SB-1233, As Passed Senate, May 9, 2006
April 27, 2006, Introduced by Senator PATTERSON and referred to the Committee on Judiciary.
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
and sheriff 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 does not have a first class school
district
as defined in 1976 PA 451, 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.