SB-0821, As Passed House, July 18, 2012

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 821

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 503, 44501, 44516, 44518, 44520a, 44522, and

 

80124 (MCL 324.503, 324.44501, 324.44516, 324.44518, 324.44520a,

 

324.44522, and 324.80124), section 503 as amended by 2012 PA 240,

 

sections 44501, 44516, 44518, and 44520a as amended by 2012 PA

 

249, section 44522 as amended by 1998 PA 262, and section 80124

 

as amended by 2012 PA 28.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 503. (1) The department shall protect and conserve the

 

 2  natural resources of this state; provide and develop facilities

 

 3  for outdoor recreation; prevent the destruction of timber and

 

 4  other forest growth by fire or otherwise; promote the reforesting

 


 1  of forestlands belonging to this state; prevent and guard against

 

 2  the pollution of lakes and streams within this state and enforce

 

 3  all laws provided for that purpose with all authority granted by

 

 4  law; and foster and encourage the protecting protection and

 

 5  propagation of game and fish.

 

 6        (2) The department has the power and jurisdiction over the

 

 7  management, control, and disposition of all land under the public

 

 8  domain, except for those lands under the public domain that are

 

 9  managed by other state agencies to carry out their assigned

 

10  duties and responsibilities. On behalf of the people of this

 

11  state, the department may accept gifts and grants of land and

 

12  other property and may buy, sell, exchange, or condemn land and

 

13  other property, for any of the purposes of this part. Beginning

 

14  90 days after the effective date of the 2012 amendatory act that

 

15  amended this section, September 30, 2012, the department shall

 

16  not acquire surface rights to land unless the department has

 

17  estimated the amount of annual payments in lieu of taxes on the

 

18  land, posted the estimated payments on its website for at least

 

19  30 days, and notified the affected local units of the estimated

 

20  payments at least 30 days before the acquisition.

 

21        (3) Before May 1, 2015, the department shall not acquire

 

22  surface rights to land if the department owns, or as a result of

 

23  the acquisition will own, the surface rights to more than

 

24  4,626,000 acres of land.

 

25        (4) Beginning May 1, 2015, the department shall not acquire

 

26  surface rights to land north of the Mason-Arenac line if the

 

27  department owns, or as a result of the acquisition will own, the

 


 1  surface rights to more than 3,910,000 acres of land north of the

 

 2  Mason-Arenac line. It is the intention of the legislature, if the

 

 3  legislature approves the strategic plan, to amend this section to

 

 4  remove the limitation set forth in this subsection.This

 

 5  subsection does not apply after the enactment of legislation

 

 6  adopting the strategic plan.

 

 7        (5) For the purposes of subsections (3) and (4), the number

 

 8  of acres of land in which the department owns surface rights does

 

 9  not include any of the following:

 

10        (a) Land in which the department has a conservation

 

11  easement.

 

12        (b) Land platted under the land division act, 1967 PA 288,

 

13  MCL 560.101 to 560.293, or a predecessor act before the effective

 

14  date of the amendatory act that added this subsection July 2,

 

15  2012 if acquired by the department before the effective date of

 

16  the amendatory act that added this subsection.July 2, 2012.

 

17        (c) Any of the following if acquired on or after the

 

18  effective date of the amendatory act that added this

 

19  subsection:July 2, 2012:

 

20        (i) Land with an area of not more than 80 acres, or a right-

 

21  of-way, for accessing other land owned by the department.

 

22        (ii) A trail, subject to all of the following:

 

23        (A) If the traveled portion of the trail is located within

 

24  an abandoned railroad right-of-way, the land excluded is limited

 

25  to the abandoned railroad right-of-way.

 

26        (B) If the traveled portion of the trail is located in a

 

27  utility easement, the land excluded is limited to the utility

 


 1  easement.

 

 2        (C) If sub-subparagraphs (A) and (B) do not apply, the land

 

 3  excluded is limited to the traveled portion of the trail and

 

 4  contiguous land. The area of the contiguous land shall not exceed

 

 5  the product of 100 feet multiplied by the length of the trail in

 

 6  feet.

 

 7        (iii) Land that, on the effective date of the amendatory act

 

 8  that added this subsection, July 2, 2012 was commercial

 

 9  forestland as defined in section 51101 if the land continues to

 

10  be used in a manner consistent with part 511.

 

11        (iv) Land acquired by the department by gift, including the

 

12  gift of funds specifically dedicated to land acquisition.

 

13        (v) Land acquired by the department through litigation.

 

14        (6) The department shall maintain a record of land as

 

15  described in subsection (5)(a) to (c). The record shall include

 

16  the location, acreage, date of acquisition, and use of the land.

 

17  The department shall post and maintain on its website all of the

 

18  following information:

 

19        (a) The number of acres of land, including land as described

 

20  in subsection (5), in which the department owns surface rights

 

21  north of the Mason-Arenac line, south of the Mason-Arenac line,

 

22  in total for this state, and by program.

 

23        (b) The number of acres of land, excluding land as described

 

24  in subsection (5), in which the department owns surface rights

 

25  north of the Mason-Arenac line, south of the Mason-Arenac line,

 

26  in total for this state, and by program.

 

27        (7) By October 1, 2014, the department shall develop a

 


 1  written strategic plan to guide the acquisition and disposition

 

 2  of state lands managed by the department, submit the plan to the

 

 3  senate and house committees with primary responsibility for

 

 4  natural resources and outdoor recreation and the corresponding

 

 5  appropriation subcommittees, and post the plan on the

 

 6  department's website. In developing the plan, the department

 

 7  shall solicit input from the public and local units of

 

 8  government.

 

 9        (8) The strategic plan shall do all of the following:

 

10        (a) Divide this state into regions.

