House Introduced Bill 4483

HOUSE BILL No. 4483

March 12, 1997, Introduced by Rep. Gubow and referred to the Committee on Conservation, Environment and Recreation.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 80101, 80102, 80104, 80113, 80124, 80125,

80131, 80142, 80144, 80146, 80150, 80152, 80154, 80159, 80166,

80167, 80168, 80169, 80170, 80171, 80176, 80180, 80198a, and

80198b (MCL 324.80101, 324.80102, 324.80104, 324.80113,

324.80124, 324.80125, 324.80131, 324.80142, 324.80144, 324.80146,

324.80150, 324.80152, 324.80154, 324.80159, 324.80166, 324.80167,

324.80168, 324.80169, 324.80170, 324.80171, 324.80176, 324.80180,

324.80198a, and 324.80198b), sections 80101, 80102, 80104, 80113,

80124, 80125, 80131, 80144, 80146, 80150, 80152, 80154, 80159,

80166, 80167, 80168, 80169, 80170, 80171, 80198a, and 80198b as

added by 1995 PA 58 and sections 80142, 80176, and 80180 as

amended by 1996 PA 174, and by adding sections 80168a, 80193a,

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80199a, 80199b, 80199c, 80199d, 80199e, 80199f, 80199g, and

80199h; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 80101. As used in this part:

2 (a) "Anchored rafts" means all types of nonpowered rafts

3 used for recreational purposes that are anchored seasonally on

4 waters of this state.

5 (b) "Associated equipment" means any of the following that

6 are not radio equipment:

7 (i) An original system, part, or component of a boat at the

8 time that boat was manufactured, or a similar part or component

9 manufactured or sold for replacement.

10 (ii) Repair or improvement of an original or replacement

11 system, part, or component.

12 (iii) An accessory or equipment for, or appurtenance to, a

13 boat.

14 (iv) A marine safety article, accessory, or equipment

15 intended for use by a person on board a boat.

16 (c) "Boat" means a vessel.

17 (d) "Boat livery" means a business that holds a vessel for

18 renting, leasing, or chartering.

19 (E) "CITATION" MEANS A WRITTEN COMPLAINT OR NOTICE TO APPEAR

20 IN COURT UPON WHICH A PEACE OFFICER RECORDS THE OCCURRENCE OR

21 EXISTENCE OF 1 OR MORE MARINE LAW VIOLATIONS BY THE PERSON CITED.

22 (F) "CIVIL INFRACTION DETERMINATION" MEANS THAT TERM AS

23 DEFINED IN SECTION 8801 OF THE REVISED JUDICATURE ACT OF 1961,

24 1961 PA 236, MCL 600.8801.

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1 (G) (e) "Controlled substance" means that term as defined

2 in section 7104 of the public health code, Act No. 368 of the

3 Public Acts of 1978, being section 333.7104 of the Michigan

4 Compiled Laws 1978 PA 368, MCL 333.7104.

5 (H) (f) "Conviction" means a final conviction, the payment

6 of a fine, a plea of guilty or nolo contendere if accepted by the

7 court, a finding of guilt, or a probate court disposition on a

8 violation of this part, regardless of whether the penalty is

9 rebated or suspended.

10 Sec. 80102. As used in this part:

11 (a) "Dealer" means a person and an authorized representative

12 of that person who annually purchases from a manufacturer, or who

13 is engaged in selling or manufacturing, 6 or more vessels that

14 require certificates of number under this part.

15 (b) "Identification document" means any of the following:

16 (i) A valid Michigan operator's or chauffeur's license.

17 (ii) A valid driver's or chauffeur's license issued by an

18 agency, department, or bureau of the United States or another

19 state.

20 (iii) An official identification card issued by an agency,

21 department, or bureau of the United States, this state, or

22 another state.

23 (iv) An official identification card issued by a political

24 subdivision of this state or another state.

25 (C) "GUARANTEED APPEARANCE CERTIFICATE" MEANS A CARD OR CER-

26 TIFICATE CONTAINING A PRINTED STATEMENT THAT A SURETY COMPANY

27 AUTHORIZED TO DO BUSINESS IN THIS STATE GUARANTEES THE APPEARANCE

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1 OF THE PERSON WHOSE SIGNATURE APPEARS ON THE CARD OR CERTIFICATE,

2 AND THAT THE COMPANY, IF THE PERSON FAILS TO APPEAR IN COURT AT

3 THE TIME OF TRIAL OR SENTENCING OR OF A SCHEDULED INFORMAL OR

4 FORMAL HEARING OR TO PAY ANY FINE OR COSTS IMPOSED, WILL PAY ANY

5 FINE, COSTS, OR BOND FORFEITURE IMPOSED ON THE PERSON IN A TOTAL

6 AMOUNT NOT TO EXCEED $200.00.

7 (D) (c) "Issuing authority" means the United States coast

8 guard or a state that has a numbering system approved by the

9 United States coast guard.

10 (E) "JUDICIAL DISTRICT" MEANS THAT TERM AS DEFINED IN SEC-

11 TION 1 OF CHAPTER I OF THE CODE OF CRIMINAL PROCEDURE, 1927

12 PA 175, MCL 761.1.

13 (F) (d) "Law of another state" means a law or ordinance

14 enacted by another state or by a local unit of government in

15 another state.

16 (G) (e) "Lifeboat" means a small boat designated and used

17 solely for lifesaving purposes, and does not include a dinghy,

18 tender, speedboat, or other type of craft that is not carried

19 aboard a vessel for lifesaving purposes.

20 (f) "Long-term incapacitating injury" means an injury that

21 causes serious impairment of a body function.

22 Sec. 80104. As used in this part:

23 (a) "Passenger" means a person carried on board a vessel

24 other than any of the following:

25 (i) The owner or his or her representative.

26 (ii) The operator.

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1 (b) "Peace officer" means any of the following:

2 (i) A sheriff.

3 (ii) A sheriff's deputy.

4 (iii) A deputy who is authorized by a sheriff to enforce

5 this part and who has satisfactorily completed at least 40 hours

6 of law enforcement training, including training specific to this

7 part.

8 (iv) A village or township marshal.

9 (v) An officer of the police department of any

10 municipality.

11 (vi) An officer of the Michigan state police.

12 (vii) The director and conservation officers employed by the

13 department.

14 (c) "Personal watercraft" means a vessel that meets all of

15 the following requirements:

16 (i) Uses a motor-driven propeller or an internal combustion

17 engine powering a water jet pump as its primary source of

18 propulsion.

19 (ii) Is designed without an open load carrying area that

20 would retain water.

21 (iii) Is designed to be operated by 1 or more persons posi-

22 tioned on, rather than within, the confines of the hull.

23 (d) "Political subdivision" means any county, metropolitan

24 authority, municipality, or combination of those entities in this

25 state. Whenever a body of water is located in more than 1 polit-

26 ical subdivision, all of the subdivisions shall act individually

27 in order to comply with this part, except that if the problem is

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1 confined to a specific area of the body of water, only the

2 political subdivision in which the problem waters lie shall act.

3 (e) "Port" means left, and reference is to the port side of

4 a vessel or to the left side of the vessel.

5 (f) "Probate court disposition" means the entry of a probate

6 court order of disposition for a child found to be within the

7 provisions of chapter XIIA of Act No. 288 of the Public Acts of

8 1939, being sections 712A.1 to 712A.31 of the Michigan Compiled

9 Laws 1939 PA 288, MCL 712A.1 TO 712A.31.

10 (g) "Prosecuting attorney", except as the context requires

11 otherwise, means the attorney general, the prosecuting attorney

12 of a county, or the attorney representing a political subdivision

13 of government.

14 (h) "Regatta", "boat race", "marine parade", "tournament",

15 or "exhibition" means an organized water event of limited dura-

16 tion that is conducted according to a prearranged schedule.

17 (i) "Slow--no wake speed" means a very slow speed whereby

18 the wake or wash created by the vessel would be minimal.

19 (j) "Starboard" means right, and reference is to the star-

20 board side of a vessel or to the right side of the vessel.

21 (k) "State aid" means payment made by the state to a county

22 for the conduct of a marine safety program.

23 (l) "STATE CIVIL INFRACTION" MEANS THAT TERM AS DEFINED IN

24 SECTION 113 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236,

25 MCL 600.113.

26 (M) (l) "Undocumented vessel" means a vessel that does not

27 have, and is not required to have, a valid marine document issued

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1 by the United States coast guard or federal agency successor to

2 the United States coast guard.

3 (N) (m) "Uniform inspection decal" means an

4 adhesive-backed sticker created by the department pursuant to

5 section 80166 that is color-coded to indicate the year that it

6 expires and is attached to a vessel in the manner prescribed for

7 decals in section 80122 when a peace officer inspects and deter-

8 mines that the vessel complies with this part.

9 (O) (n) "Use" means operate, navigate, or employ.

10 (P) (o) "Vessel" means every description of watercraft

11 used or capable of being used as a means of transportation on

12 water.

13 (Q) (p) "Waters of this state" means any waters within the

14 territorial limits of this state, and includes those waters of

15 the Great Lakes that are under the jurisdiction of this state.

16 Sec. 80113. (1) State, county, and local peace officers

17 shall enforce local ordinances enacted in accordance with this

18 part.

19 (2) All rules promulgated under this section and sections

20 80108, 80110, 80111, and 80112 before March 17, 1986 shall remain

21 in effect unless rescinded pursuant to the administrative proce-

22 dures act of 1969, Act No. 306 of the Public Acts of 1969, being

23 sections 24.201 to 24.328 of the Michigan Compiled Laws 1969

24 PA 306, MCL 24.201 TO 24.328.

25 (3) Local A political subdivisions SUBDIVISION may enact

26 as an ordinance any or all of sections 80101 to 80104, 80122 to

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1 80124, 80126, 80140, 80141, 80144 to 80153 80152, 80155, 80164,

2 80165, and 80166 to 80173, AND 80176.

3 Sec. 80124. (1) Except as otherwise provided in this sec-

4 tion, the owner of a vessel required to be numbered and to dis-

5 play a decal shall file an application for a certificate of

6 number with the secretary of state. The secretary of state shall

7 prescribe and furnish certificate of title application forms. If

8 a vessel requiring a certificate of title under part 803 is sold

9 by a dealer, that dealer shall combine the application for a cer-

10 tificate of number that is signed by the vessel owner with the

11 application for a certificate of title. The dealer shall obtain

12 the certificate of number in the name of the owner. The owner of

13 the vessel shall sign the application. A person shall not file

14 an application for a certificate of number that contains false

15 information. A dealer who fails to submit an application as

16 required by this section is guilty of a misdemeanor, punishable

17 by imprisonment for not more than 90 days, or a fine of not more

18 than $100.00, or both.

19 (2) A dealer who submits an application for a certificate of

20 number as provided in subsection (1) may issue to the owner of

21 the vessel a 15-day temporary permit, on forms prescribed by the

22 secretary of state, for the use of the vessel while the certifi-

23 cate of number is being issued.

24 (3) A dealer may issue a 15-day permit, on a form prescribed

25 by the secretary of state, for the use of a vessel purchased in

26 this state and delivered to the purchaser for removal to a place

27 outside of this state, if the purchaser certifies by his or her

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1 signature that the vessel will be registered and primarily used

2 and stored outside of this state and will not be returned to this

3 state by the purchaser for use or storage. A certificate of

4 number shall not be issued for a vessel holding a permit under

5 this subsection.

6 (4) A 15-day temporary permit issued under subsection (2) or

7 (3) shall not be renewed or extended.

8 (5) A person shall operate or permit the operation of a

9 vessel for which a 15-day temporary permit has been issued under

10 this section only if the temporary permit is valid and displayed

11 on the vessel as prescribed by rule promulgated by the department

12 under this part.

13 (6) Except as otherwise provided in this section, an appli-

14 cant shall pay the following fee at the time of application:

15 (a) A 15-day temporary permit issued under subsec-

16 tion (3)............................................... $ 10.00

17 (b) Nonpowered vessels, other than nonmotorized

18 canoes or kayaks, except as provided in section 80123.. 9.00

19 (c) Nonmotorized canoes or kayaks except as pro-

20 vided in section 80123................................. 5.00

21 (d) Motorboats less than 12 feet in length........ 14.00

22 (e) Motorboats 12 feet or over but less than 16

23 feet in length......................................... 17.00

24 (f) Motorboats 16 feet or over but less than 21

25 feet in length......................................... 42.00

26 (g) Motorboats 21 feet or over but less than 28

27 feet in length......................................... 115.00

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1 (h) Motorboats 28 feet or over but less than 35

2 feet in length......................................... 168.00

3 (i) Motorboats 35 feet or over but less than 42

4 feet in length......................................... 244.00

5 (j) Motorboats 42 feet or over but less than 50

6 feet in length......................................... 280.00

7 (k) Motorboats 50 feet in length or over.......... 448.00

8 (l) Pontoon vessels regardless of size............ 23.00

9 (m) Motorized canoes regardless of size........... 14.00

10 (n) Vessels licensed under part 473............... 15.00

11 (o) Vessels carrying passengers for hire that are

12 in compliance with part 445, or under federal law; and

13 vessels carrying passengers and freight or freight only

14 and owned within this state or hailing from a port

15 within this state...................................... 45.00

16 (7) The length of a vessel is the distance from end to end

17 over the deck, excluding the longitudinal upward or downward

18 curve of the deck, fore and aft. A pontoon boat shall be mea-

19 sured by the length of its deck, fore and aft.

20 (8) Payment of the fee specified in this section exempts the

21 vessel from the tax imposed by the general property tax act, Act

22 No. 206 of the Public Acts of 1893, being sections 211.1 to

23 211.157 of the Michigan Compiled Laws 1893 PA 206, MCL 211.1 TO

24 211.157.

25 (9) Upon receipt of an initial application for a certificate

26 of number in approved form and payment of the required fee, the

27 secretary of state shall enter the information upon the official

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1 records and issue to the applicant a certificate of number

2 containing the number awarded to the vessel, the name and address

3 of the owner, and other information that the secretary of state

4 determines necessary. The secretary of state shall issue a cer-

5 tificate of number that is pocket size and legible. Except as

6 provided in subsection (13), a person operating a vessel shall

7 present that vessel's certificate of number to a peace officer

8 upon the peace officer's request. A PERSON WHO FAILS TO PRESENT

9 A CERTIFICATE OF NUMBER UPON A PEACE OFFICER'S REQUEST PURSUANT

10 TO THIS SUBSECTION IS RESPONSIBLE FOR A STATE CIVIL INFRACTION.

11 (10) If a check or draft payable to the secretary of state

12 under this part is not paid on its first presentation, the fee or

13 tax is delinquent as of the date the draft or check was

14 tendered. The person tendering the check or draft remains liable

15 for the payment of each fee or tax and a penalty.

16 (11) Upon determining that a fee or tax required by this

17 part has not been paid and remains unpaid after reasonable notice

18 and demand, the secretary of state may suspend a certificate of

19 number.

20 (12) If a person who tenders a check or draft described in

21 subsection (10) fails to pay a fee or tax within 15 days after

22 the secretary of state gives him or her notice that the check or

23 draft described in subsection (10) was not paid on its first pre-

24 sentation, the secretary of state shall assess and collect a pen-

25 alty of $5.00 or 20% of the check or draft, whichever is larger,

26 in addition to the fee or tax.

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1 (13) The owner or authorized agent of the owner of a vessel

2 less than 26 feet in length that is leased or rented to a person

3 for noncommercial use for not more than 24 hours may retain, at

4 the place from which the vessel departs or returns to the posses-

5 sion of the owner or the owner's representative, the certificate

6 of number for that vessel if a copy of the lease or rental agree-

7 ment is on the vessel. Upon the demand of a peace officer, the

8 operator shall produce for inspection either the certificate of

9 number or a copy of the lease or rental agreement for that

10 vessel. The lease or rental agreement shall contain each of the

11 following:

12 (a) The vessel number that appears on the certificate of

13 number.

14 (b) The period of time for which the vessel is leased or

15 rented.

16 (c) The signature of the vessel's owner or that person's

17 authorized agent.

18 (d) The signature of the person leasing or renting the

19 vessel.

20 (14) Upon receipt of a certificate of number for a vessel,

21 the owner of that vessel shall paint on or attach in a permanent

22 manner to each side of the forward half of the vessel the number

23 identified in the certificate of number, in the manner prescribed

24 by rules promulgated by the department. The secretary of state

25 shall assign to the owner of vessels for rent or lease a block of

26 numbers sufficient to number consecutively all of that owner's

27 rental or lease vessels. The owner shall maintain the numbers in

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1 a legible condition. A vessel documented by the United States

2 coast guard or a federal agency that is the successor to the

3 United States coast guard is not required to display numbers

4 under this part but shall display a decal indicating payment of

5 the fee prescribed in subsection (6), and shall otherwise be in

6 compliance with this part. This subsection does not apply to a

7 nonpowered vessel 12 feet or less in length. AN OWNER OF A

8 VESSEL WHO VIOLATES THIS SUBSECTION IS RESPONSIBLE FOR A STATE

9 CIVIL INFRACTION.

10 (15) Upon receipt of an application for a certificate of

11 number in an approved form and payment of the fee required by

12 this part, the secretary of state shall issue a decal that is

13 color-coded and dated to identify the year of its expiration, and

14 that indicates that the vessel is numbered in compliance with

15 this part. The department shall promulgate a rule or rules to

16 establish the manner in which the decal is to be displayed AND A

17 PERSON WHO VIOLATES THAT RULE OR THOSE RULES IS RESPONSIBLE FOR A

18 STATE CIVIL INFRACTION.

19 (16) A decal is valid for a 3-year period that begins on

20 April 1 and expires on March 31 of the third year. An original

21 certificate of number may be issued up to 90 days prior to

22 April 1. A numbering renewal decal or other renewal device may

23 be issued up to 90 days prior to the expiration of a

24 certificate.

25 (17) Upon receipt of a request for renewal of a decal and

26 payment of the fee prescribed in subsection (6), the secretary of

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1 state shall issue to the applicant a decal as provided in

2 subsection (15).

3 (18) The numbering system adopted pursuant to this part

4 shall be in accordance with the standard system of numbering

5 established by the secretary of the department in which the

6 United States coast guard operates.

7 (19) An agency of this state, a political subdivision of

8 this state, or a state supported college or university of this

9 state that owns a vessel that is required to be numbered under

10 this part shall register that vessel and upon payment of either

11 of the following shall receive from the secretary of state a cer-

12 tificate of number for that vessel:

13 (a) A fee of $3.00 for a vessel that is not used for recrea-

14 tional, commercial, or rental purposes.

15 (b) The fee required under subsection (6) for a vessel that

16 is used for recreational, commercial, or rental purposes.

17 (20) The secretary of state shall, upon receipt of payment

18 of the fee required under subsection (19), issue a certificate of

19 number for each vessel subject to subsection (19).

20 (21) A vessel that is 30 years of age or older and not used

21 other than in club activities, exhibitions, tours, parades, and

22 other similar activities is a historic vessel. The secretary of

23 state shall make available to the public application forms for

24 certificates of number for historic vessels and, upon receipt of

25 a completed application form and fee, shall number a historic

26 vessel as a historic vessel. The fee for the numbering of a

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1 historic vessel is 1/3 of the otherwise applicable fee specified

2 in subsection (6).

3 (22) Upon application to the secretary of state, the owner

4 of a nonmotorized canoe or kayak who registered that vessel under

5 former Act No. 303 of the Public Acts of 1967 1967 PA 303

6 between January 1, 1989 and April 17, 1990 shall receive a refund

7 of a portion of the registration fee equal to the difference in

8 the amount that owner paid and the fee amount provided in subsec-

9 tion (6)(c).

10 (23) The secretary of state shall refund to the owner of a

11 vessel registered under this part or former Act No. 303 of the

12 Public Acts of 1967 1967 PA 303 all of the registration fee paid

13 for that vessel pursuant to this section or section 33 of former

14 Act No. 303 of the Public Acts of 1967 1967 PA 303 if all of

15 the following conditions are met during the period for which the

16 registration fee was paid:

17 (a) The owner transfers or assigns title or interest in the

18 registered vessel before placing the decal issued under

19 subsection (15) on the vessel.

20 (b) The owner surrenders the unused decal to the secretary

21 of state within 30 days after the date of transfer or

22 assignment.

