HOUSE BILL No. 5496
October 1, 2009, Introduced by Reps. Wayne Schmidt, Sheltrown and Mayes 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 82105 and 82113 (MCL 324.82105 and 324.82113),
section 82105 as amended by 2008 PA 399 and section 82113 as
amended by 1998 PA 297.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 82105. (1) Before operating a snowmobile requiring
registration in this state, the owner shall apply for registration
with the department of state on forms provided by the department of
state. If the snowmobile was purchased from a retail dealer in this
state, application for initial registration shall be made with the
dealer at the point of sale. The dealer shall issue a temporary
registration permit in a form received from and approved by the
department of state that is valid for 15 days after the date of
sale. Each retail dealer shall submit applications for
registrations and fees to the department of state not less than
once each week. The application shall include the new owner's
signature, and, beginning July 1, 2009, the new owner's name, and
bona fide residence address and the names and addresses of holders
of any security interest in the snowmobile and its accessories in
the order of priority. The application shall be accompanied by a
fee of $22.00 if paid before July 1, 2009 or $30.00. if paid on or
after July 1, 2009. Upon receipt of the application in approved
form, the department of state shall enter the application upon its
records and issue to the applicant a certificate of registration
and decal. The certificate of registration shall contain the number
awarded to the snowmobile, the name and address of the owner, other
information the department of state considers necessary, and,
beginning July 1, 2009, the name and address of the holders of
secured interests. A person shall not operate a snowmobile that is
required to be registered in this state unless the person possesses
the certificate of registration in legible form. The person shall
make the certificate of registration available for inspection upon
demand by a peace officer.
(2) If the secretary of state is not satisfied as to the
ownership of a snowmobile that is worth more than $2,500.00, before
registering the snowmobile and issuing a certificate of
registration, the secretary of state may require the applicant to
file a properly executed surety bond in a form prescribed by the
secretary of state and executed by the applicant and a company
authorized to conduct a surety business in this state. The bond
shall be in an amount equal to twice the value of the snowmobile as
determined by the secretary of state and shall be conditioned to
indemnify or reimburse the secretary of state, any prior owner, and
any subsequent purchaser of the snowmobile and their successors in
interest against any expense, loss, or damage, including reasonable
attorney fees, incurred as a result of the issuance of a
certificate of registration for the snowmobile or any defect in the
right, title, or interest of the applicant in the snowmobile. An
interested person has a right of action to recover on the bond for
a breach of the conditions of the bond, but the aggregate liability
of the surety to all persons shall not exceed the amount of the
bond. The bond shall be returned at the end of 3 years, or before 3
years if the snowmobile is no longer registered in this state and
the current valid certificate of registration is surrendered to the
secretary of state, unless the secretary of state has received
notification of the pendency of an action to recover on the bond.
If the secretary of state is not satisfied as to the ownership of a
snowmobile that is worth $2,500.00 or less, the secretary of state
shall require the applicant to certify that the applicant is the
owner of the snowmobile and entitled to register the snowmobile.
(3) The Subject to subsection (4), the certificate of
registration and registration decal authorizes the operation of the
snowmobile for a 3-year period that begins on October 1 and expires
on September 30 of the third year. The certificate of registration
and registration decal may be renewed beginning July 1 of the
expiration year by payment of a fee of $22.00 before July 1, 2009
or $30.00. on or after July 1, 2009. The registration decal shall
be displayed as prescribed by rule promulgated by the department of
state.
(4) A certificate of registration and registration decal
issued to a state, county, or municipal law enforcement agency more
than 180 days after the effective date of the amendatory act that
added this subsection does not expire.
(5) (4) The department of state may destroy a record of a
certificate of registration 7 years after expiration of the
certificate.
Sec. 82113. (1) The owner of a snowmobile having been issued a
certificate of registration for the snowmobile shall affix to each
side of the forward half of the cowl above the footwell of the
snowmobile the registration decal assigned to that snowmobile. The
registration decal shall be as prescribed by the department.
Beginning July 1, 1999Subject to subsection (2), the registration
decal shall include the registration expiration date. and . The
registration decal shall also include the registration number, and
which shall contain 2 letters and 4 numbers. The letters and
numbers shall contrast with the background so as to be distinctly
visible and legible. A number other than the number awarded to the
snowmobile on the registration certificate, or granted reciprocity
under this part, shall not be attached or otherwise displayed on
the snowmobile.
(2) Registration decals issued to state, county, and municipal
law enforcement agencies more than 180 days after the effective
date of the amendatory act that added this subsection shall not
include a registration expiration date but shall include the words
"law enforcement", be black in background color, and otherwise be
of uniform design and size.
(3) (2) Not earlier than 90 days before the expiration date of
a certificate, a registration decal or other device may be issued
indicating that the certificate of registration is in full force
and effect.
(4) (3) A certificate of registration shall expire expires
pursuant to section 82105.
(5) (4) The department of state may award a certificate of
number directly or may authorize a person to act as its agent for
the awarding of a certificate of number.