May 12, 2010, Introduced by Rep. Caul and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 81131, 81132, 81133, 81134, 81135, 81136,
81137, 81139, 81140, 81140a, 81141, 81142, 81143, 81144, 81145,
81146, 81147, 81148, 81149, and 82156a (MCL 324.81131, 324.81132,
324.81133, 324.81134, 324.81135, 324.81136, 324.81137, 324.81139,
324.81140, 324.81140a, 324.81141, 324.81142, 324.81143, 324.81144,
324.81145, 324.81146, 324.81147, 324.81148, 324.81149, and
324.82156a), section 81131 as amended by 2009 PA 175, sections
81132, 81137, 81139, 81140, 81142, 81143, 81144, 81145, 81146,
81148, and 81149 as added by 1995 PA 58, section 81133 as amended
by 2008 PA 365, section 81134 as amended by 2001 PA 12, section
81135 as amended by 1999 PA 22, sections 81136 and 81141 as amended
by 1996 PA 175, section 81140a as added by 1999 PA 43, section
81147 as amended by 2008 PA 240, and section 82156a as added by
1997 PA 102.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81131. (1) A municipality may pass an ordinance allowing
a
permanently disabled person to operate an ORV OHV in
that
municipality.
(2) Subject to subsections (4) and (7), the county board of
commissioners
of an eligible a county may adopt an ordinance
authorizing
the operation of ORVs OHVs
on the maintained portion of
1 or more roads located within the county, including the shoulders
of those roads. Not less than 45 days before a public hearing on
the ordinance, the county clerk shall send notice of the public
hearing, by certified mail, to the county road commission and, if
state forestland is located within the county, to the department.
The county shall not charge a fee for the operation of OHVs on
those roads. For purposes of this subsection, "road located within
the county" includes any road passing through or along federal land
located within that county if more than 50% of the funds used to
maintain the road come from state or local sources.
(3) Subject to subsections (4) and (7), beginning July 17,
2009,
the township board of a township located in an eligible
county
may adopt an ordinance authorizing
the operation of ORVs
OHVs on the maintained portion of 1 or more roads located within
the township, including the shoulders of those roads. Not less than
28 days before a public hearing on the ordinance, the township
clerk shall send notice of the public hearing, by certified mail,
to the county road commission and, if state forestland is located
within the township, to the department. The township shall not
charge a fee for the operation of OHVs on those roads. For purposes
of this subsection, "road located within the township" includes any
road passing through or along federal land located within that
township if more than 50% of the funds used to maintain the road
come from state or local sources.
(4) The board of county road commissioners may close a road to
the
operation of ORVs OHVs under subsection (2) or (3) to protect
the
environment or if the operation of ORVs under subsection (2) or
(3)
poses a particular and demonstrable threat to public safety if
OHV usage has created a significant threat to public safety or
extraordinary damage to the environment or a road, including the
shoulder of the road. A county road commission shall not under this
subsection
close more than 30% 10% of the linear miles of roads
located
within the county to the operation of ORVs OHVs under
subsection
(2) or (3). The township board of a township located in
an
eligible county may adopt an
ordinance to close a road to the
operation
of ORVs OHVs under subsection (2).
(5) Subject to subsection (7), the legislative body of a
municipality
located in an eligible county may adopt an ordinance
authorizing
the operation of ORVs OHVs
on the maintained portion of
1 or more streets within the municipality, including the shoulders
of those streets. The municipality shall not charge a fee for the
operation of OHVs on those streets. For purposes of this
subsection, "streets within the municipality" includes any street
passing through or along federal land located within that
municipality if more than 50% of the funds used to maintain the
street come from state or local sources.
(6) Subject to subsections (4) and (7), if a local unit of
government
adopts an ordinance pursuant to under
subsection (2),
(3),
or (5), a person may operate an ORV OHV with the flow of
traffic on the far right of the maintained portion of the road or
street covered by the ordinance, including the shoulder of that
road
or street. A person shall not operate
an ORV pursuant to OHV
under subsection (2), (3), or (5) at a speed greater than 25 miles
per
hour or a lower posted ORV OHV
speed limit or in a manner that
interferes with traffic on the road or street. Unless the person
possesses a license as defined in section 25 of the Michigan
vehicle code, 1949 PA 300, MCL 257.25, a person shall not operate
an
ORV pursuant to OHV under subsection (2), (3), or (5) if the ORV
OHV is registered as a motor vehicle under chapter II of the
Michigan vehicle code, 1949 PA 300, MCL 257.201 to 257.259, and
either
is more than 60 inches wide or has 3 wheels. ORVs OHVs
operated
pursuant to under subsection (2), (3), or (5) shall travel
single
file, except that an ORV OHV
may travel abreast of another
ORV
OHV when it is overtaking and passing, or being
overtaken and
passed
by, another ORV OHV.
(7)
Subsections (2) to (6) and an ordinance adopted under
subsection
(2), (3), or (5) do not apply after July 16, 2013. The
state transportation commission may authorize the operation of OHVs
on any highway or portion of a highway in this state, including the
shoulders of those highways. The designation may be made on a
permanent, seasonal, or temporary basis. The state transportation
commission shall not charge a fee for the operation of OHVs on
those highways. A person operating an OHV on a highway or portion
of a highway is subject to the same requirements for operation as
provided for under subsection (6). For purposes of this subsection,
"highway or portion of a highway in this state" includes any
highway or portion of a highway passing through or along federal
land located within this state if more than 50% of the funds used
to maintain the highway or portion of a highway come from state or
local sources.
(8) In addition to any applicable requirement of section
81133(c),
a person shall not operate an ORV pursuant to OHV under
this section when visibility is substantially reduced due to
weather conditions without displaying a lighted headlight and
lighted taillight. Beginning January 1, 2010, a person, other than
a person operating an OHV in an organized OHV event between the
hours
of sunrise and sunset, shall not operate an ORV pursuant to
OHV under this section without displaying a lighted headlight and
lighted taillight.
(9)
A person under 18 years of age shall not operate an ORV
pursuant
to OHV under this section unless the person is in
possession of a valid driver license or under the direct
supervision of a parent or guardian and the person has in his or
her
immediate possession an ORV OHV
safety certificate issued
pursuant
to under this part or a comparable ORV OHV safety
certificate issued under the authority of another state or a
province of Canada. A person under 12 years of age shall not
operate
an ORV pursuant to OHV
under this section. The requirements
of this subsection are in addition to any applicable requirements
of section 81129.
(10)
A township that has authorized the operation of ORVs OHVs
on a road under subsection (3) and this state for a highway open
for use under subsection (7) does not have a duty to maintain the
road, street, or highway in a condition reasonably safe and
convenient
for the operation of ORVs OHVs. A This
state, a board of
county road commissioners, a county board of commissioners, or a
municipality
does not have a duty to maintain a road, or street, or
highway under its jurisdiction in a condition reasonably safe and
convenient
for the operation of ORVs OHVs, except the following
ORVs
OHVs:
(a)
ORVs OHVs registered as motor vehicles as provided in the
code.
(b)
ORVs OHVs permitted by an ordinance as provided in
subsection (1).
(11)
Beginning October 19, 1993 This
state, a board of county
road
commissioners, a county board of commissioners, and a county,
are,
and , beginning on April 25, 1995, a municipality is, are
immune from tort liability for injuries or damages sustained by any
person
arising in any way out of the operation or use of an ORV OHV
on maintained or unmaintained roads, streets, shoulders, and
rights-of-way over which this state, the board of county road
commissioners, the county board of commissioners, or the
municipality has jurisdiction. The immunity provided by this
subsection does not apply to actions that constitute gross
negligence. As used in this subsection, "gross negligence" means
conduct so reckless as to demonstrate a substantial lack of concern
for whether an injury results.
(12) In a court action in this state, if competent evidence
demonstrates that a vehicle that is permitted to operate on a road
or
street pursuant to the code was in a collision with an ORV OHV
required to be operated on the far right of the maintained portion
of a road or street pursuant to an ordinance adopted under
subsection (2), (3), or (5), or on a highway open for use under
subsection
(7), the operator of the ORV shall
be OHV is considered
prima facie negligent.
(13) A violation of an ordinance described in this section is
a municipal civil infraction. The ordinance may provide for a
maximum fine of not more than $500.00 for a violation of the
ordinance. In addition, the court shall order the defendant to pay
the cost of repairing any damage to the environment, a road or
street, or public property damaged as a result of the violation.
(14) The treasurer of the local unit of government shall
deposit fines collected by that local unit of government under
section 8379 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.8379, and subsection (13) and damages collected under
subsection
(13) into a fund to be designated as the "ORV "OHV
fund". The legislative body of the local unit of government shall
appropriate
revenue in the ORV OHV fund as follows:
(a) Fifty percent to the county sheriff or police department
responsible for law enforcement in the local unit of government for
ORV
OHV enforcement and training.
(b) Fifty percent to the board of county road commissioners
or, in the case of a city or village, to the department responsible
for street maintenance in the city or village, for repairing damage
to roads or streets and the environment that may have been caused
by
ORVs OHVs and for posting signs indicating ORV OHV speed
limits
or indicating whether roads or streets are open or closed to the
operation
of ORVs OHVs under this section.
(15) As used in this section:
(a)
"Eligible county" means any of the following:
(i) Mason, Lake, Osceola, Clare,
Gladwin, Arenac, or Bay county
or
a county lying north thereof, including all of the counties of
the
Upper Peninsula.
(ii) Huron, Tuscola, Sanilac, Saginaw, Gratiot, Montcalm, or
St.
Clair county.
(a) (b)
"Local unit of
government" means a county, township,
or municipality.
(b) (c)
"Municipality" means a
city or village.
(c) (d)
"Road" means a county
primary road or county local
road as described in section 5 of 1951 PA 51, MCL 247.655.
(d) (e)
"Street" means a city or
village major street or city
or village local street as described in section 9 of 1951 PA 51,
MCL 247.659.
Sec. 81132. (1) The department may promulgate rules governing
the
operation and conduct of ORVs OHVs, vehicle speed limits, use
of vehicles by day and hour, and the establishment and designation
of areas within which vehicles may be used in a manner compatible
with, and that will best protect, the public safety and general
welfare on the frozen surface of public waters, and that will
preserve the submerged marshlands adjacent to the borders of the
Great
Lakes, lake
Lake St. Clair,
and the navigable inland waters
of the state.
(2) The department, on its own initiative or upon receipt of a
certified resolution of the governing body of a local unit of
government may initiate investigations into the need for special
rules governing the operation of vehicles on the frozen surface of
public waters and the submerged marshlands adjacent to the borders
of
the Great Lakes, lake Lake
St. Clair, and the navigable inland
waters of the state. If controls for that activity are considered
necessary, or when the amendment or rescission of an existing rule
is required, a rule shall be prepared. Notice of a public hearing
shall be made not less than 10 days prior to the hearing, in a
newspaper of general circulation in the area within which the rules
are to be imposed, amended, or rescinded.
(3) The proposed rule shall then be submitted to the governing
body of the political subdivision in which the affected frozen
waters or marshes lie. Within 30 calendar days, the governing body
shall inform the department that it approves or disapproves of the
proposed rule. If the governing body disapproves the proposed rule,
further action shall not be taken. If the governing body approves
the proposed rule, a local ordinance may be enacted which shall be
identical to the rule, and which ordinance shall not be effective
until the rule is in effect in accordance with law. The department
shall then promulgate the rule.
(4) When an ordinance is enacted under the authority of a
rule, and that rule is subsequently suspended by the legislature,
or amended or rescinded by the department, the ordinance shall also
be suspended, amended, or repealed.
(5) A local law enforcement officer may enforce an ordinance
enacted
pursuant to under this section, and a state law enforcement
officer shall enforce a rule promulgated under this section.
Sec.
81133. (1) A person shall not operate an ORV OHV in
violation of any of the following:
(a) At a rate of speed greater than is reasonable and proper,
or in a careless manner having due regard for conditions then
existing.
(b) Unless the person and any passenger in or on the vehicle
is wearing on his or her head a crash helmet and protective eyewear
approved by the United States department of transportation. This
subdivision does not apply if the vehicle is equipped with a roof
that meets or exceeds standards for a crash helmet and the operator
and each passenger is wearing a properly adjusted and fastened
safety belt.
(c)
During the hours of 1/2 hour after sunset to 1/2 hour
before
sunrise without displaying a lighted headlight and lighted
taillight.
