Bill Summary – FastDemocracy

HOUSE BILL NO. 6245
 December 04, 2024, Introduced by Reps. Wilson and Rheingans and referred to the Committee on
   Natural Resources, Environment, Tourism and Outdoor Recreation.
      A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 80103, 80104, 80176, 80181, 80182, 80183,
80187, 81101, 81134, 81136, 81137, 81144, 82101, 82127, 82137,
82138, 82139, and 82143 (MCL 324.80103, 324.80104, 324.80176,
80181, 324.80182, 324.80183, 324.80187, 324.81101, 324.81134,
81136, 324.81137, 324.81144, 324.82101, 324.82127, 324.82137,
82138, 324.82139, and 324.82143), sections 80103, 80181, 80182,
82137, and 82138 as added by 1995 PA 58, sections 80104, 81134, and
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as amended by 2020 PA 385, sections 80176, 80183, and 80187
     as amended by 2014 PA 402, section 81101 as amended by 2023 PA 210,
     sections 81136, 81137, and 81144 as amended by 2014 PA 405, and
     sections 82127, 82139, and 82143 as amended by 2014 PA 404.
                  THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 80103. As used in this part:
       (a) "Manufacturer" means a person engaged in any of the
 following:
       (i) The manufacture, construction, or assembly of boats or
 associated equipment.
       (ii) The manufacture or construction of components for boats
 and associated equipment to be sold for subsequent assembly.
       (iii) The importation of a boat or associated equipment into the
 state for sale.
       (b) "Marine law" means this part, a local ordinance adopted in
 conformity with this part, or a rule promulgated under this part.
       (c) "Marine safety act" means former Act No. 303 of the Public
 Acts of 1967.1967 PA 303.
       (d) "Marine safety program" means marine law enforcement,
 search and rescue operations, water safety education, recovery of
 drowned bodies, and boat livery inspections.
       (e) "Marihuana" means that term as defined in section 3 of the
 Michigan regulation and taxation of marihuana act, 2018 IL 1,
 333.27953.
       (f) (e) "Michigan vehicle code" means Act No. 300 of the
 Public Acts of 1949, being sections 257.1 to 257.923 of the
 Michigan Compiled Laws.1949 PA 300, MCL 257.1 to 257.923.
       (g) (f) "Motorboat" means a vessel propelled wholly or in part
 by machinery.
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       (h) (g) "Operate" means to be in control of a vessel while the
 vessel is under way and is not secured in some manner such as being
 docked or at anchor.
       (i) (h) "Operator" means the person who is in control or in
 charge of a vessel while that vessel is underway.
       (j) (i) "Owner" means a person who claims or is entitled to
 lawful possession of a vessel by virtue of that person's legal
 title or equitable interest in a vessel.
       Sec. 80104. As used in this part:
       (a) "Highly restricted personal information" means an
 individual's photograph or image, Social Security number, digitized
 signature, and medical and disability information.
       (b) "Passenger" means an individual carried on board, attached
 to, or towed by a vessel, other than the operator.
       (c) "Peace officer" means any of the following:
       (i) A sheriff.
       (ii) A sheriff's deputy.
       (iii) A deputy who is authorized by a sheriff to enforce this
 part and who has satisfactorily completed at least 40 hours of law
 enforcement training, including training specific to this part.
       (iv) A village or township marshal.
       (v) An officer of the police department of a municipality.
       (vi) An officer of the department of state police.
       (vii) The director and conservation officers employed by the
 department.
       (d) "Personal information" means information that identifies
 an individual, including an individual's driver license number,
 name, address not including zip code, and telephone number, but
 does not include information on watercraft operation and equipment-
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 related violations or civil infractions, operator or vehicle
 registration status, accidents, or other behaviorally related
 information.
       (e) "Personal watercraft" means that term as defined in 40 CFR
 1045.801.
       (f) "Political subdivision" means a county, metropolitan
 authority, municipality, or combination of those entities in this
 state. If a body of water is located in more than 1 political
 subdivision, all of the subdivisions shall act individually in
 order to comply with this part, except that if the problem is
 confined to a specific area of the body of water, only the
 political subdivision in which the problem waters lie shall act.
       (g) "Port" means left, and reference is to the port side of a
 vessel or to the left side of the vessel.
       (h) "Prior conviction" means a conviction for any of the
 following, whether under a law of this state, a local ordinance
 substantially corresponding to a law of this state, a law of the
 United States substantially corresponding to a law of this state,
 or a law of another state substantially corresponding to a law of
 this state:
       (i) A violation or an attempted violation of section 80176(1),
 (3), (4), (5), (6), or (7), except that only 1 violation or
 attempted violation of section 80176(6), a local ordinance
 substantially corresponding to section 80176(6), a law of another
 state substantially corresponding to section 80176(6), or a law of
 the United States substantially corresponding to section 80176(6)
 may be used as a prior conviction other than for enhancement
 purposes as provided in section 80178a(1)(b).
