HOUSE BILL No. 6631

 

November 12, 2008, Introduced by Rep. Opsommer and referred to the Committee on Transportation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 82147 (MCL 324.82147), as amended by 2001 PA

 

148.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 82147. (1) Notwithstanding a court order issued under

 

section 82127(1), (3), (4), or (5), section 15a(1), (3), (4), or

 

(5) of former 1968 PA 74, sections 82141 to 82142, or a local

 

ordinance substantially corresponding to section 82127(1) or (3),

 

or sections 82141 to 82142, if a court has not ordered a person not

 

to operate a snowmobile as authorized by this part, the secretary

 

of state shall issue an order that the person not operate a

 

snowmobile as follows:

 


     (a) For 90 days, upon receiving a record of the conviction of

 

the person for a violation of section 82127(3), section 15a(3) of

 

former 1968 PA 74, a local ordinance substantially corresponding to

 

section 82127(3), or a law of another state substantially

 

corresponding to section 82127(3), if the person has no prior

 

convictions within 7 years for a violation of section 82127(1),

 

(3), (4), or (5), section 15a(1), (3), (4), or (5) of former 1968

 

PA 74, or section 15a of former 1968 PA 74, a local ordinance

 

substantially corresponding to section 82127(1) or (3) or section

 

15a of former 1968 PA 74, or a law of another state substantially

 

corresponding to section 82127(1), (3), (4), or (5) or section 15a

 

of former 1968 PA 74.

 

     (b) For 1 year for a violation of section 324, 413, or 414 of

 

the Michigan penal code, 1931 PA 328, MCL 750.324, 750.413, and

 

750.414; or a violation of section 1 of former 1931 PA 214 or

 

section 626c of the Michigan vehicle code, 1949 PA 300, MCL

 

257.626c 626(3) or (4) of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.626.

 

     (c) For 6 months, if the person has the following convictions

 

within a 7-year period, whether under the law of this state, a

 

local ordinance substantially corresponding to a law of this state,

 

or a law of another state substantially corresponding to a law of

 

this state:

 

     (i) One conviction under section 82127(1), section 15a(1) of

 

former 1968 PA 74, or former section 15a of former 1968 PA 74.

 

     (ii) Two convictions under section 82127(3), section 15a(3) of

 

former 1968 PA 74, or section 15a of former 1968 PA 74.

 


     (iii) One conviction under section 82127(1) or section 15a(1) of

 

former 1968 PA 74 and 1 conviction under section 82127(3), section

 

15a(3) of former 1968 PA 74, or section 15a of former 1968 PA 74.

 

     (iv) One conviction under section 82127(4) or (5) or section

 

15a(4) or (5) of former 1968 PA 74 followed by 1 conviction under

 

section 82127(3) or section 15a(3) of former 1968 PA 74.

 

     (2) If the secretary of state receives records of more than 1

 

conviction or probate court or family division of circuit court

 

disposition of a person resulting from the same incident, a

 

suspension shall be imposed only for the violation to which the

 

longest period of suspension applies under this section.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 104 of the 94th Legislature is enacted into

 

law.