SB-0686, As Passed Senate, November 10, 2005

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 electrical power generation or electrical transmission

or distribution facility.

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

     (e) A pipeline transmission compressor station.

     (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.