HOUSE BILL NO. 4327

February 24, 2021, Introduced by Reps. Eisen, Outman, Beeler, Paquette and Hornberger and referred to the Committee on Natural Resources and Outdoor Recreation.

"Natural resources and environmental protection act,"

by amending sections 80101 and 80146 (MCL 324.80101 and 324.80146), section 80101 as amended by 2014 PA 402 and section 80146 as amended by 2020 PA 70.

the people of the state of michigan enact:

Sec. 80101. As used in this part:

(a) "Airboat" means a motorboat that is propelled, wholly or in part, by a propeller projecting above the water surface.

(b) "Alcoholic liquor" means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257.1d.

(c) "Anchored rafts" means all types of nonpowered rafts used for recreational purposes that are anchored seasonally on waters of this state.

(d) "Associated equipment" means any of the following that are not radio equipment:

(i) An original system, part, or component of a boat at the time that when the boat was manufactured, or a similar system, part, or component manufactured or sold for as a replacement.

(ii) Repair A repair or improvement of an original or replacement system, part, or component.

(iii) An accessory or equipment for, or appurtenance to, a boat.

(iv) A marine safety article, accessory, or equipment intended for use by a person on board a boat.

(e) "Boat" means a vessel.

(f) "Boat livery" means a business that holds a vessel for renting, leasing, or chartering.

(g) "Boating safety certificate" means any of the following:

(i) The document issued by the department under part 802 that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required A boating safety certificate issued under section 80212.

(ii) A document issued by the United States coast guard auxiliary Coast Guard Auxiliary or United States power squadron Power Squadron that certifies that the individual named in the document has successfully completed a United States coast guard auxiliary Coast Guard Auxiliary course concerning boating safety.

(iii) A written rental agreement provided to an individual named in the rental agreement entered into under section 44522, but only on the date or dates indicated on the rental agreement and while the named individual named in the rental agreement is operating a personal watercraft leased, hired, or rented from a boat livery.

(h) "Boating safety course" means a course that meets both of the following requirements:

(i) Provides instruction on the safe operation of a personal watercraft that meets or exceeds the minimum course content for boating or personal watercraft education established by the national association of state boating law administrators education committee National Association of State Boating Law Administrators Education Committee (October 1996), a province of the commonwealth of Canada, or another country.

(ii) Is approved by the department.

(i) "Connecting waterway" means the St. Marys River, Detroit River, St. Clair River, or Lake St. Clair.

(j) (i) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(k) (j) "Conviction" means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt, or a probate court or family division disposition on a violation of this part, regardless of whether the penalty is rebated or suspended.

Sec. 80146. (1) The department may promulgate rules to establish maximum vessel speed limits or to allow unlimited vessel speed on the waters of this state.

(2) On waters of this state for which a vessel speed limit is not established under subsection (1), for which the department has not established an unlimited vessel speed limit, and for which stricter speed restrictions are not established pursuant to another act, the maximum speed limit is 55 miles per hour, except as follows:

(a) In an emergency as determined by local government authority.

(b) For conservation officers and other peace officers when engaged in official duties.

(c) In the Great Lakes and Lake St. Clair, except for an area within 1 mile of the shoreline measured at a right angle from the shoreline.

(3) Upon receipt of a resolution by of the governing body of a local unit of government having jurisdiction over waters of this state requesting a reduction in the maximum speed limit on those waters, the department, pursuant to sections 80108 and 80109 to 80113, may establish a maximum speed limit not to exceed 40 miles per hour on those waters.

(4) Upon receipt of a resolution of the governing body of a county or municipality requesting a reduction in the maximum vessel speed limit to protect life and property during emergency conditions, the department, the county emergency management coordinator, or the county sheriff may establish a temporary reduced maximum vessel speed limit on waters of this state located in the county or municipality. In that case, the department, emergency management coordinator, or sheriff, respectively, shall do all of the following:

(a) Specify a maximum fine for violating the temporary speed limit. The maximum fine shall not be greater than $100.00 for a first violation of a temporary speed limit established by that authority or $500.00 for a second or subsequent violation.

(b) Notify the other authorities authorized to issue temporary speed limits under this subsection of the temporary speed limit.

(c) Post the temporary speed limit, the maximum fine, and a description of the affected waters of this state on its website.

(d) Subject to section 80159, place buoys sufficient to advise vessel operators of the temporary speed limit.

(5) A person who violates a temporary speed limit established by the department under subsection (4) is responsible for a state civil infraction and subject to a civil fine as specified pursuant to subsection (4). A person who violates a temporary speed limit established by an emergency management coordinator or sheriff is responsible for a municipal civil infraction and subject to a civil fine as specified pursuant to subsection (4).

(6) A Subject to subsection (7), a temporary speed limit under subsection (4) shall remain in effect for not more than 14 days. A temporary speed limit may be reissued once per calendar year. However, a temporary speed limit may be reissued twice per calendar year if, before adopting the resolution requesting the second reissuance, the county or municipality submitted to the department an application and resolution for a temporary ordinance under section 80112a in lieu of the temporary speed limit under subsection (4). Temporary Subject to subsection (7), temporary speed limits under subsection (4) shall only be in effect during the period from September 1 to June 20. However, a temporary speed limit may be in effect during the period from June 21 to June 30 if it is the first or second reissuance of a temporary speed limit and if, before adopting the resolution requesting that reissuance, the county or municipality submitted to the department an application and resolution for a temporary ordinance under section 80112a in lieu of the temporary speed limit under subsection (4).

(7) If requested by the governing body of the county or municipality in the resolution under subsection (4), a temporary speed limit applicable to areas of the Great Lakes or a connecting waterway where the nearest shoreline in this state has an elevation of less than 600 feet above sea level may be in effect at any time of the year and may remain in effect until a date not later than 3 years after the effective date of the amendatory act that added this subsection.

(8) (7) A temporary speed limit under subsection (4) shall not prohibit the use of any type of vessel.

(9) (8) During a state of emergency or disaster declared by the governor pursuant to law, the governor may establish restricted wake zones if necessary and appropriate to address emergency or disaster conditions.

(10) (9) A person shall not operate a vessel on the waters of this state at a speed greater than slow—no wake speed or the minimum speed necessary for the vessel to maintain forward movement when within 100 feet of the shoreline where the water depth is less than 3 feet, as determined by vertical measurement, except in navigable channels not otherwise posted.

(11) (10) A person who violates subsection (2) or (3) is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00, unless 1 of the following conditions exists:

(a) The requirements of this section have been waived as described under subsection (11).(12).

(b) The person violates this section in a manner that constitutes reckless operation of a vessel as described in section 80147.

(12) (11) The department may waive the requirements of this section and section 80156 for marine events authorized by the department under section 80164.