Secondary Road Patrol (Public Act 416 of 1978)

As amended by Public Act 313 of 1982, being Sections 51.76 and 51.77, establishing the Secondary Road Patrol (SRP) and traffic Accident Prevention Program


NOTE: Executive Order No. 1989-4 transferred administration of the SRP program from the Department of Management and Budget's Office of Criminal Justice to the Department of State Police's Office of Highway Safety Planning, effective October 1, 1989.


Sec. 51.76.(1) As used in this section, "county primary roads," county local roads," and "state trunk line highways" mean the same as those terms are defined in Act No. 51 of the Public Acts of 1951, as amended, being sections 247.651 to 247.673 of the Michigan Compiled Laws. However, state trunk line highways does not include freeways as defined in section 18a of Act No. 300 of the Public Acts of 1949, being section 257.18a of the Michigan Compiled Laws.

(2) Each sheriff's department shall provide the following services within the county in which it is established and shall be the law enforcement agency primarily responsible for that county: except for those portions of the county primary roads and county local roads within the boundaries of a city or village; and on those portions of any other highway or road within the boundaries of a county park within that county:

(a) Patrolling and monitoring traffic violations.
(b) Enforcing the criminal laws of this state, violations of which are observed by or brought to the attention of the sheriff's department while providing the patrolling and monitoring required by this subsection.
(c) Investigating accidents involving motor vehicles.
(d) Providing emergency assistance to persons on or near a highway or road patrolled and monitored as required by this subsection.

(3) Upon request, by resolution, of the legislative body of a city or village, the sheriff's department of the county in which the city or village is located shall provide the services described in subsection (2)(a), (c), and (d) on those portions of county primary roads and county local roads and state trunk line highways within the boundaries of the city or village, which are designated by the city or village in the resolution. Upon request, by resolution, of the legislative body of a city or village, the sheriff's department of the county in which the city or village is located shall provide a vehicle inspection program on those portions of the county primary roads and county local roads within the boundaries of the city or village, which are designated by the legislative body of the city or village in the resolution. A resolution adopted by a city or village under this subsection shall not take effect unless the resolution is approved by the county board of commissioners of the county in which the city or village is located. A resolution of the city or village which is neither approved or disapproved by the county board of commissioners within 30 days after the resolution is received by the county board of commissioners shall be considered approved by the county board of commissioners. A resolution adopted by a city or village to request services under this subsection shall be void if the city or village reduces the number of sworn law enforcement officers employed by the city or village below the highest number of sworn law enforcement officers employed by the city or village at any time within the 36 months immediately preceding the adoption of the resolution. A concurrent resolution adopted by a majority vote of the Senate and the House of Representatives which states that the city or village is required to reduce general services because of economic conditions and is not reducing law enforcement services shall be presumptive that the city or village has not violated the strictures of this subsection.

(4) This section shall not be construed to decrease the statutory or common law powers and duties of the law enforcement agencies of this state or of a county, city, village, or township of this state.

Sec. 51.77. (1) Before a county may obtain its grant from the amount annually appropriated for secondary road patrol and traffic accident prevention to implement section 76, the county shall enter into an agreement for the secondary road patrol and traffic accident prevention services with the office of criminal justice. A county applying for a grant for secondary road patrol and traffic accident prevention shall provide information relative to the services to be provided under section 76 by the sheriff's department of the county, which information shall be submitted on forms provided by the office of criminal justice. By April 1 of each year following a year for which the county received an allocation, a county which receives a grant for secondary road patrol and traffic accident prevention shall submit a report to the office of criminal justice on a form provided by the office of criminal justice. The report shall contain the information described in subsection (6). An agreement entered into under this section shall be void if the county reduces its expenditures or level of road patrol below that which the county was expending or providing immediately before October 1, 1978, unless the county is required to reduce general services because of economic conditions, and is not merely reducing law enforcement services.

(2) A grant received by a county for secondary road patrol and traffic accident prevention shall be expended only for the purposes described in section 76 pursuant to the recommendations of the sheriff of that county, and which are approved by the county board of commissioners. The recommendations shall be relative to the following matters:

(a) Employing additional personnel to provide the services described in section 76(2) and (3).
(b) Purchasing additional equipment for providing the services described in section 76(2) and (3) and operating and maintaining that equipment.
(c) Enforcing laws in state parks and county parks within the county.
(d) Providing selective motor vehicle inspection programs.
(e) Providing traffic safety information and education programs in addition to those programs provided before September 28, 1978.

(3) The sheriff's department of a county is required to provide the expanded services described in section 76 only to the extent that state funds are provided.

(4) For the fiscal years beginning October 1, 1980, and October 1, 1981, a county's share of the amount annually appropriated for secondary road patrol and traffic accident prevention shall be the same percentage that the county received, or was eligible to receive, of the total amount allocated to all counties pursuant to section 12 of Act No. 51 of the Public Acts of 1951, as amended, being section 247.662 of the Michigan Compiled Laws, less the amounts distributed for snow removal and engineers, during the period of July 1, 1976, through June 30, 1977.

(5) From the amount annually appropriated for secondary road patrol and traffic accident prevention, the office of criminal justice may be allocated up to 1% for administrative, planning, and reporting purposes.

(6) The annual report required under subsection (1) shall include the following:

(a) A description of the services provided by the sheriff's department of the county under section 76, other than the services provided in a county park.
(b) A description of the services provided by the sheriff's department of the county under section 76 in county parks in the county.
(c) A copy of each resolution by a city or village of the county which requests the sheriff's department of the county to provide the services described in section 76.
(d) A copy of each contract between a county and a township of the county in which township the sheriff's department is providing a law enforcement service.
(e) The recommendations of the sheriff's department of the county on methods of improving the services provided under section 76; improving the training programs of law enforcement officers; and improving the communications system of the sheriff's department.
(f) The total number of sworn officers in the sheriff's department.
(g) The number of sworn officers in the sheriff's department assigned to road safety programs.
(h) The accident and fatality data for incorporated and unincorporated areas of the county during the preceding calendar year.
(i) The crime statistics for the incorporated and unincorporated areas of the county during the preceding calendar year.
(j) The law enforcement plan developed under subsection (7).
(k) A description of the role alcohol played in the incidences of personal injury traffic accidents and traffic fatalities in the county.
(l) Other information required by the department of management and budget.

(7) The sheriff of each county, the director of the department of state police, and the director of the office of criminal justice or their authorized representatives shall meet and develop a law enforcement plan for the unincorporated areas of the county. The law enforcement plan shall be reviewed and updated periodically.

(8) Before May 1 of each year, the office of criminal justice shall submit a report to the legislature. The report shall contain the following:

(a) A copy of each initial report filed before April 1 of that year and a copy of each annual report filed before April 1 of that year under subsection (6).
(b) The recommendations of the office of criminal justice on methods of improving the coordination of the law enforcement agencies of this state and the counties, cities, villages, and townships of this state; improving the training programs for law enforcement officers; and improving the communications systems of those agencies.
(c) A description of the role alcohol played in the incidences of personal injury traffic accidents and traffic fatalities in this state.

(9) From the 1% allocated to the office of criminal justice for administration, planning, and reporting, the office of criminal justice shall conduct an impact and cost effectiveness study which will review state, county, and local road patrol and traffic accident prevention efforts. This study shall be conducted in cooperation with the Michigan sheriffs' association, the Michigan association of chiefs of police, and the department of state police. Annual reports on results of the study shall be submitted to the senate and house appropriations committees by April 1 of each year.


NOTE: Executive Order #1989-4 transferred administration of the SRP program from the Department of Management and Budget's Office of Criminal Justice to the Department of State Police's Office of Highway Safety Planning, effective October 1, 1989.