SENATE BILL No. 524
September 6, 2017, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1965 PA 203, entitled
"Michigan commission on law enforcement standards act,"
by amending sections 9, 9b, 9c, 9d, and 11 (MCL 28.609, 28.609b,
28.609c, 28.609d, and 28.611), as amended by 2016 PA 289.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. (1) This section applies to all law enforcement
officers except individuals to whom sections 9a, 9b, 9c, and 9d
apply. Employment of law enforcement officers to whom this section
applies is subject to the licensing requirements and procedures of
this section. An individual who seeks admission to a preservice
college basic law enforcement training academy or a regional basic
law enforcement training academy or the recognition of prior basic
law enforcement training and experience program for purposes of
licensure under this section shall submit to fingerprinting as
provided in section 11(3).
(2) The commission shall promulgate rules governing licensing
standards and procedures for individuals licensed under this
section. In promulgating the rules, the commission shall give
consideration to the varying factors and special requirements of
law enforcement agencies. Rules promulgated under this subsection
shall pertain to the following:
(a) Training requirements that may be met by completing either
of the following:
(i) Preenrollment requirements, courses of study, attendance
requirements, and instructional hours at an agency basic law
enforcement training academy, a preservice college basic law
enforcement training academy, or a regional basic law enforcement
training academy.
(ii) The recognition of prior basic law enforcement training
and experience program for granting a waiver from the licensing
standard specified in subparagraph (i).
(b) Proficiency on a licensing examination administered after
compliance with the licensing standard specified in subdivision
(a).
(c) Physical ability.
(d) Psychological fitness.
(e) Education.
(f) Reading and writing proficiency.
(g) Minimum age.
(h) Whether or not a valid operator's or chauffeur's license
is required for licensure.
(i) Character fitness, as determined by a background
investigation supported by a written authorization and release
executed by the individual for whom licensure is sought.
(j) Whether or not United States citizenship is required for
licensure.
(k) Employment as a law enforcement officer.
(l) The form and manner for execution of a written oath of
office by a law enforcement agency with whom the individual is
employed, and the content of the written oath conferring authority
to act with all of the law enforcement authority described in the
laws of this state under which the individual is employed.
(m) The ability to be licensed and employed as a law
enforcement officer under this section, without a restriction
otherwise imposed by law.
(3) The licensure process under this section shall comply with
must follow the following procedures:
(a) Before executing the oath of office, an employing law
enforcement agency verifies that the individual to whom the oath is
to be administered complies with licensing standards.
(b) A law enforcement agency employing an individual licensed
under this section authorizes the individual to exercise the law
enforcement authority described in the laws of this state under
which the individual is employed, by executing a written oath of
office.
(c) Not more than 10 calendar days after executing the oath of
office, the employing law enforcement agency shall attest in
writing to the commission that the individual to whom the oath was
administered satisfies the licensing standards by submitting an
executed affidavit and a copy of the executed oath of office.
(4) If, upon reviewing the executed affidavit and executed
oath of office, the commission determines that the individual
complies with the licensing standards, the commission shall grant
the individual a license.
(5) If, upon reviewing the executed affidavit and executed
oath of office, the commission determines that the individual does
not comply with the licensing standards, the commission may do any
of the following:
(a) Supervise the remediation of errors or omissions in the
affidavit and oath of office.
(b) Supervise the remediation of errors or omissions in the
screening, procedures, examinations, testing, and other means used
to verify compliance with the licensing standards.
(c) Supervise additional screening, procedures, examinations,
testing, and other means used to determine compliance with the
licensing standards.
(d) Deny the issuance of a license and inform the employing
law enforcement agency.
(6) Upon being informed that the commission has denied
issuance of a license, the employing law enforcement agency shall
promptly inform the individual whose licensure was denied.
(7) An individual denied a license under this section shall
not exercise the law enforcement authority described in the laws of
this state under which the individual is employed. This subsection
does not divest the individual of that authority until the
individual has been informed that his or her licensure was denied.
(8) A law enforcement agency that has administered an oath of
office to an individual under this section shall do all of the
following, with respect to that individual:
(a) Report to the commission all personnel transactions
affecting employment status in a manner prescribed in rules
promulgated by the commission.
(b) Report to the commission concerning any action taken by
the employing agency that removes the authority conferred by the
oath of office, or that restores the individual's authority to that
conferred by the oath of office, in a manner prescribed in rules
promulgated by the commission.
(c) Maintain an employment history record.
(d) Collect, verify, and maintain documentation establishing
that the individual complies with the licensing standards.
(9) An individual licensed under this section shall report all
of the following to the commission:
(a) Criminal charges for offenses for which that individual's
license may be revoked as described in this section, upon being
informed of such charges, in a manner prescribed in rules
promulgated by the commission.
(b) The imposition of a personal protection order against that
individual after a judicial hearing under section 2950 or 2950a of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and
600.2950a, or under the laws of any other jurisdiction, upon being
informed of the imposition of such an order, in a manner prescribed
in rules promulgated by the commission.
(10) A license issued under this section is rendered inactive,
and may be reactivated, as follows:
(a) A license is rendered inactive if 1 or more of the
following occur:
(i) An individual, having been employed as a law enforcement
officer for fewer than 2,080 hours in aggregate, is thereafter
continuously not employed as a law enforcement officer for less
than 1 year.
