June 4, 2013, Introduced by Senator SCHUITMAKER 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, and 8 (MCL 18.421, 18.422,
18.423, 18.424, 18.425, 18.426, and 18.428), sections 1, 2, 3, 4,
5, and 6 as amended by 1989 PA 158, and by adding section 7; and to
repeal acts and parts of acts.
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.
(c) "Criminal justice in-service training" means a criminal
justice program that includes education or training designed and
intended to enhance the direct delivery of criminal justice
services by eligible training participants.
(d) "Grant funds" means funds paid to grant recipients from
the Michigan justice training fund as provided in this act.
(e) "Grant recipient" means an entity eligible to receive
grants from the Michigan justice training fund, including 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.
(v) A consortium or other joint venture composed of or entered
into by an entity described in subparagraphs (i) to (iv).
(f) "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.
(g) "Law enforcement distribution" means funds paid to law
enforcement agencies annually in 2 semiannual installments as
provided in this act.
(h) "Law enforcement officer" means an individual licensed
under section 9a of the Michigan commission on law enforcement
standards act, 1965 PA 203, MCL 28.609a.
(i) "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 under this act.
(3) Funds from law enforcement distributions that are required
to be returned to the Michigan justice training fund as provided in
this act shall be deposited into the Michigan justice training fund
and shall only be used for law enforcement distributions.
(4) Funds distributed as grant awards that are required to be
returned to the Michigan justice training fund as required in this
act shall be deposited into the Michigan justice training fund and
shall only be used for grant awards.
(5) Investment earnings from the Michigan justice training
fund assets shall be deposited in the Michigan justice training
fund.
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.The
commission shall pay
law enforcement distributions, and law enforcement agencies shall
expend and return law enforcement distributions, as follows:
(a) The commission shall annually distribute 60% of the
Michigan justice training fund, in 2 semiannual installments, on
dates determined by the commission.
(b) In calculating the law enforcement distribution, the
commission shall include undistributed portions of the Michigan
justice training fund and funds that have been returned to the
Michigan justice training fund, as provided in subdivision (m).
(c) The amount of available funds shall be based on fund
balances determined as of March 31 and September 30 of each year.
(d) Law enforcement distributions shall be paid on a per
capita basis calculated as follows:
(i) The commission shall conduct an annual registration of law
enforcement officers to verify the number of hours actually
compensated by the jurisdiction, not to exceed 2,080 hours per
year, for each full-time and part-time law enforcement officer
during the most recent elapsed calendar year.
(ii) The per capita basis shall be determined by dividing the
total number of hours actually compensated by the jurisdiction by
2,080, rounded down to the nearest whole number.
(iii) Each eligible law enforcement agency shall receive a
minimum annual distribution of $500.00.
(e) The commission shall pay a law enforcement distribution to
the unit of government or other employing or appointing entity with
which a law enforcement agency is affiliated for the benefit of
that law enforcement agency.
(f) A law enforcement agency receiving a law enforcement
distribution shall expend that distribution only as follows:
(i) Travel costs as provided in this section.
(ii) Training that is designed and intended to enhance the
direct delivery of criminal justice services by law enforcement
officers.
(iii) Direct costs, including all of the following:
(A) Regular hourly personnel rate for salaries of instructors
for actual time spent developing, preparing, and delivering
training.
(B) Actual cost of training materials necessary to, and used
for, the direct delivery of training.
(C) Reasonable rental cost or purchase price of equipment
items necessary to and used solely for the direct delivery of
training. A law enforcement agency shall not make an equipment
purchase that exceeds $5,000.00 or 10% of its annual distribution
without prior written approval of the commission.
(D) Rental of training facilities, only if adequate facilities
owned or operated by the law enforcement agency are not available.
(E) A flat rate, tuition, or subscription paid to a training
provider, other than the law enforcement agency, for the delivery
of criminal justice training as provided under this act.
(g) A law enforcement agency may only expend funds from a law
enforcement distribution for travel costs incurred to participate
in a criminal justice training program, excluding out-of-state
student travel reimbursement, as follows:
(i) If the program offers training for which expenditures of
law enforcement distributions are authorized under this act and
that training is conducted for not less than 6 hours within any 24-
hour period.
(ii) For tuition costs for in-state and out-of-state training,
if the training course is registered through the MCOLES information
and tracking network before the dates on which the training is
conducted.
(iii) For registration costs for out-of-state conferences and
conventions, if the law enforcement agency submits a special use
request to the commission and the commission approves the
expenditure prior to attendance.
(iv) For instructor travel reimbursement. For purposes of this
provision, applicable reimbursement rates are those published by
the Michigan department of technology, management, and budget, or
its successor agency, and are subject to change at any time during
a funding period.
(v) For in-state training participant travel reimbursement, if
the 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 published by the Michigan department
of technology, management, and budget, or its successor agency, and
are subject to change at any time during a funding period.
(h) A law enforcement agency may only expend funds from a law
enforcement distribution for out-of-state training participant
travel reimbursement if all of the following requirements are met:
(i) The travel is 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.
(ii) The travel is 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.
(iii) The certification in a field of specialization is not
available in Michigan.
(iv) The course cannot be conducted in Michigan.
(v) The course is approved by the commission and registered
through the MCOLES information and tracking network prior to the
dates on which the training is conducted.
(i) A law enforcement agency receiving a law enforcement
distribution shall not expend it for either of the following:
(i) Training individuals who are not law enforcement officers.
(ii) Travel expenditures in excess of or in violation of the
expenditure rates authorized for members of the state classified
civil service. For purposes of this restriction, applicable
reimbursement rates are those published by the Michigan department
of technology, management, and budget, or its successor agency, and
are subject to change at any time during a funding period.
(j) A law enforcement agency that receives a law enforcement
distribution shall maintain records of law enforcement distribution
revenues and expenditures separate from other funding sources.
(k) If the commission determines that a law enforcement agency
has expended a law enforcement distribution for costs not allowed
under this act, the commission may declare the agency ineligible to
receive further law enforcement distributions for a period to be
determined by the commission and the funds expended in violation of
this act shall be returned to the Michigan justice training fund.
(l) A law enforcement agency receiving a law enforcement
distribution shall expend the entire distribution within 2 years
after receiving it. If the law enforcement agency fails to expend
the entire distribution within that 2-year period, the law
enforcement agency is not eligible to receive further law
enforcement distributions until the entire distribution is expended
and reported as prescribed by the commission.
(m) Beginning with the distribution period immediately
following the effective date of the amendatory act that added this
section, the portions of any law enforcement distribution that have
not been expended within 5 years after the date they were received
shall be immediately returned to the Michigan justice training
fund.
(n) A law enforcement agency that is no longer operating shall
immediately provide the commission with a final accounting of
expenditures of law enforcement distribution funds it has received
for all years since it last reported and shall return unexpended
law enforcement distribution funds in the manner prescribed by the
commission. Funds returned as provided in this subdivision shall be
segregated and shall be used only for law enforcement
distributions.
(o) A grant recipient that is no longer operating shall
immediately provide the commission with a final accounting of all
law enforcement distribution funds paid to it by law enforcement
agencies for the purpose of providing training, for all years since
it last reported, and shall return law enforcement distribution
funds for which it has not provided training, in the manner
prescribed by the commission. Funds returned as provided in this
subdivision shall be segregated and used only for law enforcement
distributions.
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.The commission may distribute grant awards,
and grant
recipients shall expend grant funds, as follows:
(a) The commission may distribute grant awards after making
the distributions required under section 3 and the expenditures
required under section 5.
(b) The commission may distribute grant awards subject to
written conditions that shall be provided to grant recipients
before or at the time the awards are distributed. A grant recipient
may petition the commission in writing for forbearance or other
relief from conditions imposed by the commission upon the
distribution of grant awards.
(c) The commission may distribute grant awards only to grant
recipients and shall not distribute grant awards to a professional
association.
(d) A grant recipient shall expend grant money received under
this act only for the following:
(i) Training that is designed and intended to enhance the
direct delivery of criminal justice services by employees of the
grant recipient or by employees of entities that are eligible to
receive grants under this act.
(ii) Training presented by a grant recipient or by a
contractual service provider retained by a grant recipient.
(iii) The actual cost of training materials necessary to, and
used for, the direct delivery of training.
(iv) The reasonable rental cost or purchase price of equipment
items necessary to, and used solely for, the direct delivery of
training.
(v) The reasonable hourly salaries of instructors and
developers for actual time spent developing, preparing, and
delivering training.
(e) A grant recipient shall not expend grant funds for either
of the following:
(i) Travel expenditures in excess of the expenditure rates
authorized for members of the state classified civil service. For
purposes of this restriction, applicable reimbursement rates are
those that are published by the department of technology,
management, and budget and are subject to change at any time during
a funding period.
(ii) Travel costs incurred to participate in a criminal justice
in-service training program, unless the program is solely for
training for which the expenditure of grant funds is authorized
under this act.
(f) A grant recipient shall maintain records of grant award
revenues and expenditures separate from other funding sources.
(g) If the commission determines that a grant recipient has
expended grant funds for the payment of unreasonable costs or costs
not authorized under this act, the grant funds shall be returned to
the Michigan justice training fund and may only be used for grant
awards.
(h) Grant recipients shall submit applications for grant
awards to the commission in the manner prescribed by the
commission. The commission shall publish application procedures on
its website.
(i) A grant recipient that is no longer operating shall
immediately provide the commission with a final accounting of all
expenses incurred since the last reporting period for which the
recipient sought grant funding and shall return unexpended grant
funds in the manner prescribed by the commission. Funds returned as
provided in this subdivision shall be segregated and used only for
grants.
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.The commission shall annually expend an amount
from the
Michigan justice training fund to cover the following expenses:
(a) The reasonable expenses of providing staff services to the
commission for administering the Michigan justice training fund and
performing and enforcing the statutory requirements of this act and
the Michigan commission on law enforcement standards act, 1965 PA
203, MCL 28.601 to 28.616c.
(b) Actual expenses incurred by members of the commission,
excluding expenditures for alcoholic liquor and including travel
expenses. For purposes of this restriction, applicable
reimbursement rates are those that are published by the department
of technology, management, and budget for boards and commissions,
and are subject to change at any time during a funding period.
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.(1)
Each law enforcement
agency receiving a law enforcement distribution under this act and
each grant recipient receiving a grant award under this act shall
report to the commission on expenditures of funds received from the
Michigan justice training fund, in a manner and on intervals to be
determined by the commission. Each training program financed in
whole or in part by a law enforcement distribution or grant from
the Michigan justice training fund shall be separately identified
in the report.
(2) 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 distributions and grant funds
shall not be expended for the costs of those courses.
(3) Law enforcement agencies and grant recipients 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 prescribed by the commission.
(4) If the commission determines that a grant recipient has
failed to comply with the requirements of this section, the
commission may declare the grant recipient ineligible to receive
further grant awards for a period to be determined by the
commission.
Sec. 7. The books, records, and accounts of the commission
pertaining to the Michigan justice training fund may be subject to
audit by the auditor general every 5 years.
Sec.
8. This act shall not take effect unless House Bill No.
5520
of the 81st Legislature is enacted into law.The commission may
promulgate rules governing the administration and use of the
Michigan justice training fund.
Enacting section 1. Section 9 of 1982 PA 302, MCL 18.429, is
repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 411
of the 97th Legislature is enacted into law.