the department of management and budget,
shall
be printed and distributed in the manner and to the persons
as
the board directs. The report shall be made available to the
public
as prescribed in subsection (1).
Sec. 511. The department may establish and collect fees for
the department of natural resources magazine, publications, and
related materials. Fees collected shall be credited to a separate
fund of the state treasury and shall be available for appropriation
to
the department of natural resources and used to pay all direct
and indirect operating costs of the magazine and for the purchase
of other related publications and materials. The retained earnings
balance of the magazine at the end of the fiscal year shall not
fall below the retained earnings balance at the end of the prior
fiscal year. Any unexpended fees collected pursuant to this
section, along with any excess collections from prior fiscal years,
shall be carried over into subsequent fiscal years and shall be
available for appropriation for the purposes described in this
section. The magazine account shall receive an annual allocation of
interest earned by the state treasurer's common cash fund on cash
balances
of the magazine in accordance with pursuant to procedures
established by the state treasurer. Accounting records of the
magazine
shall be maintained on an accrual basis in accordance
consistent with generally accepted accounting principles, including
the establishment of separate asset, liability, and equity accounts
for
the magazine. On March 1 of each year, the department shall
report
to the appropriations committees of the house of
representatives
and senate and the house and senate fiscal agencies
the
status of the natural resources magazine program as of the end
of
the prior fiscal year.
Sec.
705. (1) An application for a grant or loan made under
this part shall be reviewed and prioritized by the department each
fiscal year.
(2)
Not less than 60 days prior to the end of each fiscal
year,
the department shall report the following information
regarding
the grants or loans made under this part to the governor
and
the legislature:
(a)
The name and address of each person to whom a grant or
loan
was issued during the reporting year.
(b)
The nature of the project that received a grant or loan
during
the reporting year.
(c)
The amount of money received by each person who received a
grant
or loan during the reporting year.
(d)
The county in which the project is located.
(e)
The number of new employment opportunities, if any, that
resulted
from grants or loans made during the reporting year.
(f)
The number of new employment opportunities, if any, that
are
expected to result from grants or loans that are anticipated in
the
next reporting year.
Sec. 4113. (1) The infrastructure construction fund is created
within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund. The
department shall be the administrator of the fund for auditing
purposes.
(4) The department shall expend money from the fund, upon
appropriation, only to administer this part and the safe drinking
water act, 1976 PA 399, MCL 325.1001 to 325.1023, including all of
the following:
(a) Maintenance of program data.
(b) Development of program-related databases and software.
(c) Compliance assistance, education, and training directly
related to this part and the safe drinking water act, 1976 PA 399,
MCL 325.1001 to 325.1023.
(d) Program administration activities.
(5)
By January 1 of each year until January 1, 2016, the
department
shall prepare and submit to the governor, the chairs of
the
standing committees of the senate and house of representatives
with
primary responsibility for issues related to natural resources
and
the environment, and the chairs of the subcommittees of the
senate
and house appropriations committees with primary
responsibility
for appropriations to the department a report that
details
the department's administration of the expedited review
process
under section 4112 and the expedited review process under
section
4a of the safe drinking water act, 1976 PA 399, MCL
325.1004a,
in the previous fiscal year. This report shall include,
at
a minimum, all of the following as itemized for each expedited
review
process:
(a)
The number of requests for expedited review received by
the
department.
(b)
The percentage and number of requests for expedited review
that
were properly submitted.
(c)
The percentage and number of requests for expedited review
that
were reviewed for completeness within statutory time frames.
(d)
The percentage and number of requests for expedited review
for
which a final action was taken by the department within
statutory
time frames. The type of final action shall be indicated.
(e)
The amount of revenue in the fund at the end of the fiscal
year.
Sec. 8206. (1) The agriculture pollution prevention fund is
created in the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund, including state and federal
revenues, gifts, bequests, and other donations. The state treasurer
shall direct the investment of the fund and shall credit to the
fund interest and earnings from fund investments.
(3) Money in the fund or in any account within the fund at the
close of the fiscal year shall remain in the fund or account and
shall not lapse to the general fund. The department shall be the
administrator of the fund for auditing purposes.
(4) Money in the fund shall be expended, upon appropriation,
only for 1 or more of the following:
(a) For payments, financial incentives, or reimbursement for
rental payments for the implementation of conservation practices.
(b) For payments required under contracts entered into under
this part.
(c) For the purchase of conservation easements.
(d) For monitoring and enforcement of conservation easements.
(e) For awards to participants in conservation programs
established by the department under this part.
(f) For the promotion of conservation programs established by
the department under this part.
(g) Not more than 20% of the annual appropriations from the
fund for the administrative costs of the department in implementing
this part. As used in this subdivision, administrative costs
include, but are not limited to, costs incurred in doing 1 or more
of the following:
(i) Developing and implementing conservation programs.
(ii) Managing payments and financial incentives.
(iii) Monitoring and verifying the implementation of
conservation practices and enforcing contracts or agreements
concerning conservation practices.
(iv) Coordinating conservation programs with the United States
department of agriculture and other state agencies with
jurisdiction over conservation programs.
(5)
The department shall annually prepare and submit to the
standing
committees of the senate and house of representatives with
jurisdiction
over issues related to agriculture and the senate and
house
of representatives appropriations committees a report that
includes
all of the following:
(a)
The amount of money received by the fund during the
previous
fiscal year.
(b)
The expenditures of money from the fund during the
previous
fiscal year broken down by the categories listed in
subsection
(4)(a) to (g).
(c)
The balance of the fund on the date of the report.
(d)
The number of acres in which conservation practices have
been
implemented.
(e)
The number of acres in which conservation easements have
been
purchased or acquired.
Sec. 43540a. (1) Subject to subsection (4), by January 1,
2007, the department shall implement a program to distribute wild
game to people in need. The program shall be known as the sportsmen
against hunger program.
(2) Under the program, the department shall do all of the
following:
(a) Collect donations of legally taken game that complies with
all state and federal game laws, including any requirement that the
parts of the game be intact.
(b) Contract for processing the donated game.
(c) Distribute the processed game to food banks, soup
kitchens, and other charitable organizations that provide meals or
food to people free of charge.
(d) Promote the program through the license distribution
system and other means that will further the mission of the
program.
(3) Under the program, the department may request financial
donations to offset the cost of processing donated game. The
financial donations are tax deductible.
(4) The department may contract for the administration of the
program by a nonprofit organization that is exempt from taxation
under section 501(c)(3) of the internal revenue code, 26 USC 501,
if the department determines that it is more efficient to do so.
Subject to section 43540c(9), payments under the contract shall be
adequate to cover the nonprofit organization's costs in
administering the program. Before entering such a contract, the
department shall issue a request for proposals. If the request for
proposals does not yield a bid that meets the requirements of this
section,
both of the following apply:
(a)
The the department is not required to implement the
sportsmen against hunger program.
(b)
The department shall, within 30 days, submit a report to
the
standing committees of the senate and house of representatives
with
primary responsibility for hunting issues. The report, as
applicable,
shall explain that no bids were received or shall
specify
why each bid received was unacceptable. The report shall
also
indicate whether the department intends to implement the
sportsmen
against hunger program.
(5) To qualify to enter a contract under subsection (4), a
nonprofit organization must have demonstrated a commitment to the
goals of the program and have at least 5 years of experience in
providing wild game or other food to people free of charge. The
contract shall require that the contracting nonprofit organization
do all of the following:
(a) Maintain a license under the charitable organizations and
solicitations act, 1975 PA 169, MCL 400.271 to 400.294.
(b) Maintain adequate staff to perform the tasks outlined in
the contract.
(c) Annually undergo an independent financial audit and
provide
the audit information and report to all of the
following:the department.
(i) The department.
(ii) The subcommittee of the senate appropriations
committee
and
the subcommittee of the house of representatives appropriations
committee
with responsibility for the budget of the department.
(iii) The committees of the senate and house of
representatives
with primary responsibility for natural resources
issues.
