Bill Text: MI SB0843 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Human services; other; inspector general within the department of human services to appoint agents with limited arrest powers and the powers conferred on peace officers; allow. Amends sec. 43b of 1939 PA 280 (MCL 400.43b).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2014-11-13 - Referred To Committee On Criminal Justice [SB0843 Detail]
Download: Michigan-2013-SB0843-Engrossed.html
SB-0843, As Passed Senate, November 13, 2014
SUBSTITUTE FOR
SENATE BILL NO. 843
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 43b (MCL 400.43b), as added by 2002 PA 573.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 43b. (1) An office of inspector general is established as
a
criminal justice agency in the family independence agency.
department. The primary duty of the inspector general is to
investigate cases of alleged fraud within the department. The
inspector general shall also perform the following activities:
(a) Investigate fraud, waste, and abuse in the programs
administered
by the family independence agency.department.
(b) Make referrals for prosecution and disposition of
appropriate cases as determined by the inspector general.
(c) Review administrative policies, practices, and procedures.
(d) Make recommendations to improve program integrity and
accountability.
(2) Except as provided in subsection (4), the director may
appoint agents with limited arrest powers for the enforcement of
programs administered by the department subject to penalty under
section 300a of the Michigan penal code, 1931 PA 328, MCL 750.300a.
The agents appointed under this section are benefit trafficking
unit agents of the department office of inspector general and have
all powers conferred upon peace officers for the purpose of
enforcing the general laws of this state as they pertain to
enforcement of this act. The director may authorize benefit
trafficking unit agents of the department office of inspector
general to carry a firearm. The director shall not appoint a person
under this subsection unless that person is trained in and has met
or exceeds the minimum standards for certification under the
commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616. This subsection does not require certification
under the commission on law enforcement standards act, 1965 PA 203,
MCL 28.601 to 28.616.
(3) Except as provided in subsection (4), in addition to the
limited arrest authority granted in subsection (2), an agent of the
office of inspector general, while on duty, may arrest a person
without a warrant if 1 or more of the following circumstances
exist:
(a) The agent has probable cause to believe that a felony has
been committed and probable cause to believe that the person
committed it.
(b) The agent has probable cause to believe a felony offense
for financial gain under section 159g(d) or 159g(e) of the Michigan
penal code, 1931 PA 328, MCL 750.159g, has been committed and
reasonable cause to believe that the person committed it.
(c) The agent has probable cause to believe that a felony
offense under section 300a of the Michigan penal code, 1931 PA 328,
MCL 750.300a, has been committed and probable cause to believe that
the person committed it.
(d) The agent has probable cause to believe that a felony
offense using a fraudulent device to obtain relief under section 60
has been committed and probable cause to believe that the person
committed it.
(e) The agent has received positive information by written,
telegraphic, teletypic, telephonic, radio, or other authoritative
source that a peace officer holds a warrant for the person's
arrest.
(4) Subsections (2) and (3) remain in effect as long as
federal statute provides authorization to the states for such
powers and duties under the agricultural act of 2014, PL 113-79 or
a successor federal statute.
