February 4, 2003, Introduced by Reps. Palsrok, Walker, Steil, Tabor, Ehardt, Robertson, Taub, Casperson, Hoogendyk, Caswell, Brandenburg, Shackleton, Ward, Bradstreet, Emmons, Hune, Stahl, Brown, Shaffer, Sheen, Pumford, Sheltrown, Moolenaar and Palmer and referred to the Committee on Conservation and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 44520a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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) As used in this section:
6 (a) "Owner of a nonmotorized livery boat" means the person
7 who owns the nonmotorized livery boat, the boat livery that
8 rents, leases, or furnishes the nonmotorized livery boat for use,
9 or an employee or agent of the owner or boat livery.
10 (b) "Risk inherent in the use or operation of a nonmotorized
11 livery boat" means a danger or condition that is an integral part
1 of using or operating a nonmotorized livery boat, including, but
2 not limited to, 1 or more of the following:
3 (i) Wave or other water motion.
4 (ii) Weather conditions.
5 (iii) Contact or maneuvers necessary to avoid contact with
6 another vessel or a manmade object in or near the water.
7 (iv) Contact or maneuvers necessary to avoid contact with
8 rock, sand, vegetation, or other natural objects in or near the
9 water.
10 (v) Malfunction of equipment, except for equipment owned by
11 the owner of a nonmotorized livery boat.
12 (vi) Failure to use or wear a personal flotation device or to
13 have lifesaving equipment available, except if the owner of a
14 nonmotorized livery boat failed to provide the personal flotation
15 device or lifesaving equipment when required by law or regulation
16 to do so.
17 (vii) The actions of a vessel operator, except if the owner
18 of a nonmotorized livery boat knowingly leased or rented the
19 livery boat to an operator who was disqualified by law or
20 regulation from operating the livery boat.
21 (viii) Having a number of persons in excess of the maximum
22 number approved for the livery boat onboard, except if the owner
23 of a nonmotorized livery boat knowingly allowed the livery boat
24 to leave the boat livery's premises with a number of persons in
25 excess of the maximum number approved for the livery boat
26 onboard.
27 (c) "User of the nonmotorized livery boat" means a person who
1 participates in the use or operation of the nonmotorized livery
2 boat regardless of whether the person rented or leased the
3 nonmotorized livery boat.