(ii) An individual, having been employed as a law enforcement
officer for fewer than 2,080 hours in aggregate, is thereafter
continuously subjected to a removal of the authority conferred by
the oath of office for less than 1 year.
(iii) An individual, having been employed as a law enforcement
officer for 2,080 hours or longer in aggregate, is thereafter
continuously not employed as a law enforcement officer for less
than 2 years.
(iv) An individual, having been employed as a law enforcement
officer for 2,080 hours or longer in aggregate, is continuously
subjected to a removal of the authority conferred by the oath of
office for less than 2 years.
(b) An employing law enforcement agency may reactivate a
license rendered inactive by complying with the licensure
procedures described in subsection (3), excluding verification of
and attestation to compliance with the licensing standards
described in subsection (2)(a) to (g).
(c) A license that has been reactivated under this section is
valid for all purposes described in this act.
(11) A license issued under this section is rendered lapsed,
without barring further licensure under this act, as follows:if 1
or more of the following occur:
(a) An individual, having been employed as a law enforcement
officer for fewer than 2,080 hours in aggregate, is thereafter
continuously not employed as a law enforcement officer for 1 year.
(b) An individual, having been employed as a law enforcement
officer for fewer than 2,080 hours in aggregate, is thereafter
continuously subjected to a removal of the authority conferred by
the oath of office for 1 year.
(c) An individual, having been employed as a law enforcement
officer for 2,080 hours or longer in aggregate, is thereafter
continuously not employed as a law enforcement officer for 2 years.
(d) An individual, having been employed as a law enforcement
officer for 2,080 hours or longer in aggregate, is continuously
subjected to a removal of the authority conferred by the oath of
office for 2 years.
(12) The commission shall revoke a license granted under this
section for any of the following circumstances and shall promulgate
rules governing revocations under this subsection:
(a) The individual obtained the license by making a materially
false oral or written statement or committing fraud in an
affidavit, disclosure, or application to a law enforcement training
academy, the commission, or a law enforcement agency at any stage
of recruitment, selection, appointment, enrollment, training, or
licensure application.
(b) The individual obtained the license because another
individual made a materially false oral or written statement or
committed fraud in an affidavit, disclosure, or application to a
law enforcement training academy, the commission, or a law
enforcement agency at any stage of recruitment, selection,
appointment, enrollment, training, or licensure application.
(c) The individual has been subjected to an adjudication of
guilt for a violation or attempted violation of a penal law of this
state or another jurisdiction that is punishable by imprisonment
for more than 1 year.
(d) The individual has been subjected to an adjudication of
guilt for violation or attempted violation of 1 or more of the
following penal laws of this state or laws of another jurisdiction
substantially corresponding to the penal laws of this state:
(i) Section 625(1) or (8) of the Michigan vehicle code, 1949
PA 300, MCL 257.625, if the individual has a prior conviction, as
that term is defined in section 625(25)(b) of the Michigan vehicle
code, 1949 PA 300, MCL 257.625, that occurred within 7 years of the
adjudication as described in section 625(9)(b) of the Michigan
vehicle code, 1949 PA 300, MCL 257.625.
(ii) Sections Section 7403(2)(c) and or 7404(2)(a), (b), and
or (c) of the public health code, 1978 PA 368, MCL 333.7403 and
333.7404.
(iii) Sections Section 81(4) and or 81a and or a misdemeanor
violation of section 411h of the Michigan penal code, 1931 PA 328,
MCL 750.81, 750.81a, and 750.411h.
(13) The following procedures and requirements apply to
license revocation under this section:
(a) The commission shall initiate license revocation
proceedings, including, but not limited to, the issuance of an
order of summary suspension and notice of intent to revoke, upon
obtaining notice of facts warranting license revocation.
(b) A hearing for license revocation shall must be conducted
as a contested case under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328.
(c) In lieu of participating in a contested case, an
individual may voluntarily and permanently relinquish his or her
law enforcement officer license by executing before a notary public
an affidavit of license relinquishment prescribed by the
commission.
(d) The commission need not delay or abate license revocation
proceedings based on an adjudication of guilt if an appeal is taken
from the adjudication of guilt.
(e) If the commission issues a final decision or order to
revoke a license, that decision or order is subject to judicial
review as provided in the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328. A summary suspension described
in this section is not a final decision or order for purposes of
judicial review.
(14) An individual licensed under this section shall not
exercise the law enforcement authority described in the laws of
this state under which the individual is employed if any of the
following occur:
(a) The individual's license is rendered void by a court order
or other operation of law.
(b) The individual's license is revoked.
(c) The individual's license is rendered inactive.
(d) The individual's license is rendered lapsed.
Sec. 9b. (1) This section applies only to individuals who are
employed as Michigan tribal law enforcement officers in this state
and are subject to a written instrument authorizing them to enforce
the laws of this state. Conferring authority to enforce the laws of
this state to law enforcement officers to whom this section applies
is subject to the licensing requirements and procedures of this
section. An individual who seeks admission to a preservice college
basic law enforcement training academy or a regional basic law
enforcement training academy or the recognition of prior basic law
enforcement training and experience program for purposes of
licensure under this section shall submit to fingerprinting as
provided in section 11(3).
(2) The commission shall promulgate rules governing licensing
standards and procedures, pertaining to the following:
(a) Training requirements that may be met by completing either
of the following:
(i) Preenrollment requirements, courses of study, attendance
requirements, and instructional hours at an agency basic law
enforcement training academy, a preservice college basic law
enforcement training academy, or a regional basic law enforcement
training academy.
