Bill Text: MI SB0411 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Law enforcement; other; Michigan commission on law enforcement standards (MCOLES); create, and provide for powers and duties of that commission. Amends secs. 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 9d, 10, 11, 13, 14 & 15 of 1965 PA 203 (MCL 28.601 et seq.); adds secs. 16a, 16b & 16c & repeals secs. 4 & 16 of 1982 PA 302 (MCL 28.604 & 28.616).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-09-23 - Referred To Committee On Judiciary [SB0411 Detail]
Download: Michigan-2013-SB0411-Engrossed.html
SB-0411, As Passed Senate, September 23, 2014
SUBSTITUTE FOR
SENATE BILL NO. 411
A bill to amend 1965 PA 203, entitled
"Commission on law enforcement standards act,"
by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 10, 11, 12,
13, and 14 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607,
28.609, 28.609a, 28.609b, 28.609c, 28.610, 28.611, 28.612, 28.613,
and 28.614), sections 1, 3, 5, 6, 7, 11, 12, and 14 as amended and
sections 9a, 9b, and 9c as added by 1998 PA 237, section 2 as
amended by 2013 PA 170, section 9 as amended by 2005 PA 239, and
section 10 as amended by 2010 PA 67; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan commission on law enforcement standards act".
Sec. 2. As used in this act:
(a)
"Certificate" means a numbered document issued by the
commission
to a person who has received certification under this
act.
(b)
"Certification" means any of the following:
(i) A determination by the commission that a person
meets the
law
enforcement officer minimum standards to be employed as a
commission
certified law enforcement officer and that the person is
authorized
under this act to be employed as a law enforcement
officer.
(ii) A determination by the commission that a person
was
employed
as a law enforcement officer before January 1, 1977 and
that
the person is authorized under this act to be employed as a
law
enforcement officer.
(iii) A determination by the commission that a person
satisfies
the
requirements set forth in a recommendation of the commission to
and
approved by the legislature on the feasibility of interstate
reciprocity
of certification of everyone that was employed as a law
enforcement
officer of another state within the previous 12 months,
and
that state maintains standards substantially similar to law
enforcement
officer minimum standards.
(a) "Adjudication of guilt" means any of the following:
(i) Entry of a judgment or verdict of guilty, or guilty but
mentally ill, following a trial.
(ii) Entry of a plea of guilty or nolo contendere.
(iii) Entry of any of the adjudications specified in
subparagraph (i) or (ii), in conjunction with an order entered under
section 1 of chapter XI of the code of criminal procedure, 1927 PA
175, MCL 771.1, or any other order delaying sentence.
(iv) Entry of any of the adjudications specified in
subparagraph (i) or (ii), in conjunction with an assignment to the
status of youthful trainee under the Holmes youthful trainee act,
as provided in section 11 of chapter II of the code of criminal
procedure, 1927 PA 175, MCL 762.11.
(v) Entry of any of the adjudications specified in
subparagraph (i) or (ii), in conjunction with probation under section
7411 of the public health code, 1978 PA 368, MCL 333.7411.
(vi) Entry of any of the adjudications specified in
subparagraph (i) or (ii), in conjunction with probation under section
4a of chapter IX of the code of criminal procedure, 1927 PA 175,
MCL 769.4a.
(b) (c)
"Commission" means the Michigan commission
on law
enforcement
standards created in section 3.this
act or, by express
delegation of the Michigan commission on law enforcement standards,
its executive director and staff.
(c) (d)
"Contested case" means
that term as defined in section
3 of the administrative procedures act of 1969, 1969 PA 306, MCL
24.203.
(d) (e)
"Executive director"
means the executive director of
the
commission appointed under section 12.this act.
(f)
"Felony" means a violation of a penal law of this state or
another
state that is either of the following:
(i) Punishable by a term of imprisonment greater than
1 year.
(ii) Expressly designated a felony by statute.
(g)
"Fund" means the law enforcement officers training fund
created
in section 13.
(h)
"Law enforcement officer minimum standards" means
standards
established by the commission under this act that a
person
must meet to be eligible for certification under section
9a(1).
(i)
"Law enforcement officer of a Michigan Indian tribal
police
force" means a regularly employed member of a police force
of
a Michigan Indian tribe who was appointed under former 25 CFR
12.100
to 12.103.
(j)
"Michigan Indian tribe" means a federally recognized
Indian
tribe that has trust lands located within this state.
(e) "Law enforcement agency" means an entity that is
established and maintained in accordance with the laws of this
state and is authorized by the laws of this state to appoint or
employ law enforcement officers.
(f) "Law enforcement officer" means:
(i) Except as provided in subparagraph (ii), a person employed
by a law enforcement agency as 1 or more of the following:
(A) A person authorized by law, including common law, to
prevent and detect crime and enforce the general criminal laws of
this state. This does not include a person serving solely because
he or she occupies any other office or position.
(B) A person employed as a Michigan tribal law enforcement
officer by a federally recognized Indian tribe that has trust lands
located within this state, subject to a written instrument
authorizing the person to enforce the laws of this state.
(C) The sergeant at arms or any assistant sergeant at arms of
either house of the legislature who is commissioned as a police
officer by that respective house of the legislature as provided by
the legislative sergeant at arms police powers act, 2001 PA 185,
MCL 4.381 to 4.382.
(D) A law enforcement officer of a multicounty metropolitan
district as provided under section 3 of 2004 PA 378, MCL 28.583,
subject to the limitations of section 9(6).
(E) A county prosecuting attorney's investigator sworn and
fully empowered by the sheriff of that county as provided under
article VII of the state constitution of 1963 and section 70 of
1846 RS 14, MCL 51.70.
(F) A fire arson investigator from a fire department within a
village, city, township, or county who is sworn and fully empowered
by the chief of police of that village, city, township, or county.
(G) Officers and investigators appointed by state departments
represented on the Michigan highway reciprocity board as provided
under section 15 of 1960 PA 124, MCL 3.175.
(H) A superintendent, watchperson, or guard appointed or
chosen as provided under sections 1 and 3 of 1905 PA 80, MCL 19.141
and 19.143.
(I) A commissioner or officer of the Michigan state police
appointed as provided under section 6 of 1935 PA 59, MCL 28.6.
(J) A conservation officer appointed by the Michigan state
police as provided under section 6a of 1935 PA 59, MCL 28.6a.
(K) An officer appointed by a public body as provided under
section 3 of the public body law enforcement agency act, 2004 PA
378, MCL 28.583.
(L) A general law township constable appointed to perform both
statutory criminal and civil duties as provided under section 82 of
1846 RS 16, MCL 41.82.
(M) An officer appointed to a general law township police
department as provided under section 6 of 1951 PA 33, MCL 41.806.
