SB-0371, As Passed House, June 29, 2011

SUBSTITUTE FOR

SENATE BILL NO. 371

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 81131 (MCL 324.81131), as amended by 2009 PA

175.

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 ~~subsections (4) and (7),~~ subsection (4), the

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 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 and, if state forestland is located within

the county, to the department.

(3) Subject to ~~subsections (4) and (7), beginning July 17,~~

~~2009,~~ subsection (4), the township board of a township located in

an eligible county may adopt an ordinance authorizing the operation

of ORVs on the maintained portion of 1 or more roads located within

the township. Not less than 28 days before a public hearing on the

ordinance, the township clerk shall send notice of the public

hearing, by certified mail, to the county road commission and, if

state forestland is located within the township, to the department.

This subsection does not apply to a township until 1 year after the

effective date of the amendatory act that first defined eligible

county so as to include the county in which that township is

located.

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

the operation of ORVs under 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 roads located within the county to

the operation of ORVs under subsection (2) or (3). The township

board of a township located in an eligible county may adopt an

ordinance to close a road to the operation of ORVs under subsection

(2).

(5) ~~Subject to subsection (7), the~~ 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) Subject to ~~subsections (4) and (7),~~ 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 covered by the ordinance. A person shall not operate an ORV

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

(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 pursuant to subsection (2), (3), or

(5) 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 inches wide or has 3 wheels. ORVs operated

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

~~(7) Subsections (2) to (6) and an ordinance adopted under~~

~~subsection (2), (3), or (5) do not apply after July 16, 2013.~~

(8) ~~In addition to any applicable requirement of section~~

~~81133(c), a person shall not operate an ORV pursuant to this~~

~~section when visibility is substantially reduced due to weather~~

~~conditions without displaying a lighted headlight and lighted~~

~~taillight. Beginning January 1, 2010, a~~ A person shall not operate

an ORV pursuant to this section without displaying a lighted

headlight and lighted taillight.

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

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 the authority of another state

or a province of Canada. A person under 12 years of age shall not

operate an ORV pursuant to this section. The requirements of this

subsection are in addition to any applicable requirements of

section 81129.

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

road under subsection (3) does not have a duty to maintain the road

in a condition reasonably safe and convenient for the operation of

ORVs. A board of county road commissioners, a county board of

commissioners, or a municipality does not have a duty to maintain a

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 as motor vehicles as provided in the code.

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

(1).

(11) Beginning October 19, 1993, a board of county road

commissioners, a county board of commissioners, and a county are,

and, beginning on April 25, 1995, a municipality is, immune from

tort liability for injuries or damages sustained by any person

arising in any way out of the operation or use 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. The immunity provided by this subsection does not

apply to actions 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.

(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 pursuant to the code was in a collision 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), the operator of the ORV shall be

considered prima facie negligent.

(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, or public property damaged as a result of the violation.

(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) and damages collected under

subsection (13) 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, for repairing damage

to roads or streets and the environment that may have been caused

by ORVs and for posting signs indicating ORV speed limits or

indicating whether roads or streets 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) ~~Mason, Lake, Osceola, Clare, Gladwin, Arenac, or Bay~~

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) ~~Huron, Tuscola, Sanilac, Saginaw, Gratiot, Montcalm, or~~

St. Clair county.

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

municipality.

(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.