HOUSE BILL No. 5090

 

August 10, 2005, Introduced by Rep. Lemmons, III and referred to the Committee on Banking and Financial Services.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 82103, 82105, 82106, and 82116 (MCL 324.82103,

 

324.82105, 324.82106, and 324.82116), sections 82103 and 82116 as

 

added by 1995 PA 58, section 82105 as amended by 1998 PA 297, and

 

section 82106 as amended by 2004 PA 587, and by adding sections

 

82103a, 82103b, 82103c, 82103d, 82103e, 82103f, 82103g, 82103h,

 

82103i, 82103j, 82103k, 82103l, and 82116a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 82103. (1) Except as otherwise provided, a snowmobile

 

shall not be operated unless the owner first makes application for

 

a certificate of title and obtains a certificate of registration

 

and a registration decal. The application for a certificate of

 


title shall be made and a certificate of registration shall be

 

secured at the time of purchase or transfer of ownership. A

 

certificate of registration or a registration decal is not required

 

for a snowmobile operated exclusively on lands owned or under the

 

control of the snowmobile owner or for a snowmobile used entirely

 

in a safety education and training program conducted by a certified

 

snowmobile safety instructor and authorized  pursuant to  under

 

section 82108 or for a snowmobile registered in another state and

 

used temporarily in this state for not more than 60 days.

 

     (2) A person who  is convicted of a violation of  violates

 

this section  shall be fined  is subject to a civil fine of not

 

more than $50.00 plus costs.

 

     Sec. 82103a. (1) After July 1, 2006, each snowmobile sold by a

 

dealer to a retail purchaser is subject to the certificate of title

 

provisions of this part.

 

     (2) After July 1, 2006, a person who purchases or otherwise

 

acquires a new or used snowmobile shall apply for a certificate of

 

title as provided in this part.

 

     (3) After July 1, 2006, the owner of a snowmobile that has not

 

been titled under subsection (1) or (2) may apply for and, if

 

otherwise eligible, receive a certificate of title issued under

 

this part.

 

     Sec. 82103b. After a snowmobile has been titled under this

 

part, both of the following shall occur:

 

     (a) The owner shall not sell or otherwise assign ownership in

 

the snowmobile without delivering to the transferee a certificate

 

of title showing assignment of the snowmobile in the transferee's

 


name.

 

     (b) A person shall not purchase or otherwise acquire a

 

snowmobile without obtaining a certificate of title for the

 

snowmobile in the manner provided in this part.

 

     Sec. 82103c. (1) A manufacturer, importer, dealer, or other

 

person shall not sell or otherwise transfer a new snowmobile to a

 

dealer, to be used by the dealer for purposes of display and

 

resale, without delivering to the dealer a manufacturer's

 

certificate of origin executed in accordance with this section. A

 

dealer shall not purchase or otherwise acquire a new snowmobile

 

without obtaining a manufacturer's certificate of origin.

 

     (2) A manufacturer's certificate of origin shall contain the

 

following information:

 

     (a) A description of the snowmobile, including year, make,

 

model or series, and vehicle identification number.

 

     (b) Certification of the date of the snowmobile's transfer to

 

the dealer.

 

     (c) The dealer's name and address.

 

     (d) Certification that this transaction is the first transfer

 

of the new snowmobile in ordinary commerce.

 

     (e) The transferor's signature and address.

 

     (3) An assignment of a manufacturer's certificate of origin

 

shall be printed on the certificate. The assignment shall include

 

the name and address of the transferee, a certification that the

 

snowmobile is new, and a warranty that the transferor's ownership

 

rights at the time of delivery are subject only to the secured

 

interests set forth in the assignment.

 


     Sec. 82103d. An application for a snowmobile certificate of

 

title shall be as prescribed by the department of state and

 

accompanied by the required fees. The application shall be

 

certified by the owner or purchaser and shall contain, in addition

 

to other information required by the department of state, the

 

following information:

 

     (a) The applicant's name and bona fide residence address of

 

the owner or business address of a firm, association, or

 

corporation.

 

     (b) A statement of any security interest or other liens on the

 

snowmobile, along with the name and address of any lienholder.

 

     (c) If a lien is not outstanding, a statement of that fact.

 

     (d) A description of the snowmobile, including the year, make,

 

model or series, and vehicle identification number.

 

     Sec. 82103e. (1) Except as provided in subsection (2), the

 

purchaser or transferee of a snowmobile, within 15 days after the

 

date of purchase or transfer, shall apply to the department of

 

state for issuance of a certificate of title for the snowmobile.

 

     (2) A dealer selling snowmobiles at retail, within 15 days

 

after delivering a snowmobile to a retail purchaser, shall apply

 

for issuance of a snowmobile certificate of title in the

 

purchaser's name. The purchaser of the snowmobile shall sign the

 

application and other papers necessary to enable the dealer to

 

secure the title from the department of state. If the snowmobile

 

was manufactured after July 1, 2006, and was not previously titled,

 

the application shall be accompanied by a manufacturer's

 

certificate of origin.

 


     (3) At the request of an applicant, the department of state

 

shall process an application for a snowmobile certificate of title

 

on an expedited basis. The department of state may choose any

 

method to expedite a certificate of title.

 

     (4) An application filed with the department of state under

 

this section shall be accompanied by the fee or fees prescribed in

 

section 82103f.

 

     (5) Beginning July 1, 2006, a person who violates this section

 

is subject to a civil fine of not more than $100.00 plus costs.

 

     Sec. 82103f. (1) The department of state shall charge a fee of

 

$15.00 for processing an application for a snowmobile certificate

 

of title or a duplicate snowmobile certificate of title. The

 

department of state shall charge additional fees for a snowmobile

 

certificate of title as follows:

 

     (a) For processing an application on an expedited basis upon

 

the request of the transferor or transferee or anyone who seeks an

 

expedited title transaction for the transferor or transferee, a

 

charge of $5.00 plus any expedited mailing or delivery costs.

 

     (b) If an application for a snowmobile certificate of title is

 

not made and the fee paid within 15 days as provided in section

 

82103e, a transfer of the snowmobile's ownership may be effected

 

and a valid certificate of title issued by the department of state

 

only upon payment of a late transfer fee of $15.00.

 

     (2) The department of state shall charge a fee of $22.00 for

 

processing an application for a snowmobile registration under

 

section 82105.

 

     (3) The department of state shall charge a fee of $10.00 for a

 


vehicle number replaced on or assigned to a snowmobile by the

 

department of state under section 82116a.

 

     (4) If a check or draft in payment of a required fee is not

 

paid on its first presentation, the fee is delinquent as of the

 

date the check or draft was tendered. The person tendering the

 

check or draft remains liable for the payment of each fee and any

 

penalty.

 

     (5) The department of state may suspend the operator's or

 

chauffeur's license issued under the Michigan vehicle code, 1949 PA

 

300, MCL 257.1 to 257.923, of the person tendering the check or

 

draft for a snowmobile certificate of title or its registration if

 

the department of state has determined that a fee prescribed in

 

this section has not been paid and remains unpaid after reasonable

 

notice or demand.

 

     (6) If a fee is still delinquent 15 days after the department

 

of state has given notice to a person who tendered the check or

 

draft, a $25.00 penalty shall be assessed and collected in addition

 

to the fee.

 

     (7) Except as otherwise provided in this part, the title fees

 

and penalties collected under this section shall be deposited in

 

the general fund and used first to defray the administrative costs

 

of the department of state required by the title provisions of this

 

part. Any money not required for administration of the title

 

provisions of this part shall be credited each year to the

 

recreational snowmobile trail improvement fund.

 

     Sec. 82103g. (1) The department of state may refuse to issue a

 

snowmobile certificate of title if any of the following occur:

 


     (a) The applicant has failed to furnish all required

 

information or reasonable additional information requested by the

 

department of state.

 

     (b) The required fees have not been paid.

 

     (c) The applicant is not entitled to a snowmobile certificate

 

of title under this part.

 

     (d) The application contains a false or fraudulent statement.

 

     (e) The department of state has reasonable grounds to believe

 

that the snowmobile was stolen or embezzled.

 

     (2) If satisfied that the applicant is the owner of the

 

snowmobile and is otherwise entitled to a snowmobile certificate of

 

title, the department of state shall issue a snowmobile certificate

 

of title in the applicant's name. The certificate shall be mailed

 

or otherwise delivered to the owner of the snowmobile or to another

 

person specified by the owner in a separate instrument that is in a

 

form prescribed by the department of state.

 

     (3) If the department of state is not satisfied as to the

 

ownership of a snowmobile that is less than 6 years old and whose

 

value is over $2,500.00, before titling the snowmobile and issuing

 

a certificate of title, the department of state may require the

 

applicant to file a properly executed surety bond in a form

 

prescribed by the department 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 department of state and shall

 

be conditioned to indemnify or reimburse the department 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, by reason of the issuance of a

 

certificate of title to the snowmobile or on account of 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 titled in

 

this state and the currently valid certificate of title is

 

surrendered to the department of state, unless the department of

 

state has received notification of the pendency of an action to

 

recover on the bond.

 

     (4) If the department of state is not satisfied as to the

 

ownership of a snowmobile that is at least 6 years old and whose

 

value does not exceed $2,500.00, the department of state shall

 

require the applicant to certify that the applicant is the owner of

 

the snowmobile and entitled to title the snowmobile.

 

     Sec. 82103h. (1) A snowmobile certificate of title shall be

 

manufactured in a manner to prohibit as nearly as possible the

 

ability to reproduce, alter, counterfeit, forge, or duplicate the

 

certificate without ready detection and shall contain on its face

 

the information set forth in the application, including a notation

 

of all secured interests in the snowmobile; the date on which the

 

application was filed; and other information required by the

 

department of state.

 

     (2) The department of state shall prescribe a uniform method

 


of numbering snowmobile certificates of title.

 

     (3) A snowmobile certificate of title shall contain a form for

 

assignment and warranty of title by the owner with space for the

 

notation of a security interest in the snowmobile. The snowmobile

 

certificate of title may also contain other forms that the

 

department of state considers necessary to facilitate the effective

 

administration of this part. The certificate shall bear the coat of

 

arms of this state.

 

     (4) A person who intentionally reproduces, alters,

 

counterfeits, forges, or duplicates a snowmobile certificate of

 

title or who uses a reproduced, altered, counterfeited, forged, or

 

duplicated snowmobile certificate of title is subject to the

 

following penalties:

 

     (a) If the intent of reproduction, alteration, counterfeiting,

 

forging, duplication, or use was to commit or aid in the commission

 

of an offense punishable by imprisonment for more than 1 year, the

 

person committing the reproduction, alteration, counterfeiting,

 

forging, duplication, or use is guilty of a felony, punishable by

 

imprisonment for a period equal to that which could be imposed for

 

the commission of the offense the person had the intent to aid or

 

commit. The court may also assess a fine of not more than $5,000.00

 

against the person.

 

     (b) If the intent of the reproduction, alteration,

 

counterfeiting, forging, duplication, or use was to commit or aid

 

in the commission of an offense punishable by imprisonment for not

 

more than 1 year, the person committing the reproduction,

 

alteration, counterfeiting, forging, duplication, or use is guilty

 


of a misdemeanor, punishable by imprisonment for not more than 1

 

year, or a fine of not more than $1,000.00, or both.

 

     Sec. 82103i. (1) If the transfer of ownership of a snowmobile

 

is by operation of law, such as upon inheritance, devise, bequest,

 

order in bankruptcy, insolvency, replevin, or execution of sale, if

 

a snowmobile is sold to satisfy a storage or repair charge, or if

 

repossession is had upon default in performance of the terms of a

 

security agreement, upon the surrender of the prior certificate of

 

title or the manufacturer's or importer's certificate, or, if that

 

is not possible, upon presentation of satisfactory proof to the

 

department of state of ownership and a right of possession to the

 

snowmobile, and upon payment of the fees prescribed in section

 

82103f and presentation of an application for a certificate of

 

title, the department of state may issue to the applicant a

 

certificate of title to the snowmobile. A certification by the

 

person or agent of the person to whom possession of the snowmobile

 

passed, setting forth the facts entitling the person to possession

 

and ownership, together with a copy of the journal entry, court

 

order, or instrument upon which the claim of possession and

 

ownership is founded, is satisfactory proof of ownership and right

 

of possession. If the applicant cannot produce proof of ownership,

 

the applicant may apply to the department of state and submit

 

evidence the applicant has, and the department of state, if the

 

department finds the evidence sufficient, may then issue a

 

certificate of title. If, from the records in the office of the

 

department of state, a lien appears to be on the snowmobile, the

 

certificate of title shall contain a statement of the lien, unless

 


the application is accompanied by proper evidence of termination of

 

the lien.

 

     (2) Upon the death of an owner of 1 or more snowmobiles with a

 

total value of not more than $25,000.00, who does not leave other

 

property necessitating probate, and who does not have a will, the

 

spouse or heirs of the decedent specified in section 2103 of the

 

estates and protected individuals code, 1998 PA 386, MCL 700.2103,

 

may apply for a certificate of title. The application shall be

 

accompanied by all of the following:

 

     (a) A certification setting forth the fact that the applicant

 

is the surviving spouse or an heir or heirs of the decedent.

 

     (b) A copy of the decedent's death certificate.

 

     (c) A certified statement setting forth the names and

 

addresses of any other immediate heirs.

 

     (d) A certified statement stating that creditors of the

 

decedent do not exist or, if they do exist, an original discharge

 

or termination statement executed by each creditor.

 

     (e) A payment of the fees prescribed by section 82103f.

 

     Sec. 82103j. (1) If a certificate of title is lost, mutilated,

 

or becomes illegible, application shall be made to the department

 

of state by the owner of the snowmobile for a duplicate copy of the

 

certificate of title upon a form prescribed by the department of

 

state and accompanied by the fees prescribed by section 82103f. The

 

application shall be certified by the person submitting the

 

application. The department of state shall then issue a duplicate

 

copy of the certificate of title to the person entitled to receive

 

the duplicate copy under this act. Each duplicate certificate of

 


title shall contain the legend, "this is a duplicate certificate

 

and may be subject to the rights of a person under the original

 

certificate", and shall be delivered to the person entitled to

 

possession. A subsequent purchaser of the snowmobile in the chain

 

of title originating through the duplicate copy acquires only those

 

rights which the original holder of the certified copy had in the

 

snowmobile. At the time of purchase, a purchaser of the snowmobile

 

may require the seller to indemnify the purchaser and subsequent

 

purchasers of the snowmobile against a loss that the purchaser or

 

subsequent purchasers may suffer by reason of a claim presented

 

upon the original certificate. If the original certificate of title

 

is recovered by the owner, the owner shall immediately surrender it

 

to the department of state for cancellation.

 

     (2) If a certificate of title is lost at the time that

 

ownership of the snowmobile is to be transferred to another person,

 

the department of state need not issue a duplicate certificate of

 

title if all of the following are met:

 

     (a) The person from whom ownership of the snowmobile is to be

 

transferred appears in person at a department of state office and

 

supplies evidence satisfactory to the department of state of his or

 

her identity and his or her ownership of the snowmobile and pays

 

the duplicate certificate of title fee required under section

 

82103f.

 

     (b) The person to whom the snowmobile is to be transferred, or

 

his or her legal representative, accompanies the person described

 

under subdivision (a) and applies for an original certificate of

 

title, supplies evidence satisfactory to the department of state of

 


his or her identity, and pays the fees required under section

 

82103f.

 

     (3) If the department of state does not issue a duplicate

 

certificate of title under subsection (2), the department of

 

state's records shall indicate the transfer of the snowmobile

 

without a surrender of the certificate of title.

 

     Sec. 82103k. (1) The department of state shall maintain 1 or

 

more indexes pertaining to snowmobile certificates of title. Upon

 

receiving an application for a snowmobile certificate of title, the

 

department of state may check the information in the application

 

and accompanying documents against the indexes of titled,

 

registered, stolen, and recovered snowmobiles and against other

 

records maintained by the department of state.

 

     (2) The department of state shall examine and determine the

 

genuineness, regularity, and legality of every application for a

 

snowmobile certificate of title or registration certificate and may

 

in all cases make investigation as may be considered necessary or

 

require additional information. The department of state shall

 

reject any application if not satisfied with the genuineness,

 

regularity, or legality of the application or the truth of any

 

statement contained in the application, or for any other reason,

 

when authorized by law.

 

     (3) The department of state may take possession of any

 

snowmobile certificate of title, registration certificate, or

 

registration decal issued by it upon expiration, revocation,

 

cancellation, or suspension of the title, certificate, or decal, or

 

that is fictitious or that was unlawfully or erroneously issued.

 


The department of state or any agent of the department may take

 

possession and custody of any registration decal or number found

 

attached to any snowmobile for which the decal or number was not

 

issued, or when any other unlawful use is being made of the decal

 

or number. Expiration, revocation, cancellation, or suspension of a

 

snowmobile certificate of title does not, in itself, affect the

 

validity of a security interest noted on the certificate of title.

 

     Sec. 82103l. (1) Records of the department of state made and

 

kept under this part shall be public records, except as otherwise

 

provided in this act.

 

     (2) The department of state may provide a commercial look-up

 

service of snowmobile title and registration records on a fee

 

basis. A person shall be charged the fee for each transfer

 

transaction contained in the title or records. The department of

 

state shall not process a commercial look-up request unless it is

 

in a form prescribed by the department of state.

