SB-0137, As Passed Senate, March 15, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 137

     A bill to amend 1972 PA 295, entitled

"Forensic polygraph examiners act,"

by amending section 10 (MCL 338.1710).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 10. (1) Upon application and payment of the required fee,

a person fulfilling the following is qualified to receive a license

as an examiner:

     (a)  Who is Is at least 18 years of age.

     (b)  Who is Is a citizen of the United States.

     (c)  Who has Has not been under sentence for the commission

of a felony within 5 years prior to his or her application,

including parole, probation, or actual incarceration.

     (d)  Who has Has either 1 of the following, subject to

subsection (2):

     (i) An academic degree, at least at the baccalaureate level,

from an accredited college or university, with such  an academic

degree to include specialized study in 1 academic major, or 2

academic minor areas which  that the  board  department determines

to be suitable for and related to specialization as an examiner.

     (ii) A high school diploma or its equivalent from an accredited

high school and at least 5 years of continuous investigative

experience with a recognized governmental law enforcement or

governmental investigative agency.

      After December 31, 1974, all applicants shall have received

at least 60 semester hours of academic credit at the college level,

or its equivalent, from an accredited college or university, and

after December 31, 1979, all applicants shall have received an

academic degree, at least at the baccalaureate level, from an

accredited college or university, with such academic degree to

include specialized study in 1 academic major, or 2 academic minor

areas which the board determines to be suitable for and related to

specialization as an examiner.

     (e)  Who has Has either 1 of the following:

     (i)  Who has Has satisfactorily completed an internship

training program approved by the  board  department.

     (ii)  Who satisfies Satisfies the  board  department that he

or she has training or experience equivalent to such an internship

training program described in subparagraph (i).

     (f)  Who furnishes Furnishes the  board  department with

satisfactory proof that he or she has suitable experience in the

personal administration of polygraph examinations during  his an

internship, or its equivalent.

     (g)  Who furnishes Furnishes the  board  department with

completed fingerprint cards in duplicate a completed fingerprint

card, bearing the applicant's fingerprints and such other

identifying information or certification as to  the their

authenticity  thereof  as the  board  department may reasonably

require and arranges for the conduct of a criminal history check

that fails to demonstrate ineligibility under this section. The

department shall submit the applicant's fingerprints along with the

appropriate state and federal fees to the department of state

police for a criminal history check. The department of state police

may then forward the fingerprints to the federal bureau of

investigation for a criminal history check. The fee shall be paid

by the applicant and shall accompany the submission of the

fingerprints to the department. The information obtained as a

result of the criminal history check of an applicant shall be

limited to officially determining the character and fitness of the

applicant for licensing purposes.

     (h)  Who has Has not previously had an examiner's license, or

its equivalent, refused, revoked, suspended or otherwise

invalidated for cause duly shown which  a reason that would also

represent lawful grounds for revoking or denying applicant's

license under this act.

     (i)  Where Upon reasonable investigation, satisfies the board

department that no substantial derogatory information exists

regarding applicant's loyalty, honesty, or integrity as would

reasonably and prudently justify denying him or her a license.

     (j)  Who has Has continuously resided in this state or has

been continuously eligible to apply for an absentee voter's ballot

for the general elections in this state for at least 6 calendar

months immediately  prior to before the date of  his the

application; or any combination of these 2 requirements  which

that totals at least 6 calendar months.

     (k)  Who has Has satisfactorily passed required qualifying

examinations conducted by the  board  department, or under its

supervision, to determine his or her competency to obtain a license

to practice as an examiner, ; but except that the applicant first

shall have satisfied all the other requirements in this section

before taking such a qualifying examination.

(2) All applicants shall have received an academic degree, at

least at the baccalaureate level, from an accredited college or

university, with such academic degree to include specialized study

in 1 academic major, or 2 academic minor areas that the department

determines to be suitable for and related to specialization as an

examiner.