HOUSE BILL No. 4514


     March 18, 1997, Introduced by Reps. McNutt, Middaugh, Bodem, Anthony, Dalman, Gernaat, Tesanovich and Rhead and referred to the Committee on Conservation, Environment and Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 80142 (MCL 324.80142), as amended by 1996 PA

   174.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 80142.  (1) Except as provided in subsection (3), a

 2    person shall not operate a vessel on the waters of this state

 3    unless each person in an open deck area on board the vessel who

 4    is less than 6 years of age is wearing a type I,  or  type II, OR

 5    TYPE III personal flotation device as described in R 281.1234 of

 6    the Michigan administrative code.

 7         (2) A parent or guardian of a child less than 6 years of age

 8    who accompanies that child on board a vessel that is not a

 9    charter boat described in subsection (3) shall ensure that the




   02010'97                                                 VPW
                                              2

 1    child is wearing a personal flotation device that complies with

 2    this section.

 3         (3) This section does not apply to a charter boat bearing

 4    either of the following:

 5         (a) A valid certificate of inspection issued by the United

 6    States coast guard that verifies the charter boat's compliance

 7    with subchapter H or subchapter T of TITLE 46 OF the code of fed-

 8    eral regulations, 46 C.F.R. 70.01-1 to 80.40 and  175.01-1 

 9    175.100 to  185.30-30  185.910.

10         (b) A valid certificate of inspection issued by the depart-

11    ment for a class C vessel that is greater than 45 feet in

12    length.

13         (4) As used in this section, "charter boat" and "class C

14    vessel" mean those terms as defined in section 44501.

15         (5) A person who violates this section is responsible for a

16    state civil infraction and may be ordered to pay a civil fine of

17    not more than $100.00.























   02010'97          Final page.                            VPW