May 12, 2010, Introduced by Rep. Sheltrown 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 81115, 81116, 81117, 81119, 81121, 81122,
81123, and 81127 (MCL 324.81115, 324.81116, 324.81117, 324.81119,
324.81121, 324.81122, 324.81123, and 324.81127), section 81115 as
amended by 2008 PA 240, section 81116 as amended by 2006 PA 477,
sections 81117 and 81119 as amended by 2004 PA 587, sections 81121
and 81122 as added by 1995 PA 58, and sections 81123 and 81127 as
amended by 1998 PA 86, and by adding section 81125a; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
81115. (1) A person shall not operate an ORV OHV under
any
of the following conditions unless the
owner of the ORV is
licensed
with OHV has obtained a trail
permit for the OHV through
the department or a dealer as provided under this part:
(a) Except as otherwise provided by law, on or over land,
snow, ice, or other natural terrain.
(b) Except as otherwise provided in this part, on a forest
trail or in a designated area.
(c) Except as otherwise provided in section 81102, on the
maintained portion of a road or street.
(2)
Licensure A trail permit is not required for an ORV OHV
used
exclusively in a safety and training program as required in
section 81129 for operating an OHV on private property, or for
operating an OHV on the frozen surface of a lake, river, or stream
for the purpose of ice fishing.
Sec.
81116. (1) The owner of an ORV OHV
requiring licensure a
trail
permit under this part shall file an
application for a
license
the permit with the department or a dealer on forms
provided
by the department. If an ORV OHV
is sold by a dealer, the
application
for a license trail permit
shall be submitted to the
department by the dealer in the name of the owner. The application
shall be signed by the owner of the vehicle and shall, subject to
subsection
(6), be accompanied by a fee of $16.25
$30.50. A person
shall
not file an application for registration a trail permit that
contains false information. Upon receipt of the application in
approved form and upon payment of the appropriate fee, the
department
or dealer shall issue to the applicant a license which
shall
be trail permit that is valid for the 12-month period for
which
it is issued. A license trail
permit shall be issued for the
12-month period beginning April 1 and ending March 31 each year.
(2)
Dealers may purchase from the department ORV OHV licenses
trail
permits for resale to owners of
vehicles requiring licensure
a trail permit under this part. The department shall refund to
dealers
the purchase price of any ORV licenses OHV trail permits
returned within 90 days after the end of the 12-month period for
which they were valid. The dealer shall maintain and provide to the
department
records of ORV license OHV
trail permit sales on forms
provided
by the department. In addition to the sale of ORV licenses
OHV trail permits, a dealer engaged in the sale, lease, or rental
of
ORVs OHVs as a regular business may sell any other license or
permit authorized by the department to be sold by other dealers
under the statutes of this state.
(3)
The license trail permit shall be permanently attached to
the vehicle in the manner prescribed and in the location designated
by the department before the vehicle may legally be operated in
accordance with this part.
(4) If at the time of sale the purchaser certifies on a form
provided by the department that the purchased vehicle otherwise
requiring
a license trail permit under this part will be used and
stored outside of this state and will not be returned by the
purchaser
to this state for use, then a license trail permit is not
required.
(5)
If a license trail permit acquired by the owner of an ORV
OHV is lost or destroyed, the department shall provide that person
with
a replacement license trail
permit free of charge. The
department
may require a person requesting a replacement license
trail permit to supply sufficient evidence of the loss or
destruction
of the original license trail
permit.
(6) Beginning January 1, 2016 and every 5 years thereafter,
the cost of an OHV trail permit shall be adjusted based on the
consumer price index for the previous 5-year period and rounded to
the nearest whole dollar. As used in this subsection, "consumer
price index" means the most comprehensive index of consumer prices
available for this state from the bureau of labor statistics of the
United States department of labor.
Sec.
81117. (1) Money in the off-road off-highway vehicle
account shall be used only for the following:
(a) Signage for and improvement, maintenance, and construction
of
ORV OHV trails, routes, or areas.
(b) The administration and enforcement of this part.
(c) The leasing of land.
(d) The acquisition of easements, permits, or other agreements
for
the use of land for ORV OHV
trails, routes, or areas.
(e) The restoration of any of the natural resources of this
state
on public land that are damaged due to ORV OHV use
in
conjunction with the plan required by section 81123.
(f) One dollar of the revenue from each fee collected under
section 81116 shall be used for the purposes of sections 81129 and
81130.
(g) Fourteen dollars and 50 cents of the revenue collected
from each fee under section 81116 shall be used by the department
for departmental operations, enforcement, and special initiatives
relating to this part. This amount shall be adjusted based on the
consumer price index changes reflected under section 81116(6).
(h) Fifty cents of the revenue from each fee collected by an
authorized vendor shall be paid to the vendor.
(2) All remaining revenue from each fee collected under
section
81116 shall be deposited in the off-road off-highway
vehicle account.
(3) All funds allocated under this part shall be for projects
that are open to the public.
Sec.
