HOUSE BILL No. 6316

 

July 1, 2010, Introduced by Rep. Slavens 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 80104 (MCL 324.80104), as amended by 2004 PA

 

587.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 80104. As used in this part:

 

     (a) "Highly restricted personal information" means an

 

individual's photograph or image, social security number, digitized

 

signature, and medical and disability information.

 

     (b) "Passenger" means a person carried on board, attached to,

 

or towed by a vessel, other than any of the following:

 

     (i) The owner or his or her representative.

 

     (ii) The the operator.

 

     (c) "Peace officer" means any of the following:

 


     (i) A sheriff.

 

     (ii) A sheriff's deputy.

 

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

 

part and who has satisfactorily completed at least 40 hours of law

 

enforcement training, including training specific to this part.

 

     (iv) A village or township marshal.

 

     (v) An officer of the police department of any municipality.

 

     (vi) An officer of the Michigan state police.

 

     (vii) The director and conservation officers employed by the

 

department.

 

     (d) "Personal information" means information that identifies

 

an individual, including an individual's driver identification

 

number, name, address not including zip code, and telephone number,

 

but does not include information on watercraft operation and

 

equipment-related violations or civil infractions, operator or

 

vehicle registration status, accidents, or other behaviorally-

 

related information.

 

     (e) "Personal watercraft" means a vessel that meets all of the

 

following requirements:

 

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

 

engine powering a water jet pump as its primary source of

 

propulsion.

 

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

 

retain water.

 

     (iii) Is designed to be operated by 1 or more persons positioned

 

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

 

     (f) "Political subdivision" means any county, metropolitan

 


authority, municipality, or combination of those entities in this

 

state. Whenever If a body of water is located in more than 1

 

political subdivision, all of the subdivisions shall act

 

individually in order to comply with this part, except that if the

 

problem is confined to a specific area of the body of water, only

 

the political subdivision in which the problem waters lie shall

 

act.

 

     (g) "Port" means left, and reference is to the port side of a

 

vessel or to the left side of the vessel.

 

     (h) "Probate court or family division disposition" means the

 

entry of a probate court order of disposition or family division

 

order of disposition for a child found to be within the provisions

 

of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

712A.1 to 712A.32.

 

     (i) "Prosecuting attorney", except as the context requires

 

otherwise, means the attorney general, the prosecuting attorney of

 

a county, or the attorney representing a political subdivision of

 

government.

 

     (j) "Regatta", "boat race", "marine parade", "tournament", or

 

"exhibition" means an organized water event of limited duration

 

that is conducted according to a prearranged schedule.

 

     (k) "Slow—no wake speed" means a very slow speed whereby the

 

wake or wash created by the vessel would be minimal.

 

     (l) "Starboard" means right, and reference is to the starboard

 

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

 

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

 

for the conduct of a marine safety program.

 


     (n) "Undocumented vessel" means a vessel that does not have,

 

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

 

United States coast guard or federal agency successor to the United

 

States coast guard.

 

     (o) "Uniform inspection decal" means an adhesive-backed

 

sticker created by the department that is color-coded to indicate

 

the year that it expires and is attached to a vessel in the manner

 

prescribed for decals in section 80122 when a peace officer

 

inspects and determines that the vessel complies with this part.

 

     (p) "Use" means operate, navigate, or employ.

 

     (q) "Vessel" means every description of watercraft used or

 

capable of being used as a means of transportation on water.

 

     (r) "Waters of this state" means any waters within the

 

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

 

Great Lakes that are under the jurisdiction of this state.

 

     (s) "Waterways account" means the waterways account of the

 

Michigan conservation and recreation legacy fund provided for in

 

section 2035.