 

     (3) The department of state shall furnish information on a

 

title without charge to authorized law enforcement and conservation

 

officers when engaged in official duties.

 

     (4) The department of state may purge a record of a snowmobile

 

certificate of title and any record pertaining to it 10 years after

 

the title was issued or the record was made or received if the

 

snowmobile's registration is expired or canceled for not less than

 

3 years.

 

     Sec. 82105. (1) The owner of each snowmobile requiring

 

registration by this state before operation of the snowmobile in

 

this state shall file an application for registration, accompanied

 


by the required fees, 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 registrations and fees to the department of state not less

 

than once each week. The application shall be signed by the owner

 

of the snowmobile.  and shall be accompanied by a fee of $22.00.  

 

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, and other information the

 

department of state considers necessary. The certificate of

 

registration shall be pocket-size, shall accompany the vehicle,

 

shall be legible, and shall be made available for inspection upon

 

demand by a peace officer.

 

     (2) If the department of state is not satisfied as to the

 

ownership of a snowmobile that is less than 6 years old and whose

 

value is over $2,500.00, before registering the snowmobile and

 

issuing a certificate of registration, the department of state may

 

require the applicant to file a properly executed surety bond in a

 

form prescribed by the department 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 department of state and

 

shall be conditioned to indemnify or reimburse the department 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, by reason of

 

the issuance of a certificate of registration for the snowmobile or

 

on account of 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 currently valid certificate

 

of registration is surrendered to the department of state, unless

 

the department of state has received notification of the pendency

 

of an action to recover on the bond.

 

     (3) If the department of state is not satisfied as to the

 

ownership of a snowmobile that is at least 6 years old and whose

 

value does not exceed $2,500.00, the department of state shall

 

require the applicant to certify that the applicant is the owner of

 

the snowmobile and entitled to register the snowmobile.

 

     (4)   (2) The owner of a snowmobile at the time application

 

for a certificate of registration is made shall pay a fee of $22.00

 

and be issued a certificate of registration and a registration

 

decal.  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 by payment of  a  the fee  of $22.00  required under

 

section 82103f beginning July 1 of the expiration year. The

 

registration decal shall be displayed as prescribed by rule

 

promulgated by the department of state.

 

     (5)   (3)  The department of state may destroy a record of a

 

certificate of registration 5 years after expiration of the

 

certificate.

 

     (6) If a person sells or transfers a snowmobile and the

 

transferee does not apply for a snowmobile registration in his or

 

her name within 30 days after the transfer under this part, the

 

department of state shall cancel the registration on the snowmobile

 

that is in the transferor's name.

 

     Sec. 82106. (1) Except as otherwise provided in this part,

 

revenue received from the registration fees under this part shall

 

be deposited as follows:

 

     (a) Seventeen dollars of each registration fee shall be

 

deposited into the snowmobile registration fee  subaccount.

 

However, if the balance of the snowmobile registration fee 

 

subaccount exceeds $1,600,000.00 at any time, the state treasurer

 

shall transfer all amounts in excess of $1,600,000.00 to the

 

recreational snowmobile trail improvement  subaccount. From the

 

revenue deposited in the snowmobile registration fee  subaccount

 

under this part, the legislature shall make an annual appropriation

 

as follows:

 

     (i) Not more than $3.00 from each registration fee collected

 

during each fiscal year shall be appropriated to the department of

 


state for administration of the registration provisions of this

 

part. At the close of each state fiscal year, any funds

 

appropriated under this subparagraph but not expended shall be

 

credited to the recreational snowmobile trail improvement 

 

subaccount. Additionally, if less than $3.00 from each registration

 

fee is appropriated to the department of state, the state treasurer

 

shall transfer the difference between $3.00 and the amount

 

appropriated from each registration fee to the recreational

 

snowmobile trail improvement  subaccount.

 

     (ii) Fourteen dollars from each registration fee collected

 

during each fiscal year shall be appropriated to the department for

 

purposes set forth in section 82107, including financial assistance

 

to county sheriff departments and local law enforcement agencies

 

for local snowmobile programs. Any money appropriated but not

 

expended under this subparagraph shall be credited each year to the

 

snowmobile registration fee  subaccount.

 

     (b) Five dollars from each registration fee shall be deposited

 

in the recreational snowmobile trail improvement  subaccount and

 

shall be administered by the department for the purposes of

 

planning, construction, maintenance, and acquisition of trails and

 

areas for the use of snowmobiles, or access to those trails and

 

areas, and basic snowmobile facilities. Consideration shall be

 

given in planning the expenditures of the funds to providing

 

recreational opportunities for bicyclists, hikers, equestrians, and

 

other nonconflicting recreational trail users as ancillary benefits

 

of the program.

