SB-0821, As Passed Senate, March 22, 2012

SUBSTITUTE FOR

SENATE BILL NO. 821

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 1301, 2035, 44501, 44516, 44518, 44520,

44520a, and 44524 (MCL 324.1301, 324.2035, 324.44501, 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

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:

     Sec. 1301. As used in this part:

     (a) "Application period" means the period beginning when an

application for a permit is received by the state and ending when

the application is considered to be administratively complete under

section 1305 and any applicable fee has been paid.

     (b) "Department" means the department, agency, or officer

authorized by this act to approve or deny an application for a

particular permit.

     (c) "Director" means the director of the state department

authorized under this act to approve or deny an application for a

particular permit or the director's designee.

     (d) "Permit" means a permit or operating license required by

any of the following sections or by rules promulgated thereunder,

or, in the case of section 9112, by an ordinance adopted

thereunder:

     (i) Section 3104, floodplain alteration permit.

     (ii) Section 3503, permit for use of water in mining iron ore.

     (iii) Section 4105, sewerage system construction permit.

     (iv) Section 6516, vehicle testing license.

     (v) Section 6521, motor vehicle fleet testing permit.

     (vi) Section 8310, restricted use pesticide dealer license.

     (vii) Section 8310a, agricultural pesticide dealer license.

     (viii) Section 8504, license to manufacture or distribute

fertilizer.

     (ix) Section 9112, local soil erosion and sedimentation control

permit.

     (x) Section 11509, solid waste disposal area construction

permit.

     (xi) Section 11512, solid waste disposal area operating

license.

     (xii) Section 11542, municipal solid waste incinerator ash

landfill operating license amendment.

     (xiii) Section 11702, septage waste servicing license or septage

waste vehicle license.

     (xiv) Section 11709, septage waste site permit.

     (xv) Section 30104, inland lakes and streams project permit.

     (xvi) Section 30304, state permit for dredging, filling, or

other activity in wetland. Permit includes an authorization for a

specific project to proceed under a general permit issued under

section 30312.

     (xvii) Section 31509, dam construction, repair, or removal

permit.

     (xviii) Section 32312, flood risk, high risk, or environmental

area permit.

     (xix) Section 32503, permit for dredging and filling

bottomland.

     (xx) Section 32603, permit for submerged log removal from Great

Lakes bottomlands.

     (xxi) Section 35304, department permit for critical dune area

use.

     (xxii) Section 36505, endangered species permit.

     (xxiii) Section 41702, game bird hunting preserve license.

     (xxiv) Section 42101, dog training area permit.

     (xxv) Section 42501, fur dealer's license.

     (xxvi) Section 42702, game dealer's license.

     (xxvii) Section 44513, charter boat operating permit under

Senate Bill No. 821 as amended March 21, 2012

reciprocal agreement.

     (xxviii) Section 44517, 44516, boat livery operating permit.

     (xxix) Section 45503, permit to take frogs for scientific use.

     (xxx) Section 45902, game fish propagation license.

     (xxxi) Section 45906, game fish import license.

     (xxxii) Section 61525, oil or gas well drilling permit.

     (xxxiii) Section 62509, brine, storage, or waste disposal well

drilling or conversion permit or test well drilling permit.

     (xxxiv) Section 63103a, ferrous mineral mining permit.

     (xxxv) Section 63514 or 63525, surface coal mining and

reclamation permit or revision of the permit, respectively.

     (xxxvi) Section 63704, sand dune mining permit.

     (xxxvii) Section 72108, use permits for Michigan trailway.

     (xxxviii) Section 76109, sunken aircraft or watercraft abandoned

property recovery permit.

     (xxxix) Section 76504, Mackinac Island motor vehicle and land

use permits.

     (xxxx) Section 80159, buoy or beacon permit.

     (e) "Processing deadline" means the last day of the processing

period.

     (f) "Processing period" means the following time period after

the close of the application period, for the following permit, as

applicable:

     (i) Twenty days for a permit under section 61525 or 62509.

     (ii) Thirty days for a permit under section 9112<<          >> or

44516.

     (iii) Thirty days after the department consults with the

underwater salvage and preserve committee created under section

76103, for a permit under section 76109.

     (iv) Sixty days, for a permit under section 30104 for a minor

project as established by rule under section 30105(7) or for a

permit under section 32312.

     (v) Sixty days or, if a hearing is held, 90 days for a permit

under section 35304.

     (vi) Sixty days or, if a hearing is held, 120 days for a permit

under section 30104, other than a permit for a minor project as

established by rule under section 30105(7), or for a permit under

section 31509.

     (vii) Ninety days for a permit under section 11512, a revision

of a surface coal mining and reclamation permit under section

63525, or a permit under section 72108.

     (viii) Ninety days or, if a hearing is held, 150 days for a

permit under section 3104, 30304, or 32503 or an authorization for

a specific project to proceed under a general permit issued under

section 30312.

     (ix) Ninety days after the close of the review or comment

period under section 32604, or if a public hearing is held, 90 days

after the date of the public hearing for a permit under section

32603.

     (x) One hundred twenty days for a permit under section 11509,

11542, 63103a, 63514, or 63704.

     (xi) One hundred fifty days for a permit under section 36505.

However, if a site inspection or federal approval is required, the

150-day period is tolled pending completion of the inspection or

receipt of the federal approval.

     (xii) For any other permit, 150 days or, if a hearing is held,

90 days after the hearing, whichever is later.

     Sec. 2035. (1) The waterways account is established as an

account within the legacy fund.

     (2) The waterways account shall consist of both of the

following:

     (a) All money in the Michigan state waterways fund, formerly

created in section 78110, the Michigan harbor development fund,

formerly created in section 78110, and the marine safety fund,

formerly created in section 80115, immediately prior to the

effective date of the amendatory act that added this section, which

money is hereby transferred to the waterways account.

     (b) Revenue from the following sources:

     (i) All revenue generated from watercraft registration fees

assessed on the ownership or operation of watercraft in the state,

of which not less than 49% shall be provided for law enforcement

and education.

     (ii) All revenues derived from fees charged for the moorage of

watercraft at state-operated mooring facilities.

     (iii) All revenues derived from fees charged for the use of

state-operated public access sites.

     (iv) Transfers from the recreation improvement account.

     (v) All tax revenue derived from the sale of diesel fuel in

this state that is used to generate power for the operation or

propulsion of vessels on the waterways of this state.

     (vi) Other revenues as authorized by law.

     (3) Money in the waterways account shall be expended, upon

appropriation, only as provided in parts 445, 781, 791, and 801 and

for the administration of the waterways account, which may include

payments in lieu of taxes on state owned lands purchased through

the waterways account or through the former Michigan state

waterways fund.

     Sec. 44501. As used in this part:

     (a) "Boat livery" means either of the following:

     (i) A a place of business or any location where a person rents

or leases any vessel other than a nonmotorized raft to the general

public for noncommercial use on the waters of this state.

     (ii) A Boat livery does not include a place where a person

offers cabins, cottages, motel rooms, hotel rooms, or other similar

rental or leased units where a vessel is vessels are furnished only

for the use of the person renting or leasing the unit, but does not

include a single privately owned cabin or cottage leased or rented

to another where a vessel is furnished for the use of the person

renting or leasing the unit.persons occupying the units.

     (b) "Carrying passengers for hire" or "carry passengers for

hire" means the transporting of any person individual on a vessel

other than a nonmotorized raft for consideration regardless of

whether the consideration is directly or indirectly paid to the

owner of the vessel, the owner's agent, the operator of the vessel,

or any other person who holds any interest in the vessel.

     (c) "Charter boat" means a vessel other than a nonmotorized

raft that is rented or leased or offered for rent or lease to carry

passengers for hire if the owner or the owner's agent retains

possession, command, and control of the vessel.

     (d) "Class A vessel" means a vessel, except a sailboat, that

carries for hire on navigable waters not more than 6 passengers.

     (e) "Class B vessel" means a vessel, except a sailboat, that

carries for hire on inland waters not more than 6 passengers.

