SENATE BILL NO. 682 September 21, 1999, Introduced by Senator JAYE and referred to the Committee on Judiciary. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80101, 80102, 80104, 80113, 80124, 80125, 80131, 80142, 80144, 80146, 80150, 80152, 80154, 80159, 80166, 80167, 80168, 80169, 80170, 80171, 80176, 80180, 80198a, and 80198b (MCL 324.80101, 324.80102, 324.80104, 324.80113, 324.80124, 324.80125, 324.80131, 324.80142, 324.80144, 324.80146, 324.80150, 324.80152, 324.80154, 324.80159, 324.80166, 324.80167, 324.80168, 324.80169, 324.80170, 324.80171, 324.80176, 324.80180, 324.80198a, and 324.80198b), sections 80101, 80102, 80113, 80124, 80125, 80131, 80144, 80146, 80150, 80152, 80154, 80159, 80166, 80167, 80168, 80169, 80170, 80171, 80198a, and 80198b as added by 1995 PA 58, section 80104 as amended by 1997 PA 102, and sections 80142, 80176, and 80180 as amended by 1996 PA 174, and by adding sections 80168a, 80193a, 80199a, 80199b, 80199c, 02678'99 TLG 2 80199d, 80199e, 80199f, 80199g, and 80199h; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 80101. As used in this part: 2 (a) "Anchored rafts" means all types of nonpowered rafts 3 used for recreational purposes that are anchored seasonally on 4 waters of this state. 5 (b) "Associated equipment" means any of the following that 6 are not radio equipment: 7 (i) An original system, part, or component of a boat at the 8 time that boat was manufactured, or a similar part or component 9 manufactured or sold for replacement. 10 (ii) Repair or improvement of an original or replacement 11 system, part, or component. 12 (iii) An accessory or equipment for, or appurtenance to, a 13 boat. 14 (iv) A marine safety article, accessory, or equipment 15 intended for use by a person on board a boat. 16 (c) "Boat" means a vessel. 17 (d) "Boat livery" means a business that holds a vessel for 18 renting, leasing, or chartering. 19 (E) "CITATION" MEANS A WRITTEN COMPLAINT OR NOTICE TO APPEAR 20 IN COURT UPON WHICH A PEACE OFFICER RECORDS THE OCCURRENCE OR 21 EXISTENCE OF 1 OR MORE MARINE LAW VIOLATIONS BY THE PERSON CITED. 22 (F) "CIVIL INFRACTION DETERMINATION" MEANS THAT TERM AS 23 DEFINED IN SECTION 8801 OF THE REVISED JUDICATURE ACT OF 1961, 24 1961 PA 236, MCL 600.8801. 02678'99 3 1 (G)(e)"Controlled substance" means that term as defined 2 in section 7104 of the public health code,Act No. 368 of the3Public Acts of 1978, being section 333.7104 of the Michigan4Compiled Laws1978 PA 368, MCL 333.7104. 5 (H)(f)"Conviction" means a final conviction, the payment 6 of a fine, a plea of guilty or nolo contendere if accepted by the 7 court, a finding of guilt, or a probate court disposition on a 8 violation of this part, regardless of whether the penalty is 9 rebated or suspended. 10 Sec. 80102. As used in this part: 11 (a) "Dealer" means a person and an authorized representative 12 of that person who annually purchases from a manufacturer, or who 13 is engaged in selling or manufacturing, 6 or more vessels that 14 require certificates of number under this part. 15 (b) "Identification document" means any of the following: 16 (i) A valid Michigan operator's or chauffeur's license. 17 (ii) A valid driver's or chauffeur's license issued by an 18 agency, department, or bureau of the United States or another 19 state. 20 (iii) An official identification card issued by an agency, 21 department, or bureau of the United States, this state, or 22 another state. 23 (iv) An official identification card issued by a political 24 subdivision of this state or another state. 25 (C) "GUARANTEED APPEARANCE CERTIFICATE" MEANS A CARD OR CER- 26 TIFICATE CONTAINING A PRINTED STATEMENT THAT A SURETY COMPANY 27 AUTHORIZED TO DO BUSINESS IN THIS STATE GUARANTEES THE APPEARANCE 02678'99 4 1 OF THE PERSON WHOSE SIGNATURE APPEARS ON THE CARD OR CERTIFICATE, 2 AND THAT IF THE PERSON FAILS TO APPEAR IN COURT AT THE TIME OF 3 TRIAL OR SENTENCING OR OF A SCHEDULED INFORMAL OR FORMAL HEARING 4 OR TO PAY ANY FINE OR COSTS IMPOSED, THE COMPANY WILL PAY ANY 5 FINE, COSTS, OR BOND FORFEITURE IMPOSED ON THE PERSON IN A TOTAL 6 AMOUNT NOT TO EXCEED $200.00. 7 (D)(c)"Issuing authority" means the United States coast 8 guard or a state that has a numbering system approved by the 9 United States coast guard. 10 (E) "JUDICIAL DISTRICT" MEANS THAT TERM AS DEFINED IN SEC- 11 TION 1 OF CHAPTER I OF THE CODE OF CRIMINAL PROCEDURE, 1927 12 PA 175, MCL 761.1. 13 (F)(d)"Law of another state" means a law or ordinance 14 enacted by another state or by a local unit of government in 15 another state. 16 (G)(e)"Lifeboat" means a small boat designated and used 17 solely for lifesaving purposes, and does not include a dinghy, 18 tender, speedboat, or other type of craft that is not carried 19 aboard a vessel for lifesaving purposes. 20(f) "Long-term incapacitating injury" means an injury that21causes serious impairment of a body function.22 Sec. 80104. As used in this part: 23 (a) "Highly restricted personal information" means an 24 individual's photograph or image, social security number, digi- 25 tized signature, and medical and disability information. 26 (b) "Passenger" means a person carried on board a vessel 27 other than any of the following: 02678'99 5 1 (i) The owner or his or her representative. 2 (ii) The operator. 3 (c) "Peace officer" means any of the following: 4 (i) A sheriff. 5 (ii) A sheriff's deputy. 6 (iii) A deputy who is authorized by a sheriff to enforce 7 this part and who has satisfactorily completed at least 40 hours 8 of law enforcement training, including training specific to this 9 part. 10 (iv) A village or township marshal. 11 (v) An officer of the police department of any 12 municipality. 13 (vi) An officer of the Michigan state police. 14 (vii) The director and conservation officers employed by the 15 department. 16 (d) "Personal information" means information that identifies 17 an individual, including an individual's driver identification 18 number, name, address not including zip code, and telephone 19 number, but does not include information on watercraft operation 20 and equipment-related violations or civil infractions, operator 21 or vehicle registration status, accidents, or other 22 behaviorally-related information. 23 (e) "Personal watercraft" means a vessel that meets all of 24 the following requirements: 25 (i) Uses a motor-driven propeller or an internal combustion 26 engine powering a water jet pump as its primary source of 27 propulsion. 02678'99 6 1 (ii) Is designed without an open load carrying area that 2 would retain water. 3 (iii) Is designed to be operated by 1 or more persons posi- 4 tioned on, rather than within, the confines of the hull. 5 (f) "Political subdivision" means any county, metropolitan 6 authority, municipality, or combination of those entities in this 7 state. Whenever a body of water is located in more than 1 polit- 8 ical subdivision, all of the subdivisions shall act individually 9 in order to comply with this part, except that if the problem is 10 confined to a specific area of the body of water, only the polit- 11 ical subdivision in which the problem waters lie shall act. 12 (g) "Port" means left, and reference is to the port side of 13 a vessel or to the left side of the vessel. 14 (h) "Probate court or family division disposition" means the 15 entry of a probate court order of disposition or family division 16 order of disposition for a child found to be within the provi- 17 sions of chapter XIIA of THE PROBATE CODE OF 1939, 1939 PA 288, 18 MCL712a.1 to 712a.32712A.1 TO 712A.32. 19 (i) "Prosecuting attorney", except as the context requires 20 otherwise, means the attorney general, the prosecuting attorney 21 of a county, or the attorney representing a political subdivision 22 of government. 23 (j) "Regatta", "boat race", "marine parade", "tournament", 24 or "exhibition" means an organized water event of limited dura- 25 tion that is conducted according to a prearranged schedule. 26 (k) "Slow--no wake speed" means a very slow speed whereby 27 the wake or wash created by the vessel would be minimal. 02678'99 7 1 (l) "Starboard" means right, and reference is to the 2 starboard side of a vessel or to the right side of the vessel. 3 (m) "State aid" means payment made by the state to a county 4 for the conduct of a marine safety program. 5 (N) "STATE CIVIL INFRACTION" MEANS THAT TERM AS DEFINED IN 6 SECTION 113 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, 7 MCL 600.113. 8 (O)(n)"Undocumented vessel" means a vessel that does not 9 have, and is not required to have, a valid marine document issued 10 by the United States coast guard or federal agency successor to 11 the United States coast guard. 12 (P)(o)"Uniform inspection decal" means an 13 adhesive-backed sticker created by the departmentpursuant to14 UNDER section 80166 that is color-coded to indicate the year that 15 it expires and is attached to a vessel in the manner prescribed 16 for decals in section 80122 when a peace officer inspects and 17 determines that the vessel complies with this part. 18 (Q)(p)"Use" means operate, navigate, or employ. 19 (R)(q)"Vessel" means every description of watercraft 20 used or capable of being used as a means of transportation on 21 water. 22 (S)(r)"Waters of this state" means any waters within the 23 territorial limits of this state, and includes those waters of 24 the Great Lakes that are under the jurisdiction of this state. 