reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80169 - Arrest Without Warrant; Nonresidents; Recognizance; Receipt and Summons; Failure to Appear; Deposit of Money; Report; Embezzlement.

324.80169 Arrest without warrant; nonresidents; recognizance; receipt and summons; failure to appear; deposit of money; report; embezzlement.
Sec. 80169.
(1) If a person not a resident of this state is arrested without a warrant for a violation of this part under conditions not referred to under section 80167, the officer making the arrest, upon demand of the arrested person, shall immediately take the person for arraignment by a magistrate or a district court judge in the vicinity to answer to the complaint made against him or her. If a magistrate or a district court judge is not available or an immediate trial cannot be had, the person arrested may recognize to the officer for his or her appearance by leaving with him or her not more than $200.00.
(2) The officer making the arrest shall give a receipt to the person arrested for the money deposited with him or her under subsection (1), together with a written summons as provided in section 80168.
(3) If the offender fails to appear as required, the deposit shall be forfeited as in other cases of default in bail, in addition to any other penalty provided in this part.
(4) Not more than 48 hours after taking a deposit under this section, the officer shall deposit the money with the magistrate or the district court judge named in the notice to appear, together with a report stating the facts relating to the arrest. Failure to make the report and deposit the money is embezzlement of public money.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2007, Act 8, Imd. Eff. May 11, 2007
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80170 - Violation by Officer, Magistrate, or District Court Judge as Misconduct in Office; Removal From Office; Applicability and Construction of MCL 324.80168 and 324.80169.

324.80170 Violation by officer, magistrate, or district court judge as misconduct in office; removal from office; applicability and construction of MCL 324.80168 and 324.80169.
Sec. 80170.
(1) Any officer, magistrate, or district court judge violating section 80168 or 80169 is guilty of misconduct in office and is subject to removal from office.
(2) Sections 80168 and 80169 govern all peace officers in making arrests without a warrant for violations of this part and do not prevent the execution of a warrant for the arrest of the person as in other cases of misdemeanors when it may be necessary.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80171 - Violation of Part or Rules; Penalties.

324.80171 Violation of part or rules; penalties.
Sec. 80171.
Unless otherwise specified under this part, a violation of this part or rules promulgated under this part is a misdemeanor. A political subdivision having adopted a local ordinance in conformity with this part may provide that any violation of the ordinance is a misdemeanor. Any person convicted of reckless operation of a vessel as defined in section 80147, or of operating a motorboat while under the influence of alcoholic liquor or narcotic drugs, or with any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214, in his or her body, in addition to any other penalty, may be refused by the court having jurisdiction of the violation the right of operating any motorboat on any of the waters of this state for a period of not more than 2 years.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2014, Act 402, Eff. Mar. 31, 2015
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80172 - Negligent Crippling or Death; Penalty.

324.80172 Negligent crippling or death; penalty.
Sec. 80172.
A person who, by the operation of any vessel at an immoderate rate of speed or in a careless, reckless, or negligent manner, but not willfully or wantonly, injures so as to cripple or cause the death of another is guilty of a misdemeanor, and shall be imprisoned for not more than 2 years, or fined not more than $2,000.00, or both.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80173 - Felonious Operation of Watercraft; Penalty.

324.80173 Felonious operation of watercraft; penalty.
Sec. 80173.
A person who operates any vessel carelessly and heedlessly in willful and wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property and thereby injures so as to cripple any person, but not causing death, is guilty of the offense of felonious operation, and shall be imprisoned for not more than 2 years, or fined not more than $2,000.00, or both.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80174 - Negligent Homicide Included in Charge of Manslaughter.

324.80174 Negligent homicide included in charge of manslaughter.
Sec. 80174.
The crime of negligent homicide is included within every crime of manslaughter charged to have been committed in the operation of any vessel, and where a defendant is charged with manslaughter committed in the operation of any vessel, if the jury finds the defendant not guilty of the crime of manslaughter, the jury may render a verdict of negligent homicide.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80177 - Violation of MCL 324.80176(1); Sanctions; Costs.

324.80177 Violation of MCL 324.80176(1); sanctions; costs.
Sec. 80177.
(1) If a person is convicted of violating section 80176(1), the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor and shall be punished by 1 or more of the following:
(i) Community service for not more than 45 days.
(ii) Imprisonment for not more than 93 days.
(iii) A fine of not less than $100.00 or more than $500.00.
(b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to a fine of not less than $200.00 or more than $1,000.00 and either of the following:
(i) Community service for not less than 10 days or more than 90 days, and may be imprisoned for not more than 1 year.
(ii) Imprisonment for not less than 48 consecutive hours or more than 1 year, and may be sentenced to community service for not more than 90 days.
(c) If the violation occurs after 2 or more prior convictions regardless of the number of years that have elapsed since any prior conviction, the person is guilty of a felony and shall be sentenced to imprisonment for not less than 1 year or more than 5 years or a fine of not less than $500.00 or more than $5,000.00, or both.
(2) A term of imprisonment imposed under subsection (1)(b)(ii) or (1)(c) shall not be suspended unless the defendant agrees to participate in a specialty court program and successfully completes the program. A person sentenced to perform service to the community under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.
(3) In addition to the sanctions prescribed under subsection (1) and section 80176(4) and (5), the court may, under chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1 to 769.36, order the person to pay the costs of the prosecution. The court shall also impose sanctions under sections 80185 and 80186.
(4) A person who is convicted of violating section 80176(2) is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days or a fine of not less than $100.00 or more than $500.00, or both.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2001, Act 12, Eff. July 1, 2001 ;-- Am. 2014, Act 402, Eff. Mar. 31, 2015 ;-- Am. 2020, Act 385, Eff. Mar. 24, 2021
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80178 - Violation of MCL 324.80176(3); Sanctions; Costs.

324.80178 Violation of MCL 324.80176(3); sanctions; costs.
Sec. 80178.
(1) If a person is convicted of violating section 80176(3), the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
(i) Community service for not more than 45 days.
(ii) Imprisonment for not more than 93 days.
(iii) A fine of not more than $300.00.
(b) If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to both a fine of not less than $200.00 or more than $1,000.00, and either of the following:
(i) Community service for not less than 10 days or more than 90 days, and may be sentenced to imprisonment for not more than 1 year.
(ii) Imprisonment for not more than 1 year, and may be sentenced to community service for not more than 90 days.
(c) If the violation occurs after 2 or more prior convictions regardless of the number of years that have elapsed since any prior conviction, the person shall be sentenced to both a fine of not less than $200.00 or more than $1,000.00, and either of the following:
(i) Community service for a period of not less than 10 days or more than 90 days, and may be sentenced to imprisonment for not more than 1 year.
(ii) Imprisonment for not more than 1 year, and may be sentenced to community service for not more than 90 days.
(2) In addition to the sanctions prescribed in subsection (1), the court may, under the code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69, order the person to pay the costs of the prosecution. The court shall also impose sanctions under sections 80185 and 80186.
(3) A person sentenced to perform service to the community under this section shall not receive compensation, and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2001, Act 12, Eff. July 1, 2001 ;-- Am. 2014, Act 402, Eff. Mar. 31, 2015
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80178a - Violation of MCL 324.80176(6); Sanctions; Costs.

324.80178a Violation of MCL 324.80176(6); sanctions; costs.
Sec. 80178a.
(1) If a person is convicted of violating section 80176(6), all of the following apply:
(a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by 1 or both of the following:
(i) Community service for not more than 360 hours.
(ii) A fine of not more than $250.00.
(b) If the violation occurs within 7 years of 1 or more prior convictions, including a prior conviction for section 80176(6), the person may be sentenced to 1 or more of the following:
(i) Community service for not more than 60 days.
(ii) A fine of not more than $500.00.
(iii) Imprisonment for not more than 93 days.
(2) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.
(3) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.
History:
Add. 2014, Act 402, Eff. Mar. 31, 2015
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80179 - Enhanced Sentencing Based on Prior Convictions; Conditions; Attempted Violation of MCL 324.80176(1), MCL 324.80176(3), or Local Ordinance.

