Michigan Laws 324.80104 – “Highly restricted personal information” defined; definitions; P to W
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Terms Used In Michigan Laws 324.80104
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt, or a probate court or family division disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.80101
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Director: means the director of the department of natural resources. See Michigan Laws 324.301
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.80102Marine safety act: means former Act No. See Michigan Laws 324.80103 Marine safety program: means marine law enforcement, search and rescue operations, water safety education, recovery of drowned bodies, and boat livery inspections. See Michigan Laws 324.80103 Municipality: means a city, village, or township. See Michigan Laws 324.301 Operate: means to be in control of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor. See Michigan Laws 324.80103 Operator: means the person who is in control or in charge of a vessel while that vessel is underway. See Michigan Laws 324.80103 Peace officer: means any of the following:
(i) A sheriff. See Michigan Laws 324.80104Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80104 Port: means left, and reference is to the port side of a vessel or to the left side of the vessel. See Michigan Laws 324.80104 Probate: Proving a will Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 Starboard: means right, and reference is to the starboard side of a vessel or to the right side of the vessel. See Michigan Laws 324.80104 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80104 Waterways account: means the waterways account established in section 2035. See Michigan Laws 324.80104
As used in this part:
(a) “Highly restricted personal information” means an individual’s photograph or image, Social Security number, digitized signature, and medical and disability information.
(b) “Passenger” means an individual carried on board, attached to, or towed by a vessel, other than the operator.
(c) “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 a municipality.
(vi) An officer of the department of state police.
(vii) The director and conservation officers employed by the department.
(d) “Personal information” means information that identifies an individual, including an individual’s driver license number, name, address not including zip code, and telephone number, but does not include information on watercraft operation and equipment-related violations or civil infractions, operator or vehicle registration status, accidents, or other behaviorally related information.
(f) “Political subdivision” means a county, metropolitan authority, municipality, or combination of those entities in this state. If a body of water is located in more than 1 political subdivision, all of the subdivisions shall act individually in order to comply with this part, except that if the problem is confined to a specific area of the body of water, only the political subdivision in which the problem waters lie shall act.
(g) “Port” means left, and reference is to the port side of a vessel or to the left side of the vessel.
(h) “Prior conviction” means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(i) A violation or an attempted violation of section 80176(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 80176(6), a local ordinance substantially corresponding to section 80176(6), a law of another state substantially corresponding to section 80176(6), or a law of the United States substantially corresponding to section 80176(6) may be used as a prior conviction other than for enhancement purposes as provided in section 80178a(1)(b).
(ii) Negligent homicide, manslaughter, or murder resulting from the operation of a vessel or an attempt to commit any of those crimes.
(iii) Former section 73, 73b, or 171(1) of the marine safety act.
(i) “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.
(j) “Prosecuting attorney”, unless the context requires otherwise, means the attorney general, prosecuting attorney of a county, or attorney representing a political subdivision of government.
(k) “Regatta”, “boat race”, “marine parade”, “tournament”, or “exhibition” means an organized water event of limited duration that is conducted according to a prearranged schedule.
(l) “Slow—no wake speed” means a very slow speed whereby the wake or wash created by the vessel would be minimal.
(m) “Specialty court program” means a program under any of the following:
(i) A drug treatment court, as defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060, in which the participant is an adult.
(ii) A DWI/sobriety court, as defined in section 1084 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1084.
(iii) A hybrid of the programs under subparagraphs (i) and (ii).
(iv) A mental health court as defined in section 1090 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1090.
(v) A veterans treatment court, as defined in section 1200 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1200.
(n) “Starboard” means right, and reference is to the starboard side of a vessel or to the right side of the vessel.
(o) “State aid” means payment made by this state to a county for the conduct of a marine safety program.
(p) “Temporary ordinance” means a type of local ordinance adopted by a political subdivision of this state under section 80112a that includes, but is not limited to, a local watercraft control or administrative rule.
(q) “Undocumented vessel” means a vessel that does not have, and is not required to have, a valid marine document issued by the United States Coast Guard or federal agency successor to the United States Coast Guard.
(r) “Uniform inspection decal” means an adhesive-backed sticker created by the department that is color-coded to indicate the year that it expires and is attached to a vessel in the manner prescribed for decals in section 80122 when a peace officer inspects and determines that the vessel complies with this part.
(s) “Use” means operate, navigate, or employ.
(t) “Vessel” means every description of watercraft used or capable of being used as a means of transportation on water.
(u) “Waters of this state” means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state.
(v) “Waterways account” means the waterways account established in section 2035.