SB-0253, As Passed House, September 17, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 253

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of state

 

police and certain other state purposes for the fiscal year ending

 

September 30, 2010; to provide for the expenditure of those

 

appropriations; to provide for certain reports and the

 

consideration of those reports; to provide for the disposition of

 

other income received by the various state agencies; to provide for

 

certain emergency powers; and to provide for the powers and duties

 

of certain committees, certain state agencies, and certain

 

employees.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS


Senate Bill No. 253 (H-7) as amended September 17, 2009

     Sec. 101. Subject to the conditions set forth in this act, the

 

amounts listed in this part are appropriated for the department of

 

state police for the fiscal year ending September 30, 2010, from

 

the funds indicated in this part. The following is a summary of the

 

appropriations in this part:

 

DEPARTMENT OF STATE POLICE

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 3.0

 

   Full-time equated classified positions........ 2,829.5

 

GROSS APPROPRIATION.................................... $   [528,012,800]

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        26,108,400

 

ADJUSTED GROSS APPROPRIATION........................... $   [501,904,400]

 

   Federal revenues:

 

Total federal revenues.................................        96,539,000

 

   Special revenue funds:

 

Total local revenues...................................         8,545,700

 

Total private revenues.................................           273,300

 

Total other state restricted revenues..................      [129,287,200]

 

State general fund/general purpose..................... $    267,259,200

 

   Sec. 102. EXECUTIVE DIRECTION

 

   Full-time equated unclassified positions.......... 3.0

 

   Full-time equated classified positions........... 40.5

 

Unclassified positions................................. $        260,400

 

Executive direction--19.0 FTE positions................         2,323,600

 

Special operations and events--17.5 FTE positions......         2,106,200


 

Auto theft prevention program--4.0 FTE positions.......         8,022,800

 

GROSS APPROPRIATION.................................... $     12,713,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDT, truck safety fund.................................            22,700

 

   Special revenue funds:

 

Auto theft prevention fund.............................         8,022,800

 

Criminal justice information center service fees.......            47,600

 

Forensic science reimbursement fees....................            24,700

 

Highway safety fund....................................            32,900

 

Motor carrier fees.....................................            32,000

 

Traffic law enforcement and safety fund................           128,100

 

State general fund/general purpose..................... $      4,402,200

 

   Sec. 103. DEPARTMENTWIDE APPROPRIATIONS

 

Special maintenance and utilities...................... $        447,600

 

Rent and building occupancy charges....................         9,633,000

 

Worker's compensation..................................         3,151,300

 

Fleet leasing..........................................        14,055,300

 

In-service training - law enforcement distribution.....           450,000

 

In-service training - competitive......................         1,000,000

 

Narcotics investigation funds..........................           265,100

 

GROSS APPROPRIATION.................................... $     29,002,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDT, Michigan justice training fund....................         1,450,000

 

IDG, training academy charges..........................           277,500

 

   Federal revenues:


 

DOT....................................................            24,700

 

DHS....................................................           173,700

 

Federal narcotics investigation revenues...............            95,000

 

   Special revenue funds:

 

Criminal justice information center service fees.......           195,200

 

Forensic science reimbursement fees....................            98,500

 

Hazardous materials training center fees...............           102,900

 

Highway safety fund....................................             7,800

 

Michigan justice training fund.........................            29,200

 

Motor carrier fees.....................................             7,300

 

Narcotics investigation revenues.......................           170,100

 

Secondary road patrol and training fund................            17,500

 

State forensic laboratory fund.........................            98,500

 

Traffic law enforcement and safety fund................            15,400

 

State general fund/general purpose..................... $     26,239,000

 

   Sec. 104. SUPPORT SERVICES

 

   Full-time equated classified positions.......... 182.0

 

Management services--128.0 FTE positions............... $     11,846,600

 

Training administration--32.0 FTE positions............         6,708,000

 

Budget and financial services--22.0 FTE positions......         2,269,000

 

GROSS APPROPRIATION.................................... $     20,823,600

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDT, auto theft funds..................................             3,800

 

IDG-MDOS...............................................             2,000

 

IDG-MDOT, state trunkline fund.........................             4,200

 

IDG, training academy charges..........................         3,272,400


Senate Bill No. 253 (H-7) as amended September 17, 2009

IDG-MDTR, casino gaming fees...........................            63,400

 

IDG-MDTR, emergency telephone fund coordinator.........           520,400

 

IDG-MDTR, emergency telephone fund operations..........           477,800

 

IDG-MDOC, contract.....................................         1,100,000

 

   Federal revenues:

 

DOT....................................................           473,200

 

   Special revenue funds:

 

Local - LEIN fees......................................             2,800

 

Local - MPSCS subscriber and maintenance fees..........            27,100

 

Local - school bus revenue.............................             1,700

 

Criminal justice information center service fees.......           681,600

 

Forensic science reimbursement fee.....................             7,800

 

Hazardous materials training center fees...............             5,100

 

Highway safety fund....................................           202,400

 

Michigan justice training fund.........................             1,600

 

Motor carrier fees.....................................            19,200

 

Narcotics investigation revenues.......................            33,800

 

Nuclear plant emergency planning reimbursement.........            20,800

 

Precision driving track fees...........................           287,200

 

Reimbursed services....................................         1,253,200

 

Traffic law enforcement and safety fund................           414,000

 

