LEG. SERGEANTS AT ARMS AS POLICE - H.B. 5341 (S-1) & 5342 (S-1): FLOOR ANALYSIS


House Bill 5341 (Substitute S-1 as reported by the Committee of the Whole)

House Bill 5342 (Substitute S-1 as reported)

Sponsor: Representative Ken Bradstreet (House Bill 5341)

Representative Larry Julian (House Bill 5342)

House Committee: House Oversight and Operations

Senate Committee: Judiciary


CONTENT


House Bill 5341 (S-1) would create the "Legislative Sergeant At Arms Police Powers Act" to allow the Senate and the House of Representatives to commission as police officers the sergeant at arms and one or more assistant sergeants. House Bill 5342 (S-1) would amend the Commission on Law Enforcement Standards Act to include in the definition of "police officer" or "law enforcement officer" the sergeant at arms or any assistant sergeant under House Bill 5341. The bills are tie-barred.


Under House Bill 5341 (S-1), each house of the Legislature could commission as police its sergeant at arms and one or more assistant sergeants to enforce legislative rules and Michigan laws. Commissioned sergeants and assistants would be vested with the powers and immunities conferred upon police officers under Michigan law. The office of sergeant at arms of each house of the Legislature would be a Michigan law enforcement agency, and commissioned sergeants would be subject to the training and certification requirements under the Commission on Law Enforcement Standards Act.


Each commissioned sergeant and assistant, while engaged in his or her duties as the sergeant or an assistant sergeant, could enforce Michigan laws and legislative rules in the capitol and on capitol grounds; in buildings in which offices of legislative members or staff were located; at locations where the Legislature or a committee or subcommittee was holding a session, meeting, or public hearing; in legislative parking areas; and in areas immediately adjacent to the places described above.


At least once per legislative session, the individuals who supervise the sergeants would have to report to legislative committees on the sergeants' activities and other matters involving security and decorum in the Legislature.


MCL 28.602 (H.B. 5342) - Legislative Analyst: P. Affholter


FISCAL IMPACT


The bills would result in minimal costs to the House and Senate depending on the number of sergeants at arms commissioned as police officers. Currently, five of 11 House sergeants and six of nine Senate sergeants previously have met the training and certification requirements of the Commission on Law Enforcement Standards. Costs regarding recertification training would depend on the amount of time that lapsed since an individual was employed as a Commission-certified law enforcement officer. The cost of recertification training is $850 per officer.


Date Completed: 11-28-01 - Fiscal Analyst: B. BowermanFloor\hb5341 - Bill Analysis @ http://www.senate.state.mi.us/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.