HB-5989, As Passed Senate, December 12, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5989
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, in a format approved by the department, of the
boating safety certificate 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 approve 1 or more formats for
an individual to display an electronic copy of his or her boating
safety certificate.
(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 in a
format approved by the department.
(3) An individual who, under subsection (1), 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 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) House Bill No. 5988.