The requirements of this subdivision are in addition to
any
applicable requirements of section 81131(8).
(c) (d)
Unless equipped with a braking
system that may be
operated by hand or foot, capable of producing deceleration at 14
feet per second per second on level ground at a speed of 20 miles
per hour; a brake light, brighter than the taillight, visible when
the brake is activated to the rear of the vehicle when the vehicle
is operated during the hours of 1/2 hour after sunset and 1/2 hour
before sunrise; and a throttle so designed that when the pressure
used to advance the throttle is removed, the engine speed will
immediately and automatically return to idle.
(d) (e)
In a state game area or state park
or recreation area,
except on roads, trails, or areas designated for this purpose; on
state owned lands under the control of the department other than
game areas, state parks, or recreational areas where the operation
would be in violation of rules promulgated by the department; in a
forest nursery or planting area; on public lands posted or
reasonably identifiable as an area of forest reproduction, and when
growing stock may be damaged; in a dedicated natural area of the
department; or in any area in such a manner as to create an erosive
condition, or to injure, damage, or destroy trees or growing crops.
However, the department may permit an owner and guests of the owner
to
use an ORV OHV within the boundaries of a state forest in order
to access the owner's property.
(e) (f)
On the frozen surface of public
waters within 100 feet
of a person not in or upon a vehicle, or within 100 feet of a
fishing shanty or shelter or an area that is cleared of snow for
skating purposes, except at the minimum speed required to maintain
controlled forward movement of the vehicle, or as may be authorized
by permit in special events.
(f) (g)
Unless the vehicle is equipped with
a spark arrester
type United States forest service approved muffler, in good working
order and in constant operation. Exhaust noise emission shall not
exceed 86 Db(A) or 82 Db(A) on a vehicle manufactured after January
1, 1986, when the vehicle is under full throttle, traveling in
second gear, and measured 50 feet at right angles from the vehicle
path with a sound level meter that meets the requirement of ANSI
S1.4 1983, using procedure and ancillary equipment therein
described; or 99 Db(A) or 94 Db(A) on a vehicle manufactured after
January 1, 1986, or that level comparable to the current sound
level as provided for by the United States environmental protection
agency when tested according to the provisions of the current SAE
J1287, June 86 test procedure for exhaust levels of stationary
motorcycles, using sound level meters and ancillary equipment
therein described. A vehicle subject to this part, manufactured or
assembled after December 31, 1972 and used, sold, or offered for
sale in this state, shall conform to the noise emission levels
established by the United States environmental protection agency
under the noise control act of 1972, 42 USC 4901 to 4918.
(g) (h)
Within 100 feet of a dwelling at a
speed greater than
the minimum required to maintain controlled forward movement of the
vehicle, except on property owned or under the operator's control
or on which the operator is an invited guest, or on a roadway,
forest road, or forest trail maintained by or under the
jurisdiction
of the department, or on a road, or street, or highway
on
which ORV OHV use is authorized pursuant to section 81131(2),
(3),
or (5), or (7).
(h) (i)
In or upon the lands of another
without the written
consent of the owner, the owner's agent, or a lessee, when required
by part 731. The operator of the vehicle is liable for damage to
private property, including, but not limited to, damage to trees,
shrubs, or growing crops, injury to other living creatures, or
damage caused through vehicle operation in a manner so as to create
erosive or other ecological damage. The owner of the private
property may recover from the person responsible nominal damages of
not less than the amount of damage or injury. Failure to post
private property or fence or otherwise enclose in a manner to
exclude intruders or of the private property owner or other
authorized person to personally communicate against trespass does
not
imply consent to ORV OHV use.
(i) (j)
In an area on which public hunting
is permitted during
the regular November firearm deer season from 7 a.m. to 11 a.m. and
from 2 p.m. to 5 p.m., except during an emergency or for law
enforcement purposes, to go to and from a permanent residence or a
hunting camp otherwise inaccessible by a conventional wheeled
vehicle, to remove from public land a deer, elk, or bear that has
been taken under a valid license; except for the conduct of
necessary work functions involving land and timber survey,
communication and transmission line patrol, and timber harvest
operations; or except on property owned or under control of the
operator or on which the operator is an invited guest. A hunter
removing game under this subdivision may leave the designated trail
or forest road only to retrieve the game and shall not exceed 5
miles per hour. A vehicle registered under the code is exempt from
this subdivision while operating on a public highway or public or
private road capable of sustaining automobile traffic. A person
holding a valid permit to hunt from a standing vehicle issued under
part
401, or a person with disabilities using an ORV OHV to
access
public lands for purposes of hunting or fishing through use of a
designated trail or forest road, is exempt from this subdivision. A
person holding a valid permit to hunt from a standing vehicle
issued
under part 401, or a person with disabilities using an ORV
OHV to access public lands for purposes of hunting or fishing, may
display a flag, the color of which the department shall determine,
to identify himself or herself as a person with disabilities or a
person holding a permit to hunt from a standing vehicle under part
401.
(j) (k)
While transporting on the vehicle a
bow unless
unstrung or encased, or a firearm unless unloaded and securely
encased, or equipped with and made inoperative by a manufactured
keylocked trigger housing mechanism.
(k) (l) On or
across a cemetery or burial ground, or land used
as an airport.
(l) (m)
Within 100 feet of a slide, ski, or
skating area,
unless the vehicle is being used for the purpose of servicing the
area or is being operated pursuant to section 81131(2), (3), or
(5).
(m) (n)
On an operating or nonabandoned
railroad or railroad
right-of-way, or public utility right-of-way, other than for the
purpose of crossing at a clearly established site intended for
vehicular traffic, except railroad, public utility, or law
enforcement personnel while in performance of their duties, and
except if the right-of-way is designated as provided for in section
81127.
(n) (o)
In or upon the waters of any
stream, river, bog,
wetland, swamp, marsh, or quagmire except over a bridge, culvert,
or similar structure.
(o) (p)
To hunt, pursue, worry, kill, or
attempt to hunt,
pursue, worry, or kill an animal, whether wild or domesticated.
(p) (q)
In a manner so as to leave behind
litter or other
debris.
(q) (r)
In a manner contrary to operating
regulations on
public lands.
