PERSONAL WATERCRAFT: FLOTATION DEVICE H.B. 5109:
COMMITTEE SUMMARY
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House Bill 5109 (as passed by the House)
Sponsor: Representative Nancy Jenkins
House Committee: Natural Resources, Tourism, and Outdoor Recreation
Senate Committee: Outdoor Recreation and Tourism
Date Completed: 1-26-12
CONTENT
The bill would amend Part 802 (Personal Watercraft) of the Natural Resources and Environmental Protection Act to eliminate age-specific requirements regarding the use of a personal flotation device (PFD) by a person riding on or being towed behind a personal watercraft, and require each person to wear a type I, II, or III PFD.
Under Part 802, a person may not operate a personal watercraft unless each person who is at least 12 years old riding on or being towed behind the watercraft is wearing a type I, II, or III PFD as described in R 281.1234 of the Michigan Administrative Code, and each person under the age of 12 is wearing a type I or type II PFD. The bill would delete these provisions. Instead, a person could not operate a personal watercraft unless each person riding on or being towed behind it were wearing a type I, II, or III PFD.
MCL 324.80205
BACKGROUND
Rule 281.1234 of the Michigan Administrative Code describes different personal flotation devices. A type I device is designed to turn an unconscious person in the water from a face-downward position to a vertical or slightly backward position, and to have more than 20 pounds of buoyancy. A type II device is designed to turn an unconscious person in the water from a face-down position to a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy. A type III device is designed to keep a conscious person in a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy.
Legislative Analyst: Julie Cassidy
FISCAL IMPACT
The bill would have a negligible fiscal impact on State and local government. Because the bill would allow boaters under 12 to wear type III personal floatation devices (as opposed to only type I or II), it is possible that fewer boaters would be found guilty of a misdemeanor for violating Part 802, which could result in a small decrease in penal fine revenue for public libraries and incarceration costs for local units of government.
Fiscal Analyst: Dan O'Connor
Josh Sefton
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb5109/1112