Bill Text: MI SB1117 | 2009-2010 | 95th Legislature | Chaptered


Bill Title: Watercraft; safety; authority to remove or relocate navigational hazards; extend to peace officers and allow recovery of costs associated with the removal or relocation. Amends sec. 80163 of 1994 PA 451 (MCL 324.80163).

Spectrum: Partisan Bill (Republican 8-0)

Status: (Passed) 2010-06-23 - Assigned Pa 0101'10 With Immediate Effect [SB1117 Detail]

Download: Michigan-2009-SB1117-Chaptered.html

Act No. 101

Public Acts of 2010

Approved by the Governor

June 22, 2010

Filed with the Secretary of State

June 22, 2010

EFFECTIVE DATE: June 22, 2010

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2010

Introduced by Senators Birkholz, Cropsey, Van Woerkom, Sanborn, Hardiman, Pappageorge, Jansen and Richardville

ENROLLED SENATE BILL No. 1117

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,” by amending section 80163 (MCL 324.80163), as added by 1995 PA 58.

The People of the State of Michigan enact:

Sec. 80163. (1) If an anchored raft or other item or material, whether floating free or attached to the bottomland or a shoreline, presents a hazard to navigation, the department or a peace officer with jurisdiction over the body of water where the anchored raft or other item or material is located may relocate or remove it or may order its relocation or removal.

(2) The person who owns or who caused a navigational hazard that is relocated or removed under subsection (1) is liable to pay the actual and reasonable costs of relocation or removal. The department or the law enforcement agency with jurisdiction over the body of water where the navigational hazard was located may send written notice of the relocation or removal under subsection (1) and the associated costs to the person determined to own or to have caused the navigational hazard. If the owner or person who caused the navigational hazard fails to pay the costs within 30 days of the date the written notice is mailed, the costs may become a lien against the person’s property.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor