September 14, 2010, Introduced by Reps. Meadows, Rick Jones, Slavens, Ball and Liss and referred to the Committee on Judiciary.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 80104, 80180, 80181, 81141, 82136, and 82137
(MCL 324.80104, 324.80180, 324.80181, 324.81141, 324.82136, and
324.82137), section 80104 as amended by 2004 PA 587, section 80180
as amended by 2007 PA 8, sections 80181, 82136, and 82137 as added
by 1995 PA 58, and section 81141 as amended by 1996 PA 175.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80104. As used in this part:
(a) "Highly restricted personal information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(b) "Passenger" means a person carried on board a vessel other
than any of the following:
(i) The owner or his or her representative.
(ii) The operator.
(c) "Peace officer" means any of the following:
(i) A sheriff.
(ii) A sheriff's deputy.
(iii) A deputy who is authorized by a sheriff to enforce this
part and who has satisfactorily completed at least 40 hours of law
enforcement training, including training specific to this part.
(iv) A village or township marshal.
(v) An officer of the police department of any municipality.
(vi) An officer of the Michigan state police.
(vii) The director and conservation officers employed by the
department.
(d) "Personal information" means information that identifies
an individual, including an individual's driver identification
number, name, address not including zip code, and telephone number,
but does not include information on watercraft operation and
equipment-related violations or civil infractions, operator or
vehicle registration status, accidents, or other behaviorally-
related information.
(e) "Personal watercraft" means a vessel that meets all of the
following requirements:
(i) Uses a motor-driven propeller or an internal combustion
engine powering a water jet pump as its primary source of
propulsion.
(ii) Is designed without an open load carrying area that would
retain water.
(iii) Is designed to be operated by 1 or more persons positioned
on, rather than within, the confines of the hull.
(f) "Political subdivision" means any county, metropolitan
authority, municipality, or combination of those entities in this
state. Whenever a body of water is located in more than 1 political
subdivision, all of the subdivisions shall act individually in
order to comply with this part, except that if the problem is
confined to a specific area of the body of water, only the
political subdivision in which the problem waters lie shall act.
(g) "Port" means left, and reference is to the port side of a
vessel or to the left side of the vessel.
(h) "Preliminary chemical analysis" means either of the
following:
(i) A preliminary chemical breath analysis. As used in this
subdivision, preliminary chemical breath analysis means the on-site
taking and analysis of a person's breath to determine the presence
of alcohol in the person's body.
(ii) Preliminary chemical oral fluids analysis. As used in this
subdivision:
(A) "Immunochemical assay" means a scientific technique that
uses specific binding between an antigen and its homologous
antibody to identify and quantify a substance in a sample.
(B) "Preliminary chemical oral fluids analysis" means the on-
site taking and analysis by immunochemical assay of the oral fluids
of a person for the purpose of detecting the presence of controlled
substances within the person's body.
(i) (h)
"Probate court or family
division disposition" means
the entry of a probate court order of disposition or family
division order of disposition for a child found to be within the
provisions of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.1 to 712A.32.
(j) (i)
"Prosecuting attorney",
except as the context requires
otherwise, means the attorney general, the prosecuting attorney of
a county, or the attorney representing a political subdivision of
government.
(k) (j)
"Regatta", "boat
race", "marine parade", "tournament",
or "exhibition" means an organized water event of limited duration
that is conducted according to a prearranged schedule.
(l) (k)
"Slow—no wake speed"
means a very slow speed whereby
the wake or wash created by the vessel would be minimal.
(m) (l) "Starboard"
means right, and reference is to the
starboard side of a vessel or to the right side of the vessel.
(n) (m)
"State aid" means payment
made by the state to a
county for the conduct of a marine safety program.
(o) (n)
"Undocumented vessel"
means a vessel that does not
have, and is not required to have, a valid marine document issued
by the United States coast guard or federal agency successor to the
United States coast guard.
(p) (o)
"Uniform inspection
decal" means an adhesive-backed
sticker created by the department that is color-coded to indicate
the year that it expires and is attached to a vessel in the manner
prescribed for decals in section 80122 when a peace officer
inspects and determines that the vessel complies with this part.
(q) (p)
"Use" means operate,
navigate, or employ.
(r) (q)
"Vessel" means every
description of watercraft used or
capable of being used as a means of transportation on water.
(s) (r)
"Waters of this state"
means any waters within the
territorial limits of this state, and includes those waters of the
Great Lakes that are under the jurisdiction of this state.
(t) (s)
"Waterways account" means
the waterways account of the
Michigan conservation and recreation legacy fund provided for in
section 2035.
Sec. 80180. (1) A peace officer, without a warrant, may arrest
a person if the peace officer has reasonable cause to believe that
the person was, at the time of an accident, the operator of a
vessel involved in the accident in this state while in violation of
section 80176(1), (3), (4), or (5) or a local ordinance
substantially corresponding to section 80176(1) or (3).