81119. (1) Not less than 50% of the money in the off-road
off-highway vehicle account shall be distributed each year in the
form of grants for the purpose of planning, improving,
constructing,
signing, and maintaining ORV OHV
trails, areas, and
routes and access to those trails, areas, and routes, the leasing
of land, the acquisition of easements, permits, or other agreements
for
the use of land for ORV OHV
trails, areas, and routes, to
public agencies and nonprofit incorporated clubs and organizations.
(2) An application by a public agency or a nonprofit
incorporated club or organization shall include a plan for
restoration of any of the natural resources of this state on public
land
that are damaged due to ORV OHV
use. The public agencies or
nonprofit incorporated clubs or organizations shall indicate on
their application that their use of grant money is consistent with,
and meets the requirements of, the plan developed by the department
pursuant to section 81123, and the trail, route, or area is
available to the public. The department shall not approve a grant
unless the application meets the requirements of the plan. The
department shall make application forms available and consider
grant requests on a yearly basis.
(3) A grant shall not be made for a trail, route, or area
unless
the trail, route, or area is available for ORV OHV use
and
is approved by the department. A grant for the cost of leasing of
land and the acquisition of easements, permits, or other agreements
may equal 100% of incurred expense. Specifications shall be
prescribed by the department.
(4)
Not less than 31-1/4% of the money in the off-road off-
highway vehicle account shall be used each year for enforcement of
this part or the purchase of any necessary equipment used for
enforcement of this part. Of the amount available for enforcement,
the department shall make available 24% of the funds for
distribution in the form of grants by the department to the county
sheriffs' departments. The balance of the funds available shall be
used by the department for the enforcement of this part or for the
purchase of any necessary equipment used for the enforcement of
this part. In making grants available for distribution under this
subsection, the department shall consider the following factors:
(a)
The number of miles of ORV OHV
trails, routes, or areas
within the county.
(b) The number of sheriff's department employees available for
enforcement of this part.
(c)
The estimated number of ORVs OHVs
within the county and
that
are brought into the county for ORV OHV use.
(d)
The estimated number of days that ORVs OHVs may be used
within that county.
(e) Any other factors considered appropriate by the
department. The department shall require a county sheriff receiving
a grant under this subsection to maintain records and submit an
annual report to verify expenditure of grant money received.
(5)
Not less than 12-1/2% of the revenue in the off-road off-
highway vehicle account shall be distributed each year in the form
of grants to public agencies and nonprofit incorporated clubs and
organizations
for the restoration of damage that is caused by ORV
OHV use to natural resources on public land. A grant under this
subsection may be in addition to a grant under subsection (1). An
application for a grant under this subsection shall comply with
subsection (2).
(6)
Not more than 3-1/8% of the revenue in the off-road off-
highway vehicle account in any year shall be used for
administration of this part. The department may use revenue from
the funds for personnel to operate the program under this part.
(7)
The remaining 3-1/8% of the revenue in the off-road off-
highway vehicle account may be used for the purposes described in
subsections (1) and (4), except that 25 cents of each fee for a
license sold by a dealer shall be retained by the dealer as a
commission for services rendered. If the remainder of the money in
the
off-road off-highway vehicle account is used for the purposes
described in subsection (4), it shall be allocated as provided in
subsection (4).
(8) Grants under this section shall remain available until
expended once a contract or commitment has been entered into under
this section. A contract shall be for a period of not more than 2
years. A grant not expended within the contract period may be
renewed by the department by entering into a new contract.
Sec. 81121. (1) A dealer shall maintain in safe operating
condition
an ORV OHV rented, leased, or furnished by the dealer.
The dealer, dealer's agents, or employees shall explain the
operation of the vehicle being rented, leased, or furnished, and if
the dealer, dealer's agent, or employee believes the person to whom
the vehicle is to be rented, leased, or furnished is not competent
to operate the vehicle with safety to that person or others, the
dealer, dealer's agent, or employee shall refuse to rent, lease, or
furnish the vehicle.
(2) A dealer renting, leasing, or furnishing a vehicle shall
carry a policy of liability insurance subject to limits, exclusive
of interest and costs, with respect to the vehicle, as follows:
$20,000.00 because of bodily injury to, or death of, 1 person in
any 1 accident, and $40,000.00 because of bodily injury to, or
death of, 2 or more persons in any 1 accident, and $10,000.00
because of injury to, or destruction of, property of others in any
1 accident, or alternatively, the dealer shall demand and be shown
proof that the person renting, leasing, or being furnished a
vehicle carries a liability policy of at least the type and
coverage as specified above.
Sec.
81122. (1) A person shall not operate an ORV OHV that
is
not registered under the code upon a public highway, street, or
right-of-way of a public highway or street, except as provided in
section 81131 or under the following conditions and circumstances:
(a) The operator of a vehicle may cross a public highway,
other than a limited access highway, at right angles, for the
purpose of getting from 1 area to another, if the operation can be
done in safety. The operator shall bring the vehicle to a complete
stop before proceeding across a public highway, and shall yield the
right-of-way to oncoming traffic.
