HB-4299, As Passed House, September 18, 2013HB-4299, As Passed Senate, September 18, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4299

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 81131 (MCL 324.81131), as amended by 2011 PA

107.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 81131. (1) A municipality may pass an ordinance allowing

a permanently disabled person to operate an ORV in that

municipality.

     (2) Subject to subsection (4), the a county board of

commissioners of an eligible county may adopt an ordinance

authorizing the operation of ORVs on the maintained portion of 1 or

more county roads located within the county. Not less than 45 days

before a public hearing on the ordinance, the county clerk shall

send notice of the public hearing, by certified mail, to the county

road commission, to the legislative body of each township and

House Bill No. 4299 (S-2) as amended September 12, 2013

municipality located within the county, to the state transportation

department if the road intersects a highway, and, if state

forestland is located within the county, to the department. If the

county is a southern county, before adopting an ordinance under

this subsection, the county board of commissioners shall consult

with the board of county road commissioners.

     (3) Subject to subsection (4), the township board of a

township located in an eligible county the legislative body of a

township or municipality may adopt an ordinance authorizing the

operation of ORVs on [the maintained portion of] 1 or more county

roads located within the township or municipality, respectively.

Not less than 28 days before a public hearing on the ordinance, the

township clerk of the township or municipality shall send notice of

the public hearing, by certified mail, to the county road

commission, to the county board of commissioners, to the

legislative body of every other township and municipality located

within the county, to the state transportation department if the

road intersects a highway, and, if state forestland is located

within the township or municipality, to the department. If the

township or municipality is located in a southern county, before

adopting an ordinance under this subsection, the legislative body

of the township or municipality shall consult with the board of

county road commissioners. This subsection does not apply to a

township or municipality until 1 year after the effective date of

the amendatory act that first defined eligible county so as to

include authorized the county in which that township or

municipality is located to adopt an ordinance under subsection (2).

House Bill No. 4299 (S-2) as amended September 12, 2013

     (4) The board of county road commissioners may close a county

road to the operation of ORVs under otherwise authorized pursuant

to subsection (2) or (3) [to protect the environment or if the

operation of ORVs under subsection (2) or (3) poses a particular

and demonstrable threat to public safety..] A county road commission

shall not under this subsection close more than 30% of the linear

miles of county roads located within the county to the operation of

ORVs under otherwise authorized pursuant to subsection (2) or (3).

The legislative body of a township board of a township located in

an eligible county or municipality may adopt an ordinance to close

a county road located in the township or municipality to the

operation of ORVs under otherwise authorized pursuant to subsection

(2). The legislative body of a village may adopt an ordinance to

close a county road located in the village to the operation of ORVs

otherwise authorized by the township pursuant to subsection (3). [A

county road may be closed to the operation of ORVs under this

subsection only to protect the environment or if the operation of ORVs poses a particular and demonstrable threat to public safety.]

     (5) The legislative body of a municipality located in an

eligible county may adopt an ordinance authorizing the operation of

ORVs on the maintained portion of 1 or more streets within the

municipality.

     (6) The legislative body of a local unit of government may

request the state transportation department to authorize the local

unit of government to adopt an ordinance authorizing the operation

of ORVs on a highway, other than an interstate highway, located

within the local unit of government. The request shall describe how

the authorization would meet the requirements of subsection (7).

The state transportation department shall solicit comment on the

request from the department, ORV clubs, and local units of

government where the highway is located. The state transportation

department shall consider comments received on the request before

making a decision on the request. The state transportation

department shall grant the request in whole or in part or deny the

request not more than 60 days after the request is received. If the

state transportation department grants a request in whole or in

part under this subsection, the local unit of government that

submitted the request may adopt an ordinance authorizing the

operation of ORVs on the highway that was the subject of the

request. A county may submit a request for authorization under this

subsection on behalf of 1 or more local units of government located

within that county if requested by those local units of government.

Before January 1, 2015, the state transportation department may

authorize the operation of ORVs on a highway as provided in this

subsection and subsection (7) on the department's initiative and

without having received a request from a local unit of government.

