Bill Text: MI SB1091 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Natural resources; nonnative species; local ordinances for prevention or treatment of aquatic invasive species; authorize adoption of. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 3317.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-09-24 - Referred To Committee On Natural Resources, Environment And Great Lakes [SB1091 Detail]
Download: Michigan-2013-SB1091-Introduced.html
SENATE BILL No. 1091
September 24, 2014, Introduced by Senator CASPERSON and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 3317.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3317. (1) A local unit of government may adopt an
ordinance for the prevention, control, or eradication of aquatic
invasive species in a waterbody, other than a Great Lake or
connecting water, that is located in whole or part within the
boundaries of the local unit of government and to which the public
has access.
(2) An ordinance adopted under subsection (1) may provide for
the imposition of fees for activities such as prevention, control,
or eradication of aquatic invasive species, using a boat launch or
a boat washing station, or parking a motor vehicle and trailer used
to haul a boat. The ordinance shall not impose fees totaling more
than $10.00 per boat per day or $45.00 per boat per year. In
addition, a fee shall not be imposed unless an aquatic invasive
species is present in the waterbody. The ordinance shall exempt a
pesticide applicator, lake management consultant, or other person
engaged in aquatic invasive species management activities from
payment of a fee. The ordinance may exempt a government entity or a
nonprofit organization from payment of a fee.
(3) Fees collected under the ordinance shall be deposited in a
restricted fund. Any interest and earnings from investments of
restricted fund assets shall be deposited in the restricted fund.
Money in the restricted fund shall be expended exclusively for the
purposes described in subsection (1), including the costs of
administering and enforcing the ordinance. Money in the restricted
fund at the close of the local unit of government's fiscal year
shall remain in the restricted fund and shall not lapse to any
other fund.
(4) An ordinance under this section is not enforceable unless
1 of the following applies:
(a) If the waterbody is located wholly within 1 county, the
same ordinance is adopted by at least 50% of the cities and
townships within which the waterbody is located and at least 2/3 of
the surface area of the waterbody is located within the adopting
cities and townships.
(b) If the waterbody is located in more than 1 county, the
same ordinance is adopted by at least 50% of the counties within
which the waterbody is located and at least 2/3 of the surface area
of the waterbody is located within the adopting counties.
(5) An ordinance adopted under this section shall not conflict
with state law.
(6) At least once every 3 years after the effective date of an
ordinance under this section, the legislative body of the local
unit of government shall receive comments on and review the
ordinance at a public meeting.