     (f) "Class C vessel" means a vessel, except a sailboat, that

carries for hire on inland waters more than 6 passengers.

     (g) "Class D vessel" means a vessel that is propelled

primarily by a sail or sails and carries for hire on navigable

waters not more than 6 passengers or carries passengers for hire on

inland waters.

     (h) "Class E vessel" means a vessel that carries not more than

6 passengers for hire and meets either of the following

requirements:

     (i) Is utilized primarily as a river-drift boat that is

propelled primarily by hand.

     (ii) Is a vessel that is 18 feet or less in length operated

primarily on a river or tributary to the Great Lakes, Lake St.

Clair, or their connecting waterways.

     (i) "Equipment" means a system, part, or component of a vessel

as originally manufactured, or a system, part, or component

manufactured or sold for replacement, repair, or improvement of a

system, part, or component of a vessel; an accessory or equipment

for, or appurtenance to, a vessel; or a marine safety article,

accessory, or equipment intended for use by a person an individual

on board a vessel; but does not include radio equipment.

     (j) "Inland waters" means all waters of this state, except

navigable waters.

     (k) "Livery boat" means a vessel, other than a nonmotorized

raft, which is rented or offered for rent or lease by the boat

livery or boat owner or his or her agent or is rented or leased

from by a boat livery or a boat owner or his or her agent and if

the boat livery or boat owner or his or her agent relinquishes or

offers to relinquish complete physical control of the vessel to the

renter or lessee, except the boat livery or owner retains while

retaining legal title to the vessel.

     (l) "Navigable waters" means those waters of the state over

which this state and the United States coast guard exercise

concurrent jurisdiction, including the Great Lakes and waters

connected to the Great Lakes, to the upstream limit of navigation

as determined by the United States department of the army corps of

engineers.

     (m) "Operate", when used with reference to a vessel, means to

start any propulsion engine or to physically control the motion,

direction, or speed of a the vessel.

     (n) "Owner", when used in reference to a vessel, means a

person who claims lawful possession of a the vessel by virtue of

legal title or an equitable interest in a vessel that entitles that

person to possession of the vessel.

     (o) "Passenger" means a person an individual carried on board

a charter boat except either of the following:

     (i) The owner of the vessel or the owner's agent.

     (ii) The pilot and members of the crew of the vessel who have

not contributed consideration for their transportation either

before, during, or after the voyage.

     (p) "Peace officer" means every a sheriff or sheriff's deputy;

village or township marshal; officer of the police department of

any city, village, or township; any officer of the Michigan state

police; or any other police officer or law enforcement officer who

is trained and certified pursuant to the commission on law

enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616, and

includes the director and conservation officers employed by the

department.

     (q) "Personal watercraft" means a vessel that meets all of the

following requirements:

     (i) Uses a motor-driven propeller or an internal combustion

engine powering a water jet pump as its primary source of

propulsion.

     (ii) Is designed without an open load carrying area that would

retain water.

     (iii) Is designed to be operated by 1 or more persons

individuals positioned on, rather than within, the confines of the

hull.

     (r) "Pilot's license" means a vessel operator's license issued

by the United States coast guard or other federal agency, or a

license issued by the department to an operator of a charter boat

that is operated on inland waters.

     (s) "Training or instructional purposes" means the teaching of

any person individual in the handling and navigation of a vessel or

the techniques of waterskiing.

     (t) "Vessel" means every description of watercraft, other than

a seaplane, used or capable of being used as a means of

transportation on water irrespective of the method of operation or

propulsion.

     (u) "Waters of the state" means any waters within the

territorial limits of this state and includes those waters of the

Great Lakes which are under the jurisdiction of this state.

     (v) "Waterways account" means the waterways account of the

Michigan conservation and recreation legacy fund provided for in

section 2035.

     Sec. 44516. (1) The owner of a boat livery shall make an

application to the sheriff of the county in which the livery is

located for inspection of its livery boats and equipment. A boat

livery shall not rent a motorized livery boat unless the livery

boat has a current inspection decal, plate, or tab as provided

under section 44518.

     (2) A person shall not operate a boat livery except as

authorized by a permit issued pursuant to part 13. The owner of a

boat livery shall submit an application for a boat livery permit to

the sheriff's department of the county where the boat livery is

located. The application shall be made on a form provided by the

department and for a boat livery permit shall include all of the

following:

     (a) The boat livery name.

     (b) The mailing address of the boat livery.

     (c) The location of the boat livery.

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

vessels.

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

     (3) For each motorized livery boat, except a class E vessel,

that is more than 20 feet in length and is to be rented or offered

for rent by a boat livery for use on navigable waters, an

application for a boat livery permit shall be accompanied by the

same inspection fee that would be required under section 44511 if

that vessel were a charter boat. Fees collected under this

subsection shall be forwarded to the department and deposited in

the marine safety subaccount of the waterways account. The

department shall expend the money, upon appropriation, to develop

and maintain the education and enforcement program provided for in

section 44513(2).

     (4) After a sheriff's department receives an application for a

boat livery permit and any fee required under subsection (3), the

county sheriff or a deputy sheriff shall inspect the boat livery's

motorized livery boats and associated equipment. The purpose of the

inspection is to determine if the motorized livery boats and their

associated equipment meet the minimum safety standards established

under rules promulgated under this part. A boat livery permit shall

not be issued if any of the following apply:

     (a) Every livery boat of the boat livery is required to be

inspected and each livery boat, or its associated equipment, fails

inspection.

     (b) The boat livery is otherwise in violation of the

requirements of this part or rules promulgated under this part.

     (5) A boat livery owner shall ensure that a boat livery permit

issued under this section is prominently displayed on the site of

the boat livery. The permit expires on May 31 of the year following

the year in which the permit is issued.

     (6) If a county does not receive state aid under section 80117

to conduct a marine safety program, the department and a

conservation officer shall exercise the powers and perform the

duties of the county sheriff's department and a sheriff or deputy

sheriff under this section and section 44518. However, the

department of natural resources shall furnish boat livery permit

application forms, blank boat livery permits, registration decals,

and inspection decals, plates, or tabs to the sheriff's department.

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

department, The sheriff of the county where a boat livery is

located or a deputy sheriff shall affix or cause to be affixed an

inspection decal, plate, or tab to each and every motorized livery

boat that meets the minimum safety standards established under

rules promulgated under this part an passes the inspection under

section 44516.

     (2) An inspection decal, plate, or tab furnished by the

department which bears under subsection (1) expires on May 31 of

the year following the year in which the decal, plate, or tab is

issued. The inspection decal, plate, or tab shall bear all of the

following information:

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

aboard the vessel.motorized livery boat.

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

the vessel.motorized livery boat.

     (c) Other information as the department may reasonably

require.

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

the inspecting officer sheriff or deputy sheriff a fee of $2.00 for

each decal, plate, or tab affixed to the livery boats. The

inspecting officer shall forward all fees collected under this

subsection under subsection (1) to a livery boat other than a

livery boat described in section 44516(3). Fees collected under

this subsection shall be forwarded as follows:

     (a) Except as provided in subdivision (b), to the treasurer of

the county in which the fee is collected to be credited for the

purpose of reimbursing the sheriff's department for expenses

incurred pursuant to under this part. If the inspecting officer is

a conservation officer, fees collected under this section shall be

forwarded

     (b) If, pursuant to section 44516(6), a conservation officer

performs the inspection, to the department of treasury to be

credited to the marine safety subaccount of the waterways account.

     Sec. 44520. (1) The owner of a boat livery shall not rent or

lease a livery boat more than 20 feet in length to be used on

navigable water until except pursuant to a written rental contract

or lease agreement has been made between the boat livery owner and

the renter. or lessee.

     (2) A boat livery owner or his or her designated

representative or agent of the owner shall not permit a livery boat

to depart the premises of the boat livery if:relinquish physical

control of any livery boat to the person renting the livery boat or

someone in that person's party if any of the following apply:

     (a) The equipment required pursuant to rules promulgated under

this part is not aboard the livery boat.

     (b) The livery boat contains a number of persons individuals

in excess of the maximum number approved for the livery boat and

indicated on the inspection decal, plate, or tab affixed to the

livery boat.required to be displayed under subsection (4).

     (c) The livery boat is equipped with a motor with a horsepower

rating in excess of the maximum horsepower approved for the livery

boat and indicated on the inspection decal, plate, or tab affixed

to the livery boat.

     (3) The individual renting a livery boat, or an individual in

the renter's party, is not responsible for a violation of a rule

described in subsection (2)(a) if the livery boat or equipment was

in violation when the owner relinquished possession of the livery

boat to the renter or the individual in the renter's party.

     (4) A livery boat shall display the maximum number of persons

and maximum weight of persons, gear, and other items the livery

boat is capable of safely carrying under normal conditions. The

information may be displayed on the inspection decal, plate, or tab

required for a motorized livery boat; on a manufacturer's plate,

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

     Sec. 44520a. (1) An owner of a nonmotorized livery boat is not

liable for an injury to or the death of a user of the nonmotorized

livery boat resulting from a risk inherent in the use or operation

of a nonmotorized livery boat.

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

conspicuous locations a notice specifying that a user of the

nonmotorized livery boat accepts the risk inherent in the use or

operation of a nonmotorized livery boat.

     (3) As used in this section:

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

owns the nonmotorized livery boat, the boat livery that rents ,

leases, or furnishes the nonmotorized livery boat for use, or an

employee or agent of the owner or boat livery.

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

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

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

limited to 1 or more of the following:

     (i) Wave or other water motion.

     (ii) Weather conditions.

     (iii) Contact or maneuvers necessary to avoid contact with

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

     (iv) Contact or maneuvers necessary to avoid contact with rock,

sand, vegetation, or other natural objects in or near the water.

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

the owner of a nonmotorized livery boat.

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

have lifesaving equipment available, except if the owner of a

nonmotorized livery boat failed to provide the personal flotation

device or lifesaving equipment when required by law or regulation

to do so.

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

a nonmotorized livery boat leased or rented the livery boat to an

operator who the owner knew or in the exercise of reasonable care

should have known was disqualified by law or regulation from

operating the livery boat.

     (viii) Having on board a number of persons in excess of or

weight of persons, gear, and other items that exceeds the maximum

number approved for the livery boat, on board, except if in any of

the following circumstances:

     (A) If the owner of a nonmotorized livery boat knowingly

allowed the livery boat to leave the boat livery's premises with a

number of persons in excess of the maximum weight or number or

weight of persons, gear, and other items on board that exceeds the

maximum approved for the livery boat on board or did not properly

inform the user of the maximum weight or number of persons approved

for the livery boat.

     (B) If a nonmotorized livery boat did not display the maximum

number of persons or maximum weight of persons, gear, or other

items permitted to be carried on board as required under section

44520 when the boat livery owner relinquished physical control of

the livery boat to the renter or an individual in the renter's

party.

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

individual who participates in the use or operation of the

nonmotorized livery boat regardless of whether the person

individual rented or leased the nonmotorized livery boat.

     Sec. 44522a. In addition to inspections conducted for purposes

of section 44516 or under section 80166, a peace officer may

inspect any livery boat at a boat livery. The peace officer shall

give the owner of the boat livery at least 72 hours' advance notice

of an inspection under this section and shall conduct the

inspection at a reasonable time.

     Sec. 44524. (1) A person who violates this part or a rule

promulgated under this part is guilty of a misdemeanor , punishable

by imprisonment for not more than 1 year , or a fine of not more

than $1,000.00, or both.

     (2) When a vessel is operated in violation of section 44502,

44509, or 44514, 44516(1) or (2), the vessel may be seized as

evidence, and upon conviction of the owner, the vessel may be

condemned and confiscated in the same manner as provided for under

part 16.

     (3) A peace officer may issue an appearance ticket to any

person violating this part or a rule promulgated under this part.

     Enacting section 1. Sections 44514 and 44517 of the natural

resources and environmental protection act, 1994 PA 451, MCL

324.44514 and 324.44517, are repealed.

     Enacting section 2. This amendatory act takes effect January

1, 2013.