State general fund/general purpose..................... $     11,948,100

 

   Sec. 105. HIGHWAY SAFETY PLANNING

 

   Full-time equated classified positions........... 30.0

 

State program planning and administration--8.0 FTE

 

   positions............................................ $      1,236,200

 

Secondary road patrol program--2.0 FTE positions.......       [13,034,400]


Senate Bill No. 253 (H-7) as amended September 17, 2009

Truck safety program--1.0 FTE positions................         3,005,700

 

Federal highway traffic safety coordination--19.0 FTE

 

   positions............................................        10,568,000

 

GROSS APPROPRIATION.................................... $    [27,844,300]

 

    Appropriated from:

 

   Federal revenues:

 

DOJ....................................................           576,900

 

DOT....................................................        10,716,300

 

   Special revenue funds:

 

Secondary road patrol and training fund................       [13,034,400]

 

Truck driver safety fund...............................         3,005,700

 

State general fund/general purpose..................... $        511,000

 

   Sec. 106. CRIMINAL JUSTICE INFORMATION CENTER

 

   Full-time equated classified positions.......... 136.0

 

Criminal justice information center division--116.0

 

   FTE positions........................................ $     10,745,700

 

Criminal records improvement--1.0 FTE positions........         2,244,000

 

Traffic safety--19.0 FTE positions.....................         1,879,100

 

GROSS APPROPRIATION.................................... $     14,868,800

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDCH, crime victims rights fund....................           483,600

 

IDG-MDOS...............................................           329,500

 

IDG-MDOT, state trunkline fund.........................           854,500

 

   Federal revenues:

 

DOJ....................................................         2,244,000

 

DOT....................................................           507,000


 

   Special revenue funds:

 

Criminal justice information center service fees.......         9,414,900

 

Motor carrier fees.....................................           109,900

 

Sex offender registration fund.........................            61,400

 

Traffic crash revenue..................................            78,200

 

State general fund/general purpose..................... $        785,800

 

   Sec. 107. FORENSIC SCIENCES

 

   Full-time equated classified positions.......... 239.5

 

Laboratory operations--182.0 FTE positions............. $     29,745,200

 

Detroit laboratory.....................................               100

 

Marquette laboratory...................................               200

 

Municipal reimbursement................................               200

 

DNA analysis program--57.5 FTE positions...............         7,970,600

 

GROSS APPROPRIATION.................................... $     37,716,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDCH, crime victims rights fund....................           443,300

 

   Federal revenues:

 

DOJ....................................................         4,117,700

 

DOT....................................................           634,000

 

Federal narcotics investigation revenues...............           493,200

 

   Special revenue funds:

 

Local - municipal reimbursement........................               200

 

Criminal justice information center service fees.......           319,400

 

Forensic science reimbursement fees....................         1,455,000

 

Narcotics investigation revenues.......................         1,648,000

 

State forensic laboratory fund.........................         1,733,000


 

State services fee fund................................         9,283,100

 

State general fund/general purpose..................... $     17,589,400

 

   Sec. 108. MICHIGAN COMMISSION ON LAW ENFORCEMENT

 

STANDARDS

 

   Full-time equated classified positions........... 26.0

 

Standards and training--20.0 FTE positions............. $      1,726,900

 

Training only to local units--2.0 FTE positions........           618,900

 

Concealed weapons enforcement training.................           240,000

 

Mental health awareness training.......................           100,000

 

Officer's survivor tuition program.....................            48,500

 

Public safety officers benefit program.................           150,000

 

Justice training grants--4.0 FTE positions.............         6,948,600

 

GROSS APPROPRIATION.................................... $      9,832,900

 

   Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDOC...............................................           100,000

 

   Federal revenues:

 

DOJ....................................................           175,000

 

   Special revenue funds:

 

Concealed weapons enforcement fee......................           240,000

 

Licensing fees.........................................             9,100

 

Michigan justice training fund.........................         6,948,600

 

Secondary road patrol and training fund................           618,900

 

State general fund/general purpose..................... $      1,741,300

 

   Sec. 109. EMERGENCY MANAGEMENT

 

   Full-time equated classified positions........... 87.5

 

Emergency management planning and administration--56.0


 

   FTE positions........................................ $      4,976,900

 

Grants to local government.............................         2,482,100

 

FEMA program assistance--6.0 FTE positions.............         1,936,100

 

Nuclear power plant emergency planning--6.0 FTE

 

   positions............................................         1,529,300

 

Hazardous materials programs--19.5 FTE positions.......        51,079,100

 

GROSS APPROPRIATION.................................... $     62,003,500

 

    Appropriated from:

 

   Federal revenues:

 

DHS....................................................        56,161,600

 

DOT....................................................           583,800

 

   Special revenue funds:

 

Hazardous materials training center fees...............         1,507,600

 

Nuclear plant emergency planning reimbursement.........         1,529,300

 

State general fund/general purpose..................... $      2,221,200

 

   Sec. 110. POST UNIFORM SERVICES

 

   Full-time equated classified positions........ 1,485.0

 

Uniform services--385.0 FTE positions.................. $     46,361,300

 

Security guards........................................           300,000

 

Reimbursed services--11.0 FTE positions................         1,812,700

 

At-post troopers--1,089.0 FTE positions................       143,803,900

 

At-post troopers restoration...........................         2,700,000

 

GROSS APPROPRIATION.................................... $    194,977,900

 

    Appropriated from:

 

   Federal revenues:

 

Federal ARRA assistance to rural law enforcement grant

 

   funding..............................................         2,700,000


 

   Special revenue funds:

 

Criminal justice information center service fees.......           760,300

 

Highway safety fund....................................        15,421,800

 

Narcotics investigation revenues.......................         1,000,000

 

State police service fees..............................         1,812,700

 

Traffic law enforcement and safety fund................        29,098,100

 

State general fund/general purpose..................... $    144,185,000

 

   Sec. 111. STATEWIDE FIELD OPERATIONS

 

   Full-time equated classified positions........... 55.0

 

Operational support--48.0 FTE positions................ $      6,258,100

 

Aviation program--7.0 FTE positions....................         1,478,100

 

GROSS APPROPRIATION.................................... $      7,736,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDCH, crime victims rights fund....................           126,400

 

IDG-MDOC, contract.....................................           101,600

 

   Special revenue funds:

 

Private donations......................................           273,300

 

Rental of department aircraft..........................            51,800

 

State general fund/general purpose..................... $      7,183,100

 

   Sec. 112. SPECIAL INVESTIGATIONS

 

   Full-time equated classified positions.......... 319.0

 

Criminal investigations--207.0 FTE positions........... $      30,688,400

 

Federal antidrug initiatives--49.5 FTE positions.......         6,650,100

 

Reimbursed services, materials, and equipment--3.5 FTE

 

   positions............................................         2,669,200

 

Auto theft prevention--13.0 FTE positions..............         1,794,800


 

Casino gaming oversight--32.0 FTE positions............         4,564,900

 

Fire investigation--14.0 FTE positions.................         1,662,900

 

Fire investigation training to locals..................            50,000

 

GROSS APPROPRIATION.................................... $     48,080,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDT, auto theft funds..................................         1,409,000

 

IDG-MDTR, casino gaming fees...........................         4,564,900

 

   Federal revenues:

 

DOJ....................................................         3,611,700

 

Federal investigations - reimbursed services...........           758,400

 

Federal narcotics investigation revenues...............           483,000

 

   Special revenue funds:

 

Local - reimbursed services............................        1,910,800

 

Forfeiture funds.......................................           557,600

 

Michigan merit award trust fund........................           610,000

 

Narcotics investigation revenues.......................           694,500

 

State general fund/general purpose..................... $     33,480,400

 

   Sec. 113. TRAFFIC SAFETY

 

   Full-time equated classified positions.......... 229.0

 

Motor carrier enforcement--106.0 FTE positions......... $     10,568,100

 

Truck safety enforcement team operations--10.0 FTE

 

   positions............................................         1,345,900

 

Safety inspections--63.0 FTE positions.................         8,283,200

 

School bus inspections--15.0 FTE positions.............         1,432,900

 

Safety projects--18.0 FTE positions....................         2,165,000

 

Traffic services--17.0 FTE positions...................         5,233,900


 

GROSS APPROPRIATION.................................... $     29,029,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDT, truck safety fund.................................         1,345,900

 

IDG-MDOT, state trunkline fund.........................         8,706,900

 

   Federal revenues:

 

DOT....................................................        10,748,100

 

   Special revenue funds:

 

Local - school bus revenue.............................         1,432,900

 

Drunk driving prevention and training fund.............         1,344,800

 

Motor carrier fees.....................................         3,911,100

 

State general fund/general purpose..................... $      1,539,300

 

   Sec. 114. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $     20,627,200

 

Michigan public safety communications system...........        12,757,500

 

GROSS APPROPRIATION.................................... $     33,384,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDT, auto theft funds..................................             8,300

 

IDT, truck safety fund.................................             7,400

 

IDG, training academy charges..........................            31,300

 

IDG-MDOS...............................................             4,500

 

IDG-MDOT, state trunkline fund.........................           242,400

 

IDG-MDTR, emergency telephone fund coordinator.........             1,800

 

IDG-MDTR, emergency telephone fund operations..........            64,100

 

IDG-MDTR, casino gaming fees...........................            88,800

 

   Federal revenues:


 

DHS....................................................           570,100

 

DOJ....................................................           518,400

 

DOT....................................................           173,200

 

   Special revenue funds:

 

Local - AFIS fees......................................            39,200

 

Local - LEIN fees......................................         3,565,800

 

Local - MPSCS subscriber and maintenance fees..........         1,563,300

 

Local - school bus revenue.............................             1,900

 

Commercial mobile radio service fees...................         5,000,000

 

Criminal justice information center service fees.......         4,095,300

 

Forensic science reimbursement fees....................            84,800

 

Highway safety fund....................................            42,700

 

Michigan justice training fund.........................            38,800

 

Motor carrier fees.....................................           583,600

 

Narcotics investigation revenues.......................               900

 

Nuclear plant emergency planning reimbursement.........             4,900

 

Precision driving track fees...........................              300

 

Reimbursed services....................................           156,000

 

Secondary road patrol and training fund................           387,400

 

Sex offender registration fund.........................           210,900

 

State forensic laboratory fund.........................           162,700

 

Traffic crash revenue..................................           225,500

 

Traffic law enforcement and safety fund................            77,000

 

State general fund/general purpose..................... $     15,433,400

 

 

 

 

 

