HB-5164, As Passed Senate, June 13, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 5164
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 1301, 2035, 44501, 44511, 44516, 44518,
44520, 44520a, and 44524 (MCL 324.1301, 324.2035, 324.44501,
324.44511, 324.44516, 324.44518, 324.44520, 324.44520a, and
324.44524), section 1301 as amended by 2011 PA 218, section 2035
as added and sections 44501, 44511, and 44518 as amended by 2004
PA 587, sections 44516, 44520, and 44524 as added by 1995 PA 57,
and section 44520a as added by 2006 PA 183, and by adding section
44522a; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1301. As used in this part:
2 (a) "Application period" means the period beginning when an
1 application for a permit is received by the state and ending when
2 the application is considered to be administratively complete
3 under section 1305 and any applicable fee has been paid.
4 (b) "Department" means the department, agency, or officer
5 authorized by this act to approve or deny an application for a
6 particular permit.
7 (c) "Director" means the director of the state department
8 authorized under this act to approve or deny an application for a
9 particular permit or the director's designee.
10 (d) "Permit" means a permit or operating license required by
11 any of the following sections or by rules promulgated thereunder,
12 or, in the case of section 9112, by an ordinance adopted
13 thereunder:
14 (i) Section 3104, floodplain alteration permit.
15 (ii) Section 3503, permit for use of water in mining iron
16 ore.
17 (iii) Section 4105, sewerage system construction permit.
18 (iv) Section 6516, vehicle testing license.
19 (v) Section 6521, motor vehicle fleet testing permit.
20 (vi) Section 8310, restricted use pesticide dealer license.
21 (vii) Section 8310a, agricultural pesticide dealer license.
22 (viii) Section 8504, license to manufacture or distribute
23 fertilizer.
24 (ix) Section 9112, local soil erosion and sedimentation
25 control permit.
26 (x) Section 11509, solid waste disposal area construction
27 permit.
1 (xi) Section 11512, solid waste disposal area operating
2 license.
3 (xii) Section 11542, municipal solid waste incinerator ash
4 landfill operating license amendment.
5 (xiii) Section 11702, septage waste servicing license or
6 septage waste vehicle license.
7 (xiv) Section 11709, septage waste site permit.
8 (xv) Section 30104, inland lakes and streams project permit.
9 (xvi) Section 30304, state permit for dredging, filling, or
10 other activity in wetland. Permit includes an authorization for a
11 specific project to proceed under a general permit issued under
12 section 30312.
13 (xvii) Section 31509, dam construction, repair, or removal
14 permit.
15 (xviii) Section 32312, flood risk, high risk, or environmental
16 area permit.
17 (xix) Section 32503, permit for dredging and filling
18 bottomland.
19 (xx) Section 32603, permit for submerged log removal from
20 Great Lakes bottomlands.
21 (xxi) Section 35304, department permit for critical dune area
22 use.
23 (xxii) Section 36505, endangered species permit.
24 (xxiii) Section 41702, game bird hunting preserve license.
25 (xxiv) Section 42101, dog training area permit.
26 (xxv) Section 42501, fur dealer's license.
27 (xxvi) Section 42702, game dealer's license.
1 (xxvii) Section 44513, charter boat operating permit under
2 reciprocal agreement.
3 (xxviii) Section 44517, 44516, boat
livery operating permit.
4 (xxix) Section 45503, permit to take frogs for scientific
5 use.
6 (xxx) Section 45902, game fish propagation license.
7 (xxxi) Section 45906, game fish import license.
8 (xxxii) Section 61525, oil or gas well drilling permit.
9 (xxxiii) Section 62509, brine, storage, or waste disposal well
10 drilling or conversion permit or test well drilling permit.
11 (xxxiv) Section 63103a, ferrous mineral mining permit.
12 (xxxv) Section 63514 or 63525, surface coal mining and
13 reclamation permit or revision of the permit, respectively.
14 (xxxvi) Section 63704, sand dune mining permit.
15 (xxxvii) Section 72108, use permits for Michigan trailway.
16 (xxxviii) Section 76109, sunken aircraft or watercraft
17 abandoned property recovery permit.
18 (xxxix) Section 76504, Mackinac Island motor vehicle and land
19 use permits.
20 (xxxx) Section 80159, buoy or beacon permit.
21 (e) "Processing deadline" means the last day of the
22 processing period.
23 (f) "Processing period" means the following time period
24 after the close of the application period, for the following
25 permit, as applicable:
26 (i) Twenty days for a permit under section 61525 or 62509.
27 (ii) Thirty days for a permit under section 9112 or 44516.
1 (iii) Thirty days after the department consults with the
2 underwater salvage and preserve committee created under section
3 76103, for a permit under section 76109.
4 (iv) Sixty days, for a permit under section 30104 for a minor
5 project as established by rule under section 30105(7) or for a
6 permit under section 32312.
7 (v) Sixty days or, if a hearing is held, 90 days for a
8 permit under section 35304.
9 (vi) Sixty days or, if a hearing is held, 120 days for a
10 permit under section 30104, other than a permit for a minor
11 project as established by rule under section 30105(7), or for a
12 permit under section 31509.
13 (vii) Ninety days for a permit under section 11512, a
14 revision of a surface coal mining and reclamation permit under
15 section 63525, or a permit under section 72108.
16 (viii) Ninety days or, if a hearing is held, 150 days for a
17 permit under section 3104, 30304, or 32503 or an authorization
18 for a specific project to proceed under a general permit issued
19 under section 30312.
20 (ix) Ninety days after the close of the review or comment
21 period under section 32604, or if a public hearing is held, 90
22 days after the date of the public hearing for a permit under
23 section 32603.
24 (x) One hundred twenty days for a permit under section
25 11509, 11542, 63103a, 63514, or 63704.
26 (xi) One hundred fifty days for a permit under section 36505.
27 However, if a site inspection or federal approval is required,
1 the 150-day period is tolled pending completion of the inspection
2 or receipt of the federal approval.
3 (xii) For any other permit, 150 days or, if a hearing is
4 held, 90 days after the hearing, whichever is later.
5 Sec. 2035. (1) The waterways account is established as an
6 account within the legacy fund.
7 (2) The waterways account shall consist of both of the
8 following:
9 (a) All money in the Michigan state waterways fund, formerly
10 created in section 78110, the Michigan harbor development fund,
11 formerly created in section 78110, and the marine safety fund,
12 formerly created in section 80115, immediately prior to the
13 effective date of the amendatory act that added this section,
14 which money is hereby transferred to the waterways account.
15 (b) Revenue from the following sources:
16 (i) All revenue generated from watercraft registration fees
17 assessed on the ownership or operation of watercraft in the
18 state, of which not less than 49% shall be provided for law
19 enforcement and education.
20 (ii) All revenues derived from fees charged for the moorage
21 of watercraft at state-operated mooring facilities.
22 (iii) All revenues derived from fees charged for the use of
23 state-operated public access sites.
24 (iv) Transfers from the recreation improvement account.
25 (v) All tax revenue derived from the sale of diesel fuel in
26 this state that is used to generate power for the operation or
27 propulsion of vessels on the waterways of this state.
1 (vi) Other revenues as authorized by law.
2 (3) Money in the waterways account shall be expended, upon
3 appropriation, only as provided in parts 445, 781, 791, and 801
4 and for the administration of the waterways account, which may
5 include payments in lieu of taxes on state owned lands purchased
6 through the waterways account or through the former Michigan
7 state waterways fund.
8 Sec. 44501. As used in this part:
9 (a) "Boat livery" means either of the following:
10 (i) A a place
of business or any location where a person
11 rents or leases offers
for rent any vessel other than a
12 nonmotorized raft to the general public for noncommercial use on
13 the waters of this state.
14 (ii) A Boat livery does not include a place where a person
15 offers cabins, cottages, motel rooms, hotel rooms, or other
16 similar rental or leased units where a vessel is if vessels are
17 furnished only for the use of the person renting or leasing the
18 unit, but does not include a single privately owned cabin or
19 cottage leased or rented to another where a vessel is furnished
20 for the use of the person renting or leasing the unit.persons
21 occupying the units.
22 (b) "Carrying passengers for hire" or "carry passengers for
23 hire" means the transporting of any person individual on a vessel
24
other than a nonmotorized raft for
consideration regardless of
25 whether the consideration is directly
or indirectly paid to the
26 owner of the vessel, the owner's agent, the operator of the
27 vessel, or any other person who holds any interest in the vessel.
1 (c) "Charter boat" means a vessel other than a nonmotorized
2
raft that is rented or leased or
offered for rent or lease to
3 carry passengers for hire if the owner or the owner's agent
4 retains possession, command, and control of the vessel.
5 (d) "Class A vessel" means a vessel, except a sailboat, that
6 carries for hire on navigable waters not more than 6 passengers.
7 (e) "Class B vessel" means a vessel, except a sailboat, that
8 carries for hire on inland waters not more than 6 passengers.
9 (f) "Class C vessel" means a vessel, except a sailboat, that
10 carries for hire on inland waters more than 6 passengers.
11 (g) "Class D vessel" means a vessel that is propelled
12 primarily by a sail or sails and carries for hire on navigable
13 waters not more than 6 passengers or carries passengers for hire
14 on inland waters.
15 (h) "Class E vessel" means a vessel that carries not more
16 than 6 passengers for hire and meets either of the following
17 requirements:
18 (i) Is utilized primarily as a river-drift boat that is
19 propelled primarily by hand.
20 (ii) Is a vessel that is 18 feet or less in length operated
21 primarily on a river or tributary to the Great Lakes, Lake St.
22 Clair, or their connecting waterways.
23 (i) "Equipment" means a system, part, or component of a
24 vessel as originally manufactured, or a system, part, or
25 component manufactured or sold for replacement, repair, or
26 improvement of a system, part, or component of a vessel; an
27 accessory or equipment for, or appurtenance to, a vessel; or a
1 marine safety article, accessory, or equipment intended for use
2 by a person an
individual on board a vessel; but does
not include
3 radio equipment.
4 (j) "Inland waters" means all waters of this state, except
5 navigable waters.
6 (k) "Livery boat" means a vessel, which
other than a
7
nonmotorized raft, that is rented or offered for rent or lease by
8 the boat livery or boat owner or his or her agent or is rented or
9 leased from by a boat livery or a boat owner or his or her agent
10 and if the boat livery or boat owner or his or her agent
11 relinquishes or offers to relinquish complete physical control of
12 the vessel to the renter or lessee, except the boat livery or
13 owner retains while
retaining legal title to the vessel.
14 (l) "Navigable waters" means those waters of the state over
15 which this state and the United States coast guard exercise
16 concurrent jurisdiction, including the Great Lakes and waters
17 connected to the Great Lakes, to the upstream limit of navigation
18 as determined by the United States department of the army corps
19 of engineers.
20 (m) "Navigable waters livery boat" means a livery boat that
21 is more than 20 feet in length and is rented or offered for rent
22 for use on navigable waters.
23 (n) (m) "Operate", when used with reference to a vessel,
24 means to start any propulsion engine or to physically control the
25 motion, direction, or speed of a the vessel.
26 (o) (n) "Owner", when used in reference to a vessel, means a
27 person who claims lawful possession of a the vessel
by virtue of
1 legal title or an equitable interest in a vessel that entitles
2 that person to possession of the vessel.
3 (p) (o) "Passenger"
means a person an
individual carried on
4 board a charter boat except either of the following:
5 (i) The owner of the vessel or the owner's agent.
6 (ii) The pilot and members of the crew of the vessel who have
7 not contributed consideration for their transportation either
8 before, during, or after the voyage.
