October 20, 2005, Introduced by Reps. Hildenbrand, Elsenheimer, Stakoe, Casperson, Baxter, Nitz and Walker and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 81101 (MCL 324.81101), as amended by 2003 PA
111, and by adding section 81101a; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81101. As used in this part:
(a)
"ATV" means a 3- or 4-wheeled 3-wheel, 4-wheel, or 6-
wheel vehicle designed for off-road use that has low-pressure
tires, has a bench seat or a seat designed to be straddled by the
rider,
and is powered by a 50cc to 500cc 900cc
gasoline engine or
an engine of comparable size using other fuels.
(b) "Code" means the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923.
(c) "Dealer" means a person engaged in the sale, lease, or
rental of an ORV as a regular business or, for purposes of selling
licenses under section 81116, any other person authorized by the
department to sell licenses or permits, or both, under this act.
(d) "Designated", unless the context implies otherwise, means
posted open for ORV use with appropriate signs by the department.
(e) "Forest road" means a hard surfaced road, gravel or dirt
road, or other route capable of travel by a 2-wheel drive, 4-wheel
conventional vehicle designed for highway use, except an
interstate, state, or county highway.
(f) "Forest trail" means a designated path or way capable of
travel
only by a vehicle less than 50 inches 60 inches or less in
width.
(g) "Highway" means the entire width between the boundary
lines of a way publicly maintained when any part of the way is open
to the use of the public for purposes of vehicular travel.
(h) "Highly restricted personal information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(i) "Late model ORV" means an ORV manufactured in the current
model year or the 5 model years immediately preceding the current
model year.
(j) "Manufacturer" means a person, partnership, corporation,
or association engaged in the production and manufacture of ORVs as
a regular business.
(k) "Operate" means to ride in or on, and be in actual
physical control of, the operation of an ORV.
(l) "Operator" means a person who operates or is in actual
physical control of the operation of an ORV.
(m) "ORV" or "vehicle" means a motor driven off-road
recreation vehicle capable of cross-country travel without benefit
of a road or trail, on or immediately over land, snow, ice, marsh,
swampland, or other natural terrain. ORV or vehicle includes, but
is not limited to, a multitrack or multiwheel drive vehicle, an
ATV,
a motorcycle or related 2-wheel, 3-wheel, or 4-wheel, or 6-
wheel vehicle, an amphibious machine, a ground effect air cushion
vehicle, or other means of transportation deriving motive power
from a source other than muscle or wind. ORV or vehicle does not
include a registered snowmobile, a farm vehicle being used for
farming, a vehicle used for military, fire, emergency, or law
enforcement purposes, a vehicle owned and operated by a utility
company or an oil or gas company when performing maintenance on its
facilities or on property over which it has an easement, a
construction or logging vehicle used in performance of its common
function, or a registered aircraft.
(n) "Owner" means any of the following:
(i) A vendee or lessee of an ORV which
that is the subject of
an agreement for the conditional sale or lease of the ORV, 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.
(ii) A person renting an ORV, or having the exclusive use of an
ORV, for more than 30 days.
(iii) A person who holds legal ownership of an ORV.
(o) "Person with disabilities" means a person who has 1 or
more of the following physical characteristics:
(i) Blindness.
(ii) Inability to ambulate more than 200 feet without having to
stop and rest during any time of the year.
(iii) Loss of use of 1 or both legs or feet.
(iv) Inability to ambulate without the prolonged use of a
wheelchair, walker, crutches, braces, or other device required to
aid mobility.
(v) A lung disease from which the person's expiratory volume
for 1 second, when measured by spirometry, is less than 1 liter, or
from which the person's arterial oxygen tension is less than 60
mm/hg of room air at rest.
(vi) A cardiovascular disease from which the person measures
between 3 and 4 on the New York heart classification scale, or from
which a marked limitation of physical activity causes fatigue,
palpitation, dyspnea, or anginal pain.
(vii) Other diagnosed disease or disorder including, but not
limited to, severe arthritis or a neurological or orthopedic
impairment that creates a severe mobility limitation.
(p) "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 ORV operation or equipment-
related violations or civil infractions, operator or vehicle
registration status, accidents, or other behaviorally-related
information.
(q) "Public agency" means the department or an agency of a
local or
federal unit of government or of the federal government.
(r) "Roadway" means that portion of a highway improved,
designated, or ordinarily used for vehicular travel. If a highway
includes 2 or more separate roadways, the term roadway refers to a
roadway separately, but not to all roadways collectively.
(s) "Route" means a forest road or other road that is
designated for purposes of this part by the department.
(t) "Safety education fund" means the safety education fund
created under section 81118.
(u) "Safety chief instructor" means a person who has been
certified by a nationally recognized ATV and ORV organization to
certify instructors and to do on-sight evaluations of instructors.
(v) "Trail improvement fund" means the ORV trail improvement
fund
created pursuant to under section 81117.
(w) "Visual supervision" means the direct observation of the
operator with the unaided or normally corrected eye, where the
observer is able to come to the immediate aid of the operator.
