April 18, 2018, Introduced by Rep. Marino and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 44522, 80141, 80212, 80213, and 80221 (MCL
324.44522, 324.80141, 324.80212, 324.80213, and 324.80221), section
44522 as amended by 2012 PA 294, sections 80141 and 80212 as
amended by 2012 PA 120, and sections 80213 and 80221 as added by
2000 PA 229; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 44522. (1) A boat livery shall not rent a personal
watercraft to any of the following:
(a) A person who is under 14 years of age.
(b) A person who does not display to the boat livery owner or
the owner's agent, if it is required under part 802, a boating
safety certificate that is issued by the United States Coast Guard
Auxiliary,
a boater boating safety
certificate that is issued by
the
department, if required under part 802.
(c)
A person who is not required to obtain a boater safety
certificate
issued by the department under part 802 before
operating
a personal watercraft, or an
electronic copy of a boating
safety certificate that is issued by the department, unless the
person
individual obtains training in the safe use of a personal
watercraft from the boat livery before the personal watercraft is
rented. The department shall provide to boat liveries guidelines
for the training required under this subdivision.
(2) A person who rents a personal watercraft from a boat
livery shall not permit an individual to operate the personal
watercraft if the individual has not obtained a boating safety
certificate as required under part 802.
(3) A boat livery shall provide a copy of the written rental
agreement to each individual who rents a personal watercraft from
the boat livery and who has obtained the training required under
subsection (1). The written rental agreement shall include all of
the following information:
(a) The name of the person who rents a personal watercraft
from the boat livery.
(b) The date or dates of the rental.
(4) The written rental agreement described under subsection
(3) is a valid boating safety certificate under part 802 only for
the person named in the certificate on the date or dates of the
rental of the personal watercraft.
(5) A person who rents a personal watercraft from a boat
livery
is liable for any injury occasioned by resulting from the
negligent operation of the personal watercraft, whether the
negligence consists of a violation of the statutes of this state,
or the failure to observe the ordinary care in operation required
by
the common law. The If the
personal watercraft is operated by an
individual other than the person who rents the personal watercraft,
the person who rents the personal watercraft is not liable under
this
subsection unless the personal
watercraft is being used
operated
with his or her expressed or implied
consent. It shall be
is rebuttably presumed that the personal watercraft is being
operated
with the knowledge and consent of the person if it is
driven
at the time of the injury operated
by his or her son,
daughter, spouse, father, mother, brother, sister, or other
immediate member of the person's family.
(6) A person who violates subsection (1) or (2) is guilty of a
misdemeanor, punishable by imprisonment for not more than 90 days
or a fine of not less than $100.00 or more than $500.00, or both. A
person who violates subsection (1) or (2) twice within a 3-year
period is guilty of a misdemeanor punishable by imprisonment for
not more than 90 days or a fine of not more than $1,000.00, or
both. A person who violates subsection (1) or (2) 3 or more times
within a 5-year period is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than
$2,000.00, or both.
(7) In addition to any penalty imposed under subsection (6),
upon a person's second or subsequent violation of subsection (1),
the court may issue an order impounding the personal watercraft
that was rented in violation of subsection (1) for not more than 1
year. The cost of storage for an impoundment ordered under this
subsection shall be paid by the owner of the personal watercraft.
Sec.
80141. (1) Except as otherwise provided in this section,
In addition to the requirements of subsection (2), a person less
than 12 years of age shall not operate a motorboat that is powered
by a motor or motors totaling more than 6 horsepower on the waters
of
this state unless all both
of the following conditions
requirements are met:
(a)
He or she has been issued and is in possession of a
boating
safety certificate.
(a) (b)
He or she is under the direct
supervision of a person
on board the motorboat who is 16 years of age or older.
(b) (c)
The motorboat he or she operates
is powered by a motor
or motors totaling no more than 35 horsepower.
(2)
Except as otherwise provided in this section, a person 12
through
15 years of age may operate a motorboat on the waters of
this
state only if that person complies with either of the
following:
(a)
He or she is accompanied by at least 1 person 16 years of
age
or older.
(b)
He or she is in possession of a boating safety certificate
issued
after he or she has satisfactorily completed a department
approved
course in boating safety.
(3)
A person operating a motorboat as described in this
section
shall present the boating safety certificate issued to him
or
her upon the demand of any peace officer.
(4)
This section does not apply to the operation of a
motorboat
that is powered by a motor or motors totaling no more
than
6 horsepower.
(2) (5)
Beginning July 1, 2012, a person who is Subject to
subsection (4), a person born on or after July 1, 1996 shall not
operate a motorboat that is powered by a motor or motors totaling
more than 6 horsepower on the waters of this state unless the
person
has been issued and is in possession of a boating safety
certificate.
