June 30, 2011, Introduced by Reps. Foster and LaFontaine 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 80101, 80104, and 80141 (MCL 324.80101,
324.80104, and 324.80141), section 80101 as amended by 2004 PA 547,
section 80104 as amended by 2004 PA 587, and section 80141 as added
by 1995 PA 58; and to repeal acts and parts of acts.
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
this state.
(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
80212.
(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
safety.
(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.
(h) (f)
"Controlled substance"
means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(i) (g)
"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.
Sec. 80141. (1) Except as otherwise provided in subsection
(4), 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.
(b)
(a) He or she is under the direct supervision of a
person
on board the motorboat who is 16 years of age or older and who has
been issued and is in possession of both a boating safety
certificate and a watercraft endorsement.
(c) (b)
The motorboat he or she operates is
powered by a motor
or motors totaling no more than 35 horsepower.
(2) Except as otherwise provided in subsection (4), 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.
(3)
A person 12 through 15 years of age operating or
supervising
the operation of a motorboat pursuant
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.
Enacting section 1. Section 80215 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.80215, is
repealed.