HOUSE BILL No. 5499

 

 

January 31, 2018, Introduced by Rep. Lucido.

 

     A bill to amend 1965 PA 203, entitled

 

"Michigan commission on law enforcement standards act,"

 

by amending sections 9, 9b, 9c, and 9d (MCL 28.609, 28.609b,

 

28.609c, and 28.609d), as amended by 2017 PA 198.

 

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 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, if 1 or more of

 

the following occur:and may be reinstated, as follows:

 

     (a) A license is rendered lapsed 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 1 year.

 

     (ii) (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.

 

     (iii) (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.

 

     (iv) (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.

 

     (v) An individual leaves employment with the law enforcement

 

agency that reinstated the individual's license under subdivision

 

(b).

 

     (b) An employing law enforcement agency may reinstate a

 

license rendered lapsed under subdivision (a) if the chief law

 

enforcement officer of that law enforcement agency provides the

 

commission with written certification that the law enforcement


agency has a field training officer program and in-service training

 

that the individual is required to complete upon being hired. The

 

completion of the training required under this subdivision may not

 

be considered training under subsection (2)(a).

 

     (c) A license that has been reinstated under subdivision (b)

 

is valid for all purposes described in this act while the

 

individual is employed by the law enforcement agency that

 

reinstated the license.

 

     (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) Section 7403(2)(c) or 7404(2)(a), (b), or (c) of the

 

public health code, 1978 PA 368, MCL 333.7403 and 333.7404.

 

     (iii) Section 81(4) or 81a 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 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 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

 

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

 

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, if 1 or more of

 

the following occur:and may be reinstated, as follows:

 

     (a) A license is rendered lapsed 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 1 year.

 

     (ii) (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.

 

     (iii) (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.

 

     (iv) (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.

 

     (v) An individual leaves employment with the law enforcement

 

agency or other governmental agency that reinstated the


individual's license under subdivision (b).

 

     (b) An employing 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 reinstate a license

 

rendered lapsed under subdivision (a) if the chief law enforcement

 

officer of that law enforcement agency or other governmental agency

 

provides the commission with written certification that the law

 

enforcement agency or other governmental agency has a field

 

training officer program and in-service training that the

 

individual is required to complete upon being hired. The completion

 

of the training required under this subdivision may not be

 

considered training under subsection (2)(a).

 

     (c) A license that has been reinstated under subdivision (b)

 

is valid for all purposes described in this act while the

 

individual is employed by the law enforcement agency or other

 

governmental agency that reinstated the license.

 

     (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) Section 7403(2)(c) or 7404(2)(a), (b), or (c) of the

 

public health code, 1978 PA 368, MCL 333.7403 and 333.7404.

 

     (iii) Section 81(4) or 81a 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 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 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 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, if 1 or both of

 

the following occur:and may be reinstated, as follows:

 

     (a) A license is rendered lapsed if 1 or more of the following

 

occur:

 

     (i) 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.

 

     (ii) (b) The individual is subjected to a removal of the

 

authority conferred by the oath of office, rendering the license

 

lapsed.

 

     (iii) The individual leaves employment with the fire

 

department that reinstated the individual's license under

 

subdivision (b).

 

     (b) An employing fire department within a village, city,

 

township, or county of this state may reinstate a license rendered


lapsed under subdivision (a) if the chief of police for that

 

village, city, township, or county provides the commission with

 

written certification that the individual will complete a field

 

training officer program and in-service training upon being hired.

 

The completion of the training required under this subdivision may

 

not be considered training under subsection (2)(a).

 

     (c) A license that has been reinstated under subdivision (b)

 

is valid for all purposes described in this act while the

 

individual is employed by the fire department that reinstated the

 

license.

 

     (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) Section 7403(2)(c) or 7404(2)(a), (b), or (c) of the

 

public health code, 1978 PA 368, MCL 333.7403 and 333.7404.

 

     (iii) Section 81(4) or 81a 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 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 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, if 1 or both of

 

the following occur:and may be reinstated, as follows:

 

     (a) A license is rendered lapsed if 1 or more of the following

 

occur:

 

     (i) 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.

 

     (ii) (b) The private college security officer is subjected to

 

a removal of the authority conferred by the oath of office,


rendering the license lapsed.

 

     (iii) The private college security officer leaves employment

 

with the law enforcement agency that reinstated the individual's

 

license under subdivision (b).

 

     (b) An employing law enforcement agency may reinstate a

 

license rendered lapsed under subdivision (a) if the chief law

 

enforcement officer of that law enforcement agency provides the

 

commission with written certification that the law enforcement

 

agency has a field training officer program and in-service training

 

that the individual is required to complete upon being hired. The

 

completion of the training required under this subdivision may not

 

be considered training under subsection (3)(a).

 

     (c) A license that has been reinstated under subdivision (b)

 

is valid for all purposes described in this act while the

 

individual is employed by the law enforcement agency that

 

reinstated the license.

 

     (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) Section 7403(2)(c) or 7404(2)(a), (b), or (c) of the

 

public health code, 1978 PA 368, MCL 333.7403 and 333.7404.

 

     (iii) Section 81(4) or 81a 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 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.