     (7) The state transportation department shall authorize

operation of an ORV under subsection (6) only on a highway that is

not an interstate highway and that meets 1 or more of the following

requirements:

     (a) Serves as a connector between ORV areas, routes, or trails

designated by the department or an ORV user group.

     (b) Provides access to tourist attractions, food service

establishments, fuel, motels, or other services.

     (c) Serves as a connector between 2 segments of the same

county road that run along discontinuous town lines and on which

ORV use is authorized pursuant to subsection (2) or (3).

House Bill No. 4299 (S-2) as amended September 12, 2013

     (d) Includes a bridge or culvert that allows an ORV to cross a

river, stream, wetland, or gully that is not crossed by a street or

county road on which ORVs are authorized to operate under

subsection (2), (3), or (5).

     (8) The state transportation department may close a highway to

the operation of ORVs otherwise authorized pursuant to subsection

(6) after written notice to the clerk of each local unit of

government where the highway is located and the senate and house

committees with primary responsibility for natural resources,

recreation, and transportation. The notice shall be in writing and

sent by first-class United States mail or personally delivered not

less than 30 days before the adoption of the rule or order closing

the highway. The notice shall set forth specific reasons for the

closure.

(9) (6) Subject to subsection (4), if a local unit of

government adopts an ordinance pursuant to subsection (2), (3), or

(5), a person may operate an ORV with the flow of traffic on the

far right of the maintained portion of the road or street or county

road covered by the ordinance. If the operation of ORVs on a

[ ] highway is authorized pursuant to subsection (6), a

person may operate an ORV with the flow of traffic as follows:

     (a) On the right shoulder of the highway.

     (b) If there is not a right shoulder or the right shoulder is

not of adequate width, on the right unmaintained portion of the

highway.

     (c) On the far right of the right traffic lane of the highway,

if necessary to cross a bridge or culvert and if the operator

brings the ORV to a complete stop before entering and yields the

right-of-way to an approaching vehicle on that traffic lane.

     (10) A person shall not operate an ORV as authorized pursuant

to subsection (2), (3), or (5), or (6) at a speed greater than 25

miles per hour or a lower posted ORV speed limit or in a manner

that interferes with traffic on the road or street, county road, or

highway.

(11) (7) Unless the person possesses a license as defined in

section 25 of the Michigan vehicle code, 1949 PA 300, MCL 257.25, a

person shall not operate an ORV as authorized pursuant to

subsection (2), (3), or (5), or (6) if the ORV is registered as a

motor vehicle under chapter II of the Michigan vehicle code, 1949

PA 300, MCL 257.201 to 257.259, and either is more than 60 65

inches wide or has 3 wheels. ORVs operated as authorized pursuant

to subsection (2), (3), or (5), or (6) shall travel single file,

except that an ORV may travel abreast of another ORV when it is

overtaking and passing, or being overtaken and passed by, another

ORV.

(12) (8) A person shall not operate an ORV as authorized

pursuant to this section without displaying a lighted headlight and

lighted taillight.

(13) (9) A person under 18 years of age shall not operate an

ORV as authorized pursuant to this section unless the person is in

possession of a valid driver license or under the direct

supervision of a parent or guardian and the person has in his or

her immediate possession an ORV safety certificate issued pursuant

to this part or a comparable ORV safety certificate issued under

House Bill No. 4299 (S-2) as amended September 12, 2013

the authority of another state or a province of Canada. A person

under 12 years of age shall not operate an ORV as authorized

pursuant to this section. The requirements of this subsection are

in addition to any applicable requirements of section 81129.

(14) (10) A township that has authorized the operation of ORVs

on a county road under subsection (3) does not have a duty to

maintain [the maintained portion or unmaintained portion of] the county

road in a condition reasonably safe and

convenient for the operation of ORVs. This state does not have a

duty to maintain a highway in [reasonable repair so that it is]

 reasonably safe and

convenient for the operation of ORVs [except ORVs registered and operated

 as motor vehicles as provided in the code]. A board of county road

commissioners, a county board of commissioners, or a municipality

does not have a duty to maintain [THE MAINTAINED PORTION OR UNMAINTAINED

 PORTION OF] a county road or street under its

jurisdiction in a condition reasonably safe and convenient for the

operation of ORVs, except the following ORVs:

     (a) ORVs registered [and operated] as motor vehicles as provided in

the code.

