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HB 5907

Water supply: systems; authority as municipal authority; modify. Amends sec. 2a, ch. IV of 1927 PA 175 (MCL 764.2a).

2023-2024 Regular Session Introduced by Tyrone Carter

Allows officers from qualified water/sewer/waste authorities to pursue and detain violators beyond their borders in hot pursuit or with MSP/other officers, including vessel stops.

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT
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Bill Summary · HB 5907

Summary — HB 5907 (Code of Criminal Procedure: peace officers of qualified authorities)

Status: Referred to Committee on Local Government (also noted Ref. to Joint Comm. on Environment, 2025-01-22). Introduced Aug 13, 2024 (Rep. Tyrone Carter). Passed House Nov 14, 2024 (immediate effect), transmitted.

Purpose
- To authorize law enforcement officers employed by certain regional water/sewer/waste authorities ("qualified authorities") to exercise peace‑officer powers outside the authority’s geographic boundaries in specified circumstances, aligning their hot‑pursuit and out‑of‑jurisdiction authority with other local peace officers under MCL 764.2a.

Key provisions
- Amends section 2a of chapter IV of the Code of Criminal Procedure (MCL 764.2a).
- Expands the list of entities whose officers may exercise out‑of‑area powers to include "qualified authority" officers.
- Permits a peace officer of a qualified authority to act outside the authority’s geographic boundaries when:
- enforcing state law in conjunction with Michigan State Police;
- enforcing state law in conjunction with another peace officer where they are present; or
- the officer, while located inside the authority’s boundaries, witnesses a state law, administrative rule, or local ordinance violation by an individual outside those boundaries and immediately pursues that individual (hot pursuit). Civil or criminal infractions are included.
- Pursuing officers may stop and detain persons outside the officer’s boundaries for enforcement; if a vessel is involved, an officer may direct its operator to stop or maneuver to permit boarding.
- Defines the geographic boundaries of a qualified authority to include the authority’s territory plus the boundaries of each county/city/village/township that contracts with the authority for water, sewage, or waste management services (per 1955 PA 233, MCL 124.290).
- Cross-reference: the bill cites "qualified authority" as defined in MCL 124.281. House Fiscal Agency analysis previously described "qualified authority" as an authority that owns or operates sewage or water systems with treatment capacity of 1.0 billion gallons or more.
- Enacting clause conditions: the act does not take effect unless companion legislation (House Bill 5909 or an equivalent Senate bill) is also enacted.

Who is affected
- Officers employed by qualifying water/sewer/waste authorities and the authorities themselves.
- Municipalities, counties, and tribal governments that contract with such authorities (their geographic boundaries are included in the authority’s jurisdiction for these purposes).
- Members of the public who may be stopped/detained by these officers while being pursued.

Fiscal impact
- House Fiscal Agency: no state fiscal impact; indeterminate local impact (possible increased burden on local courts and municipal governments tied to enforcement and fines).

Procedural/timeline notes
- Introduced August 13, 2024; passed the House Nov 14, 2024 (immediate effect). Subsequent referrals include Committee on Local Government and a joint environment committee reference in Jan 2025. Effective date is contingent on enactment of HB 5909 (or a corresponding Senate bill).

Related bills
- HB 5906, HB 5908, HB 5909 (package of related bills addressing authority police powers, MCOLES recognition, evidentiary protections, and authority ordinance enforcement).

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

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