SENATE BILL No. 93

 

 

February 10, 2015, Introduced by Senators SCHUITMAKER, NOFS and O'BRIEN and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1982 PA 302, entitled

 

"An act to create the Michigan justice training commission and the

Michigan justice training fund; to provide the powers and duties of

certain state agencies; to provide for the distribution and

expenditure of funds; and to provide for the promulgation of

rules,"

 

by amending sections 1, 2, 3, 4, 5, 6, 8, and 9 (MCL 18.421,

 

18.422, 18.423, 18.424, 18.425, 18.426, 18.428, and 18.429),

 

sections 1, 2, 3, 4, 5, and 6 as amended and section 9 as added by

 

1989 PA 158, and by adding sections 7, 8a, and 10.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Alcoholic liquor" means that term as defined in section 2

 

of the Michigan liquor control act, Act No. 8 of the Public Acts of

 

the Extra Session of 1933, being section 436.2 of the Michigan

 

Compiled Laws.

 


     (b) "Eligible entity" means a city, village, township, county,

 

junior college, community college, state supported college or

 

university, or the department of state police.

 

     (c) "Fund" means the Michigan justice training fund created in

 

section 5.

 

     (d) "In-service criminal justice training" means a criminal

 

justice educational program presented by an agency or entity

 

eligible to receive funds pursuant to this act or by a contractual

 

service provider hired by the agency or entity eligible to receive

 

funds pursuant to this act, including a course or package of

 

instruction provided to an eligible trainee for the payment of a

 

fee or tuition, or education or training presented through the use

 

of audio-visual materials, which program, education, or training is

 

designed and intended to enhance the direct delivery of criminal

 

justice services by eligible employees of the agency or entity.

 

     (e) "MLEOTC certified police officer" means an individual

 

certified as a police officer under the Michigan law enforcement

 

officers training council act of 1965, Act No. 203 of the Public

 

Acts of 1965, being sections 28.601 to 28.616 of the Michigan

 

Compiled Laws.

 

     (f) "Professional association" means a national, state, or

 

local police union, or an association or fraternal organization of

 

police officers, correctional officers, or prosecuting attorneys.

 

     (g) "State or local agency" means any of the following:

 

     (i) An agency, department, division, bureau, board, commission,

 

council, or authority of the state or of a city, village, township,

 

or county.

 


     (ii) A state supported college or university.

 

     (iii) A community college or junior college.

 

     (iv) Any agency or entity of the judicial branch of government

 

of this state.

 

     (a) "Alcoholic liquor" means that term as defined in section

 

105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL

 

436.1105.

 

     (b) "Commission" means the Michigan commission on law

 

enforcement standards created in section 3 of the Michigan

 

commission on law enforcement standards act, 1965 PA 203, MCL

 

28.603, or, by the express delegation of the Michigan commission on

 

law enforcement standards, its executive director and staff.

 

     (c) "Criminal justice in-service training" means a criminal

 

justice program that includes education or training that is

 

designed and intended to enhance the direct delivery of criminal

 

justice services by participants who are authorized to receive

 

education or training as provided in this act.

 

     (d) "Eligible entity" means a governmental agency of the

 

executive branch of this state or a subdivision of this state that

 

is established and maintained in accordance with the laws of this

 

state and that is authorized by the laws of this state to employ or

 

appoint law enforcement officers licensed under sections 9 and 9a

 

of the Michigan commission on law enforcement standards act, 1965

 

PA 203, MCL 28.609 and 28.609a.

 

     (e) "Grant awards" means funds paid to grantees from the

 

Michigan justice training fund as provided in this act.

 

     (f) "Grantee" means an entity eligible to receive grant awards

 


from the Michigan justice training fund, including any of the

 

following or a combination of any of the following:

 

     (i) An agency, department, division, bureau, board, commission,

 

council, or authority of this state or of a city, village,

 

township, or county.

 

     (ii) A state-supported college or university.

 

     (iii) A community college.

 

     (iv) Any agency or entity of the judicial branch of government

 

of this state.

 

     (g) "Law enforcement agency" means an entity that is

 

established and maintained in accordance with the laws of this

 

state and that is authorized by the laws of this state to appoint

 

or employ law enforcement officers.

 

     (h) "Law enforcement distribution" means funds paid to

 

eligible entities as provided in this act.

 

     (i) "Law enforcement officer" means an individual licensed

 

under the Michigan commission on law enforcement standards act,

 

1965 PA 203, MCL 28.601 to 28.614.

 

     (j) "MCOLES information and tracking network" means the

 

commission's web-enabled information system for the licensing,

 

reporting, and tracking of personnel and training records for

 

Michigan law enforcement officers.

 

     (k) "Michigan justice training fund" means the Michigan

 

justice training fund created in this act.

 

     (l) "Professional association" means a national, state, or

 

local police union, or an association or fraternal organization of

 

police officers, correctional officers, or prosecuting attorneys.

 


     Sec. 2. (1) The Michigan justice training commission is

 

created within the department of management and budget. The

 

commission shall consist of the following members:

 

     (a) The director of the department of state police or his or

 

her representative.

 

     (b) The president of the prosecuting attorneys' association of

 

Michigan or his or her representative.

 

     (c) The president of the Michigan sheriffs' association or his

 

or her representative.

 

     (d) The president of the Michigan association of chiefs of

 

police or his or her representative.

 

     (e) One person appointed by the governor who is employed by a

 

police agency employing at least 20% of the police officers in this

 

state.

 

     (f) The president of the Michigan state police troopers

 

association or his or her representative.

 

     (g) One person appointed by the governor who has been elected

 

by police officers other than police officers in administrative or

 

managerial positions, representing the interests of police officers

 

other than police officers in administrative or managerial

 

positions.

 

     (h) The president of the criminal defense attorneys of

 

Michigan or his or her representative.

 

     (2) The commission shall elect a chairperson annually from

 

among the members of the commission. A person shall not serve more

 

than 2 consecutive years as chairperson.

 

     (3) The members of the commission shall be reimbursed for

 


actual expenses, including travel expenses, from the fund. Members

 

of the commission shall not be reimbursed for expenditures for

 

alcoholic liquor, or for meal expenditures in excess of the per

 

diem meal expenditures authorized for members of the state civil

 

service.

 

     (4) The business which the commission may perform shall be

 

conducted at a public meeting of the commission held in compliance

 

with the open meetings act, Act No. 267 of the Public Acts of 1976,

 

as amended, being sections 15.261 to 15.275 of the Michigan

 

Compiled Laws. Public notice of the time, date, and place of the

 

meeting shall be given in the manner required by Act No. 267 of the

 

Public Acts of 1976, as amended.

 

     (5) The commission shall not perform any function authorized

 

under section 3 without the affirmative votes of 5 members of the

 

commission.

 

     (1) The Michigan justice training fund is created in the state

 

treasury.

 

     (2) The Michigan justice training fund shall only be used as

 

provided in this act.

 

     (3) Investment earnings derived from Michigan justice training

 

fund assets shall be deposited into the Michigan justice training

 

fund.

 

     (4) The commission shall use the Michigan justice training

 

fund for the following purposes:

 

     (a) Making law enforcement distributions as provided in this

 

act.

 

     (b) Paying the reasonable expenses of providing staff services

 


to the commission for administering and enforcing the statutory

 

requirements of this act, and administering and enforcing the

 

statutory requirements of the Michigan commission on law

 

enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.

 

     (c) Awarding grants as provided in this act.

 

     (5) Funds in the Michigan justice training fund that are not

 

distributed in a fiscal year and that were to be distributed as law

 

enforcement distributions shall remain in the Michigan justice

 

training fund and may be used in future years for purposes of law

 

enforcement distributions.

 

     (6) Funds in the Michigan justice training fund that are not

 

distributed in a fiscal year and that were to be used for the

 

reasonable expenses of providing staff services to the commission

 

for administering and enforcing the statutory requirements of this

 

act and administering and enforcing the statutory requirements of

 

the Michigan commission on law enforcement standards act, 1965 PA

 

203, MCL 28.601 to 28.615, shall remain in the Michigan justice

 

training fund and may be used in future fiscal years for those

 

purposes.

 

     (7) Funds in the Michigan justice training fund that are not

 

distributed in a fiscal year and that were to be distributed to

 

fund current or future grant awards shall remain in the Michigan

 

justice training fund and may be used in future fiscal years for

 

that purpose.

 

     Sec. 3. The commission shall do all of the following, with the

 

assistance of the department of management and budget:

 

     (a) Annually distribute 60% of the fund to eligible entities

 


not including the money in the fund pursuant to section 5(2). An

 

eligible entity receiving a distribution under this subdivision

 

shall expend the distribution only for the in-service criminal

 

justice training of its police officers. An eligible entity that

 

uses money received under this subdivision shall maintain detailed

 

records of the actual costs associated with the preparation for,

 

the administration of, and the actual conducting of the training

 

program. Use of money received under this subdivision for the

 

payment of unreasonable or duplicative costs, as determined by the

 

commission, shall result in the forfeiture of the money received by

 

the eligible entity under this subdivision. Money distributed to an

 

eligible entity which is not expended in the fiscal year of the

 

distribution shall only be expended by the eligible entity for the

 

in-service criminal justice training of its police officers in

 

future fiscal years. An eligible entity receiving a distribution

 

pursuant to this subdivision shall use the entire distribution for

 

the in-service criminal justice training of its police officers

 

within 2 years after receiving the distribution. If the eligible

 

entity fails or refuses to use the entire distribution for the in-

 

service criminal justice training of its police officers within 2

 

years after receiving the distribution, the eligible entity shall

 

not be eligible to receive additional distributions pursuant to

 

this subdivision until the prior distribution is used for the in-

 

service criminal justice training of its police officers. A

 

distribution made under this subdivision shall serve as a

 

supplement to, and not as a replacement for, the funds budgeted on

 

October 12, 1982, by an eligible entity for the in-service criminal

 


justice training of its police officers. The distribution shall be

 

made in 2 semiannual installments on dates determined by the

 

commission and shall be expended only for the direct costs of the

 

in-service criminal justice training of police officers. The funds

 

shall be distributed on a per capita basis to eligible entities

 

based upon the number of full-time equated sworn MLEOTC certified

 

police officers employed. Each eligible entity shall receive a

 

minimum distribution of $500.00. For purposes of this subdivision,

 

the number of full-time equated sworn MLEOTC certified police

 

officers shall be determined by dividing the total number of paid

 

work hours actually worked by sworn MLEOTC certified police

 

officers in the eligible entity's fiscal year by 2,080 hours,

 

rounded down to the nearest whole number. For each year, the

 

percentage of police officers who provide direct police service

 

receiving training under this act shall be equal to or greater than

 

the percentage of police officers who are in full-time

 

administrative positions receiving training under this act.

 

     (b) Annually distribute through a competitive grant process

 

the balance of the fund after making the distributions required in

 

subdivisions (a) and (d) and the expenditures required under

 

section 2(3). In distributing money from the fund, the commission

 

shall consider the quality and cost effectiveness of the training

 

programs of applicants for funds and the criminal justice needs of

 

this state. Money shall not be distributed under this subdivision

 

to a professional association. In distributing money from the fund,

 

the commission shall attempt to provide equity in funding for

 

training programs for prosecutors and assigned criminal defense

 


counsel. A state or local agency that uses money received under

 

this subdivision shall maintain detailed records of the actual

 

costs associated with the preparation for, the administration of,

 

and the actual conducting of the training program. Use of money

 

received under this subdivision for the payment of unreasonable or

 

duplicative costs, as determined by the auditor general or the

 

commission, shall result in the forfeiture of the money received by

 

the state or local agency under this subdivision. Grants under this

 

subdivision shall be distributed only to the following:

 

     (i) State or local agencies for the purpose of providing in-

 

service criminal justice training programs to employees of those

 

state or local agencies. A distribution made under this

 

subparagraph shall serve as a supplement to, and not as a

 

replacement for, the funds budgeted on October 12, 1982, by a state

 

or local agency for in-service criminal justice training.

 

     (ii) State or local agencies providing criminal justice

 

training to the employees or the contractual service providers of

 

other state or local agencies. A distribution made under this

 

subparagraph shall be used to enhance and increase, but not

 

supplant, the amount of local, federal, and other state funds that,

 

in the absence of money from the Michigan justice training fund,

 

are available for criminal justice training. As used in this

 

subparagraph, "criminal justice training" means training which is

 

designed and intended to enhance the direct delivery of criminal

 

justice services by employees of state or local agencies; which is

 

not required minimum basic training for police officers or initial

 

training for other employees; and which is any of the following:

 


     (A) A criminal justice educational program presented by the

 

state or local agency or by a contractual training provider hired

 

by the agency.

 

     (B) A criminal justice course or package of instruction

 

provided to an eligible trainee for the payment of a fee or

 

tuition.

 

     (C) Self-education presented through the use of audio-visual

 

materials.

 

     (c) Promulgate rules pursuant to the administrative procedures

 

act of 1969, Act No. 306 of the Public Acts of 1969, as amended,

 

being sections 24.201 to 24.328 of the Michigan Compiled Laws,

 

which prescribe the procedures by which the commission shall

 

distribute money from the fund.

 

     (d) Annually distribute an amount from the fund to the

 

department of management and budget to cover the reasonable

 

expenses of providing staff services to the commission, and to

 

cover the expense of maintaining a register of available criminal

 

justice training programs in this state.

 

     (1) The commission shall conduct an annual registration of law

 

enforcement agencies to verify each agency's roster of full-time

 

and part-time law enforcement officers, and the number of hours for

 

which they were compensated for employment as law enforcement

 

officers in the most recent elapsed calendar year. For purposes of

 

the law enforcement distribution, the reported hours of

 

compensation shall be capped at 2,080 hours for any individual

 

officer.

 

     (2) As part of the annual registration, each law enforcement

 


agency shall indicate to the commission whether it elects to

 

receive law enforcement distributions for the current year. An

 

agency that elects not to receive law enforcement distributions

 

shall not receive them for the current year but must comply with

 

all applicable requirements of this act until all previously

 

received law enforcement distribution funds have been expended or

 

returned as required in this act.

 

     (3) The commission shall annually distribute 60% of the

 

Michigan justice training fund for law enforcement distributions,

 

in 2 semiannual installments, on dates determined by the

 

commission.

 

     (4) The law enforcement distribution shall be made on a per

 

full-time equated basis to eligible entities based on the number of

 

full-time equated law enforcement officers employed. For purposes

 

of this subsection, the number of full-time equated law enforcement

 

officers shall be determined by dividing the total number of hours

 

reported by the eligible entity during the annual registration for

 

which the eligible entity's full-time and part-time law enforcement

 

officers were compensated for employment as law enforcement

 

officers in the most recent elapsed calendar year by 2,080 hours,

 

rounded down to the nearest whole number greater than or equal to

 

1.

 

     (5) If the Michigan justice training fund has sufficient

 

funds, an eligible entity whose number of full-time equated law

 

enforcement officers does not support a minimum annual distribution

 

of $500.00 shall receive a minimum annual distribution of $500.00.

 

     (6) For each year, the percentage of law enforcement officers

 


who provide direct law enforcement service receiving training under

 

this act shall be equal to or greater than the percentage of law

 

enforcement officers who are in full-time administrative positions

 

receiving training under this act.

 

     Sec. 4. (1) Distributions of money under this act shall not be

 

expended for any of the following:

 

     (a) Criminal justice training conducted by a training provider

 

not based in this state unless the training event has first been

 

approved by the commission.

 

     (b) Criminal justice training not located in this state,

 

unless the training event has first been approved by the

 

commission.

 

     (c) Criminal justice training in another country.

 

     (d) Meal expenditures in excess of the per diem meal

 

expenditures authorized for civil service employees.

 

     (e) Purchasing alcoholic liquor.

 

     (f) Travel costs to participate in criminal justice training,

 

unless the criminal justice training program is for the sole

 

purpose of training or offers not less than 6 hours of qualifying

 

training within any 24-hour period.

 

     (g) The publication of a newsletter.

 

     (2) The commission shall not approve any out-of-state training

 

program unless the eligible entity requesting approval of the

 

training program has exhausted all reasonable efforts to locate a

 

similar training program in this state, and the commission is

 

satisfied that a similar training program is not available in this

 

state.

