SUBSTITUTE FOR
SENATE BILL NO. 184
A bill to make appropriations for the department of state
police and certain other state purposes for the fiscal year ending
September 30, 2012; to provide anticipated appropriations for the
fiscal year ending September 30, 2013; 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; to provide for the powers
and duties of certain committees, certain state agencies, and
certain employees; and to provide for the acquisition and
disposition of certain real and personal property.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part for the department of state police are
appropriated for the fiscal year ending September 30, 2012, 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.......... 2.0
Full-time equated classified positions........ 2,751.0
GROSS APPROPRIATION.................................... $ 524,282,700
Total interdepartmental grants and intradepartmental
transfers............................................ 23,546,200
Schedule of interdepartmental grant revenue sources:
IDG, training academy charges............... 2,505,200
IDG-MDOC, contract............................ 167,100
IDG-MDOS...................................... 332,000
IDG-MDOT, state trunkline fund............. 10,586,900
IDG-MDTR, casino gaming fees................ 5,190,800
IDG-MDTR, emergency telephone fund
coordinator.................................. 585,800
IDG-MDTR, emergency telephone fund
operations................................... 628,900
IDT, auto theft funds......................... 633,400
IDT, Michigan justice training fund......... 1,450,000
IDT, truck safety fund...................... 1,466,100
ADJUSTED GROSS APPROPRIATION............................ $ 500,736,500
Total federal revenues.................................. 106,051,600
Schedule of federal revenue sources:
DHS........................................ 56,202,400
DOJ........................................ 15,950,000
DOJ interest bearing........................ 8,136,500
DOT........................................ 24,133,800
Federal investigations-reimbursed
services................................... 1,034,600
Federal narcotics investigation revenues...... 594,300
Total local revenues................................... 6,456,700
Schedule of local revenue sources:
Local-AFIS fees................................ 78,100
Local-LEIN fees............................. 1,173,100
Local-MPSCS subscriber & maintenance fees... 1,713,100
Local-reimbursed services................... 1,962,800
Local-school bus revenue.................... 1,529,600
Total private revenues................................. 216,100
Schedule of private revenue sources:
Private donations............................. 216,100
Total state restricted revenues........................ 123,336,100
Schedule of restricted revenue sources:
Auto theft prevention fund.................. 6,704,500
Commercial mobile radio service fees........ 7,000,000
CJIC service fees.......................... 16,370,400
Concealed weapons enforcement fee............. 100,000
Drunk driving prevention & training fund.... 1,299,700
Forensic science reimbursement fees......... 1,352,700
Forfeiture funds............................... 75,000
Hazardous materials training center fees.... 1,281,200
Highway safety fund........................ 11,814,000
Licensing fees.................................. 9,100
Michigan justice training fund.............. 8,188,400
Michigan merit award trust fund............... 682,000
Motor carrier fees.......................... 3,865,900
Narcotics investigation revenue............... 989,200
Nuclear plant emergency planning
reimbursement.............................. 2,065,700
Precision driving track fees.................. 287,500
Reimbursement services...................... 1,195,800
Rental of department aircraft.................. 53,300
Secondary road patrol & training fund...... 15,100,500
Sex offenders registration fund............... 283,200
State forensic laboratory fund.............. 1,852,900
State police service fees................... 2,087,100
State services fee fund.................... 10,254,100
Tobacco tax revenue......................... 3,000,000
Traffic crash revenue......................... 315,800
Traffic law enforcement and safety fund.... 24,094,400
Trooper school recruitment fund................. 1,100
Truck driver safety fund.................... 3,012,600
State general fund/general purpose..................... $ 264,676,000
Sec. 102. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 2.0
Full-time equated classified positions........... 38.5
Executive direction.................................... $ 5,083,700
GROSS APPROPRIATION.................................... $ 5,083,700
Appropriated from:
Interdepartmental grant revenues....................... 31,300
State restricted revenues.............................. 483,600
State general fund/general purpose..................... $ 4,568,800
Schedule of programs:
Unclassified positions........................ 261,100
Executive direction......................... 2,602,400
Special operations and events............... 2,220,200
Sec. 103. SCIENCE, TECHNOLOGY, AND TRAINING BUREAU
Full-time equated classified positions.......... 459.5
Science, technology, and training bureau............... $ 100,304,700
GROSS APPROPRIATION.................................... $ 100,304,700
Appropriated from:
Interdepartmental grant revenues....................... 5,458,300
