Bill Text: MI HB5401 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Watercraft; traffic control; temporary speed restrictions during high water conditions; provide for. Amends sec. 80146 of 1994 PA 451 (MCL 324.80146). TIE BAR WITH: HB 5463'19, HB 5402'19
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2020-03-25 - Assigned Pa 70'20 With Immediate Effect [HB5401 Detail]
Download: Michigan-2019-HB5401-Engrossed.html
SENATE Substitute For
HOUSE BILL NO. 5401
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 80146 (MCL 324.80146), as amended by 2007 PA 8.
the people of the state of michigan enact:
Sec. 80146. (1) The department may promulgate rules to
establish maximum motorboat vessel speed limits or to allow unlimited
motorboat vessel speed on the waters of this state.
(2) On waters of this
state for which a motorboat vessel speed limit is not established
under subsection (1), on any waters for
which the department has not established an unlimited motorboat vessel speed limit, or on any waters and for which stricter speed restrictions are not
established pursuant to an another act, a the maximum
speed limit of is 55 miles per hour, is established, except in as follows:
(a)
In an emergency as determined by local government authority.
and except for authorized peace and
(b)
For conservation officers and other peace officers when engaged in
official duties. The maximum speed
limit of 55 miles per hour does not apply to the
(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
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 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 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 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)
A temporary speed limit under subsection (4) shall not prohibit the use of any
type of vessel.
(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.
(9)
(3) A person shall not operate a motorboat vessel on the waters of this state at a speed greater
than slow—no wake speed or the minimum speed necessary for the motorboat 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.
(10)
(4) 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 (5).(11).
(b) The person violates
this section in a manner that constitutes reckless operation of a motorboat vessel as described in section 80147.
(11)
(5) The department may waive the requirements of this
section and section 80156 for marine events authorized by the department under
section 80164.
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. 5402.
(b) House Bill
No. 5463.
