SB-0686, As Passed House, December 13, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 686

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 552c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 552c. (1) A person shall not intentionally and without

authority or permission enter or remain in or upon premises or a

structure belonging to another person that is a key facility if the

key facility is completely enclosed by a physical barrier of any

kind, including, but not limited to, a significant water barrier

that prevents pedestrian access, and is posted with signage as

prescribed under subsection (2). As used in this subsection, "key

facility" means 1 or more of the following:

     (a) A chemical manufacturing facility.

     (b) A refinery.

     (c) An electric utility facility, including, but not limited

to, a power plant, a power generation facility peaker, an electric

transmission facility, an electric station or substation, or any

other facility used to support the generation, transmission, or

distribution of electricity. Electric utility facility does not

include electric transmission land or right-of-way that is not

completely enclosed, posted, and maintained by the electric

utility.

     (d) A water intake structure or water treatment facility.

     (e) A natural gas utility facility, including, but not limited

to, an age station, compressor station, orderization facility, main

line valve, natural gas storage facility, or any other facility

used to support the acquisition, transmission, distribution, or

storage of natural gas. Natural gas utility facility does not

include gas transmission pipeline property that is not completely

enclosed, posted, and maintained by the natural gas utility.

     (f) Gasoline, propane, liquid natural gas (LNG), or other fuel

terminal or storage facility.

     (g) A transportation facility, including, but not limited to,

a port, railroad switching yard, or trucking terminal.

     (h) A pulp or paper manufacturing facility.

     (i) A pharmaceutical manufacturing facility.

     (j) A hazardous waste storage, treatment, or disposal

facility.

     (k) A telecommunication facility, including, but not limited

to, a central office or cellular telephone tower site.

     (l) A facility substantially similar to a facility, structure,

or station listed in subdivisions (a) to (k) or a resource required

to submit a risk management plan under 42 USC 7412(r).

     (2) A key facility shall be posted in a conspicuous manner

against entry. The minimum letter height on the posting signs shall

be 1 inch. Each posting sign shall be not less than 50 square

inches, and the signs shall be spaced to enable a person to observe

not less than 1 sign at any point of entry upon the property.

     (3) A person who violates this section is guilty of a felony

punishable by imprisonment for not more than 4 years or a fine of

not more than $2,500.00, or both.

     (4) This section does not prohibit and shall be not construed

to prevent lawful assembly or a peaceful and orderly petition for

the redress of grievances, including, but not limited to, a labor

dispute between an employer and its employees.

     Enacting section 1. This amendatory act takes effect April 15,

2006.