Federal revenues....................................... 9,332,800
Local revenues......................................... 2,913,000
State restricted revenues.............................. 45,379,700
State general fund/general purpose..................... $ 37,220,900
Schedule of programs:
Criminal justice information center
division.................................. 11,355,700
Criminal records improvement................ 2,249,500
Traffic safety.............................. 1,922,900
Laboratory operations...................... 28,960,100
DNA analysis program........................ 7,982,800
Standards and training/justice training
grants..................................... 8,970,400
Concealed weapons enforcement training........ 100,000
Training only to local units.................. 587,900
Public safety officers benefit program........ 149,600
Training administration..................... 4,813,300
Information technology services and
projects.................................. 18,701,700
Michigan public safety communications
system.................................... 13,060,800
In-service training-law enforcement
distribution................................. 450,000
In-service training-competitive............. 1,000,000
Sec. 104. FIELD SERVICES BUREAU
Full-time equated classified positions........ 1,999.0
Field services bureau.................................. $ 270,391,600
GROSS APPROPRIATION.................................... $ 270,391,600
Appropriated from:
Interdepartmental grant revenues....................... 16,680,500
Federal revenues....................................... 18,354,300
Local revenues......................................... 3,484,400
Private revenues....................................... 216,100
State restricted revenues.............................. 47,139,400
State general fund/general purpose..................... $ 184,516,900
Schedule of programs:
Narcotics investigation funds................. 265,100
Uniform services........................... 44,974,600
Capitol security.............................. 659,200
At-post troopers.......................... 129,238,300
Reimbursed services......................... 2,087,100
Operational support......................... 7,297,100
Aviation program............................ 1,529,700
Criminal investigations.................... 34,574,500
Federal antidrug initiatives............... 10,861,900
Reimbursed services, materials, and
equipment.................................. 2,997,400
Auto theft prevention....................... 1,041,700
Casino gaming oversight..................... 5,028,200
Fire investigations......................... 1,811,800
Parole absconder sweeps........................ 12,200
Motor carrier enforcement.................. 11,019,900
Truck safety enforcement team operations.... 1,434,300
Safety inspections.......................... 6,803,500
School bus inspections...................... 1,521,600
Safety projects............................. 1,802,100
Traffic services............................ 5,431,400
Sec. 105. SUPPORT SERVICES
Full-time equated classified positions.......... 254.0
Support services....................................... $ 148,502,700
GROSS APPROPRIATION.................................... $ 148,502,700
Appropriated from:
Interdepartmental grant revenues....................... 1,376,100
Federal revenues....................................... 78,364,500
Local revenues......................................... 59,300
State restricted revenues.............................. 30,333,400
State general fund/general purpose..................... $ 38,369,400
Schedule of programs:
Auto theft prevention program............... 6,694,100
Special maintenance and utilities............. 402,800
Rent and building occupancy charges......... 8,363,200
Worker's compensation....................... 3,266,300
Fleet leasing.............................. 12,980,700
Management services........................ 12,476,200
Budget and financial services............... 1,746,000
Office of justice program grants............ 8,497,100
Accounting service center................... 1,031,100
State program planning and administration... 1,094,100
Secondary road patrol program.............. 14,041,600
Truck safety program........................ 3,011,000
Federal highway traffic safety
coordination.............................. 12,585,500
Emergency management planning and
administration............................. 5,701,200
Grants to local government.................. 2,482,100
FEMA program assistance..................... 4,930,200
Nuclear power plant emergency planning...... 2,030,000
Hazardous materials programs............... 47,169,400
Interdepartmental grant to legislature............ 100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $388,012,100.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $19,006,000.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Science, technology, and training bureau............... $ 4,541,000
Schedule of programs:
Justice training grants................................ 4,375,100
Training only to local units........................... 165,900
Support services....................................... 14,465,000
Schedule of programs:
Secondary road patrol.................................. 13,901,200
Management services.................................... 563,800
TOTAL.................................................. $ 19,006,000
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 State department of justice.
