June 14, 2012, Introduced by Reps. McMillin, MacMaster, Irwin, Ananich, Foster and McBroom and referred to the Committee on Government Operations.
A bill to prohibit any agency of this state, any political
subdivision of this state, any employee of any agency of this state
or any political subdivision of this state, or any member of the
Michigan national guard from assisting an agency of the armed
forces of the United States in the investigation, prosecution, or
detainment of any citizen of the United States under certain
circumstances.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) Subject to subsection (2), notwithstanding any
provision of law to the contrary, no agency of this state, no
political subdivision of this state, no employee of an agency of
this state or a political subdivision of this state acting in his
or her official capacity, and no member of the Michigan national
guard on official state duty shall aid an agency of the armed
forces of the United States in any investigation, prosecution, or
detention of any person pursuant to 50 USC 1541, as provided by the
federal national defense authorization act for fiscal year 2012,
Public Law 112-81, if such aid would place that state agency,
political subdivision, employee, or member of the Michigan national
guard in violation of the United States constitution, the state
constitution of 1963, or any law of this state.
(2) Subsection (1) does not apply to participation by state or
local law enforcement or the Michigan national guard in a joint
task force, partnership, or other similar cooperative agreement
with federal law enforcement if that joint task force, partnership,
or similar cooperative agreement is not for the purpose of
investigating, prosecuting, or detaining any citizen of the United
States pursuant to 50 USC 1541.