May 12, 2005, Introduced by Reps. Palsrok, Vander Veen, Huizenga, Elsenheimer, Taub, Pastor and Booher and referred to the Committee on Conservation, Forestry, 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:
Sec. 44520a. (1) An owner of a nonmotorized livery boat is not
liable for an injury to or the death of a user of the nonmotorized
livery boat resulting from a risk inherent in the use or operation
of a nonmotorized livery boat.
(2) As used in this section:
(a) "Owner of a nonmotorized livery boat" means the person who
owns the nonmotorized livery boat, the boat livery that rents,
leases, or furnishes the nonmotorized livery boat for use, or an
employee or agent of the owner or boat livery.
(b) "Risk inherent in the use or operation of a nonmotorized
livery boat" means a danger or condition that is an integral part
of the use or operation of a nonmotorized livery boat that is
limited to 1 or more of the following:
(i) Wave or other water motion.
(ii) Weather conditions.
(iii) Contact or maneuvers necessary to avoid contact with
another vessel or a manmade object in or near the water.
(iv) Contact or maneuvers necessary to avoid contact with rock,
sand, vegetation, or other natural objects in or near the water.
(v) Malfunction of equipment, except for equipment owned by
the owner of a nonmotorized livery boat.
(vi) Failure to use or wear a personal flotation device or to
have lifesaving equipment available, except if the owner of a
nonmotorized livery boat failed to provide the personal flotation
device or lifesaving equipment when required by law or regulation
to do so.
(vii) The actions of a vessel operator, except if the owner of
a nonmotorized livery boat leased or rented the livery boat to an
operator who the owner knew or in the exercise of reasonable care
should have known was disqualified by law or regulation from
operating the livery boat.
(viii) Having a number of persons in excess of the maximum
number approved for the livery boat on board, except if the owner
of a nonmotorized livery boat knowingly allowed the livery boat to
leave the boat livery's premises with a number of persons in excess
of the maximum number approved for the livery boat on board or did
not properly inform the user of the maximum number of persons
approved for the livery boat.
(c) "User of the nonmotorized livery boat" means a person who
participates in the use or operation of the nonmotorized livery
boat regardless of whether the person rented or leased the
nonmotorized livery boat.