HOUSE BILL No. 5164

 

November 10, 2011, Introduced by Reps. Pettalia, Bumstead, Hughes, Lyons, Foster, Johnson, Damrow, Huuki, Genetski, Rendon, Potvin, Heise, Poleski, Haugh and Franz and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

 

      A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 44514, 44516, 44517, 44518, 44520a, and

 

80124 (MCL 324.44514, 324.44516, 324.44517, 324.44518,

 

324.44520a, and 324.80124), sections 44514 and 44516 as added by

 

1995 PA 57, section 44517 as amended by 2004 PA 325, section

 

44518 as amended by 2004 PA 587, section 44520a as added by 2006

 

PA 183, and section 80124 as amended by 2007 PA 8, and by adding

 

section 44515a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 44514. (1) A person shall not operate a boat livery

 

 2  within this state unless the livery boats and equipment of the

 

 3  boat livery are inspected and a permit to operate a boat livery

 

 4  is issued pursuant to under this part.

 


 1        (2) A livery boat and its equipment shall be inspected once

 

 2  annually. However, a livery boat that is a nonmotorized canoe,

 

 3  kayak, or raft and any equipment used with the livery boat shall

 

 4  be inspected once every 3 years.

 

 5        Sec. 44515a. If a livery boat is a nonmotorized canoe,

 

 6  kayak, or raft, the livery boat shall display the maximum number

 

 7  of persons and maximum weight permitted to be carried aboard the

 

 8  livery boat. The information may be displayed on a manufacturer's

 

 9  decal, plate, or tab or by other means.

 

10        Sec. 44516. The In accordance with the requirements of

 

11  section 44514(2), the owner of a boat livery shall make an

 

12  application apply to the sheriff of the county in which the

 

13  livery is located for inspection of its livery boats and

 

14  equipment. The application shall be made on a form provided by

 

15  the department and shall include:

 

16        (a) The boat livery name.

 

17        (b) The mailing address of the boat livery.

 

18        (c) The location of the boat livery.

 

19        (d) The waters of the state on which the boat livery rents

 

20  vessels.

 

21        (e) The number and types of livery boats available for rent.

 

22        Sec. 44517. (1) Any The owner of a livery boat, other than a

 

23  class E vessel, that is more than 20 feet in length, except for a

 

24  class E vessel that is a livery boat, that and is used or to be

 

25  used on navigable waters without the owner being either on board

 

26  or operating the vessel shall pay the inspection fees fee

 

27  established pursuant to under section 44511 for each such livery

 


 1  boat to be inspected. Fees collected pursuant to under this

 

 2  section shall be forwarded to the department. The department

 

 3  shall utilize the fees to develop and maintain the education and

 

 4  enforcement program provided for in section 44513(2).

 

 5        (2) Upon receipt of the required fee and an application for

 

 6  an inspection and a permit, the department shall inspect, or

 

 7  provide for inspection of by the county sheriff or sheriff's

 

 8  deputy to inspect, all livery boats and their livery boat

 

 9  equipment of the boat livery, subject to section 44514(2). Upon

 

10  completion of the inspection, the department, county sheriff, or

 

11  the sheriff's deputy shall, pursuant to part 13, approve the

 

12  issuance of a permit to operate a boat livery, provided if the

 

13  requirements of this part within the scope of the inspection are

 

14  met. A permit furnished by the department shall be prominently

 

15  displayed on the site of the boat livery. and shall expire The

 

16  permit expires on December May 31 of each the year following the

 

17  year in which a the permit is issued. However, if all the livery

 

18  boats are nonmotorized canoes, kayaks, or rafts, the permit

 

19  expires on May 31 of the third year following the year in which

 

20  the permit is issued.

 

21        Sec. 44518. (1) An inspecting officer , designated by the

 

22  department , shall affix or cause to be affixed an inspection

 

23  plate, decal, or tab to each and every inspected livery boat,

 

24  other than a nonmotorized canoe, kayak, or raft, that meets the

 

25  minimum safety standards established under rules promulgated

 

26  under this part. an inspection decal, plate, or tab furnished by

 

27  the department which bears The inspection decal, plate, or tab

 


 1  shall bear all of the following information:

 

 2        (a) The maximum number of persons permitted to be carried

 

 3  aboard the vessel.

 

 4        (b) The maximum horsepower of a motor permitted to be used

 

 5  on the vessel.

 

 6        (c) Other information as the department may reasonably

 

 7  require.

 

 8        (2) Each A boat livery owner shall pay a fee of $2.00 to the

 

 9  inspecting officer a fee of $2.00 for each of the following:

 

10        (a) Each decal, plate, or tab affixed to the a livery boats

 

11  boat under subsection (1).

 

12        (b) Each nonmotorized canoe, kayak, or raft inspected.

 

13        (3) The inspecting officer shall forward all fees collected

 

14  under this subsection (2) to the treasurer of the county in which

 

15  the fee is collected to be credited for the purpose of

 

16  reimbursing the sheriff's department for expenses incurred

 

17  pursuant to under this part. If the inspecting officer is a

 

18  conservation officer, fees collected under this section shall be

 

19  forwarded to the department of treasury to be credited to the

 

20  waterways account.

 

21        Sec. 44520a. (1) An owner of a nonmotorized livery boat is

 

22  not liable for an injury to or the death of a user of the

 

23  nonmotorized livery boat resulting from a risk inherent in the

 

24  use or operation of a nonmotorized livery boat.

 

25        (2) An owner of a nonmotorized livery boat shall post in

 

26  conspicuous locations a notice specifying that a user of the

 

27  nonmotorized livery boat accepts the risk inherent in the use or

 


 1  operation of a nonmotorized livery boat.

 

 2        (3) As used in this section:

 

 3        (a) "Owner of a nonmotorized livery boat" means the person

 

 4  who owns the nonmotorized livery boat, the boat livery that

 

 5  rents, leases, or furnishes the nonmotorized livery boat for use,

 

 6  or an employee or agent of the owner or boat livery.

 

 7        (b) "Risk inherent in the use or operation of a nonmotorized

 

 8  livery boat" means a danger or condition that is an integral part

 

 9  of the use or operation of a nonmotorized livery boat that and is

 

10  limited to 1 or more of the following:

 

11        (i) Wave or other water motion.

 

12        (ii) Weather conditions.

 

13        (iii) Contact or maneuvers necessary to avoid contact with

 

14  another vessel or a manmade object in or near the water.

 

15        (iv) Contact or maneuvers necessary to avoid contact with

 

16  rock, sand, vegetation, or other natural objects in or near the

 

17  water.

 

18        (v) Malfunction of equipment, except for equipment owned by

 

19  the owner of a nonmotorized livery boat.

 

20        (vi) Failure to use or wear a personal flotation device or to

 

21  have lifesaving equipment available, except if the owner of a

 

22  nonmotorized livery boat failed to provide the personal flotation

 

23  device or lifesaving equipment when required by law or regulation

 

24  to do so.

 

25        (vii) The actions of a vessel operator, except if the owner

 

26  of a nonmotorized livery boat leased or rented the livery boat to

 

27  an operator who the owner knew or in the exercise of reasonable

 


 1  care should have known was disqualified by law or regulation from

 

 2  operating the livery boat.

 

 3        (viii) Having a number of persons in excess of the maximum

 

 4  number approved for the livery boat on board, except if the owner

 

 5  of a nonmotorized livery boat knowingly allowed the livery boat

 

 6  to leave the boat livery's premises with a number of persons in

 

 7  excess of the maximum weight or number approved for the livery

 

 8  boat on board or did not properly inform the user of the maximum

 

 9  weight or number of persons approved for the livery boat.

 

10        (c) "User of the nonmotorized livery boat" means a person

 

11  who participates in the use or operation of the nonmotorized

 

12  livery boat regardless of whether the person rented or leased the

 

13  nonmotorized livery boat.

