Bill Text: MI HB5487 | 2011-2012 | 96th Legislature | Chaptered


Bill Title: Law enforcement; other; certification requirements for certain agents of county road commission; clarify, and clarify their authority to issue certain citations. Amends secs. 42 & 726c of 1949 PA 300 (MCL 257.42 & 257.726c).

Spectrum: Slight Partisan Bill (Republican 9-3)

Status: (Passed) 2012-12-31 - Assigned Pa 529'12 2012 Addenda [HB5487 Detail]

Download: Michigan-2011-HB5487-Chaptered.html

Act No. 529

Public Acts of 2012

Approved by the Governor

December 27, 2012

Filed with the Secretary of State

December 28, 2012

EFFECTIVE DATE: March 28, 2013

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Reps. Potvin, Rendon, Damrow, MacMaster, Graves, Foster, Bumstead, Gilbert, Goike, Dillon, Greimel and Meadows

ENROLLED HOUSE BILL No. 5487

AN ACT to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 42 and 726c (MCL 257.42 and 257.726c), as amended by 1989 PA 173.

The People of the State of Michigan enact:

Sec. 42. “Police officer” means any of the following:

(a) A sheriff or sheriff’s deputy.

(b) A village or township marshal.

(c) An officer of the police department of any city, village, or township.

(d) An officer of the Michigan state police.

(e) A peace officer who is trained and certified under the commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616.

(f) For purposes of enforcing sections 215, 255, 631(1) other than for speed by noncommercial vehicle operators, 717, 719, 719a, 720, 722, 724, 725, and 726, a duly authorized agent of a county road commission meeting the requirements of section 726c. However, an authorized agent of a county road commission shall only enforce sections 215 and 255 with respect to commercial vehicles. Except as provided in section 726c(2), an authorized agent of a county road commission is not required to be certified as a police officer under the commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616, to enforce any law described in this subdivision.

Sec. 726c. (1) A duly authorized agent of a county road commission when enforcing sections 215, 255, 631(1), 717, 719, 719a, 720, 722, 724, 725, and 726 shall wear a shoulder patch that is clearly visible and identifies the branch of government represented.

(2) A duly authorized agent of a county road commission shall not carry a firearm while enforcing sections 215, 255, 631(1), 717, 719, 719a, 720, 722, 724, 725, and 726 unless he or she is certified as a police officer under the commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor