May 12, 2010, Introduced by Rep. Lindberg and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2001, 2015, 71101, 71102, 71103, 71108, 81101,
81102, 81103, 81104, 81105, 81106, 81107, 81108, 81109, 81110,
81111, 81112, 81113, 81114, 81114a, and 81114c (MCL 324.2001,
324.2015, 324.71101, 324.71102, 324.71103, 324.71108, 324.81101,
324.81102, 324.81103, 324.81104, 324.81105, 324.81106, 324.81107,
324.81108, 324.81109, 324.81110, 324.81111, 324.81112, 324.81113,
324.81114, 324.81114a, and 324.81114c), section 2001 as amended by
2010 PA 32, section 2015 as added and sections 71101, 71108, and
81110 as amended by 2004 PA 587, section 71102 as amended by 2000
PA 405, sections 71103, 81102, 81103, 81104, 81105, 81106, 81107,
and 81111 as added by 1995 PA 58, section 81101 as amended by 2009
PA 200, section 81108 as amended by 2005 PA 39, section 81109 as
amended by 1996 PA 175, section 81112 as amended by 2005 PA 271,
section 81113 as amended and section 81114a as added by 1997 PA
102, section 81114 as amended by 2009 PA 100, and section 81114c as
amended by 2000 PA 194, and by adding sections 81113a, 81113b,
81113c, 81113d, 81113e, 81113f, 81113g, and 81113h.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2001. As used in this part:
(a) "Forest recreation account" means the forest recreation
account of the legacy fund provided for in section 2005.
(b) "Game and fish protection account" means the game and fish
protection account of the legacy fund provided for in section 2010.
(c) "Legacy fund" means the Michigan conservation and
recreation legacy fund established in section 40 of article IX of
the state constitution of 1963 and provided for in section 2002.
(d)
"Off-road "Off-highway
vehicle account" means the off-road
off-highway vehicle account of the legacy fund provided for in
section 2015.
(e) "Recreation improvement account" means the recreation
improvement account of the legacy fund provided for in section
2020.
(f) "Recreation passport fee" means a state park and state-
operated public boating access site recreation passport fee paid
under section 805 of the Michigan vehicle code, 1949 PA 300, MCL
257.805, or under rules promulgated under section 74120(2).
(g) "Snowmobile account" means the snowmobile account of the
legacy fund provided for in section 2025.
(h) "State park improvement account" means the state park
improvement account of the legacy fund provided for in section
2030.
(i) "Waterways account" means the waterways account of the
legacy fund provided for in section 2035.
Sec. 2015. (1) The off-road vehicle account is established as
an account within the legacy fund. Beginning on the effective date
of the amendatory act that added this sentence, the off-road
vehicle account may be known as the off-highway vehicle account.
(2)
The off-road off-highway vehicle account shall consist of
both of the following:
(a) All money in the trail improvement fund, formerly created
in section 81117, and the safety education fund, formerly created
in section 81118, immediately prior to the effective date of the
amendatory
act that added this section, which money is hereby
transferred
to the off-road off-highway
vehicle account.
(b) Revenue deriving from either of the following sources:
(i) Revenue from fees imposed upon the use or registration of
off-road
off-highway vehicles.
(ii) Other revenues as authorized by law.
(3)
Money in the off-road off-highway
vehicle account shall be
expended, upon appropriation, only as provided in part 811 and for
the
administration of the off-road off-highway
vehicle account.
(4)
Money in the off-road off-highway
vehicle account may be
expended pursuant to subsection (3) for grants to state colleges
and
universities to implement programs funded by the off-road off-
highway vehicle account.
Sec. 71101. As used in this part:
(a) "Associated facilities" means restrooms, shelters,
campgrounds, and parking lots directly related to trails or
waterways projects.
(b)
"Off-road "Off-highway
vehicle" means ORV OHV as
it is
defined in part 811, which is required to be registered under part
811.
(c)
"Off-road "Off-highway
vehicle account" means the off-road
off-highway vehicle account of the Michigan conservation and
recreation legacy fund provided for in section 2015.
(d) "Off-highway vehicle registration fee subaccount" means
the off-highway vehicle registration fee subaccount of the off-
highway vehicle account created in section 81113f.
(e) (d)
"Recreation improvement
account" means the recreation
improvement account of the Michigan conservation and recreation
legacy fund provided for in section 2020.
(f) (e)
"Recreational projects"
means, in addition to the
activities provided for in this part, the construction,
maintenance, and operation of trails and associated facilities that
may
be used by off-road off-highway
vehicles, cross-country skiers,
horseback riders, and hikers, and inland lake cleanup grants as
provided by part 309.
(g) (f)
"Snowmobile account"
means the snowmobile account of
the Michigan conservation and recreation legacy fund provided for
in section 2025.
(h) (g)
"Vessel" means all
watercraft except the following:
(i) Watercraft used for commercial fishing.
(ii) Watercraft used by the sea scout department of the boy
scouts of America chiefly for training scouts in seamanship.
(iii) Watercraft owned by this state, any political subdivision
of this state, or the federal government.
(iv) Watercraft when used in interstate or foreign commerce and
watercraft used or owned by any railroad company or railroad car
ferry company.
(v) Watercraft when used in trade, including watercraft when
used in connection with an activity that constitutes a person's
chief business or means of livelihood.
(i) (h)
"Watercraft" means any
contrivance that is used or
designed for navigation on water, including, but not limited to,
any vessel, ship, boat, motor vessel, steam vessel, vessel operated
by machinery, motorboat, sailboat, barge, scow, tugboat, and
rowboat, but does not include watercraft used or owned by the
United States.
(j) (i)
"Waterways account" means
the waterways account of the
Michigan conservation and recreation legacy fund provided for in
section 2035.
Sec. 71102. (1) There is a privilege tax imposed on all
gasoline and diesel fuel sold in this state that is used to
generate power for the operation or propulsion of vessels on the
waterways
of this state, of off-road off-highway
vehicles, and of
snowmobiles.
(2) The privilege tax imposed on gasoline and undyed diesel
fuel shall be paid to the department of treasury in the same
manner, at the same time, and at the same rate per gallon as the
tax levied under the motor fuel tax act. The privilege tax imposed
on dyed diesel fuel shall be paid to the department of treasury by
the retail distributor or other person who sells the dyed diesel
fuel to a person who uses the fuel to generate power for the
operation or propulsion of vessels on the waterways of this state,
of
off-road off-highway vehicles, and of snowmobiles. The privilege
tax imposed by this section shall not apply to liquefied petroleum
gas.
Sec. 71103. (1) The legislature finds that 2.0% of all of the
gasoline sold in this state for consumption in internal combustion
engines is used to generate power for the operation or propulsion
of
vessels on the waterways of this state, of off-road off-highway
vehicles, and of snowmobiles.
(2) The department and the state transportation department
shall prepare a joint report to the legislature by January 1, 1992,
providing their estimate of actual gasoline and diesel fuel usage
based on any data collected from March 30, 1988 to January 1, 1991
and their observation of the historical trends of gasoline and
diesel fuel usage in this state for the following categories:
(a)
Off-road Off-highway vehicles.
(b) Watercraft.
(c) Snowmobiles.
Sec. 71108. (1) The state treasurer shall annually review and
make recommendations to the legislature on the distributions of the
recreation improvement account, including recreational projects and
geographic locations.
(2) Money in the recreation improvement account shall be
distributed as follows:
(a) Eighty percent of the money shall be annually transferred
to the waterways account.
(b) Fourteen percent of the money shall be annually
transferred to the snowmobile account.
(c) The remainder of the money that is not transferred under
subdivisions (a) and (b) shall be used, upon appropriation, for
recreation projects and for the administration of the recreation
improvement account. Of the money credited to recreational projects
in a fiscal year, not less than 25% shall be expended on projects
to repair damages as a result of pollution, impairment, or
destruction of air, water, or other natural resources, or the
public trust in air, water, or other natural resources, as a result
of
the use of off-road off-highway
vehicles.
Sec. 81101. As used in this part:
(a) "ATV" means a 3-, 4-, or 6-wheeled vehicle designed for
off-road
off-highway use that has low-pressure tires, has a seat
designed to be straddled by the rider, and is powered by a 50cc to
1,000cc 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 OHV 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 OHV use with appropriate signs by the
department.
(e) "Enforcement officer" means any of the following:
(i) A sheriff.
(ii) A sheriff's deputy.
(iii) An individual who is authorized by a sheriff to enforce
this part and who has satisfactorily completed at least 40 hours of
law enforcement training, including training specific to this part.
(iv) A village or township marshal.
(v) An officer of the police department of any municipality.
(vi) An officer of the Michigan state police.
(vii) The director and conservation officers employed by the
department.
(viii) A law enforcement officer who is certified pursuant to
the commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616, as long as that officer is policing within his or
her jurisdiction.
(f) (e)
"Farm vehicle" means
either of the following:
(i) An implement of husbandry as that term is defined in
section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.
(ii) A vehicle used in connection with a farm operation as that
term is defined in section 2 of the Michigan right to farm act,
1981 PA 93, MCL 286.472.
(g) (f)
"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.
(h) (g)
"Forest
trail" means a designated path or way capable
of travel only by a vehicle less than 50 inches in width.
(i) (h)
"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.
(j) (i)
"Highly restricted personal
information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(k) (j)
"Late model ORV OHV"
means an ORV OHV manufactured in
the current model year or the 5 model years immediately preceding
the current model year.
(l) (k)
"Manufacturer" means a
person, partnership,
corporation, or association engaged in the production and
manufacture
of ORVs OHVs as a regular business.
(m) (l) "Off-road "Off-highway vehicle
account" means the off-
road
off-highway vehicle account of the Michigan
conservation and
recreation legacy fund established in section 2015.
(m)
"Operate" means to ride in or on, and be in actual
physical
control of, the operation of an ORV .
(n)
"Operator" means a person who operates or is in actual
physical
control of the operation of an ORV .
