Senate Introduced Bill B01435

SENATE BILL No. 1435

November 28, 2000, Introduced by Senator BULLARD and referred to the Committee on Transportation and Tourism.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 82103, 82105, 82106, and 82116 (MCL

324.82103, 324.82105, 324.82106, and 324.82116), sections 82105

and 82106 as amended by 1998 PA 297, and by adding sections

82103a, 82103b, 83103c, 82103d, 82103e, 82103f, 82103g, 82103h,

82103i, 82103j, 82103k, 82103l, and 82116a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 82103. (1) Except as otherwise provided, a snowmobile

2 shall not be operated unless the owner first MAKES APPLICATION

3 FOR A CERTIFICATE OF TITLE AND obtains a certificate of registra-

4 tion and a registration decal. The APPLICATION FOR A CERTIFICATE

5 OF TITLE SHALL BE MADE AND A certificate of registration shall be

6 secured at the time of purchase or transfer of ownership. A

7 certificate of registration or a registration decal is not

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1 required for a snowmobile operated exclusively on lands owned or

2 under the control of the snowmobile owner or for a snowmobile

3 used entirely in a safety education and training program con-

4 ducted by a certified snowmobile safety instructor and authorized

5 ~~pursuant to~~ UNDER section 82108 OR FOR A SNOWMOBILE REGISTERED

6 IN ANOTHER STATE AND USED TEMPORARILY IN THIS STATE FOR NOT MORE

7 THAN 60 DAYS.

8 (2) A person who ~~is convicted of a violation of~~ VIOLATES

9 this section ~~shall be fined~~ IS SUBJECT TO A CIVIL FINE OF not

10 more than $50.00 PLUS COSTS.

11 SEC. 82103A. (1) AFTER JULY 1, 2001, EACH SNOWMOBILE SOLD

12 BY A DEALER TO A RETAIL PURCHASER IS SUBJECT TO THE CERTIFICATE

13 OF TILE PROVISIONS OF THIS PART.

14 (2) AFTER JULY 1, 2001, A PERSON WHO PURCHASES OR OTHERWISE

15 ACQUIRES A NEW OR USED SNOWMOBILE SHALL MAKE APPLICATION FOR A

16 CERTIFICATE OF TITLE AS PROVIDED IN THIS PART.

17 (3) AFTER JULY 1, 2001, THE OWNER OF A SNOWMOBILE THAT HAS

18 NOT BEEN TITLED UNDER SUBSECTION (1) OR (2) MAY APPLY FOR AND, IF

19 OTHERWISE ELIGIBLE, RECEIVE A CERTIFICATE OF TITLE ISSUED UNDER

20 THIS PART.

21 SEC. 82103B. AFTER A SNOWMOBILE HAS BEEN TITLED UNDER THIS

22 PART, BOTH OF THE FOLLOWING SHALL OCCUR:

23 (A) THE OWNER SHALL NOT SELL OR OTHERWISE ASSIGN OWNERSHIP

24 IN THE SNOWMOBILE WITHOUT DELIVERING TO THE TRANSFEREE A CERTIFI-

25 CATE OF TITLE SHOWING ASSIGNMENT OF THE SNOWMOBILE IN THE

26 TRANSFEREE'S NAME.

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1 (B) A PERSON SHALL NOT PURCHASE OR OTHERWISE ACQUIRE A

2 SNOWMOBILE WITHOUT OBTAINING A CERTIFICATE OF TITLE FOR THE

3 SNOWMOBILE IN THE MANNER PROVIDED IN THIS PART.

4 SEC. 82103C. (1) A MANUFACTURER, IMPORTER, DEALER, OR OTHER

5 PERSON SHALL NOT SELL OR OTHERWISE TRANSFER A NEW SNOWMOBILE TO A

6 DEALER, TO BE USED BY THE DEALER FOR PURPOSES OF DISPLAY AND

7 RESALE, WITHOUT DELIVERING TO THE DEALER A MANUFACTURER'S CERTIF-

8 ICATE OF ORIGIN EXECUTED IN ACCORDANCE WITH THIS SECTION. A

9 DEALER SHALL NOT PURCHASE OR OTHERWISE ACQUIRE A NEW SNOWMOBILE

10 WITHOUT OBTAINING A MANUFACTURER'S CERTIFICATE OF ORIGIN.

11 (2) A MANUFACTURER'S CERTIFICATE OF ORIGIN SHALL CONTAIN THE

12 FOLLOWING INFORMATION:

13 (A) A DESCRIPTION OF THE SNOWMOBILE, INCLUDING YEAR, MAKE,

14 MODEL OR SERIES, AND VEHICLE IDENTIFICATION NUMBER.

15 (B) CERTIFICATION OF THE DATE OF THE SNOWMOBILE'S TRANSFER

16 TO THE DEALER.

17 (C) THE DEALER'S NAME AND ADDRESS.

18 (D) CERTIFICATION THAT THIS TRANSACTION IS THE FIRST TRANS-

19 FER OF THE NEW SNOWMOBILE IN ORDINARY COMMERCE.

20 (E) THE TRANSFEROR'S SIGNATURE AND ADDRESS.

21 (3) AN ASSIGNMENT OF A MANUFACTURER'S CERTIFICATE OF ORIGIN

22 SHALL BE PRINTED ON THE CERTIFICATE. THE ASSIGNMENT SHALL

23 INCLUDE THE NAME AND ADDRESS OF THE TRANSFEREE, A CERTIFICATION

24 THAT THE SNOWMOBILE IS NEW, AND A WARRANTY THAT THE TRANSFEROR'S

25 OWNERSHIP RIGHTS AT THE TIME OF DELIVERY ARE SUBJECT ONLY TO THE

26 SECURED INTERESTS SET FORTH IN THE ASSIGNMENT.

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1 SEC. 82103D. AN APPLICATION FOR A SNOWMOBILE CERTIFICATE OF

2 TITLE SHALL BE AS PRESCRIBED BY THE DEPARTMENT OF STATE AND

3 ACCOMPANIED BY THE REQUIRED FEES. THE APPLICATION SHALL BE CER-

4 TIFIED BY THE OWNER OR PURCHASER AND SHALL CONTAIN, IN ADDITION

5 TO OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF STATE, THE

6 FOLLOWING INFORMATION:

7 (A) THE APPLICANT'S NAME AND BONA FIDE RESIDENCE ADDRESS OF

8 THE OWNER OR BUSINESS ADDRESS OF A FIRM, ASSOCIATION, OR

9 CORPORATION.

10 (B) A STATEMENT OF ANY SECURITY INTEREST OR OTHER LIENS ON

11 THE SNOWMOBILE, ALONG WITH THE NAME AND ADDRESS OF ANY

12 LIENHOLDER.

13 (C) IF A LIEN IS NOT OUTSTANDING, A STATEMENT OF THAT FACT.