9 (q) (p) "Peace
officer" means every a
sheriff or sheriff's
10 deputy; village or township marshal; officer of the police
11 department of any city, village, or township; any officer of the
12 Michigan state police; or any other police officer or law
13 enforcement officer who is trained and certified pursuant to the
14 commission on law enforcement standards act, 1965 PA 203, MCL
15 28.601 to 28.616, and includes the director and conservation
16 officers employed by the department.
17 (r) (q) "Personal
watercraft" means a vessel that meets all
18 of the following requirements:
19 (i) Uses a motor-driven propeller or an internal combustion
20 engine powering a water jet pump as its primary source of
21 propulsion.
22 (ii) Is designed without an open load carrying area that
23 would retain water.
24 (iii) Is designed to be
operated by 1 or more persons
25 individuals positioned on, rather than within, the confines of
26 the hull.
27 (s) (r) "Pilot's
license" means a vessel operator's license
1 issued by the United States coast guard or other federal agency,
2 or a license issued by the department to an operator of a charter
3 boat that is operated on inland waters.
4 (t) (s) "Training
or instructional purposes" means the
5 teaching of any person individual
in the handling and navigation
6 of a vessel or the techniques of waterskiing.
7 (u) (t) "Vessel"
means every description of watercraft,
8 other than a seaplane, used or capable of being used as a means
9 of transportation on water irrespective of the method of
10 operation or propulsion.
11 (v) (u) "Waters
of the state" means any waters within the
12 territorial limits of this state and includes those waters of the
13 Great Lakes which are under the jurisdiction of this state.
14 (w) (v) "Waterways
account" means the waterways account of
15 the Michigan conservation and recreation legacy fund provided for
16 in section 2035.
17 Sec. 44511. (1) The owner of a charter boat required to be
18 inspected under this part and a person required to be licensed as
19 a state pilot under this part shall file an application with the
20 required fee for the charter boat inspection or the state pilot's
21 examination with the department on a form prescribed and
22 furnished by the department. Persons applying for a certificate
23 of inspection or a state pilot's license shall furnish
24 information reasonably required by the department. A person shall
25 not file an application for charter boat inspection or state
26 pilot's examination that contains false information. A person
27 filing an application shall certify by the person's signature
1 that the information furnished on the application is true and
2 correct.
3 (2) The owner of If
a charter boat ,
or livery boat as
4 provided for under section 44517, which has never been inspected,
5
the owner shall pay to the
department an inspection fee for dry
6 dock and dockside inspection according to the following schedule:
7 (a) Class A and D vessels....................... $250.00
8 (b) Class B vessels............................. $120.00
9 (c) Class C vessels............................. $350.00
10 (3) Beginning on April 1, 1987, for For each
required dry
11 dock or dockside inspection of a charter boat ,
or livery boat as
12 provided for under section 44517, other than an inspection under
13 subsection (2), the owner shall pay the department a fee
14 according to the following schedule:
15 (a) Class A and D vessels
16 (i) Dockside inspection...................... $100.00
17 (ii) Dry dock inspection...................... $150.00
18 (b) Class B vessels
19 (i) Dockside inspection...................... $ 60.00
20 (ii) Dry dock inspection...................... $ 60.00
21 (c) Class C vessels
22 (i) Dockside inspection...................... $150.00
23 (ii) Dry dock inspection...................... $200.00
24 (4) When If the department inspects any charter boat ,
or
25 livery boat as provided for under section 44517, at an interval
1 other than as required by this part, the inspection shall be
2 conducted without an inspection fee for a dockside inspection and
3 for a reduced fee to be determined by the department for a dry
4 dock inspection. When If
a 24-month dockside inspection and a
72-
5 month dry dock inspection are required in the same year, the
6 owner shall only pay the fee for the dry dock inspection, as
7 provided in subsection (3).
8 (5) For each examination of a person for a state pilot's
9 license, the applicant shall pay a fee of $30.00 to the
10 department.
11 (6) The charter boat inspection fee or state pilot's license
12 examination fee shall be forfeited to the department and credited
13 to the marine safety fund subaccount of the waterways account if
14 the owner of the charter boat or the applicant for a state
15 pilot's license fails to keep an appointment, which has been
16 mutually agreed upon between the owner or the applicant and the
17 department, for an inspection or reinspection of the charter boat
18 or a state pilot's license examination, without first notifying
19 the inspecting officer or the department's marine safety section
20 within the department's law enforcement division at least 24
21 hours prior to the scheduled appointment. Upon the forfeiture of
22 an application fee, the owner of the charter boat or the
23 applicant for a state pilot's license must shall submit
a new
24 application and the required fee before the department shall
25 conduct conducts any inspection of the charter boat or conduct
26 conducts any examination of the applicant for a state pilot's
27 license.
1 (7) Except as otherwise provided in section 44517, the The
2 revenue received for inspection fees under this section shall be
3 deposited in the state treasury to the credit of the marine
4 safety subaccount of the waterways account and shall only be used
5 to pay for inspections required by this part, and to maintain the
6 education and enforcement program provided for in section
7 44513(2). The revenue division of the department of treasury
8 shall annually provide to the department an accurate total of
9 revenue collected and shall annually credit that amount to the
10 marine safety subaccount of the waterways account.
11 Sec. 44516. (1) The owner of a boat livery shall make an
12 application to the sheriff of the county in which the livery is
13 located for inspection of its livery boats and equipment. A boat
14 livery shall not rent a motorized livery boat unless the livery
15 boat has a current annual inspection decal, plate, or tab as
16 provided under section 44518.
17 (2) Regardless of whether the livery boats are motorized or
18 nonmotorized, a person shall not operate a boat livery except as
19 authorized by a permit issued pursuant to part 13. Subject to
20 subsection (7), the owner of a boat livery shall submit an
21 application for a boat livery permit to the sheriff's department
22 of the county where the boat livery is located. The application
23 shall be made on a form provided by the department and for a boat
24 livery permit shall include all of the following:
25 (a) The boat livery name.
26 (b) The mailing address of the boat livery.
27 (c) The location of the boat livery.
1 (d) The waters of the state on which the boat livery rents
2 vessels.
3 (e) The number and types of livery boats available for rent,
4 including whether the boats are motorized.
5 (3) An application for a boat livery permit shall be
6 accompanied by an inspection fee of $100.00 for each navigable
7 waters livery boat that the boat livery rents or offers to rent.
8 A fee collected under this subsection shall be forwarded to the
9 department of treasury to be credited to the marine safety
10 subaccount of the waterways account. An inspection of a
11 navigable waters livery boat shall be a comprehensive dockside
12 inspection.
13 (4) After a sheriff's department receives an application for
14 a boat livery permit, if the boat livery rents or offers for rent
15 1 or more motorized livery boats, the county sheriff or a deputy
16 sheriff shall inspect the motorized livery boats and associated
17 equipment to determine if they meet the minimum safety standards
18 established under rules promulgated under this part.
19 (5) A boat livery permit shall be issued if any of the
20 following apply:
21 (a) One or more motorized livery boats and their associated
22 equipment pass inspection under subsection (4).
23 (b) The boat livery rents or offers for rent 1 or more
24 nonmotorized livery boats.
25 (6) A boat livery owner shall ensure that a boat livery
26 permit issued under subsection (5) is prominently displayed on
27 the site of the boat livery. The permit expires on May 31 of the
1 year following the year in which the permit is issued.
2 (7) The department and a conservation officer shall exercise
3 the powers and perform the duties of the county sheriff's
4 department and a sheriff or deputy sheriff under this section and
5 section 44518 under any of the following circumstances:
6 (a) If the county does not receive state aid under section
7 80117 to conduct a marine safety program.
8 (b) If the boat livery rents or offers to rent a navigable
9 waters livery boat.