 


     (1) Funds received from a law enforcement distribution shall

 

be deposited and maintained in an account separate from all other

 

funds.

 

     (2) An eligible entity shall expend funds from a law

 

enforcement distribution only for the following purposes:

 

     (a) Criminal justice in-service training that is designed and

 

intended to enhance the direct delivery of criminal justice

 

services by law enforcement officers.

 

     (b) Direct costs, including all of the following:

 

     (i) The actual cost of training materials necessary to, and

 

used solely during, the direct delivery of criminal justice in-

 

service training.

 

     (ii) The reasonable rental cost or purchase price of equipment

 

necessary to and used solely during the direct delivery of criminal

 

justice in-service training. An eligible entity shall not make an

 

equipment purchase that exceeds $5,000.00 or 10% of its annual law

 

enforcement distribution without prior written approval of the

 

commission.

 

     (iii) The rental of training facilities, only if adequate

 

facilities owned or operated by the eligible entity are not

 

available.

 

     (iv) A flat rate, tuition, or subscription paid to a training

 

provider, other than the eligible entity, for the delivery of

 

criminal justice in-service training as provided under this act,

 

only if the training is registered through the MCOLES information

 

and tracking network before the dates on which the training is

 

conducted.

 


     (c) The costs incurred to participate in a criminal justice

 

in-service training program, subject to the following restrictions:

 

     (i) For tuition costs for in-state criminal justice in-service

 

training, only if the training course is registered through the

 

MCOLES information and tracking network before the dates on which

 

the training is conducted.

 

     (ii) For in-state criminal justice in-service training

 

participant travel reimbursement, only if the criminal justice in-

 

service training course is registered through the MCOLES

 

information and tracking network before the dates on which the

 

training is conducted. For purposes of this restriction, applicable

 

reimbursement rates are those authorized for members of the state

 

classified civil service.

 

     (iii) For in-state instructor travel reimbursement. For purposes

 

of this provision, applicable reimbursement rates are those

 

authorized for members of the state classified civil service.

 

     (iv) To pay the fees of a training consortium provider for the

 

delivery of criminal justice in-service training to law enforcement

 

officers of the eligible entity. For consortium fees paid as

 

provided in this subparagraph, the eligible entity shall report the

 

actual cost of each course attended. If a consortium fee is paid

 

but the employees of the eligible entity were unable to attend the

 

training, the eligible entity shall report this fact to the

 

commission. The consortium training provider shall provide to the

 

eligible entity an accounting of the training courses delivered to

 

the eligible entity's law enforcement officers.

 

     (d) To pay the following out-of-state criminal justice in-

 


service training expenses, subject to the restrictions set forth in

 

subsection (3):

 

     (i) Tuition costs for out-of-state criminal justice in-service

 

training, if the eligible entity submits an out-of-state special

 

use request to the commission and the commission approves the

 

expenditure prior to attendance.

 

     (ii) Registration costs for out-of-state training conferences,

 

if the eligible entity submits an out-of-state special use request

 

to the commission, the commission approves the expenditure prior to

 

attendance, and the training is conducted for not less than 6 hours

 

within any 24-hour period.

 

     (iii) Travel costs, if for the purpose of participating in a

 

learning experience produced through reading, listening, observing,

 

problem-solving, or interacting with others, the object of which is

 

the introduction or enhancement of knowledge, skills, and judgment

 

directly related to the performance of professional criminal

 

justice tasks currently assigned or assignable.

 

     (iv) Travel costs, if required to obtain or maintain skills or

 

certification in a field of specialization related to the execution

 

of the duties of law enforcement officers provided to the general

 

public or related to the execution of administrative duties that

 

enhance the ability of law enforcement officers to perform duties

 

provided to the general public.

 

     (3) Funds shall not be distributed under subsection (2)(d)

 

unless both of the following apply:

 

     (a) The course is registered through the MCOLES information

 

and tracking network prior to the dates on which the training is

 


conducted.

 

     (b) One or both of the following:

 

     (i) The course provides certification in a field of

 

specialization that is not available in this state.

 

     (ii) The course provides instruction that is not available in

 

this state.

 

     (4) An eligible entity shall not expend funds from a law

 

enforcement distribution for any of the following:

 

     (a) Training individuals who are not law enforcement officers.

 

     (b) Travel expenditures in excess of or in violation of the

 

expenditure rates authorized for members of the state classified

 

civil service.

 

     (c) Alcoholic liquor.

 

     (5) For eligible entities that were eligible to receive law

 

enforcement distributions on October 12, 1982, law enforcement

 

distributions made under this section shall serve as a supplement

 

to, and not as a replacement for, the training funds budgeted

 

October 12, 1982, for criminal justice in-service training of the

 

law enforcement officers it employs.

 

     (6) For eligible entities that did not elect to receive or

 

were not eligible to receive law enforcement distributions on

 

October 12, 1982, law enforcement distributions made under this

 

section shall serve as a supplement to, and not as a replacement

 

for, the training funds budgeted for the year immediately preceding

 

the first year for which the eligible entity received law

 

enforcement distributions, for criminal justice in-service training

 

of the law enforcement officers it employs.

 


     (7) An eligible entity receiving a law enforcement

 

distribution shall expend the entire distribution within 2 years

 

after the end of the calendar year in which it was received. If the

 

eligible entity fails to expend the entire distribution within that

 

period, it is not eligible to receive further law enforcement

 

distributions until the entire distribution is expended for

 

criminal justice in-service training, and reported as prescribed by

 

the commission.

 

     (8) If an eligible entity is no longer operating, the unit of

 

government with which it is affiliated shall immediately return

 

unexpended law enforcement distribution funds in a manner

 

prescribed by the commission. Funds returned as provided in this

 

subsection shall be segregated and shall be used only for law

 

enforcement distributions.

 

     (9) If the commission determines that an eligible entity has

 

expended law enforcement distribution funds in violation of this

 

act, the commission may do either of the following:

 

     (a) Declare the eligible entity ineligible to receive further

 

law enforcement distributions for a period determined by the

 

commission and require it to immediately return the funds expended

 

in violation of this act in a manner prescribed by the commission.

 

Funds returned as provided in this subdivision shall be segregated

 

and shall be used only for law enforcement distributions.

 

     (b) Require the eligible entity to immediately return all

 

unexpended law enforcement distribution funds, in addition to the

 

funds expended in violation of this act. Funds returned as provided

 

in this subdivision shall be segregated and shall be used only for

 


law enforcement distributions.

 

     (10) Beginning with the annual registration that follows the

 

effective date of the amendatory act that added this subsection,

 

funds received in a law enforcement distribution that have not been

 

expended within 5 years after the year in which they were received

 

shall immediately be returned in a manner prescribed by the

 

commission. Funds returned as provided in this subsection shall be

 

segregated and shall be used only for law enforcement

 

distributions.

 

     Sec. 5. (1) The Michigan justice training fund is created in

 

the state treasury.

 

     (2) Money in the fund which is not distributed in a fiscal

 

year and which was to be distributed under section 3(b) shall

 

remain in the fund for distribution in future fiscal years only for

 

the purposes described in section 3(b).

 

     (3) Investment earnings from the Michigan justice training

 

fund assets shall be deposited in the Michigan justice training

 

fund.

 

     (1) An eligible entity receiving law enforcement distribution

 

funds shall maintain records of law enforcement distribution

 

revenues and expenditures separate from other funding sources.

 

     (2) An eligible entity receiving law enforcement distribution

 

funds shall report to the commission on expenditures of those funds

 

in a manner and on intervals prescribed by the commission. Each

 

criminal justice in-service training program financed in whole or

 

in part by law enforcement distribution funds shall be separately

 

identified.

 


     (3) If an eligible entity is no longer operating, the unit of

 

government with which it is affiliated shall immediately provide

 

the commission with a final accounting of expenditures of law

 

enforcement distribution funds for all years since the eligible

 

entity last reported.

 

     Sec. 6. Each eligible entity and state or local agency

 

receiving a distribution under this act shall report annually to

 

the commission on the results of its training programs. Each

 

training program financed in whole or in part by a distribution

 

from the Michigan justice training fund shall be separately

 

identified. The commission shall report annually to the

 

appropriating committees of the legislature on the results of the

 

expenditure of the amount distributed.The following policies and

 

procedures apply to issuing grants under this act:

 

     (a) The commission shall not award grants to a professional

 

association.

 

     (b) The commission may award grants using written grant

 

agreements to which the commission and grantee are parties.

 

     (c) Grantees shall submit applications for grant awards to the

 

commission in the manner prescribed by the commission. The

 

commission shall publish grant application procedures.

 

     Sec. 7. (1) A grantee shall expend funds from a grant award

 

only as follows:

 

     (a) To provide criminal justice in-service training that is

 

designed and intended to enhance the direct delivery of criminal

 

justice services by employees of the grantee or by employees of

 

other grantees.

 


     (b) To provide criminal justice in-service training presented

 

by a grantee or by a contractual service provider retained by a

 

grantee.

 

     (c) To pay the actual cost of criminal justice in-service

 

training materials necessary to, and used during, the direct

 

delivery of criminal justice in-service training.

 

     (d) To pay the reasonable rental cost or purchase price of

 

equipment necessary to, and used solely during, the direct delivery

 

of criminal justice in-service training.

 

     (e) To pay the reasonable hourly salaries of instructors and

 

developers for actual time spent developing, preparing, and

 

delivering criminal justice in-service training.

 

     (2) A grantee shall not expend funds from a grant award for

 

any of the following:

 

     (a) Travel expenditures in excess of the expenditure rates

 

authorized for members of the state classified civil service.

 

     (b) Travel costs incurred to participate in a criminal justice

 

in-service training program, unless the program is solely for

 

criminal justice in-service training for which the expenditure of

 

grant funds is authorized under this act.

 

     (c) Alcoholic liquor.

 

     (d) Expenditures related to criminal justice in-service

 

training courses for which grant funding has not been approved.

 

     (e) Expenditures for goods and activities not related to

 

criminal justice in-service training.

 

     (3) If the commission determines that a grantee has expended

 

grant award funds in violation of this act, the commission may do

 


either of the following:

 

     (a) Declare the grantee ineligible to receive further grant

 

awards for a period to be determined by the commission.

 

     (b) Terminate 1 or more grant awards, and require the grantee

 

to immediately return grant award funds expended in violation of

 

this act, in a manner prescribed by the commission. Funds returned

 

as provided in this subdivision shall be segregated and shall be

 

used only for the reasonable expenses of providing staff services

 

to the commission for administering and enforcing the statutory

 

requirements of this act and administering and enforcing the

 

statutory requirements of the Michigan commission on law

 

enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, or

 

for grant awards.

 

     (4) If a grantee is no longer operating, the unit of

 

government with which it is affiliated, or any other constituent or

 

successor entity of the grantee, shall immediately provide the

 

commission with a final accounting of all expenses incurred for

 

criminal justice in-service training that was delivered, and the

 

commission shall terminate all current grant awards.

 

     Sec. 8. This act shall not take effect unless House Bill No.

 

5520 of the 81st Legislature is enacted into law.

 

     (1) A grantee receiving a grant award as provided in this act

 

shall maintain records of grant revenues and expenditures separate

 

from other funding sources.

 

     (2) A grantee receiving a grant award as provided in this act

 

shall report to the commission all expenditures of funds received

 

from the Michigan justice training fund, in a manner and at

 


intervals prescribed by the commission. Each training program

 

financed in whole or in part by a grant award from the Michigan

 

justice training fund shall be separately identified in the report.

 

     Sec. 8a. (1) Criminal justice in-service training courses

 

shall be registered through the MCOLES information and tracking

 

network. If a course is not registered through the MCOLES

 

information and tracking network, law enforcement distribution

 

funds and grant award funds shall not be expended for the costs of

 

those courses.

 

     (2) Eligible entities and grantees shall report to the

 

commission the training participants who attended each training

 

session for which funding was provided in whole or in part by this

 

act, in a manner and at intervals prescribed by the commission.

 

     Sec. 9. The books, records, and accounts of pertaining to the

 

Michigan justice training commission shall be audited fund may be

 

subject to audit by the auditor general every 2 years.

 

     Sec. 10. The commission may promulgate rules governing the

 

administration and use of the Michigan justice training fund.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 92                                     

 

          of the 98th Legislature is enacted into law.