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HB 5906

Water supply: systems; authority as municipal authority; modify. Amends sec. 1 of 2006 PA 563 (MCL 15.391).

2023-2024 Regular Session Introduced by Tyrone Carter

Expands protections for involuntary statements: officers of qualified authorities (water/sewage/waste) and MCOLES-trained, local corrections, and dispatch staff are shielded.

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT
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Bill Summary · HB 5906

Summary — HB 5906 (2024-2025)

Status: Passed House (11/14/2024); referred to Committee on Local Government; referred to Joint Committee on Environment (1/22/2025). Introduced: Rep. Tyrone Carter (8/13/2024). Classification: Bill to amend 2006 PA 563 (MCL 15.391).

Main purpose

HB 5906 amends the law that limits use and disclosure of certain statements made by law enforcement officers (2006 PA 563) to explicitly include officers of certain non‑traditional law enforcement agencies — specifically officers of “qualified authorities” (water/sewage/waste authorities as defined in 1955 PA 233) — within the act’s protections. It also clarifies definitions of “law enforcement agency” and “law enforcement officer” under that statute.

Key provisions / changes

  • Expands definitions in MCL 15.391:
    • “Law enforcement agency” is defined to include, among others, a “qualified authority” (i.e., authorities created under 1955 PA 233).
    • “Law enforcement officer” is defined to include:
    • Persons trained and licensed/certified under the Michigan Commission on Law Enforcement Standards (MCOLES) Act (1965 PA 203);
    • Local corrections officers (as defined in the Local Corrections Officers Training Act, 2003 PA 125);
    • Emergency dispatch workers employed by a law enforcement agency.
    • Retains the statute’s definition of “involuntary statement” — information provided by a law enforcement officer when compelled under threat of dismissal or other employment sanction by the employing agency.
  • Effect on evidentiary protection: Statements (and information derived from them) that are “involuntary statements” by officers of the newly included agency types would be protected from use against the officer in criminal proceedings under the act.
  • Contingent effective clause: The amendatory act does not take effect unless companion legislation (House Bill 5909 or an identified Senate Bill) is enacted — HB 5906 is part of a package (HBs 5906–5909) addressing authorities’ powers and law‑enforcement status.

Who is affected

  • Employees and officers of “qualified authorities” (municipal water, sewage, waste management authorities that meet the statutory definition).
  • MCOLES‑trained law enforcement personnel, local corrections officers, and emergency dispatch workers employed by qualifying agencies — who gain explicit inclusion for protections against compelled statements being used in criminal proceedings.
  • Prosecutors, defense counsel, and courts will apply the statutory evidentiary restriction to statements by these added categories of officers, subject to existing definitions and exceptions in 2006 PA 563.

Procedural / timeline notes

  • Passed Michigan House on 11/14/2024 with immediate effect provision; subsequent referrals to committees occurred (Local Government; Joint Committee on Environment).
  • The bill’s enactment is contingent on passage of related legislation (HB 5909 or an associated Senate bill); it will not take effect independently.

Fiscal impact

  • House Fiscal Agency: HB 5906 would have no fiscal impact on state or local government.

Related legislation

  • HB 5909 (companion): expands authority powers for certain water/sewage/waste authorities, authorizes those authorities to adopt/enforce ordinances and establish law enforcement agencies.
  • HB 5907 and HB 5908: address jurisdictional authority and MCOLES recognition for officers of qualified authorities.

Compiled from official sources — confirm details with the bill’s official record.

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