PEACE OFFICER STOPPING A VESSEL H.B. 5110 (H-1): FLOOR SUMMARY
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House Bill 5110 (Substitute H-1 as reported by the Committee of the Whole)
Sponsor: Representative Richard LeBlanc
House Committee: Natural Resources, Tourism, and Outdoor Recreation
Senate Committee: Outdoor Recreation and Tourism

CONTENT
The bill would amend Part 801 (Marine Safety) of the Natural Resources and Environmental Protection Act to revise the conditions under which a peace officer may stop and inspect a vessel bearing a safety check decal, and to authorize a peace officer who observed the commission of a crime involving such a vessel or its operator to make an immediate arrest or issue a warning.


Under Part 801, except for inspection of a vessel to determine the number and adequacy of personal flotation devices (PFDs) onboard, a peace officer may not stop and inspect a vessel bearing a safety check decal during the period it remains in effect unless he or she has a reasonable suspicion that the vessel or its operator is in violation of a marine law. The bill would eliminate the exception for a PFD inspection. Under the bill, a peace officer could stop and inspect the vessel upon a reasonable suspicion that the vessel or its operator was in violation of a marine law or was otherwise engaged in criminal activity.

A peace officer who observes a marine law violation immediately may arrest the person without a warrant or issue a written or verbal warning. Under the bill, this also would apply to a peace officer who observed the commission of a crime.


The bill would take effect on November 1, 2012.


MCL 324.80166 Legislative Analyst: Julie Cassidy
FISCAL IMPACT
The bill would have an indeterminate, but likely negligible, fiscal impact on State and local government. By striking the language that allows peace officers to stop a vessel with the sole intent of doing a personal flotation device inspection, the bill could result in fewer inspections and therefore fewer misdemeanor convictions. Such an impact would result in lower fine revenue for public libraries, and also lower incarceration costs at local jails; however, any impact is likely to be small and vessel operators could still be stopped and inspected if they exhibited behavior that indicated a possible violation of marine law or other criminal activity.


Date Completed: 2-23-12 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. hb5110/1112