(ii) The recognition of prior basic law enforcement training
and experience program for granting a waiver from the licensing
standard specified in subparagraph (i).
(b) Proficiency on a licensing examination administered after
compliance with the licensing standard specified in subdivision
(a).
(c) Physical ability.
(d) Psychological fitness.
(e) Education.
(f) Reading and writing proficiency.
(g) Minimum age.
(h) Whether or not a valid operator's or chauffeur's license
is required for licensure.
(i) Character fitness, as determined by a background
investigation supported by a written authorization and release
executed by the individual for whom licensure is sought.
(j) Whether or not United States citizenship is required for
licensure.
(k) Employment as a Michigan tribal law enforcement officer.
(l) The form and manner for execution of a written instrument
conferring authority upon the individual to enforce the laws of
this state, consisting of any of the following:
(i) Deputation by a sheriff of this state, conferring
authority upon the individual to enforce the laws of this state.
(ii) Appointment as a law enforcement officer by a law
enforcement agency, conferring authority upon the individual to
enforce the laws of this state.
(iii) Execution of a written agreement between the Michigan
tribal law enforcement agency with whom the individual is employed
and a law enforcement agency, conferring authority upon the
individual to enforce the laws of this state.
(iv) Execution of a written agreement between this state, or a
subdivision of this state, and the United States, conferring
authority upon the individual to enforce the laws of this state.
(m) The ability to be licensed and employed as a law
enforcement officer under this section, without a restriction
otherwise imposed by law.
(3) The licensure process under this section shall comply with
must follow the following procedures:
(a) A law enforcement agency or other governmental agency
conferring authority upon a Michigan tribal law enforcement officer
as provided in this section shall confer the authority to enforce
the laws of this state by executing a written instrument as
provided in this section.
(b) Before executing the written instrument, a law enforcement
agency or other governmental agency shall verify that the
individual complies with the licensing standards.
(c) Not more than 10 calendar days after the effective date of
the written instrument, the law enforcement agency or other
governmental agency executing the written instrument shall attest
in writing to the commission that the individual to whom the
authority was conferred satisfies the licensing standards, by
submitting an executed affidavit and a copy of the written
instrument.
(4) If, upon reviewing the executed affidavit and the written
instrument, the commission determines that the individual complies
with the licensing standards, the commission shall grant the
individual a license.
(5) If, upon reviewing the executed affidavit and the written
instrument, the commission determines that the individual does not
comply with the licensing standards, the commission may do any of
the following:
(a) Supervise the remediation of errors or omissions in the
affidavit and oath of office.
(b) Supervise the remediation of errors or omissions in the
screening, procedures, examinations, testing, and other means used
to verify compliance with the licensing standards.
(c) Supervise additional screening, procedures, examinations,
testing, and other means used to determine compliance with the
licensing standards.
(d) Deny the issuance of a license and inform the law
enforcement agency or other governmental agency conferring
authority to enforce the laws of this state upon an individual to
whom this section applies.
(6) Upon being informed that the commission has denied
issuance of a license, a law enforcement agency or other
governmental agency conferring authority to enforce the laws of
this state upon an individual to whom this section applies shall
promptly inform the individual denied.
(7) An individual denied a license under this section shall
not exercise the law enforcement authority described in a written
instrument conferring authority upon the individual to enforce the
laws of this state. This subsection does not divest the individual
of that authority until the individual has been informed that his
or her license was denied.
(8) A written instrument conferring authority to enforce the
laws of this state upon an individual to whom this section applies
shall must include the following:
(a) A requirement that the employing Michigan tribal law
enforcement agency report to the commission all personnel
transactions affecting employment status in a manner prescribed in
rules promulgated by the commission.
(b) A requirement that the employing Michigan tribal law
enforcement agency report to the commission concerning any action
it takes that removes the authority conferred by the written
instrument conferring authority upon the individual to enforce the
laws of this state or that restores the individual's authority to
that conferred by the written instrument, in a manner prescribed in
rules promulgated by the commission.
(c) A requirement that the employing Michigan tribal law
enforcement agency maintain an employment history record.
(d) A requirement that the employing Michigan tribal law
enforcement agency collect, verify, and maintain documentation
establishing that the individual complies with the applicable
licensing standards.
(9) A written instrument conferring authority to enforce the
laws of this state upon an individual to whom this section applies
shall must include a requirement that the employing Michigan tribal
law enforcement agency report the following regarding an individual
licensed under this section:
(a) Criminal charges for offenses for which that individual's
license may be revoked as described in this section, upon being
informed of such charges, in a manner prescribed in rules
promulgated by the commission.
(b) The imposition of a personal protection order against that
individual after a judicial hearing under section 2950 or 2950a of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and
600.2950a, or under the laws of any other jurisdiction, upon being
informed of the imposition of such an order, in a manner prescribed
in rules promulgated by the commission.
(10) A license issued under this section is rendered inactive,
and may be reactivated, as follows:
(a) A license is rendered inactive if 1 or more of the
following occur:
(i) An individual, having been employed as a law enforcement
officer in aggregate for less than 2,080 hours, is thereafter
continuously not employed as a law enforcement officer for less
than 1 year.