14 (D) A DESCRIPTION OF THE SNOWMOBILE, INCLUDING THE YEAR,

15 MAKE, MODEL OR SERIES, AND VEHICLE IDENTIFICATION NUMBER.

16 SEC. 82103E. (1) EXCEPT AS PROVIDED IN SUBSECTION (2), THE

17 PURCHASER OR TRANSFEREE OF A SNOWMOBILE, WITHIN 15 DAYS AFTER THE

18 DATE OF PURCHASE OR TRANSFER, SHALL MAKE APPLICATION TO THE

19 DEPARTMENT OF STATE FOR ISSUANCE OF A CERTIFICATE OF TITLE FOR

20 THE SNOWMOBILE.

21 (2) A DEALER SELLING SNOWMOBILES AT RETAIL, WITHIN 15 DAYS

22 AFTER DELIVERING A SNOWMOBILE TO A RETAIL PURCHASER, SHALL MAKE

23 APPLICATION FOR ISSUANCE OF A SNOWMOBILE CERTIFICATE OF TITLE IN

24 THE PURCHASER'S NAME. THE PURCHASER OF THE SNOWMOBILE SHALL SIGN

25 THE APPLICATION AND OTHER PAPERS NECESSARY TO ENABLE THE DEALER

26 TO SECURE THE TITLE FROM THE DEPARTMENT OF STATE. IF THE

27 SNOWMOBILE WAS MANUFACTURED AFTER JULY 1, 2001, AND WAS NOT

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1 PREVIOUSLY TITLED, THE APPLICATION SHALL BE ACCOMPANIED BY A

2 MANUFACTURER'S CERTIFICATE OF ORIGIN.

3 (3) AT THE REQUEST OF AN APPLICANT, THE DEPARTMENT OF STATE

4 SHALL PROCESS AN APPLICATION FOR A SNOWMOBILE CERTIFICATE OF

5 TITLE ON AN EXPEDITED BASIS. THE DEPARTMENT OF STATE MAY CHOOSE

6 ANY METHOD TO EXPEDITE A CERTIFICATE OF TITLE.

7 (4) AN APPLICATION FILED WITH THE DEPARTMENT OF STATE UNDER

8 THIS SECTION SHALL BE ACCOMPANIED BY THE FEE OR FEES PRESCRIBED

9 IN SECTION 82103F.

10 (5) BEGINNING JULY 1, 2001, A PERSON WHO VIOLATES THIS SEC-

11 TION IS SUBJECT TO A CIVIL FINE OF NOT MORE THAN $100.00 PLUS

12 COSTS.

13 SEC. 82103F. (1) THE DEPARTMENT OF STATE SHALL CHARGE A FEE

14 OF $15.00 FOR PROCESSING AN APPLICATION FOR A SNOWMOBILE CERTIFI-

15 CATE OF TITLE OR A DUPLICATE SNOWMOBILE CERTIFICATE OF TITLE.

16 THE DEPARTMENT OF STATE SHALL CHARGE ADDITIONAL FEES FOR A SNOW-

17 MOBILE CERTIFICATE OF TITLE AS FOLLOWS:

18 (A) FOR PROCESSING AN APPLICATION ON AN EXPEDITED BASIS UPON

19 THE REQUEST OF THE TRANSFEROR OR TRANSFEREE OR ANYONE WHO SEEKS

20 AN EXPEDITED TITLE TRANSACTION FOR THE TRANSFEROR OR TRANSFEREE,

21 A CHARGE OF $5.00 PLUS ANY EXPEDITED MAILING OR DELIVERY COSTS.

22 (B) IF AN APPLICATION FOR A SNOWMOBILE CERTIFICATE OF TITLE

23 IS NOT MADE AND THE FEE PAID WITHIN 15 DAYS AS PROVIDED IN SEC-

24 TION 82103E, A TRANSFER OF THE SNOWMOBILE'S OWNERSHIP MAY BE

25 EFFECTED AND A VALID CERTIFICATE OF TITLE ISSUED BY THE DEPART-

26 MENT OF STATE ONLY UPON PAYMENT OF A LATE TRANSFER FEE OF

27 $15.00.