10 (8) The department of natural resources shall furnish boat
11 livery permit application forms, blank boat livery permits,
12 registration decals, and inspection decals, plates, or tabs to
13 the sheriff's department.
14 Sec. 44518. (1) An inspecting officer, designated by the
15 department, The
sheriff of the county where a boat livery is
16 located or a deputy sheriff shall affix or cause to be affixed an
17
inspection decal, plate, or tab to each
and every motorized
18 livery boat that meets the minimum safety standards established
19 under rules promulgated under this part an passes the inspection
20 under section 44516.
21
(2) An inspection decal, plate,
or tab furnished by the
22 department which bears under
subsection (1) expires on May 31 of
23 the year following the year in which the decal, plate, or tab is
24 issued. The inspection decal, plate, or tab shall bear all of the
25 following information:
26 (a) The maximum number of persons permitted to be carried
27 aboard the vessel.motorized
livery boat.
1 (b) The maximum horsepower of a motor permitted to be used
2 on the vessel.motorized
livery boat.
3 (c) Other information as the department may reasonably
4 require.
5 (3) (2) Each A boat livery owner shall
pay a fee of $2.00 to
6 the inspecting officer sheriff
or deputy sheriff a fee of $2.00
7 for each decal, plate, or tab affixed to the livery boats. The
8 inspecting officer shall forward all fees collected under this
9 subsection under
subsection (1) to a motorized livery boat other
10 than a navigable waters livery boat. Fees collected under this
11 subsection shall be forwarded as follows:
12 (a) Except as provided in subdivision (b), to the treasurer
13 of the county in which the fee is collected to be credited for
14 the purpose of reimbursing the sheriff's department for expenses
15 incurred pursuant to under
this part. If the inspecting officer
16 is a conservation officer, fees collected under this section
17 shall be forwarded
18 (b) If, pursuant to section 44516(7), a conservation officer
19 performs the inspection, to the department of treasury to be
20 credited to the marine safety subaccount of the waterways
21 account.
22 Sec. 44520. (1) The owner of a boat livery shall not rent or
23 lease a livery boat more than
20 feet in length to be used on
24 navigable water until except
pursuant to a written rental
25 contract or lease agreement has been made between the boat
livery
26 owner and the renter. or lessee.
27 (2) A boat livery owner or his or her designated
1 representative or
agent of the owner shall not permit
a livery
2 boat to depart the premises of the boat livery if:relinquish
3 physical control of any livery boat to the person renting the
4 livery boat or someone in that person's party if any of the
5 following apply:
6 (a) The equipment required pursuant to rules promulgated
7 under this part is not aboard the livery boat.
8 (b) The livery boat contains a number of persons individuals
9 in excess of the maximum number approved for the livery boat and
10 indicated on the inspection decal, plate, or tab affixed to the
11 livery boat.required
to be displayed under subsection (4).
12 (c) The livery boat is equipped with a motor with a
13 horsepower rating in excess of the maximum horsepower approved
14 for the livery boat and indicated on the inspection decal, plate,
15 or tab affixed to the livery boat.
16 (3) The individual renting a livery boat, or an individual
17 in the renter's party, is not responsible for a violation of a
18 rule described in subsection (2)(a) if the livery boat or
19 equipment was in violation when the owner relinquished possession
20 of the livery boat to the renter or the individual in the
21 renter's party.
22 (4) A livery boat shall display the maximum number of
23 persons and maximum weight of persons, gear, and other items the
24 livery boat is capable of safely carrying under normal
25 conditions. The information may be displayed on the inspection
26 decal, plate, or tab required for a motorized livery boat; on a
27 manufacturer's plate, decal, plate, or tab; or by other means.
1 Sec. 44520a. (1) An owner of a nonmotorized livery boat is
2 not liable for an injury to or the death of a user of the
3 nonmotorized livery boat resulting from a risk inherent in the
4 use or operation of a nonmotorized livery boat.