(2) A peace officer who has reasonable cause to believe that a
person was operating a vessel on the waters of this state, and
that, by the consumption of intoxicating liquor or a controlled
substance, or both, the person may have affected his or her ability
to operate a vessel, may require the person to submit to a
preliminary
chemical breath analysis. The following apply with
respect
to a preliminary chemical breath analysis:
(a) Only a peace officer who has successfully completed a
training course taught by a state-certified instructor in the
administration
of the preliminary chemical breath analysis may
administer that test.
(b) A peace officer may arrest a person based in whole or in
part
upon the results of a preliminary chemical breath analysis.
(c)
The Subject to
admissibility under the Michigan rules of
evidence,
the results of a preliminary chemical breath
analysis are
admissible in a criminal prosecution for a crime described in
section 80187(1) or in an administrative hearing solely to assist
the court or hearing officer in determining a challenge to the
validity of an arrest. This subdivision does not limit the
introduction of other competent evidence offered to establish the
validity of an arrest.
(d) The results of a preliminary chemical analysis are
admissible as evidence for purposes other than the purposes listed
under subdivision (c) only if the results of the preliminary
chemical test are confirmed by liquid chromatography with mass
spectrometry X 2 in a laboratory approved by the department of
state police.
(e) (d)
A person who submits to a
preliminary chemical breath
analysis remains subject to the requirements of sections 80187 to
80190 for the purposes of chemical tests described in those
sections.
(f) (e)
A person who refuses to submit to a
preliminary
chemical
breath analysis upon a lawful request by a peace officer
is responsible for a state civil infraction and may be ordered to
pay a civil fine of not more than $500.00.
(3) A peace officer making an arrest under this part shall
take measures to assure that the vessel and its occupants are
safely returned to shore.
(4) If, not more than 60 days after the issuance of a citation
for a state civil infraction under this section, the person to whom
the citation is issued is not charged with a violation of section
80176(1), (3), (4), or (5) or a local ordinance substantially
corresponding to section 80176(1) or (3), the citation issued for
the state civil infraction is void. Upon application of the person
to whom the citation is issued, money paid by the person as a fine,
costs, or otherwise shall be immediately returned.
Sec. 80181. (1) The following apply with respect to a chemical
test and analysis of a person's blood, urine, or breath, other than
a
preliminary chemical breath analysis:
(a) The amount of alcohol or presence of a controlled
substance, or both, in an operator's blood at the time alleged as
shown by chemical analysis of the person's blood, urine, or breath
is admissible into evidence in any civil or criminal proceeding.
(b) A person arrested for a crime described in section
80187(1) shall be advised of all of the following:
(i) That if the person takes a chemical test of his or her
blood, urine, or breath administered at the request of a peace
officer, the person has the right to demand that someone of the
person's own choosing administer 1 of the chemical tests; that the
results of the test are admissible in a judicial proceeding as
provided under this part and shall be considered with other
competent evidence in determining the innocence or guilt of the
defendant; and that the person is responsible for obtaining a
chemical analysis of a test sample obtained pursuant to the
person's own request.
(ii) That if the person refuses the request of a peace officer
to take a test described in subparagraph (i), the test shall not be
given without a court order, but the peace officer may seek to
obtain such a court order.
(iii) That the person's refusal of the request of a peace
officer to take a test described in subparagraph (i) will result in
issuance of an order that the person not operate a vessel on the
waters of this state for at least 6 months.
(2) A sample or specimen of urine or breath shall be taken and
collected in a reasonable manner. Only a licensed physician, or a
licensed nurse or medical technician under the direction of a
licensed physician, qualified to withdraw blood and acting in a
medical environment, may withdraw blood at the request of a peace
officer for the purpose of determining the amount of alcohol or
presence of a controlled substance, or both, in a person's blood,
as provided in this subsection. A qualified person who withdraws or
analyzes blood, or assists in the withdrawal or analysis, in
accordance with this part is not liable for a crime or civil
damages predicated on the act of withdrawing or analyzing blood and
related procedures unless the withdrawal or analysis is performed
in a negligent manner.
(3) A rule relating to a chemical test for alcohol or a
controlled substance promulgated under the Michigan vehicle code,
Act
No. 300 of the Public Acts of 1949, being sections 257.1 to
257.923
of the Michigan Compiled Laws 1949 PA 300, MCL 257.1 to
257.923, applies to a chemical test administered under this part.
Sec. 81141. (1) A peace officer who has reasonable cause to
believe that a person was operating an ORV and that the person by
the consumption of intoxicating liquor or a controlled substance,
or both, may have affected his or her ability to operate the ORV,
may
require the person to submit to a preliminary chemical breath
analysis.
(2) A peace officer may arrest a person based in whole or in
part
upon the results of a preliminary chemical breath analysis.
