SB0866, As Passed House, Sep, 8, 2016
March 24, 2016, Introduced by Senators SCHUITMAKER and JONES and referred to the Committee on Judiciary.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11701, 12102, 16901, 44501, and 82101 (MCL
324.11701, 324.12102, 324.16901, 324.44501, and 324.82101), section
11701 as amended by 2005 PA 199, section 12102 as amended by 2015
PA 224, section 16901 as amended by 2014 PA 543, section 44501 as
amended by 2012 PA 294, and section 82101 as amended by 2014 PA
404.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11701. As used in this part:
(a) "Agricultural land" means land on which a food crop, a
feed crop, or a fiber crop is grown, including land used or
suitable for use as a range or pasture; a sod farm; or a Christmas
tree farm.
(b) "Certified health department" means a city, county, or
district department of health certified under section 11716.
(c) "Cesspool" means a cavity in the ground that receives
waste to be partially absorbed directly or indirectly by the
surrounding soil.
(d) "Department" means the department of environmental quality
or its authorized agent.
(e) "Director" means the director of the department of
environmental quality or his or her designee.
(f) "Domestic septage" means liquid or solid material removed
from a septic tank, cesspool, portable toilet, type III marine
sanitation device, or similar storage or treatment works that
receives only domestic sewage. Domestic septage does not include
liquid or solid material removed from a septic tank, cesspool, or
similar facility that receives either commercial wastewater or
industrial wastewater and does not include grease removed from a
grease interceptor, grease trap, or other appurtenance used to
retain grease or other fatty substances contained in restaurant
waste.
(g) "Domestic sewage" means waste and wastewater from humans
or household operations.
(h) "Domestic treatment plant septage" means biosolids
generated during the treatment of domestic sewage in a treatment
works and transported to a receiving facility or managed in
accordance with a residuals management program approved by the
department.
(i) "Food establishment septage" means material pumped from a
grease interceptor, grease trap, or other appurtenance used to
retain grease or other fatty substances contained in restaurant
wastes
and which that is blended into a uniform mixture, consisting
of not more than 1 part of that restaurant-derived material per 3
parts of domestic septage, prior to land application or disposed of
at a receiving facility.
(j) "Fund" means the septage waste program fund created in
section 11717.
(k) "Governmental unit" means a county, township,
municipality, or regional authority.
(l) "Incorporation" means the mechanical mixing of surface-
applied septage waste with the soil.
(m) "Injection" means the pressurized placement of septage
waste below the surface of soil.
(n) "Operating plan" means a plan developed by a receiving
facility for receiving septage waste that specifies at least all of
the following:
(i) Categories of septage waste that the receiving facility
will receive.
(ii) The receiving facility's service area.
(iii) The hours of operation for receiving septage waste.
(iv) Any other conditions for receiving septage waste
established by the receiving facility.
(o) "Pathogen" means a disease-causing agent. Pathogen
includes, but is not limited to, certain bacteria, protozoa,
viruses, and viable helminth ova.
(p) "Peace officer" means a sheriff or sheriff's deputy, a
village or township marshal, an officer of the police department of
any city, village, or township, any officer of the Michigan state
police, any peace officer who is trained and licensed or certified
pursuant
to under the Michigan
commission on law enforcement
standards
act, 1965 PA 203, MCL 28.601 to 28.616, 28.615, or any
conservation officer appointed by the department or the department
of
natural resources pursuant to under
section 1606.
(q) "Portable toilet" means a receptacle for human waste
temporarily in a location for human use.
(r) "Receiving facility" means a structure that is designed to
receive septage waste for treatment at a wastewater treatment plant
or at a research, development, and demonstration project authorized
under section 11511b to which the structure is directly connected,
and that is available for that purpose as provided for in an
ordinance of the local unit of government where the structure is
located or in an operating plan. Receiving facility does not
include either of the following:
(i) A septic tank.
(ii) A structure or a wastewater treatment plant at
which
where the disposal of septage waste is prohibited by order of the
department under section 11708 or 11715b.
(s) "Receiving facility service area" or "service area" means
the territory for which a receiving facility has the capacity and
is
available to receive and treat septage waste, subject to the
following:
(i) Beginning October 12, 2005 and before the 2011
state
fiscal
year, the geographic service area of a receiving facility
shall
not extend more than 15 radial miles from the receiving
facility.
