HOUSE BILL NO. 5481

October 26, 2021, Introduced by Rep. Clements and referred to the Committee on Government Operations.

A bill to amend 1965 PA 203, entitled

"Michigan commission on law enforcement standards act,"

by amending the title and section 11 (MCL 28.611), the title as amended by 1998 PA 237 and section 11 as amended by 2017 PA 198, and by adding section 11a.

the people of the state of michigan enact:

TITLE

An act to provide for the creation of the commission on law enforcement standards; to prescribe its membership, powers, and duties; to prescribe the reporting responsibilities of certain state and local agencies; to provide for additional costs in criminal cases; to provide for the establishment of the law enforcement officers training fund; to create certain programs and funds; to allow the promulgation of rules; and to provide for disbursement of allocations from the law enforcement officers training fund to local agencies of government participating in a police training program.

Sec. 11. (1) The commission may do 1 or more of the following:

(a) Enter into agreements with colleges, universities, governmental agencies, and private entities to carry out the intent of this act.

(b) Issue certificates of approval to agency basic law enforcement training academies, preservice college basic law enforcement training academies, and regional basic law enforcement training academies.

(c) Authorize issuance of certificates of graduation or diplomas by agency basic law enforcement training academies, preservice college basic law enforcement training academies, and regional basic law enforcement training academies to students who have satisfactorily completed minimum courses of study.

(d) Cooperate with state, federal, and local agencies to approve programs of in-service instruction and training of law enforcement officers of this state and of cities, counties, townships, and villages.

(e) Make recommendations to the legislature on matters pertaining to qualification and training of law enforcement officers.

(f) Require a licensing examination.

(g) Establish a recognition of prior basic law enforcement training and experience program.

(h) Establish and charge a fee to recover the cost of screening, enrolling, evaluating, and testing individuals who are not employed by a law enforcement agency , which that must be deposited in the law enforcement officers training fund created in this section.

(i) Establish and charge a fee to recover the cost of issuing licenses to persons licensed under this act , which that must be deposited in the law enforcement officers training fund created in this section.

(j) Create, implement, and administer the public service assistants grant program created under section 11a.

(2) The commission may promulgate rules with respect to any of the following:

(a) In-service training programs and minimum courses of study and attendance requirements for licensed law enforcement officers.

(b) The establishment and approval of agency basic law enforcement training academies, preservice college basic law enforcement training academies, and regional basic law enforcement training academies.

(c) The minimum qualifications for instructors for approved agency basic law enforcement training academies, preservice college basic law enforcement training academies, and regional basic law enforcement training academies.

(d) The minimum facilities and equipment for agency basic law enforcement training academies, preservice college basic law enforcement training academies, and regional basic law enforcement training academies.

(e) Minimum standards and procedures for reserve officers.

(3) The commission shall require an individual seeking admission to a preservice college basic law enforcement training academy or a regional basic law enforcement training academy or the recognition of prior basic law enforcement training and experience program to submit his or her fingerprints to the department of state police for the purpose of conducting a criminal history record information check. The department of state police may charge a fee for conducting a criminal history record information check. The individual shall submit his or her fingerprints to the department of state police in a manner prescribed by the department of state police.

(4) The department of state police shall conduct a criminal history record information check on each individual described under subsection (3) through its own records and through the Federal Bureau of Investigation. After the completion of each criminal history record information check, the department of state police shall provide the criminal history record information to the commission.

(5) The department of state police shall store and retain fingerprints submitted under this section in an automated fingerprint identification system that provides for an automatic notification if subsequent criminal history record information matches fingerprints previously submitted under this section. Upon receiving a notification under this subsection, the department of state police shall forward that notification to the commission.

(6) The department of state police shall forward the fingerprints submitted under this section to the Federal Bureau of Investigation to be retained in the Federal Bureau of Investigation's next generation identification system and integrated automated fingerprint identification system that provides for automatic notification if subsequent criminal history record information matches fingerprints previously submitted to the Federal Bureau of Investigation under this subsection. Upon receiving a notification from the Federal Bureau of Investigation under this subsection, the department of state police shall forward that notification to the commission. The fingerprints retained under this subsection may be searched by using future submissions to those systems, including, but not limited to, latent fingerprint searches, with appropriate responses sent to the submitting and subscribing entities. This subsection does not apply unless the department of state police is capable of participating in the Federal Bureau of Investigation's next generation identification system and integrated automated fingerprint identification system.

(7) The law enforcement officers training fund is created within the state treasury.

(8) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(9) Money in the fund at the close of the fiscal year shall must remain in the fund, shall must not lapse into the general fund, and may be used by the commission, upon appropriation, in future fiscal years as prescribed in this section.

(10) The commission shall be the administrator of the fund for auditing purposes.

(11) The commission shall expend money from the fund, upon appropriation, to carry out its responsibilities under this act.

Sec. 11a. (1) Not later than 30 days after the effective date of the amendatory act that added this section, the commission shall create, implement, and administer a grant program to award grants to law enforcement agencies for the purpose of hiring public service assistants. Grants awarded pursuant to this subsection must be used to establish a new program or expand a program operated by a law enforcement agency for the purpose of hiring public service assistants. Grants must not be awarded to fill previously vacant positions for public service assistants within an existing program previously operated by a law enforcement agency.

(2) To be eligible for a grant under subsection (1), a law enforcement agency must comply with the commission's application process.

(3) The commission shall provide the grants on a first-come, first-served basis to eligible law enforcement agencies for the purpose described in subsection (1).

(4) The public service assistants fund is created as a separate fund in the department of treasury. The commission shall be the administrator of the fund for auditing purposes.

(5) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall credit to the fund money appropriated to the fund. The state treasurer shall direct the investment of the fund and shall credit to the fund interest and earnings from fund investments.

(6) The commission shall expend money from the fund to carry out the purpose of this section and shall not expend money from the fund for any other purpose.

(7) Money remaining in the fund at the close of the fiscal year must remain in the fund and must not lapse to the general fund.

(8) The commission may promulgate rules and procedures to implement this act in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, including, but not limited to, rules and procedures governing the grant application and disbursement process, and the method for establishing eligibility.

(9) As used in this section:

(a) "Fund" means the public service assistants fund created in subsection (4).

(b) "Grant program" means the public service assistants grant program created in subsection (1).

(c) "Public service assistant" means a specially trained, unarmed, and part-time employee of a law enforcement agency with no arrest or criminal enforcement powers.