(ii) An individual, having been employed as a law enforcement
officer in aggregate for less than 2,080 hours, is thereafter
continuously subjected to a removal of the authority conferred by
the written instrument authorizing the individual to enforce the
laws of this state for less than 1 year.
(iii) An individual, having been employed as a law enforcement
officer in aggregate for 2,080 hours or longer, is thereafter
continuously not employed as a law enforcement officer for less
than 2 years.
(iv) An individual, having been employed as a law enforcement
officer in aggregate for 2,080 hours or longer, is continuously
subjected to a removal of the authority conferred by the written
instrument authorizing the individual to enforce the laws of this
state for less than 2 years.
(b) A law enforcement agency or other governmental agency
conferring authority to enforce the laws of this state upon an
individual to whom this section applies may reactivate a license
rendered inactive by complying with the licensure procedures
described in subsection (3), excluding verification of and
attestation to compliance with the licensing standards described in
subsection (2)(a) to (g).
(c) A license that has been reactivated under this section is
valid for all purposes described in this act.
(11) A license issued under this section is rendered lapsed,
without barring further licensure under this act, as follows:if 1
or more of the following occur:
(a) An individual, having been employed as a law enforcement
officer in aggregate for less than 2,080 hours, is thereafter
continuously not employed as a law enforcement officer for 1 year.
(b) An individual, having been employed as a law enforcement
officer in aggregate for less than 2,080 hours, is thereafter
continuously subjected to a removal of the authority conferred by
the written instrument authorizing the individual to enforce the
laws of this state for 1 year.
(c) An individual, having been employed as a law enforcement
officer in aggregate for 2,080 hours or longer, is thereafter
continuously not employed as a law enforcement officer for 2 years.
(d) An individual, having been employed as a law enforcement
officer in aggregate for 2,080 hours or longer, is continuously
subjected to a removal of the authority conferred by the written
instrument authorizing the individual to enforce the laws of this
state for 2 years.
(12) The commission shall revoke a license granted under this
section for any of the following circumstances and shall promulgate
rules governing these revocations under this section:
(a) The individual obtained the license by making a materially
false oral or written statement or committing fraud in an
affidavit, disclosure, or application to a law enforcement training
academy, the commission, or a law enforcement agency at any stage
of recruitment, selection, appointment, enrollment, training, or
licensure application.
(b) The individual obtained the license because another
individual made a materially false oral or written statement or
committed fraud in an affidavit, disclosure, or application to a
law enforcement training academy, the commission, or a law
enforcement agency at any stage of recruitment, selection,
appointment, enrollment, training, or licensure application.
(c) The individual has been subjected to an adjudication of
guilt for a violation or attempted violation of a penal law of this
state or another jurisdiction that is punishable by imprisonment
for more than 1 year.
(d) The individual has been subjected to an adjudication of
guilt for violation or attempted violation of 1 or more of the
following penal laws of this state or laws of another jurisdiction
substantially corresponding to the penal laws of this state:
(i) Section 625(1) or (8) of the Michigan vehicle code, 1949
PA 300, MCL 257.625, if the individual has a prior conviction, as
that term is defined in section 625(25)(b) of the Michigan vehicle
code, 1949 PA 300, MCL 257.625, that occurred within 7 years of the
adjudication as described in section 625(9)(b) of the Michigan
vehicle code, 1949 PA 300, MCL 257.625.
(ii) Sections Section 7403(2)(c) and or 7404(2)(a), (b), and
or (c) of the public health code, 1978 PA 368, MCL 333.7403 and
333.7404.
(iii) Sections Section 81(4) and or 81a and or a misdemeanor
violation of section 411h of the Michigan penal code, 1931 PA 328,
MCL 750.81, 750.81a, and 750.411h.
(13) The following procedures and requirements apply to
license revocation under this section:
(a) The commission shall initiate license revocation
proceedings, including, but not limited to, the issuance of an
order of summary suspension and notice of intent to revoke, upon
obtaining notice of facts warranting license revocation.
(b) A hearing for license revocation shall must be conducted
as a contested case under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328.
(c) In lieu of participating in a contested case, an
individual may voluntarily and permanently relinquish his or her
law enforcement officer license by executing before a notary public
an affidavit of license relinquishment prescribed by the
commission.
(d) The commission need not delay or abate license revocation
proceedings based on an adjudication of guilt if an appeal is taken
from the adjudication of guilt.
(e) If the commission issues a final decision or order to
revoke a license, that decision or order is subject to judicial
review as provided in the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328. A summary suspension described
in this section is not a final decision or order for purposes of
judicial review.
(14) An individual licensed under this section shall not
exercise the law enforcement authority described in a written
instrument conferring authority upon the individual to enforce the
laws of this state if any of the following occur:
(a) The individual's license is rendered void by a court order
or other operation of law.
(b) The individual's license is revoked.
(c) The individual's license is rendered inactive.
(d) The individual's license is rendered lapsed.
Sec. 9c. (1) This section applies only to individuals who are
employed as fire arson investigators from fire departments within
villages, cities, townships, or counties in this state, who are
sworn and fully empowered by the chiefs of police of those
villages, cities, townships, or counties. Conferring authority to
enforce the laws of this state to law enforcement officers to whom
this section applies is subject to the licensing requirements and
procedures of this section. An individual who seeks admission to a
preservice college basic law enforcement training academy or a
regional basic law enforcement training academy or the recognition
of prior basic law enforcement training and experience program for
purposes of licensure under this section shall submit to
fingerprinting as provided in section 11(3).