(N) A marshal, policeman, watchman, or officer appointed to a
charter township police force as provided under section 12 of the
charter township act, 1947 PA 359, MCL 42.12.
(O) A park ranger appointed by a county or regional parks and
recreation commission as provided under section 14 of 1965 PA 261,
MCL 46.364.
(P) A sheriff elected as provided under article VII of the
state constitution of 1963 or appointed as provided under article V
of the state constitution of 1963.
(Q) An undersheriff or deputy sheriff appointed as provided
under section 70 of 1846 RS 14, MCL 51.70.
(R) A police officer appointed by a general law village as
provided under section 13 of the general law village act, 1895 PA
3, MCL 70.13.
(S) A police officer appointed by a home rule village as
provided under section 22 of the home rule village act, 1909 PA
278, MCL 78.22.
(T) A marshal appointed to serve as chief of police of a
fourth class city as provided under section 16 of the fourth class
city act, 1895 PA 215, MCL 87.16.
(U) A constable appointed by a fourth class city as provided
under section 24 of the fourth class city act, 1895 PA 215, MCL
87.24.
(V) A police chief, policeman, or nightwatchman appointed by a
fourth class city as provided under section 1 of the fourth class
city act, 1895 PA 215, MCL 92.1.
(W) A police officer or constable appointed by a home rule
city as provided under sections 3 and 32 of the home rule city act,
1909 PA 279, MCL 117.3 and 117.32.
(X) An airport law enforcement officer, guard, or police
officer appointed by a public airport authority as provided under
section 116 of the aeronautics code of the state of Michigan, 1945
PA 327, MCL 259.116.
(Y) A conservation officer appointed by the director of the
department of natural resources as provided under section 1 of 1986
PA 109, MCL 300.21, or sections 1501, 1601, and 1606(1) of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.1501, 324.1601, and 324.1606.
(Z) A public safety officer appointed to a department of
public safety as provided under section 1606b of the revised school
code, 1976 PA 451, MCL 380.1606b.
(AA) A public safety officer appointed by a community college
as provided under section 128 of the community college act of 1966,
1966 PA 331, MCL 389.128.
(BB) A public safety officer appointed by the board of control
of Saginaw valley state university as provided under section 5a of
1965 PA 278, MCL 390.715a.
(CC) A public safety officer appointed by the board of control
of a higher education institution as provided under section 1 of
1990 PA 120, MCL 390.1511.
(DD) An investigator appointed by the attorney general as
provided under section 10 of the medicaid false claim act, 1977 PA
72, MCL 400.610.
(EE) An investigator appointed by the attorney general as
provided under section 8 of the health care false claim act, 1984
PA 323, MCL 752.1008.
(FF) An investigator appointed by the attorney general as
provided under section 35 of 1846 RS 12, MCL 14.35.
(GG) A railroad police officer acting as provided under
section 367 of the railroad code of 1993, 1993 PA 354, MCL 462.367.
(HH) An inspector appointed by the state transportation
commission as provided under section 13 of the motor carrier act,
1933 PA 254, MCL 479.13.
(II) A law enforcement officer licensed under this act whose
duties are performed in conjunction with a joinder of 2 or more
municipal corporations under section 1 of 1951 PA 35, MCL 124.1.
(JJ) A law enforcement officer licensed under this act whose
duties are performed in conjunction with an interlocal agreement
entered into under 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(KK) A law enforcement officer licensed under this act whose
duties are performed in conjunction with a transfer of functions or
responsibilities under 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536.
(LL) A law enforcement officer licensed under this act whose
duties have been transferred to an authority and who is given a
comparable position of employment with that authority as provided
under 1988 PA 57, MCL 124.601 to 124.614.
(ii) "Law enforcement officer" does not include any of the
following:
(A) A general law township constable appointed as a district
court officer or appointed to perform civil duties, but not
statutory criminal duties, as provided in section 82 of 1846 RS 16,
MCL 41.82.
(B) A temporary policeman appointed under section 2 of the
fourth class city act, 1895 PA 215, MCL 92.2.
(C) A person authorized to issue citations as a volunteer as
provided under section 675d of the Michigan vehicle code, 1949 PA
300, MCL 257.675d.
(D) A security employee appointed by the director of the
department of state police as provided under section 6c of 1935 PA
59, MCL 28.6c.
(E) A motor carrier officer appointed by the department of
state police as provided in section 6d of 1935 PA 59, MCL 28.6d,
section 5 of 1956 PA 62, MCL 257.955, and section 73 of 2006 PA
108, MCL 257.1873.
(F) The director of the department of agriculture granted
peace officer authority as provided in section 9h of the motor
fuels quality act, 1984 PA 44, MCL 290.649h.
(G) An agent of the department of energy, labor, and economic
growth granted peace officer authority as provided in section 27 of
the private security business and security alarm act, 1968 PA 330,
MCL 338.1077.
(H) An attendance officer granted the powers of a deputy
sheriff as provided in section 1571 of the revised school code,
1976 PA 451, MCL 380.1571.
(I) A park and recreation officer commissioned under section
1606(2) of the natural resources and environmental protection act,
1994 PA 451, MCL 324.1606.
(J) A volunteer conservation officer appointed by the
department of natural resources as provided in section 1607 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.1607.
(K) A state forest officer appointed by the director of the
department of natural resources as provided in section 83107 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.83107.
(L) A special deputy appointed by a sheriff to do particular
acts under section 70 of 1846 RS 14, MCL 51.70.
(M) An officer appointed to conduct salvage vehicle
inspections as provided in section 217c of the Michigan vehicle
code, 1949 PA 300, MCL 257.217c, who is not otherwise employed as a
law enforcement officer.
(N) A private security guard, private security police officer,
or private college security force officer employed or appointed as
provided in the private security business and security alarm act,
1968 PA 330, MCL 338.1051 to 338.1092.
(O) The attorney general.
(P) The secretary of state.
(Q) A member of the highway reciprocity board granted peace
officer authority under section 15 of 1960 PA 124, MCL 3.175.
(R) A member of a sheriff's posse.
(S) A police auxiliary.
(T) A reserve officer.
(U) An officer or investigator appointed by the department of
state under section 213 of the Michigan vehicle code, 1949 PA 300,
MCL 257.213.
(V) An authorized agent of the state transportation department
or a county road commission performing duties authorized under
section 724 of the Michigan vehicle code, 1949 PA 300, MCL 257.724.
(W) An enforcement officer appointed by the aeronautics
commission under section 55 of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.55.
(X) A railroad conductor acting under section 3 of 1913 PA 68,
MCL 436.203.
(Y) An inspector authorized to enforce the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, and
rules promulgated by the liquor control commission as provided in
section 201 of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1201.