(b) A vehicle may be operated on a street or highway for a
special event of limited duration and conducted according to a
prearranged schedule only under permit from the governmental unit
having
jurisdiction. A special event involving ORVs OHVs may
be
conducted on the frozen surface of public waters only under permit
from the department.
(c) A farmer, employee of a farmer, or family member of a
farmer
who is at least 16 years of age may operate an ORV OHV on
the extreme right side of a roadway or highway right-of-way when it
is not practicable to operate off that roadway or highway right-of-
way. Such operation shall be limited to traveling to or from the
farmer's residence or work location or field during the course of
farming
operations. An ORV OHV shall not be operated pursuant to
this subdivision during the period of 30 minutes before sunset to
30 minutes after sunrise, when visibility is substantially reduced
due to weather conditions, or in a manner so as to interfere with
traffic. The state transportation department and all of its
employees are immune from tort liability for injury or damages
sustained by any person arising in any way by reason of the
operation
or use of an ORV OHV for the limited purposes allowed
under
this subdivision. An operator of an ORV OHV under this
subdivision
shall have attached to the ORV OHV
a flag made of
reflective material. The flag shall extend not less than 8 feet
from the surface of the roadway and not less than 4 feet above the
top
of the ORV OHV. The flag shall be not less than 12 inches high
by
18 inches long. and not measure less than 100 square inches.
(2) In a court action in this state where competent evidence
demonstrates that a vehicle that is permitted to operate on a
highway
pursuant to the code is in a collision with an ORV OHV on
a
roadway,
the operator of the ORV OHV
involved in the collision
shall be considered prima facie negligent.
Sec. 81123. (1) The department shall, by October 1, 1991,
develop
a comprehensive plan for the management of ORV OHV use
of
areas, routes, and trails maintained by or under the jurisdiction
of the department or a local unit of government pursuant to section
81131. The plan shall, as a minimum, set forth the following
methods and timetable:
(a) The inventorying, by appropriate means, of all areas,
forest
roads, and forest trails used by or suitable for use by ORVs
OHVs.
(b) The identification and evaluation of the suitability of
areas,
forest roads, and forest trails to sustain ORV OHV use.
(c) The designation of areas, forest roads, and forest trails
for
ORV OHV use, including use by persons with disabilities.
(d) The development of resource management plans to maintain
areas, forest roads, or forest trails and to restore or reconstruct
damaged areas, forest roads, or forest trails. The plans shall
include consideration of the social, economic, and environmental
impact
of ORV OHV use.
(e) Specifications for trails and areas.
(2)
The plan developed under subsection (1) shall be revised
every
2 years. The plan shall be submitted to the legislature for
approval.
The legislature shall approve the plan without amendment
by
concurrent resolution adopted by both standing committees of the
house
of representatives and senate that consider natural resources
matters
and both houses of the legislature by recorded vote. The
department
shall submit any subsequent revisions to the plan to the
secretary
of the senate and the clerk of the house of
representatives
at least 20 session days before the effective date
of
the revisions. If both standing committees of the house of
representatives
and senate that consider natural resources matters
fail
to reject the revisions within those 20 session days, the
revisions
shall be considered approved.
(3)
The plan may designate where bicyclists, hikers,
equestrians,
and other nonconflicting recreation trail users may
use
ORV trails or areas.
(2) (4)
By May 7, 1992, the department
shall designate an
appropriate area in the northern Lower Peninsula and an appropriate
area in southeast Michigan as a scramble area.
(3) (5)
Copies of maps of trails shall be
prepared and made
available by the department in sufficient quantities to accompany
each
ORV OHV certificate of title issued by the secretary of
state
and to place in each county sheriff's office and each department of
natural resources and environment field office.
Sec. 81125a. The department shall waive the requirement for a
permit for an event under this part if there are 75 or fewer
vehicles. Nevertheless, any group having 20 or more vehicles but
not more than 75 vehicles shall notify the department under this
section that it is having an event in sufficient time to allow the
department to coordinate activities with other groups or riders.
OHV use shall be considered a low-intensity impact on the OHV trail
system.
Sec. 81127. (1) Under the comprehensive system previously
approved and implemented under former section 16d of 1975 PA 319,
all state owned land under the jurisdiction of the department shall
be
closed to ORV OHV use except designated routes, designated
trails, and designated areas. The commission shall approve any
subsequent revisions to the system and shall establish an effective
date for the revisions. The department shall submit the revisions
approved by the commission to the secretary of the senate and the
clerk of the house of representatives at least 20 session days
before the effective date determined by the commission. If both
standing committees of the senate and the house of representatives
that primarily consider issues pertaining to the protection of
natural resources fail to reject the revisions within those 20
session days, the revisions shall be considered approved.
(2) In developing the system, the department shall consider
the needs of hunters, senior citizens, and persons with
disabilities.
Enacting section 1. Section 81128 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81128, is
repealed.
Enacting section 2. 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. 6159(request no.
04595'09).
(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).