23 (24) The secretary of state shall refund to the surviving

24 spouse of a deceased vessel owner the registration fee paid pur-

25 suant to this part, prorated on a monthly basis, upon receipt of

26 the decal issued under subsection (15) or evidence satisfactory

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1 to the secretary of state that the decal issued under

2 subsection (15) has been destroyed or voided.

3 (25) If the secretary of state computes a fee under this

4 part that results in a figure other than a whole dollar amount,

5 the secretary of state shall round the figure to the nearest

6 whole dollar.

7 Sec. 80125. (1) The owner of a vessel shall notify the sec-

8 retary of state within 15 days if the vessel is destroyed, aban-

9 doned, or sold, ; OR if an interest in the vessel is trans-

10 ferred, either wholly or in part, to another person. ; or if the

11 owner's address no longer conforms to the address appearing on

12 the certificate of number. The notice shall consist of a surren-

13 der of the certificate of number , on which BEARING the

14 proper information shall be noted on a place to be provided on

15 the certificate REQUIRED UNDER THIS SECTION. When IF the sur-

16 render of the certificate is due to the vessel being destroyed or

17 abandoned, the secretary of state shall cancel the certificate

18 and enter that fact in the secretary of state's records, and the

19 number may be reassigned.

20 (2) THE OWNER OF A VESSEL SHALL NOTIFY THE SECRETARY OF

21 STATE IF THE OWNER'S ADDRESS NO LONGER CONFORMS TO THE ADDRESS

22 APPEARING ON THE CERTIFICATE OF NUMBER. A PERSON WHO VIOLATES

23 THIS SUBSECTION IS RESPONSIBLE FOR A STATE CIVIL INFRACTION.

24 (3) (2) The owner of a destroyed vessel, upon proper UPON

25 application, THE OWNER OF A DESTROYED VESSEL may receive a new

26 certificate of number FOR A REPLACEMENT VESSEL, valid for the

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1 remainder of the numbering period, for a replacement vessel, if

2 all of the following conditions are met:

3 (a) The replacement vessel is owned by the same person who

4 owned the destroyed vessel.

5 (b) The owner of the replacement vessel pays additional

6 fees, if required under section 80124, due to the change in

7 vessel size or classification.

8 (c) Payment of THE OWNER OF THE REPLACEMENT VESSEL PAYS a

9 $2.00 application fee.

10 (4) (3) If the fees required for the replacement vessel

11 under section 80124 are less than the fees that were required for

12 the destroyed vessel, the owner of the vessel shall not receive a

13 refund.

14 (5) (4) If the surrender of the certificate of number is

15 due to a change of the owner's address, the new address shall be

16 recorded by the secretary of state and a certificate of number

17 bearing that information shall be returned to the owner.

18 (6) (5) The transferee of a vessel registered under this

19 part, within WITHIN 15 days after acquisition of the ACQUIRING

20 A vessel, THE TRANSFEREE OF A VESSEL REGISTERED UNDER THIS PART

21 shall make application APPLY to the secretary of state for

22 transfer to the transferee of the certificate of number issued

23 to the vessel TO THE TRANSFEREE. The transferee shall provide

24 his or her name, address, and the number of the vessel and pay to

25 the secretary of state a transfer fee of $2.00. The registration

26 fee for the certificate of number shall be 2/3 the fee provided

27 in section 80124 if the transferred certificate of number would

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1 have remained valid for 1 year or less. The registration fee for

2 the certificate of number shall be IS 1/3 the fee provided in

3 section 80124 if the transferred certificate of number would have

4 remained valid for more than 1 year but less than 2 years. An

5 THE SECRETARY OF STATE SHALL NOT ASSESS AN additional registra-

6 tion fee shall not be assessed if the transferred registration

7 would have remained valid for 2 or more years. Unless the appli-

8 cation is made and the fee paid within 15 days after acquisition

9 of the vessel, the vessel shall be considered to be without cer-

10 tificate of number and a person shall not operate the vessel

11 until a certificate is issued. Upon receipt of the application

12 and appropriate fees, the secretary of state shall transfer the

13 certificate of number issued for the vessel to the new owner

14 TRANSFEREE. The certificate of number shall be IS valid for a

15 3-year period.

16 (7) (6) If a certificate of number is lost, mutilated, or

17 illegible, the owner of the vessel shall obtain a duplicate of

18 the certificate upon application and payment of a fee of $2.00.

19 Sec. 80131. (1) Each municipal judge and each clerk of a

20 court of record shall keep a full record of every case in which a

21 person is charged with or cited for a violation of this part or

22 of a local ordinance corresponding to this part A MARINE LAW

23 regulating the operation of vessels.

24 (2) Within 14 days after a conviction, forfeiture of bail,

25 entry of a civil infraction determination, or default judgment

26 upon a charge of, or citation for, violating this part or a

27 local ordinance corresponding to this part A MARINE LAW

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1 regulating the operation of vessels, except as provided in

2 subsection (11), the municipal judge or clerk of the court of

3 record shall prepare and immediately forward to the secretary of

4 state an abstract of the record of the court for the case. The

5 abstract shall be certified to be true and correct by signature,

6 stamp, or facsimile signature by the person required to prepare

7 the abstract. If a city or village department, bureau, or person

8 is authorized to accept a payment of money as a settlement for a

9 violation of a local ordinance corresponding to this part, the

10 city or village department, bureau, or person shall send a full

11 report of each case in which a person pays any amount of money to

12 the city or village department, bureau, or person to the secre-

13 tary of state upon a form prescribed by the secretary of state.

14 (3) The abstract or report required under this section shall

15 be made upon a form furnished by the secretary of state and shall

16 include all of the following:

17 (a) The name, address, and date of birth of the person

18 charged or cited.

19 (b) The date and nature of the violation.

20 (c) The type of vessel operated at the time of the

21 violation.

22 (d) The date of the conviction, finding, forfeiture, judg-

23 ment, or determination.

24 (e) Whether bail was forfeited.

25 (f) Any order issued by the court pursuant to this part.

26 (g) Other information considered necessary to the secretary

27 of state.

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1 (4) As used in subsections (5) to (7), "felony in which a

2 vessel was used" means a felony during the commission of which

3 the person operated a vessel and while operating the vessel

4 presented real or potential harm to persons or property and 1 or

5 more of the following circumstances existed:

6 (a) The vessel was used as an instrument of the felony.

7 (b) The vessel was used to transport a victim of the

8 felony.

9 (c) The vessel was used to flee the scene of the felony.

10 (d) The vessel was necessary for the commission of the

11 felony.

12 (5) If a person is charged with a felony in which a vessel

13 was used, the prosecuting attorney shall include the following

14 statement on the complaint and information filed in THE

15 MUNICIPAL, district, or circuit court:

16 "You are charged with the commission of a felony in which a

17 vessel was used. If you are convicted and the judge finds that

18 the conviction is for a felony in which a vessel was used, as

19 defined in section 80131 of the natural resources and environmen-

20 tal protection act, the secretary of state will order you not to

21 operate a vessel on the waters of this state.".

22 (6) If a child PERSON LESS THAN 17 YEARS OF AGE is accused

23 of an act the nature of which constitutes a felony in which a

24 vessel was used, the prosecuting attorney or juvenile court shall

25 include the following statement on the petition filed in the pro-

26 bate court:

00685'97 b ***
21

1 "You are accused of an act the nature of which constitutes a

2 felony in which a vessel was used. If the accusation is found to

3 be true and the judge or referee finds that the nature of the act

4 constitutes a felony in which a vessel was used, as defined in

5 section 80131 of the natural resources and environmental protec-

6 tion act, the secretary of state will order you not to operate a

7 vessel on the waters of this state.".

8 (7) If the judge or juvenile court referee determines as

9 part of the sentence or disposition that the felony for which the

10 defendant was convicted or adjudicated and with respect to which

11 notice was given pursuant to subsection (5) or (6) is a felony in

12 which a vessel was used, the clerk of the court shall forward an

13 abstract of the court record of that conviction or adjudication

14 to the secretary of state.

15 (8) Every person required to forward abstracts to the secre-

16 tary of state under this section shall certify for the period

17 from January 1 through June 30 and for the period from July 1

18 through December 31 that all abstracts required to be forwarded

19 during the period have been forwarded. The certification shall

20 be filed with the secretary of state not later than 28 days after

21 the end of the period covered by the certification. The certifi-

22 cation shall be made upon a form furnished by the secretary of

23 state and shall include all of the following:

24 (a) The name and title of the person required to forward

25 abstracts.

26 (b) The court for which the certification is filed.

00685'97 b ***
22

1 (c) The time period covered by the certification.

2 (d) The following statement:

3 "I certify that all abstracts required by section 80131 of

4 the natural resources and environmental protection act for the

5 period __________ through __________ have been forwarded to the

6 secretary of state.".

7 (e) Other information the secretary of state considers

8 necessary.

9 (f) The signature of the person required to forward

10 abstracts.

11 (9) The failure, refusal, or neglect of a person to comply

12 with this section constitutes misconduct in office and is grounds

13 for removal from office.

14 (10) Except as provided in subsection (11), the secretary of

15 state shall keep all abstracts received under this section at the

16 secretary of state's main office, and the abstracts shall be open

17 for public inspection during the office's usual business hours.

18 The secretary of state shall enter each abstract upon the boating

19 record of the person to whom it pertains and shall record the

20 information in a manner that makes the information available to

21 peace officers through the law enforcement information network.

22 (11) The court shall not submit, and the secretary of state

23 shall discard and not enter on the boating record, an abstract

24 for a conviction or civil infraction determination for a viola-

25 tion of this part that could not be the basis for the secretary

26 of state's issuance of an order not to operate a vessel on the

27 waters of this state. The secretary of state shall discard and

00685'97 b ***
23

1 not enter on the boating record an abstract for a bond forfeiture

2 that occurred outside this state.

3 (12) The secretary of state shall inform the court of the

4 violations of this part that are used by the secretary of state

5 as the basis for issuance of an order not to operate a vessel on

6 the waters of this state.

7 (13) If a conviction or civil infraction determination is

8 reversed upon appeal, the court shall transmit a copy of the

9 order of reversal to the secretary of state, and the secretary of

10 state shall enter the order in the proper book or index in con-

11 nection with the record of the conviction or civil infraction

12 determination.

13 (14) The secretary of state may permit a city or village

14 department, bureau, person, or court to modify the requirement as

15 to the time and manner of reporting a conviction, civil infrac-

16 tion determination, or settlement to the secretary of state if

17 the modification will increase the economy and efficiency of col-

18 lecting and utilizing the records. If the permitted abstract of

19 court record reporting a conviction, civil infraction determina-

20 tion, or settlement originates as a part of the written notice to

21 appear, authorized in section 80168, the form of the written

22 notice and report shall be as prescribed by the secretary of

23 state.

24 Sec. 80142. (1) Except as provided in subsection (3), a

25 person shall not operate a vessel on the waters of this state

26 unless each person in an open deck area on board the vessel who

27 is less than 6 years of age is wearing a type I or type II

00685'97 b ***
24

1 personal flotation device as described in R 281.1234 of the

2 Michigan administrative code.

3 (2) A parent or guardian of a child less than 6 years of age

4 who accompanies that child on board a vessel that is not a

5 charter boat described in subsection (3) shall ensure that the

6 child is wearing a personal flotation device that complies with

7 this section.

8 (3) This section does not apply to a charter boat bearing

9 either of the following:

10 (a) A valid certificate of inspection issued by the United

11 States coast guard that verifies the charter boat's compliance

12 with subchapter H or subchapter T of the code of federal regula-

13 tions, 46 C.F.R. 70.01-1 to 80.40 and 175.01-1 to 185.30-30.

14 (b) A valid certificate of inspection issued by the depart-

15 ment for a class C vessel that is greater than 45 feet in

16 length.

17 (4) As used in this section, "charter boat" and "class C

18 vessel" mean those terms as defined in section 44501.

19 (5) A person who violates this section is responsible for a

20 state civil infraction. and may be ordered to pay a civil fine

21 of not more than $100.00.

22 Sec. 80144. (1) When vessels are being operated in such a

23 manner as to make THAT MAKES collision imminent or likely, the

24 following rules apply:

25 (a) When IF 2 vessels are approaching each other head-on,

26 or nearly so HEAD-ON, the operator of each VESSEL shall cause

27 his or her vessel to pass on the port side of the other.

00685'97 b ***
25

1 (b) When overtaking IF a vessel IS OVERTAKING A VESSEL

2 proceeding in the same direction, the operator of the overtaking

3 vessel, unless it is not feasible to do so IF FEASIBLE, shall

4 pass on the port side of the vessel ahead BEING OVERTAKEN.

5 (c) When IF 2 vessels are approaching APPROACH each

6 other at right angles or obliquely so as to involve IN A MANNER

7 THAT INVOLVES risk of collision, other than when AND 1 vessel

8 is NOT overtaking another THE OTHER, the operator of the vessel

9 that has the other on his or her own port side shall hold his

10 or her course and speed, and the operator of the vessel that

11 has HAVING the other on his or her own starboard side shall

12 give way to the other by directing his or her course to starboard

13 so as to cross the stern of the other vessel or, if necessary to

14 do so, shall slacken REDUCE his or her speed, stop, or

15 reverse.

16 (d) When IF a motorboat and a vessel under sail are pro-

17 ceeding in a manner that involves a risk of collision, the opera-

18 tor of the motorboat shall give way to the vessel under sail.

19 (e) When IF a motorboat and a vessel not propelled by sail

20 or mechanical means are proceeding in a manner that involves risk

21 of collision, the operator of the motorboat shall give way to the

22 other vessel.

23 (f) When, by any of IF, UNDER the rules provided in OF

24 this section, the operator of a vessel is required to give way to

25 the other ANOTHER VESSEL, the operator of the other vessel

26 shall maintain his or her direction and speed.

00685'97 b ***
26

1 (2) This section does not relieve the operator of a vessel,

2 otherwise privileged by this section GIVEN DIRECTIONAL OR

3 MOVEMENT PRIORITY UNDER THIS SECTION, from the duty to operate

4 with due regard for the safety of all persons using the waters of

5 this state.

6 (3) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A

7 STATE CIVIL INFRACTION.

8 Sec. 80146. (1) The department may promulgate rules to

9 establish maximum motorboat speed limits or to allow unlimited

10 motorboat speed on the waters of this state.

11 (2) On waters of this state for which a motorboat speed

12 limit is not established under subsection (1), on any waters for

13 which the department has not established an unlimited motorboat

14 speed limit, or on any waters for which stricter speed restric-

15 tions are not established pursuant to an act, a THE maximum

16 speed limit of ON THE WATERS OF THIS STATE IS 55 miles per

17 hour, is established, except in an emergency and except for

18 authorized peace and conservation officers when engaged in offi-

19 cial duties. The maximum speed limit of 55 miles per hour shall

20 not apply to the Great Lakes and Lake St. Clair, except for an

21 area within 1 mile of the shoreline measured at a right angle

22 from the shoreline EXCEPT AS OTHERWISE PROVIDED BY LAW.

23 (3) THE MAXIMUM SPEED LIMIT ESTABLISHED UNDER THIS SECTION

24 DOES NOT APPLY TO ANY OF THE FOLLOWING:

25 (A) A BONA FIDE EMERGENCY SITUATION.

26 (B) A PEACE OFFICER ENGAGED IN OFFICIAL DUTIES.

00685'97 b ***
27

1 (C) A VESSEL ON THE GREAT LAKES OR LAKE ST. CLAIR EXCEPT FOR

2 AN AREA WITHIN 1 MILE OF THE SHORELINE MEASURED AT A RIGHT ANGLE

3 FROM THE SHORELINE.

4 (4) Upon receipt of a resolution by the governing body of a

5 local unit of government having jurisdiction over waters of this

6 state requesting a reduction in the maximum speed limit on those

7 waters, the department, pursuant to sections 80108 to 80113, may

8 establish a maximum speed limit not to exceed 40 miles per hour

9 on those waters.

10 (5) (3) A person shall not operate a motorboat on the

11 waters of this state at a speed greater than slow--no wake speed

12 or the minimum speed necessary for the motorboat to maintain for-

13 ward movement when within 100 feet of the shoreline where the

14 water depth is less than 3 feet, as determined by vertical mea-

15 surement, except in navigable channels not otherwise posted.

16 (4) A person operating a motorboat in violation of this

17 section is guilty of reckless operation of a motorboat punishable

18 as provided in section 80171.

19 (6) (5) The department may waive this section and section

20 80156 for marine events authorized by the department under sec-

21 tion 80164.

22 (7) A PERSON WHO EXCEEDS A SPEED LIMIT IN VIOLATION OF THIS

23 SECTION IS RESPONSIBLE FOR A STATE CIVIL INFRACTION.

24 Sec. 80150. (1) A person shall not operate a vessel on any

25 of the waters of this state within a lawfully authorized

26 restricted area clearly marked by buoys, beacons, or other

00685'97 b ***
28

1 distinguishing devices IDENTIFYING THAT AREA as being prohibited

2 to vessels.

3 (2) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A

4 STATE CIVIL INFRACTION.

5 Sec. 80152. (1) A person shall not operate a vessel on the

6 waters of this state if he or she is towing or otherwise assist-

7 ing a person on water skis or on a water sled, aquaplane, surf-

8 board, or other similar contrivance unless a person capable of

9 communicating to the vessel operator the condition and needs of

10 the person being towed or assisted is on board the vessel and

11 positioned to observe the person being towed or assisted.

12 (2) Subsection (1) does not apply to vessels used by duly

13 constituted ski schools in the giving of instructions or to ves-

14 sels used in sanctioned ski tournaments, competitions, exposi-

15 tions, or trials. Vessels described in this subsection shall be

16 equipped with a 170-degree wide-angle rearview mirror affixed in

17 a manner that will permit the operator to observe the progress of

18 the person being towed.

19 (3) This section does not apply to motorboats less than 16

20 feet in length actually operated by the person being towed and so

21 constructed as to be incapable of carrying the operator in or on

22 the motorboat.

23 (4) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A

24 STATE CIVIL INFRACTION.

25 Sec. 80154. (1) A person not in a boat VESSEL shall not

26 intentionally rock, tip, jostle, or otherwise interfere with the

27 operation of any A vessel, except under supervised training.

00685'97 b ***
29

1 (2) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A

2 STATE CIVIL INFRACTION.

3 Sec. 80159. (1) The WITHOUT EXPENSE TO THE STATE, THE

4 department may authorize, through the issuance of revocable per-

5 mits, the placing of buoys or beacons in the waters of this state

6 to mark obstruction to navigation, to designate bathing areas, to

7 designate vessel anchorages, or for any other purpose if it will

8 promote THAT PROMOTES safety or navigation. Any

9 (2) A person who desires SEEKING to place buoys A BUOY

10 or beacons BEACON in the waters of this state , without

11 expense to the state, shall make application SHALL APPLY to the

12 department FOR A REVOCABLE PERMIT in a THE form and containing

13 THE information required by THAT the department MAY REQUIRE.

14 Buoys or beacons, except

15 (3) EXCEPT for A mooring buoys BUOY, A PERSON shall not

16 be placed PLACE A BUOY OR BEACON in the waters of this state

17 unless authorized by the department in writing. If authorization

18 has been IS granted, the buoys or beacons shall be placed

19 PERSON SHALL PLACE THE BUOY OR BEACON only in accordance with the

20 terms of the permit. and A BUOY OR BEACON PLACED IN CONFORMANCE

21 WITH THIS PART shall be considered lawfully placed. If buoys or

22 beacons are placed in the waters of this state without a permit

23 having been issued, the department may order their removal. If,

24 in the judgment of the department, buoys or beacons authorized by

25 the department are found to be improperly placed, the reason for

26 their placement no longer exists, or the buoys or beacons do not

27 conform THE DEPARTMENT MAY ORDER THE REMOVAL OF A BUOY OR BEACON

00685'97 b ***
30

1 PLACED IN THE WATERS OF THIS STATE WITHOUT A PERMIT. THE

2 DEPARTMENT MAY REVOKE A PERMIT FOR, AND MAY ORDER THE REMOVAL OF,

3 A BUOY OR BEACON THAT THE DEPARTMENT DETERMINES IS ANY OF THE

4 FOLLOWING:

5 (A) IMPROPERLY PLACED.

6 (B) PLACED AT A SITE WHERE IT IS NO LONGER NEEDED.

7 (C) NOT CONFORMING to the uniform system of marking estab-

8 lished by state regulation. , the department may revoke the

9 permit authorizing their placement and may order their removal.

10 Revocation of permits and orders of removal shall be

11 (D) NOT COMPLYING WITH A PERMIT CONDITION.

12 (4) THE DEPARTMENT SHALL REVOKE A PERMIT AND ISSUE AN ORDER

13 OF REMOVAL PURSUANT TO SUBSECTION (3) by PROVIDING written notice

14 to the person placing the buoys or beacons WHO PLACED THE BUOY

15 OR BEACON AT A SITE or to the person to whom the permit was

16 issued at his or her THAT PERSON'S last known address, direct-

17 ing the removal within a specified time. The person to whom the

18 notice is directed shall remove the buoys or beacons BUOY OR

19 BEACON in accordance with the instructions WRITTEN NOTICE. If

20 the person fails to remove the buoys or beacons BUOY OR BEACON

21 within the specified time, the department may cause their remov-

22 al, and the cost and expense of the removal shall be charged

23 against the person authorized to place the buoys or beacons or,

24 where authorization has not been granted, the person placing such

25 buoys or beacons and shall be REMOVE THE BUOY OR BEACON AT THAT

26 PERSON'S COST. THE DEPARTMENT MAY REMOVE AN UNAUTHORIZED BUOY OR

27 BEACON AND RECOVER THE COST OF THAT REMOVAL FROM THE PERSON WHO

00685'97 b ***
31

1 PLACED THE BUOY OR BEACON AT A SITE WITHOUT A PERMIT. THE COSTS

2 ARE recoverable through any A court of competent jurisdiction.

3 (5) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A

4 STATE CIVIL INFRACTION.

5 Sec. 80166. (1) Upon the direction of a peace officer, the

6 operator OR PERSON IN CHARGE of a vessel moving on the waters of

7 this state shall immediately bring the vessel to a stop or maneu-

8 ver it in a manner that permits the peace officer to come beside

9 the vessel. The operator of the vessel and any person on the

10 vessel shall do the following upon the request of the peace

11 officer:

12 (a) Provide his or her correct name and address.

13 (b) Exhibit the certificate of number awarded for the

14 vessel.

15 (c) If the vessel does not bear a decal described in

16 subsection (3), submit to a reasonable inspection of the vessel

17 and to a reasonable inspection and test of the equipment of the

18 vessel . IF THE VESSEL DOES NOT BEAR 1 OF THE FOLLOWING:

19 (i) A DECAL DESCRIBED IN SUBSECTION (3).

20 (ii) A DECAL ISSUED BY THE UNITED STATES COAST GUARD VERIFY-

21 ING THAT THE VESSEL HAS BEEN INSPECTED AND IS IN COMPLIANCE WITH

22 FEDERAL SAFETY STANDARDS.

23 (2) Each police chief, the director of the law enforcement

24 division of the department, of natural resources, the director

25 of the department of state police, and each sheriff shall issue a

26 book containing both of the following to each peace officer in

00685'97 b ***
32

1 his or her department whose duties may include enforcement of

2 marine law:

3 (a) Adhesive copies of a uniform marine safety inspection

4 decal described in subsection (3).

5 (b) Receipts for each uniform inspection decal copy.

6 (3) The department shall create and each calendar year make

7 available to persons described in subsection (2) adhesive copies

8 of a uniform marine safety inspection decal that is all of the

9 following:

10 (a) Effective for 1 calendar year.

11 (b) Of a distinct color that is changed each calendar year.

12 (c) Attachable to a vessel and bearing language that sub-

13 stantially complies with the following: "This vessel has been

14 inspected by ________ on ________ and is in compliance with the

15 equipment and registration requirements of part 801 of the natu-

16 ral resources and environmental protection act.".

17 (4) A peace officer who conducts an inspection of a vessel

18 authorized under this section shall include in that inspection a

19 reasonable examination and test of the equipment on that vessel.

20 If the peace officer does not find a violation of a marine law,

21 he or she shall affix to the vessel an adhesive copy of the uni-

22 form marine safety inspection decal described in subsection (3)

23 and shall complete a receipt for that decal.

24 (5) A completed receipt for a decal shall include all of the

25 following:

26 (a) The name of the peace officer.

00685'97 b ***
33

1 (b) The time, date, and place of the inspection.

2 (c) The vessel's identifying number.

3 (6) A peace officer shall deliver to his or her supervisor

4 or person designated by that supervisor a receipt for a decal

5 within 48 hours of affixing the decal to a vessel. The supervi-

6 sor or person designated by the supervisor shall maintain

7 receipts received under this section for a period of 1 year.

8 (7) Except for inspection of a vessel to determine the

9 number and adequacy of personal flotation devices on that vessel,

10 a peace officer shall not stop and inspect a vessel bearing the

11 decal described in this section during the period the decal

12 remains in effect unless that peace officer has probable cause to

13 believe the vessel or the vessel's operator is in violation of a

14 marine law.

15 (8) A person who is detained for a violation of this part or

16 of a local ordinance substantially corresponding to a provision

17 of this part and who furnishes a peace officer false, forged,

18 fictitious, or misleading verbal or written information identify-

19 ing the person as another person is guilty of a misdemeanor.

20 (9) A peace officer who observes a marine law violation THAT

21 IS A FELONY OR A MISDEMEANOR may immediately arrest the person

22 without a warrant or issue to the person a written or verbal

23 warning.

24 Sec. 80167. If a person is arrested without a warrant for

25 any of the following, the arrested person shall, without unrea-

26 sonable delay, be arraigned by a magistrate or judge who is

27 within the county in which the offense charged is alleged to have

00685'97 b ***
34

1 been committed, who has jurisdiction of the offense, and who is

2 nearest or most accessible with reference to the place where the

3 arrest is made:

4 (a) The person is arrested upon a charge of negligent

5 NEGLIGENT homicide.

6 (b) The person is arrested under A VIOLATION OF section

7 80176(1), (3), (4), or (5), or a local ordinance substantially

8 corresponding to section 80176(1) or (3).

9 (c) The person is arrested under A VIOLATION OF section

10 80147 or a local ordinance substantially corresponding to section

11 80147. If in the existing circumstances it does not appear that

12 releasing the person pending the issuance of a warrant will con-

13 stitute a public menace, the arresting officer may proceed as

14 provided by section 80168.

15 Sec. 80168. (1) When a person is arrested without a warrant

16 for a MARINE LAW violation of this part punishable as a misde-

17 meanor , or of a provision of any local ordinance or rule estab-

18 lished in conformity with this part, under conditions not

19 referred to in section 80167, the arresting officer shall prepare

20 in duplicate a written notice to appear in court containing the

21 name and address of the person, the offense charged, and the time

22 and place when and where the person shall appear in court. If

23 AS SOON AS POSSIBLE AND AS COMPLETELY AS POSSIBLE, ISSUE TO, AND

24 SERVE UPON THAT PERSON AN APPEARANCE TICKET PURSUANT TO SECTION

25 9F OF CHAPTER IV OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175,

26 MCL 764.9F. THE OFFICER SHALL INFORM THE ALLEGED OFFENDER OF THE

27 VIOLATION AND SHALL GIVE THE MISDEMEANOR COPY OF THE CITATION TO

00685'97 b ***
35

1 THE ALLEGED OFFENDER. UPON THE DEMAND OF the arrested person, so

2 demands, he or she shall be arraigned by a magistrate THE

3 ARRESTING OFFICER SHALL TAKE THE PERSON TO BE ARRAIGNED BEFORE A

4 JUDGE or a district court judge MAGISTRATE as provided in sec-

5 tion 80167 in lieu of being given the notice CITATION.

6 (2) The time specified in the notice CITATION to appear

7 shall be within a reasonable time after the arrest unless the

8 person arrested demands an earlier hearing.

9 (3) The place OF COURT APPEARANCE specified in the notice

10 to appear CITATION shall be before a magistrate or a IN THE

11 district OR MUNICIPAL court judge who is within the township

12 or county JUDICIAL DISTRICT in which the offense charged is

13 alleged to have been committed and who has jurisdiction of the

14 offense OCCURRED.

15 (4) Appearance may be made A PERSON MAY MAKE AN APPEARANCE

16 in person, by representation, or by mail. When IF appearance

17 is made by representation or mail, the JUDGE OR DISTRICT COURT

18 magistrate or the district court judge may accept the plea of

19 guilty or not guilty for purposes of arraignment, with the same

20 effect as though the person personally appeared before him or

21 her. The JUDGE OR DISTRICT COURT magistrate, or the district

22 court judge, by giving notice 5 days prior to the date of

23 appearance, may require appearance in person at the time and

24 place designated in the notice CITATION.

25 SEC. 80168A. (1) IF A PEACE OFFICER ISSUES A CITATION UNDER

26 SECTION 80168 FOR A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR

27 NOT MORE THAN 90 DAYS, A COURT HAVING JURISDICTION MAY ACCEPT A

00685'97 b ***
36

1 PLEA OF GUILTY OR NOT GUILTY UPON THE CITATION WITHOUT RECEIPT OF

2 A SWORN COMPLAINT, BUT SHALL NOT MAKE A DOCKET RETURN ON THE COM-

3 PLAINT UNTIL THE OFFICER SIGNS THE COMPLAINT.

4 (2) IF THE PERSON TO WHOM A CITATION WAS ISSUED UNDER

5 SECTION 80168 PLEADS NOT GUILTY, A COURT SHALL HOLD NO FURTHER

6 PROCEEDINGS UNTIL A SWORN COMPLAINT IS FILED WITH THE MAGISTRATE

7 OR JUDGE. A COURT SHALL NOT ISSUE AN ARREST WARRANT FOR A PERSON

8 TO WHOM A CITATION WAS ISSUED UNDER SECTION 80168 UNTIL A SWORN

9 COMPLAINT AGAINST THAT PERSON IS FILED WITH THE COURT.

10 Sec. 80169. (1) If a person not a resident of this state is

11 arrested without a warrant for any A MARINE LAW violation of

12 this part under conditions THAT IS PUNISHABLE AS A MISDEMEANOR,

13 AND THE VIOLATION IS not referred to under section 80167, the

14 officer making the arrest, upon demand of the arrested person,

15 shall immediately take the person for arraignment by a

16 magistrate JUDGE or a district court judge MAGISTRATE in the

17 vicinity JUDICIAL DISTRICT IN WHICH THE OFFENSE CHARGED IS

18 ALLEGED TO HAVE OCCURRED to answer to the complaint made against

19 him or her. If a magistrate or a district court judge IN THAT

20 JUDICIAL DISTRICT is not available or an immediate trial cannot

21 be had, the person arrested may recognize to the officer for his

22 or her appearance by leaving with him or her THE OFFICER a

23 GUARANTEED APPEARANCE CERTIFICATE OR sum of money not to exceed

24 $25.00. $100.00 AND THE FOLLOWING SHALL APPLY:

25 (A) (2) The officer making the arrest shall give a

26 receipt to the person arrested A WRITTEN CITATION AS PROVIDED IN

27 SECTION 80168 AND A RECEIPT for the GUARANTEED APPEARANCE

00685'97 b ***
37

1 CERTIFICATE OR THE money deposited with him or her under

2 subsection (1), together with a written summons as provided in

3 section 80168 THAT OFFICER.

