LAW ENFORCEMENT OFFICERS MEMORIAL ACT

House Bill 5494 (Substitute H-1)

Sponsor:  Rep. Larry Julian

Committee:  Judiciary

First Analysis (5-19-04)

BRIEF SUMMARY:  The bill would create the Michigan Law Enforcement Officers Memorial Act, create a monument fund, establish a commission to oversee the fund and the construction of a memorial monument to law enforcement officers slain in the line of duty, and provide for the dissolution of the commission and fund after the monument was completed.

FISCAL IMPACT:  The bill would have no material fiscal impact on state or local government.

THE APPARENT PROBLEM:

For several years there has been an ongoing discussion regarding erecting a memorial monument to honor Michigan law enforcement officers who have been killed in the line of duty.  A monument to fallen fire fighters was erected in Roscommon a few years ago, but there currently is no similar memorial to honor slain law enforcement officers.  Some believe that an important first step would be to enact legislation to create a commission to oversee the design and construction of a memorial and a fund to receive public and private donations.

THE CONTENT OF THE BILL:

Michigan Law Enforcement Officers Memorial Monument Fund.  The bill would establish the Michigan Law Enforcement Officers Memorial Monument Fund as a separate fund within the Department of Treasury.  The state treasurer would have to seek federal tax status for the fund and credit to the fund any money appropriated to the monument fund or received from public and private sources, as well as accrued interest. 

Any fund-raising activities conducted to raise money for the memorial fund would have to be approved in writing from the Michigan Law Enforcement Officers Memorial Monument Fund Commission and could not include telemarketing.  Using the name or logo of the fund or commission in a fund-raising activity without prior written approval would be prohibited.  A violation of the bill’s restrictions on fund-raising activities would be a misdemeanor for each separate violation punishable by imprisonment for not more than one year, a fine not to exceed $1,000, or both.   

Any balance remaining at the time the monument was completed would be used to maintain the memorial monument.

Michigan Law Enforcement Officers Memorial Monument.  The financing, design, and construction of a memorial monument dedicated to Michigan law enforcement officers who died in the line of duty would be overseen by the commission.  The names of each slain officer would have to be inscribed on the monument.  The monument would be located on land under the jurisdiction of the Michigan Capitol Park Commission but could not be located on the grounds of the State Capitol.

The Michigan Law Enforcement Officers Memorial Monument Fund Commission would be created as a Type II agency within the Department of Management and Budget and would be the governing body of the monument fund.  The bill would prescribe commission membership (which would include survivors of slain officers), establish four-year terms, and provide for filling vacancies.  The commission would have to initially convene within six months after the first deposit of money into the fund and meet thereafter as necessary to expedite completion of the monument.

A simple majority would constitute a quorum for conducting business; all business would have to be conducted in compliance with the Open Meetings Act; and writings owned, used, prepared, etc. by the commission in the performance of an official function would be available to the public under provisions of the Freedom of Information Act.

Duties would include overseeing the financing, design, and construction of the memorial monument.  The commission would have to solicit designs for the monument and select the final design.  The commission could also accept grants or gifts from the federal government and private and public corporations, organizations, foundations, or other sources.  Money received under this provision would be transmitted by the commission to the state treasurer for deposit in the memorial monument fund.  Acceptance or use of federal money would not commit state money and would not obligate the state to complete the memorial project.  The commission would be dissolved after the construction of the monument and payment of all amounts due in connection with the monument were completed.  

ARGUMENTS:

For:

Five hundred and four Michigan law enforcement officers have given their lives in the line of duty.  It is only fitting that a permanent memorial be erected to honor the memory of each of these brave officers who died trying to serve and protect the residents of the state.  The bill would be an important first step in realizing the memorial by creating a fund to hold monies raised and a commission to oversee the design selection process and construction.  And, although the memorial would not be directly located on the Capitol grounds, it would have to be located nearby, perhaps close to the memorial recently built to honor Michigan soldiers who died in Vietnam.  A memorial was built several years ago to honor fallen Michigan firefighters; it is time to pay a similar tribute to those law enforcement officers who have also made the ultimate sacrifice.

POSITIONS:

The Michigan Concerns of Police Survivors supports the bill.  (5-18-04)

The Fraternal Order of Police supports the bill.  (5-18-04)

The Michigan Sheriffs Association supports the bill.  (5-18-04)

The Michigan State Police Troopers Association supports the bill.  (5-18-03)

The Michigan Association of Police Organizations supports the bill.  (5-18-04)

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Hannah Lee

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.