(6) As used in this section, "program" means the sportsmen
against hunger program created under subsection (1).
Sec. 47102. The department shall keep proper books of accounts
and records of its transactions, and also of all operations and
experiments
in the discharge of the duties under this part. , and
shall
report biennially to the governor upon its operations and the
practical
results and success of the operations.
Sec. 48735. (1) Subject to subsection (2), a person shall not
take from any of the inland waters of this state any fish in any
manner for the purpose of fish culture or scientific investigation
without first obtaining a permit from the department, except that a
person who is operating a private fish pond may take fish from his
or her own pond for the purpose of propagation, scientific
investigation, or sale under part 459.
(2) The department may issue permits to possess live game fish
in public or private ponds, pools, or aquariums under rules and
regulations as the department prescribes. This subsection is
subject to subsection (5).
(3) The department may cause to be taken from the inland
waters of this state any species of fish for the purpose of
obtaining spawn for fish culture or scientific investigation or for
the protection of the inland waters from ecological damage or
imbalance. In addition, the department may cause to be taken from
the inland waters of this state species of fish that are not
required to maintain the fishery resources of the inland waters.
All fish taken under this subsection shall be taken under the
supervision of a deputy of the department appointed for that
purpose
and in accordance a manner
consistent with the regulations
of the department of agriculture and rural development, and the
fish may be sold or transferred by the department.
(4) A person shall not import or bring any live game fish,
including viable eggs of any game fish, from outside of this state
except under a permit from the department or under part 459 and the
rules
promulgated in accordance with under
that part. A person
shall not plant any spawn, fry, or fish of any kind in any of the
public waters of this state or any other waters under the
jurisdiction of this state without first obtaining a permit from
the department that states the species, number, and approximate
size or age of the spawn, fry, or fish to be planted and the name
and location of the waters where the spawn, fry, or fish shall be
planted. A permit is not required to plant spawn, fry, or fish
furnished by the federal or state government. This subsection is
subject to subsection (5).
(5) A permit under subsection (2) or (4) does not include a
genetically engineered variant of a fish species identified in the
permit unless the genetically engineered variant is specifically
identified in the permit. A permit under subsection (2) or (4) may
be limited to a genetically engineered fish.
(6)
A permit permittee under this section shall be exhibited
exhibit the permit upon the request of any law enforcement officer.
(7)
The department shall annually report to the legislature
all
fish sold or transferred pursuant to this part.
Sec. 71507. (1) The proceeds of the bonds issued under part
713 shall be deposited into the fund.
(2) The state treasurer shall direct the investment of the
fund. Except as otherwise may be required by the resolution
authorizing the issuance of the bonds in order to maintain the
exclusion from gross income of the interest paid on the bonds or to
comply with state or federal law, interest and earnings from
investment of the proceeds of any bond issue shall be allocated in
the same proportion as earned on the investment of the proceeds of
the bond issue.
(3) Except as otherwise may be required by the resolution
authorizing the issuance of the bonds in order to maintain the
exclusion from gross income of the interest paid on the bonds or to
comply with state or federal law, all repayments of principal and
interest earned under a loan program provided in this part shall be
credited to the appropriate restricted subaccounts of the fund and
used for the purposes authorized for the use of bond proceeds
deposited in that subaccount or to pay debt service on any
obligation issued which pledges the loan repayments and the
proceeds of which are deposited in that subaccount.
(4) The unencumbered balance in the fund at the close of the
fiscal year shall remain in the fund and shall not revert to the
general fund.
(5) The department shall annually submit to the governor, the
committees of the house of representatives and the senate with
jurisdiction pertaining primarily to natural resources and the
environment, and the appropriations committees of the house of
representatives and the senate a list of all projects that are
recommended to be funded under this part. This list shall be
submitted to the legislature not later than February 15 of each
year. This list shall also be submitted before any request for
supplemental appropriation of bond funds. The list shall include
the name, address, and telephone number of the eligible recipient
or participant; the nature of the eligible project; the county in
which the eligible project is located; an estimate of the total
cost of the eligible project; and other information considered
pertinent by the department. The estimated cost of eligible local
public recreation projects on the list for each year in which there
is
a limitation on borrowing under section 71503(5) 71503(7) shall
not exceed 1/3 of the amount authorized for local public recreation
projects
under section 71508(1)(b). and (c).
