Michigan Senate Bill SB0340

Michigan 2025-2026 Regular Session

• Introduced: 5/29/25
• Refer: 5/29/25

Caption

Law enforcement: records; reference to the law enforcement officer separation of service record act in the Bullard-Plawecki employee right to know act; update and include release of provisional service records. Amends secs. 7 & 9 of 1978 PA 397 (MCL 423.507 & 423.509). TIE BAR WITH: SB 339'25

Summary

SB 340 amends Michigan’s Bullard-Plawecki employee right to know act to create specific exceptions for law-enforcement-related personnel record disclosures. Under current law, employers generally must remove disciplinary records older than four years before releasing a personnel file to a third party. This bill keeps that rule in place but clarifies that it does not apply when the release is part of certain law enforcement separation-of-service records, provisional service records, or requests from the Michigan Commission on Law Enforcement Standards, a law enforcement training academy, or a law enforcement agency for licensing and compliance purposes. The bill also revises the act’s rules on separate investigative files. For non-criminal-justice employers investigating suspected employee criminal activity, the bill preserves the requirement to notify the employee when the investigation ends or after two years, and to destroy the file if no discipline is imposed. For criminal justice agencies, it continues to require a confidential investigative file and final-disposition notation when allegations are unfounded or discipline is not taken, but it adds authority to share information with prospective law enforcement employers and with MCOLES when the information is part of a separation-of-service record or provisional service record. The bill is tie-barred to SB 339, meaning it would not take effect unless that companion bill becomes law.

Impact

SB 340 would amend MCL 423.507 and 423.509 to carve out law-enforcement personnel records from the general four-year deletion rule and to expand the circumstances under which investigative and separation-of-service information may be shared. Its practical effect is to make it easier for law enforcement agencies and licensing authorities to access relevant disciplinary and investigative history when evaluating officers, while preserving the existing confidentiality framework for other employers and investigations. The bill primarily affects employers, criminal justice agencies, MCOLES, law enforcement training academies, and prospective law enforcement employers.

Sentiment

The available context suggests the bill is generally supportive and administrative in tone, aimed at aligning the employee-right-to-know act with newer law-enforcement recordkeeping statutes. Because there are no recorded committee transcripts or votes in the provided material, there is no direct evidence of debate or opposition in the record supplied. The bill’s tie-bar to SB 339 indicates it is part of a broader package and likely intended to work in tandem with related reforms.

Contention

The main point of potential contention is the balance between officer privacy and public-safety or hiring transparency. Supporters would likely favor the bill’s expanded access to separation-of-service and provisional service records for screening and licensing purposes, while critics could object that it broadens disclosure of disciplinary or investigative information beyond the usual four-year limit and may affect employee confidentiality. Another possible issue is the special treatment of criminal justice agencies, which are subject to more detailed disclosure and record-retention rules than other employers.