AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- EMINENT DOMAIN
HB 6112 updates MCOLES licensing: requires fingerprinting, verified pre-employment checks, agency oath attestations, and expanded commission power to remediate or deny licensure.
HB 6112 updates MCOLES licensing: requires fingerprinting, verified pre-employment checks, agency oath attestations, and expanded commission power to remediate or deny licensure.
Title: Law enforcement: employment; licensing requirements under the Michigan Commission on Law Enforcement Standards Act; update. (Amends sections 9, 9a, 9b, 9c, 9d & 11 of 1965 PA 203 (MCL 28.609 et seq.); adds sections 9f and 9g.)
Status & procedural timeline
- Introduced: November 14, 2024 (Rep. Donavan McKinney).
- Substitute (H‑1) reported with recommendation: December 10, 2024.
- Referred to second reading: December 10, 2024.
- Latest recorded action: January 22, 2025 — referred to Joint Committee on Housing.
(Committee referrals and further floor action pending.)
Purpose / intent
- Update and clarify the licensure and employment procedures for Michigan law enforcement officers under the Michigan Commission on Law Enforcement Standards (MCOLES) Act.
- Standardize licensing rules, require verified pre‑employment steps and background checks, and strengthen the commission’s review and remedial authority.
Key provisions and changes
- Scope: Section 9 (as amended) applies to all law enforcement officers except those covered by sections 9a–9d; it incorporates new procedural requirements and references newly added sections 9e, 9f (and adds 9g).
- Rulemaking: Directs the commission to adopt licensing rules covering:
- Training pathways (agency academy, preservice college academy, regional academy) or recognition of prior training/experience (waiver);
- Licensing exam proficiency; physical ability; psychological fitness; education; reading/writing proficiency; minimum age; driver’s license requirements; character fitness via a comprehensive background investigation and a commission‑prescribed release/waiver form; whether U.S. citizenship is required; and the form/content of the written oath of office.
- Fingerprinting: Individuals seeking admission to prescribed academies or recognition programs must submit to fingerprinting (ties into amended section 11).
- Employer verification and oath:
- Before administering an oath, employing agencies must verify an applicant meets licensing standards (with limited exceptions for previously licensed officers).
- Agencies must review separation‑of‑service records when applicable (per the Law Enforcement Officer Separation of Service Record Act).
- Agencies must require the officer to execute a written oath of office.
- Agency attestation and timelines:
- Within 10 calendar days after the oath, the employing agency must file an executed affidavit, a copy of the oath, and any other commission‑required documents attesting the individual satisfies licensing standards.
- Commission review and remedies:
- The commission reviews submitted documents, may request background investigation copies, and grants a license if standards are met.
- If standards are not met, the commission may supervise remediation of documentation or investigative deficiencies, require additional screening/exams, impose conditional remediation terms, or deny licensure.
- A conditional license may be granted if the individual agrees to additional requirements and to relinquish the license if they fail to comply.
- Individuals denied licensure cannot exercise law enforcement authority after being informed of the denial.
- Additions: Adds sections 9f and 9g to the act (text not included in the excerpt), and updates cross‑references in section 11 (fingerprinting).
Who is affected
- Current and prospective Michigan law enforcement officers (state, county, municipal, and tribal agencies where MCOLES licensing applies).
- Employing law enforcement agencies required to verify standards, execute oaths, and attest to the commission.
- The Michigan Commission on Law Enforcement Standards (MCOLES), which gains clarified authority to adopt rules, review attestations, request documentation, and supervise remediation or deny licensure.
- Police academies and training programs (agency, college, regional) and entities handling separation‑of‑service records and background checks.
Practical impact
- Strengthens statewide consistency in officer licensure and pre‑employment vetting.
- Adds procedural timelines (10‑day attestation) and formalizes documentation requirements for agencies.
- Expands the commission’s remedial and conditional licensing authority, potentially reducing immediate hiring where standards are unresolved but allowing supervised remediation in some cases.
- May increase administrative workload for employing agencies and MCOLES (background investigations, attestations, record submissions).
Notes
- The substitute updates statutory language and adds new sections whose full content will further specify responsibilities (9f, 9g).
- Exact policy impacts will depend on the commission’s implementing rules and the content of the added sections once published.
Compiled from official sources — confirm details with the bill’s official record.
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