(6) The legislature shall appropriate prospective or actual
bond proceeds for projects proposed to be funded. Appropriations
shall be carried over to succeeding fiscal years until the project
for which the funds are appropriated is completed.
(7)
Not later than December 31 of each year, the department
shall
report to the governor, the committees of the house of
representatives
and the senate with jurisdiction pertaining
primarily
to natural resources and the environment, and the
committees
of the house of representatives and the senate on
appropriations
for the department a list of the projects financed
under
this part. The list shall include the name, address, and
telephone
number of the recipient or participant; the nature of the
project;
the amount of money received; the county in which the
project
is located; and other information considered pertinent by
the
department.
Sec. 72118. (1) The department shall make a comprehensive
inventory of forest roads that are state roads. The department
shall divide the state into 5 regions and complete the inventory in
regional phases. The Upper Peninsula shall be a separate region or
regions. The department shall inventory the 2 most northerly
regions in the Lower Peninsula by December 31, 2017. The department
shall inventory the remaining regions by December 31, 2018. The
inventory shall meet both of the following requirements:
(a) Identify the location, condition, and development level of
the forest roads.
(b) Determine types of motorized and nonmotorized use
currently restricted on each forest road segment and the seasons
during which those uses are currently restricted.
(2) Beginning when the inventory for a region is completed or
required to be completed, whichever occurs first, all of the
following apply:
(a) The forest roads within that region shall be open to
motorized use by the public unless designated otherwise by the
department
pursuant to section 504(7). by
order issued under
section 504. However, beginning on the effective date of the
amendatory act that added this section, forest roads in the Upper
Peninsula shall be open to motorized use by the public unless
designated
otherwise pursuant to section 504(7).by order issued
under section 504.
(b) If a timber harvest is planned for a particular area in
that region, the department shall evaluate whether the timber
harvest activity offers the opportunity to connect existing forest
roads and trails in that area.
(c) The department shall not newly restrict a road or trail in
that region from being used to access public land unless the
department has provided each local unit of government in which the
public land is located written notice that includes the reason for
the restriction. This subdivision does not apply to a restriction
imposed to protect public health or safety in an emergency
situation.
(3) The department shall annually post to its website the
total miles of forest roads open to motorized use in all
inventoried regions and a map or maps of those forest roads.
Sec. 80205. (1) A person shall not operate a personal
watercraft on the waters of this state unless each person riding on
or being towed behind the personal watercraft is wearing a type I,
type II, or type III personal flotation device as described in R
281.1234
of the Michigan administrative code.Administrative Code.
(2) A person shall not operate a personal watercraft on the
waters of this state unless each person on board the personal
watercraft is wearing a personal flotation device that is not
inflatable.
(3) A person shall not operate a personal watercraft on the
waters of this state if a child who is under 7 years of age is on
board or being towed behind the personal watercraft unless the
child is in the company of his or her parent or guardian or a
designee of the parent or guardian.
(4) While operating a personal watercraft equipped by the
manufacturer with a lanyard-type engine cutoff switch on the waters
of this state, a person shall have the lanyard attached to his or
her person, clothing, or personal flotation device as is
appropriate for the personal watercraft.
(5) A person shall not operate a personal watercraft on the
waters of this state during the period that begins at sunset and
ends at 8 a.m. As used in this subsection, "sunset" means that time
as
determined by the national weather service.National Weather
Service.
(6) A person operating a personal watercraft on the waters of
this state shall not cross within 150 feet behind another vessel,
other than a personal watercraft, unless the person is operating
the personal watercraft at slow—no wake speed. A person who
violates this subsection is responsible for a state civil
infraction and may be ordered to pay a civil fine of not more than
$500.00.
(7) A person shall not operate a personal watercraft on the
waters of this state where the water depth is less than 2 feet, as
determined by vertical measurement, unless 1 or both of the
following circumstances exist:
(a) The personal watercraft is being operated at slow—no wake
speed.
(b) The personal watercraft is being docked or launched.
(8) A person who violates subsection (7) is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
(9) A person shall operate a personal watercraft in a
reasonable and prudent manner. A maneuver that unreasonably or
unnecessarily endangers life, limb, or property, including, but not
limited to, all of the following, constitutes reckless operation of
a personal watercraft under section 80208:
(a) Weaving through congested vessel traffic.
(b) Jumping the wake of another vessel unreasonably or
unnecessarily close to the other vessel or when visibility around
the other vessel is obstructed.
(c) Waiting until the last possible moment before swerving to
avoid a collision.
(10) A person shall not operate a personal watercraft on the
waters of this state carrying more persons than the personal
watercraft is designed to carry.
(11) A violation of subsection (10) is prima facie evidence of
reckless operation of a watercraft under section 80208.
(12) A person operating a personal watercraft in excess of the
speeds established under part 801 is guilty of reckless operation
of a personal watercraft under section 80208.
(13) This section does not apply to a performer engaged in a
professional exhibition or a person preparing to participate or
participating in a regatta, race, marine parade, tournament, or
exhibition held in compliance with section 80164 under a permit
issued by the department and at the time and place specified in the
permit.
(14)
The department shall annually prepare and submit to the
standing
committees of the senate and house of representatives with
primary
jurisdiction over marine safety issues an accident report
related
to the use of personal watercraft, the types of personal
flotation
devices that were being used, and the injuries that
resulted.
Sec.
81129. (1) Subject to subsections (2), (3), and
subsection (17), a parent or legal guardian of a child less than 16
years of age shall not permit the child to operate an ORV unless
the child is under the direct visual supervision of an adult and
the child has an ORV safety certificate in his or her immediate
possession.
(2) Subject to subsection (17), a parent or legal guardian of
a child less than 12 years of age shall not permit the child to
operate an ATV with 4 or more wheels unless the child is not less
than 10 years of age and is on private land owned by a parent or
legal guardian of the child. This subsection does not apply to the
operation of an ATV used in agricultural operations.
(3) A parent or legal guardian of a child less than 16 years
of age shall not permit the child to operate a 3-wheeled ATV.
(4)
Subject to subsections (5), (6), and subsection (17), the
owner or person in charge of an ORV shall not knowingly permit the
vehicle to be operated by a child less than 16 years of age unless
the child is under the direct visual supervision of an adult and
the child has an ORV safety certificate in his or her immediate
possession.
(5) Subject to subsection (17), the owner or person in charge
of an ATV with 4 or more wheels shall not knowingly permit the
vehicle to be operated by a child less than 12 years of age unless
the child is not less than 10 years of age and is on private land
owned by a parent or legal guardian of the child. This subsection
does not apply to the operation of an ATV used in agricultural
operations.
(6) The owner or person in charge of a 3-wheeled ATV shall not
knowingly permit the vehicle to be operated by a child less than 16
years of age.
(7) The owner or person in charge of an ORV shall not
knowingly permit the vehicle to be operated by an individual who is
incompetent to operate the vehicle because of mental or physical
disability.
(8) The department shall implement a comprehensive program for
the training of ORV operators and the preparation and dissemination
of ORV information and safety advice to the public. The program
shall provide for the training of youthful operators and for the
issuance of ORV safety certificates to those who successfully
complete the training and may include separate instruction for each
type of ORV.
(9) In implementing a program under subsection (8), the
department shall cooperate with private organizations and
associations, private and public corporations, the department of
education, the department of state, and local governmental units.
The department shall consult with ORV and environmental
organizations and associations in regard to the subject matter of a
training program and performance testing that leads to
certification of ORV operators.
(10) The department may designate a qualified individual to
provide course instruction and to award ORV safety certificates.
