Bill Text: MI HB4199 | 2009-2010 | 95th Legislature | Chaptered


Bill Title: Watercraft; other; fine for launching a boat with an aquatic plant attached; provide for. Amends 1994 PA 451 (MCL 324.101-324.90106) by adding sec. 41325.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Passed) 2009-09-15 - Assigned Pa 91'09 With Immediate Effect [HB4199 Detail]

Download: Michigan-2009-HB4199-Chaptered.html

Act No. 91

Public Acts of 2009

Approved by the Governor

September 15, 2009

Filed with the Secretary of State

September 15, 2009

EFFECTIVE DATE: September 15, 2009

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2009

Introduced by Reps. Lahti, McDowell, Roberts, Sheltrown, Hansen, Spade, Booher, Miller, Cushingberry, Durhal, LeBlanc, Hammel and Lindberg

ENROLLED HOUSE BILL No. 4199

AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding section 41325.

The People of the State of Michigan enact:

Sec. 41325. (1) A person shall not place a boat, boating equipment, or boat trailer in the waters of this state if the boat, boating equipment, or boat trailer has an aquatic plant attached.

(2) A law enforcement officer may order the owner or operator of a boat, boating equipment, or boat trailer to remove aquatic plants from the boat, boating equipment, or boat trailer. The owner or operator shall obey such an order.

(3) The department shall prepare a notice that contains a summary of subsections (1), (2), (4), (5), and (6) and shall make copies of the notice available to owners of public boating access sites. The department shall include the notice in relevant department publications and post the notice on its website.

(4) The owner of a public boating access site shall post and maintain the notice described in subsection (3).

(5) A person who violates subsection (1), (2), or (4) is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.

(6) As used in this section:

(a) “Aquatic plant” means a submergent, emergent, or floating-leaf plant or a fragment or seed thereof. Aquatic plant does not include wild rice (Zizania aquatica).

(b) “Boat” means a vessel as defined in section 80104, and “boating” has a corresponding meaning.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor