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

BILL ANALYSIS

BILL NUMBER: HOUSE BILL 5607 (AS INTRODUCED)

TOPIC: Allow a person with a disability to use a boat with a motor in waterways prohibiting motorized watercraft

SPONSOR: Representative Brian Calley

CO-SPONSORS: None

COMMITTEE: Tourism, Outdoor Recreation, and Natural Resources

Analysis Done: January 28, 2008

POSITION

The Department of Natural Resources (Department) is in support of this bill, with amendments.

PROBLEM/BACKGROUND

A person with a disability was not allowed to use an electric motor on a lake where local watercraft control regulations prohibited the use of motors.

DESCRIPTION OF BILL

House Bill 5607 would allow issuance of an approved exemption certificate for a person with a disability to use electric motors on bodies of water, where they are prohibited by local regulations.

SUMMARY OF ARGUMENTS

Pro

There would be more accessibility by a person with a disability to bodies of water with the use of an electric motor.

Con

There are approximately 70-80 lakes in Michigan that currently prohibit the use of any type of motor. There will likely be controversy from property owners when a motor is used on a lake where it has historically been prohibited (some for more than 30 years).

FISCAL/ECONOMIC IMPACT

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

(a) Department

Budgetary:

It would cost the Department money through salaries and wages to develop a physician’s attestation form and a marine exemption certificate. There would also be a cost for salaries and wages to administer the program and exemption certificates.

Revenue:

None. A processing fee for the exemption certificate, to cover the expenses of administering the program, should be explored.

Comments:

The Department will need to get expert input for the physician’s attestation form to decide what the qualifying disabilities would be that “prevents him or her from rowing or paddling a vessel.” There may be some costs associated with this process.

(b) State

Budgetary:

None

Revenue:

None

Comments:

None

(c) Local Government

Comments:

Costs to local sheriff’s departments will increase due to the manpower and training necessary for the processing of the exemption certificates.

OTHER STATE DEPARTMENTS

None

ANY OTHER PERTINENT INFORMATION

The way the bill is written, it would require a local unit of government, the sheriff’s department, to administer the exemption certificates. The Department would request the bill state that any sheriff department that is funded through the United States Coast Guard grant be required to administer the marine exemption certificate. In the counties that do not participate in the grant program (to date this includes only two counties), the responsibility for the exemption certificates would fall back on the Department.

The Department would also request that it be required that the counties report back to the Department the names and addresses of the individuals who receive the exemption certificates, so the Department can keep a current database of the exempted individuals.

It should be noted that the Law Enforcement Division, from this date forward, when reviewing requests for local watercraft controls and the need for a non-motorized lake, will consider electric motors only on lakes where appropriate.

ADMINISTRATIVE RULES IMPACT

This bill, if enacted, would supersede local watercraft controls currently enacted that prohibit the use of motors on certain lakes.

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Rebecca A. Humphries

Director

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Date

LED