PART 2


Senate Bill No. 253 (H-7) as amended September 17, 2009

PROVISIONS CONCERNING APPROPRIATIONS

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state resources

 

under part 1 for fiscal year 2009-2010 is [$396,546,400.00] and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2009-2010 is [$18,366,400.00]. The

 

itemized statement below identifies appropriations from which

 

spending to units of local government will occur:

 

DEPARTMENT OF STATE POLICE

 

OFFICE OF HIGHWAY SAFETY PLANNING

 

Secondary road patrol program.......................... $   [12,894,100]

 

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

 

Training only to local units........................... $        410,800

 

Justice training grants................................ $      4,533,700

 

SPECIAL INVESTIGATIONS

 

Fire investigation training for locals................. $         50,000

 

SUPPORT SERVICES

 

Management services.................................... $         477,800

 

Total.................................................. $   [18,366,400]

 

     Sec. 202. The appropriations authorized under this act are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this act:

 

     (a) "AFIS" means the automated fingerprint identification

 

system.

 

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


 

     (c) "DHS" means the United States department of homeland

 

security.

 

     (d) "DNA" means deoxyribonucleic acid.

 

     (e) "DOJ" means the United States department of justice.

 

     (f) "DOT" means the United States department of

 

transportation.

 

     (g) "FEMA" means the federal emergency management agency.

 

     (h) "FTE" means full-time equated.

 

     (i) "IDG" means interdepartmental grant.

 

     (j) "IDT" means intradepartmental transfer.

 

     (k) "LEIN" means law enforcement information network.

 

     (l) "MCOLES" means the Michigan commission on law enforcement

 

standards.

 

     (m) "MDCH" means the Michigan department of community health.

 

     (n) "MDMB" means the Michigan department of management and

 

budget.

 

     (o) "MDOC" means the Michigan department of corrections.

 

     (p) "MDOS" means the Michigan department of state.

 

     (q) "MDOT" means the Michigan department of transportation.

 

     (r) "MDTR" means the Michigan department of treasury.

 

     (s) "MPSCS" means the Michigan public safety communications

 

system.

 

     Sec. 204. The department of civil service shall bill

 

departments and agencies at the end of the first fiscal quarter for

 

the 1% charge authorized by section 5 of article XI of the state

 

constitution of 1963. Payments shall be made for the total amount

 

of the billing by the end of the second fiscal quarter.


 

     Sec. 205. (1) A hiring freeze is imposed on the state

 

classified civil service. State departments and agencies are

 

prohibited from hiring any new full-time state classified civil

 

service employees and prohibited from filling any vacant state

 

classified civil service positions. This hiring freeze does not

 

apply to internal transfers of classified employees from 1 position

 

to another within a department.

 

     (2) The state budget director may grant exceptions to this

 

hiring freeze when the state budget director believes that the

 

hiring freeze will result in rendering a state department or agency

 

unable to deliver basic services, causes loss of revenue to the

 

state, would result in the inability of the state to receive

 

federal funds, or would necessitate additional expenditures that

 

exceed any savings from maintaining a vacancy. The state budget

 

director shall report quarterly to the chairpersons of the senate

 

and house of representatives standing committees on appropriations

 

the number of exceptions to the hiring freeze approved during the

 

previous quarter and the reasons to justify the exception.

 

     Sec. 207. At least 60 days before beginning any effort to

 

privatize, the department shall submit a complete project plan to

 

the appropriate senate and house of representatives appropriations

 

subcommittees and the senate and house fiscal agencies. The plan

 

shall include the criteria under which the privatization initiative

 

will be evaluated. The evaluation shall be completed and submitted

 

to the appropriate senate and house of representatives

 

appropriations subcommittees and the senate and house fiscal

 

agencies within 30 months.


 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this act.

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement or

 

it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference shall be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. In addition, preference should be given to goods or

 

services, or both, that are manufactured or provided by Michigan

 

businesses owned and operated by veterans, if they are

 

competitively priced and of comparable quality.

 

     Sec. 210. The director of each department receiving

 

appropriations in part 1 shall take all reasonable steps to ensure

 

businesses in deprived and depressed communities compete for and

 

perform contracts to provide services or supplies, or both, for the

 

department. The director shall strongly encourage firms with which

 

the department contracts to subcontract with certified businesses

 

in depressed and deprived communities for services or supplies, or

 

both.

 

     Sec. 211. It is the intent of the legislature that personnel

 

of the department who request and are eligible for reimbursement of

 

expenses related to the operation of the department be reimbursed


 

from the appropriations provided in this act within 30 days after

 

submitting a request, or the eligible personnel shall be paid an

 

additional amount equal to 0.75% of the payment due. The department

 

shall pay an additional amount equal to 0.75% of the payment due

 

for the first month and each succeeding month or portion of a month

 

the payment remains past due.

 

     Sec. 213. (1) It is the intent of the legislature that the

 

department shall not provide any subsidy for contractual services

 

it provides.

 

     (2) When the department provides contractual services to a

 

local unit of government, the department shall be reimbursed for

 

all costs incurred in providing the services, including, but not

 

limited to, retirement and overtime costs.

 

     (3) Contractual services provided to an entity other than a

 

local unit of government may be provided by department personnel,

 

but only on an overtime basis outside the normal work schedule of

 

the personnel.

 

     (4) This section does not apply to state agencies.

