State of Michigan
JENNIFER M. GRANHOLM governor	DEPARTMENT OF NATURAL RESOURCES Lansing	REBECCA A. HUMPHRIES director

BILL ANALYSIS

BILL NUMBER: HOUSE BILL 4143, AS INTRODUCED

TOPIC: Watercraft, violations

SPONSOR: Representative Bieda

CO-SPONSORS: Representatives Wojno, Miller, Palmer and Acciavatti

COMMITTEE: Tourism, Outdoor Recreation and Natural Resources

Analysis Done: February 12, 2007

POSITION

The Department supports this legislation with amendments. We would be interested in suggesting amendments to include other sections of Part 801 as civil infractions but maintain some of the distance requirements as misdemeanor violations.

PROBLEM/BACKGROUND

Current law classifies violations of Marine Safety, Part 801, of 1994 PA 451, or rules promulgated under Part 801, as misdemeanors punishable by fines and possible imprisonment. Many similar offenses committed with a motor vehicle are treated as civil infractions.

Prosecution of criminal misdemeanors can be a timely and costly process.

DESCRIPTION OF BILL

HB 4143 amends Part 801-Marine Safety and Part 802-Personal Watercraft, to designate certain violations as state civil infractions. The offenses listed in this legislation include violations related to vessel registration, towing of skiers, operating too close to designated beaches, shoreline or divers. Current law designates these violations as misdemeanor offenses.

SUMMARY OF ARGUMENTS

Pro

Decriminalizing the offenses specified in this legislation places them on an equal plane with similar traffic offenses within the motor vehicle code or violations of state land use rules. While a defendant retains the right of trial for civil infractions, the penalty for a

civil infraction is payment of fines, costs, and fees. A person cannot be sent to jail for a civil infraction unless they are found to be in civil contempt.

Con

Serious collisions result from skiers and/or personal watercrafts (PWCs) colliding with each other or with other objects. Changing regulations which mandate minimum distances for skiers and operators of PWCs from misdemeanors to civil infractions may send the wrong message regarding these important safety requirements.

FISCAL/ECONOMIC IMPACT

Are there revenue or budgetary implications in the bill to the --

(a) Department

Budgetary:

None

Revenue:

None

Comments:

None

(b) State

Budgetary:

None

Revenue:

None

Comments:

None

(c) Local Government

Comments:

County sheriffs are active partners in enforcement of marine safety regulations. There may be potential savings by eliminating the misdemeanor jail time.

OTHER STATE DEPARTMENTS

None

ANY OTHER PERTINENT INFORMATION

Decriminalization of these violations yields a somewhat streamlined process for prosecution. Although civil infractions still provide opportunity for informal and formal hearings, there is the potential for a reduction of the caseload of the courts which benefits officers, prosecutors and judges.

Additionally, decriminalization removes the risk of loss of licensure for certain professionals such as lawyers and for holders of a concealed pistol license.

Public Act 326 of 2005 amended the Revised Judicature Act to allow a nonresident of Michigan, who is issued a citation for a civil infraction, to leave a monetary deposit with the court or the officer who issued the citation.

ADMINISTRATIVE RULES IMPACT

None

______________________________

Rebecca A. Humphries

Director

_______________________________

Date

LED/PRD