October 16, 2007, Introduced by Reps. Nitz, Meekhof and Agema and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 80152 (MCL 324.80152), as amended by 1999 PA
19.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80152. (1) Except as otherwise provided in this section,
a person shall not operate a vessel on the waters of this state if
he or she is towing or otherwise assisting a person on water skis
or on a water sled, aquaplane, surfboard, or other similar
contrivance unless a person capable of communicating to the vessel
operator the condition and needs of the person being towed or
assisted is on board the vessel and positioned to observe the
person being towed or assisted.
(2)
Subsection (1) does not apply to vessels used by duly
constituted
ski schools in the giving of instructions or to vessels
used
in sanctioned ski tournaments, competitions, expositions, or
trials.
Vessels described in this subsection shall be any of the
following vessels if equipped with a 170-degree wide-angle rearview
mirror affixed in a manner that will permit the operator to observe
the
progress of the person being towed:
.
(a) A vessel used by a ski school for giving instruction.
(b) A vessel used in a sanctioned ski tournament, competition,
exposition, or trial.
(c) A personal watercraft.
(3) This section does not apply to motorboats less than 16
feet in length actually operated by the person being towed and so
constructed as to be incapable of carrying the operator in or on
the motorboat.
(4) Subsection (1) does not apply to a vessel operator who is
towing a person preparing for a specific water ski tournament if
all of the following conditions are met:
(a) The vessel operator is certified as provided in subsection
(5).
(b) The person being towed is certified as provided in
subsection (6).
(c) Towing is conducted so that, on average, not more than 1
vessel approaches within 300 feet of the towing vessel during any
5-minute period.
(d) The vessel is equipped with all of the following:
(i) A center-mounted tow pylon.
(ii) A large clear rearview mirror capable of allowing the
vessel operator to distinguish hand signals at a distance of 75
feet.
(iii) Markings that identify the vessel as a vessel that is
being operated in conformance with this subsection.
(5) The department shall adopt standards for water ski
tournament boat operation established by U.S.A. water ski in
"Trained Boat Driver Program", April 1997, and by the American
water ski association in "Drivers' Policy Manual". However, the
department may promulgate rules providing for alternative standards
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328. The department shall certify each individual who
satisfies the standards described in this subsection as a
tournament water ski vessel operator and issue proof of that
certification to the individual.
(6) The department shall adopt standards for tournament water
skiers established by the Michigan water ski association in
"Guidelines for Training Permit Eligibility", proposed revision 125
of 1996. However, the department may promulgate rules providing for
alternative standards under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328. The department shall
certify each individual who satisfies the standards described in
this subsection as a tournament water skier and issue proof of that
certification to the individual.
(7) The Michigan water ski association shall provide annually
to the department and the Michigan sheriffs association both of the
following:
(a) A list of the individuals whom the organization considers
qualified for tournament water skiing.
(b) The names of not more than 3 bodies of water on which each
of those individuals may be authorized to practice for tournament
water skiing.
(8) The department shall specify the body or bodies of water
upon which a water skier may practice upon each certificate issued
under subsection (6).