Bill Text: MI HB5576 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Watercraft: other; use of maritime pilot and marking of obstructions; require, and prohibit use of anchors in Straits of Mackinac. Amends secs. 80103 & 80104 of 1994 PA 451 (MCL 324.80103 & 324.80104) & adds secs. 80150b, 80150c & 80150d.

Spectrum: Partisan Bill (Democrat 25-1)

Status: (Introduced) 2021-12-01 - Bill Electronically Reproduced 11/30/2021 [HB5576 Detail]

Download: Michigan-2021-HB5576-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 5576

November 30, 2021, Introduced by Reps. Hood, LaGrand, Koleszar, Pohutsky, Hope, Sowerby, Brixie, Stone, Rogers, Camilleri, Kuppa, Allor, Weiss, Cavanagh, Cynthia Johnson, Neeley, Morse, Lasinski, Brabec, Scott, Thanedar, Young, Tyrone Carter, Yancey, Rabhi and Aiyash and referred to the Committee on Natural Resources and Outdoor Recreation.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 80103 and 80104 (MCL 324.80103 and 324.80104), section 80103 as added by 1995 PA 58 and section 80104 as amended by 2020 PA 385, and by adding sections 80150b, 80150c, and 80150d.

the people of the state of michigan enact:

Sec. 80103. As used in this part:

(a) "Manufacturer" means a person engaged in any of the following:

(i) The manufacture, construction, or assembly of boats or associated equipment.

(ii) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly.

(iii) The importation of a boat or associated equipment into the this state for sale.

(b) "Marine law" means this part, a local ordinance adopted in conformity with this part, or a rule promulgated under this part.

(c) "Marine safety act" means former Act No. 303 of the Public Acts of 1967 PA 303.

(d) "Marine safety program" means marine law enforcement, search and rescue operations, water safety education, recovery of drowned bodies, and boat livery inspections.

(e) "Maritime pilot" means an individual licensed by the United States Coast Guard or other federal agency to assist in navigating a large watercraft through the Straits of Mackinac.

(f) (e) "Michigan vehicle code" means Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws.the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(g) (f) "Motorboat" means a vessel propelled wholly or in part by machinery.

(h) (g) "Operate" means to be in control of a vessel while the vessel is under way underway and is not secured in some manner such as being docked or at anchor.

(i) (h) "Operator" means the person who is in control or in charge of a vessel while that vessel is underway.

(j) (i) "Owner" means a person who claims or is entitled to lawful possession of a vessel by virtue of that person's legal title or equitable interest in a vessel.

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 that area lies shall act.

(g) "Port" means left, and reference is refers 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), 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", unless 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 is minimal.

(m) "Specialty court program" means a program under any of the following:

(i) A drug treatment court, as defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060, in which the participant is an adult.

(ii) A DWI/sobriety court, as defined in section 1084 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1084.

(iii) A hybrid of the programs under subparagraphs (i) and (ii).

(iv) A mental health court as defined in section 1090 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1090.

(v) A veterans treatment court, as defined in section 1200 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1200.

(n) "Starboard" means right, and reference is refers to the starboard side of a vessel or to the right side of the vessel.

(o) "Straits of Mackinac" means the waters and lake bottomlands in the area bounded on the west by a line beginning at latitude N 45° 46' 48.883" longitude W 84° 47' 34.705" and extending north to point latitude N 45° 50' 23.169" longitude W 84° 46' 8.476" and bounded on the east by a line beginning at latitude N 45° 47' 18.4812" longitude W 84° 43' 55.2396" and extending north to point latitude N 45° 50' 46.086" longitude W 84° 43' 24.1392".

(p) (o) "State aid" means payment made by this state to a county for the conduct of a marine safety program.

(q) (p) "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.

(r) (q) "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.

(s) (r) "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.

(t) (s) "Use" means operate, navigate, or employ.

(u) (t) "Vessel" means every description of watercraft used or capable of being used as a means of transportation on water.

(v) (u) "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.

(w) (v) "Waterways account" means the waterways account established in section 2035.

Sec. 80150b. (1) In the Straits of Mackinac, the operator of a vessel over 700 feet in length shall not knowingly deploy, drag, set, or use equipment, including, but not limited to, an anchor, chain, or cable, that may come into contact with the lake bottomlands.

(2) Subsection (1) does not apply to a large vessel exercising tribal usufructuary rights reserved in the March 28, 1836 Treaty of Washington (7 Stat 491) and as stated in the November 2, 2007 Consent Decree (Dkt. 1799 in W.D. Mich. Case No. 2:73-cv-000026).

(3) The operator of a vessel who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both. In addition, the court shall order the owner to reimburse this state for any environmental cleanup costs or damages to natural resources incurred as a result of the violation.

Sec. 80150c. (1) Subject to subsection (2), the department shall place and maintain buoys or beacons in the Straits of Mackinac to mark obstructions to navigation, to designate emergency anchorage areas, and for any other purpose that promotes safety or efficient navigation.

(2) If an obstruction to navigation in the Straits of Mackinac is owned by a person other than this state, the owner shall, in a manner required by the department, do both of the following:

(a) Within 90 days after the effective date of this section, place buoys or beacons to mark the obstruction.

(b) Maintain the buoys or beacons.

(3) An owner who violates subsection (2) may be ordered to pay a civil fine of not more than $5,000.00. A violation of subsection (2) may be prosecuted by the prosecutor for Chippewa County or the attorney general.

Sec. 80150d. (1) The operator of a vessel over 700 feet in length shall not navigate the vessel in the Straits of Mackinac unless the vessel is guided by a maritime pilot approved under subsection (2). The department shall post and maintain on its website a list of approved maritime pilots.

(2) To receive approval to guide a vessel over 700 feet in length in the Straits of Mackinac, a maritime pilot must consult with the department on the design of safe routes of passage tailored to the size and maneuverability of a variety of vessels over 700 feet in length and to weather and wind conditions throughout the year.

(3) If the operator of a vessel knowingly violates subsection (1), the owner of the vessel is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.

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