 

11        (b) Identify lands managed by the department in each region.

 

12        (c) Set forth for each region measurable strategic

 

13  performance goals with respect to all of the following for land

 

14  managed by the department:

 

15        (i) Maximizing availability of points of access to the land

 

16  and to bodies of water on or adjacent to the land.

 

17        (ii) Maximizing outdoor recreation opportunities.

 

18        (iii) Forests.

 

19        (iv) Wildlife and fisheries.

 

20        (d) To assist in achieving the goals set forth in the

 

21  strategic plan pursuant to subdivision (c), identify all of the

 

22  following:

 

23        (i) Land to be acquired.

 

24        (ii) Land to be disposed of.

 

25        (iii) Plans for natural resource management.

 

26        (e) To the extent feasible, identify public lands in each

 

27  region that are not managed by the department but affect the

 


 1  achievement of the goals set forth in the strategic plan pursuant

 

 2  to subdivision (c).

 

 3        (f) Identify ways that the department can better coordinate

 

 4  the achievement of the goals set forth in the strategic plan

 

 5  pursuant to subdivision (c), recognizing that public lands are

 

 6  subject to multiple uses and both motorized and nonmotorized

 

 7  uses.

 

 8        (9) The department shall not implement the strategic plan as

 

 9  it applies to land north of the Mason-Arenac line. It is the

 

10  intention of the legislature, if the legislature approves the

 

11  strategic plan, to amend this section to remove the prohibition

 

12  set forth in this subsection. This subsection does not apply

 

13  after the enactment of legislation adopting the strategic plan.

 

14        (10) The department shall annually report on the

 

15  implementation of the plan and submit and post the report in the

 

16  manner provided in subsection (7).

 

17        (11) (10) Beginning 8 years after the effective date of the

 

18  amendatory act that added this subsection July 2, 2020 and every

 

19  6 years thereafter, the department shall update the strategic

 

20  plan and submit and post the updated plan in the manner provided

 

21  in subsection (7). At least 60 days before posting the updated

 

22  plan, the department shall prepare, submit, and post in the

 

23  manner provided in subsection (7) a report on progress toward the

 

24  goals set forth pursuant to subsection (8)(c) in portions of this

 

25  state where, subject to subsection (9), the plan is being

 

26  implemented and any proposed changes to the goals, including the

 

27  rationale for the changes. The submittal and posting shall

 


 1  include department contact information for persons who wish to

 

 2  comment on the report.

 

 3        (12) (11) At least 30 days before acquiring or disposing of

 

 4  land, the department shall submit to the senate and house

 

 5  committees with primary responsibility for natural resources and

 

 6  outdoor recreation and the corresponding appropriations

 

 7  subcommittees a statement identifying the land and describing the

 

 8  effect of the proposed transaction on achieving the goals set

 

 9  forth in the strategic plan pursuant to subsection (8)(c). The

 

10  statement shall include department contact information for

 

11  persons who wish to comment on the acquisition or disposition and

 

12  be in a standard format. The department shall also post the

 

13  statement on its website for at least 30 days before the

 

14  acquisition or disposition. This subsection does not apply before

 

15  the department submits the strategic plan to legislative

 

16  committees as required under subsection (7).

 

17        (13) (12) The department may accept funds, money, or grants

 

18  for development of salmon and steelhead trout fishing in this

 

19  state from the government of the United States, or any of its

 

20  departments or agencies, pursuant to the anadromous fish

 

21  conservation act, 16 USC 757a to 757f, and may use this money in

 

22  accordance with the terms and provisions of that act. However,

 

23  the acceptance and use of federal funds does not commit state

 

24  funds and does not place an obligation upon the legislature to

 

25  continue the purposes for which the funds are made available.

 

26        (14) (13) The department may appoint persons to serve as

 

27  volunteers for the purpose of facilitating the responsibilities

 


 1  of the department as provided in this part. Subject to the

 

 2  direction of the department, a volunteer may use equipment and

 

 3  machinery necessary for the volunteer service, including, but not

 

 4  limited to, equipment and machinery to improve wildlife habitat

 

 5  on state game areas.

 

 6        (15) (14) The department may lease lands owned or controlled

 

 7  by the department or may grant concessions on lands owned or

 

 8  controlled by the department to any person for any purpose that

 

 9  the department determines to be necessary to implement this part.

 

10  In granting a concession, the department shall provide that each

 

11  concession is awarded at least every 7 years based on extension,

 

12  renegotiation, or competitive bidding. However, if the department

 

13  determines that a concession requires a capital investment in

 

14  which reasonable financing or amortization necessitates a longer

 

15  term, the department may grant a concession for up to a 15-year

 

16  term. A concession granted under this subsection shall require,

 

17  unless the department authorizes otherwise, that all buildings

 

18  and equipment shall be removed at the end of the concession's

 

19  term. Any lease entered into under this subsection shall limit

 

20  the purposes for which the leased land is to be used and shall

 

21  authorize the department to terminate the lease upon a finding

 

22  that the land is being used for purposes other than those

 

23  permitted in the lease. Unless otherwise provided by law, money

 

24  received from a lease or a concession of tax reverted land shall

 

25  be credited to the fund providing financial support for the

 

26  management of the leased land. Money received from a lease of all

 

27  other land shall be credited to the fund from which the land was

 


 1  purchased. However, money received from program-related leases on

 

 2  these lands shall be credited to the fund providing financial

 

 3  support for the management of the leased lands. For land managed

 

 4  by the forest management division of the department, that fund is

 

 5  either the forest development fund established pursuant to

 

 6  section 50507 or the forest recreation account of the Michigan

 

 7  conservation and recreation legacy fund provided for in section

 

 8  2005. For land managed by the wildlife or fisheries division of

 

 9  the department, that fund is the game and fish protection account

 

10  of the Michigan conservation and recreation legacy fund provided

 

11  for in section 2010.

