July 1, 2010, Introduced by Rep. Slavens and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 80104 (MCL 324.80104), as amended by 2004 PA
587.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80104. As used in this part:
(a) "Highly restricted personal information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(b) "Passenger" means a person carried on board, attached to,
or
towed by a vessel,
other than any of the following:
(i) The owner or his or her representative.
(ii) The the
operator.
(c) "Peace officer" means any of the following:
(i) A sheriff.
(ii) A sheriff's deputy.
(iii) A deputy who is authorized by a sheriff to enforce this
part and who has satisfactorily completed at least 40 hours of law
enforcement training, including training specific to this part.
(iv) A village or township marshal.
(v) An officer of the police department of any municipality.
(vi) An officer of the Michigan state police.
(vii) The director and conservation officers employed by the
department.
(d) "Personal information" means information that identifies
an individual, including an individual's driver identification
number, name, address not including zip code, and telephone number,
but does not include information on watercraft operation and
equipment-related violations or civil infractions, operator or
vehicle registration status, accidents, or other behaviorally-
related information.
(e) "Personal watercraft" means a vessel that meets all of the
following requirements:
(i) Uses a motor-driven propeller or an internal combustion
engine powering a water jet pump as its primary source of
propulsion.
(ii) Is designed without an open load carrying area that would
retain water.
(iii) Is designed to be operated by 1 or more persons positioned
on, rather than within, the confines of the hull.
(f) "Political subdivision" means any county, metropolitan
authority, municipality, or combination of those entities in this
state.
Whenever If a body of water is located in more than 1
political subdivision, all of the subdivisions shall act
individually in order to comply with this part, except that if the
problem is confined to a specific area of the body of water, only
the political subdivision in which the problem waters lie shall
act.
(g) "Port" means left, and reference is to the port side of a
vessel or to the left side of the vessel.
(h) "Probate court or family division disposition" means the
entry of a probate court order of disposition or family division
order of disposition for a child found to be within the provisions
of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.1 to 712A.32.
(i) "Prosecuting attorney", except as the context requires
otherwise, means the attorney general, the prosecuting attorney of
a county, or the attorney representing a political subdivision of
government.
(j) "Regatta", "boat race", "marine parade", "tournament", or
"exhibition" means an organized water event of limited duration
that is conducted according to a prearranged schedule.
(k) "Slow—no wake speed" means a very slow speed whereby the
wake or wash created by the vessel would be minimal.
(l) "Starboard" means right, and reference is to the starboard
side of a vessel or to the right side of the vessel.
(m) "State aid" means payment made by the state to a county
for the conduct of a marine safety program.
(n) "Undocumented vessel" means a vessel that does not have,
and is not required to have, a valid marine document issued by the
United States coast guard or federal agency successor to the United
States coast guard.
(o) "Uniform inspection decal" means an adhesive-backed
sticker created by the department that is color-coded to indicate
the year that it expires and is attached to a vessel in the manner
prescribed for decals in section 80122 when a peace officer
inspects and determines that the vessel complies with this part.
(p) "Use" means operate, navigate, or employ.
(q) "Vessel" means every description of watercraft used or
capable of being used as a means of transportation on water.
(r) "Waters of this state" means any waters within the
territorial limits of this state, and includes those waters of the
Great Lakes that are under the jurisdiction of this state.
(s) "Waterways account" means the waterways account of the
Michigan conservation and recreation legacy fund provided for in
section 2035.