reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.466 - Articles Pyrotechnic or Display Fireworks Ignition; Permit; Competency and Qualifications of Operators; Retention of Fee.

28.466 Articles pyrotechnic or display fireworks ignition; permit; competency and qualifications of operators; retention of fee.
Sec. 16.
(1) The legislative body of a city, village, or township, upon application in writing on forms provided by the department on the department's website and payment of a fee set by the legislative body, if any, may grant a permit for the use of agricultural or wildlife fireworks, articles pyrotechnic, display fireworks, consumer fireworks, or special effects manufactured for outdoor pest control or agricultural purposes, or for public or private display within the city, village, or township by municipalities, fair associations, amusement parks, or other organizations or individuals approved by the city, village, or township authority, if the applicable provisions of this act are met. After a permit has been granted, a permit holder may sell, possess, or transport fireworks for only the purposes described in the permit. A permit granted under this subsection is not transferable and shall not be issued to a minor.
(2) Before a permit for articles pyrotechnic or a display fireworks ignition is issued, the person applying for the permit shall furnish proof of financial responsibility by a bond or insurance in an amount, character, and form deemed necessary by the local governing authority to protect the public and to satisfy claims for damages to property or personal injuries arising out of an act or omission on the part of the person or an agent or employee of the person.
(3) The department shall not issue under this act a permit to a nonresident person for ignition of articles pyrotechnic or display fireworks in this state until the person has appointed in writing a resident member of the bar of this state or a resident agent to be the legal representative upon whom all process in an action or proceeding against the person may be served.
(4) Before granting a permit under this act, the local governing authority shall rule on the competency and qualifications of an articles pyrotechnic and display fireworks operator, as furnished by the operator on the operator's application form, in accordance with the requirements provided under NFPA 1123, and on the time, place, and safety aspects of the display of articles pyrotechnic or display fireworks.
(5) A local unit of government that charges and collects a fee to issue a permit under this section shall retain the collected fee.
History:
2011, Act 256, Eff. Jan. 1, 2012 ;-- Am. 2018, Act 634, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.467 - Conduct Not Prohibited by Act.

28.467 Conduct not prohibited by act.
Sec. 17.
Except as otherwise provided in this act, this act does not prohibit any of the following:
(a) A wholesaler, retailer, commercial manufacturer, or importer from selling, storing, using, transporting, or distributing consumer fireworks or low-impact fireworks.
(b) The use of fireworks by railroads or other transportation agencies or law enforcement agencies for signal purposes or illumination.
(c) The use of agricultural or wildlife fireworks.
(d) The sale or use of blank cartridges for any of the following:
(i) A show or play.
(ii) Signal or ceremonial purposes in athletics or sports.
(iii) Use by military organizations.
(iv) Use by law enforcement agencies.
(e) The possession, sale, or disposal of fireworks incidental to the public display of fireworks by wholesalers or other persons who possess a permit to possess, store, or sell explosives from the bureau of alcohol, tobacco, firearms, and explosives of the United States Department of Justice.
(f) Interstate wholesalers from selling, storing, using, transporting, or distributing fireworks.
(g) A person from parking a motor vehicle, or trailer, that is not being used for the storage of consumer fireworks, within 10 feet of a permanent building or structure used in the retail sale of consumer fireworks.
History:
2011, Act 256, Eff. Jan. 1, 2012 ;-- Am. 2012, Act 257, Imd. Eff. July 2, 2012 ;-- Am. 2018, Act 634, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.468 - Violation of Act; Penalty; Reimbursement of Storage Costs.

28.468 Violation of act; penalty; reimbursement of storage costs.
Sec. 18.
(1) Unless otherwise provided in this act, if a person violates this act, the person is guilty of a crime as follows:
(a) Except as otherwise provided in this section, a misdemeanor punishable by imprisonment for not more than 30 days or a fine of not more than $1,000.00, or both.
(b) If the violation causes damage to the property of another person, a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $5,000.00, or both.
(c) If the violation causes serious impairment of a body function of another person, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(d) If the violation causes the death of another person, a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
(2) In addition to any other penalty imposed for the violation of this act, a person that is found guilty of a violation of this act shall be required to reimburse the appropriate governmental agency for the costs of storing seized fireworks that the governmental agency confiscated for a violation of this act. This reimbursement shall be in a form and at a time as required by the department and as otherwise required by law.
History:
2011, Act 256, Eff. Jan. 1, 2012 ;-- Am. 2012, Act 257, Imd. Eff. July 2, 2012
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.468a - Citation for Serious Violation; Fine; Prosecution; Payment of Civil Fines to Department; Collection Proceedings.

28.468a Citation for serious violation; fine; prosecution; payment of civil fines to department; collection proceedings.
Sec. 18a.
(1) Except as otherwise provided in this section, a person that receives a citation for a serious violation, an order issued under this act, or a rule promulgated under this act shall be assessed a civil fine of not more than $1,000.00 for each violation.
(2) Except as otherwise provided in this section, a person that receives a citation for a violation of this act that is not a serious violation may be assessed a civil fine of not more than $500.00 for each violation.
(3) Subsections (1) and (2) do not apply to violations for which a specific civil fine is provided by this act.
(4) The state fire marshal may request that the prosecuting attorney for the county in which a violation of this act occurred issue a complaint and request a warrant for the prosecution of an individual who commits a criminal violation of this act.
(5) A civil fine ordered under this act shall be paid to the department within 15 working days after the date the civil fine is ordered, not subject to further review, and credited to the fireworks safety fund.
(6) The department of treasury shall institute proceedings to collect any civil fines ordered but not paid under this act.
History:
Add. 2012, Act 257, Imd. Eff. July 2, 2012 ;-- Am. 2013, Act 65, Imd. Eff. June 19, 2013 ;-- Am. 2018, Act 634, Imd. Eff. Dec. 28, 2018
Compiler's Notes:
Act 65 of 2013 did not amend this section and evidently should not have been cited as amended.
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.468b - Issuance of Certificate Prohibited; Revocation.

28.468b Issuance of certificate prohibited; revocation.
Sec. 18b.
(1) The department shall not issue, and an individual is ineligible to be issued, a consumer fireworks certificate if, as verified by the internet criminal history access tool (ICHAT) maintained by the department of state police, the individual was convicted of a felony involving theft, fraud, or arson.
(2) If due to a criminal conviction an individual will be ineligible for a consumer fireworks certificate on April 30 of the year following the year for which the individual currently holds a consumer fireworks certificate, the department shall revoke the current consumer fireworks certificate for the balance of the current year.
History:
Add. 2012, Act 257, Imd. Eff. July 2, 2012 ;-- Am. 2018, Act 634, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.468c - Person Ineligible to Obtain Consumer Fireworks Certificates; Offenses; Periods; Sanctions.

28.468c Person ineligible to obtain consumer fireworks certificates; offenses; periods; sanctions.
Sec. 18c.
(1) A person that is found responsible for any of the following is ineligible, beginning on the date of the finding, to obtain a consumer fireworks certificate for the period of time indicated:
(a) A second violation of section 4(1), 5 years.
(b) A third or subsequent violation of section 4(1), 10 years.
(c) A first violation of section 8(4), 1 year.
(d) A second violation of section 8(4), 5 years.
(e) A third or subsequent violation of section 8(4), 10 years.
(f) A violation subject to section 18(1)(b), 1 year.
(g) A violation subject to section 18(1)(c), permanently.
(h) A violation subject to section 18(1)(d), permanently.
(2) A sanction imposed under subsection (1) shall be imposed in addition to any other penalty or sanction imposed for a violation of this act.
History:
Add. 2012, Act 257, Imd. Eff. July 2, 2012 ;-- Am. 2018, Act 634, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.469 - Inspections; Delegation of Authority and Responsibility.

28.469 Inspections; delegation of authority and responsibility.
Sec. 19.
The department may delegate authority and responsibility to carry out inspections and other duties under this act.
History:
2011, Act 256, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.470 - Rules.

28.470 Rules.
Sec. 20.
(1) The department shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to administer this act, including, but not limited to, all of the following:
(a) Create uniform applications and other forms for dissemination to and use by local units of government under this act.
(b) Procedures for the collection of application fees and fireworks safety fees.
(c) Enforcement of regulatory duties.
(d) The enforcement of age limitations.
(2) Rules promulgated under this section shall conform to the following codes developed by the national fire protection association, except for any code provision that conflicts with this act:
(a) NFPA 1123, code for fireworks display.
(b) NFPA 1124, code for manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles.
(c) NFPA 1126, standard for the use of pyrotechnics.
(3) The rules promulgated under former chapter XXXIX of the Michigan penal code, 1931 PA 328, MCL 750.243a to 750.243e, pertaining to the display of articles pyrotechnic and display fireworks that are in effect on the effective date of this act shall remain in effect until rescinded or otherwise changed according to law, as provided for in section 31 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.231.
History:
2011, Act 256, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 256 of 2011 - Michigan Fireworks Safety Act (28.451 - 28.471) › Section 28.471 - Repealed. 2018, Act 305, Imd. Eff. June 29, 2018.

28.471 Repealed. 2018, Act 305, Imd. Eff. June 29, 2018.
Compiler's Notes:
The repealed section pertained to a report by the state fire marshal.
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.511 - Short Title.

28.511 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan retired law enforcement officer's firearm carry act".
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.512 - Definitions.

28.512 Definitions.
Sec. 2.
As used in this act:
(a) "Active duty firearms standard" means the in-service standard for the training and qualification of active duty law enforcement officers as mandated by the commission under the commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616.
(b) "Alcoholic liquor" means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105.
(c) "Certification" or "certified" means official recognition by the commission that a retired law enforcement officer has met the active duty firearms standard in this state and is eligible to carry a concealed firearm under 18 USC 926C.
(d) "Certificate" means a commission-issued document that identifies a qualified retired law enforcement officer who is certified under 18 USC 926C and this act.
(e) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(f) "Certificate holder" means a qualified retired law enforcement officer who is issued a certificate by the commission.
(g) "Commission" means the commission on law enforcement standards established under section 3 of the commission on law enforcement standards act, 1965 PA 203, MCL 28.603.
(h) "Firearm" means that term as defined in section 1 of 1927 PA 372, MCL 28.421.
(i) "Peace officer" means an officer of a law enforcement agency of the state, the federal government, or a county, township, city, or village who is responsible for the prevention and detection of crime and enforcement of the criminal laws of this state, and includes a motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d, and security personnel employed by the department of state police under section 6c of 1935 PA 59, MCL 28.6c. Peace officer does not include a qualified retired law enforcement officer.
(j) "Qualified retired law enforcement officer" means that term as defined in 18 USC 926C(c).
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.513 - Certification of Qualified Retired Law Enforcement Officer to Carry Concealed Firearm; Establishment of Requirements and Procedures by Commission; Rules.

28.513 Certification of qualified retired law enforcement officer to carry concealed firearm; establishment of requirements and procedures by commission; rules.
Sec. 3.
The commission shall establish requirements and procedures through which a qualified retired law enforcement officer may be certified to carry a concealed firearm under 18 USC 926C and this act. The commission shall establish requirements and procedures through which certification under 18 USC 926C and this act may be denied or revoked. The commission may promulgate rules to implement this act in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.514 - Eligibility to Carry Concealed Firearm.

28.514 Eligibility to carry concealed firearm.
Sec. 4.
(1) In order to be eligible to carry a concealed firearm under 18 USC 926C and this act, a qualified retired law enforcement officer must meet the requirements of 18 USC 926C and be a legal resident of this state.
(2) A retired law enforcement officer is not eligible for certification by the commission under 18 USC 926C and this act if he or she is prohibited under federal law from being certified under 18 USC 926C.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.515 - Application Requirements and Procedures to Verify Identity; Conduct Criminal History, and Conduct Background Investigation; Establishment by Commission.

