HB-5906, As Passed Senate, September 29, 2004                               

    SENATE SUBSTITUTE FOR

    HOUSE BILL NO. 5906

(As amended, September 29, 2004)                                            

A bill to allow certain public bodies to create law enforcement

agencies and grant certain powers and authority to law enforcement

officers employed by those agencies; to require those law enforcement

officers to meet certain standards; to prescribe certain powers and

duties of those law enforcement agencies; to provide for certain powers

of public bodies; and to provide for certain powers and duties of state

and local agencies and officers.

    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 1.  This act shall be known and may be cited as the                    

2   "public body law enforcement agency act".                                   

3       Sec. 2.  As used in this act:                                               

4       (a) "Governing entity" means either of the following, as                    

5   applicable:                                                                 

6                                                                                (i) For any public body except a public body described in                           

House Bill No. 5906 as amended September 23, 2004                           

1   subparagraph (ii), the governing board of the public body.                   

2       (ii) In the case of a public body that is a qualifying                       

3   school district under part 5a of the revised school code, 1976 PA           

4   451, MCL 380.371 to 380.376, the chief executive officer of the             

5   school district, subject to the concurrence of the school reform            

6   board of the school district.                                               

7       (b) "Public body" means <<either>> of the following, within this            

8   state:                                                                      

9                                                                                (i) A multicounty metropolitan district authorized and                              

10  established pursuant to state law by 2 or more counties with a              

11  combined population of not less than 3,000,000, for the purpose             

12  of cooperative planning, promoting, acquiring, constructing,                

13  owning, developing, maintaining, or operating parks.                        

14      (ii) A school district in this state that has a membership of                

15  at least 20,000 pupils and that includes in its territory a city            

16  with a population of at least 180,000 as of the most recent                 

17  federal decennial census.                                                   

18  <<

19 

20  >>

21      Sec. 3.  A public body may create a law enforcement agency                  

22  by resolution of its governing entity.  The public body may grant           

23  to law enforcement officers of that law enforcement agency the              

24  same powers, immunities, and authority as are granted by law to             

25  peace officers and police officers to detect crime and to enforce           

26  the criminal laws of this state and to enforce state laws, local            

27  ordinances, and the ordinances and regulations of the public                

House bill No. 5906 as amended September 23 and 29, 2004                    

1   body.  Law enforcement officers to whom the authority of peace              

2   officers and police officers is granted under this section are              

3   considered peace officers of this state and have the authority of           

4   police officers provided under the Michigan vehicle code, 1949 PA           

5   300, MCL 257.1 to 257.923, and as provided under the code of                

6   criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.                       

7       Sec. 4.  (1) A public body shall not create a law                           

8   enforcement agency under this act unless, before that agency is             

9   created, the governing entity obtains the approval of the                   

10  prosecuting attorney of each county within which the public body            

11  owns, maintains, or controls property.  If the property of the              

12  public body is located entirely within 1 city, the public body              

13  also shall obtain the approval of the chief of police of that               

14  city.  If the property of the public body is not located entirely           

15  within 1 city, the public body also shall obtain the approval of            

16  the sheriff of each county within which the public body owns,               

17  maintains, or controls property.  <<If all the property of the public body is located within a county which does not have a first class school district as defined in 1976 PA 451, the public body shall also obtain the approval of the county sheriff.>>  Before granting that approval,                               

18  the prosecuting attorney, <<the sheriff, if required, and>> the chief of    

19  police<<, if required,>> shall make a determination that the proposed law   

20  enforcement agency is needed to assure adequate public safety on            

21  the property of the public body and that the proposed agency can            

22  comply with the minimum guidelines established under section 6.             