(2) The commission shall promulgate rules governing licensing
standards and procedures, pertaining to the following:
(a) Training requirements that may be met by completing either
of the following:
(i) Preenrollment requirements, courses of study, attendance
requirements, and instructional hours at an agency basic law
enforcement training academy, a preservice college basic law
enforcement training academy, or a regional basic law enforcement
training academy.
(ii) The recognition of prior basic law enforcement training
and experience program for granting a waiver from the licensing
standard specified in subparagraph (i).
(b) Proficiency on a licensing examination administered after
compliance with the licensing standard specified in subdivision
(a).
(c) Physical ability.
(d) Psychological fitness.
(e) Education.
(f) Reading and writing proficiency.
(g) Minimum age.
(h) Whether or not a valid operator's or chauffeur's license
is required for licensure.
(i) Character fitness, as determined by a background
investigation supported by a written authorization and release
executed by the individual for whom licensure is sought.
(j) Whether or not United States citizenship is required for
licensure.
(k) Employment as a fire arson investigator from a fire
department within a village, city, township, or county in this
state, who is sworn and fully empowered by the chief of police of
that village, city, township, or county.
(l) The form and manner for execution of a written oath of
office by the chief of police of a village, city, township, or
county law enforcement agency, and the content of the written oath
conferring authority to enforce the laws of this state.
(m) The ability to be licensed and employed as a law
enforcement officer under this section, without a restriction
otherwise imposed by law.
(3) The licensure process under this section shall comply with
must follow the following procedures:
(a) Before executing the oath of office, the chief of police
shall verify that the individual to whom the oath is to be
administered complies with the licensing standards.
(b) The chief of police shall execute an oath of office
authorizing the individual to enforce the laws of this state.
(c) Not more than 10 calendar days after executing the oath of
office, the chief of police shall attest in writing to the
commission that the individual to whom the oath was administered
satisfies the licensing standards by submitting an executed
affidavit and a copy of the executed oath of office.
(4) If, upon reviewing the executed affidavit and executed
oath of office, the commission determines that the individual
complies with the licensing standards, the commission shall grant
the individual a license.
(5) If, upon reviewing the executed affidavit and executed
oath of office, the commission determines that the individual does
not comply with the licensing standards, the commission may do any
of the following:
(a) Supervise the remediation of errors or omissions in the
affidavit and oath of office.
(b) Supervise the remediation of errors or omissions in the
screening, procedures, examinations, testing, and other means used
to verify compliance with the licensing standards.
(c) Supervise additional screening, procedures, examinations,
testing, and other means used to determine compliance with the
licensing standards.
(d) Deny the issuance of a license and inform the chief of
police.
(6) Upon being informed that the commission has denied
issuance of a license, the chief of police shall promptly inform
the individual whose licensure was denied.
(7) An individual denied a license under this section shall
not exercise the law enforcement authority described in the oath of
office. This subsection does not divest the individual of that
authority until the individual has been informed that his or her
license was denied.
(8) A chief of police that who has administered an oath of
office to an individual under this section shall do all of the
following, with respect to that individual:
(a) Report to the commission all personnel transactions
affecting employment status in a manner prescribed in rules
promulgated by the commission.
(b) Report to the commission concerning any action taken by
the chief of police that removes the authority conferred by the
oath of office, or that restores the individual's authority to that
conferred by the oath of office, in a manner prescribed in rules
promulgated by the commission.
(c) Maintain an employment history record.
(d) Collect, verify, and maintain documentation establishing
that the individual complies with the applicable licensing
standards.
(9) An individual licensed under this section shall report all
of the following to the commission:
(a) Criminal charges for offenses for which that individual's
license may be revoked as described in this section, upon being
informed of such charges, in a manner prescribed in rules
promulgated by the commission.
(b) Imposition of a personal protection order against that
individual after a judicial hearing under section 2950 or 2950a of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and
600.2950a, or under the laws of any other jurisdiction, upon being
informed of the imposition of such an order, in a manner prescribed
in rules promulgated by the commission.
(10) A license issued under this section is rendered lapsed,
without barring further licensure under this act, as follows:if 1
or both of the following occur:
(a) The individual is no longer employed as a fire arson
investigator from a fire department within a village, city,
township, or county in this state, who is sworn and fully empowered
by the chief of police of that village, city, township, or county,
rendering the license lapsed.
(b) The individual is subjected to a removal of the authority
conferred by the oath of office, rendering the license lapsed.
(11) The commission shall revoke a license granted under this
section for any of the following circumstances and shall promulgate
rules governing these revocations under this subsection:
(a) The individual obtained the license by making a materially
false oral or written statement or committing fraud in an
affidavit, disclosure, or application to a law enforcement training
academy, the commission, or a law enforcement agency at any stage
of recruitment, selection, appointment, enrollment, training, or
licensure application.
(b) The individual obtained the license because another
individual made a materially false oral or written statement or
committed fraud in an affidavit, disclosure, or application to a
law enforcement training academy, the commission, or a law
enforcement agency at any stage of recruitment, selection,
appointment, enrollment, training, or licensure application.
(c) The individual has been subjected to an adjudication of
guilt for a violation or attempted violation of a penal law of this
state or another jurisdiction that is punishable by imprisonment
for more than 1 year.
(d) The individual has been subjected to an adjudication of
guilt for violation or attempted violation of 1 or more of the
following penal laws of this state or laws of another jurisdiction
substantially corresponding to the penal laws of this state:
(i) Section 625(1) or (8) of the Michigan vehicle code, 1949
PA 300, MCL 257.625, if the individual has a prior conviction, as
that term is defined in section 625(25)(b) of the Michigan vehicle
code, 1949 PA 300, MCL 257.625, that occurred within 7 years of the
adjudication as described in section 625(9)(b) of the Michigan
vehicle code, 1949 PA 300, MCL 257.625.
(ii) Sections Section 7403(2)(c) and or 7404(2)(a), (b), and
or (c) of the public health code, 1978 PA 368, MCL 333.7403 and
333.7404.
(iii) Sections Section 81(4) and or 81a and or a misdemeanor
violation of section 411h of the Michigan penal code, 1931 PA 328,
MCL 750.81, 750.81a, and 750.411h.
(12) The following procedures and requirements apply to
license revocation under this section:
(a) The commission shall initiate license revocation
proceedings, including, but not limited to, issuance of an order of
summary suspension and notice of intent to revoke, upon obtaining
notice of facts warranting license revocation.
(b) A hearing for license revocation shall must be conducted
as a contested case under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328.
(c) In lieu of participating in a contested case, an
individual may voluntarily and permanently relinquish his or her
law enforcement officer license by executing before a notary public
an affidavit of license relinquishment prescribed by the
commission.
(d) The commission need not delay or abate license revocation
proceedings based on an adjudication of guilt if an appeal is taken
from the adjudication of guilt.
(e) If the commission issues a final decision or order to
revoke a license, that decision or order is subject to judicial
review as provided in the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328. A summary suspension described
in this section is not a final decision or order for purposes of
judicial review.
(13) An individual licensed under this section shall not
exercise the law enforcement authority described in the oath of
office if any of the following occur:
(a) The individual's license is rendered void by a court order
or other operation of law.
(b) The individual's license is revoked.
(c) The individual's license is rendered lapsed.
Sec. 9d. (1) This section applies only to individuals who meet
all of the following conditions:
(a) Are employed as private college security officers under
section 37 of the private security business and security alarm act,
1968 PA 330, MCL 338.1087.
(b) Seek licensure under this act.
(c) Are sworn and fully empowered by a chief of police of a
village, city, or township law enforcement agency, or are deputized
by a county sheriff as a deputy sheriff, excluding deputation as a
special deputy.
(2) The authority to enforce the laws of this state of private
college security officers to whom this section applies is subject
to the licensing requirements and procedures of this section. An
individual who seeks admission to a preservice college basic law
enforcement training academy or a regional basic law enforcement
training academy or the recognition of prior basic law enforcement
training and experience program for purposes of licensure under
this section shall submit to fingerprinting as provided in section
11(3).
(3) The commission shall promulgate rules governing licensing
standards and procedures, pertaining to the following:
(a) Training requirements that may be met by completing either
of the following:
(i) Preenrollment requirements, courses of study, attendance
requirements, and instructional hours at an agency basic law
enforcement training academy, a preservice college basic law
enforcement training academy, or a regional basic law enforcement
training academy.
(ii) The recognition of prior basic law enforcement training
and experience program for granting a waiver from the licensing
standard specified in subparagraph (i).
(b) Proficiency on a licensing examination administered after
compliance with the licensing standard specified in subdivision
(a).
(c) Physical ability.
(d) Psychological fitness.
(e) Education.
(f) Reading and writing proficiency.
(g) Minimum age.
(h) Whether or not a valid operator's or chauffeur's license
is required for licensure.
(i) Character fitness, as determined by a background
investigation supported by a written authorization and release
executed by the individual for whom licensure is sought.
(j) Whether or not United States citizenship is required for
licensure.
(k) Employment as a private college security officer as
defined in section 37 of the private security business and security
alarm act, 1968 PA 330, MCL 338.1087, who is sworn and fully
empowered by the chief of police of a village, city, or township
law enforcement agency, or deputized by a county sheriff as a
deputy sheriff, excluding deputation as a special deputy.
(l) The form and manner for execution of a written oath of
office by the chief of police of a village, city, or township law
enforcement agency, or by a county sheriff, and the content of the
written oath conferring the authority to enforce the general
criminal laws of this state.
(m) The ability to be licensed and employed as a law
enforcement officer under this section, without a restriction
otherwise imposed by law.
(4) The licensure process under this section shall comply with
must follow the following procedures:
(a) Before executing the oath of office, the chief of police
of a village, city, or township law enforcement agency or the
county sheriff shall verify that the private college security
officer to whom the oath is administered complies with the
licensing standards.
(b) The chief of police of a village, city, or township law
enforcement agency or the county sheriff shall execute an oath of
office authorizing the private college security officer to enforce
the general criminal laws of this state.
(c) Not more than 10 calendar days after executing the oath of
office, the chief of police of a village, city, or township law
enforcement agency or the county sheriff shall attest in writing to
the commission that the private college security officer to whom
the oath was administered satisfies the licensing standards by
submitting an executed affidavit and a copy of the executed oath of
office.
(5) If upon reviewing the executed affidavit and oath of
office the commission determines that the private college security
officer complies with the licensing standards, the commission shall
grant the private college security officer a license.