(Z) A person not licensed under this act whose law enforcement
duties are performed in conjunction with a joinder of 2 or more
municipal corporations under 1951 PA 35, MCL 124.1 to 124.13.
(AA) A person not licensed under this act whose law
enforcement duties are performed in conjunction with an interlocal
agreement entered into under the urban cooperation act of 1967,
1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(BB) A person not licensed under this act whose law
enforcement duties are performed in conjunction with a transfer of
functions or responsibilities under 1967 (Ex Sess) PA 8, MCL
124.531 to 124.536.
(CC) A person not licensed under this act whose law
enforcement duties have been transferred to an authority and who is
given a comparable position of employment with that authority as
provided under 1988 PA 57, MCL 124.601 to 124.614.
(DD) A marshal appointed as provided in section 11 of 1889 PA
39, MCL 455.61, or section 15 of 1929 PA 137, MCL 455.215.
(g) "Law enforcement training academy" means any of the
following:
(i) An agency basic law enforcement training academy.
(ii) A preservice college basic law enforcement training
academy.
(iii) A regional basic law enforcement training academy.
(h) "License" means documentation of licensure by the
commission under this act.
(i) "Licensing standards" means the requirements with which a
person must comply for licensure as a law enforcement officer under
this act.
(j) "Licensure" means a determination by the commission that
both of the following occurred in compliance with this act and
rules promulgated under the authority of this act:
(i) The person to whom the license is issued commenced
employment as a law enforcement officer, subject to a written oath
of office or other written instrument conferring law enforcement
authority.
(ii) The law enforcement agency employing the person, or the
law enforcement agency or other governmental agency conferring law
enforcement authority upon the person, attested to the commission
that the person complied with the licensing standards.
(k) "Michigan tribal law enforcement officer" means a person
employed as a law enforcement officer by a federally recognized
Indian tribe that has trust lands located within this state,
subject to a written instrument authorizing the person to enforce
the laws of this state.
(l) (k)
"Multicounty metropolitan
district" means an entity
authorized and established by state law by 2 or more counties with
a combined population of not less than 3,000,000, for the purpose
of cooperative planning, promoting, acquiring, constructing,
owning, developing, maintaining, or operating parks.
(l) "Police officer" or "law
enforcement officer" means, unless
the
context requires otherwise, any of the following:
(i) A regularly employed member of a law enforcement
agency
authorized
and established by law, including common law, who is
responsible
for the prevention and detection of crime and the
enforcement
of the general criminal laws of this state. Police
officer
or law enforcement officer does not include a person
serving
solely because he or she occupies any other office or
position.
(ii) A law enforcement officer of a Michigan Indian
tribal
police
force, subject to the limitations set forth in section 9(7).
(iii) The sergeant at arms or any assistant sergeant at
arms of
either
house of the legislature who is commissioned as a police
officer
by that respective house of the legislature as provided by
the
legislative sergeant at arms police powers act, 2001 PA 185,
MCL
4.381 to 4.382.
(iv) A law enforcement officer of a multicounty
metropolitan
district,
subject to the limitations of section 9(8).
(v) A county prosecuting attorney's investigator sworn
and
fully
empowered by the sheriff of that county.
(vi) A fire arson investigator from a fire department
within a
village,
city, township, or county who is sworn and fully empowered
by
the chief of police of that village, city, township, or county.
(m) "Rule" means a rule promulgated under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 3. (1) The Michigan commission on law enforcement
standards is created to carry out the intent of this act.
(2)
The commission consists of the following 11 members:
(a) The attorney general, or his or her designated
representative from within the department of attorney general.
(b) The director of the department of state police, or his or
her designated representative who is a police officer within the
department of state police.
(c) The chief of a police department of a city that has a
population of more than 600,000, or his or her designee who is a
command officer within that department.
(d) (c)
Nine The following members appointed by the governor,
with
the advice and consent of subject
to disapproval by the senate
under section 6 of article V of the state constitution of 1963, as
follows:
(i) Three individuals selected from a list of 6 not fewer than
9 active voting members of and submitted by the Michigan
association
of chiefs of police. or its successor organization.
(ii) Three individuals selected from a list of 6 not fewer than
9 elected sheriffs submitted by the Michigan sheriffs' association.
or
its successor organization.
(iii) One individual selected from a list of not fewer than 3
county prosecuting attorneys submitted by the prosecuting attorneys
association of Michigan.
(iv) One individual selected from a list of not fewer than 3
individuals submitted by the criminal defense attorneys of
Michigan.
(v) One individual selected from a list of not fewer than 3
individuals submitted by the Michigan state police troopers
association.
(vi) (iii) One
individual selected from a list of not
fewer than
3 names submitted by the Michigan chapter of the fraternal order of
the
police. or its successor organization.
(vii) (iv) One
individual selected from a list of not
fewer than
3 names submitted by the police officers association of Michigan.
or
its successor organization.
(viii) (v) One individual
selected from a list of not fewer
than
3
individuals submitted by the Detroit police officers associations
or
their successor organizations.a
police association not otherwise
represented on the commission representing law enforcement officers
employed by a law enforcement agency employing more than 10% of the
police officers in this state.
Senate Bill No. 411 as amended September 18, 2014
(ix) One individual selected from a list of not less than 3
individuals nominated by the police officers labor council of
Michigan.
(x) One individual selected from a list of not less than 3
individuals nominated by the Michigan association of police.
<<(xi) One individual selected from a list of not less than
3 individuals submitted by the deputy sheriff's association of
Michigan.>>
(xi) The governor may appoint any individual meeting the
membership requirements of the organizations listed in
subparagraphs (i) to <<(xi)>> if the organization permitted to submit a
list of individuals fails to submit a complete list of qualified
nominees at least 30 days before a vacancy created by the
expiration of a term, or not less than 30 days after the effective
date of any other vacancy.
(e) (d)
An individual selected under
subdivision (c) (d) shall
serve as a commission member only while serving as a member of the
respective
organizations in subparagraphs (i) to (v).organization
that submitted his or her name to the governor for appointment.
(f) Members of the commission appointed or reappointed under
subdivision (d)(i) to <<(xi)>> shall be appointed for a term of 4 years.
(g) Appointments under subdivision (d) scheduled to expire on
November 1, 2014 are extended through December 31, 2014.
(h) The expiration dates of appointments under subdivision (d)
shall be December 31 of the calendar year in which they expire.
(3)
The terms of the members of the law enforcement officers
training
council expire on the date that all members of the
commission
on law enforcement standards are appointed.
(3) A vacancy on the commission occurring other than by
expiration of a term shall be filled by the governor in the same
manner as the original appointment for the balance of the unexpired
term.
Sec. 5. (1) The commission shall elect from among its members
a chairperson and a vice-chairperson who shall serve for 1-year
terms and who may be reelected.
(2) Membership on the commission does not constitute holding a
public office, and members of the commission are not required to
take and file oaths of office before serving on the commission.
(3)
The commission does not have the right to exercise any
portion
of the sovereign power of the state.
(3) (4)
A member of the commission is not
disqualified from
holding any public office or employment by reason of his or her
appointment or membership on the commission and shall not forfeit
any public office or employment because of his or her appointment
to the commission, notwithstanding any general, special, or local
law, ordinance, or city charter.
Sec. 6. (1) The commission shall meet not less than 4 times in
each year and shall hold special meetings when called by the
chairperson or, in the absence of the chairperson, by the vice-
chairperson. A special meeting of the commission shall be called by
the chairperson upon the written request of 5 members of the
commission.
(2) The commission shall establish its own procedures and
requirements with respect to quorum, place and conduct of its
meetings, and other matters.
(3) The commission may establish other procedures and
requirements governing its operations to carry out the intent of
this act.
(4) (3)
The commission's business shall be
conducted in
compliance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275. Public notice of the time, date, and place of the meeting
shall be given in the manner required by the open meetings act,
1976 PA 267, MCL 15.261 to 15.275. Notwithstanding any other
provision of law, action may be taken by the commission at a
meeting upon a vote of the majority of its members present in
person or through the use of amplified telephonic equipment, if
authorized by the bylaws of the commission.
Sec. 7. The commission shall make an annual report to the
governor that includes pertinent data regarding the law enforcement
officer minimum standards and the degree of participation of
municipalities in the training programs, as well as any other
information the governor requests or the commission considers
appropriate.
Sec.
9. (1) The commission shall promulgate rules to establish
law
enforcement officer minimum standards. The rules do not apply
to
a member of a sheriff's posse or a police auxiliary temporarily
performing
his or her duty under the direction of the sheriff or
police
department. In promulgating the law enforcement officer
minimum
standards, the commission shall give consideration to the
varying
factors and special requirements of local police agencies.
The
law enforcement officer minimum standards shall include all of
the
following:
(a)
Minimum standards of physical, educational, mental, and
moral
fitness that govern the recruitment, selection, appointment,
and
certification of law enforcement officers.
(b)
Minimum courses of study, attendance requirements, and
instructional
hours required at approved police training schools.
(c)
Minimum basic training requirements that a person,
excluding
sheriffs, shall complete before being eligible for
certification
under section 9a(1).
(2)
If a person's certification under section 9a(1) becomes
void
under section 9a(4)(b), the commission shall waive the
requirements
described in subsection (1)(b) for certification of
the
person under section 9a(1) if 1 or more of the following apply:
(a)
The person has been employed 1 year or less as a
commission
certified law enforcement officer and is again employed
as
a law enforcement officer within 1 year after discontinuing
employment
as a commission certified law enforcement officer.
(b)
The person has been employed more than 1 year but less
than
5 years as a commission certified law enforcement officer and
is
again employed as a law enforcement officer within 18 months
after
discontinuing employment as a commission certified law
enforcement
officer.
(c)
The person has been employed 5 years or more as a
commission
certified law enforcement officer and is again employed
as
a law enforcement officer within 2 years after discontinuing
employment
as a commission certified law enforcement officer.
(d)
The person has successfully completed the mandatory
training
and has been continuously employed as a law enforcement
officer,
but through no fault of that person the employing agency
failed
to obtain certification for that person as required by this
act.
(3)
A commission certified law enforcement officer who is a
member
of any of the reserve components of the United States armed
forces
and who is called to active duty in the armed forces is not
considered
to have discontinued his or her employment as a
commission
certified law enforcement officer under section
9a(4)(b).
The person's certification under section 9a(1) shall not
become
void during that term of active military service. However,
the
certification of a certified law enforcement officer described
in
this subsection may be revoked under section 9b if the officer
committed
an offense during the period of active duty in the armed
forces
that resulted in a conviction enumerated in section 9b(1).
As
used in this subsection, "reserve components of the United
States
armed forces" means that term as defined in section 2 of the
military
family relief fund act, 2004 PA 363, MCL 35.1212. This
subsection
does not apply to a commission certified law enforcement
officer
who volunteers for a term of active military service or who
voluntarily
extends a term of active military service that began
when
he or she was called to active duty. This subsection does not
apply
to a commission certified law enforcement officer who is
dishonorably
discharged from a term of active military service.
(4)
The commission shall promulgate rules with respect to all
of
the following:
(a)
The categories or classifications of advanced in-service
training
programs for commission certified law enforcement officers
and
minimum courses of study and attendance requirements for the
categories
or classifications.
(b)
The establishment of subordinate regional training centers
in
strategic geographic locations in order to serve the greatest
number
of police agencies that are unable to support their own
training
programs.
(c)
The commission's acceptance of certified basic police
training
and law enforcement experience received by a person in
another
state in fulfillment in whole or in part of the law
enforcement
officer minimum standards.
(d)
The commission's approval of police training schools
administered
by a city, county, township, village, corporation,
college,
community college or university.
(e)
The minimum qualifications for instructors at approved
police
training schools.
(f)
The minimum facilities and equipment required at approved
police
training schools.
(g)
The establishment of preservice basic training programs at
colleges
and universities.
(h)
Acceptance of basic police training and law enforcement
experience
received by a person in fulfillment in whole or in part
of
the law enforcement officer minimum standards prepared and
published
by the commission if both of the following apply:
(i) The person successfully completed the basic police
training
in
another state or through a federally operated police training
school
that was sufficient to fulfill the minimum standards
required
by federal law to be appointed as a law enforcement
officer
of a Michigan Indian tribal police force.
(ii) The person is or was a law enforcement officer of
a
Michigan
Indian tribal police force for a period of 1 year or more.
(5)
Except as otherwise provided in this section, a regularly
employed
person employed on or after January 1, 1977 as a member of
a
police force having a full-time officer is not empowered to
exercise
all the authority of a peace officer in this state, or be
employed
in a position for which the authority of a peace officer
is
conferred by statute, unless the person has received
certification
under section 9a(1).
(6)
A law enforcement officer employed before January 1, 1977
may
continue his or her employment as a law enforcement officer and
participate
in training programs on a voluntary or assigned basis
but
failure to obtain certification under section 9a(1) or (2) is
not
grounds for dismissal of or termination of that employment as a
law
enforcement officer. A person who was employed as a law
enforcement
officer before January 1, 1977 who fails to obtain
certification
under section 9a(1) and who voluntarily or
involuntarily
discontinues his or her employment as a law
enforcement
officer may be employed as a law enforcement officer if
he
or she was employed 5 years or more as a law enforcement officer
and
is again employed as a law enforcement officer within 2 years
after
discontinuing employment as a law enforcement officer.
