PUBLIC BODY LAW ENFORCEMENT AGENCY S.B. 1233: FLOOR ANALYSIS






Senate Bill 1233 (as reported without amendment)
Sponsor: Senator Bruce Patterson
Committee: Judiciary

CONTENT
The bill would amend the Public Body Law Enforcement Agency Act to require the approval of the sheriff of each county within which a public body owned, maintained, or controlled property before the public body could create a law enforcement agency under the Act.


The Act allows a public body to create a law enforcement agency by resolution of its governing entity. A public body may not create a law enforcement agency, however, unless its governing entity obtains the approval of the prosecuting attorney of each county within which the public body owns, maintains, or controls property. The public body also must obtain the approval of the chief of police, if the property is located entirely within one city. If not, the public body must obtain the approval of the sheriff of each county within which it owns, maintains, or controls property. Under the bill, a public body would have to obtain the approval of the sheriff of each county within which it owned, maintained, or controlled property, regardless of whether the property was located within one city.


The Act also requires the approval of the county sheriff if all of the property of the public body is in a county that does not have a first class school district. The bill would delete that provision.


Under the Act, "public body" means either 1) a multicounty metropolitan district authorized and established pursuant to State law by two or more counties with a combined population of at least 3 million, for the purpose of cooperative planning, promoting, acquiring, constructing, owning, developing, maintaining, or operating parks; or 2) a school district that has a membership of at least 20,000 pupils and that includes in its territory a city with a population of at least 180,000 as of the most recent Federal decennial census (i.e., Detroit and Grand Rapids).


MCL 28.584 Legislative Analyst: Patrick Affholter

FISCAL IMPACT
The bill would have no fiscal impact on State or local government.


Date Completed: 5-3-06 Fiscal Analyst: Bruce Baker

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. sb1233/0506