       (ii) Negligent homicide, manslaughter, or murder resulting from
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 the operation of a vessel or an attempt to commit any of those
 crimes.
        (iii) Former section 73, 73b, or 171(1) of the marine safety
 act.
        (i) "Probate court or family division disposition" means the
 entry of a probate court order of disposition or family division
 order of disposition for a child found to be within the provisions
 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
 712A.1 to 712A.32.
        (j) "Prosecuting attorney", unless the context requires
 otherwise, means the attorney general, prosecuting attorney of a
 county, or attorney representing a political subdivision of
 government.
        (k) "Regatta", "boat race", "marine parade", "tournament", or
 "exhibition" means an organized water event of limited duration
 that is conducted according to a prearranged schedule.
        (l) "Slow—no wake speed" means a very slow speed whereby the
 wake or wash created by the vessel would be minimal.
        (m) "Specialty court program" means a program under any of the
 following:
        (i) A drug treatment court, as defined in section 1060 of the
 revised judicature act of 1961, 1961 PA 236, MCL 600.1060, in which
 the participant is an adult.
        (ii) A DWI/sobriety court, as defined in section 1084 of the
 revised judicature act of 1961, 1961 PA 236, MCL 600.1084.
        (iii) A hybrid of the programs under subparagraphs (i) and (ii).
        (iv) A mental health court as defined in section 1090 of the
 revised judicature act of 1961, 1961 PA 236, MCL 600.1090.
        (v) A veterans treatment court, as defined in section 1200 of
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 the revised judicature act of 1961, 1961 PA 236, MCL 600.1200.
       (n) "Starboard" means right, and reference is to the starboard
 side of a vessel or to the right side of the vessel.
       (o) "State aid" means payment made by this state to a county
 for the conduct of a marine safety program.
       (p) "THC" means that term as defined in section 3 of the
 Michigan regulation and taxation of marihuana act, 2018 IL 1,
 333.27953.
       (q) (p) "Temporary ordinance" means a type of local ordinance
 adopted by a political subdivision of this state under section
 80112a that includes, but is not limited to, a local watercraft
 control or administrative rule.
       (r) (q) "Undocumented vessel" means a vessel that does not
 have, and is not required to have, a valid marine document issued
 by the United States Coast Guard or federal agency successor to the
 United States Coast Guard.
       (s) (r) "Uniform inspection decal" means an adhesive-backed
 sticker created by the department that is color-coded to indicate
 the year that it expires and is attached to a vessel in the manner
 prescribed for decals in section 80122 when a peace officer
 inspects and determines that the vessel complies with this part.
       (t) (s) "Use" means operate, navigate, or employ.
       (u) (t) "Vessel" means every description of watercraft used or
 capable of being used as a means of transportation on water.
       (v) (u) "Waters of this state" means any waters within the
 territorial limits of this state, and includes those waters of the
 Great Lakes that are under the jurisdiction of this state.
       (w) (v) "Waterways account" means the waterways account
 established in section 2035.
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       Sec. 80176. (1) A person shall not operate a motorboat on the
 waters of this state if any of the following apply:
       (a) The person is under the influence of alcoholic liquor or a
 controlled substance, or both.
       (b) The person has a blood alcohol content of 0.08 grams or
 more per 100 milliliters of blood, per 210 liters of breath, or per
 67 milliliters of urine.
       (c) The person has in his or her body any amount of a
 controlled substance listed in schedule 1 under section 7212 of the
 public health code, 1978 PA 368, MCL 333.7212, or a rule
 promulgated under that section, or of a controlled substance
 described in section 7214(a)(iv) of the public health code, 1978 PA
 368, MCL 333.7214.
       (2) The owner of a motorboat or a person in charge or in
 control of a motorboat shall not authorize or knowingly permit the
 motorboat to be operated on the waters of this state by a person if
 any of the following apply:
       (a) The person is under the influence of alcoholic liquor or a
 controlled substance, or both.
       (b) The person has a blood alcohol content of 0.08 grams or
 more per 100 milliliters of blood, per 210 liters of breath, or per
 67 milliliters of urine.
       (c) The person's ability to operate the motorboat is visibly
 impaired due to the consumption of alcoholic liquor, marihuana, or
 a controlled substance, or a of any combination of alcoholic liquor
 and a controlled substance.thereof.
       (3) A person shall not operate a motorboat on the waters of
 this state when, due to the consumption of an alcoholic liquor,
 marihuana, or a controlled substance, or both, of any combination
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 thereof, the person's ability to operate the motorboat is visibly
 impaired. If a person is charged with violating subsection (1), a
 finding of guilty under this subsection may be rendered.
       (4) A person who operates a motorboat on the waters of this
 state in violation of subsection (1) or (3) and by the operation of
 that motorboat causes the death of another person is guilty of a
 felony, punishable by imprisonment for not more than 15 years, or a
 fine of not less than $2,500.00 or more than $10,000.00, or both.
       (5) A person who operates a motorboat on the waters of this
 state in violation of subsection (1) or (3) and by the operation of
 that motorboat causes a serious impairment of a body function of
 another person is guilty of a felony, punishable by imprisonment
 for not more than 5 years, or a fine of not less than $1,000.00 or
 more than $5,000.00, or both. As used in this subsection, "serious
 impairment of a body function" means that term as defined in
 section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
       (6) A person who is less than 21 years of age, whether
 licensed or not, shall not operate a motorboat on the waters of
 this state if the person has any bodily alcohol content. As used in
 this subsection, "any bodily alcohol content" means either of the
 following:
       (a) An alcohol content of 0.02 grams or more but less than
 0.08 grams per 100 milliliters of blood, per 210 liters of breath,
 or per 67 milliliters of urine.
       (b) Any presence of alcohol within a person's body resulting
 from the consumption of alcoholic liquor, other than consumption of
 alcoholic liquor as a part of a generally recognized religious
 service or ceremony.
       (7) A person, whether licensed or not, is subject to the
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 following requirements:
       (a) He or she shall not operate a motorboat in violation of
 subsection (1), (3), (4), or (5) while another person who is less
 than 16 years of age is occupying the motorboat.
       (b) He or she shall not operate a motorboat in violation of
 subsection (6) while another person who is less than 16 years of
 age is occupying the motorboat.
       (8) As used in this section, "operate" means to be in control
 of a vessel propelled wholly or in part by machinery while the
 vessel is underway and is not docked, at anchor, idle, or otherwise
 secured.
       Sec. 80181. (1) The following apply with respect to a chemical
 test and analysis of a person's blood, urine, or breath, other than
 a preliminary chemical breath analysis:
       (a) The amount of alcohol, the amount or presence of THC, or
 the presence of a controlled substance, or both, any combination
 thereof, in an operator's blood at the time alleged as shown by
 chemical analysis of the person's blood, urine, or breath is
 admissible into evidence in any civil or criminal proceeding.
       (b) A person arrested for a crime described in section
 80187(1) shall be advised of all of the following:
       (i) That if the person takes a chemical test of his or her
 blood, urine, or breath administered at the request of a peace
 officer, the person has the right to demand that someone of the
 person's own choosing administer 1 of the chemical tests; that the
 results of the test are admissible in a judicial proceeding as
 provided under this part and shall be considered with other
 competent evidence in determining the innocence or guilt of the
 defendant; and that the person is responsible for obtaining a
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 chemical analysis of a test sample obtained pursuant to the
 person's own request.
       (ii) That if the person refuses the request of a peace officer
 to take a test described in subparagraph (i), the test shall not be
 given without a court order, but the peace officer may seek to
 obtain such a court order.
       (iii) That the person's refusal of the request of a peace
 officer to take a test described in subparagraph (i) will result in
 issuance of an order that the person not operate a vessel on the
 waters of this state for at least 6 months.
       (2) A sample or specimen of urine or breath shall be taken and
 collected in a reasonable manner. Only a licensed physician, or a
 licensed nurse or medical technician under the direction of a
 licensed physician, qualified to withdraw blood and acting in a
 medical environment, may withdraw blood at the request of a peace
 officer for the purpose of determining the amount of alcohol, the
 amount or presence of THC, or the presence of a controlled
 substance, or both, any combination thereof, in a person's blood,
 as provided in this subsection. A qualified person who withdraws or
 analyzes blood, or assists in the withdrawal or analysis, in
 accordance with this part is not liable for a crime or civil
 damages predicated on the act of withdrawing or analyzing blood and
 related procedures unless the withdrawal or analysis is performed
 in a negligent manner.
       (3) A rule relating to a chemical test for alcohol, THC, or a
 controlled substance promulgated under the Michigan vehicle code,
 Act No. 300 of the Public Acts of 1949, being sections 257.1 to
 257.923 of the Michigan Compiled Laws, 1949 PA 300, MCL 257.1 to
 257.923, applies to a chemical test administered under this part.
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       Sec. 80182. (1) A chemical test described in section 80181
 shall be administered