(n) (o)
"ORV" "OHV"
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 OHV
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 OHV 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) "Operate" means to ride in or on, and be in actual
physical control of, the operation of an OHV.
(p) "Operator" means a person who operates or is in actual
physical control of the operation of an OHV.
(q) "Other road" means a linear route capable of sustaining
OHV traffic up to 72 inches in width that is not a highway or
forest road. Other road includes, but is not limited to, former
logging access roads, abandoned state or county roads, and
abandoned railroad beds that are not dedicated for other uses.
(r) (p)
"Owner" means any of the
following:
(i) A vendee or lessee of an ORV OHV that
is the subject of an
agreement
for the conditional sale or lease of the ORV OHV,
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 OHV,
or having the exclusive use
of
an ORV OHV, for more than 30 days.
(iii) A person who holds legal ownership of an ORV OHV.
(s) (q)
"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.
(t) (r)
"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 OHV
operation or equipment-related violations or civil infractions,
operator or vehicle registration status, accidents, or other
behaviorally-related information.
(u) (s)
"Public agency" means the
department or a local or
federal unit of government.
(v) (t)
"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.
(w) (u)
"Route" means a forest
road or other road that is
designated for purposes of this part by the department.
(x) (v)
"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
completed nationally recognized safety training for all OHV types.
(y) (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. 81102. (1) A vehicle registered under the code or a
vehicle
registered under part 801 is exempt from the licensure
trail permit provisions of this part, unless the vehicle is
operated
as an ORV OHV off highways, roadways, streets, and forest
roads.
(2)
An ORV OHV operated solely on private property by the
owner of the property, a family member of the owner, or an invited
guest
of the owner is exempt from the licensure trait portrait
provisions of this part.
Sec.
81103. (1) After April 1, 1991, every ORV OHV sold by a
dealer to a retail purchaser shall be subject to the certificate of
title provisions of this part.
(2) After April 1, 1991, a person who purchases or otherwise
acquires
an ORV OHV shall make application for a certificate of
title as provided in this part.
(3)
After April 1, 1991, the owner of an ORV OHV that
has not
been
titled pursuant to under subsection (1) or (2) or the code may
apply for and, if otherwise eligible, receive a certificate of
title
issued under this part. If the ORV OHV was previously titled
under the code, it is not eligible for titling under this part.
Sec.
81104. The owner of an ORV OHV
that has been and is
titled
under this part may, if the ORV OHV
is otherwise eligible,
apply
for a title to the ORV OHV
under the code. If the owner
applies for a title under the code, the title issued under this
part shall at that time be surrendered to the department of state.
Sec.
81105. After an ORV OHV has been titled under this part,
both of the following shall occur:
(a) The owner, except as provided in section 81104, shall not
sell
or otherwise assign ownership in the ORV OHV without
delivering to the transferee a certificate of title showing
assignment
of the ORV OHV in the transferee's name.
(b)
A person shall not purchase or otherwise acquire an ORV
OHV without obtaining a certificate of title to it in the person's
name pursuant to either this part or the code.
Sec.
81106. An ORV OHV is exempt from the motor vehicle
accident
claims act, Act No. 198 of the Public Acts of 1965, being
sections
257.1101 to 257.1133 of the Michigan Compiled Laws 1965 PA
198, MCL 257.1101 to 257.1133, and from sections 3101 to 3179 of
the
insurance code of 1956, Act No. 218 of the Public Acts of 1956,
being
sections 500.3101 to 500.3179 of the Michigan Compiled Laws
1956 PA 218, MCL 500.3101 to 500.3179.
Sec. 81107. (1) A person shall not sell or otherwise transfer
an
ORV OHV to a dealer, to be used by the dealer for purposes
of
display and resale, without delivering to the dealer a
manufacturer's certificate of origin executed in accordance with
this section. A dealer shall not purchase or otherwise acquire a
new
ORV OHV without obtaining a manufacturer's certificate of
origin.
(2) A manufacturer's certificate of origin shall contain the
following information:
(a)
A description of the ORV OHV, including year, make, model
or series, and vehicle identification number.
(b)
Certification of the date of the transfer of the ORV OHV
to the dealer.
(c) The dealer's name and address.
(d) Certification that this transaction is the first transfer
of
the new ORV OHV in ordinary commerce.
(e) The transferor's signature and address.
(3) An assignment of a manufacturer's certificate of origin
shall be printed on the reverse side of the certificate. The
assignment shall include the name and address of the transferee, a
certification
that the ORV OHV is new, and a warranty that the
title at the time of delivery is subject only to the secured
interests set forth in the assignment.
Sec.
81108. (1) An application for an ORV OHV certificate of
title shall be on a form prescribed by the department of state. The
application shall be certified by the owner or purchaser and shall
contain, in addition to other information required by the
department of state, the following information:
(a) The applicant's name and address.
(b) A statement of any security interest or other liens on the
ORV
OHV, along with the name and address of any lienholder.
(c) If a lien is not outstanding, a statement of that fact.
(d)
A description of the ORV OHV, including the year, make,
model or series, and vehicle identification number.