(7)
A law enforcement officer of a Michigan Indian tribal
police
force is not empowered to exercise the authority of a peace
officer
under the laws of this state and shall not be employed in a
position
for which peace officer authority is granted under the
laws
of this state unless all of the following requirements are
met:
(a)
The tribal law enforcement officer is certified under this
act.
(b)
The tribal law enforcement officer is 1 of the following:
(i) Deputized by the sheriff of the county in which
the trust
lands
of the Michigan Indian tribe employing the tribal law
enforcement
officer are located, or by the sheriff of any county
that
borders the trust lands of that Michigan Indian tribe,
pursuant
to section 70 of 1846 RS 14, MCL 51.70.
(ii) Appointed as a police officer of the state or a
city,
township,
charter township, or village that is authorized by law to
appoint
individuals as police officers.
(c)
The deputation or appointment of the tribal law
enforcement
officer described in subdivision (b) is made pursuant
to
a written contract that includes terms the appointing authority
under
subdivision (b) may require between the state or local law
enforcement
agency and the tribal government of the Michigan Indian
tribe
employing the tribal law enforcement officer.
(d)
The written contract described in subdivision (c) is
incorporated
into a self-determination contract, grant agreement,
or
cooperative agreement between the United States secretary of the
interior
and the tribal government of the Michigan Indian tribe
employing
the tribal law enforcement officer pursuant to the Indian
self-determination
and education assistance act, Public Law 93-638,
88
Stat. 2203.
(8)
A law enforcement officer of a multicounty metropolitan
district,
other than a law enforcement officer employed by a law
enforcement
agency created under the public body law enforcement
agency
act, is not empowered to exercise the authority of a peace
officer
under the laws of this state and shall not be employed in a
position
for which peace officer authority is granted under the
laws
of this state unless all of the following requirements are
met:
(a)
The law enforcement officer has met or exceeded minimum
standards
for certification under this act.
(b)
The law enforcement officer is deputized by the sheriff or
sheriffs
of the county or counties in which the land of the
multicounty
metropolitan district employing the law enforcement
officer
is located and in which the law enforcement officer will
work,
pursuant to section 70 of 1846 RS 14, MCL 51.70.
(c)
The deputation or appointment of the law enforcement
officer
is made pursuant to a written agreement that includes terms
the
deputizing authority under subdivision (b) may require between
the
state or local law enforcement agency and the governing board
of
the multicounty metropolitan district employing the law
enforcement
officer.
(d)
The written agreement described in subdivision (c) is
filed
with the commission.
(9)
A public body that creates a law enforcement agency under
the
public body law enforcement agency act and that employs 1 or
more
law enforcement officers certified under this act shall be
considered
to be a law enforcement agency for purposes of section
9d.
(10)
The commission may establish an evaluation or testing
process,
or both, for granting a waiver from the law enforcement
officer
minimum standards regarding training requirements to a
person
who has held a certificate under this act and who
discontinues
employment as a law enforcement officer for a period
of
time exceeding the time prescribed in subsection (2)(a) to (c)
or
(6), as applicable.
(1) This section applies to all law enforcement officers
except persons to whom sections 9a, 9b, and 9c apply. Employment of
law enforcement officers to whom this section applies is subject to
the licensing requirements and procedures of this section.
(2) The commission shall promulgate rules governing licensing
standards and procedures for persons licensed under this section.
In promulgating the rules, the commission shall give consideration
to the varying factors and special requirements of law enforcement
agencies. The rules 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) Valid operator's or chauffer's license.
(i) Character fitness, as determined by a background
investigation supported by a written authorization and release
executed by the person for whom licensure is sought.
(j) United States citizenship.
(k) Employment as a law enforcement officer.
(l) Execution of a written oath of office by a law enforcement
agency with whom the person is employed, conferring authority to
act with all of the law enforcement authority described in the laws
of this state under which the person is employed.
(3) Licensure under this section shall comply with the
following procedures:
(a) Before executing the oath of office, an employing law
enforcement agency shall verify that the person to whom the oath is
to be administered complies with the licensing standards.
(b) A law enforcement agency employing a person licensed under
this section shall authorize the person to exercise the law
enforcement authority described in the laws of this state under
which the person is employed, by executing a written oath of
office.
(c) Within 10 calendar days after executing the oath of
office, the employing law enforcement agency shall attest in
writing to the commission that the person to whom the oath was
administered complies with the licensing standards, by submitting
an executed affidavit and a copy of the executed oath of office.
(d) If, upon reviewing the executed affidavit and executed
oath of office, the commission determines that the person complies
with the licensing standards, the commission shall grant the person
a license.
(e) If, upon reviewing the executed affidavit and executed
oath of office, the commission determines that the person does not
comply with the licensing standards, the commission may do any of
the following:
(i) Supervise the remediation of errors or omissions in the
affidavit and oath of office.
(ii) Supervise the remediation of errors or omissions in the
screening, procedures, examinations, testing, and other means used
to verify compliance with the licensing standards.
(iii) Supervise additional screening, procedures, examinations,
testing, and other means used to determine compliance with the
licensing standards.
(iv) Deny the issuance of a license and inform the employing
law enforcement agency.
(f) Upon being informed that the commission has denied
issuance of a license, the employing law enforcement agency shall
promptly inform the person denied.
(4) A person denied a license under this section may not
exercise the law enforcement authority described in the laws of
this state under which the person is employed. This subsection does
not divest the person of that authority until the person has been
informed of the denial.
(5) A law enforcement agency that has administered an oath of
office to a person under this section shall, with respect to that
person:
(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 action taken by the employing
agency that removes the authority conferred by the oath of office,
and restoration of the person'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 person complies with the licensing standards.
(6) A person licensed under this section shall:
(a) Report to the commission criminal charges for offenses for
which that person'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) Report to the commission the imposition of a personal
protection order against that person 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.
(7) A license issued under this section is rendered inactive,
and may be reactivated, as follows:
(a) A license is rendered inactive if:
(i) A person, 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) A person, 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 oath of office for less than 1 year.
(iii) A person, 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) A person, 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 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.
(8) A license issued under this section is rendered lapsed,
without barring further licensure under this act, as follows:
(a) A person, 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) A person, 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 oath of office for 1 year.
(c) A person, 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) A person, 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 oath of
office for 2 years.
