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 maximum vessel speed limit on waters of this state located in the county or municipality. The use of any type of vessel shall not be prohibited under this subsection. The department, emergency management coordinator, or sheriff, respectively shall specify a maximum fine for violating the speed limit. The maximum fine shall not be greater than $100.00 for a first violation of a speed limit established by that authority or $500.00 for a second or subsequent violation. Speed limits under this subsection shall only be in effect during the period from September 1 to June 20. Furthermore, a speed limit shall remain in effect for not more than 14 days. A speed limit may be reissued once per calendar year. The department, county emergency management coordinator, or county sheriff, as applicable, shall do both of the following:

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

(b) Place buoys sufficient to advise vessel operators of the speed limit. An emergency management coordinator or sheriff shall consult with the department before placing buoys under this subdivision. The requirement for a permit under section 80159 does not apply to buoys placed under this subdivision, and the department shall not order removal of the buoys because a permit has not been issued.

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

(6) (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.

(7) (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).(8).

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

(8) (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.