5 (2) An owner of a nonmotorized livery boat shall post in
6 conspicuous locations a notice specifying that a user of the
7 nonmotorized livery boat accepts the risk inherent in the use or
8 operation of a nonmotorized livery boat.
9 (3) As used in this section:
10 (a) "Owner of a nonmotorized livery boat" means the person
11 who owns the nonmotorized livery boat, the boat livery that rents
12 , leases, or furnishes the
nonmotorized livery boat for use, or
13 an employee or agent of the owner or boat livery.
14 (b) "Risk inherent in the use or operation of a nonmotorized
15 livery boat" means a danger or condition that is an integral part
16 of the use or operation of a nonmotorized livery boat that and is
17 limited to 1 or more of the following:
18 (i) Wave or other water motion.
19 (ii) Weather conditions.
20 (iii) Contact or maneuvers necessary to avoid contact with
21 another vessel or a manmade object in or near the water.
22 (iv) Contact or maneuvers necessary to avoid contact with
23 rock, sand, vegetation, or other natural objects in or near the
24 water.
25 (v) Malfunction of equipment, except for equipment owned by
26 the owner of a nonmotorized livery boat.
27 (vi) Failure to use or wear a personal flotation device or to
1 have lifesaving equipment available, except if the owner of a
2 nonmotorized livery boat failed to provide the personal flotation
3 device or lifesaving equipment when required by law or regulation
4 to do so.
5 (vii) The actions of a vessel operator, except if the owner
6 of a nonmotorized livery boat leased or rented the livery boat
to
7 an operator who the owner knew or in the exercise of reasonable
8 care should have known was disqualified by law or regulation from
9 operating the livery boat.
10 (viii) Having on board a
number of persons in excess of or
11 weight of persons, gear, and other items that exceeds the maximum
12 number approved for the
livery boat, on board, except if in any
13 of the following circumstances:
14 (A) If the owner of a nonmotorized livery boat knowingly
15 allowed the livery boat to leave the boat livery's premises with
16 a number of persons in excess of the maximum weight or number or
17 weight of persons, gear, and other items on board that exceeds
18
the maximum approved for the livery
boat on board or did not
19 properly inform the user of the maximum weight or number of
20 persons approved for the livery boat.
21 (B) If a nonmotorized livery boat did not display the
22 maximum number of persons or maximum weight of persons, gear, or
23 other items permitted to be carried on board as required under
24 section 44520 when the boat livery owner relinquished physical
25 control of the livery boat to the renter or an individual in the
26 renter's party.
27 (c) "User of the nonmotorized livery boat" means a
person an
House Bill No. 5164 (H-2) as amended May 10, 2012
1 individual who participates in the use or operation of the
2 nonmotorized livery boat regardless of whether the person
3
individual rented or leased the
nonmotorized livery boat.
4 Sec. 44522a. In addition to inspections conducted for
5 purposes of section 44516 or under section 80166, a peace officer
6 may inspect any livery boat at a boat livery. The peace officer
7 shall give the owner of the boat livery at least 72 hours'
8 advance notice of an inspection under this section and shall
9 conduct the inspection at a reasonable time.
10 Sec. 44524. (1) A person who violates this part or a rule
11 promulgated under this part is guilty of a misdemeanor ,
12 punishable by imprisonment for not more than 1 year , or a fine
13 of not more than $1,000.00, or both.
14 (2) When a vessel is operated in violation of section 44502,
15 44509, or 44514, 44516(1)
or (2), the vessel may be seized as
16 evidence, and upon conviction of the owner, the vessel may be
17 condemned and confiscated in the same manner as provided for
18 under part 16.
19 (3) A peace officer may issue an appearance ticket to any
20 person violating this part or a rule promulgated under this part.
21 Enacting section 1. Sections 44514 and 44517 of the natural
22 resources and environmental protection act, 1994 PA 451, MCL
23 324.44514 and 324.44517, are repealed.
24 Enacting section 2. This amendatory act takes effect [June 1, 2012
25 ].