September 6, 2005, Introduced by Reps. Hansen, Stakoe, Garfield, Green, Vander Veen, Casperson, Stahl, Hildenbrand, Taub and Marleau and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 80110, 80111, and 80112 (MCL 324.80110,
324.80111, and 324.80112), as added by 1995 PA 58.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
80110. The department commission may initiate
investigations and inquiries into the need for special rules for
the use of vessels, water skis, water sleds, aquaplanes,
surfboards, or other similar contrivances on any of the waters of
this
state. If controls for such these
activities are considered
necessary, or changes or amendments to or repeal of an existing
local ordinance is required, a local ordinance shall be prepared.
Notice of a public hearing shall be made in a newspaper of general
circulation in the area in which the local ordinance is to be
imposed, amended, or repealed, not less than 10 calendar days
before the hearing. Interested persons shall be afforded an
opportunity to present their views on the proposed local ordinance
either orally or in writing.
Sec. 80111. A local ordinance proposed pursuant to section
80110 shall be submitted to the governing body of the political
subdivision in which the controlled waters lie. Within 60 calendar
days,
the governing body shall inform the
department commission
that it approves or disapproves of the proposed local ordinance. If
the required information is not received within the time specified,
the department
commission shall consider the proposed local
ordinance disapproved by the governing body. If the governing body
disapproves the proposed local ordinance, or if the 60-day period
has elapsed without a reply having been received from the governing
body, no further action shall be taken. If the governing body
approves the proposed local ordinance, the local ordinance shall be
enacted identical in all respects to the local ordinance proposed
by the department.
Sec. 80112. Local political subdivisions that believe that
special local ordinances of the type authorized by this part are
needed on waters subject to their jurisdiction shall inform the
department
commission and request assistance. All such requests
shall be in the form of an official resolution approved by a
majority of the governing body of the concerned political
subdivision.
Upon receipt of such resolutions a resolution under
this
section, the department
commission shall proceed as required
by sections 80110 and 80111.