[MIham] Revised Scanner Legislation

[FSK]

I am pleased to report that Governor Granholm signed the attached
legislation on March 2, 2006 and it became enacted on that date.  These
changes to Section 508 MCL will take effect 90 days from that date.  
The holders of all classes of amateur radio licenses will become
totally exempt from the receiver restrictions.  I suggest that anyone
carrying a transceiver capable of receiving public safety frequencies
also carry a copy of this Act along with your Amateur Radio License.
73,
Dale WA8EFK
ARRL Section Manager - Michigan

STATE OF MICHIGAN 
93RD LEGISLATURE 
REGULAR SESSION OF 2006 
Introduced by Reps. Elsenheimer, Jones, Newell, Nofs, David Law and
Sheltrown 
ENROLLED HOUSE BILL No. 4544 
AN ACT to amend 1931 PA 328, entitled "An act to revise, consolidate,
codify, and add to the statutes relating to crimes; to define crimes
and prescribe the penalties and remedies; to provide for restitution
under certain circumstances; to provide for the competency of evidence
at the trial of persons accused of crime; to provide immunity from
prosecution for certain witnesses appearing at such trials; and to
repeal certain acts and parts of acts inconsistent with or contravening
any of the provisions of this act," by amending section 508 (MCL
750.508), as amended by 2002 PA672. 
The People of the State of Michigan enact: 
Sec. 508. (1) A person who has been convicted of 1 or more felonies
during the preceding 5 years shall not carry or have in his or her
possession a radio receiving set that will receive signals sent on a
frequency assigned by the federal communications commission of the
United States for police or other law enforcement, fire fighting,
emergency medical, federal, state, or local corrections, or homeland
security purposes. This subsection does not apply to a person who is
licensed as an amateur radio operator by the federal communications
commission. A person who violates this subsection is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or a
fine of not more than $1,000.00, or both. 
(2) A person shall not carry or have in his or her possession in the
commission or attempted commission of a crime a radio receiving set
that will receive signals sent on a frequency assigned by the federal
communications commission of the United States for police or other law
enforcement, fire fighting, emergency medical, federal, state, or local
corrections, or homeland security purposes. A person who violates this
subsection is guilty of a crime as follows: 
(a) If this subsection is violated in the commission or attempted
commission of a misdemeanor punishable by a maximum term of
imprisonment of at least 93 days but less than 1 year, the person is
guilty of a misdemeanor punishable by imprisonment for not more than 1
year or a fine of not more than $1,000.00, or both. 
(b) If this subsection is violated in the commission or attempted
commission of a misdemeanor or felony punishable by a maximum term of
imprisonment of 1 year or more, the person is guilty of a felony
punishable by imprisonment for not more than 2 years or a fine of not
more than $2,000.00, or both. 
(3) Subsection (2) does not apply to a person who carries or has in his
or her possession a radio receiving set described in subsection (2) in
the commission or attempted commission of a misdemeanor punishable by a
maximum term of imprisonment of less than 93 days. 
(4) This section does not apply to the use of radar detectors. 
Enacting section 1. This amendatory act takes effect 90 days after the
date it is enacted. 
This act is ordered to take immediate effect. 
ss//Clerk of the House of Representatives 
ss//Secretary of the Senate 
Approved 
ss//Governor

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ARRL Michigan Section
Section Manager: Dale R. Williams, WA8EFK
wa8efk at arrl.org
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