(6) If upon reviewing the executed affidavit and oath of
office the commission determines that the private college security
officer does not comply with the licensing standards, the
commission may do any of the following:
(a) Supervise remediation of errors or omissions in the
affidavit or oath of office.
(b) Supervise the remediation of errors or omissions in the
screening, procedures, examinations, testing, and other means used
to verify compliance with the licensing standards.
(c) Supervise additional screening, procedures, examinations,
testing, and other means used to determine compliance with the
licensing standards.
(d) Deny the issuance of a license and inform the chief of
police of a village, city, or township law enforcement agency or
the county sheriff of the denial.
(7) Upon being informed that the commission has denied
issuance of a license, the chief of police of a village, city, or
township law enforcement agency or the county sheriff shall
promptly inform the private college security officer seeking
licensure that he or she has been denied issuance of a license
under this section.
(8) A private college security officer denied a license under
this section may not exercise the law enforcement authority
described in the oath of office. This subsection does not divest
the private college security officer of that authority until the
private college security officer has been informed that his or her
licensure was denied.
(9) A chief of police of a village, city, or township law
enforcement agency or a county sheriff who has administered an oath
of office to a private college security officer under this section
shall, with respect to that private college security officer, do
all of the following:
(a) Report to the commission concerning all personnel
transactions affecting employment status, in a manner prescribed in
rules promulgated by the commission.
(b) Report to the commission concerning any action taken by
the chief of police of a village, city, or township law enforcement
agency or the county sheriff that removes the authority conferred
by the oath of office or that restores the private college security
officer's authority conferred by the oath of office, in a manner
prescribed in rules promulgated by the commission.
(c) Maintain an employment history record.
(d) Collect, verify, and maintain documentation establishing
that the private college security officer complies with the
applicable licensing standards.
(10) If a private college or university appoints an individual
as a private college security officer under section 37 of the
private security business and security alarm act, 1968 PA 330, MCL
338.1087, and the private college security officer is licensed
under this section, the private college or university, with respect
to the private college security officer, shall do all of the
following:
(a) Report to the commission all personnel transactions
affecting employment status in a manner prescribed in rules
promulgated by the commission.
(b) Report to the chief of police of a village, city, or
township law enforcement agency or the county sheriff who
administered the oath of office to that private college security
officer all personnel transactions affecting employment status, in
a manner prescribed in rules promulgated by the commission.
(11) A private college security officer licensed under this
section shall report all of the following to the commission:
(a) Criminal charges for offenses for which the private
college security officer's license may be revoked as described in
this section upon being informed of such charges and in a manner
prescribed in rules promulgated by the commission.
(b) The imposition of a personal protection order against the
private college security officer after a judicial hearing under
section 2950 or 2950a of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950 and 600.2950a, or under the law of any other
jurisdiction, upon being informed of the imposition of such an
order, in a manner prescribed in rules promulgated by the
commission.
(12) A license granted under this section is rendered lapsed,
without barring further licensure under this act, as follows:if 1
or both of the following occur:
(a) The private college security officer is no longer employed
as a private college security officer appointed under section 37 of
the private security business and security alarm act, 1968 PA 330,
MCL 338.1087, who is sworn and fully empowered by the chief of
police of a village, city, or township law enforcement agency, or
deputized by a county sheriff as a deputy sheriff, excluding
deputation as a special deputy, rendering the license lapsed.
(b) The private college security officer is subjected to a
removal of the authority conferred by the oath of office, rendering
the license lapsed.
(13) The commission shall revoke a license granted under this
section for any of the following and shall promulgate rules
governing these revocations:
(a) The private college security officer obtained the license
by making a materially false oral or written statement or
committing fraud in the affidavit, disclosure, or application to a
law enforcement training academy, the commission, or a law
enforcement agency at any stage of recruitment, selection,
appointment, enrollment, training, or licensure application.
(b) The private college security officer obtained the license
because another person made a materially false oral or written
statement or committed fraud in the affidavit, disclosure, or
application to a law enforcement training academy, the commission,
or a law enforcement agency at any stage of recruitment, selection,
appointment, enrollment, training, or licensure application.
(c) The private college security officer has been subjected to
an adjudication of guilt for a violation or attempted violation of
a penal law of this state or another jurisdiction that is
punishable by imprisonment for more than 1 year.
(d) The private college security officer has been subjected to
an adjudication of guilt for a violation or attempted violation of
1 or more of the following penal laws of this state or another
jurisdiction substantially corresponding to the penal laws of this
state:
(i) Section 625(1) or (8) of the Michigan vehicle code, 1949
PA 300, MCL 257.625, if the individual has a prior conviction, as
that term is defined in section 625(25)(b) of the Michigan vehicle
code, 1949 PA 300, MCL 257.625, that occurred within 7 years of the
adjudication as described in section 625(9)(b) of the Michigan
vehicle code, 1949 PA 300, MCL 257.625.
(ii) Sections Section 7403(2)(c) and or 7404(2)(a), (b), and
or (c) of the public health code, 1978 PA 368, MCL 333.7403 and
333.7404.
(iii) Sections Section 81(4) and or 81a and or a misdemeanor
violation of section 411h of the Michigan penal code, 1931 PA 328,
MCL 750.81, 750.81a, and 750.411h.
