Bill Text: MI HB4684 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Occupations; auctioneers; reference to certain auctioneers in definition of snowmobile dealers in NREPA; revise. Amends sec. 82101 of 1994 PA 451 (MCL 324.82101). TIE BAR WITH: HB 4683'13, SB 0476'13, SB 0477'13
Spectrum: Partisan Bill (Republican 16-0)
Status: (Passed) 2014-07-16 - Assigned Pa 195'14 With Immediate Effect [HB4684 Detail]
Download: Michigan-2013-HB4684-Chaptered.html
Act No. 195
Public Acts of 2014
Approved by the Governor
June 21, 2014
Filed with the Secretary of State
June 24, 2014
EFFECTIVE DATE: June 24, 2014
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Reps. Denby, Graves, O’Brien, Jacobsen, Pagel, Rogers, Heise, Kowall, Daley, Shirkey, Goike, Yonker, Kesto, McMillin, Pettalia and Franz
ENROLLED HOUSE BILL No. 4684
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” 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) “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) “Dealer” means any person engaged in the sale, lease, or rental of snowmobiles as a regular business, other than an auctioneer.
(e) “Former section 15a” means section 15a of former 1968 PA 74, as constituted before May 1, 1994.
(f) “Highly restricted personal information” means an individual’s photograph or image, social security number, digitized signature, and medical and disability information.
(g) “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) “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) “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) “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) “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) “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 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) “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) “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) “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) “Recreational snowmobile trail improvement subaccount” means the recreational snowmobile trail improvement subaccount of the snowmobile account created in section 82110.
(t) “Right-of-way” means that portion of a highway or street less the roadway and any shoulder.
(u) “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) “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) “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) “Snowmobile account” means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025.
(y) “Snowmobile registration fee subaccount” means the snowmobile registration fee subaccount of the snowmobile account created in section 82111.
(z) “Zone 1” means all of the Upper Peninsula.
(aa) “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) “Zone 3” means all of that part of the Lower Peninsula south of the line described in subdivision (aa).
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 97th Legislature are enacted into law:
(a) Senate Bill No. 476.
(b) Senate Bill No. 477.
(c) House Bill No. 4683.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
