May 9, 2012, Introduced by Rep. Huuki and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 71108, 81101, and 81102 (MCL 324.71108,
324.81101, and 324.81102), section 71108 as amended by 2004 PA 587,
section 81101 as amended by 2009 PA 200, and section 81102 as added
by 1995 PA 58.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
(2) Money in the recreation improvement account shall be
distributed as follows:
Eighty Seventy 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) Ten percent of the money shall be annually transferred to
the off-road vehicle account.
The remainder of the money that is
subdivisions (a), (b), and
(b) (c) 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 vehicles.
Sec. 81101. As used in this part:
(a) "ATV" means a 3-, 4-, or 6-wheeled vehicle designed for
off-road 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 as a regular business or, for purposes of selling
trail permits 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) "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
(viii) A law enforcement officer who is certified under the
commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616, while performing his or her duties within his or
"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.
"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.
means a designated path or way capable
of travel only by a vehicle less than 50 inches in width.
"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.
"Highly restricted personal
information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
"Late model ORV" means an
ORV manufactured in the
current model year or the 5 model years immediately preceding the
current model year.
"Manufacturer" means a
corporation, or association engaged in the production and
manufacture of ORVs as a regular business.
( l ) "Off-road
vehicle account" means the off-road vehicle
account of the Michigan conservation and recreation legacy fund
established in section 2015.
"Operate" means to ride
in or on, and be in actual
physical control of, the operation of an ORV.
"Operator" means a person
who operates or is in actual
physical control of the operation of an ORV.
"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
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.
(q) "Other route" means a linear route capable of sustaining
ORV traffic up to 72 inches in width that is not a highway or
forest road. Other route 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.
"Owner" means any of the
(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.
disabilities" means a person who has 1 or
more of the following physical characteristics:
(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
(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.
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-
"Public agency" means the
department or a local or
federal unit of government.
"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.
"Route" means a forest
road or other road route that
is designated for purposes of this part by the department.
"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 ORV types.
(y) "Vendor" means a person authorized by the department to
sell trail permits.
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
registered under part 801 is exempt from the
trail permit provisions of this part, unless the vehicle is
operated as an ORV off highways, roadways, streets, and forest
(2) An ORV operated solely on private property by the owner of
the property, a family member of the owner, or an invited guest of
owner is exempt from the
licensure trail permit provisions of
Enacting section 1. This amendatory act takes effect October
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. _____ or House Bill No. 5615(request no.
(b) Senate Bill No. _____ or House Bill No. 5613(request no.
03046'11 b *).
(c) Senate Bill No. _____ or House Bill No. 5612(request no.
03046'11 c *).