Michigan Proposed NEW scanner law: HElP

[markbajek]

It looks as though the State of Michigan is in the process of revising MCL750.508b and if the proposed HB4544 sees the light of day..it seemingly will FINALLY eliminate the need for hobbyists to have to apply to the Michigan state police for a scanner permit. Saving Unawares a possible $1000.00 fine.

HB4544 is sitting in Judiciary but might stall. Please read the changes in the link and contact the MI legislature yea or nea with your views.

the link below is to the MI house of representatives text of HB4544.

If the scratched out lines remain intact..... the law is a nice change.


http://www.legislature.mi.gov/docume...5-HIB-4544.pdf

I would encourage all hobbyists to look at the proposed changes to MCL750.508b.

ESPECIALLY those in or who travel into Michigan and if desired write the Michigan Legislature supporting the proposed changes in their current law.

Representative William VanRegenmorter is the chair of the Judiciary committee. Email is: wmvanreg@house.mi.gov


Thanks

Mark Bajek
Westland, MI

[Chris-M]

Thanks for the heads up. I'll read the document and try to write something to the appropriate individual.

I have relatives in Michigan and have been there before with my scanner and Ham Radio handheld quite a few times over the years. Haven't been there in over 3 years and wasn't aware of the current events.

[Chris-M]

This is the whole list of Michigan Representatives, in alphabetical order by last name, and their email addresses.

http://house.michigan.gov/replist.as...=&sortby=2

Here are the named representatives in the bill, in a format for those that wish to send an email to them. Just 'cut N paste' this to the TO line of your email.

Rep. Elsenheimer<kevinelsenheimer@house.mi.gov>, Rep. Jones <rickjones@house.mi.gov>, Rep. Newell <repgarynewell@house.mi.gov>, Rep. Nofs <mikenofs@house.mi.gov>, Rep. Law <davidlaw@house.mi.gov>, Rep. Sheltrown<joelsheltrown@house.mi.gov>

Just write them a basic letter saying you're in favor of House Bill No. 4544 and it's ammemdment to section 508 (MCL 750.508).

[Voyager]

Originally Posted by markbajek

It looks as though the State of Michigan is in the process of revising MCL750.508b and if the proposed HB4544 sees the light of day..it seemingly will FINALLY eliminate the need for hobbyists to have to apply to the Michigan state police for a scanner permit. Saving Unawares a possible $1000.00 fine.

Looks like they are updating it due to the fact that there are no more 'police' frequencies in the FCC database they are all available for any public safety entity (making the present law almost teethless and unenforcable). At the same time, they seem to be making it more realistic.

Joe M.

[DaveNF2G]

Actually, Part 90 of the FCC Regulations lists about 450 "police" frequencies, all below 500 MHz.

[Voyager]

Originally Posted by DaveNF2G

Actually, Part 90 of the FCC Regulations lists about 450 "police" frequencies, all below 500 MHz.

But no license is for police frequencies anymore - anyone can get a Public Safety license (PW service - NO PP ANYMORE) on any 'police' frequency.

PP, PF, and all the other Public Safety licenses were converted to PW.

Joe M.

[JerryNone]

Yes that is nice but they should go on to define crime.
Misdameanor, or something greater?
Do if I am driving through Michigan and by mistake make a right on red casue they are allowed in Ohio (Now wait a minute before somebody blames me gor getting in trouble, there are EXCEPTIONS to this rule.), am I in violation of (Proposed) HB 4544?
If I drive 65 in a 55 and cop turns on his lights and I pull over RIGHT AWAY (When it is safe to do so, as I belive is the law?) am I in violation
of Proposed HB 4544? Disclaimer: I am NOT a lawyer not do I play one on TV, Radio, or Stage so let the debate began. :-)

[crashcrew]

By definition, a crime is a misdemeanor or felony. Violations of vehicle and traffic laws are just that........violations. So no, you would not be in violation of HB4544

[markbajek]

The sponsor of the bill, Rep Elsenheimer was kind enough to write a reply to my email.

Yes if you can write this state rep and give him support to dump the permit provisions.

The law is still being worked on....They are in the process of defining what crimes are covered..(He expressed a concern over persons being pulled over for traffic offenses who may also have a scanner in their vehicle...NOT being entangled in the new MCL750.508).

But the sponsor for sure wants to eliminate the permit provision.
And I'm hearing....cant confirm that MSP is the main proponent of dropping the permit requirement? Don't know why.

Below is a press release regarding the bill.

Regards,
Mark Bajek
---------------------------------------------------------

Elsenheimer bill cuts bureaucracy
Measure scraps permit system for mobile radio scanners

Law-abiding citizens will no longer need permission to have radio scanners in their vehicles under legislation introduced by state Rep. Kevin Elsenheimer.
House Bill 4544 eliminates the requirement for an amateur radio operator license or permit from the state police to carry equipment that receives assigned public safety frequencies.
“The current law is a well-intended effort to keep criminals from hearing what the police are doing,” said Elsenheimer, R-Bellaire. “The reality is that anyone with criminal activity in mind will not ask for a permit, so only law-abiding residents are going through the paperwork and red tape. We need to ensure the bad guys are punished, not make it difficult for people with a hobby.”
The bill eliminates the requirement for individuals to acquire a permit from state police and simply makes using a radio scanner for purposes of committing a crime illegal, punishable by a $1,000 fine and one year in jail, the same penalty currently for not having a license or permit for the radio.
The House Judiciary Committee is reviewing the legislation.

[K5MAR]

Wait A Minute! This is an elected government official, a politician, saying this:

“The current law is a well-intended effort to keep criminals from hearing what the police are doing,” said Elsenheimer, R-Bellaire. “The reality is that anyone with criminal activity in mind will not ask for a permit, so only law-abiding residents are going through the paperwork and red tape. We need to ensure the bad guys are punished, not make it difficult for people with a hobby.”

That's downright scary, he actually makes sense!. You guys better organize to support this guy when he's up for reelection!

Mark S.

[scanhoog]

Isn't Michigan going to a statewide, digital, full-time encrypted system anyway? I read that 6 months ago, but can't confirm its veracity or timetable.

[SEMTTP]

Originally Posted by scanhoog

Isn't Michigan going to a statewide, digital, full-time encrypted system anyway? I read that 6 months ago, but can't confirm its veracity or timetable.

Yes to the first part of your statement, and NO to full time encryption!!
Michigan has had in place since 1990 what is refered to as the Michigan Public Safety Communications System(MPSCS) It is in the TRS list on this website. Some comms are encryped but everything is not, nor will it ever be.

Things like Governor's office, SRT, CID,FED's etc are encryped, but every now and then half is unencrypted!

Eric

[JerryNone]

Ohio pretty much does it the same way some are encrypted but it seems that most aren't.

[toydriver_det]

Originally Posted by scanhoog

Isn't Michigan going to a statewide, digital, full-time encrypted system anyway? I read that 6 months ago, but can't confirm its veracity or timetable.

While the state may not be going encrypted Oakland County IS switching to "Opensky" which is for all intents NOT scanable by any product on the market right now. When all the cities in the county switch over (maybe years away) Oakland County will be dark except for any patches to the state system.
Toydriver

[Dubbin]

Originally Posted by toydriver_det

While the state may not be going encrypted Oakland County IS switching to "Opensky" which is for all intents NOT scanable by any product on the market right now. When all the cities in the county switch over (maybe years away) Oakland County will be dark except for any patches to the state system.
Toydriver

Makes me glad that I moved from Rochester Hills