(2)
An application for an ORV OHV
certificate of title that
indicates
the existence of a security interest in the ORV OHV
shall, if requested by the security interest holder, be accompanied
by a copy of the security agreement, which may be unsigned. The
department of state shall indicate on the copy the date and place
of filing and shall return the copy to the person who filed the
application. The filer shall forward the copy to the security
interest holder identified in the application.
(3) Receipt by the secretary of state of a properly tendered
application
for an ORV OHV certificate of title that indicates the
existence
of a security interest in the ORV OHV is a condition of
perfection
of a security interest in the ORV OHV and is equivalent
to filing a financing statement under the uniform commercial code,
1962
PA 174, MCL 440.1101 to 440.11102, with respect to the ORV
OHV. When a security interest in an ORV OHV is
perfected, it has
priority over the rights of a lien creditor as lien creditor is
defined in section 9102 of the uniform commercial code, 1962 PA
174, MCL 440.9102.
Sec.
81109. (1) The purchaser or other transferee of an ORV
OHV subject to the titling provisions of this part shall, except as
provided in subsection (2), make application to the department of
state
for issuance of a certificate of title to the ORV OHV.
The
application shall be filed within 15 days after the date of
purchase or transfer.
(2)
A dealer selling ORVs OHVs
at retail, within 15 days after
delivering
an ORV OHV to a retail purchaser, shall make application
for
issuance of an ORV OHV certificate of title in the purchaser's
name.
The purchaser of the ORV OHV
shall sign the application and
other papers necessary to enable the dealer to secure the title
from
the department of state. If the ORV OHV was not previously
titled, the application shall be accompanied by a manufacturer's
certificate of origin.
(3) At the request of the applicant, the department of state
shall
process an application for an ORV OHV certificate of title on
an expedited basis.
(4)
An application filed with the department of state pursuant
to
under this section shall be accompanied by the fee or fees
prescribed in section 81110.
(5) Beginning January 1, 1992, a person who violates this
section is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $100.00.
Sec. 81110. (1) The department of state shall charge a fee of
$11.00
for processing an application for an ORV OHV certificate of
title
or a duplicate ORV OHV certificate of title. The department
of state shall charge an additional fee of $5.00 for processing an
application on an expedited basis.
(2)
If a check or draft in payment of a required fee
prescribed in subsection (1) is not paid on its first presentation,
the fee is delinquent as of the date the check or draft was
tendered. The person tendering the check or draft remains liable
for the payment of each fee and any penalty.
(3)
The department of state may suspend an ORV OHV certificate
of title if the department of state determines that a fee
prescribed
in this section subsection
(1) has not been paid and
remains unpaid after reasonable notice or demand.
(4) If a fee prescribed in subsection (1) is still delinquent
15 days after the department of state has given notice to a person
who tendered the check or draft, a $10.00 penalty shall be assessed
and collected in addition to the fee.
(5) The revenue collected from the fees imposed under this
section shall be used to support the administrative costs of the
secretary of state required by this section. Annual revenue
collected in excess of these administrative costs shall be credited
to
the off-road off-highway vehicle account. Amounts appropriated
for administrative costs but unexpended shall be credited to the
off-road
off-highway vehicle account.
Sec. 81111. (1) The department of state may refuse to issue an
original
or duplicate ORV OHV certificate of title if any of the
following occur:
(a) The applicant fails to furnish all required information or
reasonable additional information requested by the department of
state.
(b) The required fee has not been paid.
(c)
The applicant is not entitled to an ORV OHV certificate of
title under this part.
(d)
The ORV OHV is titled under the code.
(e) The application contains a false or fraudulent statement.
(f) The department of state has reasonable grounds to believe
that
the ORV OHV was stolen or embezzled.
(2)
If satisfied that the applicant is the owner of the ORV
OHV
and is otherwise entitled to an ORV OHV certificate
of title,
the
department of state shall issue an ORV OHV certificate of title
in the applicant's name. The certificate shall be mailed or
otherwise
delivered to the owner of the ORV OHV or to another
person specified by the owner in a separate instrument, in a form
prescribed by the department of state.
(3) If the secretary of state is not satisfied as to the
ownership
of an ORV OHV which is not a late model ORV OHV and
whose
value does not exceed $1,500.00, the secretary of state shall
require the applicant to certify that the applicant is the owner of
the
ORV OHV and therefore entitled to make application for a
certificate
of title for the ORV OHV.
Sec.
81112. (1) An ORV OHV certificate of title shall be
manufactured in a manner to prevent as nearly as possible the
reproduction, alteration, counterfeiting, forging, or duplication
of
the certificate without ready detection. An ORV OHV certificate
of title shall contain on its face the information set forth in the
application, including a notation of all secured interests in the
ORV
OHV, the date on which the application was filed, and
other
information required by the department of state.
(2) The department of state shall prescribe a uniform method
of
numbering ORV OHV certificates of title.