(3) A person operating a motorboat as described in this
section shall present the boating safety certificate issued to him
or her or, at the person's option, an electronic copy of a boating
safety certificate issued by the department to him or her, upon the
demand of a peace officer who identifies himself or herself as a
peace officer.
(4) An individual who, under subsection (3), displays an
electronic copy of his or her boating safety certificate issued by
the department using an electronic device is not presumed to have
consented to a search of the electronic device. This state, an
employee of this state, a peace officer, or an entity employing the
peace officer is not liable for damage to or loss of an electronic
device that occurs as a result of the peace officer's viewing an
electronic copy of a boating safety certificate as provided in this
section, regardless of whether the peace officer was in possession
of the electronic device at the time the damage or loss occurred.
Sec. 80212. (1) The department shall issue a boating safety
certificate to each individual who successfully completes a boating
safety course as described in section 80211 and passes an
examination prescribed by the department.
(2) The department shall consider the number of examinations
that are administered under this section when calculating the state
aid to counties under section 80117.
(3) The department shall not issue a boating safety
certificate to an individual unless the individual has successfully
completed a boating safety course and passed an examination as
described in subsection (1). A boating safety certificate issued
under this section is valid, unless revoked, for the life of the
person who earned the certificate.
(4) An operator or chauffeur or the holder of an official
state personal identification card may indicate on the license or
the card in a place designated by the secretary of state that he or
she has been issued a boating safety certificate. The secretary of
state shall develop and shall, in conjunction with the department
of natural resources and the department of state police, implement
a process using the L.E.I.N., or any other appropriate system that
limits access to law enforcement, to allow law enforcement agencies
of this state to verify that an individual has obtained a boating
safety certificate. The secretary of state shall also develop and
maintain a database of all individuals who choose to indicate on
their license or official state personal identification card that
they have received a boating safety certificate, and shall provide
the department with access to that database. This subsection
applies to an individual whose operator's license contains a
graduated licensing designation.
(5) As used in this section:
(a) "Chauffeur" means a person to whom a chauffeur's license
has been issued under section 310 of the Michigan vehicle code,
1949 PA 300, MCL 257.310.
(b) "L.E.I.N." means the law enforcement information network
regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL
28.211 to 28.215.
(c) "License" means that term as defined in section 25 of the
Michigan vehicle code, 1949 PA 300, MCL 257.25.
(d) "Official state personal identification card" means an
official state personal identification card as provided for under
1972 PA 222, MCL 28.291 to 28.300.
(e) "Operator" means a person to whom an operator's license
has been issued under section 310 of the Michigan vehicle code,
1949 PA 300, MCL 257.310.
Sec. 80213. (1) An individual who is required to complete a
boating safety course under this part and who operates a personal
watercraft on the waters of this state shall display his or her
boating safety certificate or, at the individual's option, an
electronic copy of the boating safety certificate if issued by the
department upon the demand of a peace officer who identifies
himself or herself as a peace officer. Not later than March 31,
2019, the department shall develop the means to allow an individual
to display an electronic copy of his or her boating safety
certificate issued by the department.
(2)
A person shall display only his or her own boating safety
certificate
upon the demand of a peace officer under subsection
(1).
(3)
A person shall not display a fraudulent boating safety
certificate
to a peace officer under subsection (1).
(2) (4)
A peace officer shall not stop a personal
watercraft
solely for the purpose of determining whether the operator has in
his
or her possession a either
of the following:
(a) A boating safety certificate.
(b) An electronic copy of a boating safety certificate issued
by the department.
(3) An individual who, under subsection (1), displays an
electronic copy of his or her boating safety certificate issued by
the department using an electronic device is not presumed to have
consented to a search of the electronic device. This state, an
employee of this state, a peace officer, or an entity employing the
peace officer is not liable for damage to or loss of an electronic
device that occurs as a result of the peace officer's viewing an
electronic copy of a boating safety certificate under subsection
(1), regardless of whether the peace officer was in possession of
the electronic device at the time the damage or loss occurred.
Sec. 80221. Peace officers shall enforce this part. If a
person has received a citation for a violation of a certification
requirement
prescribed in section 80210, 80213 , or 80215, the
court shall waive any fine and costs upon receipt, not more than 10
days after the citation is issued, of proof of certification by a
law enforcement agency that the person, before the appearance date
on the citation, produced a valid boating safety certificate, or
other
certification described in section 80216, as applicable, an
electronic copy thereof, that was valid on the date the violation
occurred.
Enacting section 1. Section 80210 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.80210, is
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.