Act No. 183

Public Acts of 2006

Approved by the Governor

June 12, 2006

Filed with the Secretary of State

June 12, 2006

EFFECTIVE DATE: June 12, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Reps. Palsrok, Vander Veen, Huizenga, Elsenheimer, Taub, Pastor and Booher

ENROLLED HOUSE BILL No. 4778

AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," (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) An owner of a nonmotorized livery boat shall post in conspicuous locations a notice specifying that a user of the nonmotorized livery boat accepts the risk inherent in the use or operation of a nonmotorized livery boat.

(3) 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 weight or number approved for the livery boat on board or did not properly inform the user of the maximum weight or 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.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor