HOUSE BILL No. 6209


     June 18, 2002, Introduced by Reps. Mead, Bradstreet, Allen, Shackleton, Pumford and Jelinek and referred to the Committee on
Conservation and Outdoor Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   (MCL 324.101 to 324.90106) by adding section 44520a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 44520A.  (1) AN OWNER OF A NONMOTORIZED LIVERY BOAT IS

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        NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A USER OF THE NONMO-

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        TORIZED LIVERY BOAT RESULTING FROM A RISK INHERENT IN THE USE OR

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        OPERATION OF A NONMOTORIZED LIVERY BOAT.

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             (2) AS USED IN THIS SECTION:

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             (A) "OWNER OF A NONMOTORIZED LIVERY BOAT" MEANS THE PERSON

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        WHO OWNS THE NONMOTORIZED LIVERY BOAT, THE BOAT LIVERY THAT

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        RENTS, LEASES, OR FURNISHES THE NONMOTORIZED LIVERY BOAT FOR USE,

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        OR AN EMPLOYEE OR AGENT OF THE OWNER OR BOAT LIVERY.

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             (B) "RISK INHERENT IN THE USE OR OPERATION OF A NONMOTORIZED

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        LIVERY BOAT" MEANS A DANGER OR CONDITION THAT IS AN INTEGRAL PART


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        OF USING OR OPERATING A NONMOTORIZED LIVERY BOAT, INCLUDING, BUT

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        NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

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             (i) WAVE OR OTHER WATER MOTION.

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             (ii) WEATHER CONDITIONS.

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             (iii) CONTACT OR MANEUVERS NECESSARY TO AVOID CONTACT WITH

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        ANOTHER VESSEL OR A MANMADE OBJECT IN OR NEAR THE WATER.

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             (iv) CONTACT OR MANEUVERS NECESSARY TO AVOID CONTACT WITH

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        ROCK, SAND, VEGETATION, OR OTHER NATURAL OBJECTS IN OR NEAR THE

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        WATER.

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             (v) MALFUNCTION OF EQUIPMENT, EXCEPT FOR EQUIPMENT OWNED BY

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        THE OWNER OF A NONMOTORIZED LIVERY BOAT.

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             (vi) FAILURE TO USE OR WEAR A PERSONAL FLOTATION DEVICE OR

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        TO HAVE LIFESAVING EQUIPMENT AVAILABLE, EXCEPT IF THE OWNER OF A

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        NONMOTORIZED LIVERY BOAT FAILED TO PROVIDE THE PERSONAL FLOTATION

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        DEVICE OR LIFESAVING EQUIPMENT WHEN REQUIRED BY LAW OR REGULATION

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        TO DO SO.

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             (vii) THE ACTIONS OF A VESSEL OPERATOR, EXCEPT IF THE OWNER

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        OF A NONMOTORIZED LIVERY BOAT KNOWINGLY LEASED OR RENTED THE

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        LIVERY BOAT TO AN OPERATOR WHO WAS DISQUALIFIED BY LAW OR REGULA-

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        TION FROM OPERATING THE LIVERY BOAT.

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             (viii) HAVING A NUMBER OF PERSONS IN EXCESS OF THE MAXIMUM

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        NUMBER APPROVED FOR THE LIVERY BOAT ONBOARD, EXCEPT IF THE OWNER

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        OF A NONMOTORIZED LIVERY BOAT KNOWINGLY ALLOWED THE LIVERY BOAT

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        TO LEAVE THE BOAT LIVERY'S PREMISES WITH A NUMBER OF PERSONS IN

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        EXCESS OF THE MAXIMUM NUMBER APPROVED FOR THE LIVERY BOAT

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        ONBOARD.





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             (C) "USER OF THE NONMOTORIZED LIVERY BOAT" MEANS A PERSON

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        WHO PARTICIPATES IN THE USE OR OPERATION OF THE NONMOTORIZED

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        LIVERY BOAT REGARDLESS OF WHETHER THE PERSON RENTED OR LEASED THE

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        NONMOTORIZED LIVERY BOAT.
















































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