HOUSE BILL No. 5989

 

 

May 15, 2018, Introduced by Reps. Bellino, Marino and LaFave and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 80213 (MCL 324.80213), as added by 2000 PA 229.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 80213. (1) An individual who is required to complete a

 

boating safety course under this part and who operates a personal

 

watercraft on the waters of this state shall display his or her

 

boating safety certificate or, at the individual's option,an

 

electronic copy of the boating safety certificate if issued by the

 

department upon the demand of a peace officer who identifies

 

himself or herself as a peace officer. Not later than March 31,

 

2019, the department shall develop the means to allow an individual

 

to display an electronic copy of his or her boating safety

 

certificate issued by the department.

 

     (2) A person shall display only his or her own boating safety

 

certificate upon the demand of a peace officer under subsection

 

(1).

 

     (3) A person shall not display a fraudulent boating safety

 

certificate to a peace officer under subsection (1).

 

     (2) (4) A peace officer shall not stop a personal watercraft

 

solely for the purpose of determining whether the operator has in

 

his or her possession a either of the following:

 

     (a) A boating safety certificate.

 

     (b) An electronic copy of a boating safety certificate issued

 

by the department.

 

     (3) An individual who, under subsection (1), displays an

 

electronic copy of his or her boating safety certificate issued by

 

the department 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 under subsection

 

(1), regardless of whether the peace officer was in possession of

 

the electronic device at the time the damage or loss occurred.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) House Bill No. 5836.

     (b) Senate Bill No.____ or House Bill No. 5988 (request no.

 

06439'18).