CREW EVENT: FLOTATION DEVICE S.B. 1482: ANALYSIS AS ENACTED
[Please see the PDF version of this analysis, if available, to view this image.]






Senate Bill 1482 (as enacted) PUBLIC ACT 298 of 2010 Sponsor: Senator Michael Switalski
Senate Committee: Natural Resources and Environmental Affairs
House Committee: Tourism, Outdoor Recreation and Natural Resources


Date Completed: 1-31-11

RATIONALE


Administrative rules promulgated by the Department of Natural Resources and Environment (DNRE) require that various vessels have flotation devices onboard and readily accessible to passengers. The requirements vary according to the type and size of the vessel. Because onboard flotation devices can be impractical for crew teams, it was suggested that the requirements should not apply to a person in a racing shell or rowing scull.

CONTENT

The bill amended Part 801 (Marine Safety) of the Natural Resources and Environmental Protection Act to provide that the requirements for having a personal flotation device and a throwable flotation device in a vessel do not apply to a person in a racing shell or rowing scull.


The bill took effect on December 16, 2010.


MCL 324.80164a

ARGUMENTS (Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)

Supporting Argument The DNRE's rules regarding flotation devices include specific requirements for rowboats, canoes, and kayaks. In a rowing scull or racing shell, however, there is no room to store the devices on board, and crew members would be prevented from rowing effectively by wearing them. Also, applying the flotation device requirements to these vessels could interfere with the sport of competitive rowing. While the DNRE traditionally has not enforced these rules in the case of crew events, it is prudent to recognize in statute that the nature of the sport precludes the use of onboard flotation devices.


Legislative Analyst: Julie Cassidy

FISCAL IMPACT
The bill will have no effect on State or local government.


Fiscal Analyst: Josh Sefton

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1482/0910