28.515 Application requirements and procedures to verify identity; conduct criminal history, and conduct background investigation; establishment by commission.
Sec. 5.
(1) The commission shall establish application requirements and procedures in order to verify the identity of an applicant, to conduct a complete criminal history, and to conduct a background investigation into an applicant's fitness to carry a concealed firearm under 18 USC 926C and this act.
(2) The commission shall request the department of state police to conduct a criminal records check through the state of Michigan and the federal bureau of investigation. The commission shall require the individual to submit his or her fingerprints to the department of state police in a manner prescribed by the department of state police for that purpose. The department of state police may charge a fee for conducting the criminal records check. If a criminal arrest fingerprint card is subsequently submitted to the department of state police and matches against a fingerprint that was submitted under this section and stored in the AFIS database, the department of state police shall notify the commission. Once the department of state police has a set of fingerprints on file as a result of being fingerprinted for purposes of this act, the individual is not required to have fingerprints taken for subsequent renewal applications.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.516 - Application Form; Signature; Providing False or Misleading Information as Felony; Penalty.

28.516 Application form; signature; providing false or misleading information as felony; penalty.
Sec. 6.
(1) The commission shall create an application form for certification under this act. The applicant shall sign the application acknowledging that all information contained in the application is true and accurate.
(2) An applicant who knowingly provides false or misleading information on the application, in whole or in part, is guilty of a felony, punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.517 - Issuance of Certificate; Carrying Certificate and Driver License or Michigan Personal Identification Card; Disclosure to Peace Officer; Forfeiture Upon Notice of Revocation; Violation; Penalties.

28.517 Issuance of certificate; carrying certificate and driver license or Michigan personal identification card; disclosure to peace officer; forfeiture upon notice of revocation; violation; penalties.
Sec. 7.
(1) The commission or its agent shall issue a certificate to a qualified retired law enforcement officer who has complied with the active duty firearms standard and is eligible to carry a concealed firearm under 18 USC 926C and this act.
(2) A certificate holder shall carry the certificate and a valid driver license or Michigan personal identification card on his or her person at all times while in possession of a concealed firearm and shall produce the documents upon demand by a peace officer.
(3) A certificate holder who is carrying a concealed firearm and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a concealed firearm on his or her person or is transporting a firearm in his or her vehicle.
(4) Upon notice of revocation, a certificate holder is required to forfeit his or her certificate to the commission by returning the certificate in person to the commission or returning the certificate by certified mail.
(5) A violation of this section subjects the certificate holder to the penalties provided in section 5f of 1927 PA 372, MCL 28.425f, including forfeiture of the firearm.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.518 - Circumstances Requiring Report to Commission; Failure to File Report as Misdemeanor; Penalty.

28.518 Circumstances requiring report to commission; failure to file report as misdemeanor; penalty.
Sec. 8.
(1) A certificate holder shall immediately report to the commission in writing the circumstances of any of the following:
(a) An arrest or a conviction for a violation of any state or federal criminal law.
(b) Becoming the subject of an order or disposition in any jurisdiction that does 1 or more of the following:
(i) Restrains the certificate holder from harassing, stalking, or threatening an intimate partner of the person or a child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.
(ii) Prohibits or limits the transport, possession, carrying, or use of firearms or ammunition.
(iii) Involves an adjudication of mental illness, a finding of insanity, a finding of legal incapacity, or an order for involuntary commitment in an inpatient or outpatient setting.
(c) A laboratory result reflecting the unauthorized presence of controlled substances following a drug test administered to the certificate holder.
(2) A certificate holder who fails to file a written report as required under subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.520 - Computerized Database; Creation and Maintenance by Commission; Information to Be Contained; Deletion; Dissemination; Confidentiality.

28.520 Computerized database; creation and maintenance by commission; information to be contained; deletion; dissemination; confidentiality.
Sec. 10.
(1) The commission shall create and maintain a computerized database of individuals who apply for a certificate under this act. The database shall contain only the following information as to each individual:
(a) The individual's name, date of birth, address, and county of residence.
(b) If the individual is issued a certificate, the certificate number and date of expiration.
(c) Except as provided in subsection (2), if the individual was denied a certificate, a statement of the reasons for that denial.
(d) A statement of all criminal charges pending and criminal convictions obtained against the individual during the certificate period.
(e) A statement of all determinations of responsibility for civil infractions of this act pending or obtained against the individual during the certificate period.
(2) If an individual who was denied a certificate is subsequently issued a certificate, the commission shall delete from the computerized database the previous reasons for the denial.
(3) The commission shall provide the information described in subsection (1)(a) and (b) to the department of state police in a manner prescribed by the department of state police for dissemination through the law enforcement information network.
(4) Information in the database, compiled under subsections (1) through (3), is confidential, is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to any person except for purposes of this act or for law enforcement purposes.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.521 - Administration of Active Duty Firearm Standard; Identification of Eligible Public Entities.

28.521 Administration of active duty firearm standard; identification of eligible public entities.
Sec. 11.
The commission shall identify public entities eligible to administer the active duty firearm standard to qualified retired law enforcement officers for purposes of carrying out 18 USC 926C and this act.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.522 - Firearm Subject to Seizure and Forfeiture.

28.522 Firearm subject to seizure and forfeiture.
Sec. 12.
A firearm that is carried in violation of this act is subject to seizure and forfeiture in the same manner that property is subject to seizure and forfeiture under sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709. This section does not apply if the violation is a state civil infraction under section 5f of 1927 PA 372, MCL 28.425f, unless the individual fails to present his or her certificate within the 45-day period described in that section.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.523 - Retired Law Enforcement Officer Safety Fund; Creation in State Treasury; Credit of Funds; Balance Remaining at End of Fiscal Year; Administration for Auditing Purposes; Expenditures.

28.523 Retired law enforcement officer safety fund; creation in state treasury; credit of funds; balance remaining at end of fiscal year; administration for auditing purposes; expenditures.
Sec. 13.
(1) The retired law enforcement officer safety fund is created in the state treasury.
(2) The state treasurer shall credit to the fund deposits from the collection of application fees as provided in section 14. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) The unencumbered balance remaining in the fund at the end of a fiscal year shall remain in the fund and shall not revert to the general fund.
(4) The department of state police is the administrator of the fund for auditing purposes.
(5) The commission shall expend money from the fund, upon appropriation, only for the purposes of this act.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.524 - Fees.

28.524 Fees.
Sec. 14.
The commission may set and collect a fee for actual costs associated with administration under 18 USC 926C and this act by any method of payment accepted by the commission. The fees shall be deposited in the retired law enforcement officer safety fund.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.525 - Immunity From Liability.

28.525 Immunity from liability.
Sec. 15.
The commission or any law enforcement agency, governmental entity, agent, employee, volunteer, designee, or individual who is acting in good faith in discharging his or her responsibilities under this act is immune from civil liability for any damages resulting from the ownership, possession, carrying, use, or discharge of a firearm by any qualified retired law enforcement officer who has been certified under this act or whose certification has been denied. The immunity provided under this section is in addition to any immunity otherwise provided by law.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.526 - Preemption.

28.526 Preemption.
Sec. 16.
This act does not preempt any existing state or federal statute, regulation, or other authority governing the use, possession, carrying, or receiving of firearms or ammunition in this state, including application by a qualified retired law enforcement officer to carry a concealed firearm under 18 USC 926C.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 537 of 2008 - Michigan Retired Law Enforcement Officer's Firearm Carry Act (28.511 - 28.527) › Section 28.527 - Expiration of Commission's Authority to Issue Certificates.

28.527 Expiration of commission's authority to issue certificates.
Sec. 17.
The commission's authority to issue certificates under this act expires immediately upon the repeal of 18 USC 926C.
History:
2008, Act 537, Eff. Mar. 31, 2009
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Repealed - Act 462 of 2014 - Carrying and Administering Opioid Antagonists (28.541 - 28.544)

CARRYING AND ADMINISTERING OPIOID ANTAGONISTS
Act 462 of 2014
28.541-28.544 Repealed. 2019, Act 39, Eff. Sept. 24, 2019.
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 128 of 2017 - Law Enforcement Officer Separation of Service Record Act (28.561 - 28.565) › Section 28.561 - Short Title.

28.561 Short title.
Sec. 1.
This act shall be known and may be cited as the "law enforcement officer separation of service record act".
History:
2017, Act 128, Eff. Jan. 15, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 128 of 2017 - Law Enforcement Officer Separation of Service Record Act (28.561 - 28.565) › Section 28.562 - Definitions.

28.562 Definitions.
Sec. 2.
As used in this act:
(a) "Commission" means the Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.603.
(b) "Former employing law enforcement agency" means a law enforcement agency in this state that was the employer of, or that issued an oath of office to, a law enforcement officer licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and that was required to maintain an employment history record for that law enforcement officer under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
History:
2017, Act 128, Eff. Jan. 15, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 128 of 2017 - Law Enforcement Officer Separation of Service Record Act (28.561 - 28.565) › Section 28.563 - Separation of Service; Maintenance of Record Regarding Reasons and Circumstances; Review by Separating Law Enforcement Officer; Request for Correction or Removal of Portion of Record; Submission of Written Statement by Separating Law Enforcement Officer.

28.563 Separation of service; maintenance of record regarding reasons and circumstances; review by separating law enforcement officer; request for correction or removal of portion of record; submission of written statement by separating law enforcement officer.
Sec. 3.
(1) In addition to the employment history record required to be maintained under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, by a law enforcement agency for each officer it employs or for each officer to whom the chief of police of a village, city, or township or county sheriff has administered an oath of office, a law enforcement agency shall maintain a record regarding the reason or reasons for, and circumstances surrounding, a separation of service for each law enforcement officer for whom the law enforcement agency is required to maintain an employment history record under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, who subsequently separates from the law enforcement agency or from his or her employment as a law enforcement officer requiring the administration of an oath of office under section 9c or 9d of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.609c and 28.609d.
(2) The law enforcement agency shall allow a separating law enforcement officer to review a record prepared under subsection (1) upon the request of the separating officer.
(3) If a separating law enforcement officer disagrees with the accuracy of the contents of the record prepared under subsection (1), he or she may request the correction or removal of the portion of the record he or she believes is incorrect. If the law enforcement agency and the separating law enforcement officer cannot reach an agreement on the contents of the record prepared under subsection (1), the separating law enforcement officer may submit a written statement explaining the separating law enforcement officer's position and the basis for his or her disagreement. If a separating law enforcement officer submits a written statement under this subsection, it must be kept with the record required under subsection (1) and provided with the rest of the contents of the record as required under section 5.
History:
2017, Act 128, Eff. Jan. 15, 2018
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 378 of 2004 - Public Body Law Enforcement Agency Act (28.581 - 28.590) › Section 28.581 - Short Title.

28.581 Short title.
Sec. 1.
This act shall be known and may be cited as the "public body law enforcement agency act".
History:
2004, Act 378, Imd. Eff. Oct. 12, 2004
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 378 of 2004 - Public Body Law Enforcement Agency Act (28.581 - 28.590) › Section 28.582 - Definitions.

28.582 Definitions.
Sec. 2.
As used in this act:
(a) "Governing entity" means either of the following, as applicable:
(i) For any public body except a public body described in subparagraph (ii), the governing board of the public body.
(ii) In the case of a public body that is a qualifying school district under part 5a of the revised school code, 1976 PA 451, MCL 380.371 to 380.376, the chief executive officer of the school district, subject to the concurrence of the school reform board of the school district.
(b) "Public body" means either of the following, within this state:
(i) A multicounty metropolitan district authorized and established pursuant to state law by 2 or more counties with a combined population of not less than 3,000,000, for the purpose of cooperative planning, promoting, acquiring, constructing, owning, developing, maintaining, or operating parks.
(ii) A school district in this state 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.
History:
2004, Act 378, Imd. Eff. Oct. 12, 2004
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 378 of 2004 - Public Body Law Enforcement Agency Act (28.581 - 28.590) › Section 28.583 - Creation of Law Enforcement Agency by Public Body.

28.583 Creation of law enforcement agency by public body.
Sec. 3.
A public body may create a law enforcement agency by resolution of its governing entity. The public body may grant to law enforcement officers of that law enforcement agency the same powers, immunities, and authority as are granted by law to peace officers and police officers to detect crime and to enforce the criminal laws of this state and to enforce state laws, local ordinances, and the ordinances and regulations of the public body. Law enforcement officers to whom the authority of peace officers and police officers is granted under this section are considered peace officers of this state and have the authority of police officers provided under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, and as provided under the code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.
History:
2004, Act 378, Imd. Eff. Oct. 12, 2004
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 378 of 2004 - Public Body Law Enforcement Agency Act (28.581 - 28.590) › Section 28.584 - Approval of Prosecuting Attorney and Sheriff; Public Hearings.

28.584 Approval of prosecuting attorney and sheriff; public hearings.
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 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.
History:
2004, Act 378, Imd. Eff. Oct. 12, 2004
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 378 of 2004 - Public Body Law Enforcement Agency Act (28.581 - 28.590) › Section 28.585 - Law Enforcement Agency Oversight Committee.

28.585 Law enforcement agency oversight committee.
Sec. 5.
(1) A public body that creates a law enforcement agency under this act shall appoint a law enforcement agency oversight committee consisting of not less than 6 individuals nominated and appointed by the governing entity of the public body, as follows:
(a) Two elected officials from a city, village, township, or county in which all or part of the property of the public body is located.
(b) Not less than 2 representatives of local law enforcement, 1 of whom shall not be of supervisory or management rank.
(c) Two individuals representing the general public who reside within the proposed law enforcement agency's jurisdiction.
(2) A law enforcement agency oversight committee shall receive and address public complaints concerning that law enforcement agency or its officers. The committee may recommend to the public body that an investigation be conducted regarding alleged misconduct by any law enforcement officer from that law enforcement agency.
(3) A law enforcement agency created under this act shall not begin operations until the oversight committee for that law enforcement agency is appointed and takes office.
History:
2004, Act 378, Imd. Eff. Oct. 12, 2004
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 378 of 2004 - Public Body Law Enforcement Agency Act (28.581 - 28.590) › Section 28.587 - Maintenance of Employment History Records; Compliance With Michigan Commission on Law Enforcement Standards Act.

28.587 Maintenance of employment history records; compliance with Michigan commission on law enforcement standards act.
Sec. 7.
(1) A public body that creates a law enforcement agency under this act shall comply with the requirement to maintain employment history records for officers in its employ under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
(2) Law enforcement officers to whom the powers, immunities, and authority of peace and police officers are granted under section 3 shall meet the minimum employment standards of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
History:
2004, Act 378, Imd. Eff. Oct. 12, 2004 ;-- Am. 2016, Act 298, Eff. Jan. 2, 2017
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 378 of 2004 - Public Body Law Enforcement Agency Act (28.581 - 28.590) › Section 28.588 - Passage of Rules, Regulations, and Ordinances by Multicounty Metropolitan District; Penalties; Notice.

28.588 Passage of rules, regulations, and ordinances by multicounty metropolitan district; penalties; notice.
Sec. 8.
(1) The governing board of a public body that is a multicounty metropolitan district may do the following:
(a) Adopt and amend all necessary rules, regulations, and ordinances for the management, government, and use of any property under its control, establish penalties for the violation of the rules, regulations, and ordinances, and enforce the penalties.
(b) Adopt and enact rules, regulations, and ordinances designed to safeguard the public peace and health and for the safety of persons and property upon or within the limits of the properties under its control. The subjects of the rules, regulations, and ordinances may include, but not be limited to, the proper policing and supervision of persons and property, the regulation or prohibition of parking, and the regulation of signs and other things which may impede or make dangerous the use of roads, lanes, or thoroughfares, within the limits of the properties under the governing board's control.
(2) The governing board of the public body that adopts an ordinance under this section shall provide in each ordinance a sanction for violation of the ordinance. Violations may be punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both, if the violation substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days. To the extent permitted by state law, the governing board may adopt an ordinance that designates a violation of the ordinance as a state civil infraction and provides a civil fine for that violation.
(3) An ordinance passed by the governing board of a public body under this section shall be published once in a newspaper of general circulation within the territory of the public body. An ordinance is effective immediately upon its publication, unless a specific effective date that is subsequent to the date of the publication of the ordinance is provided for in the ordinance. The publication of a summary or a true copy of an ordinance after final passage, as a part of the published proceedings of the governing board, constitutes publication of the ordinance.
History:
2004, Act 378, Imd. Eff. Oct. 12, 2004
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 378 of 2004 - Public Body Law Enforcement Agency Act (28.581 - 28.590) › Section 28.589 - Jurisdiction of Law Enforcement Agency.

28.589 Jurisdiction of law enforcement agency.
Sec. 9.
(1) Except as provided in subsection (2), the jurisdiction of law enforcement officers appointed under section 3 is limited to property owned or leased by the public body, wherever situated in this state, and shall extend to any public right-of-way traversing or immediately contiguous to the property. The jurisdiction of those law enforcement officers may be extended by state law governing peace officers or through deputization by a county sheriff if authorized by the governing entity.
(2) Notwithstanding subsection (1), the jurisdiction of law enforcement officers who are granted powers and authority under section 3 and are employed by a school district shall include all territory within the boundaries of the school district and all property outside the boundaries of the school district that is owned, leased, or rented by or is otherwise under the legal control of the school district that employs the public safety officers.
(3) A public law enforcement agency established under section 3 and each local law enforcement agency with which it has overlapping jurisdiction shall enter into a memorandum of understanding that establishes reasonable communication and coordination efforts between those law enforcement agencies. If the public law enforcement agency is a qualifying school district under section 2(b)(ii), the memorandum of understanding shall also establish jurisdiction of the public law enforcement agency.
(4) This act does not limit the jurisdiction of state, county, or municipal peace officers.
History:
2004, Act 378, Imd. Eff. Oct. 12, 2004
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 378 of 2004 - Public Body Law Enforcement Agency Act (28.581 - 28.590) › Section 28.590 - Submission of Monthly Uniform Crime Reports.

28.590 Submission of monthly uniform crime reports.
Sec. 10.
A law enforcement agency created under this act shall submit monthly uniform crime reports pertaining to crimes occurring within the agency's jurisdiction to the department of state police in the manner prescribed in section 1 of 1968 PA 319, MCL 28.251.
History:
2004, Act 378, Imd. Eff. Oct. 12, 2004
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 203 of 1965 - Michigan Commission on Law Enforcement Standards Act (28.601 - 28.616) › Section 28.601 - Short Title.

28.601 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan commission on law enforcement standards act".
History:
1965, Act 203, Eff. Jan. 1, 1966 ;-- Am. 1998, Act 237, Imd. Eff. July 3, 1998 ;-- Am. 2016, Act 289, Eff. Jan. 2, 2017
Compiler's Notes:
For transfer of statutory authority, powers, duties, functions, and responsibilities of the Michigan justice training commission, the Michigan justice training fund, the commission on law enforcement standards, and the law enforcement officers training fund to the new Michigan commission on law enforcement standards by type III transfer, see E.R.O. No. 2001-2, compiled at MCL 28.621 of the Michigan compiled laws.
2023 Michigan Compiled Laws › Chapter 28 - Michigan State Police › Act 203 of 1965 - Michigan Commission on Law Enforcement Standards Act (28.601 - 28.616) › Section 28.604 - Repealed. 2016, Act 289, Eff. Jan. 2, 2017.

28.604 Repealed. 2016, Act 289, Eff. Jan. 2, 2017.
Compiler's Notes:
The repealed section pertained to terms, vacancies, and reappointment of members of commission on law enforcement standards.