HOUSE BILL NO. 4327

February 24, 2021, Introduced by Reps. Eisen, Outman, Beeler, Paquette and Hornberger and referred to the Committee on Natural Resources and Outdoor Recreation.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 80101 and 80146 (MCL 324.80101 and 324.80146), section 80101 as amended by 2014 PA 402 and section 80146 as amended by 2020 PA 70.

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) "Alcoholic liquor" means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257.1d.

(c) "Anchored rafts" means all types of nonpowered rafts used for recreational purposes that are anchored seasonally on waters of this state.

(d) "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 when the boat was manufactured, or a similar system, part, or component manufactured or sold for as a replacement.

(ii) Repair A 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.

(e) "Boat" means a vessel.

(f) "Boat livery" means a business that holds a vessel for renting, leasing, or chartering.

(g) "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 A boating safety certificate issued under section 80212.

(ii) A document issued by the United States coast guard auxiliary Coast Guard Auxiliary or United States power squadron Power Squadron that certifies that the individual named in the document has successfully completed a United States coast guard auxiliary 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, but only on the date or dates indicated on the rental agreement and while the named individual named in the rental agreement is operating a personal watercraft leased, hired, or rented from a boat livery.

(h) "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 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.

(i) "Connecting waterway" means the St. Marys River, Detroit River, St. Clair River, or Lake St. Clair.

(j) (i) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(k) (j) "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. 80146. (1) The department may promulgate rules to establish maximum vessel speed limits or to allow unlimited vessel speed on the waters of this state.

(2) On waters of this