23      (2) In addition to the requirements of subsection (1), before               

24  creating a law enforcement agency under this act, the governing             

25  entity shall hold not fewer than 2 public hearings in the                   

26  proposed law enforcement agency's jurisdiction on the question of           

27  creating the proposed law enforcement agency.  The governing                

1   entity shall make a record of the hearing and shall provide                 

2   copies of the record to all of the prosecuting attorneys,                   

3   sheriffs, and chiefs of police from whom approval is required by            

4   this section.                                                               

5       Sec. 5.  (1) A public body that creates a law enforcement                   

6   agency under this act shall appoint a law enforcement agency                

7   oversight committee consisting of not less than 6 individuals               

8   nominated and appointed by the governing entity of the public               

9   body, as follows:                                                           

10      (a) Two elected officials from a city, village, township, or                

11  county in which all or part of the property of the public body is           

12  located.                                                                    

13      (b) Not less than 2 representatives of local law enforcement,               

14  1 of whom shall not be of supervisory or management rank.                   

15      (c) Two individuals representing the general public who                     

16  reside within the proposed law enforcement agency's                         

17  jurisdiction.                                                               

18      (2) A law enforcement agency oversight committee shall                      

19  receive and address public complaints concerning that law                   

20  enforcement agency or its officers.  The committee may recommend            

21  to the public body that an investigation be conducted regarding             

22  alleged misconduct by any law enforcement officer from that law             

23  enforcement agency.                                                         

24      (3) A law enforcement agency created under this act shall not               

25  begin operations until the oversight committee for that law                 

26  enforcement agency is appointed and takes office.                           

27      Sec. 6.  (1) A law enforcement agency created under this act                

1   shall comply with all of the following:                                     

2       (a) The agency shall be funded by the appropriation of public               

3   funds only.                                                                 

4       (b) The agency shall maintain liability insurance.                          

5       (c) The agency shall establish and abide by written policies                

6   pertaining to all of the following:                                         

7                                                                                (i) The authority of its law enforcement officers, including                        

8   the extent of those officers' authority to enforce the criminal             

9   laws of this state and other state laws, local ordinances, and              

10  ordinances and regulations of the public body.  If the law                  

11  enforcement officers of that agency are granted any additional              

12  authority through deputization by a county sheriff or chief of              

13  police, the written policies shall describe that authority.                 

14      (ii) The specific geographic boundaries of the agency's                      

15  jurisdiction.                                                               

16      (iii) The authority and responsibility of the chief law                      

17  enforcement officer of the agency.                                          

18      (iv) Employee discipline.                                                    

19      (v) The legal status of agencies and personnel who respond to               

20  mutual aid requests.                                                        

21      (vi) Any other written policy or procedure consistent with a                 

22  policy or procedure implemented by the sheriff or chief of police           

23  whose approval is required under section 4.                                 

24      (vii) The requirements of section 9d of the commission on law                

25  enforcement standards act, 1965 PA 203, MCL 28.609d.                        

26      (viii) Any other policy or procedure required by statute.                     

27      (d) The agency shall develop and maintain an organizational                 

1   chart describing the structure of the agency and the                        

2   responsibilities and authority within the agency and shall                  

3   develop and maintain written employment position descriptions for           

4   all personnel in the agency.                                                

5       (2) A public body that creates a law enforcement agency under               

6   this act shall present written documentation of compliance with             

7   this section to each county prosecuting attorney and sheriff, or            

8   chief of police when applicable, before approval is granted under           

9   section 4.  A copy of this documentation shall be filed with the            

10  commission on law enforcement standards along with written                  

11  approval from all affected prosecuting attorneys, sheriffs, or              

12  chiefs of police.                                                           

13      (3) The public body shall maintain compliance with the                      

14  requirements of this section.  Failure to maintain these minimum            

15  standards shall constitute just cause for the county prosecuting            

16  attorneys and sheriffs or chiefs of police, by unanimous written            

17  approval, to withdraw the approval granted under section 4.                 

18  Before withdrawal of that approval, the prosecuting attorney and            

19  sheriff or chief of police shall hold not fewer than 2 public               

20  hearings in the law enforcement agency's jurisdiction on the                

21  question of whether maintenance of minimum standards has failed.            

22      Sec. 7.  (1) A public body that creates a law enforcement                   

23  agency under this act shall comply with the requirements of                 

24  section 9d of the commission on law enforcement standards act,              

25  1965 PA 203, MCL 28.609d.                                                   

26      (2) Law enforcement officers to whom the powers and authority               

27  of peace and police officers are granted under section 3 shall              

1   meet the minimum employment standards of the commission on law              

2   enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616.               

3       Sec. 8.  (1) The governing board of a public body that is a                 

4   multicounty metropolitan district may do the following:                     

5       (a) Adopt and amend all necessary rules, regulations, and                   

6   ordinances for the management, government, and use of any                   

7   property under its control, establish penalties for the violation           

8   of the rules, regulations, and ordinances, and enforce the                  

9   penalties.                                                                  

10      (b) Adopt and enact rules, regulations, and ordinances                      

11  designed to safeguard the public peace and health and for the               

12  safety of persons and property upon or within the limits of the             

13  properties under its control.  The subjects of the rules,                   

14  regulations, and ordinances may include, but not be limited to,             

15  the proper policing and supervision of persons and property, the            

16  regulation or prohibition of parking, and the regulation of signs           

17  and other things which may impede or make dangerous the use of              

18  roads, lanes, or thoroughfares, within the limits of the                    

19  properties under the governing board's control.                             

20      (2) The governing board of the public body that adopts an                   

21  ordinance under this section shall provide in each ordinance a              

22  sanction for violation of the ordinance.  Violations may be                 

23  punishable by imprisonment for not more than 93 days or a fine of           

24  not more than $500.00, or both, if the violation substantially              

25  corresponds to a violation of state law that is a misdemeanor for           

26  which the maximum period of imprisonment is 93 days.  To the                

27  extent permitted by state law, the governing board may adopt an             

1   ordinance that designates a violation of the ordinance as a state           

2   civil infraction and provides a civil fine for that violation.              

3       (3) An ordinance passed by the governing board of a public                  

4   body under this section shall be published once in a newspaper of           

5   general circulation within the territory of the public body.  An            

6   ordinance is effective immediately upon its publication, unless a           

7   specific effective date that is subsequent to the date of the               

8   publication of the ordinance is provided for in the ordinance.              

9   The publication of a summary or a true copy of an ordinance after           

10  final passage, as a part of the published proceedings of the                

11  governing board, constitutes publication of the ordinance.                  

12      Sec. 9.  (1) Except as provided in subsection (2), the                      

13  jurisdiction of law enforcement officers appointed under section            

14  3 is limited to property owned or leased by the public body,                

15  wherever situated in this state, and shall extend to any public             

16  right-of-way traversing or immediately contiguous to the                    

17  property.  The jurisdiction of those law enforcement officers may           

18  be extended by state law governing peace officers or through                

19  deputization by a county sheriff if authorized by the governing             

20  entity.                                                                     

21      (2) Notwithstanding subsection (1), the jurisdiction of law                 

22  enforcement officers who are granted powers and authority under             

23  section 3 and are employed by a school district shall include all           

24  territory within the boundaries of the school district and all              

25  property outside the boundaries of the school district that is              

26  owned, leased, or rented by or is otherwise under the legal                 

27  control of the school district that employs the public safety               

1   officers.                                                                   

2       (3) A public law enforcement agency established under section               

3   3 and each local law enforcement agency with which it has                   

4   overlapping jurisdiction shall enter into a memorandum of                   

5   understanding that establishes reasonable communication and                 

6   coordination efforts between those law enforcement agencies.  If            

7   the public law enforcement agency is a qualifying school district           

8   under section 2(b)(ii), the memorandum of understanding shall                

9   also establish jurisdiction of the public law enforcement                   

10  agency.                                                                     

11      (4) This act does not limit the jurisdiction of state,                      

12  county, or municipal peace officers.                                        

13      Sec. 10.  A law enforcement agency created under this act                   

14  shall submit monthly uniform crime reports pertaining to crimes             

15  occurring within the agency's jurisdiction to the department of             

16  state police in the manner prescribed in section 1 of 1968 PA               

17  319, MCL 28.251.