25 Sec. 80113. (1) State, county, and local peace officers 26 shall enforce local ordinances enacted in accordance with this 27 part. 02678'99 8 1 (2) All rules promulgated under this section and sections 2 80108, 80110, 80111, and 80112 before March 17, 1986 shall remain 3 in effect unless rescinded pursuant to the administrative proce- 4 dures act of 1969,Act No. 306 of the Public Acts of 1969, being5sections 24.201 to 24.328 of the Michigan Compiled Laws1969 6 PA 306, MCL 24.201 TO 24.328. 7 (3)LocalA politicalsubdivisionsSUBDIVISION may enact 8 as an ordinance any or all of sections 80101 to 80104, 80122 to 9 80124, 80126, 80140, 80141, 80144 to8015380152, 80155, 80164, 10 80165,and80166 to 80173, AND 80176. 11 Sec. 80124. (1) Except as otherwise provided in this sec- 12 tion, the owner of a vessel required to be numbered and to dis- 13 play a decal shall file an application for a certificate of 14 number with the secretary of state. The secretary of state shall 15 prescribe and furnish certificate of title application forms. If 16 a vessel requiring a certificate of title under part 803 is sold 17 by a dealer, that dealer shall combine the application for a cer- 18 tificate of number that is signed by the vessel owner with the 19 application for a certificate of title. The dealer shall obtain 20 the certificate of number in the name of the owner. The owner of 21 the vessel shall sign the application. A person shall not file 22 an application for a certificate of number that contains false 23 information. A dealer who fails to submit an application as 24 required by this section is guilty of a misdemeanor, punishable 25 by imprisonment for not more than 90 days, or a fine of not more 26 than $100.00, or both. 02678'99 9 1 (2) A dealer who submits an application for a certificate of 2 number as provided in subsection (1) may issue to the owner of 3 the vessel a 15-day temporary permit, on forms prescribed by the 4 secretary of state, for the use of the vessel while the certifi- 5 cate of number is being issued. 6 (3) A dealer may issue a 15-day permit, on a form prescribed 7 by the secretary of state, for the use of a vessel purchased in 8 this state and delivered to the purchaser for removal to a place 9 outside of this state, if the purchaser certifies by his or her 10 signature that the vessel will be registered and primarily used 11 and stored outside of this state and will not be returned to this 12 state by the purchaser for use or storage. A certificate of 13 number shall not be issued for a vessel holding a permit under 14 this subsection. 15 (4) A 15-day temporary permit issued under subsection (2) or 16 (3) shall not be renewed or extended. 17 (5) A person shall operate or permit the operation of a 18 vessel for which a 15-day temporary permit has been issued under 19 this section only if the temporary permit is valid and displayed 20 on the vessel as prescribed by rule promulgated by the department 21 under this part. 22 (6) Except as otherwise provided in this section, an appli- 23 cant shall pay the following fee at the time of application: 24 (a) A 15-day temporary permit issued under subsec- 25 tion (3)............................................... $ 10.00 26 (b) Nonpowered vessels, other than nonmotorized 27 canoes or kayaks, except as provided in section 80123.. 9.00 02678'99 10 1 (c) Nonmotorized canoes or kayaks except as 2 provided in section 80123.............................. 5.00 3 (d) Motorboats less than 12 feet in length........ 14.00 4 (e) Motorboats 12 feet or over but less than 16 5 feet in length......................................... 17.00 6 (f) Motorboats 16 feet or over but less than 21 7 feet in length......................................... 42.00 8 (g) Motorboats 21 feet or over but less than 28 9 feet in length......................................... 115.00 10 (h) Motorboats 28 feet or over but less than 35 11 feet in length......................................... 168.00 12 (i) Motorboats 35 feet or over but less than 42 13 feet in length......................................... 244.00 14 (j) Motorboats 42 feet or over but less than 50 15 feet in length......................................... 280.00 16 (k) Motorboats 50 feet in length or over.......... 448.00 17 (l) Pontoon vessels regardless of size............ 23.00 18 (m) Motorized canoes regardless of size........... 14.00 19 (n) Vessels licensed under part 473............... 15.00 20 (o) Vessels carrying passengers for hire that are 21 in compliance with part 445, or under federal law; and 22 vessels carrying passengers and freight or freight only 23 and owned within this state or hailing from a port 24 within this state...................................... 45.00 25 (7) The length of a vessel is the distance from end to end 26 over the deck, excluding the longitudinal upward or downward 02678'99 11 1 curve of the deck, fore and aft. A pontoon boat shall be 2 measured by the length of its deck, fore and aft. 3 (8) Payment of the fee specified in this section exempts the 4 vessel from the tax imposed by the general property tax act,Act5No. 206 of the Public Acts of 1893, being sections 211.1 to6211.157 of the Michigan Compiled Laws1893 PA 206, MCL 211.1 TO 7 211.157. 8 (9) Upon receipt of an initial application for a certificate 9 of number in approved form and payment of the required fee, the 10 secretary of state shall enter the information upon the official 11 records and issue to the applicant a certificate of number con- 12 taining the number awarded to the vessel, the name and address of 13 the owner, and other information that the secretary of state 14 determines necessary. The secretary of state shall issue a cer- 15 tificate of number that is pocket size and legible. Except as 16 provided in subsection (13), a person operating a vessel shall 17 present that vessel's certificate of number to a peace officer 18 upon the peace officer's request. A PERSON WHO FAILS TO PRESENT 19 A CERTIFICATE OF NUMBER UPON A PEACE OFFICER'S REQUEST UNDER THIS 20 SUBSECTION IS RESPONSIBLE FOR A STATE CIVIL INFRACTION. 21 (10) If a check or draft payable to the secretary of state 22 under this part is not paid on its first presentation, the fee or 23 tax is delinquent as of the date the draft or check was 24 tendered. The person tendering the check or draft remains liable 25 for the payment of each fee or tax and a penalty. 26 (11) Upon determining that a fee or tax required by this 27 part has not been paid and remains unpaid after reasonable notice 02678'99 12 1 and demand, the secretary of state may suspend a certificate of 2 number. 3 (12) If a person who tenders a check or draft described in 4 subsection (10) fails to pay a fee or tax within 15 days after 5 the secretary of state gives him or her notice that the check or 6 draft described in subsection (10) was not paid on its first pre- 7 sentation, the secretary of state shall assess and collect a pen- 8 alty of $5.00 or 20% of the check or draft, whichever is larger, 9 in addition to the fee or tax. 10 (13) The owner or authorized agent of the owner of a vessel 11 less than 26 feet in length that is leased or rented to a person 12 for noncommercial use for not more than 24 hours may retain, at 13 the place from which the vessel departs or returns to the posses- 14 sion of the owner or the owner's representative, the certificate 15 of number for that vessel if a copy of the lease or rental agree- 16 ment is on the vessel. Upon the demand of a peace officer, the 17 operator shall produce for inspection either the certificate of 18 number or a copy of the lease or rental agreement for that 19 vessel. The lease or rental agreement shall contain each of the 20 following: 21 (a) The vessel number that appears on the certificate of 22 number. 23 (b) The period of time for which the vessel is leased or 24 rented. 25 (c) The signature of the vessel's owner or that person's 26 authorized agent. 02678'99 13 1 (d) The signature of the person leasing or renting the 2 vessel. 3 (14) Upon receipt of a certificate of number for a vessel, 4 the owner of that vessel shall paint on or attach in a permanent 5 manner to each side of the forward half of the vessel the number 6 identified in the certificate of number, in the manner prescribed 7 by rules promulgated by the department. The secretary of state 8 shall assign to the owner of vessels for rent or lease a block of 9 numbers sufficient to number consecutively all of that owner's 10 rental or lease vessels. The owner shall maintain the numbers in 11 a legible condition. A vessel documented by the United States 12 coast guard or a federal agency that is the successor to the 13 United States coast guard is not required to display numbers 14 under this part but shall display a decal indicating payment of 15 the fee prescribed in subsection (6), and shall otherwise be in 16 compliance with this part. This subsection does not apply to a 17 nonpowered vessel 12 feet or less in length. AN OWNER OF A 18 VESSEL WHO VIOLATES THIS SUBSECTION IS RESPONSIBLE FOR A STATE 19 CIVIL INFRACTION. 20 (15) Upon receipt of an application for a certificate of 21 number in an approved form and payment of the fee required by 22 this part, the secretary of state shall issue a decal that is 23 color-coded and dated to identify the year of its expiration, and 24 that indicates that the vessel is numbered in compliance with 25 this part. The department shall promulgate a rule or rules to 26 establish the manner in which the decal is to be displayed. A 02678'99 14 1 PERSON WHO VIOLATES THAT RULE OR THOSE RULES IS RESPONSIBLE FOR A 2 STATE CIVIL INFRACTION. 3 (16) A decal is valid for a 3-year period that begins on 4 April 1 and expires on March 31 of the third year. An original 5 certificate of number may be issued up to 90 days prior to 6 April 1. A numbering renewal decal or other renewal device may 7 be issued up to 90 days prior to the expiration of a 8 certificate. 9 (17) Upon receipt of a request for renewal of a decal and 10 payment of the fee prescribed in subsection (6), the secretary of 11 state shall issue to the applicant a decal as provided in subsec- 12 tion (15). 13 (18) The numbering system adoptedpursuant toUNDER this 14 part shall be in accordance with the standard system of numbering 15 established by the secretary of the department in which the 16 United States coast guard operates. 17 (19) An agency of this state, a political subdivision of 18 this state, or a state supported college or university of this 19 state that owns a vessel that is required to be numbered under 20 this part shall register that vessel and upon payment of either 21 of the following shall receive from the secretary of state a cer- 22 tificate of number for that vessel: 23 (a) A fee of $3.00 for a vessel that is not used for recrea- 24 tional, commercial, or rental purposes. 25 (b) The fee required under subsection (6) for a vessel that 26 is used for recreational, commercial, or rental purposes. 02678'99 15 1 (20) The secretary of state shall, upon receipt of payment 2 of the fee required under subsection (19), issue a certificate of 3 number for each vessel subject to subsection (19). 4 (21) A vessel that is 30 years of age or older and not used 5 other than in club activities, exhibitions, tours, parades, and 6 other similar activities is a historic vessel. The secretary of 7 state shall make available to the public application forms for 8 certificates of number for historic vessels and, upon receipt of 9 a completed application form and fee, shall number a historic 10 vessel as a historic vessel. The fee for the numbering of a his- 11 toric vessel is 1/3 of the otherwise applicable fee specified in 12 subsection (6). 13 (22) Upon application to the secretary of state, the owner 14 of a nonmotorized canoe or kayak who registered that vessel under 15 formerAct No. 303 of the Public Acts of 19671967 PA 303 16 between January 1, 1989 and April 17, 1990 shall receive a refund 17 of a portion of the registration fee equal to the difference in 18 the amount that owner paid and the fee amount provided in subsec- 19 tion (6)(c). 20 (23) The secretary of state shall refund to the owner of a 21 vessel registered under this part or formerAct No. 303 of the22Public Acts of 19671967 PA 303 all of the registration fee paid 23 for that vesselpursuant toUNDER this section or section 33 of 24 formerAct No. 303 of the Public Acts of 19671967 PA 303 if 25 all of the following conditions are met during the period for 26 which the registration fee was paid: 02678'99 16 1 (a) The owner transfers or assigns title or interest in the 2 registered vessel before placing the decal issued under 3 subsection (15) on the vessel. 4 (b) The owner surrenders the unused decal to the secretary 5 of state within 30 days after the date of transfer or 6 assignment. 7 (24) The secretary of state shall refund to the surviving 8 spouse of a deceased vessel owner the registration fee paid pur- 9 suant to this part, prorated on a monthly basis, upon receipt of 10 the decal issued under subsection (15) or evidence satisfactory 11 to the secretary of state that the decal issued under 12 subsection (15) has been destroyed or voided. 13 (25) If the secretary of state computes a fee under this 14 part that results in a figure other than a whole dollar amount, 15 the secretary of state shall round the figure to the nearest 16 whole dollar. 17 Sec. 80125. (1) The owner of a vessel shall notify the sec- 18 retary of state within 15 days if the vessel is destroyed, aban- 19 doned, or sold,;OR if an interest in the vessel is trans- 20 ferred, either wholly or in part, to another person.; or if the21owner's address no longer conforms to the address appearing on22the certificate of number.The notice shall consist of a surren- 23 der of the certificate of number, on whichBEARING the 24properinformationshall be noted on a place to be provided on25the certificateREQUIRED UNDER THIS SECTION.WhenIF the sur- 26 render of the certificate is due to the vessel being destroyed or 27 abandoned, the secretary of state shall cancel the certificate 02678'99 17 1 and enter that fact in the secretary of state's records, and the 2 number may be reassigned. 3 (2) THE OWNER OF A VESSEL SHALL NOTIFY THE SECRETARY OF 4 STATE IF THE OWNER'S ADDRESS NO LONGER CONFORMS TO THE ADDRESS 5 APPEARING ON THE CERTIFICATE OF NUMBER. A PERSON WHO VIOLATES 6 THIS SUBSECTION IS RESPONSIBLE FOR A STATE CIVIL INFRACTION. 7 (3)(2) The owner of a destroyed vessel, upon properUPON 8 application, THE OWNER OF A DESTROYED VESSEL may receive a new 9 certificate of number FOR A REPLACEMENT VESSEL, valid for the 10 remainder of the numbering period,for a replacement vessel,if 11 all of the following conditions are met: 12 (a) The replacement vessel is owned by the same person who 13 owned the destroyed vessel. 14 (b) The owner of the replacement vessel pays additional 15 fees, if required under section 80124, due to the change in 16 vessel size or classification. 17 (c)Payment ofTHE OWNER OF THE REPLACEMENT VESSEL PAYS a 18 $2.00 application fee. 19 (4)(3)If the fees required for the replacement vessel 20 under section 80124 are less than the fees that were required for 21 the destroyed vessel, the owner of the vessel shall not receive a 22 refund. 23 (5)(4)If the surrender of the certificate of number is 24 due to a change of the owner's address, the new address shall be 25 recorded by the secretary of state and a certificate of number 26 bearing that information shall be returned to the owner. 02678'99 18 1 (6)(5) The transferee of a vessel registered under this2part, withinWITHIN 15 days afteracquisition of theACQUIRING 3 A vessel, THE TRANSFEREE OF A VESSEL REGISTERED UNDER THIS PART 4 shallmake applicationAPPLY to the secretary of state for 5 transferto the transfereeof the certificate of number issued 6 to the vessel TO THE TRANSFEREE. The transferee shall provide 7 his or her name, address, and the number of the vessel and pay to 8 the secretary of state a transfer fee of $2.00. The registration 9 fee for the certificate of number shall be 2/3 the fee provided 10 in section 80124 if the transferred certificate of number would 11 have remained valid for 1 year or less. The registration fee for 12 the certificate of numbershall beIS 1/3 the fee provided in 13 section 80124 if the transferred certificate of number would have 14 remained valid for more than 1 year but less than 2 years.An15 THE SECRETARY OF STATE SHALL NOT ASSESS AN additional registra- 16 tion feeshall not be assessedif the transferred registration 17 would have remained valid for 2 or more years. Unless the appli- 18 cation is made and the fee paid within 15 days after acquisition 19 of the vessel, the vessel shall be considered to be without cer- 20 tificate of number and a person shall not operate the vessel 21 until a certificate is issued. Upon receipt of the application 22 and appropriate fees, the secretary of state shall transfer the 23 certificate of number issued for the vessel to thenew owner24 TRANSFEREE. The certificate of numbershall beIS valid for a 25 3-year period. 02678'99 19 1 (7)(6)If a certificate of number is lost, mutilated, or 2 illegible, the owner of the vessel shall obtain a duplicate of 3 the certificate upon application and payment of a fee of $2.00. 4 Sec. 80131. (1) Each municipal judge and each clerk of a 5 court of record shall keep a full record of every case in which a 6 person is charged with or cited for a violation ofthis part or7of a local ordinance corresponding to this partA MARINE LAW 8 regulating the operation of vessels. 9 (2) Within 14 days after a conviction, forfeiture of bail, 10 entry of a civil infraction determination, or default judgment 11 upon a charge of, or citation for, violatingthis part or a12local ordinance corresponding to this partA MARINE LAW regulat- 13 ing the operation of vessels, except as provided in subsection 14 (11), the municipal judge or clerk of the court of record shall 15 prepare and immediately forward to the secretary of state an 16 abstract of the record of the court for the case. The abstract 17 shall be certified to be true and correct by signature, stamp, or 18 facsimile signature by the person required to prepare the 19 abstract. If a city or village department, bureau, or person is 20 authorized to accept a payment of money as a settlement for a 21 violation of a local ordinance corresponding to this part, the 22 city or village department, bureau, or person shall send a full 23 report of each case in which a person pays any amount of money to 24 the city or village department, bureau, or person to the secre- 25 tary of state upon a form prescribed by the secretary of state. 02678'99 20 1 (3) The abstract or report required under this section shall 2 be made upon a form furnished by the secretary of state and shall 3 include all of the following: 4 (a) The name, address, and date of birth of the person 5 charged or cited. 6 (b) The date and nature of the violation. 7 (c) The type of vessel operated at the time of the 8 violation. 9 (d) The date of the conviction, finding, forfeiture, judg- 10 ment, or determination. 11 (e) Whether bail was forfeited. 12 (f) Any order issued by the courtpursuant toUNDER this 13 part. 14 (g) Other information considered necessary to the secretary 15 of state. 