(11) The department may promulgate rules to implement
subsections (8) to (10) and (17).
(12)
Subject to subsections (13), (14), and subsection (17), a
child who is less than 16 years of age shall not operate an ORV
unless the child is under the direct visual supervision of an adult
and the child has an ORV safety certificate in his or her immediate
possession.
(13) Subject to subsection (17), a child who is less than 12
years of age shall not operate an ATV with 4 or more wheels unless
the child is not less than 10 years of age and is on private land
owned by a parent or legal guardian of the child. This subsection
does
not apply to the operation of an ATV used in agricultural
operations.
(14) A child who is less than 16 years of age shall not
operate a 3-wheeled ATV.
(15) Subject to subsection (17), when operating an ORV, a
child who is less than 16 years of age shall present the ORV safety
certificate to a peace officer upon demand.
(16) Notwithstanding any other provision of this section, an
operator who is less than 12 years of age shall not cross a street,
county road, or highway. An operator who is not less than 12 years
of age but less than 16 years of age may cross a street, county
road, or highway or operate an ORV pursuant to section 81131(9) if
the operator has an ORV safety certificate in his or her immediate
possession and meets any other requirements under this section for
operation of the vehicle.
(17) The requirement that a child possess an ORV safety
certificate to operate an ORV, and the requirement that a child who
is less than 12 years of age not operate an ATV with 4 or more
wheels unless the child is not less than 10 years of age and is on
private land owned by a parent or legal guardian of the child, do
not apply if all of the following requirements are met:
(a) The child is participating in an organized ORV riding or
racing event held on land not owned by this state.
(b) The child's parent or legal guardian has provided the
event organizer with written permission for the child to
participate in the event.
(c) The event organizer has not less than $500,000.00
liability insurance coverage for the event.
(d) A physician or physician's assistant licensed or otherwise
authorized under part 170 or 175 of the public health code, 1978 PA
368, MCL 333.17001 to 333.17084 and 333.17501 to 333.17556, or a
paramedic or emergency medical technician licensed under part 209
of the public health code, 1978 PA 368, MCL 333.20901 to 333.20979,
is present at the site of the event or available on call.
(e) The event is at all times under the direct visual
supervision of adult staff of the event organizer and a staff
member serves as a flagger to warn participants if another
participant is injured or an ORV is inoperable in the ORV operating
area.
(f) Fencing or another means of crowd control is used to keep
spectators out of the ORV operating area.
(g) If the event is on a closed course, dust is controlled in
the ORV operating area and the riding surface in the ORV operating
area is otherwise properly prepared.
(h) Three-wheeled ATVs are not used by participants.
(i) Any ATVs used by participants are equipped with a side
step bar or comparable safety equipment and with a tether kill
switch, and the tether is used by all participants.
(j) Each participant in the event wears a crash helmet
approved by the United States department of transportation, a
protective long-sleeved shirt or jacket, long pants, boots, and
protective gloves.
(k) Any other applicable requirements of this part or rules
promulgated under this part are met.
(18) If a child less than 16 years of age participates and is
injured in an organized ORV riding or racing event, the organizer
of the event shall, within 30 days after the event, submit to the
department a report on a form developed by the department. The
report shall include all of the following information, as
applicable:
(a) Whether any participant less than 16 years of age was
killed or suffered an injury resulting in transportation to a
hospital as a result of an ORV accident at the event.
(b) The age of the child.
(c) Whether the child had been issued an ORV safety
certificate.
(d) The type of ORV operated.
(e) A description of the accident and injury.
(19)
By December 31 of each year, the department shall submit
to
the legislature a report that summarizes reports received under
subsection
(18) during the preceding calendar year. In the report,
the
department may recommend amendments to this part to improve the
safety
of children less than 16 years of age participating in
organized
ORV riding or racing events.
(19) (20)
The requirements of this section
are in addition to
any applicable requirements of section 81131(13).
Enacting section 1. Sections 2521, 20112b, 32614, and 81149 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.2521, 324.20112b, 324.32614, and 324.81149, are
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
