HOUSE BILL No. 6315

 

July 1, 2010, Introduced by Rep. Lipton 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 80156 (MCL 324.80156), as amended by 1996 PA

 

274.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 80156. (1) Subject to subsection (2), a person shall not

 

operate a motorboat on the waters of this state unless the

 

motorboat is equipped and maintained with an effective permanently

 

affixed muffler or underwater exhaust system that does not produce

 

sound levels in excess of 90 dB(A) when subjected to a stationary

 

sound level test as prescribed by SAE J2005 or a sound level in

 

excess of 75 dB(A) when subjected to a shoreline sound level

 

measurement procedure as described by SAE J1970. The operator of a

 

motorboat shall present the motorboat for a sound level test as


 

prescribed by SAE J2005 upon the request of a peace officer. If a

 

motorboat is equipped with more than 1 motor or engine, the test

 

shall be performed with all motors or engines operating. To

 

determine whether a person is violating this subsection, a peace

 

officer may measure sound levels pursuant to using procedures

 

prescribed in SAE J1970, issued 1991-92.

 

     (2) The department may by rule establish a motorboat sound

 

level test and set a maximum decibel level or levels permitted for

 

motorboat operation that replace the tests and maximum decibel

 

levels permitted under subsection (1). If a test and maximum

 

decibel level or levels are established pursuant to under this

 

subsection, all of the following apply:

 

     (a) A person shall not operate a motorboat on the waters of

 

this state if the motorboat produces sound levels that exceed the

 

maximum decibel level or levels established under this subsection.

 

     (b) The operator of a motorboat shall present the motorboat

 

for the sound level test established pursuant to under this

 

subsection upon the request of a peace officer.

 

     (c) A motorboat equipped with more than 1 motor or engine

 

shall be tested with all motors or engines operating.

 

     (3) A person shall not manufacture, sell, or offer for sale a

 

motorboat for use on the waters of this state unless that motorboat

 

is equipped and maintained with an effective permanently affixed

 

muffler or underwater exhaust system that complies with the

 

applicable sound levels permitted under subsection (1) or (2).

 

     (4) Subsections (1) and (2) do not apply to any of the

 

following:


 

     (a) A motorboat tuning up or testing for or participating in

 

official trials for speed records or a sanctioned race conducted

 

pursuant to under a permit issued by an appropriate unit of

 

government.

 

     (b) A motorboat being operated by a boat or marine engine

 

manufacturer for the purpose of testing or development.

 

     (c) A motorboat that qualifies as an historic vessel.

 

     (5) As used in this section, "dB(A)" means decibels on the "A"

 

scale on a sound meter having characteristics of a general purpose

 

sound meter as defined by American national standards institute

 

S1.4-1983.

 

     (6) A person who violates this section is guilty of

 

responsible for a misdemeanor, punishable by imprisonment for not

 

more than 90 days and a fine of state civil infraction and shall be

 

fined not less than $100.00 or more than $500.00. Additionally,

 

     (7) If a person has received a state civil infraction citation

 

for violating this section, the court shall waive the civil fine,

 

costs, and assessments upon receipt of certification by a law

 

enforcement agency that the motorboat was brought into compliance

 

with this section before the appearance date on the citation.

 

     (8) If a person is found responsible for violating this

 

section, the court shall order that, before putting the motorboat

 

back in use, a the person who violates this section is required to

 

shall install an effective permanently affixed muffler or

 

underwater exhaust system that meets the requirements of this

 

section on the motorboat in violation at his or her expense.