February 6, 2014, Introduced by Reps. Pscholka, LaVoy, Pagel, Rogers, Zorn, Johnson, Somerville, Pettalia, Nesbitt, Genetski, Kelly, Farrington, Schmidt, Bumstead, Brunner, Dillon, Geiss, Graves, Lane, Yonker, Victory, Callton, Haines, Shirkey, Price, MacGregor, Outman, VerHeulen, Muxlow, Poleski, Jenkins and Kowall and referred to the Committee on Energy and Technology.
A bill to create the security act for nuclear energy; and to
clarify the rights and duties of officers providing security at
nuclear generating facilities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) An officer providing security at a nuclear
generating facility may use physical force, other than deadly
physical force, against another individual if that officer
providing security honestly and reasonably believes that the
physical force, other than deadly physical force, is necessary to
prevent or terminate that other individual's unlawful trespass at
that nuclear generating facility under section 552 of the Michigan
penal code, 1931 PA 328, MCL 750.552.
(2) An officer providing security at a nuclear generating
facility may use physical force, including deadly physical force,
against another individual if the officer providing security
honestly and reasonably believes that the use of physical force,
including deadly physical force, is necessary to prevent or
terminate an individual from breaking and entering or attempting to
break and enter into the business premises of a nuclear generating
or nuclear storage building or structure with the intent to commit
a crime involving the infliction or threatened infliction of
serious physical harm to any individual, or to deter a threat of
radiological sabotage or a threat of theft or diversion of special
nuclear material.
(3) Notwithstanding any other provision of this act, an
officer providing security at a nuclear generating facility may
threaten to use physical force, including deadly physical force, if
the officer providing security honestly and reasonably believes it
is necessary to protect himself or herself or another individual
against another individual's potential use of physical force,
including deadly physical force, or to deter a threat of
radiological sabotage or a threat of theft or diversion of special
nuclear material.
(4) Notice of the authorization provided in subsection (2)
shall be conspicuously posted at all entrances to the business
premises of a nuclear generating or nuclear storage building or
structure and at intervals along the perimeter in such a manner as
to provide reasonable notice of that authorization to persons about
to enter.
(5) An officer providing security at a nuclear generating
facility, the employer of an officer providing security at a
nuclear generating facility, and the owner and the operator of a
nuclear generating facility are immune from civil liability for the
conduct of an officer providing security at a nuclear generating
facility that is lawful under this section.
(6) Except as provided in this section, this section does not
modify the common law of this state in existence on the effective
date of this act regarding the use of deadly force.
(7) As used in this section:
(a) "Business premises of a nuclear generating or nuclear
storage building or structure" means a building or other structure
used to generate electricity using nuclear power, or that is used
to store special nuclear material associated with or resulting from
generating electricity using nuclear power. Business premises of a
nuclear generating or nuclear storage building or structure include
any appurtenant building or structure and any barrier or barrier
system surrounding that building or structure or appurtenant
building or structure that is designed to protect against
radiological sabotage or theft or diversion of special nuclear
material that is required to be designated and posted against
trespassing under 42 USC 2278a, or any other substantially
equivalent federal law.
(b) "Nuclear generating facility" means 1 or more of the
following:
(i) A facility that is located in this state that generates
electricity using nuclear power for sale, directly or indirectly,
to the public.
(ii) A facility that is located in this state that was formerly
used to generate electricity using nuclear power for sale, directly
or indirectly, to the public, and that stores special nuclear
material.
(iii) The land surrounding a facility described in subparagraph
(i) or (ii) that is in the possession of the facility owner or
operator.
(iv) Any nuclear generating or nuclear storage building or
structure on land described in subparagraph (iii).
(c) "Officer providing security at a nuclear generating
facility" includes all of the following:
(i) A police officer or peace officer acting in the performance
of his or her duties as a police officer or peace officer.
(ii) A security officer employed by or under contract with a
nuclear generating facility who is employed as part of any security
plan approved by the United States nuclear regulatory commission or
its successor agency and who is performing his or her duties under
that plan.
(d) "Special nuclear material" means material capable of a
self-sustaining fission chain reaction.