     (b) ORVs permitted by an ordinance as provided in operated as

authorized pursuant to subsection (1).

(15) (11) Beginning October 19, 1993, [Subject to section 5 of

1964 PA 170, MCL 691.1405, this] state, a board of

county road commissioners, a county board of commissioners, [and a

county, are, and , beginning on April 25, 1995, a municipality is, and

a local unit of government]

are immune from tort liability for injuries or damages sustained by

any person arising in any way out of the operation or use[, on the

 maintained portion or unmaintained portion of a highway, road, or street,] of an ORV

on maintained or unmaintained roads, streets, shoulders, and

rights-of-way over which the board of county road commissioners,

the county board of commissioners, or the municipality has

jurisdiction. that is not registered under the code or that is

registered under the code but is operated as authorized pursuant to

House Bill No. 4299 (S-2) as amended September 12, 2013

subsection (2), (3), (5), or (6). The immunity provided by this

subsection does not apply to actions [OF AN EMPLOYEE OF THIS STATE, AN

 EMPLOYEE OF A BOARD OF COUNTY ROAD COMMISSIONERS, AN EMPLOYEE OF A COUNTY BOARD OF COMMISSIONERS, OR AN EMPLOYEE OF A LOCAL UNIT OF GOVERNMENT] that constitute gross

negligence. As used in this subsection, "gross negligence" means

conduct so reckless as to demonstrate a substantial lack of concern

for whether an injury results.

(16) (12) In a court action in this state, if competent

evidence demonstrates that a vehicle that is permitted to operate

on a road, or street, or highway pursuant to the code was in a

collision on a roadway with an ORV required to be operated on the

far right of the maintained portion of a road or street pursuant to

an ordinance adopted under subsection (2), (3), or (5), that is not

registered under the code, the operator of the ORV shall be

considered prima facie negligent.

(17) (13) A violation of an ordinance described in this

section is a municipal civil infraction. The ordinance may provide

for a maximum fine of not more than $500.00 for a violation of the

ordinance. In addition, the court shall order the defendant to pay

the cost of repairing any damage to the environment, a road or

street, county road, or highway, or public property damaged as a

result of the violation.

(18) (14) The treasurer of the local unit of government shall

deposit fines collected by that local unit of government under

section 8379 of the revised judicature act of 1961, 1961 PA 236,

MCL 600.8379, and subsection (13) (17) and damages collected under

subsection (13) (17) into a fund to be designated as the "ORV

fund". The legislative body of the local unit of government shall

appropriate revenue in the ORV fund as follows:

     (a) Fifty percent to the county sheriff or police department

responsible for law enforcement in the local unit of government for

ORV enforcement and training.

     (b) Fifty percent to the board of county road commissioners

or, in the case of a city or village, to the department responsible

for street maintenance in the city or village. , However, if a fine

was collected for a violation of an ordinance adopted under

subsection (6), 50% of the fine revenue shall be appropriated to

the state transportation department. Revenue appropriated under

this subdivision shall be used for repairing damage to roads or

streets, county roads, or highways and the environment that may

have been caused by ORVs and for posting signs indicating ORV speed

limits or indicating whether roads or streets, county roads, or

highways are open or closed to the operation of ORVs under this

section.

     (15) As used in this section:

     (a) "Eligible county" means any of the following:

     (i) Oceana, Newaygo, Montcalm, Gratiot, Saginaw, Tuscola, or

Sanilac county or a county lying north thereof, including all of

the counties of the Upper Peninsula.

     (ii) St. Clair county.

     (b) "Local unit of government" means a county, township, or

municipality.

     (c) "Municipality" means a city or village.

     (d) "Road" means a county primary road or county local road as

described in section 5 of 1951 PA 51, MCL 247.655.

     (e) "Street" means a city or village major street or city or

village local street as described in section 9 of 1951 PA 51, MCL

247.659.

     (19) A person who violates a rule promulgated or order issued

under subsection (6) is responsible for a state civil infraction

and may be ordered to pay a civil fine of not more than $500.00. In

addition, the court shall order the defendant to pay the cost of

repairing any damage to the environment, a highway, or public

property as a result of the violation.