 

12        (16) (15) When the department sells land, the deed by which

 

13  the land is conveyed may reserve all mineral, coal, oil, and gas

 

14  rights to this state only when the land is in production or is

 

15  leased or permitted for production, or when the department

 

16  determines that the land has unusual or sensitive environmental

 

17  features or that it is in the best interest of this state to

 

18  reserve those rights as determined by commission policy. However,

 

19  the department shall not reserve the rights to sand, gravel,

 

20  clay, or other nonmetallic minerals. When the department sells

 

21  land that contains subsurface rights, the department shall

 

22  include a deed restriction that restricts the subsurface rights

 

23  from being severed from the surface rights in the future. If the

 

24  landowner severs the subsurface rights from the surface rights,

 

25  the subsurface rights revert to this state. The deed may reserve

 

26  to this state the right of ingress and egress over and across

 

27  land along watercourses and streams. Whenever an exchange of land

 


 1  is made with the United States government, a corporation, or an

 

 2  individual for the purpose of consolidating the state forest

 

 3  reserves, the department may issue deeds without reserving to

 

 4  this state the mineral, coal, oil, and gas rights and the rights

 

 5  of ingress and egress. The department may sell the limestone,

 

 6  sand, gravel, or other nonmetallic minerals. However, the

 

 7  department shall not sell a mineral or nonmetallic mineral right

 

 8  if the sale would violate part 353, part 637, or any other

 

 9  provision of law. The department may sell all reserved mineral,

 

10  coal, oil, and gas rights to such lands upon terms and conditions

 

11  as the department considers proper and may sell oil and gas

 

12  rights as provided in part 610. The owner of those lands as shown

 

13  by the records shall be given priority in case the department

 

14  authorizes any sale of those lands, and, unless the landowner

 

15  waives that priority, the department shall not sell such rights

 

16  to any other person. For the purpose of this section, mineral

 

17  rights do not include rights to sand, gravel, clay, or other

 

18  nonmetallic minerals.

 

19        (17) (16) The department may enter into contracts for the

 

20  sale of the economic share of royalty interests it holds in

 

21  hydrocarbons produced from devonian or antrim shale qualifying

 

22  for the nonconventional source production credit determined under

 

23  section 45k of the internal revenue code of 1986, 26 USC 45k.

 

24  However, in entering into these contracts, the department shall

 

25  assure that revenues to the natural resources trust fund under

 

26  these contracts are not less than the revenues the natural

 

27  resources trust fund would have received if the contracts were

 


 1  not entered into. The sale of the economic share of royalty

 

 2  interests under this subsection may occur under contractual terms

 

 3  and conditions considered appropriate by the department and as

 

 4  approved by the state administrative board. Funds received from

 

 5  the sale of the economic share of royalty interests under this

 

 6  subsection shall be transmitted to the state treasurer for

 

 7  deposit in the state treasury as follows:

 

 8        (a) Net proceeds allocable to the nonconventional source

 

 9  production credit determined under section 45k of the internal

 

10  revenue code of 1986, 26 USC 45k, under this subsection shall be

 

11  credited to the environmental protection fund created in section

 

12  503a.

 

13        (b) Proceeds related to the production of oil or gas from

 

14  devonian or antrim shale shall be credited to the natural

 

15  resources trust fund or other applicable fund as provided by law.

 

16        (18) (17) As used in this section:

 

17        (a) "Concession" means an agreement between the department

 

18  and a person under terms and conditions as specified by the

 

19  department to provide services or recreational opportunities for

 

20  public use.

 

21        (b) "Lease" means a conveyance by the department to a person

 

22  of a portion of this state's interest in land under specific

 

23  terms and for valuable consideration, thereby granting to the

 

24  lessee the possession of that portion conveyed during the period

 

25  stipulated.

 

26        (c) "Mason-Arenac line" means the line formed by the north

 

27  boundaries of Mason, Lake, Osceola, Clare, Gladwin, and Arenac

 


 1  counties.

 

 2        (d) "Natural resources trust fund" means the Michigan

 

 3  natural resources trust fund established in section 35 of article

 

 4  IX of the state constitution of 1963 and provided for in section

 

 5  1902.

 

 6        (e) "Net proceeds" means the total receipts received from

 

 7  the sale of royalty interests under subsection (16) (17) less

 

 8  costs related to the sale. Costs may include, but are not limited

 

 9  to, legal, financial advisory, geological or reserve studies, and

 

10  accounting services.

 

11        (f) "Strategic plan" or "plan" means the plan developed

 

12  under subsection (7).

 

13        Sec. 44501. As used in this part:

 

14        (a) "Boat livery" means a place of business or any location

 

15  where a person rents or offers for rent any vessel other than a

 

16  nonmotorized raft to the general public for noncommercial use on

 

17  the waters of this state. Boat livery does not include a place

 

18  where a person offers cabins, cottages, motel rooms, hotel rooms,

 

19  or other similar rental units if vessels are furnished only for

 

20  the use of persons occupying the units.

 

21        (b) "Carrying passengers for hire" or "carry passengers for

 

22  hire" means the transporting of any individual on a vessel other

 

23  than a nonmotorized raft for consideration directly or indirectly

 

24  paid to the owner of the vessel, the owner's agent, the operator

 

25  of the vessel, or any other person who holds any interest in the

 

26  vessel.

 

27        (c) "Charter boat" means a vessel other than a nonmotorized

 


 1  raft that is rented or offered for rent to carry passengers for

 

 2  hire if the owner or the owner's agent retains possession,

 

 3  command, and control of the vessel.

 

 4        (d) "Class A vessel" means a vessel, except a sailboat, that

 

 5  carries for hire on navigable waters not more than 6 passengers.

 

 6        (e) "Class B vessel" means a vessel, except a sailboat, that

 

 7  carries for hire on inland waters not more than 6 passengers.

 

 8        (f) "Class C vessel" means a vessel, except a sailboat, that

 

 9  carries for hire on inland waters more than 6 passengers.

 

10        (g) "Class D vessel" means a vessel that is propelled

 

11  primarily by a sail or sails and carries for hire on navigable

 

12  waters not more than 6 passengers or carries passengers for hire

 

13  on inland waters.

 

14        (h) "Class E vessel" means a vessel that carries not more

 

15  than 6 passengers for hire and meets either of the following

 

16  requirements:

 

17        (i) Is utilized primarily as a river-drift boat that is

 

18  propelled primarily by hand.

 

19        (ii) Is a vessel that is 18 feet or less in length operated

 

20  primarily on a river or tributary to the Great Lakes, Lake St.

 

21  Clair, or their connecting waterways.

 

22        (i) "Equipment" means a system, part, or component of a

 

23  vessel as originally manufactured, or a system, part, or

 

24  component manufactured or sold for replacement, repair, or

 

25  improvement of a system, part, or component of a vessel; an

 

26  accessory or equipment for, or appurtenance to, a vessel; or a

 

27  marine safety article, accessory, or equipment intended for use

 


 1  by an individual on board a vessel; but does not include radio

 

 2  equipment.

 

 3        (j) "Inland waters" means all waters of this state, except

 

 4  navigable waters.

 

 5        (k) "Livery boat" means a vessel, other than a nonmotorized

 

 6  raft, that is rented or offered for rent by a boat livery or a

 

 7  boat owner or his or her agent if the boat livery or boat owner

 

 8  or his or her agent relinquishes or offers to relinquish complete

 

 9  physical control of the vessel to the renter while retaining

 

10  legal title to the vessel.

 

11        (l) "Navigable waters" means those waters of the state over

 

12  which this state and the United States coast guard exercise

 

13  concurrent jurisdiction, including the Great Lakes and waters

 

14  connected to the Great Lakes, to the upstream limit of navigation

 

15  as determined by the United States army corps of engineers.

 

16        (m) "Navigable waters livery boat" means a livery boat other

 

17  than a nonmotorized canoe or kayak that is more than 20 feet in

 

18  length and is rented or offered for rent for use on navigable

 

19  waters.

 

20        (n) "Operate", when used with reference to a vessel, means

 

21  to start any propulsion engine or to physically control the

 

22  motion, direction, or speed of the vessel.

 

23        (o) "Owner", when used in reference to a vessel, means a

 

24  person who claims lawful possession of the vessel by virtue of

 

25  legal title or an equitable interest in a vessel that entitles

 

26  that person to possession of the vessel.

 

27        (p) "Passenger" means an individual carried on board a

 


 1  charter boat except either any of the following:

 

 2        (i) The owner of the vessel or the owner's agent.

 

 3        (ii) The pilot and members of the crew of the vessel who have

 

 4  not contributed consideration for their transportation either

 

 5  before, during, or after the voyage.

 

 6        (q) "Peace officer" means a sheriff or sheriff's deputy;

 

 7  village or township marshal; officer of the police department of

 

 8  any city, village, or township; officer of the Michigan state

 

 9  police; or other police officer or law enforcement officer who is

 

10  trained and certified pursuant to the commission on law

 

11  enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616, and

 

12  includes the director and conservation officers employed by the

 

13  department.

 

14        (r) "Personal watercraft" means a vessel that meets all of

 

15  the following requirements:

 

16        (i) Uses a motor-driven propeller or an internal combustion

 

17  engine powering a water jet pump as its primary source of

 

18  propulsion.

 

19        (ii) Is designed without an open load carrying area that

 

20  would retain water.

 

21        (iii) Is designed to be operated by 1 or more individuals

 

22  positioned on, rather than within, the confines of the hull.

 

23        (s) "Pilot's license" means a vessel operator's license

 

24  issued by the United States coast guard or other federal agency,

 

25  or a license issued by the department to an operator of a charter

 

26  boat that is operated on inland waters.

 

27        (t) "Training or instructional purposes" means the teaching

 


 1  of any individual in the handling and navigation of a vessel or

 

 2  the techniques of waterskiing.

 

 3        (u) "Vessel" means every description of watercraft, other

 

 4  than a seaplane, used or capable of being used as a means of

 

 5  transportation on water irrespective of the method of operation

 

 6  or propulsion.

 

 7        (v) "Waters of the state" means any waters within the

 

 8  territorial limits of this state and includes those waters of the

 

 9  Great Lakes which are under the jurisdiction of this state.

 

10        (w) "Waterways account" means the waterways account of the

 

11  Michigan conservation and recreation legacy fund provided for in

 

12  section 2035.

 

13        Sec. 44516. (1) A boat livery shall not rent a motorized

 

14  livery boat unless the livery boat has a current annual

 

15  inspection decal, plate, or tab as provided under section 44518.

 

16        (2) Regardless of whether the livery boats are motorized or

 

17  nonmotorized, a person shall not operate a boat livery except as

 

18  authorized by a permit issued pursuant to part 13. Subject to

 

19  subsection (7), the owner of a boat livery shall submit an

 

20  application for a boat livery permit to the sheriff's department

 

21  of the county where the boat livery is located. The application

 

22  for a boat livery permit shall include all of the following:

 

23        (a) The boat livery name.

 

24        (b) The mailing address of the boat livery.

 

25        (c) The location of the boat livery.

 

26        (d) The waters of the state on which the boat livery rents

 

27  vessels.

 


 1        (e) The number and types of livery boats available for rent,

 

 2  including whether the boats are motorized.of each of the

 

 3  following available for rent:

 

 4        (i) Motorized livery boats, other than navigable waters

 

 5  livery boats.

 

 6        (ii) Nonmotorized livery boats, other than navigable waters

 

 7  livery boats.

 

 8        (iii) Navigable waters livery boats.

 

 9        (3) An application for a boat livery permit shall be

 

10  accompanied by an inspection fee of $100.00 for each navigable

 

11  waters livery boat that the boat livery rents or offers to rent.

 

12  A fee collected under this subsection shall be forwarded to the

 

13  department of treasury to be credited to the marine safety

 

14  subaccount of the waterways account. An inspection of a navigable

 

15  waters livery boat shall be a comprehensive dockside inspection.

 

16        (4) After a sheriff's department receives an application for

 

17  a boat livery permit, if If the boat livery rents or offers for

 

18  rent 1 or more motorized livery boats, after the sheriff's

 

19  department receives an application for a boat livery permit under

 

20  subsection (3), the county sheriff or a deputy sheriff shall

 

21  inspect the motorized livery boats and associated equipment to

 

22  determine if they meet the minimum safety standards established

 

23  under rules promulgated under this part.

 

24        (5) A boat livery permit shall be issued if any of the

 

25  following apply:

 

26        (a) One or more motorized livery boats and their associated

 

27  equipment pass inspection under subsection (4).

 


 1        (b) The boat livery rents or offers for rent 1 or more

 

 2  nonmotorized livery boats.

 

 3        (6) A boat livery owner shall ensure that prominently

 

 4  display a boat livery permit issued under subsection (5) is

 

 5  prominently displayed on the site of the boat livery. The permit

 

 6  expires on May 31 of the year following the year in which the

 

 7  permit is issued.

 

 8        (7) The department and a conservation officer shall exercise

 

 9  the powers and perform the duties of the county sheriff's

 

10  department and a sheriff or deputy sheriff under this section and

 

11  section 44518 under any of the following circumstances:

 

12        (a) If the county does not receive state aid under section

 

13  80117 to conduct a marine safety program.

 

14        (b) If the boat livery rents or offers to rent a navigable

 

15  waters livery boat.

 

16        (8) The department of natural resources shall furnish boat

 

17  livery permit application forms, blank boat livery permits,

 

18  registration decals, and inspection decals, plates, or tabs to

 

19  the sheriff's department.

 

20        Sec. 44518. (1) The sheriff of the county where a boat

 

21  livery is located or a deputy sheriff shall affix or cause to be

 

22  affixed an inspection decal, plate, or tab to each motorized

 

23  livery boat that passes the inspection under section 44516.

 

24        (2) An inspection decal, plate, or tab under subsection (1)

 

25  expires on May 31 of the year following the year in which the

 

26  inspection decal, plate, or tab is issued. The inspection decal,

 

27  plate, or tab shall bear all of the following information:

 


 1        (a) The maximum number of persons permitted to be carried

 

 2  aboard the motorized livery boat.

 

 3        (b) The maximum horsepower of a motor permitted to be used

 

 4  on the motorized livery boat.

 

 5        (c) Other Any other information as that the department may

 

 6  reasonably require.

 

 7        (3) A boat livery owner shall pay to the sheriff or deputy

 

 8  sheriff a fee of $2.00 for each decal, plate, or tab affixed

 

 9  under subsection (1) to a motorized livery boat other than a

 

10  navigable waters livery boat. Fees collected under this

 

11  subsection shall be forwarded as follows:

 

12        (a) Except as provided in subdivision (b), to the treasurer

 

13  of the county in which the fee is collected to be credited for

 

14  the purpose of reimbursing the sheriff's department for expenses

 

15  incurred under this part.

 

16        (b) If, pursuant to section 44516(7), a conservation officer

 

17  performs the inspection, to the department of treasury to be

 

18  credited to the marine safety subaccount of the waterways

 

19  account.

 

20        Sec. 44520a. (1) An owner of a nonmotorized livery boat is

 

21  not liable for an injury to or the death of a user of the

 

22  nonmotorized livery boat resulting from a risk inherent in the

 

23  use or operation of a nonmotorized livery boat.

 

24        (2) An owner of a nonmotorized livery boat shall post

 

25  display in conspicuous locations a notice specifying that a user

 

26  of the nonmotorized livery boat accepts the risk inherent in the

 

27  use or operation of a nonmotorized livery boat.

 


 1        (3) As used in this section:

 

 2        (a) "Owner of a nonmotorized livery boat" means the person

 

 3  who owns the nonmotorized livery boat, the boat livery that rents

 

 4  or furnishes the nonmotorized livery boat for use, or an employee

 

 5  or agent of the owner or boat livery.

 

 6        (b) "Risk inherent in the use or operation of a nonmotorized

 

 7  livery boat" means a danger or condition that is an integral part

 

 8  of the use or operation of a nonmotorized livery boat and is

 

 9  limited to 1 or more of the following:

 

10        (i) Wave or other water motion.

 

11        (ii) Weather conditions.

 

12        (iii) Contact or maneuvers necessary to avoid contact with

 

13  another vessel or a manmade object in or near the water.

 

14        (iv) Contact or maneuvers necessary to avoid contact with

 

15  rock, sand, vegetation, or other natural objects in or near the

 

16  water.

 

17        (v) Malfunction of equipment, except for equipment owned by

 

18  the owner of a nonmotorized livery boat.

