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SB 339

Relating to Sudden Oak Death; declaring an emergency.

2025 Regular Session Introduced by David Smith

Renames and expands the act to require separation and provisional officer records standardize contents, give officers review/correction rights, and speed notices to hiring agencies.

In committee upon adjournment.
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Bill Summary · SB 339

SB 339 — Law Enforcement Officer Service Records Act (revise)

Status: Introduced Feb 12, 2025; referred to Committee on Civil Rights, Judiciary, and Public Safety
Subject: Law enforcement records (amends 2017 PA 128; MCL 28.561 et seq.)

Summary
SB 339 revises the current “Law Enforcement Officer Separation of Service Record Act,” renames it the “Law Enforcement Officer Service Records Act,” reorganizes the statute into multiple articles, and adds new requirements for creation, contents, notice, review, and release of service records (both finalized separation records and provisional records). The bill is intended to standardize and expand the records that former and current employing law enforcement agencies maintain and provide to prospective hiring agencies while creating a process for officers to review and seek correction or to attach a response.

Key provisions and changes
- Renaming and reorganization
- Renames the Act to the “Law Enforcement Officer Service Records Act.”
- Designates existing sections 1–2 as Article 1 (definitions) and sections 3–5 as Article 2 (separation records), and adds Articles 3 and 4 (provisional records and related procedures).

  • Definitions

    • Clarifies covered “law enforcement officer” as individuals licensed or previously employed as licensed/certified officers under MCOLES (Michigan Commission on Law Enforcement Standards).

  • Separation of service records (Article 2)

    • Requires a former employing agency to create and maintain a separate “separation of service” record for each officer who separates from service (in addition to existing employment-history records).
    • Records must use a form prescribed by MCOLES and must include reasons and all circumstances surrounding separation, including any disciplinary processes or investigations that were active within 1 year before separation.
    • Finalization and notice timelines:
    • Agency must finalize the separation record within 5 business days of separation.
    • Within 3 days after finalization, agency must mail written notice to the separated officer advising that the record is finalized, that the officer may review it, and that the officer may dispute its accuracy.
    • Officer review and correction process:
    • Officer may request the record for review; agency must provide it within 3 days of request.
    • Officer has 7 calendar days after receipt to request correction or a disclaimer; the agency and officer then have 7 days to agree on a supplement.
    • If no agreement, the officer may submit a written statement explaining their position within 21 days; that statement must be retained with the record and provided to any recipient of the record.

  • Provisional service records (Article 3)

    • Allows a current employing agency to create and maintain a provisional service record upon receipt of a waiver from an officer who is seeking reemployment.
    • The bill moves the timing of an applicant’s waiver: a separated officer seeking reemployment must provide the prospective agency with a waiver at application (not only upon a conditional offer).
    • Employers may release information about investigations of suspected criminal activity to prospective employing law enforcement agencies if that information is included in a provisional record.

  • Forms and oversight

    • MCOLES must prescribe the form/format for separation and provisional records.

  • Relation to other laws / tie‑ins

    • The bill is tie‑barred to companion legislation (SB 340) that would amend the Employee Right to Know Act to limit certain deletion requirements (e.g., the four‑year deletion rule for disciplinary records) with respect to provisional records created under this bill.
    • Committee material indicates the bills together adjust when employers must delete or withhold certain older disciplinary items before third‑party release.

Who is affected
- Current and former law enforcement officers licensed/certified under MCOLES.
- Former and current employing law enforcement agencies (local, county, state).
- Prospective employing law enforcement agencies receiving records during background checks.
- MCOLES (responsible for prescribing forms).
- Potentially employers generally when records intersect with employee‑record disclosure rules (via SB 340).

Procedural / timeline details
- Agencies must finalize separation records within 5 business days of separation and notify the officer within 3 days of finalization.
- Officers have a structured review and dispute timeline: request to review (agency must respond within 3 days), 7 days to request correction, 7 days for agency/officer to agree on supplement, and if no agreement, officer may attach a 21‑day written statement to the record.
- The bill passed preliminary committee steps and was referred to the Civil Rights, Judiciary, and Public Safety Committee for further consideration. Committee reports estimate a moderate fiscal impact on state and local law enforcement agencies (recordkeeping and procedural implementation), largely supportable with existing resources.

Potential impacts / considerations
- Increases standardization and transparency of separation and provisional employment records used in law‑enforcement hiring.
- Facilitates information sharing between employers and prospective agencies (earlier waiver timing; provisional records).
- Adds procedural protections for officers (timely notice, review, correction process, and the ability to attach a written statement).
- May raise administrative burdens and modest additional costs for agencies to create, finalize, notify, and maintain records and to comply with new timelines.
- Interacts with other statutes governing personnel record disclosure (Employee Right to Know Act) via companion legislation.

For more detail
- The bill text prescribes specific timelines, content requirements, and duties for MCOLES and agencies; consult the introduced bill (MCL amendments to 2017 PA 128) and committee analyses for full statutory language and any subsequent amendments.

Compiled from official sources — confirm details with the bill’s official record.

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