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1 (2) THE DEPARTMENT OF STATE SHALL CHARGE A FEE OF $22.00 FOR

2 PROCESSING AN APPLICATION FOR A SNOWMOBILE REGISTRATION UNDER

3 SECTION 82105.

4 (3) THE DEPARTMENT OF STATE SHALL CHARGE A FEE OF $10.00 FOR

5 A VEHICLE NUMBER REPLACED ON OR ASSIGNED TO A SNOWMOBILE BY THE

6 DEPARTMENT OF STATE UNDER SECTION 82116A.

7 (4) IF A CHECK OR DRAFT IN PAYMENT OF A REQUIRED FEE IS NOT

8 PAID ON ITS FIRST PRESENTATION, THE FEE IS DELINQUENT AS OF THE

9 DATE THE CHECK OR DRAFT WAS TENDERED. THE PERSON TENDERING THE

10 CHECK OR DRAFT REMAINS LIABLE FOR THE PAYMENT OF EACH FEE AND ANY

11 PENALTY.

12 (5) THE DEPARTMENT OF STATE MAY SUSPEND THE OPERATOR'S OR

13 CHAUFFEUR'S LICENSE ISSUED UNDER THE MICHIGAN VEHICLE CODE, 1949

14 PA 300, MCL 257.1 TO 257.923, OF THE PERSON TENDERING THE CHECK

15 OR DRAFT FOR A SNOWMOBILE CERTIFICATE OF TITLE OR ITS REGISTRA-

16 TION IF THE DEPARTMENT OF STATE HAS DETERMINED THAT A FEE PRE-

17 SCRIBED IN THIS SECTION HAS NOT BEEN PAID AND REMAINS UNPAID

18 AFTER REASONABLE NOTICE OR DEMAND.

19 (6) IF A FEE IS STILL DELINQUENT 15 DAYS AFTER THE DEPART-

20 MENT OF STATE HAS GIVEN NOTICE TO A PERSON WHO TENDERED THE CHECK

21 OR DRAFT, A $25.00 PENALTY SHALL BE ASSESSED AND COLLECTED IN

22 ADDITION TO THE FEE.

23 (7) EXCEPT AS OTHERWISE PROVIDED IN THIS PART, THE TITLE

24 FEES AND PENALTIES COLLECTED UNDER THIS SECTION SHALL BE DEPOS-

25 ITED IN THE GENERAL FUND AND USED FIRST TO DEFRAY THE ADMINISTRA-

26 TIVE COSTS OF THE DEPARTMENT OF STATE REQUIRED BY THE TITLE

27 PROVISIONS OF THIS PART. ANY MONEY NOT REQUIRED FOR

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1 ADMINISTRATION OF THE TITLE PROVISIONS OF THIS PART SHALL BE

2 CREDITED EACH YEAR TO THE RECREATIONAL SNOWMOBILE TRAIL IMPROVE-

3 MENT FUND.

4 SEC. 82103G. (1) THE DEPARTMENT OF STATE MAY REFUSE TO

5 ISSUE A SNOWMOBILE CERTIFICATE OF TITLE IF ANY OF THE FOLLOWING

6 OCCUR:

7 (A) THE APPLICANT HAS FAILED TO FURNISH ALL REQUIRED INFOR-

8 MATION OR REASONABLE ADDITIONAL INFORMATION REQUESTED BY THE

9 DEPARTMENT OF STATE.

10 (B) THE REQUIRED FEES HAVE NOT BEEN PAID.

11 (C) THE APPLICANT IS NOT ENTITLED TO A SNOWMOBILE CERTIFI-

12 CATE OF TITLE UNDER THIS PART.

13 (D) THE APPLICATION CONTAINS A FALSE OR FRAUDULENT

14 STATEMENT.

15 (E) THE DEPARTMENT OF STATE HAS REASONABLE GROUNDS TO

16 BELIEVE THAT THE SNOWMOBILE WAS STOLEN OR EMBEZZLED.

17 (2) IF SATISFIED THAT THE APPLICANT IS THE OWNER OF THE

18 SNOWMOBILE AND IS OTHERWISE ENTITLED TO A SNOWMOBILE CERTIFICATE

19 OF TITLE, THE DEPARTMENT OF STATE SHALL ISSUE A SNOWMOBILE CER-

20 TIFICATE OF TITLE IN THE APPLICANT'S NAME. THE CERTIFICATE SHALL

21 BE MAILED OR OTHERWISE DELIVERED TO THE OWNER OF THE SNOWMOBILE

22 OR TO ANOTHER PERSON SPECIFIED BY THE OWNER IN A SEPARATE INSTRU-

23 MENT THAT IS IN A FORM PRESCRIBED BY THE DEPARTMENT OF STATE.

24 (3) IF THE DEPARTMENT OF STATE IS NOT SATISFIED AS TO THE

25 OWNERSHIP OF A SNOWMOBILE THAT IS LESS THAN 6 YEARS OLD AND WHOSE

26 VALUE IS OVER $2,500.00, BEFORE TITLING THE SNOWMOBILE AND

27 ISSUING A CERTIFICATE OF TITLE, THE DEPARTMENT OF STATE MAY

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1 REQUIRE THE APPLICANT TO FILE A PROPERLY EXECUTED SURETY BOND IN

2 A FORM PRESCRIBED BY THE DEPARTMENT OF STATE AND EXECUTED BY THE

3 APPLICANT AND A COMPANY AUTHORIZED TO CONDUCT A SURETY BUSINESS

4 IN THIS STATE. THE BOND SHALL BE IN AN AMOUNT EQUAL TO TWICE THE

5 VALUE OF THE SNOWMOBILE AS DETERMINED BY THE DEPARTMENT OF STATE

6 AND SHALL BE CONDITIONED TO INDEMNIFY OR REIMBURSE THE DEPARTMENT

7 OF STATE, ANY PRIOR OWNER, AND ANY SUBSEQUENT PURCHASER OF THE

8 SNOWMOBILE AND THEIR SUCCESSORS IN INTEREST AGAINST ANY EXPENSE,

9 LOSS, OR DAMAGE, INCLUDING REASONABLE ATTORNEY FEES, BY REASON OF

10 THE ISSUANCE OF A CERTIFICATE OF TITLE TO THE SNOWMOBILE OR ON

11 ACCOUNT OF ANY DEFECT IN THE RIGHT, TITLE, OR INTEREST OF THE

12 APPLICANT IN THE SNOWMOBILE. AN INTERESTED PERSON HAS A RIGHT OF

13 ACTION TO RECOVER ON THE BOND FOR A BREACH OF THE CONDITIONS OF

14 THE BOND, BUT THE AGGREGATE LIABILITY OF THE SURETY TO ALL PER-

15 SONS SHALL NOT EXCEED THE AMOUNT OF THE BOND. THE BOND SHALL BE

16 RETURNED AT THE END OF 3 YEARS, OR BEFORE 3 YEARS IF THE SNOWMO-

17 BILE IS NO LONGER TITLED IN THIS STATE AND THE CURRENTLY VALID

18 CERTIFICATE OF TITLE IS SURRENDERED TO THE DEPARTMENT OF STATE,

19 UNLESS THE DEPARTMENT OF STATE HAS RECEIVED NOTIFICATION OF THE

20 PENDENCY OF AN ACTION TO RECOVER ON THE BOND.

21 (4) IF THE DEPARTMENT OF STATE IS NOT SATISFIED AS TO THE

22 OWNERSHIP OF A SNOWMOBILE THAT IS AT LEAST 6 YEARS OLD AND WHOSE

23 VALUE DOES NOT EXCEED $2,500.00, THE DEPARTMENT OF STATE SHALL

24 REQUIRE THE APPLICANT TO CERTIFY THAT THE APPLICANT IS THE OWNER

25 OF THE SNOWMOBILE AND ENTITLED TO TITLE THE SNOWMOBILE.

26 SEC. 82103H. (1) A SNOWMOBILE CERTIFICATE OF TITLE SHALL BE

27 MANUFACTURED IN A MANNER TO PROHIBIT AS NEARLY AS POSSIBLE THE

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1 ABILITY TO REPRODUCE, ALTER, COUNTERFEIT, FORGE, OR DUPLICATE THE

2 CERTIFICATE WITHOUT READY DETECTION AND SHALL CONTAIN ON ITS FACE

3 THE INFORMATION SET FORTH IN THE APPLICATION, INCLUDING A NOTA-

4 TION OF ALL SECURED INTERESTS IN THE SNOWMOBILE; THE DATE ON

5 WHICH THE APPLICATION WAS FILED; AND OTHER INFORMATION REQUIRED

6 BY THE DEPARTMENT OF STATE.

7 (2) THE DEPARTMENT OF STATE SHALL PRESCRIBE A UNIFORM METHOD

8 OF NUMBERING SNOWMOBILE CERTIFICATES OF TITLE.

9 (3) A SNOWMOBILE CERTIFICATE OF TITLE SHALL CONTAIN A FORM

10 FOR ASSIGNMENT AND WARRANTY OF TITLE BY THE OWNER WITH SPACE FOR

11 THE NOTATION OF A SECURITY INTEREST IN THE SNOWMOBILE. THE SNOW-

12 MOBILE CERTIFICATE OF TITLE MAY ALSO CONTAIN OTHER FORMS THAT THE

13 DEPARTMENT OF STATE CONSIDERS NECESSARY TO FACILITATE THE EFFEC-

14 TIVE ADMINISTRATION OF THIS PART. THE CERTIFICATE SHALL BEAR THE

15 COAT OF ARMS OF THIS STATE.

16 (4) A PERSON WHO INTENTIONALLY REPRODUCES, ALTERS, COUNTER-

17 FEITS, FORGES, OR DUPLICATES A SNOWMOBILE CERTIFICATE OF TITLE OR

18 WHO USES A REPRODUCED, ALTERED, COUNTERFEITED, FORGED, OR DUPLI-

19 CATED SNOWMOBILE CERTIFICATE OF TITLE IS SUBJECT TO THE FOLLOWING

20 PENALTIES:

21 (A) IF THE INTENT OF REPRODUCTION, ALTERATION, COUNTERFEIT-

22 ING, FORGING, DUPLICATION, OR USE WAS TO COMMIT OR AID IN THE

23 COMMISSION OF AN OFFENSE PUNISHABLE BY IMPRISONMENT FOR MORE THAN

24 1 YEAR, THE PERSON COMMITTING THE REPRODUCTION, ALTERATION, COUN-

25 TERFEITING, FORGING, DUPLICATION, OR USE IS GUILTY OF A FELONY,

26 PUNISHABLE BY IMPRISONMENT FOR A PERIOD EQUAL TO THAT WHICH COULD

27 BE IMPOSED FOR THE COMMISSION OF THE OFFENSE THE PERSON HAD THE

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1 INTENT TO AID OR COMMIT. THE COURT MAY ALSO ASSESS A FINE OF NOT

2 MORE THAN $5,000.00 AGAINST THE PERSON.

3 (B) IF THE INTENT OF THE REPRODUCTION, ALTERATION, COUNTER-

4 FEITING, FORGING, DUPLICATION, OR USE WAS TO COMMIT OR AID IN THE

5 COMMISSION OF AN OFFENSE PUNISHABLE BY IMPRISONMENT FOR NOT MORE

6 THAN 1 YEAR, THE PERSON COMMITTING THE REPRODUCTION, ALTERATION,

7 COUNTERFEITING, FORGING, DUPLICATION, OR USE IS GUILTY OF A MIS-

8 DEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR, OR

9 A FINE OF NOT MORE THAN $1,000.00, OR BOTH.

10 SEC. 82103I. (1) IF THE TRANSFER OF OWNERSHIP OF A SNOWMO-

11 BILE IS BY OPERATION OF LAW, SUCH AS UPON INHERITANCE, DEVISE,

12 BEQUEST, ORDER IN BANKRUPTCY, INSOLVENCY, REPLEVIN, OR EXECUTION

13 OF SALE, IF A SNOWMOBILE IS SOLD TO SATISFY A STORAGE OR REPAIR

14 CHARGE, OR IF REPOSSESSION IS HAD UPON DEFAULT IN PERFORMANCE OF

15 THE TERMS OF A SECURITY AGREEMENT, UPON THE SURRENDER OF THE

16 PRIOR CERTIFICATE OF TITLE OR THE MANUFACTURER'S OR IMPORTER'S

17 CERTIFICATE, OR, IF THAT IS NOT POSSIBLE, UPON PRESENTATION OF

18 SATISFACTORY PROOF TO THE DEPARTMENT OF STATE OF OWNERSHIP AND A

19 RIGHT OF POSSESSION TO THE SNOWMOBILE, AND UPON PAYMENT OF THE

20 FEES PRESCRIBED IN SECTION 82103F AND PRESENTATION OF AN APPLICA-

21 TION FOR A CERTIFICATE OF TITLE, THE DEPARTMENT OF STATE MAY

22 ISSUE TO THE APPLICANT A CERTIFICATE OF TITLE TO THE SNOWMOBILE.

23 A CERTIFICATION BY THE PERSON OR AGENT OF THE PERSON TO WHOM POS-

24 SESSION OF THE SNOWMOBILE PASSED, SETTING FORTH THE FACTS ENTITL-

25 ING THE PERSON TO POSSESSION AND OWNERSHIP, TOGETHER WITH A COPY

26 OF THE JOURNAL ENTRY, COURT ORDER, OR INSTRUMENT UPON WHICH THE

27 CLAIM OF POSSESSION AND OWNERSHIP IS FOUNDED, IS SATISFACTORY

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1 PROOF OF OWNERSHIP AND RIGHT OF POSSESSION. IF THE APPLICANT

2 CANNOT PRODUCE PROOF OF OWNERSHIP, THE APPLICANT MAY APPLY TO THE

3 DEPARTMENT OF STATE AND SUBMIT EVIDENCE THE APPLICANT HAS, AND

4 THE DEPARTMENT OF STATE, IF THE DEPARTMENT FINDS THE EVIDENCE

5 SUFFICIENT, MAY THEN ISSUE A CERTIFICATE OF TITLE. IF, FROM THE

6 RECORDS IN THE OFFICE OF THE DEPARTMENT OF STATE, A LIEN APPEARS

7 TO BE ON THE SNOWMOBILE, THE CERTIFICATE OF TITLE SHALL CONTAIN A

8 STATEMENT OF THE LIEN, UNLESS THE APPLICATION IS ACCOMPANIED BY

9 PROPER EVIDENCE OF TERMINATION OF THE LIEN.

10 (2) UPON THE DEATH OF AN OWNER OF 1 OR MORE SNOWMOBILES WITH

11 A TOTAL VALUE OF NOT MORE THAN $25,000.00, WHO DOES NOT LEAVE

12 OTHER PROPERTY NECESSITATING PROBATE, AND WHO DOES NOT HAVE A

13 WILL, THE SPOUSE OR HEIRS OF THE DECEDENT SPECIFIED IN SECTION

14 106 OF THE REVISED PROBATE CODE, 1978 PA 642, MCL 700.106, OR

15 SECTION 2103 OF THE ESTATES AND PROTECTED INDIVIDUALS CODE, 1998

16 PA 386, MCL 700.2103, MAY APPLY FOR A CERTIFICATE OF TITLE. THE

17 APPLICATION SHALL BE ACCOMPANIED BY ALL OF THE FOLLOWING:

18 (A) A CERTIFICATION SETTING FORTH THE FACT THAT THE APPLI-

19 CANT IS THE SURVIVING SPOUSE OR AN HEIR OR HEIRS OF THE

20 DECEDENT.

21 (B) A COPY OF THE DECEDENT'S DEATH CERTIFICATE.

22 (C) A CERTIFIED STATEMENT SETTING FORTH THE NAMES AND

23 ADDRESSES OF ANY OTHER IMMEDIATE HEIRS.

24 (D) A CERTIFIED STATEMENT STATING THAT CREDITORS OF THE

25 DECEDENT DO NOT EXIST OR, IF THEY DO EXIST, AN ORIGINAL DISCHARGE

26 OR TERMINATION STATEMENT EXECUTED BY EACH CREDITOR.

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1 (E) A PAYMENT OF THE FEES PRESCRIBED BY SECTION 82103F.