4 (B) (3) If the offender ARRESTED PERSON fails to appear

5 as required IN THE CITATION, THE GUARANTEED APPEARANCE CERTIFI-

6 CATE OR the deposit shall be forfeited as in other cases of

7 default in bail , in addition to any other penalty provided in

8 this part.

9 (2) (4) Within NOT MORE THAN 48 hours after taking A

10 PEACE OFFICER RECEIVES A CERTIFICATE OR a deposit OF MONEY under

11 this section, the officer shall deposit the money with the mag-

12 istrate or the district court judge named in the notice to

13 appear, together with a report stating the facts relating to the

14 arrest. Failure to make the report and deposit the money

15 DELIVER THAT CERTIFICATE OR DEPOSIT OF MONEY AND A REPORT STATING

16 THE FACTS RELATING TO THE ARREST TO THE COURT NAMED IN THE

17 CITATION, OR TO THE POLICE CHIEF OR PERSON AUTHORIZED BY THE

18 POLICE CHIEF TO RECEIVE CERTIFICATES AND DEPOSITS. THE POLICE

19 CHIEF OR PERSON AUTHORIZED BY THE POLICE CHIEF SHALL DEPOSIT WITH

20 THE COURT THE CERTIFICATE OR THE MONEY DEPOSITED AND THE CITATION

21 IN THE SAME MANNER AS PRESCRIBED FOR CITATIONS IN SECTION

22 80199C.

23 (3) THE FAILURE OF A PERSON IN RECEIPT OF MONEY UNDER THIS

24 SECTION TO DEPOSIT THAT MONEY IN THE MANNER PRESCRIBED BY THIS

25 SECTION is embezzlement of public money.

26 Sec. 80170. (1) Any AN officer, JUDGE, OR DISTRICT COURT

27 magistrate , or district court judge violating WHO VIOLATES

00685'97 b ***
38

1 section 80168 or 80169 is guilty of misconduct in office and is

2 subject to removal from office.

3 (2) Sections 80168 and 80169 govern all A peace officers

4 OFFICER in making arrests AN ARREST without a warrant for

5 violations of this part A MARINE LAW VIOLATION and do not pre-

6 vent the execution of a warrant for the arrest of the A person.

7 as in other cases of misdemeanors when it may be necessary.

8 Sec. 80171. (1) Unless EXCEPT AS otherwise specified

9 under PROVIDED IN this part, a MARINE LAW violation of this

10 part or rules promulgated under this part is a misdemeanor. A

11 (2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), A polit-

12 ical subdivision having adopted THAT ENACTS a local ordinance

13 in conformity with this part may provide that any A violation

14 of the THAT ordinance is a misdemeanor OR A STATE CIVIL

15 INFRACTION. Any

16 (3) A POLITICAL SUBDIVISION SHALL NOT ENACT A LOCAL ORDI-

17 NANCE THAT PROVIDES A CRIMINAL PENALTY FOR AN ACT OR OMISSION

18 THAT IS A STATE CIVIL INFRACTION UNDER THIS PART, OR THAT IMPOSES

19 A PENALTY IN EXCESS OF THAT PRESCRIBED IN THIS PART. A LOCAL

20 ORDINANCE THAT IS IN CONFLICT WITH THIS PART IS VOID TO THE

21 EXTENT OF THE CONFLICT. A POLITICAL SUBDIVISION SHALL NOT DESIG-

22 NATE AS A STATE CIVIL INFRACTION OR A MUNICIPAL CIVIL INFRACTION

23 AN ACT OR OMISSION THAT IS A MISDEMEANOR OR FELONY UNDER THIS

24 PART.

25 (4) A PERSON WHO VIOLATES AN ADMINISTRATIVE RULE PROMULGATED

26 UNDER THIS PART OR A LOCAL ORDINANCE ENACTED IN ACCORDANCE WITH

00685'97 b ***
39

1 SECTIONS 80110 AND 80111 IS RESPONSIBLE FOR A STATE CIVIL

2 INFRACTION.

3 (5) A COURT HAVING JURISDICTION OVER A person convicted of

4 reckless operation of a vessel as defined in section 80147, or of

5 operating a vessel while under the influence of intoxicating

6 liquor or narcotic drugs, in addition to IMPOSING any other pen-

7 alty, may be refused by the court having jurisdiction of the

8 violation the right of PROHIBIT THAT CONVICTED PERSON FROM oper-

9 ating any A vessel on any of the waters of this state for a

10 period of not more than 2 years.

11 Sec. 80176. (1) A person shall not operate a vessel on the

12 waters of this state if either of the following applies:

13 (a) The person is under the influence of intoxicating liquor

14 or a controlled substance, or both.

15 (b) The person has a blood alcohol content of 0.10 grams or

16 more per 100 milliliters of blood, per 210 liters of breath, or

17 per 67 milliliters of urine.

18 (2) The owner of a vessel or a person in charge or in con-

19 trol of a vessel shall not authorize or knowingly permit the

20 vessel to be operated on the waters of this state by a person who

21 is under the influence of intoxicating liquor or a controlled

22 substance, or both, or who has a blood alcohol content of 0.10

23 grams or more per 100 milliliters of blood, per 210 liters of

24 breath, or per 67 milliliters of urine.

25 (3) A person shall not operate a vessel on the waters of

26 this state when, due to the consumption of an intoxicating liquor

27 or a controlled substance, or both, the person's ability to

00685'97 b ***
40

1 operate the vessel is visibly impaired. If a person is charged

2 with violating subsection (1), a finding of guilty under this

3 subsection may be rendered.

4 (4) A person who operates a vessel on the waters of this

5 state under the influence of intoxicating liquor or a controlled

6 substance, or both, or with a blood alcohol content of 0.10 grams

7 or more per 100 milliliters of blood, per 210 liters of breath,

8 or per 67 milliliters of urine, and by the operation of that

9 vessel causes the death of another person is guilty of a felony,

10 punishable by imprisonment for not more than 15 years, or a fine

11 of not less than $2,500.00 or more than $10,000.00, or both.

12 (5) A person who operates a vessel on the waters of this

13 state under the influence of intoxicating liquor or a controlled

14 substance, or both, or with a blood alcohol content of 0.10 grams

15 or more per 100 milliliters of blood, per 210 liters of breath,

16 or per 67 milliliters of urine, and by the operation of that

17 vessel causes a long-term incapacitating injury SERIOUS IMPAIR-

18 MENT OF A BODY FUNCTION to another person is guilty of a felony,

19 punishable by imprisonment for not more than 5 years, or a fine

20 of not less than $1,000.00 or more than $5,000.00, or both. AS

21 USED IN THIS SUBSECTION, "SERIOUS IMPAIRMENT OF A BODY FUNCTION"

22 INCLUDES, BUT IS NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

23 (A) LOSS OF A LIMB OR USE OF A LIMB.

24 (B) LOSS OF A HAND, FOOT, FINGER, OR THUMB OR USE OF A HAND,

25 FOOT, FINGER, OR THUMB.

26 (C) LOSS OF AN EYE OR EAR OR USE OF AN EYE OR EAR.

00685'97 b ***
41

1 (D) LOSS OR SUBSTANTIAL IMPAIRMENT OF A BODILY FUNCTION.

2 (E) SERIOUS VISIBLE DISFIGUREMENT.

3 (F) A COMATOSE STATE THAT LASTS FOR MORE THAN 3 DAYS.

4 (G) MEASURABLE BRAIN DAMAGE OR MENTAL IMPAIRMENT.

5 (H) A SKULL FRACTURE OR OTHER SERIOUS BONE FRACTURE.

6 (I) SUBDURAL HEMORRHAGE OR SUBDURAL HEMATOMA.

7 Sec. 80180. (1) A peace officer, without a warrant, may

8 arrest a person if the peace officer has reasonable cause to

9 believe that the person was, at the time of an accident, the

10 operator of a vessel involved in the accident in this state while

11 in violation of section 80176(1), (3), (4), or (5) or a local

12 ordinance substantially corresponding to section 80176(1) or

13 (3).

14 (2) A peace officer who has reasonable cause to believe that

15 a person was operating a vessel on the waters of this state, and

16 that, by the consumption of intoxicating liquor, the person may

17 have affected his or her ability to operate a vessel, may require

18 the person to submit to a preliminary chemical breath analysis.

19 The following apply with respect to a preliminary chemical breath

20 analysis:

21 (a) Only a peace officer who has successfully completed a

22 training course taught by a state-certified instructor in the

23 administration of the preliminary chemical breath analysis may

24 administer that test.

25 (b) A peace officer may arrest a person based in whole or in

26 part upon the results of a preliminary chemical breath analysis.

00685'97 b ***
42

1 (c) The results of a preliminary chemical breath analysis

2 are admissible in a criminal prosecution for a crime described in

3 section 80187(1) or in an administrative hearing solely to assist

4 the court or hearing officer in determining a challenge to the

5 validity of an arrest. This subdivision does not limit the

6 introduction of other competent evidence offered to establish the

7 validity of an arrest.

