HB-4684, As Passed House, May 29, 2013
May 2, 2013, Introduced by Reps. Denby, Graves, O'Brien, Jacobsen, Pagel, Rogers, Heise, Kowall, Daley, Shirkey, Goike, Yonker, Kesto, McMillin, Pettalia and Franz and referred to the Committee on Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 82101 (MCL 324.82101), as amended by 2010 PA
371.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 82101. As used in this part:
(a) "Auction" means the sale or offer for sale by bidding of
real or personal property at a public or private location.
(b) "Auctioneer" means a person that is engaged in the
business of conducting auctions or that offers to conduct an
auction for compensation.
(c) (a)
"Conviction" means a
final conviction, the payment of
a fine, a plea of guilty or nolo contendere if accepted by the
court, or a finding of guilt or probate court disposition on a
violation of this part, regardless of whether the penalty is
rebated or suspended.
(d) (b)
"Dealer" means any person
engaged in the sale, lease,
or rental of snowmobiles as a regular business, other than an
auctioneer. as
that term is defined in section 2901 of the
occupational
code, 1980 PA 299, MCL 339.2901.
(e) (c)
"Former section 15a"
means section 15a of former 1968
PA
74, as constituted prior to before
May 1, 1994.
(f) (d)
"Highly restricted personal
information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(g) (e)
"Highway or street" means
the entire width between the
boundary lines of every way publicly maintained if any part of it
is open to public use for vehicular travel.
(h) (f)
"Historic snowmobile"
means a snowmobile that is over
25 years old and that is owned solely as a collector's item and for
occasional use and for participation in club activities,
exhibitions, tours, parades, and similar uses, including mechanical
testing.
(i) (g)
"In-kind contributions"
means services and goods as
approved by the department that are provided by a grant recipient
toward completion of a department-approved local snowmobile program
under section 82107.
(j) (h)
"Law of another state"
means a law or ordinance
enacted by any of the following:
(i) Another state.
(ii) A local unit of government in another state.
(iii) Canada or a province or territory of Canada.
(iv) A local unit of government in a province or territory of
Canada.
(k) (i)
"Long-term incapacitating
injury" means an injury that
causes a person to be in a comatose, quadriplegic, hemiplegic, or
paraplegic state, which state is likely to continue for 1 year or
more.
(l) (j)
"Operate" means to ride
in or on and be in actual
physical control of the operation of a snowmobile.
(m) (k)
"Operator" means any person
individual who operates a
snowmobile.
(n) (l) "Owner"
means any of the following:
(i) A person who that holds the legal title
to a snowmobile.
(ii) A vendee or lessee of a snowmobile that is the subject of
an agreement for conditional sale or lease with the right of
purchase upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional
vendee or lessee.
(iii) A person renting a snowmobile or having the exclusive use
of a snowmobile for more than 30 days.
(o) (m)
"Peace officer" means any
of the following:
(i) A sheriff.
(ii) A sheriff's deputy.
(iii) A deputy who is authorized by a sheriff to enforce this
part and who has satisfactorily completed at least 40 hours of law
enforcement training, including training specific to this part.
(iv) A village or township marshal.
(v) An officer of the police department of any municipality.
(vi) An officer of the Michigan state police.
(vii) The director and conservation officers employed by the
department.
(viii) A law enforcement officer who is certified under the
commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616, provided that officer is policing within his or
her jurisdiction.
(p) (n)
"Personal information"
means information that
identifies an individual, including an individual's driver
identification number, name, address not including zip code, and
telephone number, but does not include information on snowmobile
operation or equipment-related violations or civil infractions,
operator or snowmobile registration status, accidents, or other
behaviorally-related information.
(q) (o)
"Probate court or family
division disposition" means
the entry of a probate court order of disposition or family
division order of disposition for a child found to be within the
provisions of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.1 to 712A.32.
(r) (p)
"Prosecuting attorney",
except as the context requires
otherwise, means the attorney general, the prosecuting attorney of
a county, or the attorney representing a local unit of government.
(s) (q)
"Recreational snowmobile trail
improvement subaccount"
means the recreational snowmobile trail improvement subaccount of
the snowmobile account created in section 82110.
(t) (r)
"Right-of-way" means that
portion of a highway or
street less the roadway and any shoulder.
(u) (s)
"Roadway" means that
portion of a highway or street
improved, designated, or ordinarily used for vehicular travel. If a
highway or street includes 2 or more separate roadways, the term
roadway refers to any roadway separately, but not to all of the
roadways collectively.
(v) (t)
"Shoulder" means that
portion of a highway or street
on either side of the roadway that is normally snowplowed for the
safety and convenience of vehicular traffic.
(w) (u)
"Snowmobile" means any
motor-driven vehicle designed
for travel primarily on snow or ice of a type that utilizes sled-
type runners or skis, an endless belt tread, or any combination of
these or other similar means of contact with the surface upon which
it is operated, but is not a vehicle that must be registered under
the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(x) (v)
"Snowmobile account"
means the snowmobile account of
the Michigan conservation and recreation legacy fund provided for
in section 2025.
(y) (w)
"Snowmobile registration fee
subaccount" means the
snowmobile registration fee subaccount of the snowmobile account
created in section 82111.
(z) (x)
"Zone 1" means all of the
Upper Peninsula.
(aa) (y)
"Zone 2" means all of
that part of the Lower
Peninsula north of a line beginning at and drawn from a point on
the Michigan-Wisconsin boundary line due west of the westerly
terminus of River road in Muskegon county; thence due east to the
westerly terminus of River road; thence north and east along the
center line of the River road to its intersection with highway M-
120; thence northeasterly and easterly along the center line of
highway M-120 to the junction of highway M-20; thence easterly
along the center line of M-20 to its junction with US-10 at the
Midland-Bay county line; thence easterly along the center line of
the "business route" of highway US-10 to the intersection of
Garfield road in Bay county; thence north along the center line of
Garfield road to the intersection of the Pinconning road; thence
east along the center line of Pinconning road to the intersection
of the Seven Mile road; thence north along the center of the Seven
Mile road to the Bay-Arenac county line; thence north along the
center line of the Lincoln School road (county road 25) in Arenac
county to the intersection of highway M-61; thence east along the
center line of highway M-61 to the junction of highway US-23;
thence northerly and easterly along the center line of highway US-
23 to the center line of the Au Gres river; thence southerly along
the center line of the river to its junction with Saginaw Bay of
Lake Huron; thence north 78° east to the international boundary
line between the United States and the Dominion of Canada.
(bb) (z)
"Zone 3" means all of
that part of the Lower
Peninsula
south of the line described in subdivision (y).(aa).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4681(request no.
02040'13) of the 97th Legislature is enacted into law.