2 SEC. 82103J. (1) IF A CERTIFICATE OF TITLE IS LOST,

3 MUTILATED, OR BECOMES ILLEGIBLE, APPLICATION SHALL BE MADE TO THE

4 DEPARTMENT OF STATE BY THE OWNER OF THE SNOWMOBILE FOR A DUPLI-

5 CATE COPY OF THE CERTIFICATE OF TITLE UPON A FORM PRESCRIBED BY

6 THE DEPARTMENT OF STATE AND ACCOMPANIED BY THE FEES PRESCRIBED BY

7 SECTION 82103F. THE APPLICATION SHALL BE CERTIFIED BY THE PERSON

8 MAKING THE APPLICATION. THE DEPARTMENT OF STATE SHALL THEN ISSUE

9 A DUPLICATE COPY OF THE CERTIFICATE OF TITLE TO THE PERSON ENTI-

10 TLED TO RECEIVE THE DUPLICATE COPY UNDER THIS ACT. EACH DUPLI-

11 CATE CERTIFICATE OF TITLE SHALL CONTAIN THE LEGEND, "THIS IS A

12 DUPLICATE CERTIFICATE AND MAY BE SUBJECT TO THE RIGHTS OF A

13 PERSON UNDER THE ORIGINAL CERTIFICATE", AND SHALL BE DELIVERED TO

14 THE PERSON ENTITLED TO POSSESSION. A SUBSEQUENT PURCHASER OF THE

15 SNOWMOBILE IN THE CHAIN OF TITLE ORIGINATING THROUGH THE DUPLI-

16 CATE COPY ACQUIRES ONLY THOSE RIGHTS WHICH THE ORIGINAL HOLDER OF

17 THE CERTIFIED COPY HAD IN THE SNOWMOBILE. AT THE TIME OF PUR-

18 CHASE, A PURCHASER OF THE SNOWMOBILE MAY REQUIRE THE SELLER TO

19 INDEMNIFY THE PURCHASER AND SUBSEQUENT PURCHASERS OF THE SNOWMO-

20 BILE AGAINST A LOSS THAT THE PURCHASER OR SUBSEQUENT PURCHASERS

21 MAY SUFFER BY REASON OF A CLAIM PRESENTED UPON THE ORIGINAL

22 CERTIFICATE. IF THE ORIGINAL CERTIFICATE OF TITLE IS RECOVERED

23 BY THE OWNER, THE OWNER SHALL IMMEDIATELY SURRENDER IT TO THE

24 DEPARTMENT OF STATE FOR CANCELLATION.

25 (2) IF A CERTIFICATE OF TITLE IS LOST AT THE TIME THAT

26 OWNERSHIP OF THE SNOWMOBILE IS TO BE TRANSFERRED TO ANOTHER

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1 PERSON, THE DEPARTMENT OF STATE NEED NOT ISSUE A DUPLICATE

2 CERTIFICATE OF TITLE IF ALL OF THE FOLLOWING ARE MET:

3 (A) THE PERSON FROM WHOM OWNERSHIP OF THE SNOWMOBILE IS TO

4 BE TRANSFERRED APPEARS IN PERSON AT A DEPARTMENT OF STATE OFFICE

5 AND SUPPLIES EVIDENCE SATISFACTORY TO THE DEPARTMENT OF STATE OF

6 HIS OR HER IDENTITY AND HIS OR HER OWNERSHIP OF THE SNOWMOBILE

7 AND PAYS THE FEES REQUIRED UNDER SECTION 82103F.

8 (B) THE PERSON TO WHOM THE SNOWMOBILE IS TO BE TRANSFERRED,

9 OR HIS OR HER LEGAL REPRESENTATIVE, ACCOMPANIES THE PERSON

10 DESCRIBED UNDER SUBDIVISION (A) AND MAKES APPLICATION FOR AN

11 ORIGINAL CERTIFICATE OF TITLE, SUPPLIES EVIDENCE SATISFACTORY TO

12 THE DEPARTMENT OF STATE OF HIS OR HER IDENTITY, AND PAYS THE FEES

13 REQUIRED UNDER SECTION 82103F.

14 (3) IF THE DEPARTMENT OF STATE DOES NOT ISSUE A DUPLICATE

15 CERTIFICATE OF TITLE UNDER SUBSECTION (2), THE DEPARTMENT OF

16 STATE'S RECORDS SHALL INDICATE THE TRANSFER OF THE SNOWMOBILE

17 WITHOUT A SURRENDER OF THE CERTIFICATE OF TITLE.

18 SEC. 82103K. (1) THE DEPARTMENT OF STATE SHALL MAINTAIN 1

19 OR MORE INDEXES PERTAINING TO SNOWMOBILE CERTIFICATES OF TITLE.

20 UPON RECEIVING AN APPLICATION FOR A SNOWMOBILE CERTIFICATE OF

21 TITLE, THE DEPARTMENT OF STATE MAY CHECK THE INFORMATION IN THE

22 APPLICATION AND ACCOMPANYING DOCUMENTS AGAINST THE INDEXES OF

23 TITLED, REGISTERED, STOLEN, AND RECOVERED SNOWMOBILES AND AGAINST

24 OTHER RECORDS MAINTAINED BY THE DEPARTMENT OF STATE.

25 (2) THE DEPARTMENT OF STATE SHALL EXAMINE AND DETERMINE THE

26 GENUINENESS, REGULARITY, AND LEGALITY OF EVERY APPLICATION FOR A

27 SNOWMOBILE CERTIFICATE OF TITLE OR REGISTRATION CERTIFICATE AND

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1 MAY IN ALL CASES MAKE INVESTIGATION AS MAY BE CONSIDERED

2 NECESSARY OR REQUIRE ADDITIONAL INFORMATION. THE DEPARTMENT OF

3 STATE SHALL REJECT ANY APPLICATION IF NOT SATISFIED WITH THE GEN-

4 UINENESS, REGULARITY, OR LEGALITY OF THE APPLICATION OR THE TRUTH

5 OF ANY STATEMENT CONTAINED IN THE APPLICATION, OR FOR ANY OTHER

6 REASON, WHEN AUTHORIZED BY LAW.

7 (3) THE DEPARTMENT OF STATE MAY TAKE POSSESSION OF ANY SNOW-

8 MOBILE CERTIFICATE OF TITLE, REGISTRATION CERTIFICATE, OR REGIS-

9 TRATION DECAL ISSUED BY IT UPON EXPIRATION, REVOCATION, CANCELLA-

10 TION, OR SUSPENSION OF THE TITLE, CERTIFICATE, OR DECAL, OR THAT

11 IS FICTITIOUS OR THAT WAS UNLAWFULLY OR ERRONEOUSLY ISSUED. THE

12 DEPARTMENT OF STATE OR ANY AGENT OF THE DEPARTMENT MAY TAKE POS-

13 SESSION AND CUSTODY OF ANY REGISTRATION DECAL OR NUMBER FOUND

14 ATTACHED TO ANY SNOWMOBILE FOR WHICH THE DECAL OR NUMBER WAS NOT

15 ISSUED, OR WHEN ANY OTHER UNLAWFUL USE IS BEING MADE OF THE DECAL

16 OR NUMBER. EXPIRATION, REVOCATION, CANCELLATION, OR SUSPENSION

17 OF A SNOWMOBILE CERTIFICATE OF TITLE DOES NOT, IN ITSELF, AFFECT

18 THE VALIDITY OF A SECURITY INTEREST NOTED ON THE CERTIFICATE OF

19 TITLE.

20 SEC. 82103l. (1) RECORDS OF THE DEPARTMENT OF STATE MADE

21 AND KEPT UNDER THIS PART SHALL BE PUBLIC RECORDS, EXCEPT AS OTH-

22 ERWISE PROVIDED IN THIS ACT.

23 (2) THE DEPARTMENT OF STATE MAY PROVIDE A COMMERCIAL LOOK-UP

24 SERVICE OF SNOWMOBILE TITLE AND REGISTRATION RECORDS ON A FEE

25 BASIS. A PERSON SHALL BE CHARGED THE FEE FOR EACH TRANSFER

26 TRANSACTION CONTAINED IN THE TITLE OR RECORDS. THE DEPARTMENT OF

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1 STATE SHALL NOT PROCESS A COMMERCIAL LOOK-UP REQUEST UNLESS IT IS

2 IN A FORM PRESCRIBED BY THE DEPARTMENT OF STATE.

3 (3) THE DEPARTMENT OF STATE SHALL FURNISH INFORMATION ON A

4 TITLE WITHOUT CHARGE TO AUTHORIZED LAW ENFORCEMENT AND CONSERVA-

5 TION OFFICERS WHEN ENGAGED IN OFFICIAL DUTIES.

6 (4) THE DEPARTMENT OF STATE MAY PURGE A RECORD OF A SNOWMO-

7 BILE CERTIFICATE OF TITLE AND ANY RECORD PERTAINING TO IT 10

8 YEARS AFTER THE TITLE WAS ISSUED OR THE RECORD WAS MADE OR

9 RECEIVED IF THE SNOWMOBILE'S REGISTRATION IS EXPIRED OR CANCELED

10 FOR NOT LESS THAN 3 YEARS.

11 Sec. 82105. (1) The owner of each snowmobile requiring reg-

12 istration by this state before operation of the snowmobile in

13 this state shall file an application for registration, ACCOM-

14 PANIED BY THE REQUIRED FEES, with the department of state on

15 forms provided by the department of state. If the snowmobile was

16 purchased from a retail dealer in this state, application for

17 initial registration shall be made with the dealer at the point

18 of sale. The dealer shall issue a temporary registration permit

19 in a form received from and approved by the department of state

20 that is valid for 15 days after the date of sale. Each retail

21 dealer shall submit registrations and fees to the department of

22 state not less than once each week. The application shall be

23 signed by the owner of the snowmobile. ~~and shall be accompanied~~

24 ~~by a fee of $22.00.~~ Upon receipt of the application in approved

25 form, the department of state shall enter the application upon

26 its records and issue to the applicant a certificate of

27 registration and decal. The certificate of registration shall

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1 contain the number awarded to the snowmobile, the name and

2 address of the owner, and other information the department of

3 state considers necessary. The certificate of registration shall

4 be pocket-size, shall accompany the vehicle, shall be legible,

5 and shall be made available for inspection upon demand by a peace

6 officer.