(ii) After the 2010 state fiscal year, except that the
geographic service area of a receiving facility shall not extend
more than 25 radial miles from the receiving facility.
(t) "Sanitary sewer cleanout septage" means sanitary sewage or
cleanout residue removed from a separate sanitary sewer collection
system that is not land applied and that is transported by a
vehicle licensed under this part elsewhere within the same system
or to a receiving facility that is approved by the department.
(u) "Septage waste" means the fluid mixture of untreated and
partially treated sewage solids, liquids, and sludge of human or
domestic origin that is removed from a wastewater system. Septage
waste consists only of food establishment septage, domestic
septage, domestic treatment plant septage, or sanitary sewer
cleanout septage, or any combination of these.
(v) "Septage waste servicing license" means a septage waste
servicing license as provided for under sections 11703 and 11706.
(w) "Septage waste vehicle" means a vehicle that is self-
propelled or towed and that includes a tank used to transport
septage waste. Septage waste vehicle does not include an implement
of husbandry as defined in section 21 of the Michigan vehicle code,
1949 PA 300, MCL 257.21.
(x) "Septage waste vehicle license" means a septage waste
vehicle license as provided for under sections 11704 and 11706.
(y) "Septic tank" means a septic toilet, chemical closet, or
other enclosure used for the decomposition of domestic sewage.
(z) "Service" or "servicing" means cleaning, removing,
transporting, or disposing, by application to land or otherwise, of
septage waste.
(aa) "Site" means a location or locations on a parcel or
tract, as those terms are defined in section 102 of the land
division act, 1967 PA 288, MCL 560.102, proposed or used for the
disposal of septage waste on land.
(bb) "Site permit" means a permit issued under section 11709
authorizing the application of septage waste to a site.
(cc) "Storage facility" means a structure that receives
septage waste for storage but not for treatment.
(dd) "Tank" means an enclosed container placed on a septage
waste vehicle to carry or transport septage waste.
(ee) "Type I public water supply", "type IIa public water
supply", "type IIb public water supply", and "type III public water
supply" mean those terms, respectively, as described in R 325.10502
of the Michigan administrative code.
(ff) "Type III marine sanitation device" means that term as
defined in 33 CFR 159.3.
Sec. 12102. As used in this part:
(a) "On-site" means on the same geographically contiguous
property, which may be divided by a public or private right-of-way
if access is by crossing rather than going along the right-of-way.
On-site includes noncontiguous pieces of property owned by the same
person but connected by a right-of-way that the owner controls and
to which the public does not have access.
(b) "Peace officer" means any law enforcement officer who is
trained
and licensed or certified pursuant to under the
Michigan
commission on law enforcement standards act, 1965 PA 203, MCL
28.601
to 28.616, 28.615, or an officer appointed by the director
of
the department of state police pursuant to under section
6d of
1935 PA 59, MCL 28.6d.
(c) "Publicly owned treatment works" means any entity that
treats municipal sewage or industrial waste or liquid industrial
by-product that is owned by the state or a municipality, as that
term is defined in 33 USC 1362. Publicly owned treatment works
include sewers, pipes, or other conveyances only if they convey
wastewater to a publicly owned treatment works providing treatment.
(d) "Reclamation" means either processing to recover a usable
product or regeneration.
(e) "Reclamation facility" means a facility or part of a
facility where liquid industrial by-product reclamation is
conducted.
(f) "Shipping document" means a log, an invoice, a bill of
lading, or other record, in either written or electronic form, that
includes all of the following information:
(i) The name and address of the generator.
(ii) The name of the transporter.
(iii) The type and volume of liquid industrial by-product in
the shipment.
(iv) The date the by-product was shipped off-site from the
generator.
(v) The name, address, and site identification number of the
designated facility.
(g) "Site identification number" means a number that is
assigned by the United States Environmental Protection Agency or
the department to a transporter or facility.
(h) "Storage" means the containment of liquid industrial by-
product, on a temporary basis, in a manner that does not constitute
disposal of the by-product.
(i) "Storage facility" means a facility or part of a facility
where liquid industrial by-product is stored.
(j) "Surface impoundment" means a treatment facility, storage
facility, or disposal facility or part of a treatment, storage, or
disposal facility that is either a natural topographic depression,
a human-made excavation, or a diked area formed primarily of
earthen materials. A surface impoundment may be lined with human-
made materials designed to hold an accumulation of liquid
industrial by-product. Surface impoundments include, but are not
limited to, holding, storage, settling, and aeration pits, ponds,
and lagoons. Surface impoundment does not include an injection
well.
