HB5499, As Passed House, September 7, 2016

HB5499, As Passed Senate, September 7, 2016

HOUSE BILL No. 5499

March 22, 2016, Introduced by Reps. Cole, Kesto and Tedder and referred to the Committee on Judiciary.

     A bill to amend 2001 PA 185, entitled

"Legislative sergeant at arms police powers act,"

by amending section 2 (MCL 4.382).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. (1) Each house of the legislature may commission the

sergeant at arms and may commission 1 or more assistant sergeants

at arms within that respective house as police officers, to enforce

rules adopted by that house and the laws of this state as

designated by the senate and the house of representatives,

respectively. In performing those enforcement activities,

commissioned sergeants at arms and assistant sergeants at arms are

vested with the powers, privileges, prerogatives, and immunities

conferred upon police officers under the laws of this state.

     (2) Each sergeant at arms and assistant sergeant at arms

commissioned by the senate or the house of representatives as a

police officer under subsection (1) has the power to enforce rules

adopted by that house and the laws of this state in the following

places:

     (a) The capitol building and capitol grounds.

     (b) Buildings in which the offices of legislative members or

staff are located.

     (c) Locations where either house of the legislature or a

committee or subcommittee of either house is holding a session,

meeting, or public hearing, including a reasonable time before and

after the session, meeting, or hearing.

     (d) Legislative parking areas.

     (e) Areas immediately adjacent to the places described in

subdivisions (a) to (d).

     (3) A sergeant at arms or assistant sergeant at arms

commissioned as a police officer under this act shall exercise his

or her authority as a police officer at the locations specified in

subsection (2)(c) only while actually engaging in his or her duties

as the sergeant at arms or an assistant sergeant at arms under the

rules adopted by the senate or the house of representatives

respectively.

     (4) The senate may delegate, pursuant to rules of the senate,

the authority to commission the sergeant at arms or assistant

sergeants at arms as police officers and delegate their

responsibilities under subsection (1) to the senate majority

leader, the secretary of the senate, or other officers or employees

of the senate.

     (5) The house of representatives may delegate, pursuant to

rules of the house of representatives, the authority to commission

the sergeant at arms or assistant sergeants at arms as police

officers and delegate their responsibilities under subsection (1)

to the speaker of the house of representatives, the clerk of the

house of representatives, or other officers or employees of the

house of representatives.

     (6) The office of sergeant at arms of each house of the

legislature is a law enforcement agency of this state.

     (7) A sergeant at arms or an assistant sergeant at arms

commissioned as a police officer under this act is subject to the

training and licensure or certification requirements under the

Michigan commission on law enforcement standards act, 1965 PA 203,

MCL 28.601 to 28.616.28.615.

     (8) At least Not less than once per legislative session, the

individual designated to supervise the sergeants at arms under

house rules and the individual designated to supervise the

sergeants at arms under senate rules, or their designees, shall

report to the house oversight and operations committee and the

senate government operations committee standing committees of the

house of representatives and senate concerned with government

operations and oversight respectively on the activities of the

sergeants at arms and other matters of interest involving the

security and decorum in their respective houses.

     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. 92 or House Bill No.____ (request no.

00913'15 *) of the 98th Legislature is enacted into law.