(f) "DOT" means the United States department of
transportation.
(g) "DTMB" means the department of technology, management, and
budget.
(h) "FEMA" means the federal emergency management agency.
(i) "IDG" means interdepartmental grant.
(j) "IDT" means intradepartmental transfer.
(k) "LEIN" means the law enforcement information network.
(l) "MCOLES" means Michigan commission on law enforcement
standards.
(m) "MDCH" means the Michigan department of community health.
(n) "MDOC" means the Michigan department of corrections.
(o) "MDOS" means the Michigan department of state.
(p) "MDOT" means the Michigan department of transportation.
(q) "MDTR" means the Michigan department of treasury.
(r) "MPSCS" means Michigan public safety communications
system.
(s) "Work project" means, except as used in section 211, a
group of activities featuring a fixed duration, budget, and scope
that is expected to cause a measurable change in the delivery,
efficiency, or effectiveness of 1 or more operations.
Sec. 204. The following shall constitute the appropriations
from part 1 for interdepartmental grant funds received by the
department from sources outside the department: $2,505,200.00 from
training academy charges; $167,100.00 from the department of
corrections contract; $332,000.00 from the department of state;
$10,586,900.00 from the department of transportation — state
trunkline funds; $5,190,800.00 from casino gaming fees; $585,800.00
from the department of treasury — emergency telephone fund
coordinator; and $628,900.00 from the department of treasury —
emergency telephone fund operations.
Sec. 205. (1) The following shall constitute the
appropriations from part 1 for interdepartmental grant funds made
from the department to other departments: $1,095,900.00 to the
department of environmental quality--radiological emergency
preparedness; $139,000.00 to the department of attorney general--
justice training competitive grant; $300,000.00 to the judiciary--
justice training competitive grant; $322,300.00 to the department
of attorney general--operations; $900,000.00 to the department of
military and veterans affairs--homeland security grant;
$18,701,700.00 to DTMB--information technology services and
projects; and $13,060,800.00 to DTMB--Michigan public safety
communications systems.
(2) Based on the availability of federal funding and the
demonstrated need as indicated by applications submitted to the
state court administrative office, the department shall provide
$1,800,000.00 in Byrne justice assistance grant program funding to
the judiciary by interdepartmental grant.
Sec. 206. (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. 207. (1) The department shall maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment, date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
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 should 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 department 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 of the department 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. 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 technology, management, and budget. 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. 212. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 213. (1) Due to the current budgetary problems in this
state, out-of-state travel for this fiscal year ending September
30, 2012 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.
Sec. 214. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
department and agencies and the department of technology,
management, and budget.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. (1) Notwithstanding any other provision of this act,
the schedule of programs in part 1 lists programs which may, but
are not required to be, funded under this act, with the following
exceptions:
(a) Standard & training/justice training grants.
(b) Casino gaming oversight.
(c) Commercial mobile radio service fees.
(2) Notwithstanding any other provisions of this act, the
schedule of revenue sources in part 1 may or may not be received
from the funding entities listed.
(3) The secondary road patrol funding is not subject to
funding flexibility and shall be funded in accordance with section
629e of the Michigan vehicle code, 1949 PA 300, of MCL 257.629e.
(4) Any funding required by statute is not subject to funding
flexibility and shall be funded in accordance with that statute.
Sec. 217. The department shall improve its budgetary
efficiency pertaining to the delivery of core services delineated
in section 221 by doing all of the following:
(a) Prioritizing personnel over buildings in budgetary
efficiency considerations.
(b) Pursuing the physical or virtual consolidation of support
service functions such as information technology, human resources,
and accounting as a means of improving standardization and
efficiency.
(c) Seeking expenditure reductions whenever possible through
the streamlining of existing service delivery activities.
(d) Identifying efficiencies that can be gained via the
reduction or elimination of programs, policies, and practices which
have outlived their usefulness.
Sec. 218. (1) Any unused general fund/general purpose funds
for this fiscal year created through efficiencies and identified by
the department as potential lapsed funds shall be designated as the
department incentive pool balance, provided that all the
requirements of this part have been achieved.
(2) Any funds associated with any supplemental general
fund/general purpose fund requests for this fiscal year shall be
debited against this fiscal year's department incentive pool
balance if it does not meet 1 or more of the following criteria:
(a) The supplemental funds pertain to the addition of a new
core service.
(b) The supplemental funds pertain to the expansion of
existing service capacity beyond current fiscal year expectations.
(3) At the end of this fiscal year, if the incentive pool
balance is positive, the department incentive pool balance shall be
allocated as follows:
(a) Ten percent of the unused funds shall be allocated as work
project funds to be used in a manner that provides direct benefit
to department employees or their families within 12 months of the
end of this fiscal year.
(b) Forty percent of the unused funds shall be allocated as
work project funds to be used at the discretion of the department
for projects designed to improve service delivery.
(c) Fifty percent of the unused funds shall be lapsed to the
general fund/general purpose fund.
Sec. 219. (1) The department shall be available to meet on a
quarterly basis before the appropriate senate and house
appropriations subcommittees.
(2) The department shall provide all information necessary to
validate that the requirements of this part have been achieved.
(3) The department shall provide a corrective action plan
within 30 days of a quarterly report under this section for any
requirements of this part that have not been achieved. The
department shall provide a monthly status of correction action
plans.
(4) The department shall provide a summary of fund shifts,
that have been approved by the state budget office, that have
occurred between items listed in the schedule of programs mentioned
in part 1 on a quarterly basis to the senate and house
appropriations subcommittees.
(5) The department shall provide the following data to the
appropriate senate and house appropriations subcommittees:
(a) A list of major work projects, including the status of
each project.
(b) The department's financial status, featuring a report of
budgeted versus actual expenditures by part 1 line item including a
year-end projection of budget requirements. If projected department
budget requirements exceed the allocated budget, the report shall
include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) Forensic laboratory system staffing levels and vacancies
and backlogs in all disciplines.
Sec. 220. The department shall provide the following data to
the appropriate senate and house appropriations subcommittees on an
annual basis:
(a) Bridge card enforcement as described section 306(4) of
this part.
(b) As it pertains to inspections conducted by the traffic
safety division, all of the following:
(i) The number of buses and vehicles inspected by the
department.
(ii) The number of buses and vehicles passing and failing
inspection.
(iii) The estimated number of buses and vehicles not inspected.
(c) A report on the status of assessments collected and
authorized under section 629e of the Michigan vehicle code, 1949 PA
300, MCL 257.629e, for the purpose of supporting the secondary road
patrol grant program. The 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.
(d) A report regarding the department's activities related to
casino gaming oversight. The report shall contain the following:
(i) The amount of money received and expended.
(ii) The nature and structure of the casino gaming oversight
unit.
(iii) The positions and classifications of employees assigned.
(iv) The number of full-time and part-time employees and the
aggregate number of FTEs.
(v) The duties and responsibilities of the assigned employees.
Sec. 221. The appropriations in part 1 are for the core
services, support services, and work projects of the department,
including, but not limited to, the following core services: traffic
safety and enforcement, complaint and criminal investigations, fire
investigation, sex offender registry and enforcement, specialty
teams, regional communication centers, civil disorder response –
mobilization, capitol security, hazardous materials response
training, intelligence gathering and dissemination, state emergency
operations center, criminal history system, fingerprint and
background checks, the law enforcement information network,
forensics, training and recruiting, public awareness campaigns,
establishing and monitoring law enforcement standards, and grants
administration.
Sec. 222. The department 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 90 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. 223. At least 60 days before beginning any effort to
privatize, the department shall submit a complete project plan to
the appropriate 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 appropriations subcommittees and
the senate and house fiscal agencies within 30 months.
Sec. 224. 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. 225. (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) The department shall define service cost models for those
services requiring reimbursement.
(4) 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.
(5) This section does not apply to state agencies.
Sec. 226. The department shall strive to inspect its worksites
annually to ensure internal control and quality of service.
Sec. 227. The department shall define interoperability
standards to ensure effective communication between state, local,
regional, and federal agencies under public safety scenarios. The
department shall monitor compliance with these interoperability
standards by the agencies and notify the legislature and pertinent
agency management of noncompliance within 30 days of this
determination.
Sec. 228. Not later than November 15, the department shall
prepare and transmit a report that provides for estimates of the
total general fund/general purpose appropriations lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriations lapses by
major departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairperson of
the senate and house standing committees on appropriations, and the
senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on state police and
military and veterans affairs, respectively, and the senate and
house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending
September 30, 2011 and September 30, 2012.
Sec. 230. The department may pursue entering into an agreement
with Calhoun County to build a new facility in that county which
would serve as the new state police post for region 4 of district
5, as identified by the department.
Sec. 231. The department, 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. 232. The department shall serve as an active liaison
between the department of technology, management, and budget and
local public safety agencies to facilitate the use of the MPSCS
towers by those local public safety agencies that have an interest
in using the towers as a part of their communication system.
SCIENCE, TECHNOLOGY, AND TRAINING BUREAU
Sec. 301. (1) The department shall provide forensic testing
services to aid in criminal investigations.
(2) The department shall maintain the staffing and resources
necessary to provide forensic evidence with an average turnaround
time of 82 days assuming an annual caseload volume commensurate
with that received in fiscal year 2009-2010.
(3) The department shall define and implement improved methods
with the intent of reaching an average 55-day turnaround for
forensic evidence.
(4) If changes are made to the department's protocol for
retaining and purging DNA analysis samples and records, the
department shall post a copy of the protocol changes on the
department's website.
Sec. 302. (1) The department shall develop and deliver
professional, innovative, and quality training that supports the
enforcement and public safety efforts of the criminal justice
community.
(2) The department shall maintain the staffing and resources
necessary to provide educational opportunities for personal and
professional growth to a minimum of 10,000 state and local law
enforcement employees and other public safety partners.
(3) The department shall maintain the staffing and resources
necessary to provide educational opportunities for personal and
professional growth to a minimum of 3,000 community members.
(4) The department shall define and implement methods with a
goal of reducing the cost of training services delivery by 20%.
These methods may include the pursuit of technology to reach
students throughout the state utilizing distance learning.
(5) 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.
(6) The department shall develop and provide a service
delivery cost model for its training activities.
Sec. 303. (1) MCOLES shall establish standards for the
selection, employment, training, education, licensing, and
revocation of all law enforcement officers.
(2) MCOLES shall maintain the staffing and resources necessary
to provide the basic law enforcement training curriculum for 20
academy programs statewide.
(3) MCOLES shall maintain a minimum 98% passing rate from the
MCOLES licensing exam without lowering academic standards to
achieve this rate.
Sec. 304. (1) The department shall maintain a criminal history
system and the state accident data collection system in the support
of public safety and law enforcement communities in this state.
(2) The department shall maintain the staffing and resources
necessary to adhere to 1925 PA 289, MCL 28.241 to 28.248.
(3) The department shall improve the accuracy, timeliness, and
completeness of criminal history information through outreach
targeted to criminal justice agencies.
(4) The department shall maintain the state accident data
collection system and make this information available to the public
at a reasonable cost. For bulk access to the accident records in
which the vehicle identification number has been collected and
computerized, the department shall make those records available to
the pubic at cost, provided that the name and address have been
excluded.
Sec. 305. (1) The department shall provide fingerprint and
background check services in support of public safety and law
enforcement communities in this state.
(2) The department shall maintain the staffing and resources
necessary to process fingerprint and background check services
commensurate with fiscal year 2009-2010.
(3) The department shall maintain resources and educational
outreach for the electronic submission of fingerprint information
from local law enforcement agencies and maintain at least a 97%
submission rate.
