HOUSE BILL No. 4262


     February 11, 1997, Introduced by Reps. Llewellyn, McBryde, Gernaat, Walberg and Hammerstrom and referred to the Committee on Conservation, Environment and Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   (MCL 324.101 to 324.90106), by amending the title and by adding

   section 44522a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to protect the environment and natural resources of

 3    the state; to codify, revise, consolidate, and classify laws

 4    relating to the environment and natural resources of the state;

 5    to regulate the discharge of certain substances into the environ-

 6    ment; to regulate the use of certain lands, waters, and other

 7    natural resources of the state; to prescribe the powers and

 8    duties of certain state and local agencies and officials; TO

 9    PROVIDE FOR THE ASSUMPTION OF RISK RELATING TO THE USE OF CERTAIN

10    VESSELS; to provide for certain charges, fees, and assessments;


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 1    to prescribe penalties and provide remedies;  to repeal certain

 2     parts of this act on a specific date;  and to repeal  certain 

 3    acts and parts of acts.

 4         SEC. 44522A.  (1) THE OPERATOR OF A BOAT LIVERY THAT OFFERS

 5    TO RENT OR LEASE A CLASS E VESSEL FOR USE ON THE WATERS OF THIS

 6    STATE SHALL DO ALL OF THE FOLLOWING:

 7         (A) POST IN CONSPICUOUS LOCATIONS A NOTICE SPECIFYING THAT A

 8    PERSON WHO OPERATES A CLASS E VESSEL RENTED OR LEASED FROM A BOAT

 9    LIVERY ACCEPTS THOSE DANGERS INHERENT IN CLASS E VESSEL OPERATION

10    DESCRIBED IN SUBSECTION (2).

11         (B) REASONABLY MAINTAIN EACH POSTED NOTICE DESCRIBED IN SUB-

12    DIVISION (A).

13         (C) MAINTAIN IN A REASONABLY PRUDENT MANNER EACH CLASS E

14    VESSEL AND ARTICLE OF EQUIPMENT ASSOCIATED WITH THE VESSEL THAT

15    THE BOAT LIVERY OPERATOR OFFERS OR MAKES AVAILABLE TO THE

16    PUBLIC.

17         (D) WARN A PERSON WHO INTENDS TO OPERATE A CLASS E VESSEL

18    RENTED OR LEASED FROM THE BOAT LIVERY OF A KNOWN WATER-RELATED

19    CONDITION THAT MAY ENDANGER THE PERSON.

20         (2) A PERSON WHO OPERATES A CLASS E VESSEL RENTED OR LEASED

21    FROM A BOAT LIVERY OPERATOR WHO COMPLIES WITH SUBSECTION (1)

22    ACCEPTS THE DANGERS INHERENT IN CLASS E VESSEL OPERATION THAT ARE

23    OBVIOUS AND NECESSARY, WHICH INCLUDE BUT ARE NOT LIMITED TO THE

24    RISK OF INJURY FROM ANY OF THE FOLLOWING:

25         (A) CAPSIZING, UNLESS THE CAPSIZING WAS DUE TO A DEFECTIVE

26    VESSEL OR DEFECTIVE EQUIPMENT RENTED OR LEASED FROM THE BOAT

27    LIVERY OPERATOR.



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 1         (B) STRIKING OBJECTS ABOVE OR BENEATH THE WATER.

 2         (C) LOSS OF CONTROL OF THE VESSEL DUE TO A CURRENT OR OTHER

 3    WATER CONDITION, UNLESS THE LOSS OF CONTROL WAS THE RESULT OF A

 4    DEFECTIVE VESSEL OR DEFECTIVE EQUIPMENT LEASED FROM THE BOAT

 5    LIVERY OPERATOR.

 6         (D) FAILURE TO HEED A CLEARLY POSTED SIGN OR WARNING.












































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