 

19        (vi) Failure to use or wear a personal flotation device or to

 

20  have lifesaving equipment available, except if the owner of a

 

21  nonmotorized livery boat failed to provide the personal flotation

 

22  device or lifesaving equipment when required by law to do so.

 

23        (vii) The actions of a vessel operator, except if the owner

 

24  of a nonmotorized livery boat rented the livery boat to an

 

25  operator who the owner knew or in the exercise of reasonable care

 

26  should have known was disqualified by law from operating the

 

27  livery boat.

 


 1        (viii) Having on board a number of persons or weight of

 

 2  persons, gear, and other items that exceeds the maximum approved

 

 3  for the livery boat, except in any of the following

 

 4  circumstances:

 

 5        (A) If the owner of a nonmotorized livery boat knowingly

 

 6  allowed the livery boat to leave the boat livery's premises

 

 7  relinquished physical control of the livery boat to a user of the

 

 8  nonmotorized livery boat with a number of persons or weight of

 

 9  persons, gear, and other items on board that exceeds the maximum

 

10  approved for the livery boat or did not properly inform the user

 

11  of the nonmotorized livery boat of the maximum weight or number

 

12  of persons approved for the livery boat.

 

13        (B) If a nonmotorized livery boat did not display the

 

14  maximum number of persons or maximum weight of persons, gear, or

 

15  other items permitted to be carried on board as required under

 

16  section 44520 when the boat livery owner relinquished physical

 

17  control of the livery boat to the renter or an individual in the

 

18  renter's party.a user of the nonmotorized livery boat.

 

19        (c) "User of the nonmotorized livery boat" means an

 

20  individual who participates in the use or operation of the

 

21  nonmotorized livery boat regardless of whether the individual

 

22  rented the nonmotorized livery boat.

 

23        Sec. 44522. (1) A boat livery shall not lease, hire, or rent

 

24  a personal watercraft to any of the following:

 

25        (a) A person who is under 14 years of age.

 

26        (b) A person who does not display a boater safety

 

27  certificate that is issued by the department as if required under

 


 1  the personal watercraft safety act, 1998 PA 116, MCL 281.1401 to

 

 2  281.1445. part 802.

 

 3        (c) A person who is not required to obtain a boater safety

 

 4  certificate issued by the department under the personal

 

 5  watercraft safety act, 1998 PA 116, MCL 281.1401 to 281.1445,

 

 6  part 802 before operating a personal watercraft, unless the

 

 7  person obtains training in the safe use of a personal watercraft

 

 8  from the boat livery prior to the lease, hire, or rent of before

 

 9  the personal watercraft is rented. The department shall provide

 

10  to boat liveries guidelines for the training required under this

 

11  subdivision.

 

12        (2) A person who leases, hires, or rents a personal

 

13  watercraft from a boat livery shall not permit an individual to

 

14  operate the personal watercraft if the individual has not

 

15  obtained a boating safety certificate or other certification as

 

16  required under the personal watercraft safety act, 1998 PA 116,

 

17  MCL 281.1401 to 281.1445.part 802.

 

18        (3) A boat livery shall provide a copy of the written rental

 

19  agreement to each individual who leases, hires, or rents a

 

20  personal watercraft from the boat livery and who has obtained the

 

21  training required under subsection (1). The written rental

 

22  agreement shall include all of the following information:

 

23        (a) The name of the person who leases, hires, or rents a

 

24  personal watercraft from the boat livery.

 

25        (b) The date or dates of the lease, hire, or rental.

 

26        (4) The written rental agreement described under subsection

 

27  (3) is a valid boating safety certificate under the personal

 


 1  watercraft safety act, 1998 PA 116, MCL 281.1401 to 281.1445,

 

 2  part 802 only for the person named in the certificate on the date

 

 3  or dates of the lease, hire, or rental of the personal

 

 4  watercraft.

 

 5        (5) A person who leases, hires, or rents a personal

 

 6  watercraft from a boat livery is liable for any injury occasioned

 

 7  by the negligent operation of the personal watercraft, whether

 

 8  the negligence consists of a violation of the statutes of this

 

 9  state, or in the failure to observe the ordinary care in the

 

10  operation that the rules of required by the common law. require.

 

11  The person is not liable unless the personal watercraft is being

 

12  used with his or her expressed or implied consent. It shall be

 

13  rebuttably presumed that the personal watercraft is being

 

14  operated with the knowledge and consent of the person if it is

 

15  driven at the time of the injury by his or her son, daughter,

 

16  spouse, father, mother, brother, sister, or other immediate

 

17  member of the person's family.

 

18        (6) A person who violates subsection (1) or (2) is guilty of

 

19  a misdemeanor, punishable by imprisonment for not more than 90

 

20  days or a fine of not less than $100.00 or more than $500.00, or

 

21  both. A person who violates subsection (1) or (2) twice within a

 

22  3-year period is guilty of a misdemeanor punishable by

 

23  imprisonment for not more than 90 days or a fine of not more than

 

24  $1,000.00, or both. A person who violates subsection (1) or (2) 3

 

25  or more times within a 5-year period is guilty of a misdemeanor

 

26  punishable by imprisonment for not more than 90 days or a fine of

 

27  not more than $2,000.00, or both.

 


 1        (7) In addition to any penalty imposed under subsection (6),

 

 2  upon a person's second or subsequent violation of subsection (1),

 

 3  the court may issue an order impounding the personal watercraft

 

 4  that was leased, hired, or rented in violation of subsection (1)

 

 5  for a period of not more than 1 year. The cost of storage for an

 

 6  impoundment ordered under this subsection shall be paid by the

 

 7  owner of the personal watercraft.

