HB-4845, As Passed Senate, February 29, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4845

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 80101, 80141, and 80212 (MCL 324.80101,

 

324.80141, and 324.80212), section 80101 as amended by 2004 PA 547,

 

section 80141 as added by 1995 PA 58, and section 80212 as added by

 

2000 PA 229.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 80101. As used in this part:

 

     (a) "Airboat" means a motorboat that is propelled, wholly or

 

in part, by a propeller projecting above the water surface.

 

     (b) "Anchored rafts" means all types of nonpowered rafts used

 

for recreational purposes that are anchored seasonally on waters of

 


this state.

 

     (c) "Associated equipment" means any of the following that are

 

not radio equipment:

 

     (i) An original system, part, or component of a boat at the

 

time that boat was manufactured, or a similar part or component

 

manufactured or sold for replacement.

 

     (ii) Repair or improvement of an original or replacement

 

system, part, or component.

 

     (iii) An accessory or equipment for, or appurtenance to, a boat.

 

     (iv) A marine safety article, accessory, or equipment intended

 

for use by a person on board a boat.

 

     (d) "Boat" means a vessel.

 

     (e) "Boat livery" means a business that holds a vessel for

 

renting, leasing, or chartering.

 

     (f) "Boating safety certificate" means any of the following:

 

     (i) The document issued by the department under part 802 that

 

certifies that the individual named in the document has

 

successfully completed a boating safety course and passed an

 

examination approved and administered as required under section

 

80212.

 

     (ii) A document issued by the United States coast guard

 

auxiliary or United States power squadron that certifies that the

 

individual named in the document has successfully completed a

 

United States coast guard auxiliary course concerning boating

 

safety.

 

     (iii) A written rental agreement provided to an individual named

 

in the rental agreement entered into under section 44522 only on

 


the date or dates indicated on the rental agreement while the named

 

individual is operating a personal watercraft leased, hired, or

 

rented from a boat livery.

 

     (g) "Boating safety course" means a course that meets both of

 

the following requirements:

 

     (i) Provides instruction on the safe operation of a personal

 

watercraft that meets or exceeds the minimum course content for

 

boating or personal watercraft education established by the

 

national association of state boating law administrators education

 

committee (October 1996).

 

     (ii) Is approved by the department.

 

     (h) (f) "Controlled substance" means that term as defined in

 

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

 

     (i) (g) "Conviction" means a final conviction, the payment of

 

a fine, a plea of guilty or nolo contendere if accepted by the

 

court, a finding of guilt, or a probate court or family division

 

disposition on a violation of this part, regardless of whether the

 

penalty is rebated or suspended.

 

     Sec. 80141. (1) Except as otherwise provided in subsection

 

(4), this section, a person less than 12 years of age shall not

 

operate a motorboat on the waters of this state unless all of the

 

following conditions are met:

 

     (a) He or she has been issued and is in possession of a

 

boating safety certificate.

 

     (b) (a) He or she is under the direct supervision of a person

 

on board the motorboat who is 16 years of age or older.

 

     (c) (b) 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 subsection (4), 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 12 through 15 years of age operating a motorboat

 

pursuant to subsection (2)(b) 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.

 

     (5) Beginning July 1, 2012, a person who is born on or after

 

July 1, 1996 shall not operate a motorboat on the waters of this

 

state unless the person has been issued and is in possession of a

 

water safety certificate.

 

     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. The examination shall be

 

administered in person and proctored by the department or an agent

 

of the department.

 


House Bill No. 4845 as amended February 23, 2012

 

     (2) The department shall consider the number of examinations

 

that are administered or proctored 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.

<<Enacting section 1. This amendatory act takes effect November 1, 2012.>>