HOUSE BILL No. 4166


     February 3, 1999, Introduced by Rep. Callahan and referred to the Committee on Conservation and Outdoor Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending sections 82108, 82118, and 82120 (MCL 324.82108,

   324.82118, and 324.82120), sections 82108 and 82120 as added by

   1995 PA 58 and section 82118 as amended by 1996 PA 183, and by

   adding sections 82107a and 82123a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 82107A.  BY APRIL 1, 2000, THE DEPARTMENT, IN CONSULTA-

 2    TION WITH THE MICHIGAN SNOWMOBILE ADVISORY COMMITTEE, SHALL

 3    DEVELOP AND PRESENT TO THE LEGISLATURE A PLAN TO SHIFT ENFORCE-

 4    MENT OF THIS PART FROM THE DEPARTMENT TO THOSE LOCAL GOVERNMENTAL

 5    UNITS OR GROUPS THAT AGREE TO PROVIDE THIS ENFORCEMENT.

 6         Sec. 82108.  (1) The  department shall design by May 1, 1995

 7     the  minimum content of a comprehensive snowmobile safety

 8    education and training program  , which  shall include the


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 1    preparation and dissemination of snowmobile information and

 2    safety advice to the public and training of operators.  The con-

 3    tent of the program shall include provision for the training of

 4    youthful operators at least 12 but less than  17  18 years of age

 5    and for the issuance of snowmobile safety certificates to those

 6    who successfully complete the training provided under the

 7    program.  A person less than  17  18 years of age who success-

 8    fully completes a training program shall carry the safety certif-

 9    icate on his or her person whenever operating a snowmobile in

10    this state.  The department and the counties shall encourage per-

11    sons  17  18 years of age or over to take the program.

12         (2) The minimum content of a snowmobile safety education and

13    training program shall include the following:

14         (a) Description of the snowmobile and its main parts.

15         (b) Description of machine controls, safety and operating

16    procedures, and loading and towing procedures.

17         (c) General content of snowmobile and highway laws and

18    rules.

19         (d) Safety hazards of operation, including possible hearing

20    damage, and environmental consequences of snowmobile use.

21         (e) Performance and written tests.

22         (f) Familiarization with the snowmobile trail system in this

23    state.

24         (G) SNOWMOBILE CODE OF ETHICS.

25         (3) The fee charged by a county for a training program shall

26    be not more than $5.00.





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 1         (4) In implementing a program that is established pursuant

 2    to this section, the department shall cooperate with private

 3    organizations and associations, private and public corporations,

 4    schools, and local governmental units.  The department shall con-

 5    sult with the department of state police and county sheriffs in

 6    regard to subject matter of a training program and performance

 7    testing that leads to certification of snowmobile operators.

 8    However, a county may expand the course content beyond the mini-

 9    mum requirements established by subsection (2).

10         (5) The department may designate any person it considers

11    qualified to provide course instruction and to award snowmobile

12    safety certificates.

13         (6) A person less than  17  18 years of age who fails to

14    have a safety certificate on his or her person is subject to a

15    fine of not more than $25.00.

16         (7) A person who has a valid safety certificate from another

17    state or province shall not be required to complete the safety

18    education and training program in this state.

19         Sec. 82118.  (1) In addition to registration of a snowmobile

20    pursuant to section 82105 or registration in another state or

21    province,  beginning October 1, 1994,  except as otherwise pro-

22    vided in this section, a person who desires to operate a snowmo-

23    bile in this state shall purchase a Michigan snowmobile trail

24    permit sticker.  The Michigan snowmobile trail permit issued

25    under this section shall be valid for a period of 1 year  which 

26    THAT begins on October 1 and ends on the following September 30.

27    The fee for the permit is AS FOLLOWS:



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 1         (A) $10.00 UNTIL SEPTEMBER 30, 1999.

 2         (B) $15.00 BEGINNING OCTOBER 1, 1999 UNTIL SEPTEMBER 30,

 3    2002.

 4         (C) $20.00 BEGINNING OCTOBER 1, 2002 UNTIL SEPTEMBER 30,

 5    2005.

 6         (D) $25.00 BEGINNING OCTOBER 1, 2005.

