Bill Text: MI HB5590 | 2009-2010 | 95th Legislature | Introduced


Bill Title: Watercraft; traffic control; criteria for investigatory stops of moving vessels; clarify. Amends sec. 80166 of 1994 PA 451 (MCL 324.80166).

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2009-11-18 - Printed Bill Filed 11/13/2009 [HB5590 Detail]

Download: Michigan-2009-HB5590-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5590

 

November 12, 2009, Introduced by Reps. LeBlanc, Genetski, Mayes and Sheltrown and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 80166 (MCL 324.80166), as amended by 2002 PA

 

636.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 80166. (1) Upon the direction of a peace officer acting

 

in the lawful performance of his or her duty, the operator of a

 

vessel moving on the waters of this state shall immediately bring

 

the vessel to a stop or maneuver it in a manner that permits the

 

peace officer to come beside the vessel. The operator of the vessel

 

shall do the following upon the request of the peace officer:

 

     (a) Provide his or her correct name and address.

 

     (b) Exhibit the certificate of number awarded for the vessel.

 

     (c) If the vessel does not bear a decal described in section


 

80166a or an equivalent decal issued by or on behalf of another

 

state, submit to a reasonable inspection of the vessel and to a

 

reasonable inspection and test of the equipment of the vessel.

 

     (2) Except for inspection of a vessel to determine the number

 

and adequacy of personal flotation devices on that vessel, a A

 

peace officer shall not stop and inspect a vessel bearing the decal

 

described in section 80166a or an equivalent decal issued by or on

 

behalf of another state during the period the decal remains in

 

effect unless that peace officer has a reasonable reasonably

 

articulable suspicion that the vessel or the vessel's operator is

 

in violation of a marine law or is otherwise engaged in criminal

 

activity.

 

     (3) A person who is detained for a violation of this part or

 

of a local ordinance substantially corresponding to a provision of

 

this part and who furnishes a peace officer false, forged,

 

fictitious, or misleading verbal or written information identifying

 

the person as another person is guilty of a misdemeanor.

 

     (4) A peace officer who observes a marine law violation or the

 

commission of a crime may immediately arrest the person without a

 

warrant or issue to the person a written or verbal warning.

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