16 (4) As used in subsections (5) to (7), "felony in which a 17 vessel was used" means a felony during the commission of which 18 the person operated a vessel and while operating the vessel 19 presented real or potential harm to persons or property and 1 or 20 more of the following circumstances existed: 21 (a) The vessel was used as an instrument of the felony. 22 (b) The vessel was used to transport a victim of the 23 felony. 24 (c) The vessel was used to flee the scene of the felony. 25 (d) The vessel was necessary for the commission of the 26 felony. 02678'99 21 1 (5) If a person is charged with a felony in which a vessel 2 was used, the prosecuting attorney shall include the following 3 statement on the complaint and information filed in THE 4 MUNICIPAL, district, or circuit court: 5 "You are charged with the commission of a felony in which a 6 vessel was used. If you are convicted and the judge finds that 7 the conviction is for a felony in which a vessel was used, as 8 defined in section 80131 of the natural resources and environmen- 9 tal protection act, the secretary of state will order you not to 10 operate a vessel on the waters of this state.". 11 (6) If achildPERSON LESS THAN 17 YEARS OF AGE is accused 12 of an act the nature of which constitutes a felony in which a 13 vessel was used, the prosecuting attorney or juvenile court shall 14 include the following statement on the petition filed in the pro- 15 bate court: 16 "You are accused of an act the nature of which constitutes a 17 felony in which a vessel was used. If the accusation is found to 18 be true and the judge or referee finds that the nature of the act 19 constitutes a felony in which a vessel was used, as defined in 20 section 80131 of the natural resources and environmental protec- 21 tion act, the secretary of state will order you not to operate a 22 vessel on the waters of this state.". 23 (7) If the judge or juvenile court referee determines as 24 part of the sentence or disposition that the felony for which the 25 defendant was convicted or adjudicated and with respect to which 26 notice was givenpursuant toUNDER subsection (5) or (6) is a 27 felony in which a vessel was used, the clerk of the court shall 02678'99 22 1 forward an abstract of the court record of that conviction or 2 adjudication to the secretary of state. 3 (8) Every person required to forward abstracts to the secre- 4 tary of state under this section shall certify for the period 5 from January 1 through June 30 and for the period from July 1 6 through December 31 that all abstracts required to be forwarded 7 during the period have been forwarded. The certification shall 8 be filed with the secretary of state not later than 28 days after 9 the end of the period covered by the certification. The certifi- 10 cation shall be made upon a form furnished by the secretary of 11 state and shall include all of the following: 12 (a) The name and title of the person required to forward 13 abstracts. 14 (b) The court for which the certification is filed. 15 (c) The time period covered by the certification. 16 (d) The following statement: 17 "I certify that all abstracts required by section 80131 of 18 the natural resources and environmental protection act for the 19 period __________ through __________ have been forwarded to the 20 secretary of state.". 21 (e) Other information the secretary of state considers 22 necessary. 23 (f) The signature of the person required to forward 24 abstracts. 25 (9) The failure, refusal, or neglect of a person to comply 26 with this section constitutes misconduct in office and is grounds 27 for removal from office. 02678'99 23 1 (10) Except as provided in subsection (11), the secretary of 2 state shall keep all abstracts received under this section at the 3 secretary of state's main office, and the abstracts shall be open 4 for public inspection during the office's usual business hours. 5 The secretary of state shall enter each abstract upon the boating 6 record of the person to whom it pertains and shall record the 7 information in a manner that makes the information available to 8 peace officers through the law enforcement information network. 9 (11) The court shall not submit, and the secretary of state 10 shall discard and not enter on the boating record, an abstract 11 for a conviction or civil infraction determination for a viola- 12 tion of this part that could not be the basis for the secretary 13 of state's issuance of an order not to operate a vessel on the 14 waters of this state. The secretary of state shall discard and 15 not enter on the boating record an abstract for a bond forfeiture 16 that occurred outside this state. 17 (12) The secretary of state shall inform the court of the 18 violations of this part that are used by the secretary of state 19 as the basis for issuance of an order not to operate a vessel on 20 the waters of this state. 21 (13) If a conviction or civil infraction determination is 22 reversed upon appeal, the court shall transmit a copy of the 23 order of reversal to the secretary of state, and the secretary of 24 state shall enter the order in the proper book or index in con- 25 nection with the record of the conviction or civil infraction 26 determination. 02678'99 24 1 (14) The secretary of state may permit a city or village 2 department, bureau, person, or court to modify the requirement as 3 to the time and manner of reporting a conviction, civil infrac- 4 tion determination, or settlement to the secretary of state if 5 the modification will increase the economy and efficiency of col- 6 lecting and utilizing the records. If the permitted abstract of 7 court record reporting a conviction, civil infraction determina- 8 tion, or settlement originates as a part of the written notice to 9 appear, authorized in section 80168, the form of the written 10 notice and report shall be as prescribed by the secretary of 11 state. 12 Sec. 80142. (1) Except as provided in subsection (3), a 13 person shall not operate a vessel on the waters of this state 14 unless each person in an open deck area on board the vessel who 15 is less than 6 years of age is wearing a type I or type II per- 16 sonal flotation device as described in R 281.1234 of the Michigan 17 administrative code. 18 (2) A parent or guardian of a child less than 6 years of age 19 who accompanies that child on board a vessel that is not a 20 charter boat described in subsection (3) shall ensure that the 21 child is wearing a personal flotation device that complies with 22 this section. 23 (3) This section does not apply to a charter boat bearing 24 either of the following: 25 (a) A valid certificate of inspection issued by the United 26 States coast guard that verifies the charter boat's compliance 27 with subchapter H or subchapter T of the code of federal 02678'99 25 1 regulations, 46 C.F.R. 70.01-1 to 80.40 and 175.01-1 to 2 185.30-30. 3 (b) A valid certificate of inspection issued by the depart- 4 ment for a class C vessel that is greater than 45 feet in 5 length. 6 (4) As used in this section, "charter boat" and "class C 7 vessel" mean those terms as defined in section 44501. 8 (5) A person who violates this section is responsible for a 9 state civil infraction.and may be ordered to pay a civil fine10of not more than $100.00.11 Sec. 80144. (1) When vessels are being operated insucha 12 manneras to makeTHAT MAKES collision imminent or likely, the 13 following rules apply: 14 (a)WhenIF 2 vessels are approaching each other head-on, 15 or nearlysoHEAD-ON, the operator of each VESSEL shall cause 16 his or her vessel to pass on the port side of the other. 17 (b)When overtakingIF a vessel IS OVERTAKING A VESSEL 18 proceeding in the same direction, the operator of the overtaking 19 vessel,unless it is not feasible to do soIF FEASIBLE, shall 20 pass on the port side of the vesselaheadBEING OVERTAKEN. 21 (c)WhenIF 2 vesselsare approachingAPPROACH each 22 other at right angles or obliquelyso as to involveIN A MANNER 23 THAT INVOLVES risk of collision,other than whenAND 1 vessel 24 is NOT overtakinganotherTHE OTHER, the operator of the vessel 25 that has the other on his or herownport side shall hold his 26 or her course and speed, and the operator of the vesselthat27hasHAVING the other on his or herownstarboard side shall 02678'99 26 1 give way to the other by directing his or her course to starboard 2 so as to cross the stern of the other vessel or, if necessary to 3 do so, shallslackenREDUCE his or her speed, stop, or 4 reverse. 5 (d)WhenIF a motorboat and a vessel under sail are pro- 6 ceeding in a manner that involves a risk of collision, the opera- 7 tor of the motorboat shall give way to the vessel under sail. 8 (e)WhenIF a motorboat and a vessel not propelled by sail 9 or mechanical means are proceeding in a manner that involves risk 10 of collision, the operator of the motorboat shall give way to the 11 other vessel. 12 (f)When, by any ofIF, UNDER the rulesprovided inOF 13 this section, the operator of a vessel is required to give way to 14the otherANOTHER VESSEL, the operator of the other vessel 15 shall maintain his or her direction and speed. 16 (2) This section does not relieve the operator of a vessel, 17otherwise privileged by this sectionGIVEN DIRECTIONAL OR MOVE- 18 MENT PRIORITY UNDER THIS SECTION, from the duty to operate with 19 due regard for the safety of all persons using the waters of this 20 state. 21 (3) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A 22 STATE CIVIL INFRACTION. 23 Sec. 80146. (1) The department may promulgate rules to 24 establish maximum motorboat speed limits or to allow unlimited 25 motorboat speed on the waters of this state. 