SNOWMOBILES: “PEACE OFFICER” - H.B. 4408: COMMITTEE SUMMARY


sans-serif">House Bill 4408 (as passed by the House)

Sponsor: Representative Ken Bradstreet

House Committee: Conservation and Outdoor Recreation

Senate Committee: Natural Resources and Environmental Affairs


Date Completed: 6-9-03


CONTENT


The bill would amend Part 821 (Snowmobiles) of the Natural Resources and Environmental Protection Act to define the term “peace officer” as any of the following:

 

--    A sheriff.

--    A sheriff’s deputy.

--    A deputy who was authorized by a sheriff to enforce Part 821 and who had satisfactorily completed at least 40 hours of law enforcement training, including training specific to Part 821.

--    A village or township marshal.

--    An officer of the police department of any municipality.

--    An officer of the Michigan State Police.

--    The Director and conservation officers employed by the Department of Natural Resources.


Under Part 821, a peace officer has the authority to issue appearance tickets for violations of this part; direct snowmobile operators to stop; and arrest a person without a warrant if the officer observes a violation of Part 821, a rule established under it, or a local ordinance. A peace officer also may arrest a person without a warrant if the officer has reasonable cause to believe the person was operating a snowmobile involved in an accident and was under the influence of or impaired by liquor or a controlled substance. In addition, a peace officer may require a person to submit to a preliminary chemical breath analysis if the officer believes the person’s ability to operate a snowmobile was affected by the consumption of liquor; may arrest the person based on the results of the analysis; and may seek a court order for a chemical test of a person’s blood, breath, or urine.


MCL 324.82101 - Legislative Analyst: Suzanne Lowe


FISCAL IMPACT


The bill would have no fiscal impact on State or local government.


 - Fiscal Analyst: Bruce BakerS0304\s4408sa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.