SENATE Substitute For
HOUSE BILL NO. 5463
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 80104 and 80110 (MCL 324.80104 and 324.80110), section 80104 as amended by 2014 PA 402 and section 80110 as amended by 2006 PA 237, and by adding section 80112a.
the people of the state of michigan enact:
Sec. 80104. As used
in this part:
(a) "Highly restricted personal information" means
an individual's photograph or image, social security Social Security number, digitized signature,
and medical and disability information.
(b) "Passenger" means a person an individual carried on board, attached to,
or towed by a vessel, other than the operator.
(c) "Peace officer" means any of the following:
(i) A sheriff.
(ii) A sheriff's
deputy.
(iii) A deputy who is
authorized by a sheriff to enforce this part and who has satisfactorily
completed at least 40 hours of law enforcement training, including training
specific to this part.
(iv) A village or
township marshal.
(v) An officer of the
police department of any a municipality.
(vi) An officer of the
Michigan department of state
police.
(vii) The director and
conservation officers employed by the department.
(d) "Personal information" means information that
identifies an individual, including an individual's driver identification license number, name,
address not including zip code, and telephone number, but does not include
information on watercraft operation and equipment-related violations or civil
infractions, operator or vehicle registration status, accidents, or other behaviorally-related behaviorally related information.
(e) "Personal watercraft" means that term as
defined in 40 CFR 1045.801.
(f) "Political subdivision" means any a county, metropolitan
authority, municipality, or combination of those entities in this state. If a
body of water is located in more than 1 political subdivision, all of the
subdivisions shall act individually in order to comply with this part, except
that if the problem is confined to a specific area of the body of water, only
the political subdivision in which the problem waters lie shall act.
(g) "Port" means left, and reference is to the port
side of a vessel or to the left side of the vessel.
(h) "Prior conviction" means a conviction for any
of the following, whether under a law of this state, a local ordinance
substantially corresponding to a law of this state, a law of the United States
substantially corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(i) A violation or an
attempted violation of section 80176(1), (3), (4), (5), (6), or (7), except
that only 1 violation or attempted violation of section 80176(6), a local
ordinance substantially corresponding to section 80176(6), or a law of another
state substantially corresponding to section 80176(6), or a law of the United
States substantially corresponding to section 80176(6) may be used as a prior
conviction other than for enhancement purposes as provided in section
80178a(1)(b).
(ii) Negligent
homicide, manslaughter, or murder resulting from the operation of a vessel or
an attempt to commit any of those crimes.
(iii) Former section
73, 73b, or 171(1) of the marine safety act.
(i) "Probate court or family division disposition"
means the entry of a probate court order of disposition or family division
order of disposition for a child found to be within the provisions of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32.
(j) "Prosecuting attorney", except as the context
requires otherwise, means the attorney general, the prosecuting attorney of a county, or the attorney
representing a political subdivision of government.
(k) "Regatta", "boat race", "marine
parade", "tournament", or "exhibition" means an
organized water event of limited duration that is conducted according to a
prearranged schedule.
(l) "Slow—no
wake speed" means a very slow speed whereby the wake or wash created by
the vessel would be minimal.
(m) "Starboard" means right, and reference is to
the starboard side of a vessel or to the right side of the vessel.
(n) "State aid" means payment made by the this state to a county
for the conduct of a marine safety program.
(o) "Temporary ordinance" means a type of local
ordinance adopted by a political subdivision of this state under section 80112a
that includes, but is not limited to, a local watercraft control or
administrative rule.
(p) (o) "Undocumented vessel" means a vessel
that does not have, and is not required to have, a valid marine document issued
by the United States coast
guard Coast Guard
or federal agency successor to the United States coast guard.Coast Guard.
(q) (p) "Uniform inspection decal" means an
adhesive-backed sticker created by the department that is color-coded to
indicate the year that it expires and is attached to a vessel in the manner
prescribed for decals in section 80122 when a peace officer inspects and determines
that the vessel complies with this part.
(r) (q) "Use" means operate, navigate, or
employ.
(s) (r) "Vessel" means every description of
watercraft used or capable of being used as a means of transportation on water.
(t) (s) "Waters of this state" means any
waters within the territorial limits of this state, and includes those waters
of the Great Lakes that are under the jurisdiction of this state.
(u) (t) "Waterways account" means the
waterways account established in section 2035.
Sec. 80110. (1) The Except as
provided under section 80112a, the department may initiate investigations an investigation and inquiries inquiry into the need for a special rules rule for
the use of vessels, water skis, water sleds, aquaplanes, surfboards, or other
similar contrivances on any of the waters of this state to assure compatibility
of uses and to protect public safety. If the department receives a resolution pursuant to under section 80112, the department shall
initiate an investigation and inquiry under this subsection.
(2) The department's
investigation and inquiry under subsection (1) into whether a special rules are rule is needed on a particular water body shall must include
a consideration of
all of the following:
(a) Whether the
activities subject to the proposed special rules rule pose any issues of safety to life or property.
(b) The profile of the
water body, including local the name of the political subdivision with jurisdiction,
size, geographic location, and amount of vessel traffic.
