SB0092, As Passed House, Sep, 7, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 92

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, 9d, 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, 28.609d, 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, 9c, and 9d 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.

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.~~

~~(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.~~

(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), an individual

employed by a law enforcement agency as 1 or more of the following:

(A) An individual authorized by law, including common law, to

prevent and detect crime and enforce the general criminal laws of

this state. This subdivision does not include an individual

employed solely because he or she occupies any other office or

position.

(B) An individual 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 individual to enforce the laws of this

state.

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 law enforcement agency

created by a public body under section 3 of the public body law

enforcement agency act, 2004 PA 378, MCL 28.583.

(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 department of state

police as described under section 6 of 1935 PA 59, MCL 28.6.

(J) A conservation officer appointed by the department of

state police as provided under section 6a of 1935 PA 59, MCL 28.6a.

(K) A general law township constable elected or appointed to

perform both statutory criminal and civil duties as provided under

section 82 of 1846 RS 16, MCL 41.82.

(L) An officer appointed to a general law township police

department as provided under section 6 of 1951 PA 33, MCL 41.806.

(M) 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.

(N) 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.

(O) A sheriff elected as provided under section 4 of article

VII of the state constitution of 1963 or appointed as provided

under section 11 of article V of the state constitution of 1963.

(P) An undersheriff or deputy sheriff appointed as provided

under section 70 of 1846 RS 14, MCL 51.70.

(Q) 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.

(R) A police officer of a home rule village with the authority

described in sections 22 and 22b of the home rule village act, 1909

PA 278, MCL 78.22 and 78.22b.

(S) A marshal serving as chief of police of a fourth class

city as provided under section 16 of chapter VII of the fourth

class city act, 1895 PA 215, MCL 87.16.

(T) A constable of a fourth class city as authorized under

section 24 of chapter VII of the fourth class city act, 1895 PA

215, MCL 87.24.

(U) A police chief, policeman, or night watchman appointed

under section 1 of chapter XII of the fourth class city act, 1895

PA 215, MCL 92.1.

(V) A police officer or constable as authorized under sections

3 and 32 to 34a of the home rule city act, 1909 PA 279, MCL 117.3

and 117.32 to 117.34a.

(W) 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.

(X) 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, and as authorized under 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.

(Y) A public safety officer granted law enforcement officer

authority and employed by a department of public safety established

under section 1606b of the revised school code, 1976 PA 451, MCL

380.1606b.

(Z) A public safety officer authorized by a community college

as provided under section 128 of the community college act of 1966,

1966 PA 331, MCL 389.128.

(AA) A public safety officer of a public safety office

established by the board of control of Saginaw Valley State

University as provided under section 5a of 1965 PA 278, MCL

390.715a.

(BB) A public safety officer of a higher education institution

authorized under section 1 of 1990 PA 120, MCL 390.1511.

(CC) An investigator appointed by the attorney general as

provided under section 10 of the Medicaid false claim act, 1977 PA

72, MCL 400.610.

(DD) An investigator appointed by the attorney general under

section 35 of 1846 RS 12, MCL 14.35, as described in the opinion of

the attorney general, OAG, 1977 No. 5236 (October 20, 1977).

(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) A railroad police officer appointed, commissioned, and

acting as provided under section 367 of the railroad code of 1993,

1993 PA 354, MCL 462.367.

(GG) An inspector appointed under section 13 of the motor

carrier act, 1933 PA 254, MCL 479.13.

(HH) A law enforcement officer licensed under this act whose

duties are performed in conjunction with a joinder of 2 or more

municipal corporations under 1951 PA 35, MCL 124.1 to 124.13.

(II) A law enforcement officer licensed under this act whose

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.

(JJ) 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.

(KK) 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.

(LL) 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 licensed under section 9d.

(ii) "Law enforcement officer" does not include any of the

following:

(A) An individual authorized to issue citations as a volunteer

as provided under section 675d of the Michigan vehicle code, 1949

PA 300, MCL 257.675d.

(B) A security employee authorized by the director of the

department of state police as provided under section 6c of 1935 PA

59, MCL 28.6c.

section 6d of 1935 PA 59, MCL 28.6d, as qualified under section 5

of 1956 PA 62, MCL 257.955, or as authorized under section 73 of

1990 PA 187, MCL 257.1873.

(D) The director of the department of agriculture or his or

her representative granted peace officer authority as provided in

section 9h of the motor fuels quality act, 1984 PA 44, MCL

290.649h.

(E) An agent employed and authorized under section 27 of the

private security business and security alarm act, 1968 PA 330, MCL

338.1077.

(F) An attendance officer granted the powers of a deputy

sheriff as provided in section 1571 of the revised school code,

Senate Bill No. 92 as amended September 7, 2016

1976 PA 451, MCL 380.1571.

(G) A park and recreation officer commissioned under section

1606(2) of the natural resources and environmental protection act,

1994 PA 451, MCL 324.1606.

(H) A volunteer conservation officer appointed by the

department of natural resources under section 1607 of the natural

resources and environmental protection act, 1994 PA 451, MCL

324.1607.

(I) A state forest officer commissioned under section 83107 of

the natural resources and environmental protection act, 1994 PA

451, MCL 324.83107.

(J) A special deputy appointed under section 70 of 1846 RS 14,

MCL 51.70.

(K) A limited enforcement officer appointed to conduct salvage

vehicle inspections under section 217c of the Michigan vehicle

code, 1949 PA 300, MCL 257.217c, who is not otherwise employed as a

law enforcement officer.

(L) A private security guard or private security police

officer licensed under the private security business and security

alarm act, 1968 PA 330, MCL 338.1051 to 338.1092, or a private

college security officer authorized under section 37 of the private

security business and security alarm act, 1968 PA 330, MCL

338.1087, who is not licensed under section 9d.

(M) The attorney general.

(N) The secretary of state.

(O) A member of a sheriff's posse.

(P) A reserve OFFICER [.

Senate Bill No. 92 as amended September 7, 2016

]

(Q) An officer or investigator of the department of state

designated under section 213 of the Michigan vehicle code, 1949 PA

300, MCL 257.213.

(R) An authorized agent of the state transportation department

or a county road commission performing duties described under

section 724 of the Michigan vehicle code, 1949 PA 300, MCL 257.724.

(S) An enforcement officer of the aeronautics commission

authorized under section 55 of the aeronautics code of the state of

Michigan, 1945 PA 327, MCL 259.55.

(T) A railroad conductor acting under section 3 of 1913 PA 68,

MCL 436.203.

(U) 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, under section

201 of the Michigan liquor control code of 1998, 1998 PA 58, MCL

436.1201.

(V) An individual 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.

(W) An individual 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.

(X) An individual 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.

(Y) An individual 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.

(Z) A marshal appointed under 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. License includes a certificate issued

under this act before the effective date of the amendatory act that

added this definition.

(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 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 individual, or

the law enforcement agency or other governmental agency conferring

law enforcement authority upon the individual, attested to the

commission that the individual complied with the licensing

standards.

(k) "Michigan tribal law enforcement officer" means an

individual 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 individual

to enforce the laws of this state.

(l) ~~(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.

population of more than 600,000, or his or her designee who is a

command officer within that department.

Senate Bill No. 92 as amended September 7, 2016

(d) ~~(c) Nine~~ The following members appointed by the governor,

~~with the advice and consent of~~ subject to the advice and consent of

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 active voting~~

~~members of and submitted~~ nominated by the Michigan ~~association of chiefs~~

~~of police or its successor organization.~~Association of Chiefs of Police.

(ii) Three individuals ~~selected from a list of 6 elected sheriffs~~

~~submitted~~ nominated by the Michigan ~~sheriffs' association or its~~

~~successor organization.~~Sheriffs' Association.

