HB-6204, As Passed House, December 2, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 6204

                                                                             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:

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

2   fee, a person is qualified to receive a license as an examiner              

3   upon fulfilling the following:                                              

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

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

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

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

8   including parole, probation, or actual incarceration.                       

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

10  subsection (2):                                                             

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

1   from an accredited college or university, with such academic                

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

3   academic minor areas which the board determines to be suitable              

4   for and related to specialization as an examiner.                           

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

6   accredited high school and at least 5 years of continuous                   

7   investigative experience with a recognized governmental law                 

8   enforcement or governmental investigative agency.                           

9   After December 31, 1974, all applicants shall have received                 

10  at least 60 semester hours of academic credit at the college                

11  level, or its equivalent, from an accredited college or                     

12  university, and after December 31, 1979, all applicants shall               

13  have received an academic degree, at least at the baccalaureate             

14  level, from an accredited college or university, with such                  

15  academic degree to include specialized study in 1 academic major,           

16  or 2 academic minor areas which the board determines to be                  

17  suitable for and related to specialization as an examiner.

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

19                                                                               (i)  Who has Has satisfactorily completed an internship                             

20  training program approved by the board.                                     

21      (ii)  Who satisfies Satisfies the board that he or she has                  

22  training or experience equivalent to such an internship training            

23  program.                                                                    

24      (f)  Who furnishes Furnishes the board with satisfactory                   

25  proof that he or she has suitable experience in the personal                

26  administration of polygraph examinations during  his an

27  internship, or its equivalent.                                              

1       (g)  Who furnishes Furnishes the board with  completed                     

2   fingerprint cards in duplicate a completed fingerprint card,               

3   bearing the applicant's fingerprints and such other identifying             

4   information or certification as to  the their authenticity                 

5   thereof  as the board may reasonably require and arranges for              

6   the conduct of a criminal history check that fails to demonstrate           

7   ineligibility under this section.  The board shall submit the               

8   applicant's fingerprints along with the appropriate state and               

9   federal fees to the department of state police for a criminal               

10  history check.  The department of state police may then forward             

11  the fingerprints to the federal bureau of investigation for a               

12  criminal history check.  The fee shall be paid by the applicant             

13  and shall accompany the submission of the fingerprints to the               

14  board.  The information obtained as a result of the criminal                

15  history check of an applicant shall be limited to officially                

16  determining the character and fitness of the applicant for                  

17  licensing purposes.

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

19  or its equivalent, refused, revoked, suspended or otherwise                 

20  invalidated for cause duly shown which would also represent                 

21  lawful grounds for revoking or denying applicant's license under            

22  this act.                                                                   

23      (i)  Where Upon reasonable investigation, satisfies the                    

24  board that no substantial derogatory information exists regarding           

25  applicant's loyalty, honesty, or integrity as would reasonably              

26  and prudently justify denying him or her a license.                         

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

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

2   ballot for the general elections in this state for at least 6               

3   calendar months immediately  prior to before the date of  his

4   the application; or any combination of these 2 requirements                 

5   which that totals at least 6 calendar months.                             

6       (k)  Who has Has satisfactorily passed required qualifying                 

7   examinations conducted by the board, or under its supervision, to           

8   determine his or her competency to obtain a license to practice             

9   as an examiner; but the applicant first shall have satisfied all            

10  the other requirements in this section before taking such a

11  qualifying examination.                                                     

12  (2) After December 31, 1974, all applicants shall have                      

13  received at least 60 semester hours of academic credit at the               

14  college level, or its equivalent, from an accredited college or             

15  university, and after December 31, 1979, all applicants shall               

16  have received an academic degree, at least at the baccalaureate             

17  level, from an accredited college or university, with such                  

18  academic degree to include specialized study in 1 academic major,           

19  or 2 academic minor areas which the board determines to be                  

20  suitable for and related to specialization as an examiner.