HOUSE BILL No. 4526 March 19, 1997, Introduced by Reps. Baade, Curtis, Freeman, Schauer, LaForge, Cherry, Mathieu, Baird, Kelly, DeHart, Willard, Martinez, Gubow, Harder, Goschka, Dobronski, Wetters, Scott, Brewer, Hale, Bogardus, Anthony, Olshove, Schermesser, Ciaramitaro, Owen, Hanley, Agee and Brown and referred to the Committee on Appropriations. A bill to create a state community policing program; to create a commission; to provide for certain powers and duties of certain departments and officials; and to provide for an appropriation. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "community policing act". 3 Sec. 2. As used in this act: 4 (a) "Commission" means the commission on community policing 5 created under section 5. 6 (b) "Department" means the department of state police. 7 (c) "Fiscal year" means the state fiscal year that begins 8 October 1 and ends September 30. 9 (d) "Grant funds" means the funds awarded to the local 10 community by the commission pursuant to section 3. 00706'97 * JJG 2 1 (e) "Local community" means a county, city, township, or 2 village. 3 (f) "Maintenance police force" means the average number of 4 police officers on the payroll in the local community from 5 January 1, 1995 through December 31, 1996. 6 (g) "Police officer" means an officer who is certified under 7 the Michigan law enforcement officers training council act of 8 1965, 1965 PA 203, MCL 28.601 to 28.616. 9 (h) "Program" means the state community policing program 10 created under section 3. 11 Sec. 3. The state community policing program is created 12 within the department of state police. The program shall provide 13 local communities with matching funds to employ police officers 14 to patrol highways. The state shall provide $80.00 of matching 15 funds to every $20.00 provided by the local community that quali- 16 fies for funds under the program. 17 Sec. 4. The department shall promulgate rules pursuant to 18 the administrative procedures act of 1969, 1969 PA 306, MCL 19 24.201 to 24.328, for the implementation of the program includ- 20 ing, but not limited to, rules governing the application process, 21 the maximum amount of each grant, and eligibility requirements. 22 The rules shall be submitted for public hearing within 90 days 23 after the effective date of this act. The department shall 24 create an application form to be used by local communities seek- 25 ing funds under this act. 00706'97 * 3 1 Sec. 5. (1) The commission on community policing is created 2 within the department of state police. The commission shall 3 consist of 5 members appointed as follows: 4 (a) One member who is not a police officer appointed by the 5 governor. 6 (b) Two members appointed by the speaker of the house of 7 representatives. One appointee shall be a police officer and 1 8 appointee shall not be a police officer. 9 (c) Two members appointed by the majority leader of the 10 senate. One appointee shall be a police officer and 1 appointee 11 shall not be a police officer. 12 (2) The members first appointed to the commission shall be 13 appointed within 60 days after the effective date of this act. 14 Members of the commission shall serve for terms of 4 years, 15 except that for the members first appointed, 1 shall serve for 1 16 year, 2 shall serve for 2 years, and 2 shall serve for 3 years. 17 Members may serve consecutive terms. 18 (3) If a vacancy occurs on the commission, the person who 19 appointed the person that caused the vacancy shall appoint a 20 replacement in compliance with subsection (1). 21 (4) The first meeting of the commission shall take place 22 within 90 days after the effective date of this act. At the 23 first meeting, the commission shall elect from among its members 24 a chairperson and other officers as it considers necessary or 25 appropriate. After the first meeting, the commission shall meet 26 quarterly or more frequently at the call of the chairperson or if 27 requested by 3 or more members. 00706'97 * 4 1 (5) A majority of the members of the commission constitute a 2 quorum for the transaction of business at a meeting of the 3 commission. A majority of the members serving is required for 4 official action of the commission. 5 (6) The business that the commission may perform shall be 6 conducted at a public meeting of the commission held in compli- 7 ance with the open meetings act, 1976 PA 267, MCL 15.261 to 8 15.275. 9 (7) A document prepared, owned, used, in the possession of, 10 or retained by the commission in the performance of an official 11 function is subject to the freedom of information act, 1976 PA 12 442, MCL 15.231 to 15.246. 13 (8) A member of the commission shall not receive compensa- 14 tion for service as a commissioner. Each member of the commis- 15 sion shall receive reimbursement for actual expenses incurred in 16 connection with the duties of the office. 17 Sec. 6. The commission shall do all of the following: 18 (a) Administer this act and perform all acts and exercise 19 all powers reasonably necessary to implement this act. 20 (b) Review grant applications and determine which applicants 21 will receive grant funds and the amount of grant funds to be dis- 22 tributed to eligible applicants. 23 Sec. 7. (1) A local community may use grant funds to hire 24 local police officers or designate grant funds to be used to hire 25 additional state troopers or sheriff's secondary road patrol 26 officers. If the local community chooses to use grant funds for 27 additional state troopers or sheriff's secondary road patrol 00706'97 * 5 1 officers, it is the department's responsibility to hire the 2 additional state officers. 3 (2) Grant funds shall be used to increase the police force 4 of the local community. Grant funds shall not be used to fund 5 the local community's maintenance police force or to hire police 6 officers whose primary functions are administrative. 7 Sec. 8. (1) Grant funds shall be distributed within 90 days 8 after the beginning of each fiscal year based on the availability 9 of funds. 10 (2) The distribution of grant funds is subject to the fol- 11 lowing limitations: 12 (a) Not more than 10% of the funds may be used to hire addi- 13 tional state troopers. 14 (b) Subject to section 9, grants shall be made for not more 15 than 4 consecutive years to a local community, after approval of 16 the grant by the commission. 17 (c) In the first full fiscal year beginning after the effec- 18 tive date of this act, grants shall fund not more than 625 19 full-time police officer salaries. In the second fiscal year 20 beginning after the effective date of this act, grants shall fund 21 not more than the difference between the total funded in the pre- 22 vious fiscal year and 1,250 full-time police officer salaries. 23 In the third fiscal year beginning after the effective date of 24 this act, grants shall fund not more than the difference between 25 the aggregate number funded in the previous 2 fiscal years and 26 1,875 full-time police officer salaries. In the fourth fiscal 27 year to the eighth fiscal year beginning after the effective date 00706'97 * 6 1 of this act, grants may fund not more than 2,500 full-time police 2 officer salaries. In the ninth fiscal year beginning after the 3 effective date of this act, grants may fund not more than 1,875 4 full-time police officer salaries. In the tenth fiscal year 5 beginning after the effective date of this act, grants may fund 6 not more than 1,250 full-time police officer salaries. In the 7 eleventh fiscal year beginning after the effective date of this 8 act, grants may fund not more than 625 full-time police officer 9 salaries. The total funding authorized by this act shall not 10 exceed funds for 5,000 full-time police officer salaries. 11 Sec. 9. (1) A local community that receives grant funds 12 shall use the grant funds for police officer salaries before the 13 end of the fiscal year in which the funds were received. Grant 14 funds that have not been used or encumbered by the local commu- 15 nity shall be returned, along with any accrued interest, within 16 30 days after the end of the fiscal year for which they were 17 awarded. 18 (2) Each year that a local community receives grant funds, 19 it shall conduct an audit of all receipts and disbursements of 20 grant funds and shall submit an audit report to the commission. 21 Audit reports submitted to the commission shall be prepared in 22 accordance with generally accepted accounting principles. 23 (3) The department or an agent of the department may conduct 24 a separate audit to investigate any inappropriate use of grant 25 funds. A local community that uses grant funds inappropriately 26 may, at the discretion of the department and the commission, be 27 required to refund to the department the amount of the grant 00706'97 * 7 1 funds that were used inappropriately or may be temporarily or 2 permanently prohibited from applying for future grant funds. 3 Sec. 10. The legislature shall annually appropriate funds 4 for the program. The money shall be deposited in the community 5 policing grant fund in the department of state police. Funds not 6 expended in 1 fiscal year shall not lapse. 00706'97 * Final page. JJG