The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5166 March 25, 1977 PUBLIC SERVICE COMMISSION: Public Service Commission inspectors subject to provisions of Michigan Law Enforcement Officers Training Council Act. LAW ENFORCEMENT OFFICERS TRAINING COUNCIL ACT: Public Service Commission Inspectors Inasmuch as public service commission inspectors are not responsible for the enforcement of the general criminal laws of the state, they are not subject to the provisions of the Law Enforcement Officers Training Council Act. E. Brady Denton Prosecuting Attorney Saginaw County Courthouse Saginaw, Michigan 48602 You have requested my opinion on the following question: Are Michigan Public Service Commission inspectors subject to the provisions of the Michigan Law Enforcement Officers Training Council Act of 1965, 1965 PA 203; MCLA 28.601 et seq; MSA 4.450(1) et seq? The powers possessed by Public Service Commission inspectors are specifically provided for in 1970 PA 115, Sec. 1; MCLA 460.41; MSA 22.120(1) (1), which states: 'Inspectors appointed by the public service commission in addition to the powers and duties conferred upon them by any other provision of law, shall have all the powers conferred upon peace officers by the general laws of the state for the purposes of enforcing the following acts: '(a) Act No. 254 of the Public Acts of 1933, as amended, being sections 475.1 to 475.49 of the Compiled Laws of 1948. '(b) Act No. 181 of the Public Acts of 1963, as amended, being sections 480.11 to 480.19 of the Compiled Laws of 1948. '(c) Act No. 288 of the Public Acts of 1965, as amended, being sections 286.601 and 286.602 of the Compiled Laws of 1948. '(d) Act No. 246 of the Public Acts of 1921, being sections 460.201 to 460.206 of the Compiled Laws of 1948. '(e) Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Compiled Laws of 1948, only with respect to commercial vehicles and their operation.' (2) The Law enforcement Officers Training Council Act, supra, requires that before any person shall exercise the general duties of a peace officer in the State of Michigan, that person shall first be required to conform to the various standards and training specifications provided by the training council. The specific statutory language giving operative effect to this proposition is contained at 1965 PA 203, supra, Sec. 9(2), (3). which states in pertinent part: 'Notwithstanding any other provision of this, or any statute, a regularly employed person employed on or before January 1, 1977, as a member of a police force having 3 or more full-time officers shall not be empowered to exercise all the authority of a peace officer in this state, nor employed in a position which is granted the authority of a peace officer by statute, unless the person has complied with the minimum employment standards prepared and published by the council pursuant to this section. . . .' The LEOTC Act, supra, Sec. 2(c) defines 'police officer' or 'law enforcement officer' as follows: "Police officer' or 'law enforcement officer' means a member of a police force or other organization of a city, county, township, village or of the state, regularly employed as such and who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state, but shall not include any person serving as such solely by virtue of his occupying any other office or position.' (emphasis added) The requirement that police officers or or law enforcement officers be responsible for the prevention and detection of crime and the enforcement of general criminal laws precludes any application of the act to Public Service Commission inspectors. Under the authority conferred upon such inspectors in 1970 PA 115, Sec. 1, supra, the inspectors are limited to the enforcement of five specific enumerated acts with respect to the aforesaid acts. While the inspectors may exercise the powers of a peace officer, they have no authority to perform any functions of a peace officer with regard to the enforcement of the general criminal laws of the state. Since the powers of Public Service Commission inspectors are restricted to enforcement of only specifically enumerated acts, it is my opinion that they do not satisfy the statutory definition of police officer or law enforcement officer contained in the LEOTC Act and therefore Public Service Commission inspectors are not subject to the requirements contained within that act. Although Public Service Commission inspectors do not enforce the general criminal laws of the State, they do enforce an important segment of the law and I believe that the legislature should consider requiring them to receive the Michigan Law Enforcement Officers Training instructional program. Frank J. Kelley Attorney General (1)
(2)
(a) Motor Carrier Act, 1933 PA 254; MCLA 475.1-475.79; MSA 22.531-22.587(109); (b) Motor Carrier Safety Act, 1963 PA 181; MCLA 480.11-480.19; MSA 9.1666(1)-9.1666(9); (c) Michigan Vehicle Code as it relates to commercial vehicles, 1949 PA 300; MCLA 257.1-257.923; MSA 9.1801-9.2623; (d) Transport of Migrant Workers Act, 1965 PA 288; MCLA 286.601-286.602; MSA 17.425(1)-17.425(2); and (e) Water Carrier Regulation Act, 1921 PA 246; MCLA 460.201-460.206; MSA 22.91-22.96.(3)
This subsection was amended by 1976 PA 422; prior to this amendment, the cut-off date of the grandfather clause was January 1, 1971.