Bill Text: MI HB6104 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Law enforcement; other; definition of public body; expand to allow intermediate school districts to form law enforcement agencies. Amends secs. 2 & 9 of 2004 PA 378 (MCL 28.582 & 28.589). TIE BAR WITH: HB 6105'18
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-06 - Bill Electronically Reproduced 06/05/2018 [HB6104 Detail]
Download: Michigan-2017-HB6104-Introduced.html
HOUSE BILL No. 6104
June 5, 2018, Introduced by Reps. Garrett, Geiss, Love, Byrd and Yancey and referred to the Committee on Education Reform.
A bill to amend 2004 PA 378, entitled
"Public body law enforcement agency act,"
by amending sections 2 and 9 (MCL 28.582 and 28.589).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a)
"Governing entity" means either of the following, as
applicable:
(i) For any public body except a public body described
in
subparagraph
(ii), the governing board or governing body of the
public body.
(ii) In the case of a public body that is a qualifying
school
district
under part 5a of the revised school code, 1976 PA 451, MCL
380.371
to 380.376, the chief executive officer of the school
district,
subject to the concurrence of the school reform board of
the
school district.
(b) "Intermediate school district" means that term as defined
in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
(c)
"Public body" means either
any of the following, within
this state:
(i) A multicounty metropolitan district authorized and
established pursuant to state law by 2 or more counties with a
combined population of not less than 3,000,000, for the purpose of
cooperative planning, promoting, acquiring, constructing, owning,
developing, maintaining, or operating parks.
(ii) A school district in this state that has a membership of
at least 20,000 pupils and that includes in its territory a city
with a population of at least 180,000 as of the most recent federal
decennial census.
(iii) An intermediate school district.
Sec. 9. (1) Except as provided in subsection (2), the
jurisdiction of law enforcement officers appointed under section 3
is limited to property owned or leased by the public body, wherever
situated
in this state, and shall extend extends
to any public
right-of-way traversing or immediately contiguous to the property.
The jurisdiction of those law enforcement officers may be extended
by state law governing peace officers or through deputization by a
county sheriff if authorized by the governing entity.
(2) Notwithstanding subsection (1), the jurisdiction of law
enforcement officers who are granted powers and authority under
section 3 and are employed by a school district or an intermediate
school district shall include all territory within the boundaries
of
the school district and all property outside the boundaries of
the
school district that is owned, leased, or rented by or is
otherwise under the legal control of the school district or
intermediate school district that employs the public safety
officers.
(3) A public law enforcement agency established under section
3 and each local law enforcement agency with which it has
overlapping jurisdiction shall enter into a memorandum of
understanding that establishes reasonable communication and
coordination efforts between those law enforcement agencies. If the
public
law enforcement agency is a qualifying school district under
section
2(b)(ii) or an intermediate school district, the memorandum
of
understanding shall must also establish jurisdiction of the
public law enforcement agency.
(4) This act does not limit the jurisdiction of state, county,
or municipal peace officers.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6105 (request no.
06318'18 a) of the 99th Legislature is enacted into law.