HOUSE BILL No. 5497

 

October 1, 2009, Introduced by Reps. Sheltrown, Wayne Schmidt 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 section 81116 (MCL 324.81116), as amended by 2006 PA

 

477.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 81116. (1) The owner of an ORV requiring licensure under

 

this part shall file an application for a license 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 be signed by the owner of the vehicle and

 

shall be accompanied by a fee of $16.25. A person shall not file an

 

application for registration 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, subject to subsection (2), shall be

 

valid for the 12-month period for which it is issued. A Subject to

 

subsection (2), a license shall be issued for the 12-month period

 

beginning April 1 and ending March 31 each year.

 

     (2) A license 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.

 

Licenses 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 year but shall include the words "law

 

enforcement", be black in background color, and otherwise be of

 

uniform design and size.

 

     (3) (2) Dealers A dealer may purchase from the department ORV

 

licenses for resale to owners of vehicles requiring licensure under

 

this part. The department shall refund to dealers 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. The 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) (3) The license 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.

 

     (5) (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 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 is not required.

 

     (6) (5) 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.