(3)
An ORV OHV certificate of title shall contain a form for
assignment and warranty of title by the owner with space for the
notation
of a security interest in the ORV OHV. The ORV OHV
certificate of title may also contain other forms that the
department of state considers necessary to facilitate the effective
administration of this part. The certificate shall bear the coat of
arms of this state.
(4) A person who intentionally reproduces, alters,
counterfeits,
forges, or duplicates an ORV OHV
certificate of title
or who uses a reproduced, altered, counterfeited, forged, or
duplicated
ORV OHV certificate of title is subject to the following
penalties:
(a) If the intent of reproduction, alteration, counterfeiting,
forging, duplication, or use was to commit or aid in the commission
of an offense punishable by imprisonment for 1 or more years, the
person committing the reproduction, alteration, counterfeiting,
forging, duplication, or use is guilty of a misdemeanor punishable
by imprisonment for a period equal to that which could be imposed
for the commission of the offense the person had the intent to aid
or commit or a fine of not more than $5,000.00, or both.
(b) If the intent of the reproduction, alteration,
counterfeiting, forging, duplication, or use was to commit or aid
in the commission of an offense punishable by imprisonment for not
more than 1 year, the person committing the reproduction,
alteration, counterfeiting, forging, duplication, or use is guilty
of a misdemeanor punishable by imprisonment for not more than 1
year or a fine of not more than $1,000.00, or both.
Sec.
81113. (1) If an ORV OHV certificate of title or
duplicate certificate of title is lost or mutilated or becomes
illegible, the person entitled to possession of the certificate, or
the legal representative or successor in interest to the
titleholder of record, may make application to the department of
state
for a duplicate ORV OHV certificate of title. Upon receipt of
the application, the fee prescribed in section 81110, and
information satisfactory to the department of state to establish
entitlement to the duplicate, the department of state may issue a
duplicate
ORV OHV certificate of title to the applicant.
(2)
Every duplicate ORV OHV certificate of title shall contain
the legend: "This is a duplicate certificate of title and may be
subject to the rights of a person under the original certificate.".
(3) The secretary of state shall maintain 1 or more indexes
pertaining
to ORV OHV certificates of title. Upon receiving an
application
for an ORV OHV certificate of title, the secretary of
state may check the information in the application and accompanying
documents against the indexes of titled, registered, stolen, and
recovered
ORVs OHVs and against other records maintained by the
secretary of state.
Sec. 81113a. (1) The secretary of state shall begin OHV
registrations under this section on January 1, 2011. Beginning
April 1, 2011, before operating an OHV requiring registration in
this state, the owner shall obtain a registration for that OHV from
the department of state. The application shall be made on forms
provided by the department of state. If the OHV was purchased from
a retail dealer in this state, application for initial registration
shall be made with the dealer at the point of sale. The dealer
shall issue a temporary registration permit in a form received from
and approved by the department of state that is valid for 15 days
after the date of sale. Each retail dealer shall submit
applications for registrations and fees to the department of state
not less than once each week. The application shall include the new
owner's signature and the new owner's name and bona fide residence
address and the names and addresses of holders of any security
interest in the OHV and its accessories in the order of priority.
The application shall be accompanied by a fee of $20.00. Upon
receipt of the application in approved form, the department of
state shall enter the application upon its records and issue to the
applicant a certificate of registration and decal. The certificate
of registration shall contain the number awarded to the OHV, the
name and address of the owner, other information the department of
state considers necessary, and the name and address of the holders
of secured interests. A person shall not operate an OHV that is
required to be registered in this state unless the person possesses
the certificate of registration in legible form. However, a
registration certificate is not required to operate an OHV on
private property or on public property used for an organized OHV
riding or racing event. The person shall make the certificate of
registration available for inspection upon demand by a peace
officer.
(2) If the secretary of state is not satisfied as to the
ownership of an OHV that is worth more than $2,500.00, before
registering the OHV and issuing a certificate of registration, the
secretary of state may require the applicant to file a properly
executed surety bond in a form prescribed by the secretary of state
and executed by the applicant and a company authorized to conduct a
surety business in this state. The bond shall be in an amount equal
to twice the value of the OHV as determined by the secretary of
state and shall be conditioned to indemnify or reimburse the
secretary of state, any prior owner, and any subsequent purchaser
of the OHV and their successors in interest against any expense,
loss, or damage, including reasonable attorney fees, incurred as a
result of the issuance of a certificate of registration for the OHV
or any defect in the right, title, or interest of the applicant in
the OHV. An interested person has a right of action to recover on
the bond for a breach of the conditions of the bond, but the
aggregate liability of the surety to all persons shall not exceed
the amount of the bond. The bond shall be returned at the end of 3
years, or before 3 years if the OHV is no longer registered in this
state and the current valid certificate of registration is
surrendered to the secretary of state, unless the secretary of
state has received notification of the pendency of an action to
recover on the bond. If the secretary of state is not satisfied as
to the ownership of an OHV that is worth $2,500.00 or less, the
secretary of state shall require the applicant to certify that the
applicant is the owner of the OHV and entitled to register the OHV.