7 (2) IF THE DEPARTMENT OF STATE IS NOT SATISFIED AS TO THE

8 OWNERSHIP OF A SNOWMOBILE THAT IS LESS THAN 6 YEARS OLD AND WHOSE

9 VALUE IS OVER $2,500.00, BEFORE REGISTERING THE SNOWMOBILE AND

10 ISSUING A CERTIFICATE OF REGISTRATION, THE DEPARTMENT OF STATE

11 MAY REQUIRE THE APPLICANT TO FILE A PROPERLY EXECUTED SURETY BOND

12 IN A FORM PRESCRIBED BY THE DEPARTMENT OF STATE AND EXECUTED BY

13 THE APPLICANT AND A COMPANY AUTHORIZED TO CONDUCT A SURETY BUSI-

14 NESS IN THIS STATE. THE BOND SHALL BE IN AN AMOUNT EQUAL TO

15 TWICE THE VALUE OF THE SNOWMOBILE AS DETERMINED BY THE DEPARTMENT

16 OF STATE AND SHALL BE CONDITIONED TO INDEMNIFY OR REIMBURSE THE

17 DEPARTMENT OF STATE, ANY PRIOR OWNER, AND ANY SUBSEQUENT PUR-

18 CHASER OF THE SNOWMOBILE AND THEIR SUCCESSORS IN INTEREST AGAINST

19 ANY EXPENSE, LOSS, OR DAMAGE, INCLUDING REASONABLE ATTORNEY FEES,

20 BY REASON OF THE ISSUANCE OF A CERTIFICATE OF REGISTRATION FOR

21 THE SNOWMOBILE OR ON ACCOUNT OF ANY DEFECT IN THE RIGHT, TITLE,

22 OR INTEREST OF THE APPLICANT IN THE SNOWMOBILE. AN INTERESTED

23 PERSON HAS A RIGHT OF ACTION TO RECOVER ON THE BOND FOR A BREACH

24 OF THE CONDITIONS OF THE BOND, BUT THE AGGREGATE LIABILITY OF THE

25 SURETY TO ALL PERSONS SHALL NOT EXCEED THE AMOUNT OF THE BOND.

26 THE BOND SHALL BE RETURNED AT THE END OF 3 YEARS, OR BEFORE 3

27 YEARS IF THE SNOWMOBILE IS NO LONGER REGISTERED IN THIS STATE AND

03454'99

1 THE CURRENTLY VALID CERTIFICATE OF REGISTRATION IS SURRENDERED TO

2 THE DEPARTMENT OF STATE, UNLESS THE DEPARTMENT OF STATE HAS

3 RECEIVED NOTIFICATION OF THE PENDENCY OF AN ACTION TO RECOVER ON

4 THE BOND.

5 (3) IF THE DEPARTMENT OF STATE IS NOT SATISFIED AS TO THE

6 OWNERSHIP OF A SNOWMOBILE THAT IS AT LEAST 6 YEARS OLD AND WHOSE

7 VALUE DOES NOT EXCEED $2,500.00, THE DEPARTMENT OF STATE SHALL

8 REQUIRE THE APPLICANT TO CERTIFY THAT THE APPLICANT IS THE OWNER

9 OF THE SNOWMOBILE AND ENTITLED TO REGISTER THE SNOWMOBILE.

10 (4) ~~(2) The owner of a snowmobile at the time application~~

11 ~~for a certificate of registration is made shall pay a fee of~~

12 ~~$22.00 and be issued a certificate of registration and a regis-~~

13 ~~tration decal.~~ The certificate of registration and registration

14 decal authorizes the operation of the snowmobile for a 3-year

15 period that begins on October 1 and expires on September 30 of

16 the third year. The certificate of registration and registration

17 decal may be renewed by payment of a THE fee ~~of $22.00~~

18 REQUIRED UNDER SECTION 82103F beginning July 1 of the expiration

19 year. The registration decal shall be displayed as prescribed by

20 rule promulgated by the department of state.

21 (5) ~~(3)~~ The department of state may destroy a record of a

22 certificate of registration 5 years after expiration of the

23 certificate.

24 (6) IF A PERSON SELLS OR TRANSFERS A SNOWMOBILE AND THE

25 TRANSFEREE DOES NOT APPLY FOR A SNOWMOBILE REGISTRATION IN HIS OR

26 HER NAME WITHIN 30 DAYS AFTER THE TRANSFER UNDER THIS PART, THE

03454'99

1 DEPARTMENT OF STATE SHALL CANCEL THE REGISTRATION ON THE

2 SNOWMOBILE THAT IS IN THE TRANSFEROR'S NAME.

3 Sec. 82106. (1) Except as otherwise provided in this part,

4 $17.00 of the revenue received from the registration fee under

5 this part shall be deposited in the snowmobile registration fee

6 fund. From the revenues deposited in the snowmobile registration

7 fee fund under this part, the legislature shall make an annual

8 appropriation of not more than $3.00 from each registration fee

9 collected during each fiscal year to the department of state for

10 administration of the registration provisions of this part and an

11 annual appropriation to the department of not less than $14.00

12 from each registration fee collected during each fiscal year for

13 purposes set forth in section 82107, $2.00 of which shall be used

14 for the state financial assistance program for counties described

15 in section 82107 and $7.00 of which shall be used to provide

16 trail enforcement grants to counties or other local groups for

17 enforcement of this part. Any money not required for administra-

18 tion of the registration provisions of this part shall be cred-

19 ited each year to the recreational snowmobile trail improvement

20 fund. Five dollars from each registration fee collected during

21 each fiscal year shall be deposited in the recreational snowmo-

22 bile trail improvement fund and shall be administered by the

23 department for the purposes of planning, construction, mainte-

24 nance, and acquisition of trails and areas for the use of snowmo-

25 biles, or access to those trails and areas, and basic snowmobile

26 facilities. Consideration shall be given in planning the

27 expenditures of the funds to providing recreational opportunities

03454'99

1 for bicyclists, hikers, equestrians, and other nonconflicting

2 recreational trail users as ancillary benefits of the program.