 

 8        Sec. 80124. (1) Except as otherwise provided in this

 

 9  section, the owner of a vessel required, pursuant to sections

 

10  80122 and 80123, to be numbered and to display a decal shall file

 

11  an application for a certificate of number with the secretary of

 

12  state. The secretary of state shall prescribe and furnish

 

13  certificate of title application forms. If a vessel requiring a

 

14  certificate of title under part 803 is sold by a dealer, that

 

15  dealer shall combine the application for a certificate of number

 

16  that is signed by the vessel owner with the application for a

 

17  certificate of title. The dealer shall obtain the certificate of

 

18  number in the name of the owner. The application for a

 

19  certificate of number shall include a certification. The owner of

 

20  the vessel shall sign the application or, if the application is

 

21  filed electronically, provide information requested by the

 

22  secretary of state to verify the owner's identity. A person shall

 

23  not file an application for a certificate of number that contains

 

24  false information. A dealer who fails to submit an application as

 

25  required by this section is guilty of a misdemeanor, punishable

 

26  by imprisonment for not more than 90 days, or a fine of not more

 

27  than $100.00, or both.

 


 1        (2) A dealer who submits an application for a certificate of

 

 2  number as provided in subsection (1) may issue to the owner of

 

 3  the vessel a 15-day permit, on forms prescribed by the secretary

 

 4  of state, for the use of the vessel while the certificate of

 

 5  number is being issued.

 

 6        (3) A dealer may issue a 15-day permit, on a form prescribed

 

 7  by the secretary of state, for the use of a vessel purchased in

 

 8  this state and delivered to the purchaser for removal to a place

 

 9  outside of this state, if the purchaser certifies by his or her

 

10  signature that the vessel will be registered and primarily used

 

11  and stored outside of this state and will not be returned to this

 

12  state by the purchaser for use or storage. A certificate of

 

13  number shall not be issued for a vessel holding a permit under

 

14  this subsection.

 

15        (4) A 15-day permit issued under subsection (2) or (3) shall

 

16  not be renewed or extended.

 

17        (5) A person shall operate or permit the operation of a

 

18  vessel for which a 15-day permit has been issued under this

 

19  section only if the permit is valid and displayed on the vessel

 

20  as prescribed by rule promulgated by the department under this

 

21  part.

 

22        (6) Except as otherwise provided in this section, an

 

23  applicant shall pay the following fee at the time of application:

 

 

24      (a) A 15-day permit issued under subsection (3).. $    10.00

25      (b) Nonpowered vessels, other than nonmotorized

26 canoes or kayaks.......................................      9.00

27      (c) Nonmotorized canoes or kayaks.................      5.00


     (d) Motorboats less than 12 feet in length........     14.00

     (e) Motorboats 12 feet or over but less than

16 feet in length......................................     17.00

     (f) Motorboats 16 feet or over but less than

21 feet in length......................................     42.00

     (g) Motorboats 21 feet or over but less than

28 feet in length......................................    115.00

     (h) Motorboats 28 feet or over but less than

35 feet in length......................................    168.00

10      (i) Motorboats 35 feet or over but less than

11 42 feet in length......................................    244.00

12      (j) Motorboats 42 feet or over but less than

13 50 feet in length......................................    280.00

14      (k) Motorboats 50 feet in length or over..........    448.00

15      (l) Pontoon vessels regardless of size............     23.00

16      (m) Motorized canoes regardless of size...........     14.00

17      (n) Vessels licensed under part 473...............     15.00

18      (o) Vessels carrying passengers for hire that

19 are in compliance with part 445, or under federal law;

20 and vessels carrying passengers and freight or freight

21 only and owned within this state or hailing from a

22 port within this state.................................     45.00

 

 

23        (7) As used in this section, "the length of a vessel" means

 

24  the distance from end to end over the deck, excluding the

 

25  longitudinal upward or downward curve of the deck, fore and aft.

 

26  A For a pontoon boat, shall be measured by length of a vessel

 

27  means the length of its deck, fore and aft.

 

28        (8) Payment of the fee specified in this section exempts the

 

29  vessel from the tax imposed under the general property tax act,

 


 1  1893 PA 206, MCL 211.1 to 211.155.

 

 2        (9) Upon receipt of an initial application for a certificate

 

 3  of number in approved form and payment of the required fee, the

 

 4  secretary of state shall enter the information upon the official

 

 5  records and issue to the applicant a certificate of number

 

 6  containing the number awarded to the vessel, the name and address

 

 7  of the owner, and other information that the secretary of state

 

 8  determines necessary. The secretary of state shall issue a

 

 9  certificate of number that is pocket size and legible. Except as

 

10  provided in subsection (13), a person operating a vessel shall

 

11  present that vessel's certificate of number to a peace officer

 

12  upon the peace officer's request.

 

13        (10) If a check or draft payable to the secretary of state

 

14  under this part is not paid on its first presentation, the fee or

 

15  tax is delinquent as of the date the draft or check was tendered.

 

16  The person tendering the check or draft remains liable for the

 

17  payment of each the fee or tax and a penalty.

 

18        (11) Upon determining that a fee or tax required by this

 

19  part has not been paid and remains unpaid after reasonable notice

 

20  and demand, the secretary of state may suspend a certificate of

 

21  number.

 

22        (12) If a person who tenders a check or draft described in

 

23  subsection (10) fails to pay the fee or tax for which the check

 

24  or draft was tendered within 15 days after the secretary of state

 

25  gives him or her notice that the check or draft described in

 

26  subsection (10) was not paid on its first presentation, the

 

27  secretary of state shall assess and collect a penalty of $5.00 or

 


 1  20% of the check or draft, whichever is larger, in addition to

 

 2  the fee or tax.