(iii) One individual nominated by the Prosecuting Attorneys

Association of Michigan.

(iv) One individual nominated by the Criminal Defense Attorneys of

Michigan.

(v) One individual nominated by the Michigan State Police Troopers

Association.

(vi) (~~iii~~) One individual ~~selected from a list of 3 names submitted~~

nominated by the Michigan chapter of the ~~fraternal order of the police or~~

~~its successor organization.~~Fraternal Order of Police.

(vii) (iv) One individual ~~selected from a list of 3 names submitted~~

nominated by the ~~police officers association~~ Police Officers Association

of Michigan. ~~or its successor organization.~~

(viii) (v) One individual ~~selected from a list of 3 individuals~~

~~submitted~~ nominated 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

Senate Bill No. 92 as amended September 7, 2016

state.

(ix) One individual nominated by the Police Officers Labor Council

of Michigan.

(x) One individual nominated by the Michigan Association of Police.

(xi) One individual nominated by the Deputy Sheriff's Association of

Michigan.

(xii) One non-law enforcement individual representing the public.

(3) The terms of the members of the commission who were previously

appointed by the governor and serving on the commission on the effective

date of the amendatory act that added this subsection expire on the

effective date of the amendatory act that added this subsection.

(4) Not more than 90 days after the effective date of the

amendatory act that added this subsection, the governor shall appoint

members to the commission as provided in subsection (2)(d).

(5) The governor may appoint any individual meeting the membership

requirements of the organizations listed in subsection (2)(d)(i) to (xii)

if the organization permitted to nominate an individual to the commission

fails to provide a nominee not less than 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.

(6)(4)] ~~(d)~~ An individual selected under ~~subdivision (c)~~

subsection (2)(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.

~~(3) The terms of the members of the law enforcement officers~~

Senate Bill No. 92 as amended September 7, 2016

~~training council expire on the date that all members of the~~

~~commission on law enforcement standards are appointed.~~

[(7)~~(5)~~] Members of the commission appointed or reappointed under

subsection (2)(d)(i) to [(xii)] shall be appointed for a term of 4

years except that, of the members first appointed to the

commission, [6] shall serve for 1 year, 5 shall serve for 2 years,

and 5 shall serve for 3 years.

[(8)~~(6)~~] The expiration dates of appointments under subsection

(2)(d) shall be December 31 of the calendar year in which they

expire.

[(9)~~(7)~~ ]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. The commission may take action

at a meeting upon a vote of the majority of its members who are

present at the meeting.

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, and 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 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.

(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).

(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.

(3) The licensure process under this section shall comply with

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.

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.

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.

(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:

(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).

valid for all purposes described in this act.

(11) A license issued under this section is rendered lapsed,

without barring further licensure under this act, as follows:

(a) An individual, having been employed as a law enforcement

officer for fewer than 2,080 hours in aggregate, is thereafter

continuously not employed as a law enforcement officer for 1 year.

(b) An individual, having been employed as a law enforcement

officer for fewer than 2,080 hours in aggregate, is thereafter

continuously subjected to a removal of the authority conferred by

the oath of office for 1 year.

officer for 2,080 hours or longer in aggregate, is thereafter

continuously not employed as a law enforcement officer for 2 years.

(d) An individual, having been employed as a law enforcement

officer for 2,080 hours or longer in aggregate, is continuously

subjected to a removal of the authority conferred by the oath of

office for 2 years.

(12) The commission shall revoke a license granted under this

section for any of the following circumstances and shall promulgate

rules governing revocations under this subsection:

(a) The individual obtained the license by making a materially

false oral or written statement or committing fraud in an

affidavit, disclosure, or application to a law enforcement training

academy, the commission, or a law enforcement agency at any stage

of recruitment, selection, appointment, enrollment, training, or

licensure application.

(b) The individual obtained the license because another

individual made a materially false oral or written statement or

committed fraud in an affidavit, disclosure, or application to a

law enforcement training academy, the commission, or a law

enforcement agency at any stage of recruitment, selection,

appointment, enrollment, training, or licensure application.

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

Senate Bill No. 92 as amended September 7, 2016

gPA 300, MCL 257.625, if the individual has a prior conviction, as

that term is defined in section 625(25)(b) of the Michigan vehicle

code, 1949 PA 300, MCL 257.625, that occurred within 7 years of the

adjudication as described in section 625(9)(b) of the Michigan

vehicle code, 1949 PA 300, MCL 257.625.

(ii) Sections 7403(2)(c) and 7404(2)(a), (b), and (c) of the

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

(iii) Sections [81(4)] and 81a and a misdemeanor violation of

section 411h of the Michigan penal code, 1931 PA 328, MCL 750.81,

750.81a, and 750.411h.

(13) The following procedures and requirements apply to

license revocation under this section:

(a) The commission shall initiate license revocation

proceedings, including, but not limited to, the issuance of an

order of summary suspension and notice of intent to revoke, upon

obtaining notice of facts warranting license revocation.

(b) A hearing for license revocation shall be conducted as a

contested case under the administrative procedures act of 1969,

1969 PA 306, MCL 24.201 to 24.328.

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.

(d) The individual'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 individuals 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) The licensure process under this section shall comply with

the following procedures:

(a) Not more than 10 calendar days after taking an oath of

office for the office of sheriff in this state, an individual 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 individual has been elected or

appointed to the office of sheriff in this state, the commission

shall grant the individual a license.

commission determines that the individual 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 individual

denied.

(3) 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.

(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 individual's term of office as a sheriff in this state

expires.

section.

(5) 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.

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

Senate Bill No. 92 as amended September 7, 2016

that term is defined in section 625(25)(b) of the Michigan vehicle

code, 1949 PA 300, MCL 257.625, that occurred within 7 years of the

adjudication as described in section 625(9)(b) of the Michigan

vehicle code, 1949 PA 300, MCL 257.625.

(ii) Sections 7403(2)(c) and 7404(2)(a), (b), and (c) of the

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

(iii) Sections [81(4)] and 81a and a misdemeanor violation of

section 411h of the Michigan penal code, 1931 PA 328, MCL 750.81,

750.81a, and 750.411h.

(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, the issuance of an

order of summary suspension and notice of intent to revoke, upon

obtaining notice of facts warranting license revocation.

(b) A hearing for license revocation shall be conducted as a

contested case under the administrative procedures act of 1969,

1969 PA 306, MCL 24.201 to 24.328.

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.

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 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.

(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).

(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.

(3) The licensure process 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

individual complies with the licensing standards.

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.

testing, and other means used to determine compliance with the

licensing standards.

(d) Deny the issuance of a license and inform the law

enforcement agency or other governmental agency conferring

authority to enforce the laws of this state upon an individual to

whom this section applies.

(6) Upon being informed that the commission has denied

issuance of a license, a law enforcement agency or other

governmental agency conferring authority to enforce the laws of

this state upon an individual to whom this section applies shall

promptly inform the individual denied.

(7) An individual denied a license under this section shall

not exercise the law enforcement authority described in a written

instrument conferring authority upon the individual to enforce the

laws of this state. This subsection does not divest the individual

of that authority until the individual has been informed that his

or her license was denied.

(8) A written instrument conferring authority to enforce the

laws of this state upon an individual to whom this section applies

shall 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.

enforcement agency maintain an employment history record.

(d) A requirement that the employing Michigan tribal law

enforcement agency collect, verify, and maintain documentation

establishing that the individual complies with the applicable

licensing standards.

(9) A written instrument conferring authority to enforce the

laws of this state upon an individual to whom this section applies

shall 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:

(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).