 

14        Sec. 80124. (1) Except as otherwise provided in this

 

15  section, the owner of a vessel required, pursuant to sections

 

16  80122 and 80123, to be numbered and to display a decal shall file

 

17  an application for a certificate of number with the secretary of

 

18  state. The secretary of state shall prescribe and furnish

 

19  certificate of title application forms. If a vessel requiring a

 

20  certificate of title under part 803 is sold by a dealer, that

 

21  dealer shall combine the application for a certificate of number

 

22  that is signed by the vessel owner with the application for a

 

23  certificate of title. The dealer shall obtain the certificate of

 

24  number in the name of the owner. The owner of the vessel shall

 

25  sign the application. A person shall not file an application for

 

26  a certificate of number that contains false information. A dealer

 

27  who fails to submit an application as required by this section is

 


 1  guilty of a misdemeanor, punishable by imprisonment for not more

 

 2  than 90 days, or a fine of not more than $100.00, or both.

 

 3        (2) A dealer who submits an application for a certificate of

 

 4  number as provided in subsection (1) may issue to the owner of

 

 5  the vessel a 15-day temporary permit, on forms prescribed by the

 

 6  secretary of state, for the use of the vessel while the

 

 7  certificate of number is being issued.

 

 8        (3) A dealer may issue a 15-day permit, on a form prescribed

 

 9  by the secretary of state, for the use of a vessel purchased in

 

10  this state and delivered to the purchaser for removal to a place

 

11  outside of this state, if the purchaser certifies by his or her

 

12  signature that the vessel will be registered and primarily used

 

13  and stored outside of this state and will not be returned to this

 

14  state by the purchaser for use or storage. A certificate of

 

15  number shall not be issued for a vessel holding a permit under

 

16  this subsection.

 

17        (4) A 15-day temporary permit issued under subsection (2) or

 

18  (3) shall not be renewed or extended.

 

19        (5) A person shall operate or permit the operation of a

 

20  vessel for which a 15-day temporary permit has been issued under

 

21  this section only if the temporary permit is valid and displayed

 

22  on the vessel as prescribed by rule promulgated by the department

 

23  under this part.

 

24        (6) Except as otherwise provided in this section, an

 

25  applicant shall pay the following fee at the time of application:

 

 

26      (a) A 15-day temporary permit issued under


subsection (3)........................................ $    10.00

     (b) Nonpowered vessels, other than nonmotorized

canoes or kayaks , except as provided in section 80123.      9.00

     (c) Nonmotorized canoes or kayaks except as

provided in section 80123..............................      5.00

                                                             6.00

     (d) Motorboats less than 12 feet in length........     14.00

     (e) Motorboats 12 feet or over but less than

16 feet in length......................................     17.00

10      (f) Motorboats 16 feet or over but less than

11 21 feet in length......................................     42.00

12      (g) Motorboats 21 feet or over but less than

13 28 feet in length......................................    115.00

14      (h) Motorboats 28 feet or over but less than

15 35 feet in length......................................    168.00

16      (i) Motorboats 35 feet or over but less than

17 42 feet in length......................................    244.00

18      (j) Motorboats 42 feet or over but less than

19 50 feet in length......................................    280.00

20      (k) Motorboats 50 feet in length or over..........    448.00

21      (l) Pontoon vessels regardless of size............     23.00

22      (m) Motorized canoes regardless of size...........     14.00

23      (n) Vessels licensed under part 473...............     15.00

24      (o) Vessels carrying passengers for hire that

25 are in compliance with part 445, or under federal law;

26 and vessels carrying passengers and freight or freight

27 only and owned within this state or hailing from a

28 port within this state.................................     45.00

 

 

29        (7) As used in this section, "the length of a vessel" means

 

30  the distance from end to end over the deck, excluding the

 


 1  longitudinal upward or downward curve of the deck, fore and aft.

 

 2  A pontoon boat shall be measured by the length of its deck, fore

 

 3  and aft.

 

 4        (8) Payment of the fee specified in this section exempts the

 

 5  vessel from the tax imposed under the general property tax act,

 

 6  1893 PA 206, MCL 211.1 to 211.155.

 

 7        (9) Upon receipt of an initial application for a certificate

 

 8  of number in approved form and payment of the required fee, the

 

 9  secretary of state shall enter the information upon the official

 

10  records and issue to the applicant a certificate of number

 

11  containing the number awarded to the vessel, the name and address

 

12  of the owner, and other information that the secretary of state

 

13  determines necessary. The secretary of state shall issue a

 

14  certificate of number that is pocket size and legible. Except as

 

15  provided in subsection (13), a person operating a vessel shall

 

16  present that vessel's certificate of number to a peace officer

 

17  upon the peace officer's request.

 

18        (10) If a check or draft payable to the secretary of state

 

19  under this part is not paid on its first presentation, the fee or

 

20  tax is delinquent as of the date the draft or check was tendered.

 

21  The person tendering the check or draft remains liable for the

 

22  payment of each fee or tax and a penalty.

 

23        (11) Upon determining that a fee or tax required by this

 

24  part has not been paid and remains unpaid after reasonable notice

 

25  and demand, the secretary of state may suspend a certificate of

 

26  number.

 

27        (12) If a person who tenders a check or draft described in

 


 1  subsection (10) fails to pay a the fee or tax for which the check

 

 2  or draft was tendered within 15 days after the secretary of state

 

 3  gives him or her notice that the check or draft described in

 

 4  subsection (10) was not paid on its first presentation, the

 

 5  secretary of state shall assess and collect a penalty of $5.00 or

 

 6  20% of the check or draft, whichever is larger, in addition to

 

 7  the fee or tax.

 

 8        (13) The owner or authorized agent of the owner of a vessel

 

 9  less than 26 feet in length that is leased or rented to a person

 

10  for noncommercial use for not more than 24 hours may retain, at

 

11  the place from which the vessel departs or returns to the

 

12  possession of the owner or the owner's representative, the

 

13  certificate of number for that vessel if a copy of the lease or

 

14  rental agreement is on the vessel. Upon the demand of a peace

 

15  officer, the operator shall produce for inspection either the

 

16  certificate of number or a copy of the lease or rental agreement

 

17  for that vessel. The lease or rental agreement shall contain each

 

18  of the following:

 

19        (a) The vessel number that appears on the certificate of

 

20  number.

 

21        (b) The period of time for which the vessel is leased or

 

22  rented.

 

23        (c) The signature of the vessel's owner or that person's

 

24  authorized agent.

 

25        (d) The signature of the person leasing or renting the

 

26  vessel.

 

27        (14) Upon receipt of a certificate of number for a vessel,

 


 1  the owner of that vessel shall paint on or attach in a permanent

 

 2  manner to each side of the forward half of the vessel the number

 

 3  identified in the certificate of number, in the manner prescribed

 

 4  by rules promulgated by the department. The secretary of state

 

 5  shall assign to the owner of vessels for rent or lease a block of

 

 6  numbers sufficient to number consecutively all of that owner's

 

 7  rental or lease vessels. The owner shall maintain the numbers in

 

 8  a legible condition. A vessel documented by the United States

 

 9  coast guard or a federal agency that is the successor to the

 

10  United States coast guard is not required to display numbers

 

11  under this part but shall display a decal indicating payment of

 

12  the fee prescribed in subsection (6), and shall otherwise be in

 

13  compliance with this part. This subsection does not apply to a

 

14  nonpowered vessel 12 feet or less in length.

 

15        (15) Upon receipt of an application for a certificate of

 

16  number in an approved form and payment of the fee required by

 

17  this part, the secretary of state shall issue a decal. that is

 

18  Subject to subsection (16), the decal shall be color-coded and

 

19  dated to identify the year of its expiration , and that indicates

 

20  indicate that the vessel is numbered in compliance with this

 

21  part. The department shall promulgate a rule or rules to

 

22  establish the manner in which the decal is to be displayed. A

 

23  person who operates a vessel in violation of a rule promulgated

 

24  to implement this subsection is responsible for a state civil

 

25  infraction and may be ordered to pay a civil fine of not more

 

26  than $500.00.

 

27        (16) A decal is valid for a 3-year period that begins on

 


 1  April 1 and expires on March 31 of the third year. An original

 

 2  certificate of number may be issued up to 90 days before April 1.

 

 3  A numbering renewal decal or other renewal device may be issued

 

 4  up to 90 days before the expiration of a certificate. However, a

 

 5  decal for a nonmotorized canoe or kayak used for rental or other

 

 6  commercial purposes is valid upon issuance and does not expire.

 

 7  An original certificate of number for such a vessel may be issued

 

 8  at any time.

 

 9        (17) Upon receipt of a request for renewal of a decal and

 

10  payment of the fee prescribed in subsection (6), the secretary of

 

11  state shall issue to the applicant a decal as provided in

 

12  subsection (15). A person who operates a vessel for which no

 

13  decal was issued as required under this section or for which a

 

14  decal has expired is responsible for a state civil infraction and

 

15  may be ordered to pay a civil fine of not more than $500.00.

 

16        (18) The numbering system adopted under this part shall be

 

17  in accordance with the standard system of numbering established

 

18  by the secretary of the department in which the United States

 

19  coast guard operates.

 

20        (19) An agency of this state, a political subdivision of

 

21  this state, or a state supported college or university of this

 

22  state that owns a vessel that is required to be numbered under

 

23  this part shall register that vessel and upon payment of either

 

24  of the following shall receive from the secretary of state a

 

25  certificate of number for that vessel:

 

26        (a) A fee of $3.00 for a vessel that is not used for

 

27  recreational, commercial, or rental purposes.

 


 1        (b) The fee required under subsection (6) for a vessel that

 

 2  is used for recreational, commercial, or rental purposes.

 

 3        (20) The secretary of state shall, upon receipt of payment

 

 4  of the fee required under subsection (19), issue a certificate of

 

 5  number for each a vessel subject to subsection (19).

 

 6        (21) A vessel that is 30 years of age or older and not used

 

 7  other than in club activities, exhibitions, tours, parades, and

 

 8  other similar activities is a historic vessel. The secretary of

 

 9  state shall make available to the public application forms for

 

10  certificates of number for historic vessels and, upon receipt of

 

11  a completed application form and fee, shall number a historic

 

12  vessel as a historic vessel. The fee for the numbering of a

 

13  historic vessel is 1/3 of the otherwise applicable fee specified

 

14  in subsection (6).

 

15        (22) Upon application to the secretary of state, the owner

 

16  of a nonmotorized canoe or kayak who registered that vessel under

 

17  former 1967 PA 303 between January 1, 1989 and April 17, 1990

 

18  shall receive a refund of a portion of the registration fee equal

 

19  to the difference in the amount that owner paid and the fee

 

20  amount provided in subsection (6)(c).

 

21        (22) (23) The secretary of state shall refund to the owner

 

22  of a vessel registered under this part or former 1967 PA 303 all

 

23  of the registration fee paid for that vessel under this section

 

24  or section 33 of former 1967 PA 303 if all of the following

 

25  conditions are met during the period for which the registration

 

26  fee was paid:

 

27        (a) The owner transfers or assigns title or interest in the

 


 1  registered vessel before placing the decal issued under

 

 2  subsection (15) on the vessel.

 

 3        (b) The owner surrenders the unused decal to the secretary

 

 4  of state within 30 days after the date of transfer or assignment.

 

 5        (23) (24) The secretary of state shall refund to the

 

 6  surviving spouse of a deceased vessel owner the registration fee

 

 7  paid under this part, prorated on a monthly basis, upon receipt

 

 8  of the decal issued under subsection (15) or evidence

 

 9  satisfactory to the secretary of state that the decal issued

 

10  under subsection (15) has been destroyed or voided.

 

11        (24) (25) If the secretary of state computes a fee under

 

12  this part that results in a figure other than a whole dollar

 

13  amount, the secretary of state shall round the figure to the

 

14  nearest whole dollar.