HB-4845, As Passed Senate, April 18, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 4845

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 80101, 80141, and 80212 (MCL 324.80101,

324.80141, and 324.80212), section 80101 as amended by 2004 PA 547,

section 80141 as added by 1995 PA 58, and section 80212 as added by

2000 PA 229.

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

House Bill No. 4845 (S-1) as amended April 17, 2012

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)[, a province of the commonwealth of Canada, or

 another country].

     (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), this section, 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.

(c) (b) The motorboat he or she operates is powered by a motor

House Bill No. 4845 (S-1) as amended April 17, 2012

or motors totaling no more than 35 horsepower.

     (2) Except as otherwise provided in subsection (4), this

section, 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 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.

     (5) Beginning July 1, 2012, a person who is born on or after

July 1, 1996 shall not operate a motorboat on the waters of this

state unless the person has been issued and is in possession of a

[BOATING] safety certificate.

Sec. 80212. (1) The department shall issue a boating safety

certificate to each individual who successfully completes a boating

safety course as described in section 80211 and passes an

examination prescribed by the department. The examination shall be

administered in person and proctored by the department or an agent

of the department.

House Bill No. 4845 as amended February 23, 2012

     (2) The department shall consider the number of examinations

that are administered or proctored under this section when

calculating the state aid to counties under section 80117.

     (3) The department shall not issue a boating safety

certificate to an individual unless the individual has successfully

completed a boating safety course and passed an examination as

described in subsection (1). A boating safety certificate issued

under this section is valid, unless revoked, for the life of the

person who earned the certificate.

<<Enacting section 1. This amendatory act takes effect November 1, 2012.>>