 7         (2) Fifty cents of the fee shall be retained by the depart-

 8    ment for administrative costs.  Fifty cents of the fee shall be

 9    retained by the agent selling the permit.  Nine dollars  THE

10    BALANCE of the fee shall be credited to the recreational snowmo-

11    bile trail improvement fund created in section 82110.

12         (3)  (2)  The trail permit sticker shall be permanently

13    affixed to the forward half of the snowmobile directly above or

14    below the headlight of the snowmobile.

15         (4)  (3)  The department may contract with a person to act

16    as an agent for the purpose of issuing Michigan snowmobile trail

17    permits.  The department shall sell the permits to agents in

18    bulk.  Agents may obtain a refund from the department for any

19    permits that are not sold.

20         (5)  (4)  An agent who uses or allows the use of a permit by

21    anyone except the snowmobile user to whom the permit is sold is

22    guilty of a misdemeanor, punishable by a fine of $50.00 for each

23    instance of such use or allowed use.

24         (6)  (5)  The department of state may suspend a certificate

25    of registration  when  IF the department of state determines that

26    the required fee has not been paid and IT remains unpaid after

27    reasonable notice or demand.  In addition to the required fee, a



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 1    $10.00 penalty shall be assessed and collected against any person

 2    who tenders an insufficient check or draft in payment of the

 3    fee.

 4         (7)  (6)  A snowmobile used solely for transportation on the

 5    frozen surface of public waters for the purpose of ice fishing is

 6    exempt from the requirement of purchasing and displaying a snow-

 7    mobile trail permit sticker under this section.

 8         (8)  (7)  A person shall not charge a fee for a snowmobile

 9    trail permit in an amount that is greater than the fee printed on

10    the face of the permit.

11         (9)  (8)  To obtain a snowmobile trail permit, an applicant

12    must provide all information required on the permit application.

13         (10)  (9)  A person who fails to secure a permit under this

14    section or who violates subsection  (2)  (3) is responsible for a

15    state civil infraction and may be ordered to pay a civil fine of

16    not more than $50.00.

17         Sec. 82120.  (1) A parent or legal guardian shall not permit

18    his or her child who is less than 12 years of age to operate a

19    snowmobile without the direct supervision of an adult except on

20    land owned or under the control of the parent or legal guardian.

21         (2) A person who is at least 12 but less than  17  18 years

22    of age may operate a snowmobile if 1 of the following conditions

23    exist:

24         (a) The person is under the direct supervision of a person

25    who is 21 years of age or older.







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 1         (b) The person has in his or her immediate possession a

 2    snowmobile safety certificate issued pursuant to a program

 3    conducted under section  82107  82108.

 4         (c) The person is on land owned or under the control of his

 5    or her parent or legal guardian.

 6         (d) The person possesses a snowmobile safety certificate

 7    issued to the person under the authority of a law of another

 8    state or province of Canada.

 9         (3) A person who is operating a snowmobile pursuant to sub-

10    section (2)(b) shall present the snowmobile safety certificate to

11    any peace officer upon demand.

12         (4) Notwithstanding section 82119, an operator who is less

13    than  12  14 years of age shall not cross a highway or street.

14    An operator who is at least  12  14 years of age but less than

15     17  18 years of age may cross a highway or street only if he or

16    she has a valid snowmobile safety certificate in his or her imme-

17    diate possession.

18         (5) The owner of a snowmobile shall not permit the snowmo-

19    bile to be operated contrary to this section.

20         (6) When the judge of  a juvenile  THE FAMILY DIVISION OF

21    CIRCUIT court determines that a person who is less than  17  18

22    years of age has violated this part, the judge shall immediately

23    report the determination to the department.  The department upon

24    receiving a notice of a determination pursuant to this subsection

25    may suspend the snowmobile safety certificate without a hearing.







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 1         SEC. 82123A.  A PERSON SHALL NOT OPERATE, OFFER FOR SALE, OR

 2    SELL A SNOWMOBILE MANUFACTURED AFTER JANUARY 1, 2000 THAT HAS A

 3    WIDTH GREATER THAN 48 INCHES.


















































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