state of michigan

102nd Legislature

Regular session of 2023

Introduced by Reps. Hill, Aragona, Hood, Glanville, Rheingans, Conlin, Roth, Steckloff, Breen, Coffia, Miller and Andrews

ENROLLED HOUSE BILL No. 4515

AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 81116 (MCL 324.81116), as amended by 2022 PA 57.

The People of the State of Michigan enact:

Sec. 81116. (1) To obtain a license required under this part, the owner of an ORV shall file an application with the department or a dealer on forms provided by the department. If an ORV is sold by a dealer, the application for a license shall be submitted to the department by the dealer in the name of the owner. The application shall include a certification. The owner of the vehicle shall sign the application or, if the application is filed electronically, provide information requested by the department to verify the owner’s identity. The application shall be accompanied by a fee as provided in subsection (2). A person shall not file an application for a license that contains false information. Upon receipt of the application in approved form and payment of the appropriate fee, the department or dealer shall issue to the applicant a license. A license is valid for the 12-month period beginning April 1 and ending the following March 31.

(2) The fee for a license is as follows:

(a) Except as provided in subdivision (b), $26.25.

(b) If the license authorizes operation of the ORV on state ORV trails, $36.25.

(3) A dealer may purchase from the department ORV licenses for resale to owners of vehicles that require a license under this part. The department shall refund to a dealer the purchase price of any ORV licenses returned within 90 days after the end of the 12-month period for which they were valid. A dealer shall maintain and provide to the department records of ORV license sales on forms provided by the department. In addition to the sale of ORV licenses, a dealer engaged in the sale, lease, or rental of ORVs 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.

(4) Before a vehicle that requires an ORV license is operated, the owner shall ensure that a license is permanently attached to the vehicle in the manner prescribed by and, subject to this subsection, in the location designated by the department. The license for a 2-wheel vehicle shall be attached as provided in either of the following:

(a) Centered on the exposed surface of the rear fender.

(b) Located at a visible place facing forward on a front suspension fork.

(5) If, when a vehicle that otherwise requires a license under this part is sold, the purchaser certifies on a form provided by the department that the vehicle will be used and stored outside of this state and will not be returned by the purchaser to this state for use, a license is not required for the vehicle.

(6) If a license acquired by the owner of an ORV is lost or destroyed, the department shall provide that person with a replacement license free of charge. The department may require a person requesting a replacement license to supply sufficient evidence of the loss or destruction of the original license.

A close-up of a signature

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Clerk of the House of Representatives

 

Secretary of the Senate

Approved___________________________________________

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Governor