3 (2) The department shall designate a state recreational

4 trail coordinator and shall maintain a comprehensive plan for

5 implementing a statewide recreational and snowmobile trails

6 system. The comprehensive plan shall be reviewed and updated

7 each year by the department.

8 (3) The money appropriated under this section to the depart-

9 ment for snowmobile trails and areas, for access to those trails

10 or areas, and for basic snowmobile facilities may be expended for

11 the acquisition, development, and maintenance on any land in the

12 state. The money may be used to purchase lands or secure ease-

13 ments, leases, permits, or other appropriate agreements permit-

14 ting use of private property for snowmobile trails, basic facili-

15 ties, and areas which may be used by bicyclists, hikers, eques-

16 trians, and other nonconflicting off-season recreational trail

17 users, if the easements, leases, permits, or other agreements

18 provide public access to the trail, use areas, and support

19 facilities.

20 (4) Recreational trail facilities or major improvements

21 shall not be constructed on private land unless a written agree-

22 ment in the form of an easement, lease, or permit for a public

23 trail right-of-way having a term of not less than 5 years is made

24 between the owner of the land and the department.

25 (5) The money shall be expended in a manner and as part of

26 the overall plan of the department for an interconnecting network

27 of statewide snowmobile trails and use areas giving consideration

03454'99

1 to expected snowfall and availability for use with adequate snow

2 cover. Consideration shall be given in the plan for alternative

3 nonconflicting off-season recreational trail uses.

4 (6) THE REGISTRATION FEES CHARGED UNDER SECTION 82105 AND

5 THE TITLE FEES CHARGED UNDER SECTION 82103F SHALL BE ADJUSTED

6 JULY 1, 2010 AND EVERY 10 YEARS THEREAFTER BY THE AGGREGATE PER-

7 CENTAGE INCREASE IN THE CONSUMER PRICE INDEX FOR THE 10-YEAR

8 PERIOD ROUNDED DOWN TO THE NEAREST WHOLE DOLLAR.

9 Sec. 82116. (1) A snowmobile that is manufactured after

10 December 1, 1972 for sale in this state shall have an identifying

11 number that is stamped into the frame of the snowmobile or into a

12 plate affixed to the frame and is unique from an identifying

13 number on any other snowmobile. The number shall be stamped in a

14 place where it is easily visible with a minimum of physical

15 effort and it shall be termed the vehicle number. A manufacturer

16 shall furnish to a requesting police agency, to the department of

17 state, and to the department information as to the location of

18 vehicle numbers on snowmobiles it produces. The vehicle number

19 shall be printed on BOTH THE CERTIFICATE OF TITLE AND the certif-

20 icate of registration issued by the department of state to the

21 owner.

22 (2) Possession of a snowmobile with an altered, defaced, or

23 obliterated vehicle number is a misdemeanor, punishable by

24 imprisonment for not more than 1 year, or by a fine of not more

25 than $1,000.00, or both.

26 SEC. 82116A. (1) THE OWNER OF A SNOWMOBILE WHOSE VEHICLE

27 NUMBER HAS BEEN ALTERED, REMOVED, OR DEFACED, INCLUDING THE OWNER

03454'99

1 OF A SNOWMOBILE WHO INTENDS TO TITLE THE SNOWMOBILE AS AN

2 ASSEMBLED SNOWMOBILE, SHALL MAKE APPLICATION, IN A FORM PRE-

3 SCRIBED BY THE DEPARTMENT OF STATE, TO THE DEPARTMENT OF STATE

4 FOR A SPECIAL IDENTIFYING NUMBER ACCOMPANIED BY AN APPLICATION

5 FOR A CERTIFICATE OF TITLE AND THE REQUIRED FEES. THE OWNER

6 SHALL FURNISH THE INFORMATION THAT WILL SATISFY THE DEPARTMENT OF

7 STATE THAT HE OR SHE IS THE OWNER AND, AFTER BEING SATISFIED, THE

8 DEPARTMENT OF STATE SHALL ASSIGN A SPECIAL IDENTIFYING NUMBER FOR

9 THE SNOWMOBILE, PRECEDED BY A SYMBOL INDICATING THIS STATE. THE

10 DEPARTMENT OF STATE SHALL MAINTAIN A RECORD OF ASSIGNED SPECIAL

11 IDENTIFYING NUMBERS. THE SPECIAL IDENTIFYING NUMBER SHALL BE

12 APPLIED TO THE SNOWMOBILE AS DIRECTED BY THE DEPARTMENT OF STATE,

13 AND UPON VERIFICATION BY THE DEPARTMENT OF STATE THAT THE NUMBER

14 IS AFFIXED TO THE SNOWMOBILE, THE SPECIAL NUMBER SHALL BE

15 REGARDED AS THE IDENTIFYING NUMBER OF THE SNOWMOBILE.

16 (2) THE OWNER OF A SNOWMOBILE WHOSE VEHICLE NUMBER IS MISS-

17 ING SHALL MAKE APPLICATION, IN A FORM PRESCRIBED BY THE DEPART-

18 MENT OF STATE, TO THE DEPARTMENT OF STATE FOR A REPLACEMENT VEHI-

19 CLE NUMBER ACCOMPANIED BY THE FEE REQUIRED BY SECTION 82103F.

20 THE OWNER SHALL FURNISH THE INFORMATION THAT WILL SATISFY THE

21 DEPARTMENT OF STATE THAT HE OR SHE IS THE OWNER OF THE

22 SNOWMOBILE. AFTER THE DEPARTMENT OF STATE IS SATISFIED WITH THE

23 INFORMATION PROVIDED, THE DEPARTMENT OF STATE SHALL ASSIGN A

24 REPLACEMENT VEHICLE NUMBER THAT SHALL BE APPLIED TO THE SNOWMO-

25 BILE AS DIRECTED BY THE DEPARTMENT OF STATE. UPON VERIFICATION

26 BY THE DEPARTMENT OF STATE THAT THE NUMBER IS AFFIXED TO THE

27 SNOWMOBILE, THE DEPARTMENT OF STATE SHALL NOTE ON THE CERTIFICATE

03454'99

1 OF TITLE RECORD FOR THAT SNOWMOBILE THAT A REPLACEMENT VEHICLE

2 NUMBER WAS ISSUED FOR THAT SNOWMOBILE.

03454'99 Final page. TJS