HB-5836, As Passed House, December 12, 2018

HB-5836, As Passed Senate, December 12, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5836

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 44522, 80141, and 80212 (MCL 324.44522,

324.80141, and 324.80212), section 44522 as amended by 2012 PA 294

and sections 80141 and 80212 as amended by 2012 PA 120; and to

repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 44522. (1) A boat livery shall not rent a personal

watercraft to any of the following:

(a) A person who is under 14 years of age.

(b) A person who does not display to the boat livery owner or

the owner's agent, if it is required under part 802, a ~~boater~~

boating safety certificate that is issued by the department if

~~required under part 802.~~

~~(c) A person who is not required to obtain a boater safety~~

~~certificate issued by the department under part 802 before~~

~~operating a personal watercraft,~~ or the United States Coast Guard

Auxiliary or an electronic copy, in a format approved by the

department of such a boating safety certificate, unless the ~~person~~

individual obtains training in the safe use of a personal

watercraft from the boat livery before the personal watercraft is

rented. The department shall provide to boat liveries guidelines

for the training required under this subdivision.

(2) A person who rents a personal watercraft from a boat

livery shall not permit an individual to operate the personal

watercraft if the individual has not obtained a boating safety

certificate as required under part 802.

(3) A boat livery shall provide a copy of the written rental

agreement to each individual who rents a personal watercraft from

the boat livery and who has obtained the training required under

subsection (1). The written rental agreement shall include all of

the following information:

(a) The name of the person who rents a personal watercraft

from the boat livery.

(b) The date or dates of the rental.

(4) The written rental agreement described under subsection

(3) is a valid boating safety certificate under part 802 only for

the person named in the certificate on the date or dates of the

rental of the personal watercraft.

(5) A person who rents a personal watercraft from a boat

livery is liable for any injury ~~occasioned by~~ resulting from the

negligent operation of the personal watercraft, whether the

negligence consists of a violation of the statutes of this state,

or the failure to observe the ordinary care in operation required

by the common law. ~~The~~ If the personal watercraft is operated by an

individual other than the person who rents the personal watercraft,

the person who rents the personal watercraft is not liable under

this subsection unless the personal watercraft is being ~~used~~

operated with his or her expressed or implied consent. It ~~shall be~~

is rebuttably presumed that the personal watercraft is being

operated with the ~~knowledge and~~ consent of the person if it is

~~driven at the time of the injury~~ operated by his or her son,

daughter, spouse, father, mother, brother, sister, or other

immediate member of the person's family.

(6) A person who violates subsection (1) or (2) is guilty of a

misdemeanor, punishable by imprisonment for not more than 90 days

or a fine of not less than $100.00 or more than $500.00, or both. A

person who violates subsection (1) or (2) twice within a 3-year

period 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. A person who violates subsection (1) or (2) 3 or more times

within a 5-year period is guilty of a misdemeanor punishable by

imprisonment for not more than 90 days or a fine of not more than

$2,000.00, or both.

(7) In addition to any penalty imposed under subsection (6),

upon a person's second or subsequent violation of subsection (1),

the court may issue an order impounding the personal watercraft

that was rented in violation of subsection (1) for not more than 1

year. The cost of storage for an impoundment ordered under this

subsection shall be paid by the owner of the personal watercraft.

Sec. 80141. (1) ~~Except as otherwise provided in this section,~~

In addition to the requirements of subsection (2), a person less

than 12 years of age shall not operate a motorboat that is powered

by a motor or motors totaling more than 6 horsepower on the waters

of this state unless ~~all~~ both of the following ~~conditions~~

requirements are met:

~~(a) He or she has been issued and is in possession of a~~

~~boating safety certificate.~~

(a) ~~(b)~~ He or she is under the direct supervision of a person

on board the motorboat who is 16 years of age or older and who, if

born on or after July 1, 1996, has been issued a boating safety

certificate.

(b) ~~(c)~~ The motorboat ~~he or she operates~~ is powered by a motor

or motors totaling no more than 35 horsepower.

~~(2) Except as otherwise provided in this section, a person 12~~

~~through 15 years of age may operate a motorboat on the waters of~~

~~this state only if that person complies with either of the~~

~~following:~~

~~(a) He or she is accompanied by at least 1 person 16 years of~~

~~age or older.~~

~~(b) He or she is in possession of a boating safety certificate~~

~~issued after he or she has satisfactorily completed a department~~

~~approved course in boating safety.~~

~~(3) A person operating a motorboat as described in this~~

~~section shall present the boating safety certificate issued to him~~

~~or her upon the demand of any peace officer.~~

~~(4) This section does not apply to the operation of a~~

~~motorboat that is powered by a motor or motors totaling no more~~

~~than 6 horsepower.~~

(2) ~~(5) Beginning July 1, 2012, a person who is~~ Subject to

subsection (4), a person born on or after July 1, 1996 shall not

operate a motorboat that is powered by a motor or motors totaling

more than 6 horsepower on the waters of this state unless the

person has been issued ~~and is in possession of~~ a boating safety

certificate.

(3) A person operating or supervising the operation of a

motorboat as described in this section shall present the boating

safety certificate issued to him or her or, at the person's option,

an electronic copy, in a format approved by the department, of a

boating safety certificate issued to him or her, upon the demand of

a peace officer who identifies himself or herself as a peace

officer.

(4) An individual who, under subsection (3), displays an

electronic copy of his or her boating safety certificate using an

electronic device is not presumed to have consented to a search of

the electronic device. This state, an employee of this state, a

peace officer, or an entity employing the peace officer is not

liable for damage to or loss of an electronic device that occurs as

a result of the peace officer's viewing an electronic copy of a

boating safety certificate as provided in this section, regardless

of whether the peace officer was in possession of the electronic

device at the time the damage or loss occurred.

Sec. 80212. (1) The department shall issue a boating safety

certificate to each individual who successfully completes a boating

safety course as described in section 80211 and passes an

examination prescribed by the department.

(2) The department shall consider the number of examinations

that are administered under this section when calculating the state

aid to counties under section 80117.

(3) The department shall not issue a boating safety

certificate to an individual unless the individual has successfully

completed a boating safety course and passed an examination as

described in subsection (1). A boating safety certificate issued

under this section is valid, unless revoked, for the life of the

person who earned the certificate.

(4) The department of natural resources shall develop and, in

conjunction with the department of state police, implement a

process using the L.E.I.N., or any other appropriate system that

limits access to law enforcement, to allow law enforcement agencies

of this state to verify that an individual has obtained a boating

safety certificate.

(5) As used in this section, "L.E.I.N." means the law

enforcement information network regulated under the C.J.I.S. policy

council act, 1974 PA 163, MCL 28.211 to 28.215.

Enacting section 1. Section 80210 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.80210, is

repealed.

Enacting section 2. This amendatory act takes effect 90 days