(r) (s)
While transporting or possessing,
in or on the
vehicle, alcoholic liquor in a container that is open or uncapped
or upon which the seal is broken, except under either of the
following circumstances:
(i) The container is in a trunk or compartment separate from
the passenger compartment of the vehicle.
(ii) If the vehicle does not have a trunk or compartment
separate from the passenger compartment, the container is encased
or enclosed.
(s) (t)
While transporting any passenger in
or upon an ORV OHV
unless the manufacturing standards for the vehicle make provisions
for transporting passengers.
(t) (u)
On adjacent private land, in an
area zoned
residential, within 300 feet of a dwelling at a speed greater than
the minimum required to maintain controlled forward movement of the
vehicle except on a roadway, forest road, or forest trail
maintained by or under the jurisdiction of the department, or on a
road
or street on which ORV OHV
use is authorized pursuant to
section 81131(2), (3), or (5).
(2) Each person who participates in the sport of OHV
operations accepts the risks associated with that sport insofar as
the dangers are obvious and inherent. Those risks include, but are
not limited to, injuries to persons or property that can result
from variations in terrain; surface or subsurface snow or ice
conditions; bare spots; rocks, trees, and other forms of natural
growth or debris; and collisions with signs, fences, or other OHVs
or train maintenance equipment. Those risks do not include injuries
to persons or property that can result from the use of an OHV by
another person in a careless or negligent manner likely to endanger
person or property. When an OHV is operated in the vicinity of a
railroad right-of-way, each person who participates in the sport of
OHV operations additionally assumes risks including, but not
limited to, entanglement with tracks, switches, and ties and
collisions with trains and other equipment and facilities.
Sec. 81134. (1) A person who is under the influence of
intoxicating liquor or a controlled substance, as defined by
section 7104 of the public health code, 1978 PA 368, MCL 333.7104,
or a combination of intoxicating liquor and a controlled substance
shall
not operate an ORV OHV.
(2) A person who has an alcohol content of 0.10 grams or more
per 100 milliliters of blood, per 210 liters of breath, or per 67
milliliters
of urine shall not operate an ORV OHV.
(3)
The owner or person in charge or in control of an ORV OHV
shall
not authorize or knowingly permit the ORV OHV to be operated
by a person who is under the influence of intoxicating liquor or a
controlled substance or a combination of intoxicating liquor and a
controlled substance.
(4) Except as otherwise provided in this section, a person who
is convicted of a violation of subsection (1), (2), or (3) is
guilty of a misdemeanor, punishable by imprisonment for not more
than 93 days, or a fine of not less than $100.00 or more than
$500.00, or both, together with costs of the prosecution. As part
of the sentence for a violation of subsection (1) or (2), the court
shall
order the person convicted not to operate an ORV OHV for
a
period of not less than 6 months or more than 2 years.
(5) On a second conviction under subsection (1) or (2) or a
local ordinance substantially corresponding to subsection (1) or
(2) within a period of 7 years, a person is guilty of a
misdemeanor, punishable by imprisonment for not more than 1 year,
or a fine of not more than $1,000.00, or both. As part of the
sentence, the court shall order the person convicted not to operate
an
ORV OHV for a period of not less than 1 year or more than 2
years.
(6) On a third or subsequent conviction within a period of 10
years under subsection (1) or (2) or a local ordinance
substantially corresponding to subsection (1) or (2), a person is
guilty of a felony and shall be sentenced to imprisonment for not
less than 1 year or more than 5 years, or a fine of not less than
$500.00 or more than $5,000, or both. As part of the sentence, the
court
shall order the person convicted not to operate an ORV OHV
for a period of not less than 1 year or more than 2 years.
(7)
A person who operates an ORV OHV
in violation of
subsection (1) or (2) or section 81135 and by the operation of that
ORV
OHV causes the death of another person is guilty of a
felony
punishable by imprisonment for not more than 15 years or a fine of
not less than $2,500.00 or more than $10,000.00, or both.
(8)
A person who operates an ORV OHV
within this state in
violation of subsection (1) or (2) or section 81135 and by the
operation
of that ORV OHV causes a serious impairment of a body
function of another person is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not less than
$1,000.00 or more than $5,000.00, or both. As used in this
subsection, "serious impairment of a body function" includes, but
is not limited to, 1 or more of the following:
(a) Loss of a limb or use of a limb.
(b) Loss of a hand, foot, finger, or thumb or use of a hand,
foot, finger, or thumb.
(c) Loss of an eye or ear or use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain damage or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(9) As part of the sentence for a violation of subsection (1)
or (2), or a local ordinance substantially corresponding to
subsection (1) or (2), the court may order the person to perform
service to the community, as designated by the court, without
compensation, for a period not to exceed 12 days. The person shall
reimburse the state or appropriate local unit of government for the
cost of insurance incurred by the state or local unit of government
as a result of the person's activities under this subsection.
(10) Before imposing sentence for a violation of subsection
(1) or (2) or a local ordinance substantially corresponding to
subsection (1) or (2), the court shall order the person to undergo
screening and assessment by a person or agency designated by the
office of substance abuse services, to determine whether the person
is likely to benefit from rehabilitative services, including
alcohol or drug education and alcohol or drug treatment programs.
As part of the sentence, the court may order the person to
participate in and successfully complete 1 or more appropriate
rehabilitative programs. The person shall pay for the costs of the
screening, assessment, and rehabilitative services.
(11) Before accepting a plea of guilty under this section, the
court shall advise the accused of the statutory consequences
possible as the result of a plea of guilty in respect to suspension
of
the person's right to operate an ORV OHV and the penalty imposed
for violation of this section.
(12) Each municipal judge and each clerk of a court of record
shall keep a full record of every case in which a person is charged
with a violation of this section. The municipal judge or clerk of
the court of record shall prepare and immediately forward to the
secretary of state an abstract of the court of record for each case
charging a violation of this section.
Sec.
81135. (1) A person shall not operate an ORV OHV if,
due
to the consumption of intoxicating liquor, a controlled substance,
as defined by section 7104 of the public health code, 1978 PA 368,
MCL 333.7104, or a combination of intoxicating liquor and a
controlled substance, the person has visibly impaired his or her
ability
to operate the ORV OHV. If a person is charged with
violating section 81134, a finding of guilty is permissible under
this section.
