September 15, 2009, Introduced by Reps. Nathan, Durhal, Tlaib, Young, Leland, Bettie Scott, Womack, Cushingberry, Johnson, Jackson, Lemmons and Geiss and referred to the Committee on Education.
A bill to amend 2004 PA 378, entitled
"Public body law enforcement agency act,"
by amending section 4 (MCL 28.584).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) A public body shall not create a law enforcement
agency under this act unless, before that agency is created, the
governing entity obtains the approval of the prosecuting attorney
of each county within which the public body owns, maintains, or
controls property. If the property of the public body is located
entirely within 1 city, the public body also shall obtain the
approval of the chief of police of that city. If the property of
the public body is not located entirely within 1 city, the public
body also shall obtain the approval of the sheriff of each county
within which the public body owns, maintains, or controls property.
If all the property of the public body is located within a county
which
that does not have a first class school district as
defined
in
1976 PA 451 or a school
district with at least 60,000 but fewer
than 100,000 pupils in membership, the public body shall also
obtain the approval of the county sheriff. Before granting that
approval, the prosecuting attorney, the sheriff, if required, and
the chief of police, if required, shall make a determination that
the proposed law enforcement agency is needed to assure adequate
public safety on the property of the public body and that the
proposed agency can comply with the minimum guidelines established
under section 6.
(2) In addition to the requirements of subsection (1), before
creating a law enforcement agency under this act, the governing
entity shall hold not fewer than 2 public hearings in the proposed
law enforcement agency's jurisdiction on the question of creating
the proposed law enforcement agency. The governing entity shall
make a record of the hearing and shall provide copies of the record
to all of the prosecuting attorneys, sheriffs, and chiefs of police
from whom approval is required by this section.
(3) As used in this section, "first class school district" and
"membership" mean those terms as defined in the revised school
code, 1976 PA 451, MCL 380.1 to 380.1852.