 

     Sec. 214. The departments and agencies receiving

 

appropriations in part 1 shall receive and retain copies of all

 

reports funded from appropriations in part 1. The department shall

 

follow all federal guidelines and state laws regarding short-term

 

and long-term retention of records.

 

     Sec. 215. Not later than January 1, 2010, the department shall

 

report to the state police appropriations subcommittees of the

 

house and senate and the house and senate fiscal agencies. The

 

report shall contain the following information regarding the


 

department's activities related to casino gaming oversight during

 

fiscal year 2008-2009:

 

     (a) The amount of money received and expended.

 

     (b) The nature and structure of the casino gaming oversight

 

unit.

 

     (c) The positions and classifications of employees assigned.

 

     (d) The number of full-time and part-time employees and the

 

aggregate number of FTEs.

 

     (e) The number of enlisted and civilian positions.

 

     (f) The duties and responsibilities of the assigned employees.

 

     (g) The immediate past position of the enlisted employees

 

assigned.

 

     Sec. 216. The department shall collect and computerize the

 

vehicle identification number (VIN) of all vehicles that are

 

entered into the state accident data collection system and make

 

this and other vehicle information available to the public at cost.

 

For bulk access to the accident records in which the VIN has been

 

collected and computerized, the department shall make those records

 

available to the public at cost, provided that the name and address

 

have been excluded.

 

     Sec. 217. From the funds appropriated in part 1, the

 

department shall maintain a toll-free hotline in collaboration with

 

the department of education. The toll-free hotline shall be

 

operated 24 hours per day, 7 days per week, and shall provide

 

students, school officials, and other individuals an opportunity to

 

report specific threats of imminent school violence or other

 

suspicious or criminal conduct by juveniles to the appropriate


 

local law enforcement entities for investigation. The department

 

may expend funds for the promotion of the hotline.

 

     Sec. 218. (1) Funds appropriated in part 1 for at-post

 

troopers shall only be expended for trooper salaries, wages,

 

benefits, retirement, equipment, supplies, and other expenses

 

directly related to state troopers assigned to general law

 

enforcement duties at a department post, detachment, satellite

 

office, or a resident trooper function.

 

     (2) It is the intent of the legislature that every effort be

 

made to identify funding sufficient to conduct a trooper school for

 

the purpose of working toward the goal of establishing a minimum

 

at-post trooper strength of 1,075 in this state.

 

     (3) The department shall submit quarterly written reports to

 

the senate and house appropriations subcommittees on state police

 

and military and veterans affairs no later than December 1, 2009,

 

March 1, 2010, June 1, 2010, and September 1, 2010 which shall

 

include a trooper strength report and the status of the

 

department's plan for accomplishing the goal of subsection (2). If

 

the department determines that insufficient appropriations exist

 

under part 1 to accomplish the goal of subsection (2), the

 

department shall submit a proposal outlining a plan to accomplish

 

the goal, including an accounting of any additional funding

 

necessary to that end.

 

     Sec. 219. The department of state police shall notify the

 

house and senate appropriations subcommittees on state police and

 

military and veterans affairs and the house and senate fiscal

 

agencies not less than 180 days before recommending to close or


 

consolidate any state police posts. The notification shall include

 

a local and state impact study of the proposed post closure or

 

consolidation.

 

     Sec. 220. The department of state police, in keeping with its

 

role as the general law enforcement agency of the state and as the

 

law enforcement agency of last resort for communities that are

 

either without local law enforcement resources or are seriously

 

underserved by local law enforcement resources, shall provide

 

general law enforcement assistance to those communities until

 

adequate law enforcement services can be provided to those

 

communities by other means.

 

     Sec. 221. The department of state police may pursue entering

 

into an agreement with Calhoun County to build a new facility in

 

Marshall which would serve as a new state police post to replace

 

the current state police post in Battle Creek.

 

     Sec. 223. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 

2010 shall be limited to situations in which 1 or more of the

 

following conditions apply:

 

     (a) The travel is required by legal mandate or court order or

 

for law enforcement purposes.

 

     (b) The travel is necessary to protect the health or safety of

 

Michigan citizens or visitors or to assist other states in similar

 

circumstances.

 

     (c) The travel is necessary to produce budgetary savings or to

 

increase state revenues, including protecting existing federal

 

funds or securing additional federal funds.


 

     (d) The travel is necessary to comply with federal

 

requirements.

 

     (e) The travel is necessary to secure specialized training for

 

staff that is not available within this state.

 

     (f) The travel is financed entirely by federal or nonstate

 

funds.

 

     (2) If out-of-state travel is necessary but does not meet 1 or

 

more of the conditions in subsection (1), the state budget director

 

may grant an exception to allow the travel. Any exceptions granted

 

by the state budget director shall be reported on a monthly basis

 

to the senate and house of representatives standing committees on

 

appropriations.

 

     (3) Not later than January 1, 2010, each department shall

 

prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 

funds appropriated in the department's budget. The report shall be

 

submitted to the chairs and members of the senate and house of

 

representatives standing committees on appropriations, the fiscal

 

agencies, and the state budget director. The report shall include

 

the following information:

 

     (a) The name of each person receiving reimbursement for travel

 

outside this state or whose travel costs were paid by this state.

 

     (b) The destination of each travel occurrence.

 

     (c) The dates of each travel occurrence.

 

     (d) A brief statement of the reason for each travel

 

occurrence.


 

     (e) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

     (f) A total of all out-of-state travel funded for the

 

immediately preceding fiscal year.

 

     Sec. 224. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 225. It is the intent of the legislature that the

 

administration, working with the MCOLES, continue the long-held

 

practice that all revenue made available to the department from the

 

Michigan justice training fund be used solely for costs directly

 

related to the delivery of Michigan justice training fund grants,

 

so that in the future, eligible entities as provided under 1982 PA

 

302, MCL 18.421 to 18.429, will have a stable and accurate source

 

of training funds.

 

     Sec. 226. The department of state police, in cooperation with

 

the department of information technology and others, shall take

 

steps to encourage the development of state, local, and regional

 

tactical interoperable communication plans with the ultimate goal

 

being to ensure that effective and efficient communication

 

interoperability between radio communication systems of local,

 

regional, state, and federal agencies is established in every area

 

of the state. The department shall provide a written report to the

 

senate and house appropriations subcommittees on state police and


 

military and veterans affairs no later than April 1, 2010 on the

 

current status of reaching this objective. The report shall include

 

an accounting of exactly where within the state desired

 

interoperability has been achieved and what cooperative measures

 

and use of technology were used to achieve this interoperability,

 

and which areas of the state have not yet achieved such status. The

 

report shall also include a description of what strategies need to

 

be employed to ensure that the remaining areas of the state, and

 

the state as a whole, will have a communication system with

 

efficient and effective interoperability, particularly on occasions

 

when a multijurisdictional response to an emergency is warranted.

 

     Sec. 232. The department shall place emphasis on recruiting

 

MCOLES certified police officers for the trooper recruit school.

 

Emphasis shall be given in the hiring process to those officers who

 

are on layoff and possess valid MCOLES certification. Any emphasis

 

given in the recruiting and selection process shall be consistent

 

with the department's hiring standards and in accordance with civil

 

service rules. The department shall report to the chairpersons of

 

the senate and house of representatives standing committees on

 

appropriations the results of its recruitment and selection

 

process, including the actual number of certified officers selected

 

for any recruit school that is held by September 30, 2010.

 

     Sec. 234. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those activities that the


 

attorney general authorizes.

 

     Sec. 235. (1) If a spending plan for the funds appropriated in

 

part 1 for special operations and events, or sources of financing

 

related to the spending plan, do not provide the level of program

 

service provided for in the current fiscal year, the funds

 

appropriated in part 1 for post uniform services or forensic

 

sciences shall not be used to fund the shortfall.

 

     (2) If a spending plan for the funds appropriated in part 1

 

for special operations and events, or sources of financing related

 

to the spending plan, are in excess of that necessary to provide

 

the level of program service provided for in the current fiscal

 

year, the department shall take steps to transfer whatever excess

 

funding may exist to the funds appropriated in part 1 for post

 

uniform services and forensic sciences.

 

     Sec. 237. From the funds appropriated in part 1, the

 

department shall maintain, for the full 2009-2010 fiscal year,

 

either the operation of each Michigan state police post which was

 

in operation as of April 2, 2007, or an alternative work station in

 

the vicinity of a current Michigan state police post.

 

     Sec. 238. The department of management and budget shall work

 

with the department of state police to reduce building operations

 

and leasing costs for all Michigan state police facilities and to

 

identify efficiencies and savings.

 

     Sec. 239. It is the intent of the legislature that, should

 

funding become available, funds may be appropriated to the

 

department for traffic control purposes at the Michigan

 

international speedway.


 

     Sec. 240. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $10,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this act under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (2) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $3,500,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this act under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (3) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $1,000,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in this act

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     (4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $200,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in this act

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 251. The funding in part 1 for at-post trooper

 

restoration from federal ARRA assistance to rural law enforcement

 

grant funding shall be contingent upon the receipt of federal funds


 

associated with the American recovery and reinvestment act of 2009

 

assistance to rural law enforcement grant program.

 

     Sec. 252. The line-item appropriations in part 1 financed by

 

federal funds designated as ARRA funding represent federal funds

 

associated with the American recovery and reinvestment act of 2009,

 

Public Law 111-5. These federal funds are temporary in nature. It

 

is the intent of the legislature that when these temporary federal

 

funds are fully expended, the program funding levels supported by

 

these temporary federal funds will not be continued.

 

     Sec. 253. From the funds appropriated in part 1, the

 

department shall use an amount not to exceed $10,000.00 to develop

 

and maintain a publicly accessible Internet site to post all

 

expenditures made by the department for the fiscal year. The

 

posting of expenditures shall include the purpose for which each

 

expenditure was made. The department is not required to hire

 

additional employees to comply with this section.

 

     Sec. 254. On a bimonthly basis, the department shall report on

 

the number of FTEs in pay status by civil service classification to

 

the house and senate appropriations subcommittees on state police

 

and military and veterans affairs and the house and senate fiscal

 

agencies.

 

     Sec. 255. It is the intent of the legislature that the state

 

honor its lease contracts to avoid the depreciation of the state's

 

credit ratings and to uphold credibility with the state's current

 

and future business relationships.

 

 

 

INFORMATION TECHNOLOGY


 

     Sec. 301. The money appropriated in part 1 for computer

 

services shall be funded by LEIN user fees sufficient to pay 33% of

 

the state's service and contract maintenance costs of the LEIN.

 

     Sec. 302. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user

 

fees to the department of information technology for technology-

 

related services and projects. These user fees shall be subject to

 

provisions of an interagency agreement between the department and

 

the department of information technology.

 

     Sec. 303. Amounts appropriated in part 1 for information

 

technology may be designated as work projects and carried forward

 

to support technology projects under the direction of the

 

department of information technology. Funds designated in this

 

manner are not available for expenditure until approved as work

 

projects under section 451a of the management and budget act, 1984

 

PA 431, MCL 18.1451a.

 

     Sec. 304. A portion of the funds appropriated in part 1 shall

 

be used by the department to produce a written report detailing

 

departmental policies regarding access to and use of information

 

from the LEIN system. The report shall include a description of

 

departmental measures to protect the security of information in the

 

LEIN system including safeguards that would prevent unauthorized

 

persons from obtaining information from the LEIN system. The

 

department shall submit a copy of this report to the senate and

 

house appropriations committees not later than April 1, 2010.

 

     Sec. 305. The criminal justice information systems policy

 

council shall encourage members of the law enforcement agencies in


 

the state to be sensitive to, and note when necessary, activities

 

or circumstances that may suggest the unauthorized access or misuse

 

of information from the LEIN system. The criminal justice

 

information systems policy council shall advise LEIN auditors, as a

 

part of their audit of law enforcement agencies, to investigate in

 

depth all suspected incidents of improper access or improper use of

 

information from the LEIN system and determine whether or not those

 

incidents were illegal. In those incidents that may be determined

 

to be illegal, the executive secretary for the council shall

 

determine whether those incidents were of a negligent or criminal

 

nature. If an incident is determined to be an illegal act, the

 

council shall inform the chairs of both the senate and house

 

appropriations committees.

 

     Sec. 306. (1) The department of state police, working with the

 

criminal justice information systems policy council, shall

 

implement procedures by which all probation information is placed

 

on the LEIN system. The LEIN system shall include information on

 

each probationer, including any probation conditions placed on a

 

probationer and the name of the probation officer assigned to a

 

probationer. The LEIN system shall also include any nonstandard

 

probation terms.

 

     (2) If the department determines that amendments to the code

 

of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69, are

 

required to include all probation information on the LEIN system,

 

the department shall deliver to members of the senate and house

 

appropriations subcommittees on state police and military affairs

 

amendments to the code of criminal procedure, 1927 PA 175, MCL


 

760.1 to 777.69, that, in the department's view, are necessary to

 

accomplish this goal. These proposed amendments shall be delivered

 

to subcommittee members not later than December 1, 2009.

 

     Sec. 307. The department of state police shall serve as an

 

active liaison between the department of information technology and

 

local public safety agencies to facilitate the use of the Michigan

 

public safety communications system towers by those local public

 

safety agencies that have an interest in using the towers as a part

 

of their own communications system. The department of state police

 

shall deliver a written report to the senate and house

 

appropriations subcommittees on state police and military and

 

veterans affairs by April 1, 2010, which shall include an

 

assessment of the progress toward establishing local public safety

 

agency use of the Michigan public safety communications system

 

towers, an accounting of problems that may be preventing local use

 

of the towers, and any recommendations the department has that may

 

foster this utilization.

 

     Sec. 308. The department of state police shall report any LEIN

 

fee increase to the senate and house appropriations subcommittees

 

on state police and military and veterans affairs 60 days prior to

 

the effective date of that increase. The report shall contain the

 

following information: the current fee structure and the total

 

revenue earned each year; the new fee structure and the total

 

revenue it is expected to earn annually; the total annual cost of

 

the LEIN system; and the total amount of LEIN fees paid by the

 

department under both the old and the new structure.

 

     Sec. 309. From the funds appropriated in part 1 for


 

information technology, the department may develop and issue a

 

request for proposal for the development, implementation, and

 

maintenance of an electronic system for real-time enforcement of

 

section 3101 of the insurance code of 1956, 1956 PA 218, MCL

 

500.3101.

 

 

 

HIGHWAY SAFETY PLANNING

 

     Sec. 401. On a biannual basis, the department shall report to

 

the senate and house appropriations subcommittees on state police

 

and military affairs on the status of assessments collected and

 

authorized under section 629e of the Michigan vehicle code, 1949 PA

 

300, MCL 257.629e, for the purposes of supporting the secondary

 

road patrol grant program. Each biannual report shall contain

 

updated information on collection levels, revised projected grant

 

allotments to counties for the year, a comparison of projected

 

collections and grant distribution levels with the funds

 

appropriated in part 1 for the secondary road patrol program, and

 

the extent collection levels have exceeded or failed to meet

 

appropriated levels for the current fiscal year or expenditure

 

levels from the previous fiscal year.

 

 

 

FORENSIC SCIENCES

 

     Sec. 501. (1) The department shall distribute a copy of the

 

department's protocol for retaining and purging DNA analysis

 

samples and records to each police agency in this state.

 

     (2) The department shall report to the house and senate

 

appropriations subcommittees on state police and military and


 

veterans affairs and the house and senate fiscal agencies when any

 

changes to the department's DNA protocol are made.

 

     Sec. 502. The department shall work with the department of

 

community health, the Michigan health and hospital association, the

 

Michigan state medical society, and the Michigan nurses association

 

to ensure that the recommendations included in the "Standard

 

Recommended Procedures for the Emergency Treatment of Sexual

 

Assault Victims" are followed in the collection of evidence.

 

 

 

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

 

     Sec. 601. The money appropriated to the MCOLES for maintenance

 

and delivery of training to locals is provided in accordance with a

 

state reimbursement policy in which 100% of the determined state

 

reimbursement rate shall be distributed upon certification by the

 

MCOLES.

 

     Sec. 603. The appropriation in part 1 for mental health

 

awareness training and coordination shall be expended for training

 

law enforcement officers, mental health practitioners, and other

 

criminal justice personnel in effective and safe ways of assisting

 

people with mental illness and directing people with mental

 

disorders to treatment programs.

 

     Sec. 604. From the funds appropriated in part 1 to the

 

Michigan commission on law enforcement standards funds may be used

 

to provide training for motor carrier officers and capitol security

 

officers for the purpose of qualifying them for MCOLES

 

certification.

 

     Sec. 605. Beginning October 1, 2009, the administrative


 

functions and duties of the executive director of MCOLES shall be

 

transferred to the department's training division.

 

 

 

EMERGENCY MANAGEMENT

 

     Sec. 801. (1) The state director of emergency management may

 

expend money appropriated under this act to call upon any agency or

 

department of the state or any resource of the state to protect

 

life or property or to provide for the health or safety of the

 

population in any area of the state in which the governor proclaims

 

a state of emergency or state of disaster under 1945 PA 302, MCL

 

10.31 to 10.33, or under the emergency management act, 1976 PA 390,

 

MCL 30.401 to 30.421. The state director of emergency management

 

may expend the amounts the director considers necessary to

 

accomplish these purposes. The director shall submit to the state

 

budget director as soon as possible a complete report of all

 

actions taken under the authority of this section. The report shall

 

contain, as a separate item, a statement of all money expended that

 

is not reimbursable from federal money. The state budget director

 

shall review the expenditures and submit recommendations to the

 

legislature in regard to any possible need for a supplemental

 

appropriation.

 

     (2) In addition to the money appropriated in this act, the

 

department may receive and expend money from local, private,

 

federal, or state sources for the purpose of providing emergency

 

management training to local or private interests and for the

 

purpose of supporting emergency preparedness, response, recovery,

 

and mitigation activity. If additional expenditure authorization in


 

the Michigan administrative information network is approved by the

 

state budget office under this section, the department and the

 

state budget office shall notify the house and senate

 

appropriations subcommittees on state police and military and

 

veterans affairs and the house and senate fiscal agencies within 10

 

days after the approval. The notification shall include the amount

 

and source of the additional authorization, the date of its

 

approval, and the projected use of funds to be expended under the

 

authorization.

 

     Sec. 803. The department's emergency management division shall

 

make every effort to ensure both of the following:

 

     (a) That homeland security grants offered by the federal

 

government and channeled through the department are allocated to

 

first responder entities in the highest percentage possible.

 

     (b) That homeland security grants awarded to the city of

 

Detroit shall not be used to supplant city general funds designated

 

to support first responder operations.

 

 

 

POST UNIFORM SERVICES

 

     Sec. 901. State police enlisted personnel who are employed to

 

enforce traffic laws as provided in section 629e of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited

 

from responding to crimes in progress or other emergency

 

situations, and are responsible for protecting every citizen of

 

this state from harm.

 

     Sec. 902. From the funds appropriated in part 1 for security

 

guards, the department shall only use these funds for security


 

services at the state capitol building.

 

 

 

STATEWIDE FIELD OPERATIONS

 

     Sec. 1002. Money privately donated to the department is

 

appropriated under part 1 to be used for the purposes designated by

 

the donor of the money. Money privately donated to the department's

 

canine unit shall be used to purchase equipment and other items to

 

enhance the operation of the canine unit.

 

 

 

SPECIAL INVESTIGATIONS

 

     Sec. 1101. (1) There is sufficient money appropriated in part

 

1 to special investigations to ensure that the citizens in a

 

service area of any state police post in the vicinity of a state

 

prison do not experience a downgrading of state police services in

 

their area. Special investigations shall be available by temporary

 

or permanent assignment of a detective when either a temporary or

 

permanent prison facility is opened.

 

     (2) If the department is unable to comply with subsection (1)

 

and there is a prison scheduled to open, the department shall

 

provide troopers to serve as investigators on an interim basis.

 

 

 

MOTOR CARRIER ENFORCEMENT

 

     Sec. 1201. (1) The department shall report to the house and

 

senate appropriations subcommittees on state police and the house

 

and senate fiscal agencies by March 1, 2010 regarding the

 

inspection of school buses and other motor vehicles under section

 

715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a, and


 

section 39 of the pupil transportation act, 1990 PA 187, MCL

 

257.1839. The report shall include the following information

 

regarding inspections conducted in calendar year 2009:

 

     (a) The number of buses and vehicles inspected by the

 

department.

 

     (b) The number of buses and vehicles passing and failing

 

inspection.

 

     (c) The estimated number of buses and vehicles not inspected.

 

     (2) If each school bus within a school system receives a 100%

 

successful state inspection on its first inspection in a given

 

year, the department shall award a certificate to that school

 

system.