November 9, 2006, Introduced by Rep. Jones and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1965 PA 203, entitled
"Commission on law enforcement standards act,"
by amending sections 2 and 14 (MCL 28.602 and 28.614), section 2 as
amended by 2004 PA 379 and section 14 as amended by 1998 PA 237.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Certificate" means a numbered document issued by the
commission to a person who has received certification under this
act.
(b) "Certification" means either of the following:
(i) A determination by the commission that a person meets the
law enforcement officer minimum standards to be employed as a
commission certified law enforcement officer and that the person is
authorized under this act to be employed as a law enforcement
officer.
(ii) A determination by the commission that a person was
employed as a law enforcement officer before January 1, 1977 and
that the person is authorized under this act to be employed as a
law enforcement officer.
(c) "Commission" means the commission on law enforcement
standards created in section 3.
(d) "Contested case" means that term as defined in section 3
of the administrative procedures act of 1969, 1969 PA 306, MCL
24.203.
(e) "Emergency medical services" means the emergency medical
services personnel, ambulances, nontransport prehospital life
support vehicles, aircraft transport vehicles, medical first
response vehicles, and equipment required for transport or
treatment of an individual requiring medical first response life
support, basic life support, limited advanced life support, or
advanced life support.
(f) "Emergency medical services education program sponsor"
means a person, other than an individual, that meets the standards
of the department to conduct training at the following levels:
(i) Medical first responder.
(ii) Emergency medical technician.
(iii) Emergency medical technician specialist.
(iv) Paramedic.
(v) Emergency medical services instructor-coordinator.
(g) "Emergency medical services personnel" means a medical
first responder, emergency medical technician, emergency medical
technician specialist, paramedic, or emergency medical services
instructor-coordinator.
(h) (e)
"Executive director" means the executive
director of
the commission appointed under section 12.
(i) (f)
"Felony" means a violation of a penal law
of this
state or another state that is either of the following:
(i) Punishable by a term of imprisonment greater than 1 year.
(ii) Expressly designated a felony by statute.
(j) (g)
"Fund" means the law enforcement officers
training
fund created in section 13.
(k) (h)
"Law enforcement officer minimum
standards" means
standards established by the commission under this act that a
person must meet to be eligible for certification under section
9a(1).
(l) (i)
"Law enforcement officer of a Michigan Indian
tribal
police force" means a regularly employed member of a police force
of a Michigan Indian tribe who is appointed pursuant to former 25
CFR 12.100 to 12.103.
(m) (j)
"Michigan Indian tribe" means a federally
recognized
Indian tribe that has trust lands located within this state.
(n) (k)
"Multicounty metropolitan district" means
an entity
authorized and established pursuant to state law by 2 or more
counties with a combined population of not less than 3,000,000, for
the purpose of cooperative planning, promoting, acquiring,
constructing, owning, developing, maintaining, or operating parks.
(o) (l) "Police
officer" or "law enforcement officer" means,
unless the context requires otherwise, any of the following:
(i) A regularly employed member of a law enforcement agency
authorized and established pursuant to law, including common law,
who is responsible for the prevention and detection of crime and
the enforcement of the general criminal laws of this state. Police
officer or law enforcement officer does not include a person
serving solely because he or she occupies any other office or
position.
(ii) A law enforcement officer of a Michigan Indian tribal
police force, subject to the limitations set forth in section 9(3).
(iii) The sergeant at arms or any assistant sergeant at arms of
either house of the legislature who is commissioned as a police
officer by that respective house of the legislature as provided by
the legislative sergeant at arms police powers act, 2001 PA 185,
MCL 4.381 to 4.382.
(iv) A law enforcement officer of a multicounty metropolitan
district, subject to the limitations of section 9(7).
(v) A county prosecuting attorney's investigator sworn and
fully empowered by the sheriff of that county.
(vi) Until December 31, 2007, a law enforcement officer of a
school district in this state that has a membership of at least
20,000 pupils and that includes in its territory a city with a
population of at least 180,000 as of the most recent federal
decennial census.
(vii) A fire arson investigator from a fire department within a
city with a population of not less than 750,000 who is sworn and
fully empowered by the city chief of police.
(p) (m)
"Rule" means a rule promulgated pursuant
to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 14. (1) The amounts annually appropriated by the
legislature from the law enforcement officers training fund shall
be paid by the state treasurer as follows:
(a) In accordance with the accounting laws of the state upon
certification of the executive director to reimburse an amount not
to exceed the training costs incurred for each officer meeting the
recruitment standards prescribed pursuant to this act during the
period covered by the allocation, plus an amount not to exceed the
necessary living expenses incurred by the officer that are
necessitated by training requiring that he or she be away from his
or her residence overnight.
(b) In accordance with the accounting laws of the state upon
certification of the executive director to reimburse an amount not
to exceed the training costs incurred for emergency medical
services personnel meeting the education standards prescribed under
this act and the public health code, 1978 PA 368, MCL 333.1101 to
333.25211, for the completion of an emergency medical services
education program, plus an amount not to exceed the necessary
living expenses incurred that are necessitated by training
requiring that he or she be away from his or her residence
overnight.
(c) (b)
For the maintenance and administration of law
enforcement officer testing and certification provided for by this
act.
(2) If the money in the fund to be appropriated by the
legislature for the training and living expenses described in
subsection (1) are insufficient to allocate the amount for training
and living purposes, the amount shall be reduced proportionately.
(3) An allocation shall not be made from the fund under this
section to a training agency or to a city, county, township, or
village or agency of the state that has not, throughout the period
covered by the allocation, adhered to the standards established by
the commission as applicable to either training or to personnel
recruited or trained by the training agency, city, county,
township, or village or agency of the state during that period.
(4) Expenditures from the fund to be appropriated by the
legislature for law enforcement officer testing and certification
described in subsection (1) shall not exceed the revenue generated
from fees collected pursuant to section 11(1)(i) and (j).