Bill Text: MI HB5687 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Watercraft; safety; failure to exhibit safety certificate; decriminalize. Amends sec. 80141 of 1994 PA 451 (MCL 324.80141).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2020-07-23 - Referred To Committee On Judiciary And Public Safety [HB5687 Detail]
Download: Michigan-2019-HB5687-Introduced.html
HOUSE BILL NO. 5687
March 17, 2020, Introduced by Reps. LaFave and
Filler and referred to the Committee on Judiciary.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 80141 (MCL 324.80141), as amended by 2018 PA 400.
the people of the state of michigan enact:
Sec. 80141. (1) In addition to the requirements of
subsection (2), a person less than 12 years of age shall not operate a
motorboat that is powered by a motor or motors totaling more than 6 horsepower
on the waters of this state unless both of the following requirements are met:
(a) He or she is under
the direct supervision of a person on board the motorboat who is 16 years of
age or older and who, if born on or after July 1, 1996, has been issued a
boating safety certificate.
(b) The motorboat is
powered by a motor or motors totaling no not more
than 35 horsepower.
(2) Subject to subsection (4), a A person born on or after July 1, 1996
shall not operate a motorboat that is powered by a motor or motors totaling
more than 6 horsepower on the waters of this state unless the person has been
issued a boating safety certificate.
(3) A person operating or
supervising the operation of a motorboat as described in this section shall
present the boating safety certificate issued to him or her or, at the person's
option, an electronic copy, in a format approved by the department, of a
boating safety certificate issued to him or her, upon the demand of a peace
officer who identifies himself or herself as a peace officer. A person who violates this subsection is responsible
for a state civil infraction and may be ordered to pay a civil fine of not more
than $150.00.
(4) An individual who, under subsection (3), displays an electronic copy of his or her boating safety certificate using an electronic device is not presumed to have consented to a search of the electronic device. This state, an employee of this state, a peace officer, or an entity employing the peace officer is not liable for damage to or loss of an electronic device that occurs as a result of the peace officer's viewing an electronic copy of a boating safety certificate as provided in this section, regardless of whether the peace officer was in possession of the electronic device at the time the damage or loss occurred.