HOUSE BILL NO. 5401

January 23, 2020, Introduced by Reps. Eisen, Lower, Wozniak, Marino, Hertel, Tate and Hornberger and referred to the Committee on Natural Resources and Outdoor Recreation.

"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 speed limits or to allow unlimited motorboat speed on the waters of this state.

(2) On waters of this state for which a motorboat speed limit is not established under subsection (1), on any waters for which the department has not established an unlimited motorboat 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. 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) If requested by resolution of the governing body of a county or municipality, to protect life and property during high water conditions, the department or the county sheriff for the county or municipality may establish by order a temporary maximum motorboat speed limit on waters of this state located in or adjacent to the county or municipality. The order shall specify a maximum fine for violating the order. The maximum fine shall not be greater than $500.00. The order shall remain in effect for not more than 14 days and may be reissued. The department or county sheriff, as applicable, shall post the speed limit, the maximum fine, and a description of the affected waters on its website. A person who violates an order of the department under this subsection is responsible for a state civil infraction and subject to a civil fine as specified in the department's order. A person who violates an order of a sheriff under this subsection is responsible for a municipal civil infraction and subject to a civil fine as specified in the sheriff's order.

(5) (3) A person shall not operate a motorboat on the waters of this state at a speed greater than slow—no wake speed or the minimum speed necessary for the motorboat 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.

(6) (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).(7).

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

(7) (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 Senate Bill No.____ or House Bill No. 5402 (request no. 05434'19 a) of the 100th Legislature is enacted into law.