HB-5828, As Passed House, May 8, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5828

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to create the comprehensive school safety plan act; to

 

create the school safety commission and provide for its powers and

 

duties; to create the comprehensive school safety plan fund and

 

provide for the use of the fund; and to provide for the powers and

 

duties of certain state and local governmental officers and

 

entities.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"comprehensive school safety plan act".

 

     Sec. 3. As used in this act:

 

     (a) "Commission" means the school safety commission created in

 

section 5.

 

     (b) "Department" means the department of state police.

 

     (c) "Fund" means the comprehensive school safety plan fund

created in section 7.

 

     (d) "School" means a public school, nonpublic school, or

 

public school academy as those terms are defined in section 5 of

 

the revised school code, 1976 PA 451, MCL 380.5.

 

     (e) "School building" means 1 or more of the following at a

 

school:

 

     (i) A structure suitable for use as a classroom, including a

 

school laboratory, library, eating facility, or food preparation

 

facility.

 

     (ii) A gymnasium or other facility that is specially designed

 

for athletic or recreational activities or for an academic course

 

in physical education.

 

     (iii) A facility used for the instruction or housing of

 

students for the purpose of administration of educational or

 

research programs.

 

     (iv) A maintenance, storage, or utility facility, including a

 

hallway essential to the operation of a facility or structure

 

identified in subparagraph (i), (ii), or (iii).

 

     (v) A portico or covered exterior hallway or walkway.

 

     (vi) An exterior portion of a mechanical system.

 

     (f) "School safety liaison" means the individual designated by

 

a school under section 1241 of the revised school code, 1976 PA

 

451, MCL 380.1241, to work with the commission.

 

     Sec. 5. (1) On January 15, 2019, or upon the abolishment of

 

the school safety task force created under Executive Order No.

 

2018-5, whichever occurs first, the school safety commission is

 

created within the department.

     (2) The commission shall consist of the following members:

 

     (a) The director of the department or his or her designee.

 

     (b) The superintendent of public instruction or his or her

 

designee.

 

     (c) The director of the department of health and human

 

services or his or her designee.

 

     (d) Subject to subsection (3), the school safety task force

 

members appointed by the governor under Executive Order No. 2018-5.

 

     (3) After the expiration of the initial term of or for any

 

vacancy arising from the members of the commission described under

 

subsection (2)(d), the governor shall appoint members to a full

 

term or the unexpired term as follows:

 

     (a) One individual representing local law enforcement.

 

     (b) One individual representing teachers.

 

     (c) One individual representing school administrators.

 

     (d) One individual who has expertise in behavioral and mental

 

health.

 

     (e) One individual recommended by the speaker of the house of

 

representatives.

 

     (f) One individual recommended by the senate majority leader.

 

     (g) One individual recommended by the minority leader of the

 

house of representatives.

 

     (h) One individual recommended by the senate minority leader.

 

     (4) Members of the commission shall serve for terms of 4 years

 

or until a successor is appointed, whichever is later, except that

 

of the members first appointed under subsection (3), the 2 members

 

appointed under subsection (3)(a) and (b) shall serve for 1 year,

the 2 members appointed under subsection (3)(c) and (d) shall serve

 

for 4 years, and the 4 members appointed under subsection (3)(e) to

 

(h) shall serve for 2 years.

 

     (5) If a vacancy occurs on the commission, the governor shall

 

make an appointment for the unexpired term in the same manner as

 

the original appointment under subsection (3).

 

     (6) The governor may remove a member of the commission for

 

incompetence, dereliction of duty, malfeasance, misfeasance, or

 

nonfeasance in office, or any other good cause.

 

     (7) The first meeting of the commission shall be called by the

 

member described under subsection (2)(a). At the first meeting, the

 

commission shall elect from among its members a chairperson and

 

other officers as it considers necessary or appropriate. After the

 

first meeting, the commission shall meet at least quarterly, or

 

more frequently at the call of the chairperson or if requested by 6

 

or more members.

 

     (8) A majority of the members of the commission constitute a

 

quorum for the transaction of business at a meeting of the

 

commission. A majority of the members present and serving are

 

required for official action of the commission.

 

     (9) The business that the commission may perform shall be

 

conducted at a public meeting of the commission held in compliance

 

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (10) All information obtained by the commission is

 

confidential and is not subject to the freedom of information act,

 

1976 PA 442, MCL 15.231 to 15.246.

 

     (11) Members of the commission shall serve without

compensation. However, members of the commission may be reimbursed

 

for their actual and necessary expenses incurred in the performance

 

of their official duties as members of the commission.

 

     (12) The commission shall do all of the following:

 

     (a) Review and make recommendations to the department in

 

implementing this act, including, not more than 90 days after the

 

creation of the commission, rules determining the optimal,

 

adequate, and inadequate school safety measures and metrics that

 

will be used to evaluate the safety of schools. The school safety

 

measures and metrics must address at least the following:

 

     (i) School building layouts.

 

     (ii) School building proximity to law enforcement agencies.

 

     (iii) Emergency planning strategies.

 

     (iv) Employment of school resource officers or other

 

individuals authorized by law to provide safety in school

 

buildings.

 

     (v) Surveillance technology.

 

     (vi) Threat reporting systems.

 

     (vii) Remote door locks.

 

     (viii) Reinforced entryways.

 

     (b) From 6 months after the creation of the commission until

 

18 months after the creation of the commission, assist school

 

safety liaisons in identifying and evaluating the safety of

 

schools.

 

     (c) Implement a plan to ensure each school building is

 

inspected within 30 months of the creation of the commission.

 

     (d) In consultation with the department, employ school safety

House Bill No. 5828 as amended May 8, 2018

inspectors or contract for school safety inspection services to

 

make recommendations to the commission after each inspection and

 

evaluation, and reinspection and evaluation, of a school building's

 

safety grade as described in subsection (13).

 

     (e) Issue each school building inspected under this act a

 

safety grade as provided in subsection (13).

 

     (f) Award grants to schools to fund improvements and

 

corrective actions under section 7.

[(g) Issue or deny a waiver submitted to the commission under section 1 of 1937 PA 306, MCL 388.851, within 30 days after the waiver is received.]

 

     (13) For the confidential use of the commission, the

 

commission shall issue a safety grade for each school building

 

inspected as follows:

 

     (a) An optimal safety grade.

 

     (b) If the commission recommends additional safety measures

 

for a school building to ensure student safety, an adequate safety

 

grade.

 

     (c) If the commission identifies additional safety measures

 

for a school building are urgently needed to ensure student safety,

 

an inadequate safety grade.

 

     (14) A school building must be reinspected as follows:

 

     (a) If the school building was issued an optimal safety grade

 

under subsection (13), not sooner than 7 years after the inspection

 

after which the optimal safety grade was issued.

 

     (b) If the school building was issued an adequate safety grade

 

under subsection (13), not sooner than 5 years after the inspection

 

after which the adequate safety grade was issued.

 

     (c) If the school building was issued an inadequate safety

 

grade under subsection (13), not more than 2 years after the

inspection after which the inadequate safety grade was issued.

 

     Sec. 7. (1) The comprehensive school safety plan fund is

 

created within the department of treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the fund. The state treasurer shall

 

direct the investment of the fund. The state treasurer shall credit

 

to the fund interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year must

 

remain in the fund and not lapse to the general fund.

 

     (4) The department is the administrator of the fund for

 

auditing purposes.

 

     (5) The department shall expend money from the fund, upon

 

appropriation, only for the following purposes:

 

     (a) To provide and administer grants to schools.

 

     (b) To carry out its duties under this act.

 

     (6) An application for a grant under this section must be on a

 

form or format prescribed by the commission. The commission may

 

require the applicant to provide information reasonably necessary

 

to allow the commission to make a determination required under this

 

section.

 

     (7) Grants awarded under this section must be awarded for a

 

period of 1 year. In making its determination to award grants under

 

this section, the commission shall prioritize awarding grants to

 

schools with a school building that has received an inadequate

 

safety grade and may award grants to schools with a school building

 

that has received an adequate safety grade under section 5.

 

     (8) A school awarded a grant under this section shall only use

the grant funds to implement the additional safety measures

 

identified or recommended under section 5(13), which may include:

 

     (a) Purchasing and installing security equipment.

 

     (b) School building upgrades.

 

     Sec. 9. The department shall promulgate rules to implement

 

this act pursuant to the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.

 

     Enacting section 2. This act does not take effect unless

 

Senate Bill No.____ or House Bill No._5829 (request no. 05839'18 a)

 

of the 99th Legislature is enacted into law.