 

     (2) The department shall designate a state recreational trail

 


coordinator and shall maintain a comprehensive plan for

 

implementing a statewide recreational and snowmobile trails system.

 

The comprehensive plan shall be reviewed and updated each year by

 

the department.

 

     (3) The money appropriated under this section to the

 

department for snowmobile trails and areas, for access to those

 

trails or areas, and for basic snowmobile facilities may be

 

expended for the acquisition, development, and maintenance on any

 

land in the state. This money may be used to purchase lands or

 

secure easements, leases, permits, or other appropriate agreements

 

permitting use of private property for snowmobile trails, basic

 

facilities, and areas which may be used by bicyclists, hikers,

 

equestrians, and other nonconflicting off-season recreational trail

 

users, if the easements, leases, permits, or other agreements

 

provide public access to the trail, use areas, and support

 

facilities.

 

     (4) Recreational trail facilities or major improvements shall

 

not be constructed on private land unless a written agreement in

 

the form of an easement, lease, or permit for a public trail right-

 

of-way having a term of not less than 5 years is made between the

 

owner of the land and the department.

 

     (5) The money appropriated under this section shall be

 

expended in a manner and as part of the overall plan of the

 

department for an interconnecting network of statewide snowmobile

 

trails and use areas giving consideration to expected snowfall and

 

availability for use with adequate snow cover. Consideration shall

 

be given in the plan for alternative nonconflicting off-season

 


recreational trail uses.

 

     (6) The registration fees charged under section 82105 and the

 

title fees charged under section 82103f shall be adjusted July 1,

 

2010 and every 10 years thereafter by the aggregate percentage

 

increase in the consumer price index for the 10-year period rounded

 

down to the nearest whole dollar. If necessary after the

 

adjustments provided by this subsection are made, the allocation of

 

the registration fees under section 82106 shall also be adjusted

 

accordingly.

 

     Sec. 82116. (1) A snowmobile that is manufactured after

 

December 1, 1972 for sale in this state shall have an identifying

 

number that is stamped into the frame of the snowmobile or into a

 

plate affixed to the frame and is unique from an identifying number

 

on any other snowmobile. The number shall be stamped in a place

 

where it is easily visible with a minimum of physical effort and it

 

shall be termed the vehicle number. A manufacturer shall furnish to

 

a requesting police agency, to the department of state, and to the

 

department information as to the location of vehicle numbers on

 

snowmobiles it produces. The vehicle number shall be printed on

 

both the certificate of title and the certificate of registration

 

issued by the department of state to the owner.

 

     (2) Possession of a snowmobile with an altered, defaced, or

 

obliterated vehicle number is a misdemeanor, punishable by

 

imprisonment for not more than 1 year, or by a fine of not more

 

than $1,000.00, or both.

 

     Sec. 82116a. (1) The owner of a snowmobile whose vehicle

 

number has been altered, removed, or defaced, including the owner

 


of a snowmobile who intends to title the snowmobile as an assembled

 

snowmobile, shall apply, in a form prescribed by the department of

 

state, to the department of state for a special identifying number

 

accompanied by an application for a certificate of title and the

 

required fees. The owner shall furnish the information that will

 

satisfy the department of state that he or she is the owner and,

 

after being satisfied, the department of state shall assign a

 

special identifying number for the snowmobile, preceded by a symbol

 

indicating this state. The department of state shall maintain a

 

record of assigned special identifying numbers. The special

 

identifying number shall be applied to the snowmobile as directed

 

by the department of state, and upon verification by the department

 

of state that the number is affixed to the snowmobile, the special

 

number shall be regarded as the identifying number of the

 

snowmobile.

 

     (2) The owner of a snowmobile whose vehicle number is missing

 

shall apply, in a form prescribed by the department of state, to

 

the department of state for a replacement vehicle number

 

accompanied by the fee required by section 82103f. The owner shall

 

furnish the information that will satisfy the department of state

 

that he or she is the owner of the snowmobile. After the department

 

of state is satisfied with the information provided, the department

 

of state shall assign a replacement vehicle number that shall be

 

applied to the snowmobile as directed by the department of state.

 

Upon verification by the department of state that the number is

 

affixed to the snowmobile, the department of state shall note on

 

the certificate of title record for that snowmobile that a

 


replacement vehicle number was issued for that snowmobile.