(k) "Tank" means a stationary device designed to contain an
accumulation of liquid industrial by-product that is constructed
primarily of nonearthen materials such as wood, concrete, steel, or
plastic to provide structural support.
(l) "Transportation" means the movement of liquid industrial
by-product by air, rail, public or private roadway, or water.
(m) "Transporter" means a person engaged in the off-site
transportation of liquid industrial by-product by air, rail, public
roadway, or water.
(n) "Treatment" means any method, technique, or process,
including neutralization, designed to change the physical,
chemical, or biological character or composition of any liquid
industrial by-product, to neutralize the by-product, or to render
the by-product safer to transport, store, or dispose of, amenable
to recovery, amenable to storage, or reduced in volume.
(o) "Treatment facility" means a facility or part of a
facility at which liquid industrial by-product undergoes treatment.
(p) "Used oil" means any oil that has been refined from crude
oil, or any synthetic oil, that has been used and that, as a result
of the use, is contaminated by physical or chemical impurities.
(q) "Vehicle" means a transport vehicle as defined by 49 CFR
171.8.
Sec. 16901. (1) As used in this part:
(a) "Abandoned scrap tires" means an accumulation of scrap
tires on property where the property owner is not responsible in
whole or in part for the accumulation of the scrap tires. For the
purposes of this subdivision, an owner who purchased or willingly
took possession of an existing scrap tire collection site shall be
considered by the department to be responsible in whole or in part
for the accumulation of the scrap tires.
(b) "Automotive recycler" means that term as defined in
section 2a of the Michigan vehicle code, 1949 PA 300, MCL 257.2a.
(c) "Bond" means a performance bond from a surety company
authorized to transact business in this state, a certificate of
deposit, a cash bond, or an irrevocable letter of credit, in favor
of the department.
(d) "Collection site" means, subject to subdivision (e), a
site consisting of a parcel or adjacent parcels of real property
where any of the following are accumulated:
(i) 500 or more scrap tires. This subparagraph does not apply
if that property is owned or leased by and associated with the
operations of a retailer or automotive recycler or a commercial
contractor as described in subparagraph (iv).
(ii) 1,500 or more scrap tires if that property is owned or
leased by and associated with the operations of a retailer that is
not also an automotive recycler.
(iii) 2,500 or more scrap tires if that property is owned or
leased by and associated with the operations of an automotive
recycler.
(iv) More than 150 cubic yards of tire chips if that property
is owned or leased by and associated with the operations of a
commercial contractor that is authorized to use the tire chips as
an aggregate replacement in a manner approved by a designation of
inertness for scrap tires or is otherwise authorized for such use
by the department under part 115.
(e) "Collection site" does not include a disposal area
licensed under part 115, a community cleanup site, a racecourse, or
a feed storage location.
(f) "Commodity" means crumb rubber, tire chips, a ring or slab
cut from a tire for use as a weight, or a product die-cut or
punched from a tire, or any other product that, as determined by
the department based on the product's production cost and value, is
not likely to result in an accumulation, at the site of production
or use, that poses a threat to public health or the environment. A
product is not a commodity unless it meets published national
standards or specifications that the department determines are
relevant to accomplishing the purposes of this part.
(g) "Commodity storage area" means 1 or more locations within
a collection site where a commodity is stored.
(h) "Community cleanup site" means a site owned by a local
unit of government or nonprofit organization that has received a
scrap tire cleanup grant under section 16908(2)(c) and uses this
site for the purpose of collecting scrap tires from residents as
part of a community cleanup day or resident drop off.
(i) "Crumb rubber" means rubber material derived from tires
that is less than 1/8 inch by 1/8 inch in size and is free of steel
and fiber.
(j) "Department" means the department of environmental
quality.
(k) "End-user" means any of the following:
(i) A person who possesses a permit to burn tires under part
55.
(ii) The owner or operator of a landfill that is authorized
under the landfill's operating license to use scrap tires.
(iii) A person who uses a commodity to make a product that is
sold in the market.
(iv) A person who is authorized by this part to accumulate
scrap tires, who acquires scrap tires, and who converts scrap tires
into a product that is sold in the market or reused in a manner
authorized by this part.
(l) "Farm" means that term as defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(m) "Farm operation" means that term as defined in section 2
of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(n) "Feed storage location" means a location on a parcel or
adjacent parcels of real property containing a farm operation where
not more than 3,000 scrap tires are used to secure stored feed.
(o) "Fund" means the scrap tire regulatory fund created in
section 16908.
(p) "Landfill" means a landfill as defined in section 11504
that is licensed under part 115.
(q) "Law enforcement officer" means any law enforcement
officer
who is trained and licensed or certified pursuant to under
the Michigan commission on law enforcement standards act, 1965 PA
203,
MCL 28.601 to 28.616, 28.615,
or an officer appointed by the
director
of the department of state police pursuant to under
section 6d of 1935 PA 59, MCL 28.6d.
(r) "Outdoor" or "outdoors" means in a place other than a
building or covered vehicle.
(s) "Portable shredding operation" means a person who operates
scrap tire shredding equipment that produces a commodity or tire
shreds and that can be moved from site to site.
(t) "Racecourse" means a commercially operated track for go-
carts, off-road recreational vehicles, motorcycles, or other
vehicles that uses scrap tires as bumpers along the track for
safety purposes and that meets 1 or more of the following
requirements:
(i) Uses not more than 3,000 scrap tires for bumpers.
(ii) Is operated on a temporary basis and, between races,
stores the scrap tires at a collection site bonded under section
16903 and registered under section 16904.
(u) "Retailer" means a person who sells or offers for sale
new, retreaded, or remanufactured tires to consumers in this state.
(v) "Retreader" means a person who retreads, recases, or
recaps tire casings for reuse.
(w) "Scrap tire" means a tire that is no longer being used for
its original intended purpose including, but not limited to, a used
tire, a reusable tire casing, or portions of a tire. Scrap tire
does not include a vehicle support stand.
(x) "Scrap tire hauler" means a person who transports more
than 10 scrap tires at once in a vehicle on a public road or
street. Scrap tire hauler does not include any of the following:
(i) A person, other than a commercial business, who transports
that person's own tires to a location authorized in section
16902(1).
(ii) A member of a nonprofit service organization who is
participating in a community service project and is transporting
scrap tires to a location authorized in section 16902(1).
(iii) The owner of a farm who is transporting only scrap tires
that originated from his or her farm operation, to a location
authorized in section 16902(1), or that are intended for use in a
feed storage location.
(iv) A solid waste hauler that is transporting solid waste to
a disposal area licensed under part 115.
(v) A person who is transporting only a commodity.
(vi) A retreader who is transporting scrap tires for the
purpose of retreading, recasing, or recapping and who has the
documentation required in section 16906(5).
(y) "Scrap tire processor" means either of the following:
(i) A person who is authorized by this part to accumulate
scrap tires and is engaged in the business of buying or otherwise
acquiring scrap tires and reducing their volume by shredding or
otherwise facilitating recycling or resource recovery techniques
for scrap tires.
(ii) A portable shredding operation.
(z) "Solid waste hauler" means a solid waste hauler as defined
in
part 115 section 11506 who transports less than 25% by weight or
volume of scrap tires along with other solid waste in any truckload
to a disposal area licensed under part 115.
(aa) "Storage requirements" means the requirements of section
16903(1) and, if applicable, (2).
(bb) "Tire" means a continuous solid or pneumatic rubber
covering encircling the wheel of a tractor or other farm machinery
or of a vehicle.
(cc) "Tire chip" means a portion of a tire that is any of the
following:
(i) Not more than 2 inches by 2 inches in size and meets
requirements for size, metal content, and cleanliness as specified
in an executed contract for delivery of the material by the scrap
tire processor.
(ii) Not more than 3/8 inch by 3/8 inch in size and
sufficiently free from steel to be used in the construction and
modification of sports surfaces such as golf course turf, athletic
field turf, athletic tracks, hiking surfaces, livestock show arena
surfaces, and playgrounds.
(iii) To be used in a drain field approved under a district or
county sanitary code.
(iv) To be used as ground cover or mulch, if, in aggregate,
95% of the material is equal to or less than 3/4 inch in size in
any dimension and the material contains less than 1% by weight or
volume of steel and fiber.
(v) Approved by the department for use at a landfill as daily
cover or a leachate collection system protective layer or for
access road construction within a lined cell.
