HB 6310

HOUSE BILL NO. 6310
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection
act,"
by amending section 80146 (MCL 324.80146), as amended
by 2020 PA 70.
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 where a vessel speed limit is not established under
subsection (1), for which where the department has not established an unlimited
vessel speed limit, and for which where a stricter speed restrictions
are restriction is not established pursuant to under 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 On 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 under sections 80108 and 80109 to
80113, may establish a maximum speed limit not to exceed 40 miles per hour on
those waters.
(4) Upon On 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 must 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 An individual 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 under subsection (4). A
person An individual 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 under subsection (4).
(6) A temporary
speed limit under subsection (4) shall remain remains 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 submits to the department an application and
resolution for a temporary ordinance under section 80112a in lieu instead 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 does 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 An individual 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 An individual 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 individual 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.