8 (d) A person who submits to a preliminary chemical breath

9 analysis remains subject to the requirements of sections 80187 to

10 80190 for the purposes of chemical tests described in those

11 sections.

12 (e) A person who refuses to submit to a preliminary chemical

13 breath analysis upon a lawful request by a peace officer is

14 responsible for a state civil infraction. and may be ordered to

15 pay a civil fine of not more than $100.00.

16 (3) A peace officer making an arrest under this part shall

17 take measures to assure that the vessel and its occupants are

18 safely returned to shore.

19 (4) If, within 60 days after the issuance of a citation for

20 a state civil infraction under this section, the person to whom

21 the citation is issued is not charged with a violation of section

22 80176(1), (3), (4), or (5) or a local ordinance substantially

23 corresponding to section 80176(1) or (3), the citation issued for

24 the state civil infraction is void. Upon application of the

25 person to whom the citation is issued, money paid by the person

26 as a fine, costs, or otherwise shall be immediately returned.

00685'97 b ***
43

1 SEC. 80193A. THE COURT THAT COLLECTS AN ADMINISTRATIVE

2 ORDER PROCESSING FEE UNDER SECTION 80193 SHALL TRANSMIT 60% OF

3 THE COLLECTED AMOUNT TO THE SECRETARY OF STATE TO DEFRAY EXPENSES

4 INCURRED BY THE SECRETARY OF STATE UNDER THIS ACT.

5 Sec. 80198a. (1) When wind conditions on the Great Lakes

6 attain a magnitude whereby IF 1/3 of the waves resulting from

7 the ON THE GREAT LAKES RESULTING FROM WIND conditions cause any

8 public dock, pier, wharf, or retaining wall to be awash, it con-

9 stitutes a state not conducive to the orderly and safe use and

10 occupancy of those structures. THAT PUBLIC DOCK, PIER, WHARF, OR

11 RETAINING WALL IS UNSAFE.

12 (2) When IF the conditions described in subsection (1)

13 exist, any A harbormaster, peace or police officer, or other

14 authorized official may rope off or barricade entry to these

15 structures THE UNSAFE PUBLIC DOCK, PIER, WHARF, OR RETAINING

16 WALL or THAT PERSON MAY post in a conspicuous manner notices that

17 entry on those structures TO THAT PUBLIC DOCK, PIER, WHARF, OR

18 RETAINING WALL for the purpose of fishing, swimming, or other

19 recreational activity is prohibited.

20 (3) A person shall not knowingly enter or remain upon any

21 A public dock, pier, wharf, or retaining wall for the purpose of

22 fishing, swimming, or other recreational activity when the

23 structure 1 OR MORE OF THE FOLLOWING EXIST:

24 (A) THE PUBLIC DOCK, PIER, WHARF, OR RETAINING WALL is

25 roped, cabled, or otherwise barricaded in a manner designed to

26 exclude intruders. , when

00685'97 b ***
44

1 (B) A notice against entry is given by posting POSTED in a

2 conspicuous manner. , or when

3 (C) A notice to leave or stay off is personally communicated

4 to that person HIM OR HER by a peace or police officer or

5 other authorized official of the local unit of government

6 POLITICAL SUBDIVISION.

7 Sec. 80198b. (1) The owner or person in charge of a bathing

8 beach maintained primarily for public use shall not knowingly

9 permit a person to bathe or swim from the bathing beach unless

10 buoys outlining a safe bathing or swimming area are established

11 in accordance with section 80159.

12 (2) A person who is bathing or swimming from a bathing beach

13 maintained primarily for public use shall not bathe or swim in

14 waters that are within 100 feet beyond the buoyed bathing or

15 swimming area. This subsection does not apply to persons swim-

16 ming from adjacent privately owned beaches that are not open to

17 the general public.

18 (3) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A

19 STATE CIVIL INFRACTION.

20 SEC. 80199A. EACH POLICE CHIEF, THE DIRECTOR OF THE LAW

21 ENFORCEMENT DIVISION OF THE DEPARTMENT, THE DIRECTOR OF THE

22 DEPARTMENT OF STATE POLICE, AND EACH SHERIFF SHALL DO BOTH OF THE

23 FOLLOWING:

24 (A) ISSUE CITATION BOOKS OF CONSECUTIVELY NUMBERED CITATIONS

25 TO EACH PEACE OFFICER OF HIS OR HER DEPARTMENT WHOSE DUTIES MAY

26 OR WILL INCLUDE ENFORCEMENT OF MARINE LAW.

00685'97 b ***
45

1 (B) OBTAIN A RECEIPT FROM THE OFFICER TO WHOM A CITATION

2 BOOK HAS BEEN ISSUED UPON A FORM CREATED BY THE SECRETARY OF

3 STATE, THE ATTORNEY GENERAL, THE STATE COURT ADMINISTRATOR, AND

4 THE DIRECTOR OF THE DEPARTMENT OF STATE POLICE.

5 SEC. 80199B. (1) BEFORE THE EXPIRATION OF 48 HOURS AFTER

6 THE COMPLETION OF HIS OR HER TOUR OF DUTY, A PEACE OFFICER TO

7 WHOM A CITATION BOOK HAS BEEN ISSUED AND WHO HAS RECORDED THE

8 OCCURRENCE OF A MARINE LAW VIOLATION UPON A CITATION SHALL

9 DELIVER TO HIS OR HER POLICE CHIEF OR TO A PERSON DULY AUTHORIZED

10 BY THE POLICE CHIEF TO RECEIVE CITATIONS ALL COPIES OF THE

11 CITATION DULY SIGNED. THE POLICE CHIEF OR A PERSON DULY AUTHO-

12 RIZED BY THE POLICE CHIEF SHALL DEPOSIT THE ORIGINAL OF THE

13 CITATION WITH THE COURT HAVING JURISDICTION OVER THE OFFENSE NOT

14 LATER THAN 3 DAYS AFTER THE DATE OF THE CITATION, EXCLUDING

15 SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS.

16 (2) THE CITATION IS DEPOSITED WITH THE COURT AS REQUIRED

17 UNDER SUBSECTION (1) IF THE ORIGINAL OF THE CITATION IS MAILED

18 NOT LATER THAN 2 DAYS AFTER THE DATE OF THE CITATION AS SPECIFIED

19 UNDER THIS SUBSECTION. MAILING IS ACCOMPLISHED BY ENCLOSING THE

20 ORIGINAL OF THE CITATION IN A SEALED ENVELOPE WITH FIRST CLASS

21 POSTAGE FULLY PREPAID, ADDRESSED TO THE COURT, AND DEPOSITING THE

22 ENVELOPE AND CONTENTS IN THE UNITED STATES GOVERNMENT MAIL.

23 (3) IF A CITATION IS SPOILED, MUTILATED, OR VOIDED, THE

24 PEACE OFFICER WHO ISSUED THAT CITATION SHALL ENDORSE IT WITH A

25 STATEMENT FULLY EXPLAINING ITS CONDITION, AND SHALL PROVIDE HIS

26 OR HER CHIEF OFFICER OR THAT PERSON'S AUTHORIZED DESIGNEE WITH

27 THE STATEMENT.

00685'97 b ***
46

1 (4) THIS PART DOES NOT PREVENT A PERSON WHO IS NOT A PEACE

2 OFFICER FROM APPLYING FOR THE ISSUANCE OF A CRIMINAL COMPLAINT

3 FOR A MARINE LAW VIOLATION THAT IS NOT A STATE CIVIL INFRACTION,

4 AND THAT PERSON IS NOT REQUIRED TO SHOW THAT THE ALLEGED OFFENDER

5 HAS BEEN ISSUED A CITATION IN CONNECTION WITH THE OFFENSE.

6 SEC. 80199C. THE STATE TREASURER SHALL ESTABLISH PROCEDURES

7 TO ENSURE THE ACCOUNTABILITY OF ALL JURISDICTIONS PROCESSING

8 MARINE LAW VIOLATION CITATIONS. THE RECORD SHOWING THE ISSUANCE

9 AND SUBSEQUENT DISPOSITION SHALL BE MAINTAINED COMPLETE FOR AT

10 LEAST 5 YEARS FOLLOWING ISSUANCE AND DISPOSITION AND THE RECORDS

11 AND NOTICES SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION.

12 SEC. 80199D. THE FISCAL OFFICER OF THE POLITICAL SUBDIVI-

13 SION TO WHICH A MARINE LAW ENFORCEMENT AGENCY OR DEPARTMENT IS

14 RESPONSIBLE SHALL CONDUCT A COMPLETE AUDIT OF CITATION RECORDS OF

15 THAT POLITICAL SUBDIVISION AT LEAST ANNUALLY. THE STATE TREA-

16 SURER MAY AUDIT THOSE CITATION RECORDS AT ANY TIME.

17 SEC. 80199E. A PERSON WHO KNOWINGLY FALSIFIES A CITATION OR

18 COPIES OF A CITATION, OR A RECORD OF THE ISSUANCE OF A CITATION,

19 OR DISPOSES OF A CITATION, COPY, OR RECORD, IN A MANNER OTHER

20 THAN AS REQUIRED IN THIS PART, OR ATTEMPTS SO TO FALSIFY OR DIS-

21 POSE, OR ATTEMPTS TO INCITE OR PROCURE ANOTHER SO TO FALSIFY OR

22 DISPOSE IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR

23 NOT MORE THAN 1 YEAR, OR A FINE OF NOT MORE THAN $500.00, OR

24 BOTH.

25 SEC. 80199F. (1) IF A PERSON WHO IS NOT A RESIDENT OF THIS

26 STATE IS STOPPED OR DETAINED FOR A STATE CIVIL INFRACTION UNDER

27 THIS PART AND THAT PERSON HAS IN HIS OR HER POSSESSION AN

00685'97 b ***
47

1 IDENTIFICATION DOCUMENT, THE PEACE OFFICER MAKING THE STOP SHALL

2 TAKE THAT PERSON'S IDENTIFICATION DOCUMENT AS SECURITY FOR THE

3 NONRESIDENT'S APPEARANCE IN COURT AND SATISFACTION OF ANY ORDER

4 WHICH MAY BE ISSUED UNDER SECTION 80199G AND SHALL ISSUE TO THAT

5 PERSON A CITATION. WITHIN 48 HOURS OF A PEACE OFFICER'S RECEIPT

6 OF AN IDENTIFICATION DOCUMENT UNDER THIS SECTION, THAT PEACE

7 OFFICER SHALL DELIVER THE IDENTIFICATION DOCUMENT TO THE COURT

8 NAMED IN THE CITATION OR TO THE APPLICABLE CHIEF POLICE OFFICER

9 OR PERSON AUTHORIZED BY THAT CHIEF POLICE OFFICER TO RECEIVE

10 CITATIONS AND IDENTIFICATION DOCUMENTS. THE CHIEF POLICE OFFICER

11 OR PERSON AUTHORIZED SHALL DEPOSIT THE IDENTIFICATION DOCUMENT

12 AND CITATION WITH THE COURT IN THE SAME MANNER AS PRESCRIBED FOR

13 CITATIONS IN SECTION 80199B. FAILURE TO DELIVER THE IDENTIFICA-

14 TION DOCUMENT IS CONTEMPT OF COURT.

15 (2) IN LIEU OF THE OFFICER'S TAKING OF THE IDENTIFICATION

16 DOCUMENT UNDER SUBSECTION (1) OR BEFORE APPEARANCE IN COURT, THE

17 PERSON STOPPED MAY GUARANTEE TO THE OFFICER OR TO THE COURT FOR

18 HIS OR HER APPEARANCE BY LEAVING WITH THE OFFICER OR COURT A

19 GUARANTEED APPEARANCE CERTIFICATE OR A SUM OF MONEY NOT TO EXCEED

20 $100.00.

21 (3) IF A JUDGE OR DISTRICT COURT MAGISTRATE IS AVAILABLE FOR

22 AN IMMEDIATE APPEARANCE, AND A NONRESIDENT TO WHOM A CITATION IS

23 ISSUED DEMANDS AN IMMEDIATE HEARING, THE PEACE OFFICER ISSUING

24 THE CITATION SHALL TAKE THE NONRESIDENT BEFORE THE JUDGE OR DIS-

25 TRICT COURT MAGISTRATE IMMEDIATELY FOR A HEARING ON THE ALLEGED

26 STATE CIVIL INFRACTION. THE COURT HAVING JURISDICTION SHALL

27 RETURN TO A NONRESIDENT THAT PERSON'S IDENTIFICATION UPON

00685'97 b ***
48

1 COMPLETION OF AN INFORMAL HEARING OR UPON THAT PERSON'S ADMISSION

2 OF RESPONSIBILITY, IF ANY OF THE FOLLOWING OCCUR:

3 (A) JUDGMENT IS ENTERED FOR THAT PERSON.

4 (B) AN ADVERSE JUDGMENT AGAINST THAT PERSON IS SATISFIED.

5 (C) THAT PERSON PROVIDES THE COURT WITH A GUARANTEED APPEAR-

6 ANCE CERTIFICATE OR A SUM OF MONEY NOT TO EXCEED $100.00 AS

7 SECURITY FOR PAYMENT OF ANY FINES OR COSTS ORDERED.

8 (4) IF THE NONRESIDENT DEFENDANT REQUESTS A FORMAL HEARING,

9 THE COURT SHALL SCHEDULE A HEARING AS PROVIDED IN SECTION 8821 OF

10 THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.8821,

11 BUT SHALL RETAIN THE DEFENDANT'S IDENTIFICATION DOCUMENT UNTIL

12 FINAL RESOLUTION OF THE MATTER UNLESS THE DEFENDANT LEAVES WITH

13 THE COURT A GUARANTEED APPEARANCE CERTIFICATE OR DEPOSIT AS

14 DESCRIBED IN SUBSECTION (2) AS SECURITY FOR APPEARANCE AT THE

15 SCHEDULED FORMAL HEARING.

16 (5) THE OFFICER RECEIVING A GUARANTEED APPEARANCE CERTIFI-

17 CATE OR DEPOSIT OF MONEY UNDER SUBSECTION (2) SHALL DO EACH OF

18 THE FOLLOWING:

19 (A) GIVE TO THE PERSON STOPPED FOR AN ALLEGED STATE CIVIL

20 INFRACTION A RECEIPT FOR THE GUARANTEED APPEARANCE CERTIFICATE OR

21 THE MONEY DEPOSITED.

22 (B) GIVE TO THE PERSON STOPPED FOR AN ALLEGED STATE CIVIL

23 INFRACTION THE WRITTEN CITATION REQUIRED UNDER SUBSECTION (1).

24 (C) WITHIN 48 HOURS AFTER HIS OR HER RECEIPT OF A CERTIFI-

25 CATE OR DEPOSIT OF MONEY PURSUANT TO THIS SECTION, DEPOSIT THAT

26 CERTIFICATE OR MONEY WITH THE COURT IDENTIFIED IN THE CITATION,

27 WITH THE CHIEF OFFICER OF HIS OR HER DEPARTMENT OR AGENCY, OR

00685'97 b ***
49

1 WITH THE AUTHORIZED AGENT OF THE CHIEF OFFICER OF HIS OR HER

2 DEPARTMENT OR AGENCY.

3 (6) A CHIEF OFFICER OF A DEPARTMENT OR AGENCY OR THAT

4 PERSON'S AUTHORIZED AGENT SHALL DELIVER A CERTIFICATE OR MONEY

5 RECEIVED UNDER THIS SECTION TO THE COURT IN THE SAME MANNER AS

6 PRESCRIBED FOR CITATIONS IN SECTION 80199B. THAT PERSON'S FAIL-

7 URE TO DELIVER A CERTIFICATE OR DEPOSIT OF MONEY IN COMPLIANCE

8 WITH THIS SECTION IS EMBEZZLEMENT OF PUBLIC MONEY.

9 (7) IF THE PERSON WHO POSTS A CERTIFICATE OR DEPOSIT FAILS

10 TO APPEAR AS REQUIRED IN THE CITATION OR FOR A SCHEDULED FORMAL

11 HEARING, THE COURT HAVING JURISDICTION AND VENUE OVER THE STATE

12 CIVIL INFRACTION SHALL ENTER A DEFAULT JUDGMENT AGAINST THAT

13 PERSON, AND THAT PERSON SHALL FORFEIT THE GUARANTEED APPEARANCE

14 CERTIFICATE OR MONEY DEPOSITED. THE COURT SHALL APPLY MONEY FOR-

15 FEITED UNDER THIS SECTION TO ANY CIVIL FINE OR COSTS ORDERED PUR-

16 SUANT TO SECTION 80199G.

17 SEC. 80199G. (1) A MARINE LAW VIOLATION THAT IS DESIGNATED

18 A STATE CIVIL INFRACTION IS NOT A LESSER INCLUDED OFFENSE OF A

19 CRIMINAL OFFENSE.

20 (2) IF A PERSON IS FOUND TO BE RESPONSIBLE OR RESPONSIBLE

21 "WITH EXPLANATION" FOR A STATE CIVIL INFRACTION, A COURT MAY

22 ORDER THE PERSON TO PAY A CIVIL FINE OF NOT MORE THAN $100.00.

23 (3) A CIVIL FINE THAT IS ORDERED UNDER THIS SECTION FOR A

24 VIOLATION OF THIS PART OR A RULE PROMULGATED UNDER THIS PART IS

25 EXCLUSIVELY APPLICABLE TO THE SUPPORT OF PUBLIC LIBRARIES AND

26 COUNTY LAW LIBRARIES IN THE SAME MANNER AS IS PROVIDED BY LAW FOR

00685'97 b ***
50

1 PENAL FINES ASSESSED AND COLLECTED FOR VIOLATION OF A PENAL LAW

2 OF THE STATE.

3 (4) SUBSECTION (3) IS INTENDED TO MAINTAIN A SOURCE OF REVE-

4 NUE FOR PUBLIC LIBRARIES THAT PREVIOUSLY RECEIVED PENAL FINES FOR

5 THOSE MISDEMEANOR VIOLATIONS OF THIS PART THAT ARE NOW STATE

6 CIVIL INFRACTIONS.

7 SEC. 80199H. IF A PERSON RECEIVES A CITATION FOR A VIOLA-

8 TION OF SECTION 80124(9), THE COURT SHALL WAIVE ANY FINE AND

9 COSTS, UPON RECEIPT OF CERTIFICATION BY A LAW ENFORCEMENT AGENCY

10 THAT THE PERSON, BEFORE THE APPEARANCE DATE ON THE CITATION,

11 PRODUCED A CERTIFICATE OF NUMBER THAT WAS VALID ON THE DATE THE

12 VIOLATION OF SECTION 80124(9) OCCURRED.

13 Enacting section 1. Section 4a of 1846 RS 1, MCL 8.4a,

14 applies to a violation of part 801 (marine safety) of the natural

15 resources and environmental protection act, 1994 PA 451,

16 MCL 324.80101 to 324.80199, and to a violation of a local ordi-

17 nance substantially corresponding to that act, if the violation

18 occurred before the effective date of this amendatory act and the

19 violation would otherwise be designated a civil infraction upon

20 the effective date of this amendatory act.

21 Enacting section 2. This amendatory act takes effect April

22 1, 1998.

23 Enacting section 3. This amendatory act does not take

24 effect unless all of the following bills of the 89th Legislature

25 are enacted into law:

26 (a) Senate Bill No. ______ or House Bill No. ______ (request

27 no. 00685'97 **).

00685'97 b ***
51

1 (b) Senate Bill No. ______ or House Bill No. ______ (request

2 no. 00685'97 a **).

3 (c) Senate Bill No. ______ or House Bill No. ______ (request

4 no. 00685'97 c **).

5 (d) Senate Bill No. ______ or House Bill No. ______ (request

6 no. 00685'97 d **).

7 (e) Senate Bill No. ______ or House Bill No. ______ (request

8 no. 00685'97 e **).

9 (f) Senate Bill No. ______ or House Bill No. ______ (request

10 no. 00685'97 f **).

11 (g) Senate Bill No. ______ or House Bill No. ______ (request

12 no. 00685'97 g **).

13 (h) Senate Bill No. ______ or House Bill No. ______ (request

14 no. 00685'97 h **).

15 Enacting section 4. Section 80153 of the natural resources

16 and environmental protection act, 1994 PA 451, MCL 324.80153, is

17 repealed.

00685'97 b *** Final page. JJG