Bill Text: MI HB4846 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Watercraft; violations; vessel operated without required marine safety equipment; allow peace officer to issue citation to owner or operator, require observer when vessel is towing a person, and revise definition of passenger. Amends secs. 80104 & 80152 of 1994 PA 451 (MCL 324.80104 & 324.80152) & adds sec. 80143a.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-03-27 - Assigned Pa 58'12 With Immediate Effect [HB4846 Detail]
Download: Michigan-2011-HB4846-Engrossed.html
HB-4846, As Passed Senate, February 29, 2012
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4846
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 80104 and 80152 (MCL 324.80104 and 324.80152),
section 80104 as amended by 2004 PA 587 and section 80152 as
amended by 1999 PA 19, and by adding section 80143a.
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
established in section 2035.
Sec. 80143a. A person who operates a vessel, or the owner of a
vessel who operates or causes or permits the vessel to be operated,
on the waters of this state shall carry, store, maintain, and use
marine safety equipment onboard the vessel as required by the
department. A person who violates this section is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $100.00.
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 while towing or otherwise assisting a person on
water
skis
or on a water sled, aquaplane, surfboard, or other similar
contrivance
being towed unless a both of the following conditions
are met:
(a) 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.
(b) The person being towed is wearing the proper type I, type
II, or type III personal flotation device, as applicable. The
wearing of an inflatable personal flotation device does not satisfy
this requirement.
(2) A person who violates subsection (1) is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $100.00.
(3) A person shall not permit himself or herself to be towed
or otherwise assisted by a vessel on the waters of this state
unless he or she complies with the conditions listed in subsection
(1).
(4) A person who violates subsection (3) who is 16 years of
age or older is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $100.00.
(5) (2)
Subsection (1) does not apply to vessels used by duly
constituted
ski schools Subsections (1)
and (3) do not apply to any
of the following:
(a) A person who operates or who is towed by a vessel used by
a
ski school in the giving of
instructions or to vessels a
vessel
used in sanctioned ski tournaments, competitions, expositions, or
trials .
Vessels described in this subsection shall be if the
vessel is 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.
(b) (3)
This section does not apply to motorboats A person
being towed by a motorboat less than 16 feet in length that is
actually
operated by the person being towed and so if the vessel is
constructed
as to be incapable of carrying the operator in or on
the motorboat.
(c) (4)
Subsection (1) does not apply to a A
vessel operator
who
or the person being towed if
the vessel operator is towing a
person preparing for a specific water ski tournament and if all of
the following conditions are met:
(i) (a)
The vessel operator is certified as
provided in
subsection
(5).(6).
(ii) (b)
The person being towed is certified
as provided in
subsection
(6).(7).
(iii) (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.
(iv) (d)
The vessel is equipped with all of
the following:
(A) (i) A
center-mounted tow pylon.
(B) (ii) A
large clear rearview mirror capable of allowing the
vessel operator to distinguish hand signals at a distance of 75
feet.
(C) (iii) Markings
that identify the vessel as a vessel that is
being
operated in conformance with this subsection.subdivision.
(6) (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.
(7) (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.
(8) (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.
(9) (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).(7).
Enacting section 1. This amendatory act takes effect November
1, 2012.
