Bill Text: MI HB5532 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Watercraft: other; wake boats; define and regulate. Amends secs. 80104 & 80146 of 1994 PA 451 (MCL 324.80104 & 324.80146).
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Introduced) 2024-03-05 - Bill Electronically Reproduced 02/29/2024 [HB5532 Detail]
Download: Michigan-2023-HB5532-Introduced.html
HOUSE BILL NO. 5532
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 80104 and 80146 (MCL 324.80104 and 324.80146), section 80104 as amended by 2020 PA 385 and section 80146 as amended by 2020 PA 70.
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 number, digitized signature, and medical and disability information.
(b) "Passenger" means 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 a municipality.
(vi) An officer of the 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 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 information.
(e) "Personal watercraft" means that term as defined in 40 CFR 1045.801.
(f) "Political subdivision" means 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 that area is located 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), 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", unless the context requires otherwise, means the attorney general, prosecuting attorney of a county, or 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 is minimal.
(m) "Specialty court program" means a program under any of the following:
(i) A drug treatment court, as defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060, in which the participant is an adult.
(ii) A DWI/sobriety court, as defined in section 1084 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1084.
(iii) A hybrid of the programs under subparagraphs (i) and (ii).
(iv) A mental health court as defined in section 1090 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1090.
(v) A veterans treatment court, as defined in section 1200 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1200.
(n) "Starboard" means right, and reference is to the starboard side of a vessel or to the right side of the vessel.
(o) "State aid" means payment made by this state to a county for the conduct of a marine safety program.
(p) "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.
(q) "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 or federal agency successor to the United States Coast Guard.
(r) "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.
(s) "Use" means operate, navigate, or employ.
(t) "Vessel" means every description of watercraft used or capable of being used as a means of transportation on water.
(u) "Wake boat" means a vessel that is equipped with wake-enhancing equipment. Wake boat includes, but is not limited to, a wake surf boat and a ballasted boat.
(v) "Wake-enhancing equipment" means ballast tanks, ballast bags, compartments, containers, or similar devices or mechanical systems designed to enhance the characteristics of a boat's wake.
(w) "Wake sport mode" refers to operation of a wake boat with wake-enhancing equipment engaged.
(x) (u) "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.
(y) (v) "Waterways account" means the waterways account established in section 2035.
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 shall not operate a vessel in wake sport mode on waters of this state where the water depth is less than 20 feet. A person operating a vessel in wake sport mode shall maintain a distance of not less than 500 feet from the shoreline or a dock, a raft, a buoyed or occupied bathing area, or a vessel moored or at anchor.
(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.
