July 1, 2010, Introduced by Rep. Nathan 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 80152 (MCL 324.80152), as amended by 1999 PA
19.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80152. (1) Except as otherwise provided in this section,
a person shall not operate a vessel on the waters of this state if
he
or she is towing or otherwise assisting a person on water skis
or
on a water sled, aquaplane, surfboard, or other similar
contrivance
being towed unless a both of the following conditions
are met:
(a) A person capable of communicating to the vessel operator
the condition and needs of the person being towed or assisted is on
board the vessel and positioned to observe the person being towed
or assisted.
(b) The person being towed is wearing the proper type I, type
II, or type III personal flotation device, as applicable. The
wearing of an inflatable personal flotation device does not satisfy
this requirement.
(2) A person who violates subsection (1) is responsible for a
state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
(3) A person shall not permit himself or herself to be towed
or otherwise assisted by a vessel on the waters of this state
unless he or she complies with the conditions listed in subsection
(1).
(4) A person who violates subsection (3) who is 16 years of
age or older is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $500.00.
(5) (2)
Subsection (1) does not apply to vessels used by duly
constituted
ski schools Subsections (1)
and (3) do not apply to any
of the following:
(a) A person who operates or who is towed by a vessel used by
a
ski school in the giving of
instructions or to vessels a
vessel
used in sanctioned ski tournaments, competitions, expositions, or
trials .
Vessels described in this subsection shall be if the
vessel is equipped with a 170-degree wide-angle rearview mirror
affixed in a manner that will permit the operator to observe the
progress of the person being towed.
(b) (3)
This section does not apply to motorboats A person
being towed by a motorboat less than 16 feet in length that is
actually
operated by the person being towed and so if the vessel is
constructed
as to be incapable of carrying the operator in or on
the motorboat.
(c) (4)
Subsection (1) does not apply to a A
vessel operator
who is towing a person preparing for a specific water ski
tournament if all of the following conditions are met:
(i) (a)
The vessel operator is certified as
provided in
subsection
(5) (6).
(ii) (b)
The person being towed is certified
as provided in
subsection
(6) (7).
(iii) (c)
Towing is conducted so that, on
average, not more than
1 vessel approaches within 300 feet of the towing vessel during any
5-minute period.
(iv) (d)
The vessel is equipped with all of
the following:
(A) (i) A
center-mounted tow pylon.
(B) (ii) A
large clear rearview mirror capable of allowing the
vessel operator to distinguish hand signals at a distance of 75
feet.
(C) (iii) Markings
that identify the vessel as a vessel that is
being
operated in conformance with this subsection subdivision.
(6) (5)
The department shall adopt
standards for water ski
tournament boat operation established by U.S.A. water ski in
"Trained Boat Driver Program", April 1997, and by the American
water ski association in "Drivers' Policy Manual". However, the
department may promulgate rules providing for alternative standards
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328. The department shall certify each individual who
satisfies the standards described in this subsection as a
tournament water ski vessel operator and issue proof of that
certification to the individual.
(7) (6)
The department shall adopt standards
for tournament
water skiers established by the Michigan water ski association in
"Guidelines for Training Permit Eligibility", proposed revision 125
of 1996. However, the department may promulgate rules providing for
alternative standards under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328. The department shall
certify each individual who satisfies the standards described in
this subsection as a tournament water skier and issue proof of that
certification to the individual.
(8) (7)
The Michigan water ski
association shall provide
annually to the department and the Michigan sheriffs association
both of the following:
(a) A list of the individuals whom the organization considers
qualified for tournament water skiing.
(b) The names of not more than 3 bodies of water on which each
of those individuals may be authorized to practice for tournament
water skiing.
(9) (8)
The department shall specify the
body or bodies of
water upon which a water skier may practice upon each certificate
issued
under subsection (6) (7).