November 30, 2010, Introduced by Senators CROPSEY, GARCIA and NOFS and referred to the Committee on Judiciary.
A bill to amend 1935 PA 59, entitled
"An act to provide for the public safety; to create the Michigan
state police, and provide for the organization thereof; to transfer
thereto the offices, duties and powers of the state fire marshal,
the state oil inspector, the department of the Michigan state
police as heretofore organized, and the department of public
safety; to create the office of commissioner of the Michigan state
police; to provide for an acting commissioner and for the
appointment of the officers and members of said department; to
prescribe their powers, duties, and immunities; to provide the
manner of fixing their compensation; to provide for their removal
from office; and to repeal Act No. 26 of the Public Acts of 1919,
being sections 556 to 562, inclusive, of the Compiled Laws of 1929,
and Act No. 123 of the Public Acts of 1921, as amended, being
sections 545 to 555, inclusive, of the Compiled Laws of 1929,"
by amending section 4 (MCL 28.4), as amended by 2009 PA 180.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The department shall consist of uniformed
personnel and detective personnel, organized in divisions, bureaus,
or branches as established by law or by the director in his or her
discretion.
(2) The director shall establish a highway patrol consisting
of
not fewer than 100 1,450 members.
(3) The director shall appoint and employ all members of the
department, who shall be classified as officers and civilian
employees.
(4) All persons appointed as officers shall be at the time of
their appointment not less than 21 years of age, shall be of sound
mind and body, shall be of good moral character, shall be citizens
of the United States and residents of the state of Michigan, and
shall possess such educational qualifications as the director may
from time to time prescribe. All persons appointed as officers
shall execute the constitutional oath of office before entering
upon their duties.
(5) An officer shall not be dismissed until a due hearing on
his or her removal is held as provided in this act, unless a
reduction in expenditures is required due to insufficient funds, in
which case the officer or officers junior in point of service shall
be dismissed. A civilian employee may not be dismissed without a
due hearing on his or her removal, unless a reduction in
expenditures is required due to insufficient funds.