HB-4845, As Passed Senate, February 29, 2012
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
(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
(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
(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.
means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
"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.
80141. (1) Except as otherwise provided in
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.
(a) He or she is under the direct supervision of a
on board the motorboat who is 16 years of age or older.
The motorboat he or she operates is
powered by a motor
or motors totaling no more than 35 horsepower.
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.
12 through 15 years of age operating a motorboat
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
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.>>