SENATE BILL NO. 21

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 552c (MCL 750.552c), as added by 2005 PA 305.

the people of the state of michigan enact:

Sec. 552c. (1) A person An individual shall not intentionally and without authority or permission enter or remain in or upon premises or a structure belonging to another person that is a key facility. if the key facility is completely enclosed by a physical barrier of any kind, including, but not limited to, a significant water barrier that prevents pedestrian access, and is posted with signage as prescribed under subsection (2).

(2) As used in this subsection, section, "key facility" means 1 or more of the following:either of the following:

(a) A facility described in subsection (3).

(b) Any of the following, if completely enclosed by a physical barrier of any kind, including, but not limited to, a significant water barrier that prevents pedestrian access, and if posted with signage as required by subsection (4):

(i) (a) A chemical manufacturing facility.

(ii) (b) A refinery.

(iii) (c) An electric utility facility, including, but not limited to, a power plant, a power generation facility peaker, an electric transmission facility, an electric station or substation, or any other facility used to support the generation, transmission, or distribution of electricity. Electric utility facility does not include electric transmission land or right-of-way that is not completely enclosed, posted, and maintained by the electric utility.

(iv) (d) A water intake structure or water treatment facility.

(v) (e) A natural gas utility facility, including, but not limited to, an age station, compressor station, odorization facility, main line valve, natural gas storage facility, or any other facility used to support the acquisition, transmission, distribution, or storage of natural gas. Natural gas utility facility does not include gas transmission pipeline property that is not completely enclosed, posted, and maintained by the natural gas utility.

(vi) (f) Gasoline, propane, liquid natural gas (LNG), or other fuel terminal or storage facility.

(vii) (g) A transportation facility, including, but not limited to, a port, railroad switching yard, or trucking terminal.

(viii) (h) A pulp or paper manufacturing facility.

(ix) (i) A pharmaceutical manufacturing facility.

(x) (j) A hazardous waste storage, treatment, or disposal facility.

(xi) (k) A telecommunication facility, including, but not limited to, a central office or cellular telephone tower site.

(xii) (l) A facility substantially similar to a facility, structure, or station listed in subdivisions (a) to (k) subparagraphs (i) to (xi) or a resource required to submit a risk management plan under 42 USC 7412(r).

(3) Each of the following is a key facility if the portions of the facility not open to or intended to be used by the public are posted with signage as required by subsection (4):

(a) Any movable bridge within this state.

(b) The Mackinac Bridge.

(c) The Zilwaukee Bridge.

(d) The Rouge River Bridge.

(e) The MacArthur Bridge.

(f) Each international crossing in this state, including, but not limited to, the Ambassador Bridge, the Blue Water Bridge, the Detroit-Windsor Tunnel, the Gordie Howe International Bridge, and the International Bridge.

(4) (2) A key facility shall must be posted in a conspicuous manner against entry. The minimum letter height on the posting signs shall must be 1 inch. Each posting sign shall must be not less than 50 square inches, and the posting signs shall must be spaced to enable a person an individual to observe not less than 1 posting sign at any point of entry upon the property.

(5) (3) A person An individual who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both.

(6) (4) This section does not prohibit and shall must be not construed to prevent lawful assembly or a peaceful and orderly petition for the redress of grievances, including, but not limited to, a labor dispute between an employer and its employees.

(7) It is not a defense to a prosecution under this section that a key facility is intended or designed to be completely enclosed but that, during normal operating hours, the barrier that encloses it is left open for the completion of official business at the key facility, if the key facility is posted with signage as required by subsection (4).