324.80179 Enhanced sentencing based on prior convictions; conditions; attempted violation of MCL 324.80176(1), MCL 324.80176(3), or local ordinance.
Sec. 80179.
(1) If the prosecuting attorney intends to seek an enhanced sentence under section 80177 or 80178 based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information filed in district court, circuit court, recorder's court, municipal court, or probate court a statement listing the defendant's prior convictions.
(2) A prior conviction shall be established at sentencing by 1 or more of the following:
(a) An abstract of conviction.
(b) A copy of the defendant's boating record.
(c) An admission by the defendant.
(3) A person who is convicted of an attempted violation of section 80176(1) or (3), or a local ordinance substantially corresponding to section 80176(1) or (3), shall be punished as if the offense had been completed.
(4) When issuing an order under this part, the secretary of state and the court shall treat a conviction of an attempted violation of section 80176(1) or (3), former section 171(1) or (3) of the marine safety act, a local ordinance substantially corresponding to section 80176(1) or (3), or a law of another state substantially corresponding to section 80176(1) or (3) the same as if the offense had been completed.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80183 - Chemical Test; Introduction of Other Competent Evidence; Availability of Test Results.

324.80183 Chemical test; introduction of other competent evidence; availability of test results.
Sec. 80183.
(1) The provisions of sections 80181 and 80182 relating to chemical testing do not limit the introduction of any other competent evidence bearing upon the question of whether or not a person was impaired by, or under the influence of, alcoholic liquor or a controlled substance, or both, or whether the person had a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or whether the person had any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214, in his or her body.
(2) If a chemical test described in sections 80181 and 80182 is administered, the results of the test shall be made available to the person charged or the person's attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least 2 days before the day of the trial. The results of the test shall be offered as evidence by the prosecution in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 174, Imd. Eff. Apr. 18, 1996 ;-- Am. 2014, Act 402, Eff. Mar. 31, 2015
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80184 - Refusal to Submit to Chemical Test as Admissible Evidence.

324.80184 Refusal to submit to chemical test as admissible evidence.
Sec. 80184.
A person's refusal to submit to a chemical test as provided in sections 80181 and 80182 is admissible in a criminal prosecution for a crime described in section 80187(1) only for the purpose of showing that a test was offered to the defendant, but not as evidence in determining innocence or guilt of the defendant. The jury shall be instructed accordingly.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 174, Imd. Eff. Apr. 18, 1996 ;-- Am. 2014, Act 402, Eff. Mar. 31, 2015
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80185 - Advising Defendant of Penalties and Sanctions; Ordering Screening, Assessment, and Rehabilitative Services.

324.80185 Advising defendant of penalties and sanctions; ordering screening, assessment, and rehabilitative services.
Sec. 80185.
(1) Before accepting a plea of guilty or nolo contendere under sections 80176 to 80179, or a local ordinance substantially corresponding to section 80176(1), (2), or (3), the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that may be imposed for the violation, and shall advise the defendant that the maximum possible sanctions that may be imposed will be based upon the boating record maintained by the secretary of state pursuant to section 80130 or other evidence of a prior conviction as provided in section 80179.
(2) Before imposing sentence, other than court-ordered operating sanctions, for a violation of section 80176(1), (3), (4), or (5) or a local ordinance substantially corresponding to section 80176(1) or (3), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education or treatment programs. As part of the sentence, the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80186 - Sentencing as Multiple Offender; Consideration of Prior Convictions; Sanctions.

324.80186 Sentencing as multiple offender; consideration of prior convictions; sanctions.
Sec. 80186.
Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of section 80176(1), (3), (4), (5), (6), or (7) or a local ordinance substantially corresponding to section 80176(1), (3), or (6), whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions currently entered upon the boating record of the person or other evidence of prior convictions established under section 80179, except those convictions that, upon motion by the defendant, are determined by the court to be constitutionally invalid, and shall impose the following sanctions:
(a) For a conviction under section 80176(4) or (5), the court shall order with no expiration date that the person not operate a motorboat on the waters of this state.
(b) For a conviction under section 80176(1) or a local ordinance substantially corresponding to section 80176(1):
(i) If the court finds that the person has no prior convictions within 7 years, the court may order that the person not operate a motorboat on the waters of this state for not less than 1 year or more than 2 years.
(ii) If the court finds that the person has 1 or more prior convictions within 7 years, the court shall order that the person not operate a motorboat on the waters of this state for not less than 2 years.
(iii) If the court finds that the person has 2 or more prior convictions within 10 years, the court shall order with no expiration date that the person not operate a motorboat on the waters of this state.
(c) For a conviction under section 80176(3) or a local ordinance substantially corresponding to section 80176(3):
(i) If the court finds that the convicted person has no prior conviction within 7 years, the court may order that the person not operate a motorboat on the waters of this state for not less than 6 months or more than 1 year.
(ii) If the court finds that the person has 1 prior conviction within 7 years, the court shall order that the person not operate a motorboat on the waters of this state for not less than 1 year or more than 2 years.
(iii) If the court finds that the person has 2 or more prior convictions within 10 years, the court shall order with no expiration date that person not to operate a motorboat on the waters of this state.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2014, Act 402, Eff. Mar. 31, 2015
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80187 - Consent to Chemical Tests of Blood, Breath, or Urine; Circumstances; Exception; Administration.

324.80187 Consent to chemical tests of blood, breath, or urine; circumstances; exception; administration.
Sec. 80187.
(1) A person who operates a motorboat on the waters of this state is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance, or both, in his or her blood in all of the following circumstances:
(a) The person is arrested for a violation of section 80176(1), (3), (4), (5), (6), or (7), or a local ordinance substantially corresponding to section 80176(1), (3), or (6).
(b) The person is arrested for negligent homicide, manslaughter, or murder resulting from the operation of a motorboat, and the peace officer had reasonable grounds to believe that the person was operating the motorboat in violation of section 80176.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician shall not be considered to have given consent to the withdrawal of blood.
(3) A chemical test described in subsection (1) shall be administered as provided in sections 80181 and 80182.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 174, Imd. Eff. Apr. 18, 1996 ;-- Am. 2014, Act 402, Eff. Mar. 31, 2015
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80188 - Refusal to Submit to Chemical Test at Request of Peace Officer; Obtaining Court Order; Forwarding Report to Secretary of State.

324.80188 Refusal to submit to chemical test at request of peace officer; obtaining court order; forwarding report to secretary of state.
Sec. 80188.
(1) If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to section 80181 or 80182, a test shall not be given without a court order, but the officer may seek to obtain the court order.
(2) If a person refuses a chemical test offered pursuant to section 80181 or 80182, the peace officer who requested the person to submit to the test shall immediately forward a written report to the secretary of state. The report shall state that the officer had reasonable grounds to believe the person committed a crime described in section 80187(1) and that the person refused to submit to the test upon the request of the peace officer and has been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the secretary of state.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80189 - Refusal to Submit to Chemical Test; Notice of Right to Request Hearing.

324.80189 Refusal to submit to chemical test; notice of right to request hearing.
Sec. 80189.
(1) If a person refuses to submit to a chemical test pursuant to section 80181 or 80182, the peace officer shall immediately notify the person in writing that within 14 days of the date of the notice the person may request a hearing as provided in section 80190. The form of the notice shall be prescribed and furnished by the secretary of state.
(2) The notice shall specifically state that failure to request a hearing within 14 days will result in issuance of an order that the person not operate a vessel on the waters of this state. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel is permitted to represent the person at the hearing.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80191 - Order Not to Operate Vessel on Waters of State; Convictions Requiring Issuance of Order by Secretary of State; Effectiveness of Order if More Than 1 Conviction Resulting From Same Incident.

