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.