Bill Text: MI HB5463 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Watercraft: traffic control; procedure to allow local political subdivisions to apply for temporary ordinances in water control zones; provide for. Amends secs. 80104 & 80110 of 1994 PA 451 (MCL 324.80104 & 324.80110) & adds sec. 80112a. TIE BAR WITH: HB 5402'20, HB 5401'20
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-03-25 - Assigned Pa 72'20 With Immediate Effect [HB5463 Detail]
Download: Michigan-2019-HB5463-Enrolled.html
state of michigan
100th Legislature
Regular session of 2020
Introduced by Reps. Lilly and O'Malley
ENROLLED HOUSE BILL No. 5463
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 protect the people’s right
to hunt and fish; 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,” by amending sections
80104 and 80110 (MCL 324.80104 and 324.80110), section 80104 as amended by 2014
PA 402 and section 80110 as amended by 2006 PA 237, and by adding section
80112a.
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 an individual carried on board,
attached to, or towed by a vessel, other than 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 a municipality.
(vi) An officer of the department of 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 license 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 that term as
defined in 40 CFR 1045.801.
(f) “Political subdivision” means a county, metropolitan
authority, municipality, or combination of those entities in this state. If 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) “Prior conviction” means a conviction for
any of the following, whether under a law of this state, a local ordinance
substantially corresponding to a law of this state, a law of the United States
substantially corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(i) A violation or an attempted violation of
section 80176(1), (3), (4), (5), (6), or (7), except that only 1 violation or
attempted violation of section 80176(6), a local ordinance substantially
corresponding to section 80176(6), or a law of another state substantially
corresponding to section 80176(6), or a law of the United States substantially
corresponding to section 80176(6) may be used as a prior conviction other than
for enhancement purposes as provided in section 80178a(1)(b).
(ii) Negligent homicide,
manslaughter, or murder resulting from the operation of a vessel or an attempt
to commit any of those crimes.
(iii) Former section 73, 73b,
or 171(1) of the marine safety act.
(i) “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) “Prosecuting attorney”, except as the
context requires otherwise, means the attorney general, prosecuting attorney of
a county, or attorney representing a political subdivision of government.
(k) “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) “Slow—no wake speed” means a very slow speed
whereby the wake or wash created by the vessel would be minimal.
(m) “Starboard” means right, and reference is
to the starboard side of a vessel or to the right side of the vessel.
(n) “State aid” means payment made by this state to a county
for the conduct of a marine safety program.
(o) “Temporary
ordinance” means a type of local ordinance adopted by a political subdivision
of this state under section 80112a that includes, but is not limited to, a
local watercraft control or administrative rule.
(p) “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.
(q) “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.
(r) “Use” means operate, navigate, or employ.
(s) “Vessel” means every description of watercraft used or capable of being
used as a means of transportation on water.
(t) “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.
(u) “Waterways account” means the waterways account established in section
2035.
Sec.
80110. (1) Except as provided
under section 80112a, the department may
initiate an investigation and inquiry
into the need for a special rule for
the use of vessels, water skis, water sleds, aquaplanes, surfboards, or other
similar contrivances on any of the waters of this state to assure compatibility
of uses and to protect public safety. If the department receives a resolution under
section 80112, the department shall initiate an
investigation and inquiry under this subsection.
(2)
The department’s investigation and inquiry under subsection (1) into whether a special rule
is needed on a water body must include consideration of all of the following:
(a)
Whether the activities subject to the proposed rule pose any issues of safety to life or
property.
(b)
The profile of the water body, including the name of the political subdivision with jurisdiction,
size, geographic location, and amount of vessel traffic.
(c)
The current and historical depth of the water body, including whether there is
an established lake level.
(d)
Whether any special problems or conditions exist on the water body for the
activities subject to the proposed rule,
such as rocks, pier heads, swimming areas,
public access sites, shallow waters, and submerged obstacles.
(e) Whether the proposed rule would
unreasonably interfere with normal navigational traffic.
(f) Whether user conflicts
exist on the water body.
(g) Complaints received by
local law enforcement agencies regarding activities on the water body.
(h) The status of any
accidents that have occurred on the water body.
(i) Historical uses of the
water body and potential future uses of the water body.
(j) Whether the water body is
public or private.
(k) Whether existing law
adequately regulates the activities subject to the proposed rule.
(3) Following completion of
the department’s investigation and inquiry under subsection (1), the department
shall prepare a preliminary report that includes the department’s evaluation of
the items listed in subsection (2) and a preliminary
recommendation as to whether a special rule
is needed for the water body.
(4) On preparation
of the preliminary report under subsection (3), the department shall provide a copy of the preliminary report to the
political subdivision and schedule a public hearing in the vicinity of the
water body to gather public input on the preliminary report and the need for a
special rule. The department shall
provide notice of the public hearing in a
newspaper of general circulation in the area where the water body is located
not less than 10 days before the hearing. At the
public hearing, any interested person
may comment on the preliminary report and the
need for a special rule, either orally or in writing.
(5) Within 90 days after the
public hearing under subsection (4), if the department determines that a
special rule is needed for the water body, the department shall propose a
local ordinance or appropriate changes to a local ordinance. If the department
determines that a special rule is
not needed, the department shall notify the
political subdivision and provide the specific reasons for the determination.
(6) A determination by the
department under this section that a special rule
is not needed for the water body may be appealed to the director by the political subdivision. The director shall
make the final agency decision on whether a special rule is needed for the
water body.
(7) As used in this section,
“water body” includes all or a portion of a water body.
Sec.
80112a. (1) If a political subdivision believes a temporary ordinance is needed
for the use of vessels on a water body subject to its jurisdiction, the
political subdivision may submit an application and a resolution for a
temporary ordinance to the department.
(2) An application for a temporary ordinance
under this section must contain all of the following information:
(a) The resolution and a copy of the public
notice that lists the adoption of the resolution on the agenda.
(b) The information required under section
80110(2).
(c) The circumstances that justify a temporary
ordinance rather than a special rule under section 80110.
(d) A complete list of all local ordinances,
regulations, and rules concerning the water body and how the ordinances,
regulations, and rules are enforced.
(e) If the temporary ordinance is approved,
how the political subdivision will provide for and fund the public notice of
the temporary ordinance, including, but not limited to, buoy placement and
signage.
(f) If the temporary ordinance is approved,
how the political subdivision will enforce the temporary ordinance.
(g) Any other information the political
subdivision believes is relevant or necessary.
(3) Within 10 days after receiving an
application under subsection (2), the department shall review the application.
If the application is complete, the department shall conduct an investigation
and inquiry within 10 days into the need for a temporary ordinance. If
additional information is needed, the department shall request the additional
information. Within 10 days after receiving the additional information, the
department shall conduct an investigation and inquiry into the need for a
temporary ordinance.
(4) Within 10 days after completing the
investigation and inquiry under subsection (3), if the department determines
that there is a need for a temporary ordinance, the department shall propose a
temporary ordinance that affects all boats or boat types on the water body. If
the department determines that there is not a need for a temporary ordinance,
the department shall notify the political subdivision and provide the specific
reasons for the determination.
(5) A determination by the department under
this section that there is not a need for a temporary ordinance may be appealed
by the political subdivision to the director. The director shall make the final
agency decision on the need for a temporary ordinance.
(6) If the department determines there is a
need for a temporary ordinance, the department shall submit to the political
subdivision a proposed temporary ordinance. Notwithstanding any charter
provision or other provision of law, the proposed temporary ordinance takes
effect when both of the following requirements are met, which must occur within
30 days after the department submits the proposed temporary ordinance to the
political subdivision:
(a) The governing body of the political
subdivision adopts the ordinance at a public meeting.
(b) The political
subdivision notifies the department of the adoption.
(7) If the
political subdivision fails to notify the department of the adoption of the
proposed temporary ordinance, the proposed temporary ordinance is considered
disapproved and no further action shall be taken.
(9) If the department determines that a
special rule is not needed under section 80110(5), and the director denies the
appeal under section 80110(6), the political subdivision may not extend or
renew a temporary ordinance in consecutive years under subsection (8).
(10) As used in
this section, “water body” includes all or a portion of a water body.
Enacting
section 1. This amendatory act does not take effect unless all of the following
bills of the 100th Legislature are enacted into law:
(a) House
Bill No. 5401.
(b) House
Bill No. 5402.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