324.80191 Order not to operate vessel on waters of state; convictions requiring issuance of order by secretary of state; effectiveness of order if more than 1 conviction resulting from same incident.
Sec. 80191.
(1) Notwithstanding a court order issued under section 80176(1), (3), (4), or (5), section 80185 or 80186, former section 171(1), (3), (4), or (5), 181, or 182 of the marine safety act, former section 73 or 73b of the marine safety act, or a local ordinance substantially corresponding to section 80176(1) or (3), section 80185 or 80186, or former section 73 or 73b of the marine safety act, if a court has not ordered a person not to operate a vessel as authorized by this part, the secretary of state shall issue an order that the person not operate a vessel on the waters of this state for not less than 6 months or more than 2 years, if the person has the following convictions within a 7-year period, whether under the law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(a) One conviction under section 80176(1), former section 171(1) of the marine safety act, or former section 73 of the marine safety act.
(b) Any combination of 2 convictions under section 80176(3), former section 171(3) of the marine safety act, or former section 73b of the marine safety act.
(c) One conviction under section 80176(1), former section 171(1) or the marine safety act, or former section 73 of the marine safety act and 1 conviction under section 80176(3), former section 171(3) of the marine safety act, or former section 73b of the marine safety act.
(d) One conviction under section 80176(4) or (5) or former section 171(4) or (5) of the marine safety act followed by 1 conviction under section 80176(3) or former section 171(3) of the marine safety act.
(2) If the secretary of state receives records of more than 1 conviction of a person resulting from the same incident, an order not to operate shall be issued solely for that violation for which an order could be effective for the longest period of time under this section.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Compiler's Notes:
In subsection (1)(c), “former section 171(1) or the marine safety act” evidently should read “former section 171(1) of the marine safety act.”
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80193 - Failure to Answer Citation or Notice to Appear in Court or Comply With Judgment or Order; Notice of Issuance of Order Without Expiration Date; Conditions Terminating Order.

324.80193 Failure to answer citation or notice to appear in court or comply with judgment or order; notice of issuance of order without expiration date; conditions terminating order.
Sec. 80193.
(1) If a person is charged with, or convicted of, a violation of section 80176(1), (2), (3), (4), or (5) or a local ordinance substantially corresponding to section 80176(1), (2), or (3), and the person fails to answer a citation or a notice to appear in court, or for any matter pending, or fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim's rights assessments, the court shall immediately give notice by first-class mail sent to the person's last known address that if the person fails to appear within 7 days after the notice is issued or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim's rights assessments, within 14 days after the notice is issued, the secretary of state will issue an order with no expiration date that the person not operate a vessel on the waters of this state. If the person fails to appear within the 7-day period or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim rights assessments, within the 14-day period, the court shall immediately inform the secretary of state who shall immediately issue the order and send a copy to the person by personal service or first-class mail sent to the person's last known address.
(2) An order imposed under subsection (1) remains in effect until both of the following occur:
(a) The court informs the secretary of state that the person has appeared before the court and that all matters relating to the violation are resolved.
(b) The person has paid to the court a $25.00 administrative order processing fee.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80195 - Petition for Stay of Order; Entering Ex Parte Order; Terms and Conditions; Exception.

324.80195 Petition for stay of order; entering ex parte order; terms and conditions; exception.
Sec. 80195.
(1) Within 63 days after the determination, a person who is aggrieved by a final determination of the secretary of state under this part may petition the circuit court for the county in which the conviction or determination resulting in issuance of the order that the person not operate a vessel on the waters of this state for an order staying the order. Except as provided in subsection (2), the court may enter an ex parte order staying the order subject to terms and conditions prescribed by the court until the determination of an appeal to the secretary of state or of an appeal or a review by the circuit court, or for a lesser time that the court considers proper.
(2) The court shall not enter an ex parte order staying the order if the order is based upon a claim of undue hardship.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80197 - Impoundment of Vessel; Order; Execution; Liability for Expenses; Rights of Conditional Vendor, Chattel Mortgagee, or Lessor of Vessel.

324.80197 Impoundment of vessel; order; execution; liability for expenses; rights of conditional vendor, chattel mortgagee, or lessor of vessel.
Sec. 80197.
(1) When a person is convicted under section 80196(1), the vessel, if it is owned in whole or in part by that person, shall be ordered impounded for not less than 30 or more than 120 days from the date of judgment. An order of impoundment issued pursuant to this subsection is valid throughout the state. Any peace officer may execute the impoundment order. The order shall include the implied consent of the owner of the vessel to the storage for insurance coverage purposes.
(2) The owner of a vessel impounded pursuant to this section is liable for expenses incurred in the removal and storage of the vessel whether or not the vessel is returned to him or her. The vessel shall be returned to the owner only if the owner pays the expenses for removal and storage. If redemption is not made or the vessel is not returned as provided in this section within 30 days after the time set in the impoundment order for return of the vessel, the vessel shall be considered abandoned.
(3) Nothing in this section affects the rights of a conditional vendor, chattel mortgagee, or lessor of a vessel registered in the name of another person as owner who becomes subject to this part.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80197a - Conviction Based on Plea of Nolo Contendere.

324.80197a Conviction based on plea of nolo contendere.
Sec. 80197a.
A conviction based on a plea of nolo contendere shall be treated in the same manner as a conviction based on a plea of guilty or a finding of guilt for all purposes under this part.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80198 - Administrative Order Processing Fee; Disposition and Allocation.

324.80198 Administrative order processing fee; disposition and allocation.
Sec. 80198.
Whether with or without an expiration date, an order not to operate a vessel on the waters of this state or to operate a vessel with restrictions does not expire until the person subject to the order pays an administrative order processing fee of $125.00 to the secretary of state. The state treasurer shall deposit $10.00 of the fee in the drunk driving prevention equipment and training fund created under section 625h of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.625h of the Michigan Compiled Laws, and $30.00 in the drunk driving caseflow assistance fund created under section 625h of Act No. 300 of the Public Acts of 1949. The state treasurer shall allocate the balance of the fee to the department of state for the administration of orders issued under this part.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80198a - Public Dock, Pier, Wharf, or Retaining Wall; Entry or Use Prohibited Under Certain Wind Conditions; Barricades; Notice.

324.80198a Public dock, pier, wharf, or retaining wall; entry or use prohibited under certain wind conditions; barricades; notice.
Sec. 80198a.
(1) When wind conditions on the Great Lakes attain a magnitude whereby 1/3 of the waves resulting from the conditions cause any public dock, pier, wharf, or retaining wall to be awash, it constitutes a state not conducive to the orderly and safe use and occupancy of those structures.
(2) When the conditions described in subsection (1) exist, any harbormaster, peace or police officer, or other authorized official may rope off or barricade entry to these structures or post in a conspicuous manner notices that entry on those structures for the purpose of fishing, swimming, or other recreational activity is prohibited.
(3) A person shall not knowingly enter or remain upon any public dock, pier, wharf, or retaining wall for the purpose of fishing, swimming, or other recreational activity when the structure is roped, cabled, or otherwise barricaded in a manner designed to exclude intruders, when notice against entry is given by posting in a conspicuous manner, or when notice to leave or stay off is personally communicated to that person by a peace or police officer or other authorized official of the local unit of government.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-5 - Subchapter 5 Watercraft and Marine Safety (324.80101...324.80322) › 451-1994-III-4-5-801 - Part 801 Marine Safety (324.80101...324.80199) › Section 324.80198b - Public Bathing Beaches; Buoys Required; Prohibited Swimming Area; Exception; Violation; Fine.

324.80198b Public bathing beaches; buoys required; prohibited swimming area; exception; violation; fine.
Sec. 80198b.
(1) The owner or person in charge of a bathing beach maintained primarily for public use shall not knowingly permit a person to bathe or swim from the bathing beach unless buoys outlining a safe bathing or swimming area are established in accordance with section 80159.
(2) A person who is bathing or swimming from a bathing beach maintained primarily for public use shall not bathe or swim in waters that are within 100 feet beyond the buoyed bathing or swimming area. This subsection does not apply to persons swimming from adjacent privately owned beaches that are not open to the general public.
(3) A person who violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2007, Act 8, Imd. Eff. May 11, 2007
Popular Name:
Act 451
Popular Name:
Marine Safety Act
Popular Name:
NREPA