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

BILL ANALYSIS

BILL NUMBER:	HB 5590, AS INTRODUCED
TOPIC:	Clarify criteria for investigatory stops of moving vessels
SPONSOR:	Representative LeBlanc
CO-SPONSORS:	Representatives Genetski, Mayes, and Sheltrown
COMMITTEE:	Committee on Tourism, Outdoor Recreation and Natural Resources
Analysis Done:	December 2, 2009

POSITION

The Michigan Department of Natural Resources & Environment opposes this legislation.

PROBLEM/BACKGROUND

The bill attempts to clarify when officers may stop a moving vessel for investigative reasons.

DESCRIPTION OF BILL

This bill would remove the language contained in 324.80166 (2) that is currently written to allow the stopping of vessels for the purpose of determining if a vessel has the proper number of adequate floatation devices on board. The bill also imposes a requirement that officers have a "reasonably articulable suspicion" that a marine law is being violated or other criminal activity is occurring before stopping a vessel.

SUMMARY OF ARGUMENTS

Pro

None

Con

Removal of the language in 324.80166 (2) that allows officers to stop vessels for the purpose of checking for proper personal floatation devices would pose a threat to public safety. Each year a large number of boaters involved in boating accidents drown due to not wearing life jackets, or as a result of not having life jackets available. United States Coast Guard (USCG) statistics suggest that as many as 90 percent of all boating fatalities are the result of not wearing life jackets or not having life jackets available in the event of an emergency. Recent Michigan statistics mirror this. Preserving the ability for officers to stop vessels for the purpose of checking for the proper number and adequacy of personal floatation devices addresses this threat to public safety.

Michigan's boating public enjoys a large amount of water resources that are subject to concurrent jurisdiction (state/federal) and are served by a variety of law enforcement agencies. Some agencies are guided by state law (state, county, local) and others are guided by federal law (USCG, Border Patrol, Customs, etc.). Current federal and state laws allow for the stopping of vessels to check for proper personal floatation devices.

To change state law away from this would add confusion for both boaters and law enforcement alike, to the now standardized state/federal boating laws. Imposing a new requirement that officers have a "reasonably articulable suspicion" prior to the stopping of vessels creates a new standard that is not consistent with existing law and police procedure. As written 324.80166 (2) requires "reasonable suspicion" which is commonly used and understood law enforcement terminology. This "reasonable suspicion" terminology and concept has been tried and tested in court systems throughout Michigan and the United States, and has deep roots in existing case law. To impose a new, different requirement, specific to the marine environment, seems unnecessary and will complicate an existing, universally accepted legal standard.

FISCAL/ECONOMIC IMPACT

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

(a) Department

Budgetary:

N/A

Revenue:

N/A

Comments:

N/A

(b) State

Budgetary:

N/A

Revenue:

N/A

Comments:

N/A

(c) Local Government

Comments:

N/A

OTHER STATE DEPARTMENTS

N/A

ANY OTHER PERTINENT INFORMATION

Proposed language change:

324.80166 (2)

A peace officer who observes a marine law violation or the commission of a crime may immediately arrest the person without a warrant, issue an appearance ticket directing the person to appear in court, or issue to the person a written or verbal warning.

ADMINISTRATIVE RULES IMPACT

Rules can be promulgated to provide for administration of the act.

_______________________________

Rebecca A. Humphries

Director

_______________________________

Date

LED