(3) A certificate of registration and registration decal
issued before April 1, 2011 are valid until March 31, 2014. A
certificate of registration and registration decal issued on or
after April 1, 2011 are valid for a 3-year period that begins on
the date of issue. The certificate of registration and registration
decal may be renewed as provided in section 81113g(2) by payment of
a fee of $20.00. The registration decal shall be displayed as
prescribed by rule promulgated by the department of state. However,
a registration decal is not required for an OHV that is equipped
with a registration plate issued by this state, another state, or a
province of Canada.
(4) The department of state may destroy a record of a
certificate of registration 7 years after expiration of the
certificate.
(5) The department of state shall make registration
information under this section available to law enforcement through
the law enforcement information network (L.E.I.N.).
(6) A registration fee collected under this part shall be
deposited in the off-highway vehicle account as provided in section
2015, and allocated as provided in section 81113d.
Sec. 81113b. (1) If a check, draft, or electronic payment of a
required fee is not paid on its first presentation, the fee is
delinquent as of the date the check, draft, or electronic payment
was tendered. The person tendering the check, draft, or electronic
payment remains liable for the payment of each fee and any penalty.
(2) The department of state may suspend the operator's or
chauffeur's license issued under the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923, of the person tendering the check,
draft, or electronic payment for an OHV registration if the
department of state determines a registration fee prescribed in
section 81113a has not been paid and remains unpaid after
reasonable notice or demand.
(3) If a fee is delinquent 15 days after the department of
state has given notice to a person who tendered the check, draft,
or electronic payment, a $25.00 penalty shall be assessed and
collected in addition to the fee.
(4) Except as otherwise provided in this part, the penalties
collected under this section shall be deposited in the general fund
and used first to defray the administrative costs of the department
of state required by the registration provisions of this part. Any
money not required for administration of the registration
provisions of this part shall be credited each year to the
recreational OHV trail improvement fund.
Sec. 81113c. The department of state may cancel, suspend,
revoke, or refuse to issue an OHV registration if any of the
following occur:
(a) The applicant has failed to furnish all required
information or reasonable additional information requested by the
department of state.
(b) The registration fee has not been paid.
(c) The applicant is not entitled to an OHV registration under
this part.
(d) The department of state issued the registration in error.
(e) The application contains a false or fraudulent statement.
(f) The department of state has reasonable grounds to believe
that the OHV was stolen or embezzled.
Sec. 81113d. Except as otherwise provided in this part,
revenue received from the registration fees under this part shall
be allocated as follows:
(a) Not more than $3.00 from each registration fee collected
shall be appropriated to the department of state for administration
of the registration provisions of this part. At the close of each
state fiscal year, any money appropriated under this subparagraph
but not expended shall be credited to the recreational OHV trail
improvement subaccount. Additionally, if less than $3.00 from each
registration fee is appropriated to the department of state, the
state treasurer shall transfer the difference between $3.00 and the
amount appropriated from each registration fee to the recreational
OHV trail improvement subaccount.
(b) Any money appropriated but not expended under this
subdivision shall be credited each year to the OHV registration fee
subaccount.
(c) The balance remaining of each registration fee shall be
deposited into the OHV registration fee subaccount for purposes of
section 81113e.
Sec. 81113e. (1) The department shall provide for an annual
program of financial assistance to county sheriff departments and
local law enforcement agencies for local OHV programs that shall
include enforcement of this part. A county sheriff department or
local law enforcement agency desiring to conduct a local OHV
program shall submit to the department by April 1 of each year an
estimate of authorized expenditures for the following calendar
year, in a form and containing the information which the department
requires. The department shall review the entire request and may
approve a request for financial assistance in part or in whole.
(2) The amount of financial assistance to be allocated to a
county sheriff department or local law enforcement agency under
this section shall be determined by the department based upon a
total lane mile formula for roads open for OHV use on April 1 of
each year. The department shall not include within the lane miles
of a county any lane miles included within a city, village, or
township that is also requesting and is eligible for financial
assistance under this section. The department shall distribute at
least 1/3 of the funds available in the registration fee subaccount
to county sheriffs and local law enforcement agencies as provided
by this section by May 15 of each year.
(3) Financial assistance allocated to a county sheriff
department or local law enforcement agency under this section shall
be used exclusively for the conduct of a local OHV program as
provided by this part and the rules promulgated under this part.
(4) County sheriff departments and local law enforcement
agencies that receive financial assistance under this section shall
maintain records of activities, expenditures, and in-kind
contributions and shall submit documentation and reports to the
department by deadlines, in a form, and containing information as
the department requires.
(5) The department shall post on its internet site and provide
through the mail if requested a detailed summary of all
disbursements made under this part. Information provided regarding
grants to private organizations for trail maintenance shall include
the amount of each disbursement, the name or description of the
trail or portion of the trail to be maintained under the
disbursement, and the name of the private organization receiving
the disbursement. Information regarding funds disbursed under this
section for OHV safety education shall include the name of each
recipient and the amount of each disbursement made to the
recipient. Information regarding funds distributed under this
section to a law enforcement agency shall include the name of the
law enforcement agency and the amount of each disbursement made to
that law enforcement agency.
(6) The department may promulgate rules to implement this
section.
Sec. 81113f. The OHV registration fee subaccount is created as
a subaccount of the OHV account.
Sec. 81113g. (1) The owner of an OHV having been issued a
certificate of registration for the OHV shall affix to the rear
half of the OHV the registration decal assigned to that OHV. The
registration decal shall be as prescribed by the department. The
registration decal shall include the registration expiration date
and the registration number and shall contain 2 letters and 4
numbers. The numbers shall contrast so as to be distinctly visible
and legible. A number other than the number awarded to the OHV on
the registration certificate, or granted reciprocity under this
part, shall not be attached or otherwise displayed on the OHV.
(2) Not earlier than 90 days before the expiration date of a
certificate, a registration decal or other device may be issued
indicating that the certificate of registration is in full force
and effect.
(3) A certificate of registration shall expire as provided in
section 81113a.
Sec. 81113h. (1) The owner of an OHV shall notify the
department of state within 15 days if the OHV is destroyed or
abandoned, or is sold, or an interest in the OHV is transferred
either wholly or in part to another person, or if the owner's
address no longer conforms to the address appearing on the
certificate of registration. The notice shall consist of a
surrender of the certificate of registration on which the proper
information shall be noted on a place to be provided. If the
certificate of registration is surrendered because the OHV was
destroyed or abandoned, the department of state shall cancel the
certificate of registration and enter the reason in the records of
the department of state, and the number may be then reassigned. The
department of state may destroy the record of a surrendered
certificate of registration beginning 10 years after its surrender.
(2) If the surrender of the certificate of registration is by
reason of a change of address on the part of the owner, the new
address shall be recorded by the department of state and a
certificate of registration bearing that information shall be
returned to the owner.
(3) The transferee of an OHV registered under this part,
within 15 days after acquiring the OHV, shall apply to the
department of state for issuance of a new certificate of
registration for the OHV, giving the previous registration number
of the OHV and proof of payment or satisfaction of any security
interest shown on the previous owner's certificate of registration
or department of state's records. The application shall include the
new owner's name, signature, and bona fide residence address and
the names and addresses of the holders of security interests in the
OHV and its accessories in the order of their priority, and shall
be accompanied by the fee prescribed in section 81113a. Upon
receipt of the application and fee, the department of state shall
issue a new certificate of registration for the OHV to the new
owner. Unless the application is made and the fee paid within 15
days of transfer of ownership, the OHV is without certificate of
registration, and a person shall not operate the OHV until a valid
certificate of registration is issued.
(4) If a certificate of registration is lost, mutilated, or
illegible, the owner of the OHV shall obtain a duplicate of the
certificate of registration upon application and payment of a fee
of $5.00.
(5) If a valid registration decal is lost, mutilated, or
illegible, the owner of the OHV may obtain a replacement
registration decal upon submission of proof of registration and
payment of a fee of $5.00.
Sec. 81114. (1) 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, shall be available 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 OHV 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. Fees collected under
this subsection on and after October 1, 2005 shall be credited to
the transportation administration collection fund created in
section 810b of the Michigan vehicle code, 1949 PA 300, MCL
257.810b.
(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 L.E.I.N.
policy council act of 1974, 1974 PA 163, MCL 28.211 to 28.216.
(4)
The secretary of state may purge a record of an ORV OHV
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. 81114a. (1) Except as provided in this section and in
section 81114c, personal information in a record maintained under
this part shall not be disclosed, unless the person requesting the
information furnishes proof of identity considered satisfactory to
the secretary of state and certifies that the personal information
requested will be used for a permissible purpose identified in this
section or in section 81114c. Notwithstanding this section, highly
restricted personal information shall be used and disclosed only as
expressly permitted by law.
(2) Personal information in a record maintained under this act
shall be disclosed by the secretary of state if required to carry
out the purposes of a specified federal law. As used in this
section, "specified federal law" means the automobile information
disclosure
act, Public Law 85-506, 15 U.S.C. USC 1231 to 1232 and
1233, the former motor vehicle information and cost savings act,
Public Law 92-513, the former national traffic and motor vehicle
safety act of 1966, Public Law 89-563, the anti-car theft act of
1992, Public Law 102-519, 106 Stat. 3384, the clean air act,
chapter
360, 69 Stat. 322, 42 U.S.C. USC
7401 to 7431, 7470 to
7479, 7491 to 7492, 7501 to 7509a, 7511 to 7515, 7521 to 7525, 7541
to 7545, 7547 to 7550, 7552 to 7554, 7571 to 7574, 7581 to 7590,
7601 to 7612, 7614 to 7617, 7619 to 7622, 7624 to 7627, 7641 to
7642, 7651 to 7651o, 7661 to 7661f, and 7671 to 7671q, and all
federal regulations promulgated to implement these federal laws.
(3) Personal information in a record maintained under this
part may be disclosed as follows:
(a) For use by any government agency, including any court or
law enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a government agency in
carrying out its functions.
(b)
For use in connection with matters of ORV OHV and operator
safety
or ORV OHV theft; ORV OHV emissions; ORV OHV product
alterations,
recalls, or advisories; performance monitoring of ORVs
OHVs; ORV OHV research activities,
including survey research; and
the
removal of nonowner records from the original records of ORV
OHV manufacturers.
(c) For use in the normal course of business by a business or
its agents, employees, or contractors to verify the accuracy of
personal information submitted by an individual to the business or
its agents, employees, or contractors, and if the information as
submitted is not correct or is no longer correct, to obtain the
correct information, but only for the purposes of preventing fraud,
by pursuing legal remedies against, or recovering on a debt or
security interest against, the individual.
(d) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any court or government
agency or before any self-regulatory body, including the service of
process, investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or pursuant to an
order of any court, administrative agency, or self-regulatory body.
(e) For use in legitimate research activities and in preparing
statistical reports for commercial, scholarly, or academic purposes
by a bona fide research organization, so long as the personal
information is not published, redisclosed, or used to contact
individuals.
(f) For use by any insurer, self-insurer, or insurance support
organization, or its agents, employees, or contractors, in
connection with claims investigation activities, antifraud
activities, rating, or underwriting.
(g) For use in providing notice to the owner of an abandoned,
towed,
or impounded ORV OHV.
(h) For use by any licensed private security guard agency or
alarm system contractor licensed under the private security guard
act of 1968, 1968 PA 330, MCL 338.1051 to 338.1085, or a private
detective or private investigator licensed under the private
detective license act of 1965, 1965 PA 285, MCL 338.821 to 338.851,
for any purpose permitted under this section.
(i)
For use by an ORV OHV rental business, or its employees,
agents, contractors, or service firms, for the purpose of making
rental decisions.
(j) For use by a news medium in the preparation and
dissemination of a report related in part or in whole to the
operation of a motor vehicle or public safety. "News medium"
includes a newspaper, a magazine or periodical published at regular
intervals, a news service, a broadcast network, a television
station, a radio station, a cablecaster, or an entity employed by
any of the foregoing.
(k) For any use by an individual requesting information
pertaining to himself or herself or requesting in writing that the
secretary of state provide information pertaining to himself or
herself to the individual's designee. A request for disclosure to a
designee, however, may be submitted only by the individual.
Sec. 81114c. (1) Upon request, the secretary of state may
furnish a list of information from the records of the department
maintained under this part to a federal, state, or local
governmental agency for use in carrying out the agency's functions,
or to a private person or entity acting on behalf of a governmental
agency for use in carrying out the agency's functions. Unless
otherwise prohibited by law, the secretary of state may charge the
requesting agency a preparation fee to cover the cost of preparing
and furnishing a list provided under this subsection if the cost of
preparation exceeds $25.00, and use the revenues received from the
service to defray necessary expenses. If the secretary of state
sells a list of information under this subsection to a member of
the state legislature, the secretary of state shall charge the same
fee as the fee for the sale of information under subsection (2)
unless the list of information is requested by the member of the
legislature to carry out a legislative function. The secretary of
state may require the requesting agency to furnish 1 or more blank
computer tapes, cartridges, or other electronic media, and may
require the agency to execute a written memorandum of agreement as
a condition of obtaining a list of information under this
subsection.
(2) The secretary of state may contract for the sale of lists
of records maintained under this part in bulk, in addition to those
lists distributed at cost or at no cost under this section, for
purposes defined in section 81114a(3). The secretary of state shall
require each purchaser of information in bulk to execute a written
purchase contract. The secretary of state shall fix a market-based
price for the sale of lists of bulk information, which may include
personal information. The proceeds from each sale shall be used by
the secretary of state to defray the costs of list preparation and
for other necessary or related expenses.
(3) The secretary of state or any other state agency shall not
sell or furnish any list of information under subsection (2) for
the purpose of surveys, marketing, and solicitations. The secretary
of state shall ensure that personal information disclosed in bulk
will be used, rented, or sold solely for uses permitted under this
part.
(4) The secretary of state may insert any safeguard the
secretary considers reasonable or necessary, including a bond
requirement, in a memorandum of agreement or purchase contract
executed under this section, to ensure that the information
furnished or sold is used only for a permissible use and that the
rights of individuals and of the secretary of state are protected.
(5) An authorized recipient of personal information disclosed
under this section who resells or rediscloses the information for
any of the permissible purposes described in section 81114a(3)
shall do both of the following:
(a) Make and keep for a period of not less than 5 years
records identifying each person who received personal information
from the authorized recipient and the permitted purpose for which
it was obtained.
(b) Allow a representative of the secretary of state, upon
request, to inspect and copy records identifying each person who
received personal information from the authorized recipient and the
permitted purpose for which it was obtained.
(6) The secretary of state shall not disclose a list based on
ORV
OHV operation or sanctions to a nongovernmental agency,
including an individual.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No._____ or House Bill No. 6160(request no.
06837'10).
(b) Senate Bill No._____ or House Bill No. 6161(request no.
06838'10).
(c) Senate Bill No._____ or House Bill No. 6162(request no.
06839'10).