COUNTY ROAD COMMISSION AGENT                                                      H.B. 5487 (H-2):

                                                                                                      FLOOR SUMMARY

House Bill 5487 (Substitute H-2 as reported without amendment)

Sponsor:  Representative Philip Potvin

House Committee:  Transportation

Senate Committee:  Transportation

CONTENT

The bill would amend the Michigan Vehicle Code to do the following:

-- Provide that a county road commission agent enforcing certain sections of the Code would not have to be certified as a police officer, unless he or she carried a firearm.

-- Provide that a road commission agent's authority as a police officer would not apply in the case of speeding by noncommercial vehicle operators on a public bridge, causeway, or viaduct.

For purposes of enforcing certain sections of the Code, the term "police officer" includes a duly authorized agent of a county road commission.  A county road commission agent may not carry a firearm while enforcing the specified sections unless he or she meets the requirements of the Michigan Law Enforcement Officers Training Council Act.  The bill would refer instead to an agent who was certified as a police officer under the Commission on Law Enforcement Standards Act.  The bill also specifies that, except as provided for carrying a firearm, a county road commission agent would not have to be certified as a police officer.

The sections a county road commission agent may enforce as a police officer include Section 631(1), which prohibits a person from driving a vehicle on a public bridge, causeway, or viaduct in excess of the structure's posted maximum speed or with a load that exceeds the structure's posted maximum load.  Under the bill, with regard to this provision, a county road commission agent would be considered a police officer except for speeding by noncommercial vehicle operators.

MCL 257.42 & 257.726c                                                  Legislative Analyst:  Julie Cassidy

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  12-4-12                                                    Fiscal Analyst:  Joe Carrasco

This 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.