(9) The commission shall revoke a license granted under this
section for any of the following and shall promulgate rules
governing these revocations:
(a) The person 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 person obtained the license because another person
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 person has been subjected to an adjudication of guilt
for any 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 person has been subjected to an adjudication of guilt
for violation or attempted violation of any of the following penal
laws of this state or laws of another jurisdiction substantially
corresponding to them:
(i) MCL 750.81(3).
(ii) MCL 750.81a(1).
(iii) MCL 750.81a(2).
(iv) MCL 750.411h(2)(a).
(v) MCL 333.7403(2)(c).
(vi) MCL 333.7404(2)(a).
(vii) MCL 333.7404(2)(b).
(viii) MCL 333.7404(2)(c).
(ix) MCL 257.625(9)(b).
(10) 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 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 person 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.
(11) A person licensed under this section may not exercise the
law enforcement authority described in the laws of this state under
which the person is employed if any of the following occur:
(a) The person's license is rendered void by a court order or
other operation of law.
(b) The person's license is revoked.
(c) The person's license is rendered inactive.
(d) The person's license is rendered lapsed.
Sec.
9a. (1) The commission shall grant certification to a
person
who meets the law enforcement officer minimum standards at
the
time he or she is employed as a law enforcement officer.
(2)
The commission shall grant certification to a person who
was
employed as a law enforcement officer before January 1, 1977
and
who fails to meet the law enforcement officer minimum standards
if
the person is authorized to be employed as a law enforcement
officer
under section 9.
(3)
The commission shall grant certification to an elected
sheriff,
which certification shall remain valid only while that
sheriff
is in office.
(4)
Certification granted to a person under this act is valid
until
either of the following occurs:
(a)
The certification is revoked.
(b)
The certification becomes void because the person
discontinues
his or her employment as a commission certified law
enforcement
officer.
(5)
The commission shall issue a certificate to a person who
has
received certification. A certificate issued to a person
remains
the property of the commission.
(6)
Upon request of the commission, a person whose
certification
is revoked, or becomes void because the person
discontinues
his or her employment as a commission certified law
enforcement
officer, shall return to the commission the certificate
issued
to the person. A violation of this subsection is a
misdemeanor,
punishable by imprisonment for 90 days, a fine of not
more
than $500.00, or both.
(1) This section applies only to persons elected or appointed
to the office of sheriff in this state. Employment of law
enforcement officers to whom this section applies is subject to the
licensing requirements and procedures of this section.
(2) Licensure under this section shall comply with the
following procedures:
(a) Within 10 calendar days after taking an oath of office for
the office of sheriff in this state, a person shall submit to the
commission a copy of the executed oath of office.
(b) If, upon reviewing the executed oath of office, the
commission determines that the person has been elected or appointed
to the office of sheriff in this state, the commission shall grant
the person a license.
(c) If, upon reviewing the executed oath of office, the
commission determines that the person has not been elected or
appointed to the office of sheriff in this state, the commission
may do either of the following:
(i) Verify, through other means, election or appointment to the
office of sheriff in this state.
(ii) Deny the issuance of a license and inform the person
denied.
(3) A person licensed under this section shall:
(a) Report to the commission criminal charges for offenses for
which that person'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) Report to the commission the imposition of a personal
protection order against that person 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.
(4) A license granted under this section is valid until any of
the following occur:
(a) A court order or other operation of law renders the
license void.
(b) The person's term of office as a sheriff in this state
expires.
(c) The commission revokes the license as provided in this
section.
(5) The commission shall revoke a license granted under this
section for any of the following and shall promulgate rules
governing these revocations:
(a) The person 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 person obtained the license because another person
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 person has been subjected to an adjudication of guilt
for any 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 person has been subjected to an adjudication of guilt
for violation or attempted violation of any of the following penal
laws of this state or laws of another jurisdiction substantially
corresponding to them:
(i) MCL 750.81(3).
(ii) MCL 750.81a(1).
(iii) MCL 750.81a(2).
(iv) MCL 750.411h(2)(a).
(v) MCL 333.7403(2)(c).
(vi) MCL 333.7404(2)(a).
(vii) MCL 333.7404(2)(b).
(viii) MCL 333.7404(2)(c).
(ix) MCL 257.625(9)(b).
(6) 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 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 person 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.
Sec.
9b. (1) The commission shall promulgate rules that
provide
for the revocation of certification of a law enforcement
officer
for 1 or more of the following:
(a)
Conviction by a judge or jury of a felony.
(b)
Conviction by a plea of guilty to a felony.
(c)
Conviction by a plea of no contest to a felony.
(d)
Making a materially false statement or committing fraud
during
the application for certification process.
(2)
The rules shall provide for the suspension of a law
enforcement
officer from use of the law enforcement information
network
in the event the law enforcement officer wrongfully
discloses
information from the law enforcement information network.
(3)
Except as provided in subsection (4), if the commission
issues
a final decision or order to revoke the certification of a
law
enforcement officer, 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.
(4)
A petition for judicial review of a final decision or
order
of the commission revoking the certification of a law
enforcement
officer shall be filed only in the circuit court for
Ingham
county.
(5)
The commission may issue a subpoena in a contested case to
revoke
a law enforcement officer's certification. The subpoena
shall
be issued as provided in section 73 of the administrative
procedures
act of 1969, 1969 PA 306, MCL 24.273.
(1) This section applies only to persons 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.
(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) Valid operator's or chauffer's license.
(i) Character fitness, as determined by a background
investigation supported by a written authorization and release
executed by the person for whom licensure is sought.
(j) United States citizenship.
(k) Employment as a Michigan tribal law enforcement officer.
(l) Execution of a written instrument conferring authority upon
the person 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 person to enforce the laws of this state.
(ii) Appointment as a law enforcement officer by a law
enforcement agency, conferring authority upon the person to enforce
the laws of this state.
(iii) Execution of a written agreement between the Michigan
tribal law enforcement agency with whom the person is employed and
a law enforcement agency, conferring authority upon the person 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 person to enforce the laws of this state.
(3) Licensure under this section shall comply with 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 person
complies with the licensing standards.
(c) Within 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 person to whom the authority
was conferred complies with the licensing standards, by submitting
an executed affidavit and a copy of the written instrument.
(d) If, upon reviewing the executed affidavit and the written
instrument, the commission determines that the person complies with
the licensing standards, the commission shall grant the person a
license.
(e) If, upon reviewing the executed affidavit and the written
instrument, the commission determines that the person does not
comply with the licensing standards, the commission may do any of
the following:
(i) Supervise the remediation of errors or omissions in the
affidavit and oath of office.
(ii) Supervise the remediation of errors or omissions in the
screening, procedures, examinations, testing, and other means used
to verify compliance with the licensing standards.
(iii) Supervise additional screening, procedures, examinations,
testing, and other means used to determine compliance with the
licensing standards.
(iv) 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 a person to whom
this section applies.
(f) 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 a person to whom this section applies shall
promptly inform the person denied.
(4) A person denied a license under this section may not
exercise the law enforcement authority described in a written
instrument conferring authority upon the person to enforce the laws
of this state. This subsection does not divest the person of that
authority until the person has been informed of the denial.
(5) A written instrument conferring authority to enforce the
laws of this state upon a person to whom this section applies shall
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 action it takes that
removes the authority conferred by the written instrument
conferring authority upon the person to enforce the laws of this
state, and restoration of the person'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 person complies with the applicable licensing
standards.
(6) A written instrument conferring authority to enforce the
laws of this state upon a person to whom this section applies shall
include the following:
(a) A requirement that the employing Michigan tribal law
enforcement agency report to the commission criminal charges for
offenses for which that person'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) A requirement that the employing Michigan tribal law
enforcement agency report to the commission the imposition of a
personal protection order against that person 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.
(7) A license issued under this section is rendered inactive,
and may be reactivated, as follows:
(a) A license is rendered inactive if:
(i) A person, 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) A person, 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 person to enforce the laws
of this state for less than 1 year.
(iii) A person, 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) A person, 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 person 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 a
person 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.
(8) A license issued under this section is rendered lapsed,
without barring further licensure under this act, as follows:
(a) A person, 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) A person, 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 person to enforce the laws
of this state for 1 year.
(c) A person, 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) A person, 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 person to enforce the laws of this state
for 2 years.
(9) The commission shall revoke a license granted under this
section for any of the following and shall promulgate rules
governing these revocations:
(a) The person 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 person obtained the license because another person
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 person has been subjected to an adjudication of guilt
for any 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 person has been subjected to an adjudication of guilt
for violation or attempted violation of any of the following penal
laws of this state or laws of another jurisdiction substantially
corresponding to them:
(i) MCL 750.81(3).
(ii) MCL 750.81a(1).
(iii) MCL 750.81a(2).
(iv) MCL 750.411h(2)(a).
(v) MCL 333.7403(2)(c).
(vi) MCL 333.7404(2)(a).
(vii) MCL 333.7404(2)(b).
(viii) MCL 333.7404(2)(c).
(ix) MCL 257.625(9)(b).
(10) 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 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 person 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.
(11) A person licensed under this section may not exercise the
law enforcement authority described in a written instrument
conferring authority upon the person to enforce the laws of this
state if any of the following occur:
(a) The person's license is rendered void by a court order or
other operation of law.
(b) The person's license is revoked.
(c) The person's license is rendered inactive.
(d) The person's license is rendered lapsed.
Sec.
9c. (1) The commission may investigate alleged violations
of
this act or rules promulgated under this act.
(2)
In conducting an investigation, the commission may hold
hearings,
administer oaths, issue subpoenas, and order testimony to
be
taken at a hearing or by deposition. A hearing held under this
section
shall be conducted in accordance with chapter 4 of the
administrative
procedures act of 1969, 1969 PA 306, MCL 24.271 to
24.287.
A final decision order issued by the commission is subject
to
judicial review as provided by chapter 6 of the administrative
procedures
act of 1969, 1969 PA 306, MCL 24.301 to 24.306.
(3)
The commission may issue a subpoena to do either of the
following:
(a)
Compel the attendance of a witness to testify at a hearing
or
deposition and give testimony.
(b)
Produce books, papers, documents, or other items.
(4)
If a subpoena issued by the commission is not obeyed, the
commission
may petition the circuit court to require the attendance
of
a witness or the production of books, papers, documents, or
other
items. The circuit court may issue an order requiring a
person
to appear and give testimony or produce books, papers,
documents,
or other items. Failure to obey the order of the circuit
court
may be punished by the court as a contempt of court.
(1) This section applies only to persons 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.
(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) Valid operator's or chauffer's license.
(i) Character fitness, as determined by a background
investigation supported by a written authorization and release
executed by the person for whom licensure is sought.
(j) United States citizenship.
(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) Execution of a written oath of office by the chief of
police of a village, city, township, or county law enforcement
agency, conferring authority to enforce the laws of this state.
(3) Licensure under this section shall comply with the
following procedures:
(a) Before executing the oath of office, the chief of police
shall verify that the person to whom the oath is to be administered
complies with the licensing standards.
(b) The chief of police shall execute an oath of office to
authorize the person to enforce the laws of this state.
(c) Within 10 calendar days after executing the oath of
office, the chief of police shall attest in writing to the
commission that the person to whom the oath was administered
complies with the licensing standards, by submitting an executed
affidavit and a copy of the executed oath of office.
(d) If, upon reviewing the executed affidavit and executed
oath of office, the commission determines that the person complies
with the licensing standards, the commission shall grant the person
a license.
(e) If, upon reviewing the executed affidavit and executed
oath of office, the commission determines that the person does not
comply with the licensing standards, the commission may do any of
the following:
(i) Supervise the remediation of errors or omissions in the
affidavit and oath of office.
(ii) Supervise the remediation of errors or omissions in the
screening, procedures, examinations, testing, and other means used
to verify compliance with the licensing standards.
(iii) Supervise additional screening, procedures, examinations,
testing, and other means used to determine compliance with the
licensing standards.
(iv) Deny the issuance of a license and inform the chief of
police.
(f) Upon being informed that the commission has denied
issuance of a license, the chief of police shall promptly inform
the person denied.
(4) A person 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 person of that
authority until the person has been informed of the denial.
(5) A chief of police that has administered an oath of office
to a person under this section shall, with respect to that person:
(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 action taken by the chief of
police that removes the authority conferred by the oath of office,
and restoration of the person'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 person complies with the applicable licensing standards.
(6) A person licensed under this section shall:
(a) Report to the commission criminal charges for offenses for
which that person'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) Report to the commission imposition of a personal
protection order against that person 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.
(7) A license granted under this section is rendered lapsed,
without barring further licensure under this act, as follows:
(a) The person 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 person is subjected to a removal of the authority
conferred by the oath of office, rendering the license lapsed.
(8) The commission shall revoke a license granted under this
section for any of the following and shall promulgate rules
governing these revocations:
(a) The person 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 person obtained the license because another person
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 person has been subjected to an adjudication of guilt
for any 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 person has been subjected to an adjudication of guilt
for violation or attempted violation of any of the following penal
laws of this state or laws of another jurisdiction substantially
corresponding to them:
(i) MCL 750.81(3).
(ii) MCL 750.81a(1).
(iii) MCL 750.81a(2).
(iv) MCL 750.411h(2)(a).
(v) MCL 333.7403(2)(c).
(vi) MCL 333.7404(2)(a).
(vii) MCL 333.7404(2)(b).
(viii) MCL 333.7404(2)(c).
(ix) MCL 257.625(9)(b).
(9) 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 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 person 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.
(10) A person licensed under this section may not exercise the
law enforcement authority described in the oath of office if any of
the following occur:
(a) The person's license is rendered void by a court order or
other operation of law.
(b) The person's license is revoked.
(c) The person's license is rendered lapsed.
Sec.
10. (1) The commission may enter into agreements with
public
or private colleges, universities, or other agencies to
carry
out the intent of this act.
(2)
The commission may impose a reasonable fee for performing
any
service identified in sections 37 to 42 of the private security
business
and security alarm act, 1968 PA 330, MCL 338.1087 to
338.1092,
which shall be payable by the private college or
university
in connection with which the duties are performed. No
fee
shall exceed the commission's actual cost incurred in
performing
agreed-upon duties.
(1) The commission may investigate alleged violations of this
act or rules promulgated under this act.
(2) In conducting an investigation, the commission may hold
hearings, administer oaths, issue subpoenas, and order testimony to
be taken at a hearing or by deposition. A hearing held under this
section shall be conducted in accordance with chapter 4 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to
24.287. A final decision or order issued by the commission is
subject to judicial review as provided by chapter 6 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to
24.306. A petition for judicial review of a final decision or order
of the commission shall be adjudicated only in the circuit court
for Ingham county.
(3) The commission may issue a subpoena to do either of the
following:
(a) Compel the attendance of a witness to testify at a hearing
or deposition and give testimony.
(b) Produce books, papers, documents, or other items.
(4) If a subpoena issued by the commission is not obeyed, the
commission may petition the circuit court to require the attendance
of a witness or the production of books, papers, documents, or
other items. The circuit court may issue an order requiring a
person to appear and give testimony or produce books, papers,
documents, or other items. Failure to obey an order of the circuit
court may be punished by the court as a contempt of court.
(5) The commission has standing to commence an action in the
circuit court for Ingham county to compel compliance with this act
or 1982 PA 302, MCL 18.421 to 18.429, or an administrative rule
promulgated under this act or 1982 PA 302, MCL 18.421 to 18.429.
Sec.
11. (1) The commission may do all 1 or more of the
following:
(a)
Visit and inspect a police training school, or examine the
curriculum
or training procedures of a police training school, for
which
application for approval of the school has been made.
(b)
Issue certificates of approval to police training schools.
(c)
Authorize the issuance of certificates of graduation or
diplomas
by approved police training schools to law enforcement
officers
who have satisfactorily completed minimum courses of
study.
(d)
Cooperate with state, federal, and local police agencies
to
establish and conduct local or area schools, or regional
training
centers for 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)
Establish preservice basic training programs at colleges
and
universities.
(g)
Require an examination for law enforcement officer
certification
under section 9a(1).
(h)
Issue a waiver as provided for under section 9(7), or
9(3)(c),
or 9(3)(h).
(i)
Establish and charge a fee to recover the cost of testing
and
training individuals who are not employed by a Michigan law
enforcement
agency.
(j)
Establish and charge a fee to recover the cost of issuing
and
reissuing certificates for individuals who are certified as law
enforcement
officers in this state.
(2)
Fees charged under subsection (1)(i) and (j) shall be
deposited
in the law enforcement officer training fund created in
section
13.
(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 testing
and training individuals who are not employed by a law enforcement
agency, which shall be deposited in the secondary road patrol and
training fund created in section 629e of the Michigan vehicle code,
1949 PA 300, MCL 257.629e.
(i) Establish and charge a fee to recover the cost of issuing
licenses to persons licensed under this act, which shall be
deposited in the secondary road patrol and training fund created in
section 629e of the Michigan vehicle code, 1949 PA 300, MCL
257.629e.
(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.
Sec. 12. The commission shall appoint an executive director of
the commission. The executive director shall be an employee of the
commission and shall hold office at the pleasure of the commission.
The executive director shall perform the functions and duties that
are assigned to him or her by the commission. The executive
director shall receive compensation and reimbursement for expenses
as
from appropriations provided by appropriation.
Sec.
13. There is created in the state treasury a law
enforcement
officers training fund, from which, the legislature
shall
appropriate sums deemed necessary for the purposes of this
act.
(1) The commission may use money from the secondary road
patrol and training fund created in section 629e of the Michigan
vehicle code, 1949 PA 300, MCL 257.629e, for either of the
following:
(a) The reasonable expenses of performing statutory functions
authorized in this act.
(b) Reimbursement to law enforcement agencies for reasonable
costs incurred in providing education to their employees who are
enrolled in law enforcement training academies for the purpose of
being employed by the agencies as law enforcement officers licensed
under this act.
(2) A law enforcement agency seeking reimbursement from the
secondary road patrol and training fund as described in this
section shall apply using procedures and forms established by the
commission.
Sec.
14. (1) The amounts annually appropriated by the
legislature
from the law enforcement officers training fund shall
be
paid by the state treasurer as follows:
(a)
In accordance with the accounting laws of the state upon
certification
of the executive director to reimburse an amount not
to
exceed the training costs incurred for each officer meeting the
recruitment
standards prescribed pursuant to this act during the
period
covered by the allocation, plus an amount not to exceed the
necessary
living expenses incurred by the officer that are
necessitated
by training requiring that he or she be away from his
or
her residence overnight.
(b)
For the maintenance and administration of law enforcement
officer
testing and certification provided for by this act.
(2)
If the money in the fund to be appropriated by the
legislature
for the training and living expenses described in
subsection
(1) are insufficient to allocate the amount for training
and
living purposes, the amount shall be reduced proportionately.
(3)
An allocation shall not be made from the fund under this
section
to a training agency or to a city, county, township, or
village
or agency of the state that has not, throughout the period
covered
by the allocation, adhered to the standards established by
the
commission as applicable to either training or to personnel
recruited
or trained by the training agency, city, county,
township,
or village or agency of the state during that period.
(4)
Expenditures from the fund to be appropriated by the
legislature
for law enforcement officer testing and certification
described
in subsection (1) shall not exceed the revenue generated
from
fees collected pursuant to section 11(1)(i) and (j).
(1) A person or organization to whom an inquiry is made
concerning a person's compliance with the licensing standards
established in this act shall respond to the inquiry within 45
calendar days.
(2) A person or organization responding to an inquiry
concerning a person's compliance with the licensing standards
established in this act may charge the inquiring party reasonable
fees to cover actual costs for producing information, documents,
and other items requested.
Enacting section 1. Sections 4, 9d, and 16 of the commission
on law enforcement standards act, 1965 PA 203, MCL 28.604, 28.609d,
and 28.616, are repealed.