(3)
The Subject to
admissibility under the Michigan rules of
evidence,
the results of a preliminary chemical breath
analysis
shall be admissible in a criminal prosecution for a crime
enumerated in section 81136(1) or in an administrative hearing held
under section 81140, solely to assist the court or hearing officer
in determining a challenge to the validity of an arrest. This
subsection does not limit the introduction of other competent
evidence offered to establish the validity of an arrest. The
results of a preliminary chemical analysis are admissible as
evidence for purposes other than the purposes listed under this
subsection only if the results of the preliminary chemical test are
confirmed by liquid chromatography with mass spectrometry X 2 in a
laboratory approved by the department of state police.
(4)
A person who submits to a preliminary chemical breath
analysis shall remain subject to the requirements of sections
81136, 81137, 81138, 81139, and 81140 for the purposes of chemical
tests described in those sections.
(5) A person who refuses to submit to a preliminary chemical
breath
analysis upon a lawful request by a
peace officer is
responsible for a state civil infraction and may be ordered to pay
a civil fine of not more than $100.00.
Sec. 82136. (1) A peace officer, without a warrant, may arrest
a person if the peace officer has reasonable cause to believe that
the person was, at the time of an accident, the operator of a
snowmobile involved in the accident in this state while in
violation of section 82127(1), (3), (4), or (5) or a local
ordinance substantially corresponding to section 82127(1) or (3).
(2) A peace officer who has reasonable cause to believe that a
person was operating a snowmobile and that, by the consumption of
intoxicating liquor or a controlled substance, or both, the person
may have affected his or her ability to operate a snowmobile may
require
the person to submit to a preliminary chemical breath
analysis. The following apply with respect to a preliminary
chemical
breath analysis:
(a) A peace officer may arrest a person based in whole or in
part
upon the results of a preliminary chemical breath analysis.
(b)
The Subject to
admissibility under the Michigan rules of
evidence,
the results of a preliminary chemical breath
analysis are
admissible in a criminal prosecution for a crime enumerated in
section 82143(1) or in an administrative hearing solely to assist
the court or hearing officer in determining a challenge to the
validity of an arrest. This subdivision does not limit the
introduction of other competent evidence offered to establish the
validity of an arrest.
(c) The results of a preliminary chemical analysis are
admissible as evidence for purposes other than the purposes listed
under subdivision (b) only if the results of the preliminary
chemical test are confirmed by liquid chromatography with mass
spectrometry X 2 in a laboratory approved by the department of
state police.
(d) (c)
A person who submits to a
preliminary chemical breath
analysis remains subject to the requirements of sections 82143 to
82146 for the purposes of chemical tests described in those
sections.
(e) (d)
A person who refuses to submit to a
preliminary
chemical
breath analysis upon a lawful request by a peace officer
is guilty of a misdemeanor.
Sec. 82137. (1) The following apply with respect to a chemical
test and analysis of a person's blood, urine, or breath, other than
a
preliminary chemical breath analysis:
(a) The amount of alcohol or presence of a controlled
substance, or both, in an operator's blood at the time alleged as
shown by chemical analysis of the person's blood, urine, or breath
is admissible into evidence in any civil or criminal proceeding.
(b) A person arrested for a crime described in section
82143(1) shall be advised of all of the following:
(i) That if the person takes a chemical test of his or her
blood, urine, or breath administered at the request of a peace
officer, the person has the right to demand that someone of the
person's own choosing administer 1 of the chemical tests; that the
results of the test are admissible in a judicial proceeding as
provided under this part and shall be considered with other
competent evidence in determining the innocence or guilt of the
defendant; and that the person is responsible for obtaining a
chemical analysis of a test sample obtained pursuant to the
person's own request.
(ii) That if the person refuses the request of a peace officer
to take a test described in subparagraph (i), the test shall not be
given without a court order, but the peace officer may seek to
obtain such a court order.
(iii) That the person's refusal of the request of a peace
officer to take a test described in subparagraph (i) will result in
issuance of an order that the person not operate a snowmobile.
(2) A sample or specimen of urine or breath shall be taken and
collected in a reasonable manner. Only a licensed physician, or a
licensed nurse or medical technician under the direction of a
licensed physician, qualified to withdraw blood and acting in a
medical environment, may withdraw blood at the request of a peace
officer for the purpose of determining the amount of alcohol or
presence of a controlled substance, or both, in a person's blood,
as provided in this subsection. A qualified person who withdraws or
analyzes blood, or assists in the withdrawal or analysis, in
accordance with this part is not liable for a crime or civil
damages predicated on the act of withdrawing or analyzing blood and
related procedures unless the withdrawal or analysis is performed
in a negligent manner.
(3) A rule relating to a chemical test for alcohol or a
controlled substance promulgated under the Michigan vehicle code,
Act
No. 300 of the Public Acts of 1949, being sections 257.1 to
257.923
of the Michigan Compiled Laws 1949
PA 300, MCL 257.1 to
257.923, applies to a chemical test administered under this part.