Bill Text: MI SB0478 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Occupations; auctioneers; definition of snowmobile dealers in NREPA; strike reference to registered auctioneers. Amends sec. 82101 of 1994 PA 451 (MCL 324.82101). TIE BAR WITH: SB 0476'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-10-17 - Referred To Committee On Regulatory Reform [SB0478 Detail]
Download: Michigan-2013-SB0478-Engrossed.html
SB-0478, As Passed Senate, October 17, 2013
SENATE BILL No. 478
September 11, 2013, Introduced by Senator HILDENBRAND 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) "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.
(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.
(c) "Former section 15a" means section 15a of former 1968 PA
74,
as constituted prior to before
May 1, 1994.
(d) "Highly restricted personal information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(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.
(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.
(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.
(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.
(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.
(j) "Operate" means to ride in or on and be in actual physical
control of the operation of a snowmobile.
(k)
"Operator" means any person individual who operates a
snowmobile.
(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.
(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.
(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.
(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.
(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.
(q) "Recreational snowmobile trail improvement subaccount"
means the recreational snowmobile trail improvement subaccount of
the snowmobile account created in section 82110.
(r) "Right-of-way" means that portion of a highway or street
less the roadway and any shoulder.
(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.
(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.
(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.
(v) "Snowmobile account" means the snowmobile account of the
Michigan conservation and recreation legacy fund provided for in
section 2025.
(w) "Snowmobile registration fee subaccount" means the
snowmobile registration fee subaccount of the snowmobile account
created in section 82111.
(x) "Zone 1" means all of the Upper Peninsula.
(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.
(z) "Zone 3" means all of that part of the Lower Peninsula
south of the line described in subdivision (y).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 476
of the 97th Legislature is enacted into law.