(dd) "Tire shred" means a portion of a tire that is not a
commodity.
(ee) "Tire storage area" means a location within a collection
site where tires are accumulated.
(ff) "Vehicle" means a device in, upon, or by which a person
or property is or may be transported or drawn upon a highway.
Vehicle does not include a device that is exclusively moved by
human power or used exclusively upon stationary rails or tracks or
a mobile home as defined in section 2 of the mobile home commission
act, 1987 PA 96, MCL 125.2302.
(gg) "Vehicle support stand" means equipment used to support a
stationary vehicle consisting of an inflated tire and wheel that is
attached to another wheel.
(2) A reference in this part to a number of scrap tires means
either of the following, or an equivalent combination thereof:
(a) That number of whole tires or reusable tire casings.
(b) A quantity of a commodity or tire shreds equivalent in
weight to that number of whole tires.
Sec. 44501. As used in this part:
(a) "Boat livery" means a place of business or any location
where a person rents or offers for rent any vessel other than a
nonmotorized raft to the general public for noncommercial use on
the waters of this state. Boat livery does not include a place
where a person offers cabins, cottages, motel rooms, hotel rooms,
or other similar rental units if vessels are furnished only for the
use of persons occupying the units.
(b) "Carrying passengers for hire" or "carry passengers for
hire" means the transporting of any individual on a vessel other
than a nonmotorized raft for consideration directly or indirectly
paid to the owner of the vessel, the owner's agent, the operator of
the vessel, or any other person who holds any interest in the
vessel.
(c) "Charter boat" means a vessel other than a nonmotorized
raft that is rented or offered for rent to carry passengers for
hire if the owner or the owner's agent retains possession, command,
and control of the vessel.
(d) "Class A vessel" means a vessel, except a sailboat, that
carries for hire on navigable waters not more than 6 passengers.
(e) "Class B vessel" means a vessel, except a sailboat, that
carries for hire on inland waters not more than 6 passengers.
(f) "Class C vessel" means a vessel, except a sailboat, that
carries for hire on inland waters more than 6 passengers.
(g) "Class D vessel" means a vessel that is propelled
primarily by a sail or sails and carries for hire on navigable
waters not more than 6 passengers or carries passengers for hire on
inland waters.
(h) "Class E vessel" means a vessel that carries not more than
6 passengers for hire and meets either of the following
requirements:
(i) Is utilized primarily as a river-drift boat that is
propelled primarily by hand.
(ii) Is a vessel that is 18 feet or less in length operated
primarily on a river or tributary to the Great Lakes, Lake St.
Clair, or their connecting waterways.
(i) "Equipment" means a system, part, or component of a vessel
as originally manufactured, or a system, part, or component
manufactured or sold for replacement, repair, or improvement of a
system, part, or component of a vessel; an accessory or equipment
for, or appurtenance to, a vessel; or a marine safety article,
accessory, or equipment intended for use by an individual on board
a vessel; but does not include radio equipment.
(j) "Inland waters" means all waters of this state, except
navigable waters.
(k) "Livery boat" means a vessel, other than a nonmotorized
raft, that is rented or offered for rent by a boat livery or a boat
owner or his or her agent if the boat livery or boat owner or his
or her agent relinquishes or offers to relinquish complete physical
control of the vessel to the renter while retaining legal title to
the vessel.
(l) "Navigable waters" means those waters of the state over
which this state and the United States coast guard exercise
concurrent jurisdiction, including the Great Lakes and waters
connected to the Great Lakes, to the upstream limit of navigation
as determined by the United States army corps of engineers.
(m) "Navigable waters livery boat" means a livery boat other
than a nonmotorized canoe or kayak that is more than 20 feet in
length and is rented or offered for rent for use on navigable
waters.
(n) "Operate", when used with reference to a vessel, means to
start any propulsion engine or to physically control the motion,
direction, or speed of the vessel.
(o) "Owner", when used in reference to a vessel, means a
person who claims lawful possession of the vessel by virtue of
legal title or an equitable interest in a vessel that entitles that
person to possession of the vessel.
(p) "Passenger" means an individual carried on board a charter
boat except any of the following:
(i) The owner of the vessel or the owner's agent.
(ii) The pilot and members of the crew of the vessel who have
not contributed consideration for their transportation either
before, during, or after the voyage.
(q) "Peace officer" means a sheriff or sheriff's deputy;
village or township marshal; officer of the police department of
any city, village, or township; officer of the Michigan state
police; or other police officer or law enforcement officer who is
trained
and licensed or certified pursuant to under the
Michigan
commission on law enforcement standards act, 1965 PA 203, MCL
28.601
to 28.616, 28.615, and includes the director and
conservation officers employed by the department.
(r) "Personal watercraft" means a vessel that meets all of the
following requirements:
(i) Uses a motor-driven propeller or an internal combustion
engine powering a water jet pump as its primary source of
propulsion.
(ii) Is designed without an open load carrying area that would
retain water.
(iii) Is designed to be operated by 1 or more individuals
positioned on, rather than within, the confines of the hull.
(s) "Pilot's license" means a vessel operator's license issued
by the United States coast guard or other federal agency, or a
license issued by the department to an operator of a charter boat
that is operated on inland waters.
(t) "Training or instructional purposes" means the teaching of
any individual in the handling and navigation of a vessel or the
techniques of waterskiing.
(u) "Vessel" means every description of watercraft, other than
a seaplane, used or capable of being used as a means of
transportation on water irrespective of the method of operation or
propulsion.
(v) "Waters of the state" means any waters within the
territorial limits of this state and includes those waters of the
Great Lakes which are under the jurisdiction of this state.
(w) "Waterways account" means the waterways account of the
Michigan conservation and recreation legacy fund provided for in
section 2035.
Sec. 82101. As used in this part:
(a) "Alcoholic liquor" means that term as defined in section
1d of the Michigan vehicle code, 1949 PA 300, MCL 257.1d.
(b) "Auction" means the sale or offer for sale by bidding of
real or personal property at a public or private location.
(c) "Auctioneer" means a person that is engaged in the
business of conducting auctions or that offers to conduct an
auction for compensation.
(d) "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.
(e) "Dealer" means any person engaged in the sale, lease, or
rental of snowmobiles as a regular business, other than an
auctioneer.
(f) "Former section 15a" means section 15a of former 1968 PA
74, as constituted before May 1, 1994.
(g) "Highly restricted personal information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(h) "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.
(i) "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.
(j) "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.
(k) "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.
(l) "Operate" means to ride in or on and be in actual physical
control of the operation of a snowmobile.
(m) "Operator" means any individual who operates a snowmobile.
(n) "Owner" means any of the following:
(i) A person 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) "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 licensed or certified
under the Michigan commission on law enforcement standards act,
1965
PA 203, MCL 28.601 to 28.616, 28.615,
provided that officer is
policing within his or her jurisdiction.
(p) "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) "Prior conviction" means a conviction for any of the
following, whether under a law of this state, a local ordinance
substantially corresponding to a law of this state, a law of the
United States substantially corresponding to a law of this state,
or a law of another state substantially corresponding to a law of
this state:
(i) A violation or an attempted violation of section 82127(1),
(3), (4), (5), (6), or (7), except that only 1 violation or
attempted violation of section 82127(6), a local ordinance
substantially corresponding to section 82127(6), or a law of
another state substantially corresponding to section 82127(6), or a
law of the United States substantially corresponding to section
82127(6) may be used as a prior conviction other than for
enhancement purposes as provided in section 82129a(1)(b).
(ii) Negligent homicide, manslaughter, or murder resulting
from the operation of a snowmobile or an attempt to commit any of
those crimes.
(iii) Former section 15a(1), (3), (4), or (5) of 1968 PA 74.
(iv) Former section 15a.
(r) "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.
(s) "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.
(t) "Recreational snowmobile trail improvement subaccount"
means the recreational snowmobile trail improvement subaccount of
the snowmobile account created in section 82110.
(u) "Right-of-way" means that portion of a highway or street
less the roadway and any shoulder.
(v) "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.
(w) "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.
(x) "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.
(y) "Snowmobile account" means the snowmobile account of the
Michigan conservation and recreation legacy fund provided for in
section 2025.
(z) "Snowmobile registration fee subaccount" means the
snowmobile registration fee subaccount of the snowmobile account
created in section 82111.
(aa) "Zone 1" means all of the Upper Peninsula.
(bb) "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.
(cc) "Zone 3" means all of that part of the Lower Peninsula
south of the line described in subdivision (bb).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 92 or House Bill No. ____ (request no.
00913'15 *) of the 98th Legislature is enacted into law.