26 (2)On waters of this state for which a motorboat speed27limit is not established under subsection (1), on any waters for02678'99 27 1which the department has not established an unlimited motorboat2speed limit, or on any waters for which stricter speed restric-3tions are not established pursuant to an act, aTHE maximum 4 speed limitofON THE WATERS OF THIS STATE IS 55 miles per 5 hour,is established, except in an emergency and except for6authorized peace and conservation officers when engaged in offi-7cial duties. The maximum speed limit of 55 miles per hour shall8not apply to the Great Lakes and Lake St. Clair, except for an9area within 1 mile of the shoreline measured at a right angle10from the shorelineEXCEPT AS OTHERWISE PROVIDED BY LAW. 11 (3) THE MAXIMUM SPEED LIMIT ESTABLISHED UNDER THIS SECTION 12 DOES NOT APPLY TO ANY OF THE FOLLOWING: 13 (A) A BONA FIDE EMERGENCY SITUATION. 14 (B) A PEACE OFFICER ENGAGED IN OFFICIAL DUTIES. 15 (C) A VESSEL ON THE GREAT LAKES OR LAKE ST. CLAIR EXCEPT FOR 16 AN AREA WITHIN 1 MILE OF THE SHORELINE MEASURED AT A RIGHT ANGLE 17 FROM THE SHORELINE. 18 (4) Upon receipt of a resolution by the governing body of a 19 local unit of government having jurisdiction over waters of this 20 state requesting a reduction in the maximum speed limit on those 21 waters, the department, pursuant to sections 80108 to 80113, may 22 establish a maximum speed limit not to exceed 40 miles per hour 23 on those waters. 24 (5)(3)A person shall not operate a motorboat on the 25 waters of this state at a speed greater than slow--no wake speed 26 or the minimum speed necessary for the motorboat to maintain 27 forward movement when within 100 feet of the shoreline where the 02678'99 28 1 water depth is less than 3 feet, as determined by vertical 2 measurement, except in navigable channels not otherwise posted. 3(4) A person operating a motorboat in violation of this4section is guilty of reckless operation of a motorboat punishable5as provided in section 80171.6 (6)(5)The department may waive this section and section 7 80156 for marine events authorized by the department under sec- 8 tion 80164. 9 (7) A PERSON WHO EXCEEDS A SPEED LIMIT IN VIOLATION OF THIS 10 SECTION IS RESPONSIBLE FOR A STATE CIVIL INFRACTION. 11 Sec. 80150. (1) A person shall not operate a vessel onany12ofthe waters of this state within a lawfully authorized 13 restricted area clearly marked by buoys, beacons, or other dis- 14 tinguishing devices IDENTIFYING THAT AREA as being prohibited to 15 vessels. 16 (2) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A 17 STATE CIVIL INFRACTION. 18 Sec. 80152. (1) A person shall not operate a vessel on the 19 waters of this state if he or she is towing or otherwise assist- 20 ing a person on water skis or on a water sled, aquaplane, surf- 21 board, or other similar contrivance unless a person capable of 22 communicating to the vessel operator the condition and needs of 23 the person being towed or assisted is on board the vessel and 24 positioned to observe the person being towed or assisted. 25 (2) Subsection (1) does not apply to vessels used by duly 26 constituted ski schools in the giving of instructions or to 27 vessels used in sanctioned ski tournaments, competitions, 02678'99 29 1 expositions, or trials. Vessels described in this subsection 2 shall be equipped with a 170-degree wide-angle rearview mirror 3 affixed in a manner that will permit the operator to observe the 4 progress of the person being towed. 5 (3) This section does not apply to motorboats less than 16 6 feet in length actually operated by the person being towed and so 7 constructed as to be incapable of carrying the operator in or on 8 the motorboat. 9 (4) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A 10 STATE CIVIL INFRACTION. 11 Sec. 80154. (1) A person not in aboatVESSEL shall not 12 intentionally rock, tip, jostle, or otherwise interfere with the 13 operation ofanyA vessel, except under supervised training. 14 (2) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A 15 STATE CIVIL INFRACTION. 16 Sec. 80159. (1)TheWITHOUT EXPENSE TO THE STATE, THE 17 department may authorize, through the issuance of revocable per- 18 mits, the placing of buoys or beacons in the waters of this state 19 to mark obstruction to navigation, to designate bathing areas, to 20 designate vessel anchorages, or for any other purposeif it will21promoteTHAT PROMOTES safety or navigation.Any22 (2) A personwho desiresSEEKING to placebuoysA BUOY 23 orbeaconsBEACON in the waters of this state, without24expense to the state, shall make applicationSHALL APPLY to the 25 department FOR A REVOCABLE PERMIT inaTHE form and containing 26 THE informationrequired byTHAT the department MAY REQUIRE. 27Buoys or beacons, except02678'99 30 1 (3) EXCEPT for A mooringbuoysBUOY, A PERSON shall not 2be placedPLACE A BUOY OR BEACON in the waters of this state 3 unless authorized by the department in writing. If authorization 4has beenIS granted, thebuoys or beacons shall be placed5 PERSON SHALL PLACE THE BUOY OR BEACON only in accordance with the 6 terms of the permit.andA BUOY OR BEACON PLACED IN CONFORMANCE 7 WITH THIS PART shall be considered lawfully placed.If buoys or8beacons are placed in the waters of this state without a permit9having been issued, the department may order their removal. If,10in the judgment of the department, buoys or beacons authorized by11the department are found to be improperly placed, the reason for12their placement no longer exists, or the buoys or beacons do not13conformTHE DEPARTMENT MAY ORDER THE REMOVAL OF A BUOY OR BEACON 14 PLACED IN THE WATERS OF THIS STATE WITHOUT A PERMIT. THE DEPART- 15 MENT MAY REVOKE A PERMIT FOR, AND MAY ORDER THE REMOVAL OF, A 16 BUOY OR BEACON THAT THE DEPARTMENT DETERMINES IS ANY OF THE 17 FOLLOWING: 18 (A) IMPROPERLY PLACED. 19 (B) PLACED AT A SITE WHERE IT IS NO LONGER NEEDED. 20 (C) NOT CONFORMING to the uniform system of marking estab- 21 lished by state regulation., the department may revoke the22permit authorizing their placement and may order their removal.23Revocation of permits and orders of removal shall be24 (D) NOT COMPLYING WITH A PERMIT CONDITION. 25 (4) THE DEPARTMENT SHALL REVOKE A PERMIT AND ISSUE AN ORDER 26 OF REMOVAL UNDER SUBSECTION (3) by PROVIDING written notice to 27 the personplacing the buoys or beaconsWHO PLACED THE BUOY OR 02678'99 31 1 BEACON AT A SITE or to the person to whom the permit was issued 2 athis or herTHAT PERSON'S last known address, directing the 3 removal within a specified time. The person to whom the notice 4 is directed shall remove thebuoys or beaconsBUOY OR BEACON in 5 accordance with theinstructionsWRITTEN NOTICE. If the person 6 fails to remove thebuoys or beaconsBUOY OR BEACON within the 7 specified time, the department maycause their removal, and the8cost and expense of the removal shall be charged against the9person authorized to place the buoys or beacons or, where autho-10rization has not been granted, the person placing such buoys or11beacons and shall beREMOVE THE BUOY OR BEACON AT THAT PERSON'S 12 COST. THE DEPARTMENT MAY REMOVE AN UNAUTHORIZED BUOY OR BEACON 13 AND RECOVER THE COST OF THAT REMOVAL FROM THE PERSON WHO PLACED 14 THE BUOY OR BEACON AT A SITE WITHOUT A PERMIT. THE COSTS ARE 15 recoverable throughanyA court of competent jurisdiction. 16 (5) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A 17 STATE CIVIL INFRACTION. 18 Sec. 80166. (1) Upon the direction of a peace officer, the 19 operator OR PERSON IN CHARGE of a vessel moving on the waters of 20 this state shall immediately bring the vessel to a stop or maneu- 21 ver it in a manner that permits the peace officer to come beside 22 the vessel. The operator of the vessel and any person on the 23 vessel shall do the following upon the request of the peace 24 officer: 25 (a) Provide his or her correct name and address. 26 (b) Exhibit the certificate of number awarded for the 27 vessel. 02678'99 32 1 (c) If the vessel does not bear a decal described in 2 subsection (3), submit to a reasonable inspection of the vessel 3 and to a reasonable inspection and test of the equipment of the 4 vessel.IF THE VESSEL DOES NOT BEAR 1 OF THE FOLLOWING: 5 (i) A DECAL DESCRIBED IN SUBSECTION (3). 6 (ii) A DECAL ISSUED BY THE UNITED STATES COAST GUARD VERIFY- 7 ING THAT THE VESSEL HAS BEEN INSPECTED AND IS IN COMPLIANCE WITH 8 FEDERAL SAFETY STANDARDS. 9 (2) Each police chief, the director of the law enforcement 10 division of the department,of natural resources,the director 11 of the department of state police, and each sheriff shall issue a 12 book containing both of the following to each peace officer in 13 his or her department whose duties may include enforcement of 14 marine law: 15 (a) Adhesive copies of a uniform marine safety inspection 16 decal described in subsection (3). 17 (b) Receipts for each uniform inspection decal copy. 18 (3) The department shall create and each calendar year make 19 available to persons described in subsection (2) adhesive copies 20 of a uniform marine safety inspection decal that is all of the 21 following: 22 (a) Effective for 1 calendar year. 23 (b) Of a distinct color that is changed each calendar year. 24 (c) Attachable to a vessel and bearing language that sub- 25 stantially complies with the following: "This vessel has been 26 inspected by ________ on ________ and is in compliance with the 02678'99 33 1 equipment and registration requirements of part 801 of the 2 natural resources and environmental protection act.". 3 (4) A peace officer who conducts an inspection of a vessel 4 authorized under this section shall include in that inspection a 5 reasonable examination and test of the equipment on that vessel. 6 If the peace officer does not find a violation of a marine law, 7 he or she shall affix to the vessel an adhesive copy of the uni- 8 form marine safety inspection decal described in subsection (3) 9 and shall complete a receipt for that decal. 10 (5) A completed receipt for a decal shall include all of the 11 following: 12 (a) The name of the peace officer. 13 (b) The time, date, and place of the inspection. 14 (c) The vessel's identifying number. 15 (6) A peace officer shall deliver to his or her supervisor 16 or person designated by that supervisor a receipt for a decal 17 within 48 hours of affixing the decal to a vessel. The supervi- 18 sor or person designated by the supervisor shall maintain 19 receipts received under this section for a period of 1 year. 20 (7) Except for inspection of a vessel to determine the 21 number and adequacy of personal flotation devices on that vessel, 22 a peace officer shall not stop and inspect a vessel bearing the 23 decal described in this section during the period the decal 24 remains in effect unless that peace officer has probable cause to 25 believe the vessel or the vessel's operator is in violation of a 26 marine law. 02678'99 34 1 (8) A person who is detained for a violation of this part or 2 of a local ordinance substantially corresponding to a provision 3 of this part and who furnishes a peace officer false, forged, 4 fictitious, or misleading verbal or written information identify- 5 ing the person as another person is guilty of a misdemeanor. 6 (9) A peace officer who observes a marine law violation THAT 7 IS A FELONY OR A MISDEMEANOR may immediately arrest the person 8 without a warrant or issue to the person a written or verbal 9 warning. 10 Sec. 80167. If a person is arrested without a warrant for 11 any of the following, the arrested person shall, without unrea- 12 sonable delay, be arraigned by a magistrate or judge who is 13 within the county in which the offense charged is alleged to have 14 been committed, who has jurisdiction of the offense, and who is 15 nearest or most accessible with reference to the place where the 16 arrest is made: 17 (a)The person is arrested upon a charge of negligent18 NEGLIGENT homicide. 19 (b)The person is arrested underA VIOLATION OF section 20 80176(1), (3), (4), or (5), or a local ordinance substantially 21 corresponding to section 80176(1) or (3). 22 (c)The person is arrested underA VIOLATION OF section 23 80147 or a local ordinance substantially corresponding to section 24 80147. If in the existing circumstances it does not appear that 25 releasing the person pending the issuance of a warrant will con- 26 stitute a public menace, the arresting officer may proceed as 27 provided by section 80168. 02678'99 35 1 Sec. 80168. (1) When a person is arrested without a warrant 2 for a MARINE LAW violationof this partpunishable as a misde- 3 meanor, or of a provision of any local ordinance or rule estab-4lished in conformity with this part,under conditions not 5 referred to in section 80167, the arresting officer shall prepare 6in duplicate a written notice to appear in court containing the7name and address of the person, the offense charged, and the time8and place when and where the person shall appear in court. If9 AS SOON AS POSSIBLE AND AS COMPLETELY AS POSSIBLE, ISSUE TO, AND 10 SERVE UPON THAT PERSON AN APPEARANCE TICKET PURSUANT TO SECTION 11 9F OF CHAPTER IV OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, 12 MCL 764.9F. THE OFFICER SHALL INFORM THE ALLEGED OFFENDER OF THE 13 VIOLATION AND SHALL GIVE THE MISDEMEANOR COPY OF THE CITATION TO 14 THE ALLEGED OFFENDER. UPON THE DEMAND OF the arrested person,so15demands, he or she shall be arraigned by a magistrateTHE 16 ARRESTING OFFICER SHALL TAKE THE PERSON TO BE ARRAIGNED BEFORE A 17 JUDGE or a district courtjudgeMAGISTRATE as provided in sec- 18 tion 80167 in lieu of being given thenoticeCITATION. 19 (2) The time specified in thenoticeCITATION to appear 20 shall be within a reasonable time after the arrest unless the 21 person arrested demands an earlier hearing. 22 (3) The place OF COURT APPEARANCE specified in thenotice23to appearCITATION shall bebefore a magistrate or aIN THE 24 district OR MUNICIPAL courtjudge who iswithin thetownship25or countyJUDICIAL DISTRICT in which the offense charged is 26 alleged to havebeen committed and who has jurisdiction of the27offenseOCCURRED. 02678'99 36 1 (4)Appearance may be madeA PERSON MAY MAKE AN APPEARANCE 2 in person, by representation, or by mail.WhenIF appearance 3 is made by representation or mail, the JUDGE OR DISTRICT COURT 4 magistrateor the district court judgemay accept the plea of 5 guilty or not guilty for purposes of arraignment, with the same 6 effect as though the person personally appeared before him or 7 her. The JUDGE OR DISTRICT COURT magistrate,or the district8court judge,by giving notice 5 days prior to the date of 9 appearance, may require appearance in person at the time and 10 place designated in thenoticeCITATION. 11 SEC. 80168A. (1) IF A PEACE OFFICER ISSUES A CITATION UNDER 12 SECTION 80168 FOR A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR 13 NOT MORE THAN 90 DAYS, A COURT HAVING JURISDICTION MAY ACCEPT A 14 PLEA OF GUILTY OR NOT GUILTY UPON THE CITATION WITHOUT RECEIPT OF 15 A SWORN COMPLAINT, BUT SHALL NOT MAKE A DOCKET RETURN ON THE COM- 16 PLAINT UNTIL THE OFFICER SIGNS THE COMPLAINT. 17 (2) IF THE PERSON TO WHOM A CITATION WAS ISSUED UNDER 18 SECTION 80168 PLEADS NOT GUILTY, A COURT SHALL HOLD NO FURTHER 19 PROCEEDINGS UNTIL A SWORN COMPLAINT IS FILED WITH THE MAGISTRATE 20 OR JUDGE. A COURT SHALL NOT ISSUE AN ARREST WARRANT FOR A PERSON 21 TO WHOM A CITATION WAS ISSUED UNDER SECTION 80168 UNTIL A SWORN 22 COMPLAINT AGAINST THAT PERSON IS FILED WITH THE COURT. 23 Sec. 80169. (1) If a person not a resident of this state is 24 arrested without a warrant foranyA MARINE LAW violationof25this part under conditionsTHAT IS PUNISHABLE AS A MISDEMEANOR, 26 AND THE VIOLATION IS not referred to under section 80167, the 27 officer making the arrest, upon demand of the arrested person, 02678'99 37 1 shall immediately take the person for arraignment by a 2magistrateJUDGE or a district courtjudgeMAGISTRATE in the 3vicinityJUDICIAL DISTRICT IN WHICH THE OFFENSE CHARGED IS 4 ALLEGED TO HAVE OCCURRED to answer to the complaint made against 5 him or her. If a magistrate ora district courtjudge IN THAT 6 JUDICIAL DISTRICT is not available or an immediate trial cannot 7 be had, the person arrested may recognize to the officer for his 8 or her appearance by leaving withhim or herTHE OFFICER a 9 GUARANTEED APPEARANCE CERTIFICATE OR sum of money not to exceed 10$25.00.$100.00 AND THE FOLLOWING SHALL APPLY: 11 (A)(2)The officer making the arrest shall givea12receiptto the person arrested A WRITTEN CITATION AS PROVIDED IN 13 SECTION 80168 AND A RECEIPT for the GUARANTEED APPEARANCE CERTIF- 14 ICATE OR THE money deposited withhim or her under15subsection (1), together with a written summons as provided in16section 80168THAT OFFICER. 17 (B)(3)If theoffenderARRESTED PERSON fails to appear 18 as required IN THE CITATION, THE GUARANTEED APPEARANCE CERTIFI- 19 CATE OR the deposit shall be forfeited as in other cases of 20 default in bail,in addition to any other penalty provided in 21 this part. 22 (2)(4) WithinNOT MORE THAN 48 hours aftertakingA 23 PEACE OFFICER RECEIVES A CERTIFICATE OR a deposit OF MONEY under 24 this section, the officer shalldeposit the money with the mag-25istrate or the district court judge named in the notice to26appear, together with a report stating the facts relating to the27arrest. Failure to make the report and deposit the money02678'99 38 1 DELIVER THAT CERTIFICATE OR DEPOSIT OF MONEY AND A REPORT STATING 2 THE FACTS RELATING TO THE ARREST TO THE COURT NAMED IN THE 3 CITATION, OR TO THE POLICE CHIEF OR PERSON AUTHORIZED BY THE 4 POLICE CHIEF TO RECEIVE CERTIFICATES AND DEPOSITS. THE POLICE 5 CHIEF OR PERSON AUTHORIZED BY THE POLICE CHIEF SHALL DEPOSIT WITH 6 THE COURT THE CERTIFICATE OR THE MONEY DEPOSITED AND THE CITATION 7 IN THE SAME MANNER AS PRESCRIBED FOR CITATIONS IN SECTION 8 80199B. 9 (3) THE FAILURE OF A PERSON IN RECEIPT OF MONEY UNDER THIS 10 SECTION TO DEPOSIT THAT MONEY IN THE MANNER PRESCRIBED BY THIS 11 SECTION is embezzlement of public money. 12 Sec. 80170. (1)AnyAN officer, JUDGE, OR DISTRICT COURT 13 magistrate, or district court judge violatingWHO VIOLATES 14 section 80168 or 80169 is guilty of misconduct in office and is 15 subject to removal from office. 16 (2) Sections 80168 and 80169 governallA peaceofficers17 OFFICER in makingarrestsAN ARREST without a warrant for 18violations of this partA MARINE LAW VIOLATION and do not pre- 19 vent the execution of a warrant for the arrest oftheA person. 20as in other cases of misdemeanors when it may be necessary.21 Sec. 80171. (1)UnlessEXCEPT AS otherwisespecified22underPROVIDED IN this part, a MARINE LAW violationof this23part or rules promulgated under this partis a misdemeanor.A24 (2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), A polit- 25 ical subdivisionhaving adoptedTHAT ENACTS a local ordinance 26 in conformity with this part may provide thatanyA violation 02678'99 39 1 oftheTHAT ordinance is a misdemeanor OR A STATE CIVIL 2 INFRACTION.Any3 (3) A POLITICAL SUBDIVISION SHALL NOT ENACT A LOCAL ORDI- 4 NANCE THAT PROVIDES A CRIMINAL PENALTY FOR AN ACT OR OMISSION 5 THAT IS A STATE CIVIL INFRACTION UNDER THIS PART, OR THAT IMPOSES 6 A PENALTY IN EXCESS OF THAT PRESCRIBED IN THIS PART. A LOCAL 7 ORDINANCE THAT IS IN CONFLICT WITH THIS PART IS VOID TO THE 8 EXTENT OF THE CONFLICT. A POLITICAL SUBDIVISION SHALL NOT DESIG- 9 NATE AS A STATE CIVIL INFRACTION OR A MUNICIPAL CIVIL INFRACTION 10 AN ACT OR OMISSION THAT IS A MISDEMEANOR OR FELONY UNDER THIS 11 PART. 12 (4) A PERSON WHO VIOLATES AN ADMINISTRATIVE RULE PROMULGATED 13 UNDER THIS PART OR A LOCAL ORDINANCE ENACTED IN ACCORDANCE WITH 14 SECTIONS 80110 AND 80111 IS RESPONSIBLE FOR A STATE CIVIL 15 INFRACTION. 16 (5) A COURT HAVING JURISDICTION OVER A person convicted of 17 reckless operation of a vessel as defined in section 80147, or of 18 operating a vessel while under the influence of intoxicating 19 liquor or narcotic drugs, in addition to IMPOSING any other pen- 20 alty, maybe refused by the court having jurisdiction of the21violation the right ofPROHIBIT THAT CONVICTED PERSON FROM oper- 22 atinganyA vessel onany ofthe waters of this state for a 23 period of not more than 2 years. 24 Sec. 80176. (1) A person shall not operate a vessel on the 25 waters of this state if either of the following applies: 26 (a) The person is under the influence of intoxicating liquor 27 or a controlled substance, or both. 02678'99 40 1 (b) The person has a blood alcohol content of 0.10 grams or 2 more per 100 milliliters of blood, per 210 liters of breath, or 3 per 67 milliliters of urine. 4 (2) The owner of a vessel or a person in charge or in con- 5 trol of a vessel shall not authorize or knowingly permit the 6 vessel to be operated on the waters of this state by a person who 7 is under the influence of intoxicating liquor or a controlled 8 substance, or both, or who has a blood alcohol content of 0.10 9 grams or more per 100 milliliters of blood, per 210 liters of 10 breath, or per 67 milliliters of urine. 11 (3) A person shall not operate a vessel on the waters of 12 this state when, due to the consumption of an intoxicating liquor 13 or a controlled substance, or both, the person's ability to oper- 14 ate the vessel is visibly impaired. If a person is charged with 15 violating subsection (1), a finding of guilty under this subsec- 16 tion may be rendered. 17 (4) A person who operates a vessel on the waters of this 18 state under the influence of intoxicating liquor or a controlled 19 substance, or both, or with a blood alcohol content of 0.10 grams 20 or more per 100 milliliters of blood, per 210 liters of breath, 21 or per 67 milliliters of urine, and by the operation of that 22 vessel causes the death of another person is guilty of a felony, 23 punishable by imprisonment for not more than 15 years, or a fine 24 of not less than $2,500.00 or more than $10,000.00, or both. 25 (5) A person who operates a vessel on the waters of this 26 state under the influence of intoxicating liquor or a controlled 27 substance, or both, or with a blood alcohol content of 0.10 grams 02678'99 41 1 or more per 100 milliliters of blood, per 210 liters of breath, 2 or per 67 milliliters of urine, and by the operation of that 3 vessel causes along-term incapacitating injurySERIOUS IMPAIR- 4 MENT OF A BODY FUNCTION to another person is guilty of a felony, 5 punishable by imprisonment for not more than 5 years, or a fine 6 of not less than $1,000.00 or more than $5,000.00, or both. AS 7 USED IN THIS SUBSECTION, "SERIOUS IMPAIRMENT OF A BODY FUNCTION" 8 INCLUDES, BUT IS NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING: 9 (A) LOSS OF A LIMB OR USE OF A LIMB. 10 (B) LOSS OF A HAND, FOOT, FINGER, OR THUMB OR USE OF A HAND, 11 FOOT, FINGER, OR THUMB. 12 (C) LOSS OF AN EYE OR EAR OR USE OF AN EYE OR EAR. 13 (D) LOSS OR SUBSTANTIAL IMPAIRMENT OF A BODILY FUNCTION. 14 (E) SERIOUS VISIBLE DISFIGUREMENT. 15 (F) A COMATOSE STATE THAT LASTS FOR MORE THAN 3 DAYS. 16 (G) MEASURABLE BRAIN DAMAGE OR MENTAL IMPAIRMENT. 17 (H) A SKULL FRACTURE OR OTHER SERIOUS BONE FRACTURE. 18 (I) SUBDURAL HEMORRHAGE OR SUBDURAL HEMATOMA. 19 Sec. 80180. (1) A peace officer, without a warrant, may 20 arrest a person if the peace officer has reasonable cause to 21 believe that the person was, at the time of an accident, the 22 operator of a vessel involved in the accident in this state while 23 in violation of section 80176(1), (3), (4), or (5) or a local 24 ordinance substantially corresponding to section 80176(1) or 25 (3). 26 (2) A peace officer who has reasonable cause to believe that 27 a person was operating a vessel on the waters of this state, and 02678'99 42 1 that, by the consumption of intoxicating liquor, the person may 2 have affected his or her ability to operate a vessel, may require 3 the person to submit to a preliminary chemical breath analysis. 4 The following apply with respect to a preliminary chemical breath 5 analysis: 6 (a) Only a peace officer who has successfully completed a 7 training course taught by a state-certified instructor in the 8 administration of the preliminary chemical breath analysis may 9 administer that test. 10 (b) A peace officer may arrest a person based in whole or in 11 part upon the results of a preliminary chemical breath analysis. 12 (c) The results of a preliminary chemical breath analysis 13 are admissible in a criminal prosecution for a crime described in 14 section 80187(1) or in an administrative hearing solely to assist 15 the court or hearing officer in determining a challenge to the 16 validity of an arrest. This subdivision does not limit the 17 introduction of other competent evidence offered to establish the 18 validity of an arrest. 19 (d) A person who submits to a preliminary chemical breath 20 analysis remains subject to the requirements of sections 80187 to 21 80190 for the purposes of chemical tests described in those 22 sections. 23 (e) A person who refuses to submit to a preliminary chemical 24 breath analysis upon a lawful request by a peace officer is 25 responsible for a state civil infraction.and may be ordered to26pay a civil fine of not more than $100.00.02678'99 43 1 (3) A peace officer making an arrest under this part shall 2 take measures to assure that the vessel and its occupants are 3 safely returned to shore. 4 (4) If, within 60 days after the issuance of a citation for 5 a state civil infraction under this section, the person to whom 6 the citation is issued is not charged with a violation of section 7 80176(1), (3), (4), or (5) or a local ordinance substantially 8 corresponding to section 80176(1) or (3), the citation issued for 9 the state civil infraction is void. Upon application of the 10 person to whom the citation is issued, money paid by the person 11 as a fine, costs, or otherwise shall be immediately returned. 12 SEC. 80193A. THE COURT THAT COLLECTS AN ADMINISTRATIVE 13 ORDER PROCESSING FEE UNDER SECTION 80193 SHALL TRANSMIT 60% OF 14 THE COLLECTED AMOUNT TO THE SECRETARY OF STATE TO DEFRAY EXPENSES 15 INCURRED BY THE SECRETARY OF STATE UNDER THIS ACT. 16 Sec. 80198a. (1)When wind conditions on the Great Lakes17attain a magnitude wherebyIF 1/3 of the wavesresulting from18theON THE GREAT LAKES RESULTING FROM WIND conditions cause any 19 public dock, pier, wharf, or retaining wall to be awash,it con-20stitutes a state not conducive to the orderly and safe use and21occupancy of those structures.THAT PUBLIC DOCK, PIER, WHARF, OR 22 RETAINING WALL IS UNSAFE. 23 (2)WhenIF the conditions described in subsection (1) 24 exist,anyA harbormaster, peaceor policeofficer, or other 25 authorized official may rope off or barricade entry tothese26structuresTHE UNSAFE PUBLIC DOCK, PIER, WHARF, OR RETAINING 27 WALL or THAT PERSON MAY post in a conspicuous manner notices that 02678'99 44 1 entryon those structuresTO THAT PUBLIC DOCK, PIER, WHARF, OR 2 RETAINING WALL for the purpose of fishing, swimming, or other 3 recreational activity is prohibited. 4 (3) A person shall not knowingly enter or remain uponany5 A public dock, pier, wharf, or retaining wall for the purpose of 6 fishing, swimming, or other recreational activity whenthe7structure1 OR MORE OF THE FOLLOWING EXIST: 8 (A) THE PUBLIC DOCK, PIER, WHARF, OR RETAINING WALL is 9 roped, cabled, or otherwise barricaded in a manner designed to 10 exclude intruders., when11 (B) A notice against entry isgiven by postingPOSTED in a 12 conspicuous manner., or when13 (C) A notice to leave or stay off is personally communicated 14 tothat personHIM OR HER by a peaceor policeofficer or 15 other authorized official of thelocal unit of government16 POLITICAL SUBDIVISION. 17 Sec. 80198b. (1) The owner or person in charge of a bathing 18 beach maintained primarily for public use shall not knowingly 19 permit a person to bathe or swim from the bathing beach unless 20 buoys outlining a safe bathing or swimming area are established 21 in accordance with section 80159. 22 (2) A person who is bathing or swimming from a bathing beach 23 maintained primarily for public use shall not bathe or swim in 24 waters that are within 100 feet beyond the buoyed bathing or 25 swimming area. This subsection does not apply to persons swim- 26 ming from adjacent privately owned beaches that are not open to 27 the general public. 02678'99 45 1 (3) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A 2 STATE CIVIL INFRACTION. 3 SEC. 80199A. EACH POLICE CHIEF, THE DIRECTOR OF THE LAW 4 ENFORCEMENT DIVISION OF THE DEPARTMENT, THE DIRECTOR OF THE 5 DEPARTMENT OF STATE POLICE, AND EACH SHERIFF SHALL DO BOTH OF THE 6 FOLLOWING: 7 (A) ISSUE CITATION BOOKS OF CONSECUTIVELY NUMBERED CITATIONS 8 TO EACH PEACE OFFICER OF HIS OR HER DEPARTMENT WHOSE DUTIES MAY 9 OR WILL INCLUDE ENFORCEMENT OF MARINE LAW. 10 (B) OBTAIN A RECEIPT FROM THE OFFICER TO WHOM A CITATION 11 BOOK HAS BEEN ISSUED UPON A FORM CREATED BY THE SECRETARY OF 12 STATE, THE ATTORNEY GENERAL, THE STATE COURT ADMINISTRATOR, AND 13 THE DIRECTOR OF THE DEPARTMENT OF STATE POLICE. 