April 29, 2015, Introduced by Rep. Kesto and referred to the Committee on Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 80152 (MCL 324.80152), as amended by 2012 PA
58.
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
while
towing or otherwise assisting a person being towed in tow
unless
both all 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 in
tow
is on board onboard
the vessel and positioned to observe the
person
being towed or assisted.in
tow.
(b)
The person being towed in
tow 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.
(c) A bright or brilliant orange or red flag no smaller than
12 inches by 12 inches, mounted on a handle, and visible from all
directions is displayed at all times that a person is in tow.
(d) The vessel is designed by the manufacturer to carry the
operator, the observer required under subdivision (a), and the
person in tow.
(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 $100.00.
(3)
A person shall not permit himself or herself to be towed
or
otherwise assisted in tow 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 $100.00.
(5) Subsections (1) and (3) do not apply to any of the
following:
(a)
A person who operates or who is towed by in tow by a
vessel used by a ski school in the giving of instructions or a
vessel used in sanctioned ski tournaments, competitions,
expositions, or trials if the vessel is equipped with a 170-degree
wide-angle
rearview mirror affixed in a manner that will permit
permits
the operator to observe the progress of
the person being
towed.in tow.
(b)
A person being towed in
tow by a motorboat less than 16
feet
in length that is actually operated by the person being towed
in tow, if the vessel is constructed to be incapable of carrying
the operator in or on the motorboat.
(c)
A vessel operator or the person being towed in tow,
if the
vessel operator is towing a person preparing for a specific water
ski tournament and if all of the following conditions are met:
(i) The vessel operator is certified as provided in subsection
(6).
(ii) The person being towed in tow
is certified as provided in
subsection (7).
(iii) 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) The vessel is equipped with all of the following:
(A) A center-mounted tow pylon.
(B) A large clear rearview mirror capable of allowing the
vessel operator to distinguish hand signals at a distance of 75
feet.
(C) Markings that identify the vessel as a vessel that is
being operated in conformance with this subdivision.
(6) The department shall adopt standards for water ski
tournament
boat operation established by U.S.A. water ski Water Ski
in "Trained Boat Driver Program", April 1997, and by the American
water
ski association 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) The department shall adopt standards for tournament water
skiers
established by the Michigan water ski association 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)
The Michigan water ski association Water Ski Association
shall
provide annually to the department and the Michigan sheriffs
association
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) The department shall specify the body or bodies of water
upon which a water skier may practice upon each certificate issued
under subsection (7).
(10) As used in this section, "in tow" means any of the
following:
(a) A person is participating in a water sport in which the
person or a piece of equipment on which the person is riding is
attached to a vessel by a towline.
(b) A person is in the water preparing to participate in a
water sport described in subdivision (a).
(c) An extended towline is attached to a vessel for the
purpose of engaging in a water sport described in subdivision (a).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted.