Bill Text: MI SB0163 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Law enforcement; state police; dismissal procedure; modify. Amends sec. 4 of 1935 PA 59 (MCL 28.4).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-12-17 - Assigned Pa 0180'09 With Immediate Effect [SB0163 Detail]
Download: Michigan-2009-SB0163-Introduced.html
SENATE BILL No. 163
January 29, 2009, Introduced by Senator BARCIA and referred to the Committee on Judiciary.
A bill to amend 1935 PA 59, entitled
"An act to provide for the public safety; to create the Michigan
state police, and provide for the organization thereof; to transfer
thereto the offices, duties and powers of the state fire marshal,
the state oil inspector, the department of the Michigan state
police as heretofore organized, and the department of public
safety; to create the office of commissioner of the Michigan state
police; to provide for an acting commissioner and for the
appointment of the officers and members of said department; to
prescribe their powers, duties, and immunities; to provide the
manner of fixing their compensation; to provide for their removal
from office; and to repeal Act No. 26 of the Public Acts of 1919,
being sections 556 to 562, inclusive, of the Compiled Laws of 1929,
and Act No. 123 of the Public Acts of 1921, as amended, being
sections 545 to 555, inclusive, of the Compiled Laws of 1929,"
by amending section 4 (MCL 28.4).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
4. (1) Said The
department shall consist of a uniformed
division,
a personnel and detective division, and such other
personnel,
organized in divisions, bureaus, or
branches as have
been
or may be established by law or by
the commissioner director
in his or her discretion.
(2)
The commissioner director shall
establish a highway patrol
in
the uniform division consisting of
not less fewer than 100
members.
(3)
The commissioner director shall
appoint and employ all
members
of said the department, and they who shall be classified as
officers
and civilian employes employees.
(4) All persons appointed as officers shall be at the time of
their
appointment not less than 21 years of age, the maximum age
limit
to be fixed by the commissioner from time to time, shall be
of sound mind and body, shall be of good moral character, shall be
citizens of the United States and residents of the state of
Michigan, and shall possess such educational qualifications as the
commissioner
director may from time to time prescribe. All persons
appointed as officers shall execute the constitutional oath of
office
before entering upon their duties. No
(5)
An officer shall not be
dismissed , except when
insufficient
funds require a reduction in expenditures in which
case
the officer or officers junior in point of service shall be
discharged,
until a due hearing on his or her removal
shall be had
is
held as hereinafter provided in this act, unless a reduction in
expenditures is required due to insufficient funds, in which case
the officer or officers junior in point of service shall be
dismissed. Civilian employes A civilian employee may not
be
dismissed
at the will of the commissioner without
a due hearing on
his or her removal.
