HOUSE BILL No. 5770

 

February 19, 2008, Introduced by Reps. Garfield, Meltzer, Sheltrown, Pearce, Nitz, Hoogendyk, Horn, Ball, Nofs, Bieda, Stahl, Rick Jones, Brandenburg, Pastor, Espinoza and Brown and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 80215 (MCL 324.80215), as added by 2000 PA 229.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 80215. (1) Except as provided in subsections (2) and (3),

 

a A person under the age of 14 16 shall not use operate a personal

 

watercraft on the waters of this state.

 

     (2) A person who is 12 or more and less than 14 years of age

 

before January 1, 1999 may use a personal watercraft on the waters

 

of this state if before January 1, 1999 he or she obtained a

 

boating safety certificate.

 

     (3) A person who is 12 or more and less than 14 years of age

 

may use a personal watercraft on the waters of this state if all of

 

the following circumstances exist:


 

     (a) The person is accompanied solely by the person's parent or

 

legal guardian.

 

     (b) Both the person and the parent or legal guardian have

 

obtained a boating safety certificate.

 

     (c) The personal watercraft is equipped by the manufacturer

 

with a lanyard-type engine cutoff switch, and the parent or legal

 

guardian has the lanyard attached to his or her person, clothing,

 

or personal flotation device.

 

     (d) The personal watercraft is designed to carry not less than

 

2 persons.

 

     (2) (4) A person who was born after December 31, 1978 shall

 

not operate a personal watercraft upon the waters of this state

 

unless he or she first obtains a boating safety certificate.

 

     (5) Not later than March 23, 2004, the graduated age

 

provisions of this section shall be reviewed by the appropriate

 

committee of both houses of the legislature to ascertain the

 

effect, if any, these provisions have had upon the safe operation

 

of personal watercraft upon the waters of this state.

 

     (3) (6) The owner of a personal watercraft or a person having

 

charge over or control of a personal watercraft shall not authorize

 

or knowingly permit the personal watercraft to be operated in

 

violation of this section.

 

     (4) (7) This section does not apply to a performer engaged in

 

a professional exhibition or a person preparing to participate or

 

participating in a regatta, race, marine parade, tournament, or

 

exhibition held in compliance with section 80164 under a permit

 

issued by the department and at the time and place specified in the


 

permit.