Sec. 81101a. As used in this part:
(a) "ATV" means a 3-wheel, 4-wheel, or 6-wheel vehicle
designed for off-road use that has low-pressure tires, has a bench
seat or a seat designed to be straddled by the rider, and is
powered by a 50cc to 900cc gasoline engine or an engine of
comparable size using other fuels.
(b) "Code" means the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923.
(c) "Dealer" means a person engaged in the sale, lease, or
rental of an ORV as a regular business or, for purposes of selling
licenses under section 81116, any other person authorized by the
department to sell licenses or permits, or both, under this act.
(d) "Designated", unless the context implies otherwise, means
posted open for ORV use with appropriate signs by the department.
(e) "Forest road" means a hard surfaced road, gravel or dirt
road, or other route capable of travel by a 2-wheel drive, 4-wheel
conventional vehicle designed for highway use, except an
interstate, state, or county highway.
(f) "Forest trail" means a designated path or way capable of
travel only by a vehicle 60 inches or less in width.
(g) "Highway" means the entire width between the boundary
lines of a way publicly maintained when any part of the way is open
to the use of the public for purposes of vehicular travel.
(h) "Highly restricted personal information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(i) "Late model ORV" means an ORV manufactured in the current
model year or the 5 model years immediately preceding the current
model year.
(j) "Manufacturer" means a person, partnership, corporation,
or association engaged in the production and manufacture of ORVs as
a regular business.
(k) "Off-road vehicle account" means the off-road vehicle
account of the Michigan conservation and recreation legacy fund
provided for in section 2015.
(l) "Operate" means to ride in or on, and be in actual physical
control of, the operation of an ORV.
(m) "Operator" means a person who operates or is in actual
physical control of the operation of an ORV.
(n) "ORV" or "vehicle" means a motor driven off-road
recreation vehicle capable of cross-country travel without benefit
of a road or trail, on or immediately over land, snow, ice, marsh,
swampland, or other natural terrain. ORV or vehicle includes, but
is not limited to, a multitrack or multiwheel drive vehicle, an
ATV, a motorcycle or related 2-wheel, 3-wheel, 4-wheel, or 6-wheel
vehicle, an amphibious machine, a ground effect air cushion
vehicle, or other means of transportation deriving motive power
from a source other than muscle or wind. ORV or vehicle does not
include a registered snowmobile, a farm vehicle being used for
farming, a vehicle used for military, fire, emergency, or law
enforcement purposes, a vehicle owned and operated by a utility
company or an oil or gas company when performing maintenance on its
facilities or on property over which it has an easement, a
construction or logging vehicle used in performance of its common
function, or a registered aircraft.
(o) "Owner" means any of the following:
(i) A vendee or lessee of an ORV that is the subject of an
agreement for the conditional sale or lease of the ORV, 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.
(ii) A person renting an ORV, or having the exclusive use of an
ORV, for more than 30 days.
(iii) A person who holds legal ownership of an ORV.
(p) "Person with disabilities" means a person who has 1 or
more of the following physical characteristics:
(i) Blindness.
(ii) Inability to ambulate more than 200 feet without having to
stop and rest during any time of the year.
(iii) Loss of use of 1 or both legs or feet.
(iv) Inability to ambulate without the prolonged use of a
wheelchair, walker, crutches, braces, or other device required to
aid mobility.
(v) A lung disease from which the person's expiratory volume
for 1 second, when measured by spirometry, is less than 1 liter, or
from which the person's arterial oxygen tension is less than 60
mm/hg of room air at rest.
(vi) A cardiovascular disease from which the person measures
between 3 and 4 on the New York heart classification scale, or from
which a marked limitation of physical activity causes fatigue,
palpitation, dyspnea, or anginal pain.
(vii) Other diagnosed disease or disorder including, but not
limited to, severe arthritis or a neurological or orthopedic
impairment that creates a severe mobility limitation.
(q) "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 ORV operation or equipment-
related violations or civil infractions, operator or vehicle
registration status, accidents, or other behaviorally-related
information.
(r) "Public agency" means the department or an agency of a
local unit of government or of the federal government.
(s) "Roadway" means that portion of a highway improved,
designated, or ordinarily used for vehicular travel. If a highway
includes 2 or more separate roadways, the term roadway refers to a
roadway separately, but not to all roadways collectively.
(t) "Route" means a forest road or other road that is
designated for purposes of this part by the department.
(u) "Safety chief instructor" means a person who has been
certified by a nationally recognized ATV and ORV organization to
certify instructors and to do on-sight evaluations of instructors.
(v) "Visual supervision" means the direct observation of the
operator with the unaided or normally corrected eye, where the
observer is able to come to the immediate aid of the operator.
Enacting section 1. Section 81101 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81101, is
repealed upon House Joint Resolution Z of the 92nd Legislature
becoming a part of the state constitution of 1963 as provided in
section 1 of article XII of the state constitution of 1963.
Enacting section 2. Section 81101a of the natural resources
and environmental protection act, 1994 PA 451, as added by this
amendatory act, does not take effect unless House Joint Resolution
Z of the 92nd Legislature becomes a part of the state constitution
of 1963 as provided in section 1 of article XII of the state
constitution of 1963.