SB-0415, As Passed Senate, May 25, 2005

SUBSTITUTE FOR

SENATE BILL NO. 415

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 82148 (MCL 324.82148), as added by 1995 PA 58.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 82148.  (1) Upon receipt of the appropriate records of

conviction, the secretary of state shall issue an order with no

expiration date that the person not operate a snowmobile to a

person having any of the following convictions, whether under a law

of this state, a local ordinance substantially corresponding to a

law of this state, or a law of another state substantially

corresponding to a law of this state:

     (a) Two convictions of a felony involving the use of a

snowmobile within 7 years.

     (b) Any combination of 2 convictions within 7 years for  1 or

more of the following:

     (i) A  a violation of section 82127(1),  former section 15a(1)

of  Act No. 74 of the Public Acts of 1968  former 1968 PA 74, or

former section 15a of former 1968 PA 74, as added by 1980 PA 402.

     (ii)  A violation of section 82127(4) or (5) or former section

15a(4) or (5) of Act No. 74 of the Public Acts of 1968.

     (c) One conviction under section 82127(4) or (5) or  former

section 15a(4) or (5) of  Act No. 74 of the Public Acts of 1968

former 1968 PA 74.

     (d) Any combination of 3 convictions within 10 years for a

violation of section 82127(1)  ,  or (3),  (4), or (5), former

section 15a(1)  ,  or (3)  , (4), or (5) of Act No. 74 of the

Public Acts of 1968  of former 1968 PA 74, or  former section 15a

of former 1968 PA 74, as added by 1980 PA 402.

     (2) The department shall seek to enter agreements with the

appropriate agencies of other states for the sharing of records of

convictions described in subsection (1).

(3)  (2) The secretary of state shall issue an order with no

expiration date that a person not operate a snowmobile

notwithstanding a court order issued under section  82127, sections

82141 to 82142, or a local ordinance substantially corresponding

to section  82127 or sections 82141 to 82142. The secretary of

state shall not terminate an indefinite order issued under this

part until both of the following occur:

     (a) The later of the following:

     (i) The expiration of not less than 1 year after the order was

issued.

     (ii)  The expiration of not less than 5 years after the date of

a subsequent issuance of an indefinite order occurring within 7

years after the date of a prior order.

     (b) The person meets the requirements of the department of

state.

(4)  (3) Multiple convictions or probate court dispositions

resulting from the same incident shall be treated as a single

violation for purposes of issuance of an order under this section.

(5)  (4) A person who is aggrieved by the issuance of an

order by the secretary of state under this section may request a

hearing with the secretary of state. The hearing shall be requested

within 14 days after issuance of an order under this section by the

secretary of state. If a hearing is requested, the secretary of

state shall hold the hearing in the same manner and under the same

conditions as provided in section 322 of the Michigan vehicle code,

Act No. 300 of the Public Acts of 1949, being section 257.322 of

the Michigan Compiled Laws  1949 PA 300, MCL 257.322.

(6)  (5) The hearing officer shall make a record of

proceedings held pursuant to subsection  (2)  (5). The record shall

be prepared and transcribed in accordance with section 86 of the

administrative procedures act of 1969,  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 pursuant to section 82150 and not less

than 10 days before the matter is set for review, the hearing

officer shall transmit to the court in which the petition is filed

the original or a certified copy of the official record of the

proceedings. The parties to the proceedings for judicial review may

stipulate that the record be shortened. A party unreasonably

refusing to stipulate to a shortened record may be taxed by the

court in which the petition is filed for the additional costs. The

court may permit subsequent corrections to the record.

(7)  (6) Judicial review of an administrative sanction under

this section is governed by the law in effect at the time the

offense was committed or attempted.