 

 3        (13) The owner or authorized agent of the owner of a vessel

 

 4  less than 26 feet in length that is leased or rented to a person

 

 5  for noncommercial use for not more than 24 hours may retain, at

 

 6  the place from which the vessel departs or returns to the

 

 7  possession of the owner or the owner's representative, the

 

 8  certificate of number for that vessel if a copy of the lease or

 

 9  rental agreement is on the vessel. Upon the demand of a peace

 

10  officer, the operator shall produce for inspection either the

 

11  certificate of number or a copy of the lease or rental agreement

 

12  for that vessel. The lease or rental agreement shall contain each

 

13  of the following:

 

14        (a) The vessel number that appears on the certificate of

 

15  number.

 

16        (b) The period of time for which the vessel is leased or

 

17  rented.

 

18        (c) The signature of the vessel's owner or that person's

 

19  authorized agent.

 

20        (d) The signature of the person leasing or renting the

 

21  vessel.

 

22        (14) Upon receipt of a certificate of number for a vessel,

 

23  the owner of that vessel shall paint on or attach in a permanent

 

24  manner to each side of the forward half of the vessel the number

 

25  identified in the certificate of number, in the manner prescribed

 

26  by rules promulgated by the department. The secretary of state

 

27  shall assign to the owner of vessels for rent or lease a block of

 


 1  numbers sufficient to number consecutively all of that owner's

 

 2  rental or lease vessels. The owner shall maintain the numbers in

 

 3  a legible condition. A vessel documented by the United States

 

 4  coast guard or a federal agency that is the successor to the

 

 5  United States coast guard is not required to display numbers

 

 6  under this part but shall display a decal indicating payment of

 

 7  the fee prescribed in subsection (6), and shall otherwise be in

 

 8  compliance with this part. This subsection does not apply to a

 

 9  nonpowered vessel 12 feet or less in length.

 

10        (15) Upon receipt of an application for a certificate of

 

11  number in an approved form and payment of the fee required by

 

12  this part, the secretary of state shall issue a decal that is

 

13  color-coded and dated to identify the year of its expiration, and

 

14  that indicates that the vessel is numbered in compliance with

 

15  this part. The decal shall be color-coded and dated to identify

 

16  the year of its expiration. The department shall promulgate a

 

17  rule or rules to establish the manner in which the decal is to be

 

18  displayed. A person who operates a vessel in violation of a rule

 

19  promulgated to implement this subsection is responsible for a

 

20  state civil infraction and may be ordered to pay a civil fine of

 

21  not more than $500.00.

 

22        (16) A decal is valid for a 3-year period that begins on

 

23  April 1 and expires on March 31 of the third year. An original

 

24  certificate of number may be issued up to 90 days before April 1.

 

25  A numbering renewal decal or other renewal device may be issued

 

26  up to 90 days before the expiration of a certificate.

 

27        (17) Upon receipt of a request for renewal of a decal and

 


 1  payment of the fee prescribed in subsection (6), the secretary of

 

 2  state shall issue to the applicant a decal as provided in

 

 3  subsection (15). A person who operates a vessel for which no

 

 4  decal was issued as required under this section or for which a

 

 5  decal has expired is responsible for a state civil infraction and

 

 6  may be ordered to pay a civil fine of not more than $500.00.

 

 7        (18) The numbering system adopted under this part shall be

 

 8  in accordance with the standard system of numbering established

 

 9  by the secretary of the department in which the United States

 

10  coast guard operates.

 

11        (19) An agency of this state, a political subdivision of

 

12  this state, or a state supported college or university of this

 

13  state that owns a vessel that is required to be numbered under

 

14  this part shall register that vessel and upon payment of either

 

15  of the following shall receive from the secretary of state a

 

16  certificate of number for that vessel:

 

17        (a) A fee of $3.00 for a vessel that is not used for

 

18  recreational, commercial, or rental purposes.

 

19        (b) The fee required under subsection (6) for a vessel that

 

20  is used for recreational, commercial, or rental purposes.

 

21        (20) The secretary of state shall, upon receipt of payment

 

22  of the fee required under subsection (19), issue a certificate of

 

23  number for each vessel subject to subsection (19).

 

24        (21) A vessel that is 30 years of age or older and not used

 

25  other than in club activities, exhibitions, tours, parades, and

 

26  other similar activities is a historic vessel. The secretary of

 

27  state shall make available to the public application forms for

 


 1  certificates of number for historic vessels and, upon receipt of

 

 2  a completed application form and fee, shall number a historic

 

 3  vessel as a historic vessel. The fee for the numbering of a

 

 4  historic vessel is 1/3 of the otherwise applicable fee specified

 

 5  in subsection (6).

 

 6        (22) The secretary of state shall refund to the owner of a

 

 7  vessel registered under this part all of the registration fee

 

 8  paid for that vessel under this section if all of the following

 

 9  conditions are met during the period for which the registration

 

10  fee was paid:

 

11        (a) The owner transfers or assigns title or interest in the

 

12  registered vessel before placing the decal issued under

 

13  subsection (15) on the vessel.

 

14        (b) The owner surrenders the unused decal to the secretary

 

15  of state within 30 days after the date of transfer or assignment.

 

16        (23) The secretary of state shall refund to the surviving

 

17  spouse of a deceased vessel owner the registration fee paid under

 

18  this part, prorated on a monthly basis, upon receipt of the decal

 

19  issued under subsection (15) or evidence satisfactory to the

 

20  secretary of state that the decal issued under subsection (15)

 

21  has been destroyed or voided.

 

22        (24) If the secretary of state computes a fee under this

 

23  part that results in a figure other than a whole dollar amount,

 

24  the secretary of state shall round the figure to the nearest

 

25  whole dollar.