1117: FLOOR SUMMARY (Date Completed: 3-17-10)

WATERWAY HAZARD REMOVAL S.B. 1117 (S-1): FLOOR SUMMARY
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Senate Bill 1117 (Substitute S-1 as reported by the Committee of the Whole)
Sponsor: Senator Patricia L. Birkholz
Committee: Natural Resources and Environmental Affairs

CONTENT
The bill would amend Part 801 (Marine Safety) of the Natural Resources and Environmental Protection Act to authorize a peace officer to remove or relocate, or order the relocation or removal of, an item or material that presented a hazard to navigation.
Currently, the Department of Natural Resources and Environment (DNRE) may order the relocation or removal of an anchored raft that, in the Department's opinion, presents a hazard to navigation.

Under the bill, if an anchored raft or other item or material, whether floating free or attached to the bottomland or a shoreline, presented a hazard to navigation, the Department or a peace officer with jurisdiction over the body of water where the item or material was located could remove or relocate it or order its relocation or removal.

Additionally, the person who owned or caused a navigational hazard would be liable to pay the actual and reasonable costs of relocation or removal. The DNRE or the applicable law enforcement agency could notify him or her of the relocation or removal and associated costs. If the person failed to pay the costs within 30 days, they could become a lien against his or her property.

MCL 324.80163 Legislative Analyst: Julie Cassidy

FISCAL IMPACT
The bill would have an indeterminate impact on the State and local units of government regarding enforcement costs. Costs would include removal, storage, and disposal of items, and the success of cost recovery efforts against the person responsible for a navigational hazard.

Date Completed: 3-17-10 Fiscal Analyst: Bill Bowerman

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. sb1117/0910