AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION

2025 Regular Session Introduced by Matthew Dawson and 2 co-sponsors

HB 5908 adds water/sewage authority officers to MCOLES’ definition of law enforcement officers, making them subject to its standards and discipline.

03/11/2025 Committee recommended measure be held for further study

Summary — HB 5908 (Michigan Commission on Law Enforcement Standards Act amendment)

Title: Water supply: systems; systems authority as municipal authority; modify. — Amends sec. 2 of 1965 PA 203 (MCL 28.602)

Purpose
- HB 5908 amends Section 2 of the Michigan Commission on Law Enforcement Standards (MCOLES) Act (MCL 28.602) to expressly include “law enforcement officers of a qualified authority” within the Act’s definition of “law enforcement officer.” The change brings those officers under MCOLES’ statutory framework.

Key provisions
- Adds law enforcement officers appointed or employed by a “qualified authority” to the list of persons defined as law enforcement officers under the MCOLES Act (MCL 28.602).
- By definition under MCOLES, officers included in that list are subject to the Act’s standards for certification, training, decertification, background checks, and other regulatory requirements administered by MCOLES (effects derive from the existing MCOLES statutory framework).
- The bill itself focuses on the definitional change; related operational and jurisdictional authorities (e.g., authority to form enforcement agencies, enforcement powers outside boundaries, reporting obligations) are addressed in companion bills in the same package (HBs 5906, 5907, 5909).

Who is affected
- Law enforcement personnel employed by water, sewage, or waste management authorities that qualify under companion legislation (i.e., authorities that create their own law enforcement agencies) — such personnel would be recognized as law enforcement officers for purposes of MCOLES and thus subject to MCOLES’ standards.
- MCOLES (administratively) as it would apply existing regulatory, certification, and disciplinary authorities to additional categories of officers.
- Local governments and authorities that create or operate such specialty law enforcement units, who would need to comply with MCOLES requirements for their officers.

Procedural status and timeline
- Introduced: August 13, 2024 (Rep. Tyrone Carter)
- Passed House: November 14, 2024 (given immediate effect)
- Referred to Committees: Regulatory Reform (initial), then referred to Committee on Local Government (11/26/2024); referred to Joint Committee on Environment (01/22/2025) per legislative actions.
- Current status (per provided data): Referred to committee.

Fiscal impact
- The House Fiscal Agency analysis states HB 5908 would have no fiscal impact on the state or local units of government. (Costs related to training, certification, or reporting would follow from MCOLES requirements and any companion bills that create new enforcement agencies.)

Notes / Related legislation
- HB 5908 is one of a package (HBs 5906–5909). Companion bills would (among other things) authorize certain water/sewage authorities to adopt/enforce ordinances, create law enforcement agencies, extend peace-officer jurisdiction in some circumstances, and clarify evidentiary protections for those officers. The definitional change in HB 5908 enables those officers to be regulated under MCOLES if those companion provisions are enacted.