Bill Text: MI HB5401 | 2019-2020 | 100th Legislature | Enrolled
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-Enrolled.html
state of michigan
100th Legislature
Regular session of 2020
Introduced by Reps. Eisen, Lower, Wozniak, Marino, Hertel, Tate and Hornberger
ENROLLED HOUSE BILL No. 5401
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” 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 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 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)
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.
(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).
(b) The person violates this section in a manner that
constitutes reckless operation of a vessel as
described in section 80147.
(11)
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.
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
