HOUSE BILL No. 5612

 

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 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 county board of

 

commissioners of an eligible a county may adopt an ordinance

 

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

 

more roads located within the county, including the shoulders of

 

those roads. 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.

 

The county shall not charge a fee for the operation of ORVs on

 

roads under its jurisdiction.

 

     (3) Subject to 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, including the shoulders of

 

roads under its jurisdiction. 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 authorized the

 

county in which that township is located for purposes of adopting

 

an ordinance under subsection (2). The township shall not charge a

 

fee for the operation of ORVs on roads under its jurisdiction.

 

     (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 if ORV

 

usage has created a significant threat to public safety or

 

extraordinary damage to the environment or a road, including the

 

shoulder of the road. 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) 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, including the shoulders of those streets. The

 

municipality shall not charge a fee for the operation of ORVs on

 

those streets.

 

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

 

adopts an ordinance pursuant to under 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, including the shoulder of that road or street. A

 

person shall not operate an ORV pursuant to under 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) A county board of commissioners may adopt an ordinance

 

authorizing the operation of ORVs on 1 or more highways located

 

within the county, including the shoulders of those highways. The

 

designation may be made on a permanent, seasonal, or temporary

 

basis. The county shall not charge a fee for the operation of ORVs

 

on those highways. Not less than 45 days before the county board of

 

commissioners holds a public hearing on the ordinance, the county

 

clerk shall send notice of the public hearing, by certified mail,

 

to the state transportation department and, if state forestland is

 

located within the county, to the department. The notice to the


 

state transportation department shall solicit the state

 

transportation department's comment on environmental and public

 

safety issues related to the proposed ordinance. Operation of an

 

ORV may be authorized under this subsection only on stretches of

 

highway that meet 1 or more of the following requirements:

 

     (a) Will serve as connectors between ORV areas, routes, or

 

trails designated by the department or a local unit of government

 

that are not currently connected.

 

     (b) Will provide access to tourist attractions, food service

 

establishments, fuel, or other services within a reasonable

 

distance from an approved ORV route or trail, including an ORV

 

route or trail on private property that is open for use by the

 

public, as determined by the local unit of government or the

 

department.

 

     (8) (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 under subsection (2),

 

(3), or (5), or (7) 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 under subsection (2), (3), or

 

(5), or (7) 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.

 

     (9) (8) A person, other than a person operating an ORV in an

 

organized ORV event between the hours of sunrise and sunset, shall

 

not operate an ORV pursuant to under this section without


 

displaying a lighted headlight and lighted taillight.

 

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

 

ORV pursuant to under 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 under 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

 

under this section. The requirements of this subsection are in

 

addition to any applicable requirements of section 81129.

 

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

 

on a road under subsection (3) does and a county or this state for

 

a highway open for use under subsection (7) do 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, or highway 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).

 

     (12) (11) Beginning October 19, 1993, 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

 

are, 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 this state, 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.

 

     (13) (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 or highway under 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 under an

 

ordinance adopted under subsection (2), (3), or (5), or with an ORV

 

on a highway open for use under subsection (7), the operator of the

 

ORV shall be considered prima facie negligent.

 

     (14) (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 highway, or public property damaged as a result of the

 

violation.

 

     (15) (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) (14) and damages collected under

 

subsection (13) (14) 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.

 

     (16) (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.

 

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

 

or municipality.

 

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

 

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

 

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

 

     (d) (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.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2012.

 

     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.

 

03046'11 *).

 

     (b) Senate Bill No. ____ or House Bill No. 5614(request no.

 

03046'11 a *).

 

     (c) Senate Bill No. ____ or House Bill No. 5613(request no.

 

03046'11 b *).