14 SEC. 80199B. (1) BEFORE THE EXPIRATION OF 48 HOURS AFTER 15 THE COMPLETION OF HIS OR HER TOUR OF DUTY, A PEACE OFFICER TO 16 WHOM A CITATION BOOK HAS BEEN ISSUED AND WHO HAS RECORDED THE 17 OCCURRENCE OF A MARINE LAW VIOLATION UPON A CITATION SHALL 18 DELIVER TO HIS OR HER POLICE CHIEF OR TO A PERSON DULY AUTHORIZED 19 BY THE POLICE CHIEF TO RECEIVE CITATIONS ALL COPIES OF THE 20 CITATION DULY SIGNED. THE POLICE CHIEF OR A PERSON DULY AUTHO- 21 RIZED BY THE POLICE CHIEF SHALL DEPOSIT THE ORIGINAL OF THE 22 CITATION WITH THE COURT HAVING JURISDICTION OVER THE OFFENSE NOT 23 LATER THAN 3 DAYS AFTER THE DATE OF THE CITATION, EXCLUDING 24 SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS. 25 (2) THE CITATION IS DEPOSITED WITH THE COURT AS REQUIRED 26 UNDER SUBSECTION (1) IF THE ORIGINAL OF THE CITATION IS MAILED 27 NOT LATER THAN 2 DAYS AFTER THE DATE OF THE CITATION AS SPECIFIED 02678'99 46 1 UNDER THIS SUBSECTION. MAILING IS ACCOMPLISHED BY ENCLOSING THE 2 ORIGINAL OF THE CITATION IN A SEALED ENVELOPE WITH FIRST CLASS 3 POSTAGE FULLY PREPAID, ADDRESSED TO THE COURT, AND DEPOSITING THE 4 ENVELOPE AND CONTENTS IN THE UNITED STATES GOVERNMENT MAIL. 5 (3) IF A CITATION IS SPOILED, MUTILATED, OR VOIDED, THE 6 PEACE OFFICER WHO ISSUED THAT CITATION SHALL ENDORSE IT WITH A 7 STATEMENT FULLY EXPLAINING ITS CONDITION, AND SHALL PROVIDE HIS 8 OR HER CHIEF OFFICER OR THAT PERSON'S AUTHORIZED DESIGNEE WITH 9 THE STATEMENT. 10 (4) THIS PART DOES NOT PREVENT A PERSON WHO IS NOT A PEACE 11 OFFICER FROM APPLYING FOR THE ISSUANCE OF A CRIMINAL COMPLAINT 12 FOR A MARINE LAW VIOLATION THAT IS NOT A STATE CIVIL INFRACTION, 13 AND THAT PERSON IS NOT REQUIRED TO SHOW THAT THE ALLEGED OFFENDER 14 HAS BEEN ISSUED A CITATION IN CONNECTION WITH THE OFFENSE. 15 SEC. 80199C. THE STATE TREASURER SHALL ESTABLISH PROCEDURES 16 TO ENSURE THE ACCOUNTABILITY OF ALL JURISDICTIONS PROCESSING 17 MARINE LAW VIOLATION CITATIONS. THE RECORD SHOWING THE ISSUANCE 18 AND SUBSEQUENT DISPOSITION SHALL BE MAINTAINED COMPLETE FOR NOT 19 LESS THAN 5 YEARS FOLLOWING ISSUANCE AND DISPOSITION AND THE 20 RECORDS AND NOTICES SHALL BE MADE AVAILABLE FOR PUBLIC 21 INSPECTION. 22 SEC. 80199D. THE FISCAL OFFICER OF THE POLITICAL SUBDIVI- 23 SION TO WHICH A MARINE LAW ENFORCEMENT AGENCY OR DEPARTMENT IS 24 RESPONSIBLE SHALL CONDUCT A COMPLETE AUDIT OF CITATION RECORDS OF 25 THAT POLITICAL SUBDIVISION AT LEAST ANNUALLY. THE STATE TREA- 26 SURER MAY AUDIT THOSE CITATION RECORDS AT ANY TIME. 02678'99 47 1 SEC. 80199E. A PERSON WHO KNOWINGLY FALSIFIES A CITATION OR 2 COPIES OF A CITATION, OR A RECORD OF THE ISSUANCE OF A CITATION, 3 OR DISPOSES OF A CITATION, COPY, OR RECORD, IN A MANNER OTHER 4 THAN AS REQUIRED IN THIS PART, OR ATTEMPTS SO TO FALSIFY OR DIS- 5 POSE, OR ATTEMPTS TO INCITE OR PROCURE ANOTHER SO TO FALSIFY OR 6 DISPOSE IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR 7 NOT MORE THAN 1 YEAR, OR A FINE OF NOT MORE THAN $500.00, OR 8 BOTH. 9 SEC. 80199F. (1) IF A PERSON WHO IS NOT A RESIDENT OF THIS 10 STATE IS STOPPED OR DETAINED FOR A STATE CIVIL INFRACTION UNDER 11 THIS PART AND THAT PERSON HAS IN HIS OR HER POSSESSION AN IDENTI- 12 FICATION DOCUMENT, THE PEACE OFFICER MAKING THE STOP SHALL TAKE 13 THAT PERSON'S IDENTIFICATION DOCUMENT AS SECURITY FOR THE 14 NONRESIDENT'S APPEARANCE IN COURT AND SATISFACTION OF ANY ORDER 15 THAT MAY BE ISSUED UNDER SECTION 80199G AND SHALL ISSUE TO THAT 16 PERSON A CITATION. WITHIN 48 HOURS OF A PEACE OFFICER'S RECEIPT 17 OF AN IDENTIFICATION DOCUMENT UNDER THIS SECTION, THAT PEACE 18 OFFICER SHALL DELIVER THE IDENTIFICATION DOCUMENT TO THE COURT 19 NAMED IN THE CITATION OR TO THE APPLICABLE CHIEF POLICE OFFICER 20 OR PERSON AUTHORIZED BY THAT CHIEF POLICE OFFICER TO RECEIVE 21 CITATIONS AND IDENTIFICATION DOCUMENTS. THE CHIEF POLICE OFFICER 22 OR PERSON AUTHORIZED SHALL DEPOSIT THE IDENTIFICATION DOCUMENT 23 AND CITATION WITH THE COURT IN THE SAME MANNER AS PRESCRIBED FOR 24 CITATIONS IN SECTION 80199B. FAILURE TO DELIVER THE IDENTIFICA- 25 TION DOCUMENT IS CONTEMPT OF COURT. 26 (2) IN LIEU OF THE OFFICER'S TAKING OF THE IDENTIFICATION 27 DOCUMENT UNDER SUBSECTION (1) OR BEFORE APPEARANCE IN COURT, THE 02678'99 48 1 PERSON STOPPED MAY GUARANTEE TO THE OFFICER OR TO THE COURT FOR 2 HIS OR HER APPEARANCE BY LEAVING WITH THE OFFICER OR COURT A 3 GUARANTEED APPEARANCE CERTIFICATE OR A SUM OF MONEY NOT TO EXCEED 4 $100.00. 5 (3) IF A JUDGE OR DISTRICT COURT MAGISTRATE IS AVAILABLE FOR 6 AN IMMEDIATE APPEARANCE, AND A NONRESIDENT TO WHOM A CITATION IS 7 ISSUED DEMANDS AN IMMEDIATE HEARING, THE PEACE OFFICER ISSUING 8 THE CITATION SHALL TAKE THE NONRESIDENT BEFORE THE JUDGE OR DIS- 9 TRICT COURT MAGISTRATE IMMEDIATELY FOR A HEARING ON THE ALLEGED 10 STATE CIVIL INFRACTION. THE COURT HAVING JURISDICTION SHALL 11 RETURN TO A NONRESIDENT THAT PERSON'S IDENTIFICATION UPON COMPLE- 12 TION OF AN INFORMAL HEARING OR UPON THAT PERSON'S ADMISSION OF 13 RESPONSIBILITY, IF ANY OF THE FOLLOWING OCCUR: 14 (A) JUDGMENT IS ENTERED FOR THAT PERSON. 15 (B) AN ADVERSE JUDGMENT AGAINST THAT PERSON IS SATISFIED. 16 (C) THAT PERSON PROVIDES THE COURT WITH A GUARANTEED APPEAR- 17 ANCE CERTIFICATE OR A SUM OF MONEY NOT TO EXCEED $100.00 AS 18 SECURITY FOR PAYMENT OF ANY FINES OR COSTS ORDERED. 19 (4) IF THE NONRESIDENT DEFENDANT REQUESTS A FORMAL HEARING, 20 THE COURT SHALL SCHEDULE A FORMAL HEARING AS PROVIDED IN 21 SECTION 8821 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, 22 MCL 600.8821, BUT SHALL RETAIN THE DEFENDANT'S IDENTIFICATION 23 DOCUMENT UNTIL FINAL RESOLUTION OF THE MATTER UNLESS THE 24 DEFENDANT LEAVES WITH THE COURT A GUARANTEED APPEARANCE CERTIFI- 25 CATE OR DEPOSIT AS DESCRIBED IN SUBSECTION (2) AS SECURITY FOR 26 APPEARANCE AT THE SCHEDULED FORMAL HEARING. 02678'99 49 1 (5) THE OFFICER RECEIVING A GUARANTEED APPEARANCE 2 CERTIFICATE OR DEPOSIT OF MONEY UNDER SUBSECTION (2) SHALL DO 3 EACH OF THE FOLLOWING: 4 (A) GIVE TO THE PERSON STOPPED FOR AN ALLEGED STATE CIVIL 5 INFRACTION A RECEIPT FOR THE GUARANTEED APPEARANCE CERTIFICATE OR 6 THE MONEY DEPOSITED. 7 (B) GIVE TO THE PERSON STOPPED FOR AN ALLEGED STATE CIVIL 8 INFRACTION THE WRITTEN CITATION REQUIRED UNDER SUBSECTION (1). 9 (C) WITHIN 48 HOURS AFTER HIS OR HER RECEIPT OF A CERTIFI- 10 CATE OR DEPOSIT OF MONEY UNDER THIS SECTION, DEPOSIT THAT CERTIF- 11 ICATE OR MONEY WITH THE COURT IDENTIFIED IN THE CITATION, WITH 12 THE CHIEF OFFICER OF HIS OR HER DEPARTMENT OR AGENCY, OR WITH THE 13 AUTHORIZED AGENT OF THE CHIEF OFFICER OF HIS OR HER DEPARTMENT OR 14 AGENCY. 15 (6) A CHIEF OFFICER OF A DEPARTMENT OR AGENCY OR THAT 16 PERSON'S AUTHORIZED AGENT SHALL DELIVER A CERTIFICATE OR MONEY 17 RECEIVED UNDER THIS SECTION TO THE COURT IN THE SAME MANNER AS 18 PRESCRIBED FOR CITATIONS IN SECTION 80199B. THAT PERSON'S FAIL- 19 URE TO DELIVER A CERTIFICATE OR DEPOSIT OF MONEY IN COMPLIANCE 20 WITH THIS SECTION IS EMBEZZLEMENT OF PUBLIC MONEY. 21 (7) IF THE PERSON WHO POSTS A CERTIFICATE OR DEPOSIT FAILS 22 TO APPEAR AS REQUIRED IN THE CITATION OR FOR A SCHEDULED FORMAL 23 HEARING, THE COURT HAVING JURISDICTION AND VENUE OVER THE STATE 24 CIVIL INFRACTION SHALL ENTER A DEFAULT JUDGMENT AGAINST THAT 25 PERSON, AND THAT PERSON SHALL FORFEIT THE GUARANTEED APPEARANCE 26 CERTIFICATE OR MONEY DEPOSITED. THE COURT SHALL APPLY MONEY 02678'99 50 1 FORFEITED UNDER THIS SECTION TO ANY CIVIL FINE OR COSTS ORDERED 2 UNDER SECTION 80199G. 3 SEC. 80199G. (1) A MARINE LAW VIOLATION THAT IS DESIGNATED 4 A STATE CIVIL INFRACTION IS NOT A LESSER INCLUDED OFFENSE OF A 5 CRIMINAL OFFENSE. 6 (2) IF A PERSON IS FOUND TO BE RESPONSIBLE OR RESPONSIBLE 7 "WITH EXPLANATION" FOR A STATE CIVIL INFRACTION, A COURT MAY 8 ORDER THE PERSON TO PAY A CIVIL FINE OF NOT MORE THAN $100.00. 9 (3) A CIVIL FINE THAT IS ORDERED UNDER THIS SECTION FOR A 10 VIOLATION OF THIS PART OR A RULE PROMULGATED UNDER THIS PART IS 11 EXCLUSIVELY APPLICABLE TO THE SUPPORT OF PUBLIC LIBRARIES AND 12 COUNTY LAW LIBRARIES IN THE SAME MANNER AS IS PROVIDED BY LAW FOR 13 PENAL FINES ASSESSED AND COLLECTED FOR VIOLATION OF A PENAL LAW 14 OF THE STATE. 15 (4) SUBSECTION (3) IS INTENDED TO MAINTAIN A SOURCE OF REVE- 16 NUE FOR PUBLIC LIBRARIES THAT PREVIOUSLY RECEIVED PENAL FINES FOR 17 THOSE MISDEMEANOR VIOLATIONS OF THIS PART THAT ARE NOW STATE 18 CIVIL INFRACTIONS. 19 SEC. 80199H. IF A PERSON RECEIVES A CITATION FOR A VIOLA- 20 TION OF SECTION 80124(9), THE COURT SHALL WAIVE ANY FINE AND 21 COSTS, UPON RECEIPT OF CERTIFICATION BY A LAW ENFORCEMENT AGENCY 22 THAT THE PERSON, BEFORE THE APPEARANCE DATE ON THE CITATION, 23 PRODUCED A CERTIFICATE OF NUMBER THAT WAS VALID ON THE DATE THE 24 VIOLATION OF SECTION 80124(9) OCCURRED. 25 Enacting section 1. Section 4a of 1846 RS 1, MCL 8.4a, 26 applies to a violation of part 801 of the natural resources and 27 environmental protection act, 1994 PA 451, MCL 324.80101 to 02678'99 51 1 324.80199h, and to a violation of a local ordinance substantially 2 corresponding to that act, if the violation occurred before the 3 effective date of this amendatory act and the violation would 4 otherwise be designated a civil infraction upon the effective 5 date of this amendatory act. 6 Enacting section 2. This amendatory act takes effect April 7 1, 2000. 8 Enacting section 3. This amendatory act does not take 9 effect unless all of the following bills of the 90th Legislature 10 are enacted into law: 11 (a) Senate Bill No. 683. 12 13 (b) Senate Bill No. 684. 14 15 (c) Senate Bill No. 685. 16 17 (d) Senate Bill No. 686. 18 19 (e) Senate Bill No. 687. 20 21 (f) Senate Bill No. 688. 22 23 (g) Senate Bill No. 689. 24 25 (h) Senate Bill No. 690. 26 02678'99 52 1 Enacting section 4. Section 80153 of the natural resources 2 and environmental protection act, 1994 PA 451, MCL 324.80153, is 3 repealed. 02678'99 Final page. TLG