(14) The following procedures and requirements apply to
license revocation under this section:
(a) The commission shall initiate license revocation
proceedings, including, but not limited to, the issuance of an
order for summary suspension and notice of intent to revoke a
license upon obtaining notice of facts warranting license
revocation.
(b) A hearing for license revocation shall must be conducted
as a contested case under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328.
(c) In lieu of participating in a contested case, a private
security college officer may voluntarily and permanently relinquish
his or her law enforcement officer license under this section by
executing before a notary public an affidavit of license
relinquishment as prescribed by the commission.
(d) The commission need not delay or abate license revocation
proceedings based on an adjudication of guilt if an appeal is taken
from the adjudication of guilt.
(e) If the commission issues a final decision or order to
revoke a license, that decision or order is subject to judicial
review as provided in the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328. A summary suspension described
in this section is not a final decision or order for purposes of
judicial review.
(15) A private college security officer licensed under this
section shall not exercise the law enforcement authority described
in the oath of office he or she executed if any of the following
occur:
(a) The private college security officer's license is rendered
void by a court order or other operation of law.
(b) The private college security officer's license is revoked.
(c) The private college security officer's license is rendered
lapsed.
Sec. 11. (1) The commission may do 1 or more of the following:
(a) Enter into agreements with colleges, universities,
governmental agencies, and private entities to carry out the intent
of this act.
(b) Issue certificates of approval to agency basic law
enforcement training academies, preservice college basic law
enforcement training academies, and regional basic law enforcement
training academies.
(c) Authorize issuance of certificates of graduation or
diplomas by agency basic law enforcement training academies,
preservice college basic law enforcement training academies, and
regional basic law enforcement training academies to students who
have satisfactorily completed minimum courses of study.
(d) Cooperate with state, federal, and local agencies to
approve programs of in-service instruction and training of law
enforcement officers of this state and of cities, counties,
townships, and villages.
(e) Make recommendations to the legislature on matters
pertaining to qualification and training of law enforcement
officers.
(f) Require a licensing examination.
(g) Establish a recognition of prior basic law enforcement
training and experience program.
(h) Establish and charge a fee to recover the cost of
screening, enrolling, evaluating, and testing individuals who are
not employed by a law enforcement agency, that shall which must be
deposited in the law enforcement officers training fund created in
this section.
(i) Establish and charge a fee to recover the cost of issuing
licenses to persons licensed under this act, that shall which must
be deposited in the law enforcement officers training fund created
in this section.
(2) The commission may promulgate rules with respect to any of
the following:
(a) In-service training programs and minimum courses of study
and attendance requirements for licensed law enforcement officers.
(b) The establishment and approval of agency basic law
enforcement training academies, preservice college basic law
enforcement training academies, and regional basic law enforcement
training academies.
(c) The minimum qualifications for instructors for approved
agency basic law enforcement training academies, preservice college
basic law enforcement training academies, and regional basic law
enforcement training academies.
(d) The minimum facilities and equipment for agency basic law
enforcement training academies, preservice college basic law
enforcement training academies, and regional basic law enforcement
training academies.
(e) Minimum standards and procedures for reserve officers.
(3) The commission shall require an individual seeking
admission to a preservice college basic law enforcement training
academy or a regional basic law enforcement training academy or the
recognition of prior basic law enforcement training and experience
program to submit his or her fingerprints to the department of
state police for the purpose of conducting a criminal history
record information check. The department of state police may charge
a fee for conducting a criminal history record information check.
The individual shall submit his or her fingerprints to the
department of state police in a manner prescribed by the department
of state police.
(4) The department of state police shall conduct a criminal
history record information check on each individual described under
subsection (3) through its own records and through the Federal
Bureau of Investigation. After the completion of each criminal
history record information check, the department of state police
shall provide the criminal history record information to the
commission.
(5) The department of state police shall store and retain
fingerprints submitted under this section in an automated
fingerprint identification system that provides for an automatic
notification if subsequent criminal history record information
matches fingerprints previously submitted under this section. Upon
receiving a notification under this subsection, the department of
state police shall forward that notification to the commission.
(6) The department of state police shall forward the
fingerprints submitted under this section to the Federal Bureau of
Investigation to be retained in the Federal Bureau of
Investigation's next generation identification system and
integrated automated fingerprint identification system that
provides for automatic notification if subsequent criminal history
record information matches fingerprints previously submitted to the
Federal Bureau of Investigation under this subsection. Upon
receiving a notification from the Federal Bureau of Investigation
under this subsection, the department of state police shall forward
that notification to the commission. The fingerprints retained
under this subsection may be searched by using future submissions
to those systems, including, but not limited to, latent fingerprint
searches, with appropriate responses sent to the submitting and
subscribing entities. This subsection does not apply unless the
department of state police is capable of participating in the
Federal Bureau of Investigation's next generation identification
system and integrated automated fingerprint identification system.
(7) (3) The law enforcement officers training fund is created
within the state treasury.
(8) (4) The state treasurer may receive money or other assets
from any source for deposit into the fund. The state treasurer
shall direct investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
(9) (5) Money in the fund at the close of the fiscal year
shall remain in the fund, shall not lapse into the general fund,
and may be used by the commission, upon appropriation, in future
fiscal years as prescribed in this section.
(10) (6) The commission shall be the administrator of the fund
for auditing purposes.
(11) (7) The commission shall expend money from the fund, upon
appropriation, to carry out its responsibilities under this act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.