(c) The current and historical
depth of the water body, including whether there is an established lake level. for the water body.
(d) Whether any identifiable special
problems or conditions exist on the water body for the activities subject to
the proposed special rules, rule, such as rocks, pier heads, swimming
areas, public access sites, shallow waters, and submerged obstacles.
(e) Whether the proposed special rules rule would unreasonably interfere with
normal navigational traffic.
(f) Whether user
conflicts exist on the water body.
(g) Complaints received
by local law enforcement agencies regarding activities on the water body.
(h) The status of any
accidents that have occurred on the water body.
(i) Historical uses of
the water body and potential future uses of the water body.
(j) Whether the water
body is public or private.
(k) Whether existing law
adequately regulates the activities subject to the proposed special rules.rule.
(3) Following completion
of the department's investigation and inquiry under subsection (1), the department shall prepare
a preliminary report that includes the department's evaluation of the items
listed in subsection (2) and the department's a preliminary recommendation as to
whether a special rules are rule is needed for the water body.
(4) Upon On preparation of the preliminary report under subsection (3), the department
shall provide a copy of the preliminary report to the local political subdivision that has waters subject to its
jurisdiction for which the proposed special rules are being considered and
shall schedule a
public hearing in the vicinity of the water body to gather public input on the
preliminary report and the need for a special rules. Notice rule. The department shall provide notice of the
public hearing shall be made in a
newspaper of general circulation in the area where the water body is located , not less than 10 calendar days before the hearing. At the public
hearing, any interested persons shall be afforded an
opportunity to present their views person may comment on the preliminary report and the
need for a special rules, rule, either orally or in writing.
(5) Within 90 days following after the public hearing under subsection
(4), if the department determines that there is a need for a special rules rule is needed for
the water body, the department shall propose a local ordinance or appropriate
changes to a local ordinance. If the department determines that there is not a need for a special rules, rule is not
needed, the department shall notify the political subdivision that has waters subject to its
jurisdiction and shall provide
the specific reasons for its the determination.
(6) A determination by
the department under this section
that there is not a need for a special rules rule is not
needed for a the water body may be appealed to the commission director by the political subdivision. that has waters subject to its jurisdiction. The commission director shall make the final agency decision
on the need for whether a special rules rule is needed for a the water body.
(7) As used in this
section, "water body" includes all or a portion of a water body.
Sec. 80112a. (1) If a political
subdivision believes a temporary ordinance is needed for the use of vessels on
a water body subject to its jurisdiction, the political subdivision may submit
an application and a resolution for a temporary ordinance to the department.
(2) An
application for a temporary ordinance under this section must contain all of
the following information:
(a) The resolution and a copy of the public notice that lists the adoption of the resolution on the agenda.
(b) The information required under section 80110(2).
(c) The circumstances that justify a temporary ordinance rather than a special rule under section 80110.
(d) A complete list of all local ordinances, regulations, and rules concerning the water body and how the ordinances, regulations, and rules are enforced.
(e) If the temporary ordinance is approved, how the political subdivision will provide for and fund the public notice of the temporary ordinance, including, but not limited to, buoy placement and signage.
(f) If the temporary ordinance is approved, how the political subdivision will enforce the temporary ordinance.
(g) Any other information the political subdivision believes is relevant or necessary.
(3) Within 10 days after receiving an application under subsection (2), the department shall review the application. If the application is complete, the department shall conduct an investigation and inquiry within 10 days into the need for a temporary ordinance. If additional information is needed, the department shall request the additional information. Within 10 days after receiving the additional information, the department shall conduct an investigation and inquiry into the need for a temporary ordinance.
(4) Within 10 days after completing the investigation and inquiry under subsection (3), if the department determines that there is a need for a temporary ordinance, the department shall propose a temporary ordinance that affects all boats or boat types on the water body. If the department determines that there is not a need for a temporary ordinance, the department shall notify the political subdivision and provide the specific reasons for the determination.
(5) A
determination by the department under this section that there is not a need for
a temporary ordinance may be appealed by the political subdivision to the
director. The director shall make the final agency decision on the need for a
temporary ordinance.
(6) If the
department determines there is a need for a temporary ordinance, the department
shall submit to the political subdivision a proposed temporary ordinance. Notwithstanding
any charter provision or other provision of law, the proposed temporary
ordinance takes effect when both of the following requirements are met, which
must occur within 30 days after the department submits the proposed temporary
ordinance to the political subdivision:
(a) The governing
body of the political subdivision adopts the ordinance at a public meeting.
(b) The political
subdivision notifies the department of the adoption.
(7) If the political subdivision fails to notify the department of the adoption of the proposed temporary ordinance, the proposed temporary ordinance is considered disapproved and no further action shall be taken.
(9) If the department determines that a special rule is not needed under section 80110(5), and the director denies the appeal under section 80110(6), the political subdivision may not extend or renew a temporary ordinance in consecutive years under subsection (8).
(10) As used in
this section, "water body" includes all or a portion of a water body.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) House Bill No. 5401.
(b) House Bill No. 5402.