(2) Except as otherwise provided in this section, a person
convicted of a violation of this section is guilty of a
misdemeanor, punishable by imprisonment for not more than 93 days,
or a fine of not more than $300.00, or both, together with costs of
the prosecution. As part of the sentence, the court shall order the
person
convicted not to operate an ORV OHV
for a period of not less
than 90 days or more than 1 year.
(3) A person who violates this section or a local ordinance
substantially corresponding to this section, and has 1 or more
prior convictions under this section or section 81134 or a local
ordinance substantially corresponding to this section or section
81134, is guilty of a misdemeanor, punishable by imprisonment for
not more than 1 year, or a fine of not more than $1,000.00, or
both. If the person convicted has only 1 prior conviction described
in this subsection, as part of the sentence, the court shall order
the
person not to operate an ORV OHV
for a period of not less than
6 months or more than 18 months. If the person has 2 or more prior
convictions described in this subsection, the court shall order the
person
not to operate an ORV OHV for a period of not less than 1
year or more than 2 years.
(4) As part of the sentence for a violation of this section or
a local ordinance substantially corresponding to this section, the
court may order the person to perform service to the community, as
designated by the court, without compensation, for a period not to
exceed 12 days. The person shall reimburse the state or appropriate
local unit of government for the cost of insurance incurred by the
state or local unit of government as a result of the person's
activities under this subsection.
(5) Before imposing sentence for a violation of this section
or a local ordinance substantially corresponding to this section,
the court shall order the person to undergo screening and
assessment by a person or agency designated by the office of
substance abuse services, to determine whether the person is likely
to benefit from rehabilitative services, including alcohol or drug
education and alcohol or drug treatment programs. As part of the
sentence, the court may order the person to participate in and
successfully complete 1 or more appropriate rehabilitative
programs. The person shall pay for the costs of the screening,
assessment, and rehabilitative services.
(6) Before accepting a plea of guilty under this section, the
court shall advise the accused of the statutory consequences
possible as a result of a plea of guilty in respect to suspension
of
the person's right to operate an ORV OHV and the penalty imposed
for violation of this section.
(7) Each municipal judge and each clerk of a court of record
shall keep a full record of every case in which a person is charged
with a violation of this section. The municipal judge or clerk of
the court of record shall prepare and immediately forward to the
secretary of state an abstract of the court of record for each case
charging a violation of this section.
Sec. 81136. (1) In a criminal prosecution for violating
section 81134 or 81135 or a local ordinance substantially
corresponding to section 81134 or 81135, or in a criminal
prosecution for negligent homicide or manslaughter resulting from
the
operation of an ORV OHV while the operator is alleged to have
been impaired by or under the influence of intoxicating liquor or a
controlled substance or a combination of intoxicating liquor and a
controlled substance, or to have had a blood alcohol content of
0.10 grams or more per 100 milliliters of blood, per 210 liters of
breath, or per 67 milliliters of urine, the amount of alcohol in
the operator's blood at the time alleged as shown by chemical
analysis of the operator's blood, urine, or breath shall be
admissible into evidence.
(2) If a chemical test of an operator's blood, urine, or
breath is given, the results of the test shall be made available to
the person charged with an offense enumerated in subsection (1) or
the person's attorney upon written request to the prosecution, with
a copy of the request filed with the court. The prosecution shall
furnish the report at least 2 days before the day of the trial and
the results shall be offered as evidence by the prosecution in a
criminal proceeding. Failure to fully comply with the request shall
bar the admission of the results into evidence by the prosecution.
(3) Except in a prosecution relating solely to a violation of
section 81134(2), the amount of alcohol in the operator's blood at
the time alleged as shown by chemical analysis of the operator's
blood, urine, or breath shall give rise to the following
presumptions:
(a) If at the time the operator had an alcohol content of 0.07
grams or less per 100 milliliters of blood, per 210 liters of
breath, or per 67 milliliters of urine, it shall be presumed that
the operator was not under the influence of intoxicating liquor.
(b) If at the time the operator had an alcohol content of more
than 0.07 grams but less than 0.10 grams per 100 milliliters of
blood, per 210 liters of breath, or per 67 milliliters of urine, it
shall
be presumed that the operator's ability to operate an ORV OHV
was impaired within the provisions of section 81135 due to the
consumption of intoxicating liquor.
(c) If at the time the operator had an alcohol content of 0.10
grams or more per 100 milliliters of blood, per 210 liters of
breath, or per 67 milliliters of urine, it shall be presumed that
the operator was under the influence of intoxicating liquor.
(4) A sample or specimen of urine or breath shall be taken and
collected in a reasonable manner. Only a licensed physician, or a
licensed nurse or medical technician under the direction of a
licensed physician and qualified to withdraw blood acting in a
medical environment, at the request of a peace officer, may
withdraw blood for the purpose of determining the alcoholic content
of the blood under this part. Liability for a crime or civil
damages predicated on the act of withdrawing blood and related
procedures shall not attach to a qualified person who withdraws
blood or assists in the withdrawal in accordance with this part
unless the withdrawal is performed in a negligent manner.
(5) A person arrested for a crime enumerated in subsection (1)
who takes a chemical test administered at the request of a peace
officer, as provided in this part, shall be given a reasonable
opportunity to have a person of his or her own choosing administer
1 of the chemical tests described in this section within a
reasonable time after his or her detention, and the results of the
test shall be admissible and shall be considered with other
competent evidence in determining the defendant's innocence or
guilt of a crime enumerated in subsection (1). If the person
arrested is administered a chemical test by a person of his or her
own choosing, the person arrested shall be responsible for
obtaining a chemical analysis of the test sample. The person shall
be informed that he or she has the right to demand that a person of
his or her choosing administer 1 of the chemical tests described in
this section, that the results of the test shall be admissible and
shall be considered with other competent evidence in determining
the innocence or guilt of the defendant, and that the person
arrested shall be responsible for obtaining a chemical analysis of
the test sample.
(6) A person arrested shall be advised that if the person
refuses the request of a peace officer to take a test described in
this section, a test shall not be given without a court order. The
person arrested shall also be advised that the person's refusal of
the request of a peace officer to take a test described in this
section shall result in the suspension of the person's right to
operate
an ORV OHV.
(7) This section shall not be construed as limiting the
introduction of any other competent evidence bearing upon the
question of whether or not the defendant was impaired by or under
the influence of intoxicating liquor or a controlled substance, or
a combination of intoxicating liquor and a controlled substance, or
whether the person had a blood alcohol content of 0.10 grams or
more per 100 milliliters of blood, per 210 liters of breath, or per
67 milliliters of urine.
(8) If a jury instruction regarding a defendant's refusal to
submit to a chemical test under this section is requested by the
prosecution or the defendant, the jury instruction shall be given
as follows:
"Evidence was admitted in this case which, if believed by the
jury, could prove that the defendant had exercised his or her right
to refuse a chemical test. You are instructed that such a refusal
is within the statutory rights of the defendant and is not evidence
of the defendant's guilt. You are not to consider such a refusal in
determining the guilt or innocence of the defendant.".
(9)
If after an accident the operator of an ORV OHV involved
in the accident is transported to a medical facility and a sample
of the operator's blood is withdrawn at that time for the purpose
of medical treatment, the results of a chemical analysis of that
sample shall be admissible in a criminal prosecution for a crime
described in subsection (1) to show the amount of alcohol or
presence of a controlled substance, or both, in the person's blood
at the time alleged, regardless of whether the person had been
offered or had refused a chemical test. The medical facility or
person performing the chemical analysis shall disclose the results
of the analysis to a prosecuting attorney who requests the results
for use in a criminal prosecution as provided in this subsection. A
medical facility or person disclosing information in compliance
with this subsection shall not be civilly or criminally liable for
making the disclosure.
(10)
If after an accident the operator of an ORV OHV involved
in the accident is deceased, a sample of the decedent's blood shall
be withdrawn in a manner directed by the medical examiner for the
purpose of determining blood alcohol content or presence of a
controlled substance, or both. The medical examiner shall give the
results of the chemical analysis to the law enforcement agency
investigating the accident, and that agency shall forward the
results to the department of state police.
Sec. 81137. (1) Except as provided in subsection (2), a person
who
operates an ORV OHV is considered to have given consent to
chemical tests of his or her blood, breath, or urine for the
purpose of determining the amount of alcohol or presence of a
controlled substance or both in his or her blood, and may be
requested by a peace officer to submit to chemical tests of his or
her blood, breath, or urine for the purpose of determining the
amount of alcohol or presence of a controlled substance or both in
his or her blood if:
(a) The person is arrested for a violation of section 81134(1)
or (2) or 81135 or a local ordinance substantially corresponding to
section 81134(1) or (2) or 81135.
(b) The person is arrested for negligent homicide or
manslaughter
resulting from the operation of an ORV OHV, and the
peace officer has reasonable grounds to believe that the person was
operating
the ORV OHV while impaired by or under the influence of
intoxicating liquor, a controlled substance, or a combination of
intoxicating liquor and a controlled substance.
(2) A person who is afflicted with hemophilia, diabetes, or a
condition requiring the use of an anticoagulant under the direction
of a physician shall not be considered to have given consent to the
withdrawal of blood.
Sec. 81139. (1) Upon receipt of a report made pursuant to
section 81138, the secretary of state shall immediately notify the
person in a writing, mailed to the person's last known address,
that the report has been received and that within 14 days after the
date of the notice the person may request an administrative hearing
as provided in section 81140.
(2) The notice shall specifically state that failure to
request a hearing within 14 days shall result in the suspension of
the
person's right to operate an ORV OHV and that the person is
not
required to retain counsel for the hearing, although counsel will
be permitted to represent the person at the hearing.
Sec. 81140. (1) If a person who refuses to submit to a
chemical test pursuant to section 81138 does not request an
administrative hearing within 14 days after the date of notice
pursuant to section 81139, the secretary of state shall suspend the
person's
right to operate an ORV OHV
for a period of 6 months, or
for a second or subsequent refusal within a period of 7 years, for
1 year.
(2) If an administrative hearing is requested, the secretary
of state shall appoint a hearing officer to conduct the hearing.
Not less than 10 days' notice of the hearing shall be provided by
mail to the person submitting the request, to the peace officer who
filed the report under section 81138, and, if a prosecuting
attorney requests receipt of the notice, to the prosecuting
attorney of the county where the arrest was made. The hearing
officer may administer oaths and issue subpoenas for the attendance
of necessary witnesses, and may grant a reasonable request for an
adjournment. The hearing shall cover only the following issues:
(a) Whether the peace officer had reasonable grounds to
believe that the person committed a crime described in section
81137(1).
(b) Whether the person was placed under arrest for a crime
described in section 81137(1).
(c) Whether the person reasonably refused to submit to a
chemical test upon request of the officer.
(d) Whether the person was advised of his or her rights under
section 81136.
(3) An administrative hearing conducted under this section is
not a contested case for the purposes of chapter 4 of the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 24.271 to 24.287 of the Michigan
Compiled
Laws 1969 PA 306, MCL 24.271
to 24.287. The hearing shall
be conducted in an impartial manner. A final decision or order of a
hearing officer shall be made in writing or stated in the record,
and shall include findings of fact based exclusively on the
evidence presented and matters officially noticed, and shall
specify any sanction to be imposed against the person involved. A
copy of the final decision or order shall be delivered or mailed
immediately to the person and the peace officer.
(4) After the administrative hearing, if the person is found
to have unreasonably refused to submit to a chemical test, the
secretary of state shall suspend the person's right to operate an
ORV
OHV for a period of 6 months, or for a second or
subsequent
refusal within a period of 7 years, for 1 year. Within 60 days
after the final decision or order is issued by the hearing officer,
the person may file a petition in the circuit court of the county
in which the arrest was made to review the suspension. The scope of
the court's review shall be limited to the issues provided in
section
106 of Act No. 306 of the Public Acts of 1969, being
section
24.306 of the Michigan Compiled Laws 1969 PA 306, MCL
24.306.
(5) The circuit court shall enter an order setting the cause
for hearing for a date certain that is not more than 60 days after
the date of the order. The order, a copy of the petition, which
shall include the person's full name, current address, birth date,
and driver's license number, and all supporting affidavits shall be
served on the secretary of state's office in Lansing not less than
50 days before the date set for the hearing. The department shall
cause a record to be made of the proceedings held pursuant to
subsection (2). The record shall be prepared and transcribed in
accordance
with section 86 of Act No. 306 of the Public Acts of
1969,
being section 24.286 of the Michigan Compiled Laws 1969 PA
306, MCL 24.286. Upon notification of the filing of a petition for
judicial review, the department shall transmit to the court in
which the petition was filed, not less than 10 days before the
matter is set for review, the original or a certified copy of the
official record of the proceedings.
Sec. 81140a. (1) If the operator's or chauffeur's license of a
person who is a resident of this state is suspended or revoked by
the secretary of state under the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923, or if the driver license of a person who
is a nonresident is suspended or revoked under the law of the state
in
which he or she resides, that person shall not operate an ORV
OHV under this part for the same period.
(2) A person who violates this section is guilty of a
misdemeanor punishable as follows:
(a) For a first conviction, imprisonment for not more than 93
days or a fine of not more than $500.00, or both.
(b) For a second or subsequent conviction, imprisonment for
not more than 180 days or a fine of not more than $1,000.00, or
both.
Sec. 81141. (1) A peace officer who has reasonable cause to
believe
that a person was operating an ORV OHV and that the person
by the consumption of intoxicating liquor may have affected his or
her
ability to operate the ORV OHV, may require the person to
submit to a preliminary chemical breath analysis.
(2) A peace officer may arrest a person based in whole or in
part upon the results of a preliminary chemical breath analysis.
(3) The results of a preliminary chemical breath analysis
shall be admissible in a criminal prosecution for a crime
enumerated in section 81136(1) or in an administrative hearing held
under section 81140, solely to assist the court or hearing officer
in determining a challenge to the validity of an arrest. This
subsection does not limit the introduction of other competent
evidence offered to establish the validity of an arrest.
(4) A person who submits to a preliminary chemical breath
analysis shall remain subject to the requirements of sections
81136, 81137, 81138, 81139, and 81140 for the purposes of chemical
tests described in those sections.
(5) A person who refuses to submit to a preliminary chemical
breath analysis upon a lawful request by a peace officer is
responsible for a state civil infraction and may be ordered to pay
a civil fine of not more than $100.00.
Sec.
81142. A person whose right to operate an ORV OHV has
been
suspended pursuant to this part and who operates an ORV OHV is
guilty of a misdemeanor, punishable by imprisonment for not more
than 90 days, or a fine of not more than $1,000.00, or both.
Sec. 81143. (1) The operator of a vehicle involved in an
accident resulting in injuries to, or the death of, a person, or
resulting in property damage in an estimated amount of $100.00 or
more, shall immediately, by the quickest available means of
communication, notify a state police officer, or the sheriff's
office of the county in which the accident occurred. The police
agency receiving the notice shall complete a report of the accident
on forms prescribed by the director of the department of state
police and forward the report to the department of state police and
the department.
(2) A medical facility to which a person injured in an
accident
involving an ORV OHV is transported shall report the
accident to the department of state police.
(3) The department of state police, in cooperation with the
department, shall collect and evaluate information concerning
accidents
involving ORVs OHVs.
(4) The operator of a vehicle involved in an accident upon
public or private property resulting in injury to or the death of a
person shall immediately stop at the scene of an accident and shall
render to any person injured in the accident reasonable assistance
in securing medical aid or transportation.
Sec. 81144. If a peace officer has reasonable cause to believe
that a person was, at the time of an accident, the operator of an
ORV
OHV involved in the accident and was operating the ORV
OHV
while under the influence of an intoxicating liquor, a controlled
substance
as defined in section 7104 of the public health code, Act
No.
368 of the Public Acts of 1978, being section 333.7104 of the
Michigan Compiled Laws 1978 PA 368, MCL 333.7104,
or a combination
of intoxicating liquor and a controlled substance, or was operating
the
ORV OHV while his or her ability to operate an ORV OHV was
impaired due to the consumption of intoxicating liquor, a
controlled substance, or a combination of intoxicating liquor and a
controlled substance, the peace officer may arrest the alleged
operator
of the ORV OHV without a warrant.
Sec. 81145. (1) Law enforcement officers may issue appearance
tickets for violations of this part, pursuant to sections 9a to 9g
of
chapter 4 of Act No. 175 of the Public Acts of 1927, being
sections
764.9a to 764.9g of the Michigan Compiled Laws 1927 PA
175, MCL 764.9a to 764.9g.
(2) In a proceeding for a violation of this part involving
prohibited operation or conduct, the registration number or
numbered
decal or vehicle identification number displayed on an ORV
OHV shall constitute prima facie evidence that the owner of the
vehicle was the person operating the vehicle at the time of the
offense; unless the owner identifies the operator to law
enforcement officials, the vehicle was reported as stolen at the
time of the violation, or that the vehicle was stolen or not in use
at the time of the violation.
Sec.
81146. (1) An operator of an ORV OHV, who is given by
hand, voice, emergency light, or siren a visual or audible signal
by a law enforcement officer acting in the lawful performance of
his or her duty, directing the operator to bring the vehicle to a
stop, and who willfully fails to obey the signal by increasing
speed, extinguishing lights, or otherwise attempting to flee or
elude the officer, is guilty of a misdemeanor. The officer giving
the signal shall be in uniform, and the officer's vehicle shall be
easily identifiable as an official law enforcement vehicle.
(2) The operator of a vehicle on the private premises of
another, when visibly hailed by the owner or the owner's authorized
agent, shall bring the vehicle to an immediate stop and provide
personal identification. Refusal to obey such a request to stop or
subsequent escape or attempt to escape is a misdemeanor.
Sec. 81147. (1) Except as otherwise provided in this part, a
person who violates this part is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not less
than $50.00 or more than $1,000.00, or both, for each violation.
(2) A person who operates an OHV without wearing on his or her
head a crash helmet in violation of section 81133(1)(b) is
responsible for a state civil infraction and shall be fined not
less than $250.00 or more than $1,000.00, or both, for each
violation.
(3) A legal guardian or parent or an owner or person in charge
of an OHV who fails to properly supervise the use of an OHV by a
child in violation of section 81129 is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of
not less than $250.00 or more than $1,000.00, or both, for each
violation.
(4) A person who operates an OHV in violation of section
81133(1)(e), (i), (l), (m), or (n) is responsible for a state civil
infraction and shall be fined not less than $250.00 or more than
$1,000.00, or both, for each violation.
(5) (2)
A person who violates section
81133(e) by operating an
ORV
OHV in such a manner as to create an erosive condition
or who
violates section 81133(i) or (o) is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of
not less than $250.00 or more than $1,000.00, or both, for each
violation.
(6) (3)
A person who violates section
81105, 81107, 81115,
81116, 81121, 81130, or 81133(b), (c), (d), (f), (g), (h), (j), (l),
or (m) is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $500.00.
(7) (4)
A person shall not remove, deface,
or destroy a sign
or marker placed by the department indicating the boundaries of an
ORV
OHV trail or area or that marks a route.
(8) (5)
In addition to the penalties
otherwise provided under
this part, a court of competent jurisdiction may order a person to
restore, as nearly as possible, any land, water, stream bank,
streambed, or other natural or geographic formation damaged by the
violation of this part to the condition it was in before the
violation occurred.
(9) (6)
The department or any other peace
officer may impound
the
ORV OHV of a person who commits a violation of this part
that
is punishable as a misdemeanor or who causes damage to the
particular
area in which the ORV OHV was used in the commission of
the violation.
(10) (7)
Upon conviction of a person for a violation
described
in
subsection (5) (8), a court of competent jurisdiction may order
the
ORV OHV and any personal property on the ORV OHV seized
as a
result of the violation returned to the owner or, upon
recommendation of the local prosecuting attorney, turned over to
the
department. An ORV OHV or any other property turned over to the
department under this subsection shall be disposed of in the manner
provided for condemnation of property in part 16. The proceeds
realized by the department under this subsection shall first be
used
to restore areas damaged by ORV OHV
use, with the balance to
be
deposited in the off-road off-highway
vehicle account.
Sec.
81148. A person shall not have an ORV OHV condemned
pursuant to section 81147 if the trespass is the result of an
emergency situation.
Sec. 81149. The department shall conduct a survey to determine
the total unrefunded gasoline sales tax money it estimates to have
been collected from the sale of gasoline relating to the nonhighway
use
of ORVs OHVs, and shall submit a report to the legislature
along with a recommendation as to the method by which the
unrefunded gasoline sales tax money estimated to have been
collected
shall be appropriated to benefit ORV OHV users. The first
survey shall be submitted to the legislature prior to January 31,
1977 and every third year thereafter. The department shall include
in its budget requests information detailing survey programs.
Sec. 82156a. (1) Except as provided in this section and in
section 82156c, personal information in a record maintained under
this part shall not be disclosed, unless the person requesting the
information
furnishes proof of identity deemed considered
satisfactory to the secretary of state and certifies that the
personal information requested will be used for a permissible
purpose identified in this section or in section 82156c.
Notwithstanding this section, highly restricted personal
information shall be used and disclosed only as expressly permitted
by law.
(2) Personal information in a record maintained under this act
shall be disclosed by the secretary of state if required to carry
out the purposes of a specified federal law. As used in this
section, "specified federal law" means the automobile information
disclosure
act, Public Law 85-506, 15 U.S.C. USC 1231 to 1232 and
1233, the former motor vehicle information and cost savings act,
Public Law 92-513, the former national traffic and motor vehicle
safety act of 1966, Public Law 89-563, the anti-car theft act of
1992, Public Law 102-519, 106 Stat. 3384, the clean air act,
chapter
360, 69 Stat. 322, 42 U.S.C. USC 7401
to 7431, 7470 to
7479,
7491 to 7492, 7501 to 7509a, 7511 to 7515, 7521 to 7525, 7541
to
7545, 7547 to 7550, 7552 to 7554, 7571 to 7574, 7581 to 7590,
7601
to 7612, 7614 to 7617, 7619 to 7622, 7624 to 7627, 7641 to
7642,
7651 to 7651o, 7661 to 7661f, and 7671 to 7671q, and all
federal regulations promulgated to implement these federal laws.
(3) Personal information in a record maintained under this
part may be disclosed as follows:
(a) For use by any government agency, including any court or
law enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a government agency in
carrying out its functions.
(b) For use in connection with matters of snowmobile and
operator
safety or ORV OHV theft; snowmobile emissions; snowmobile
product alterations, recalls, or advisories; performance monitoring
of snowmobiles; snowmobiles research activities, including survey
research; and the removal of nonowner records from the original
records of snowmobile manufacturers.
(c) For use in the normal course of business by a business or
its agents, employees, or contractors to verify the accuracy of
personal information submitted by an individual to the business or
its agents, employees, or contractors, and if the information as
submitted is not correct or is no longer correct, to obtain the
correct information, but only for the purposes of preventing fraud,
by pursuing legal remedies against, or recovering on a debt or
security interest against, the individual.
(d) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any court or government
agency or before any self-regulatory body, including the service of
process, investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or pursuant to an
order of any court.
(e) For use in legitimate research activities and in preparing
statistical reports for commercial, scholarly, or academic purposes
by a bona fide research organization, so long as the personal
information is not published, redisclosed, or used to contact
individuals.
(f) For use by any insurer, self-insurer, or insurance support
organization, or its agents, employees, or contractors, in
connection with claims investigation activities, antifraud
activities, rating, or underwriting.
(g) For use in providing notice to the owner of an abandoned,
towed, or impounded snowmobile.
(h) For use by any licensed private security guard agency or
alarm system contractor licensed under the private security guard
act of 1968, 1968 PA 330, MCL 338.1051 to 338.1085, or a private
detective or private investigator licensed under the private
detective license act of 1965, 1965 PA 285, MCL 338.821 to 338.851,
for any purpose permitted under this section.
(i)
For use by an ORV OHV rental business or its employees,
agents, contractors, or service firms for the purpose of making
rental decisions.
(j) For use by a news medium in the preparation and
dissemination of a report related in part or in whole to the
operation
of a motor vehicle or public safety. "News
As used in
this subdivision, "news medium" includes a newspaper, a magazine or
periodical published at regular intervals, a news service, a
broadcast network, a television station, a radio station, a
cablecaster, or an entity employed by any of the foregoing.
(k) For any use by an individual requesting information
pertaining to himself or herself or requesting in writing that the
secretary of state provide information pertaining to himself or
herself to the individual's designee. A request for disclosure to a
designee, however, may be submitted only by the individual.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6159(request no.
04595'09).
(b) Senate Bill No.____ or House Bill No. 6160(request no.
06837'10).
(c) Senate Bill No.____ or House Bill No. 6161(request no.
06838'10).