(4) The department shall define and maintain a cost model
pertaining to providing fingerprint check services and provide for
the following:
(a) Fingerprint service fees shall be commensurate with the
actual costs of delivering this service.
(b) The department shall pursue means of reducing the expenses
associated with delivering this service.
Sec. 306. (1) The department shall maintain the law
enforcement information network in support of public safety and law
enforcement communities in this state.
(2) The department shall maintain the staffing and resources
necessary to adhere to the C.J.I.S. policy council act, 1974 PA
163, MCL 28.211 to 28.215.
(3) The department shall audit criminal justice agencies as
required by federal guidelines.
(4) The department shall work cooperatively with the
department of human services to coordinate the functions of the
state police LEIN system and the department of human services
bridges case management system to provide obtainable data that will
allow authorized users of the bridges case management system to
identify those persons who may be ineligible to receive certain
assistance services due to their law enforcement status.
(5) The department shall implement procedures by which all
probation information is placed on the LEIN system and provide for
the following:
(a) 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 the
probationer. The LEIN system shall also include any nonstandard
probation terms.
(b) 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 and
veterans 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,
2011.
(6) The appropriations in part 1 do not contain any funding
from LEIN user fees for services rendered in fiscal year 2011-2012.
If the department chooses to propose such a fee for fiscal year
2011-2012, the department shall do each of the following:
(a) Notify the senate and house appropriations subcommittees
on state police and military and veterans affairs no less than 90
days prior to establishing the fee.
(b) Define and maintain a cost model pertaining to the
provision of LEIN administration services. LEIN service fees shall
be commensurate with the actual costs of delivering this service.
The department shall pursue means of reducing the expenses
associated with delivering this service.
FIELD SERVICES BUREAU
Sec. 401. (1) The department shall oversee traffic safety and
enforcement in this state.
(2) The department shall maintain the staffing and resources
necessary to make traffic contacts per patrol hours commensurate
with the service level and contact areas exhibited in fiscal year
2010-2011. There shall be no degradation of road patrol services to
any region of this state.
(3) The department shall maintain the staffing and resources
necessary to continually work to enhance traffic safety throughout
the state.
(4) The department shall maintain the staffing and resources
necessary to annually inspect at least 75,000 commercial vehicles.
(5) Department 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. 402. (1) The department shall identify and apprehend
criminals through criminal investigations in this state.
(2) The department shall maintain the staffing and resources
necessary to devote a comparable number of hours investigating
crimes as those performed in fiscal year 2009-2010.
(3) The department shall maintain the staffing and resources
necessary to annually meet or exceed a case clearance rate of 56%.
(4) 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 Procedure for the Emergency Treatment of Sexual Assault
Victims" are followed in the collection of evidence.
(5) The department shall provide protection to this state, its
economy, welfare, and vital state-sponsored programs through the
prevention and suppression of organized smuggling of untaxed
tobacco products in the state, through enforcement of the tobacco
products tax act, 1993 PA 327, MCL 205.421 to 205.436, and other
laws pertaining to combating criminal activity in this state, by
maintaining a tobacco tax enforcement unit. The appropriations in
part 1 include funding from the potential receipt of $3,000,000.00
in tobacco tax revenue. If these funds become available for
expenditure by the department, the department shall utilize them
only for costs associated with an increased effort to enforce
tobacco tax laws, including the deployment of additional tobacco
tax enforcement personnel.
Sec. 403. (1) The department shall provide fire investigation
services to citizens of this state through investigative assistance
to local law enforcement agencies.
(2) The department shall maintain the staffing and resources
necessary to maintain readiness to respond appropriately to at
least the number of requests for service which occurred in fiscal
year 2009-2010.
(3) The fire investigation unit shall be available for call
out statewide 100% of the time.
Sec. 404. (1) The department shall oversee the sex offender
registry and its enforcement in this state.
(2) The department shall maintain the staff and resources
necessary to enforce the provision of the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.736.
(3) The department shall maintain the staffing and resources
necessary to perform activities to maintain a 93% compliance rate
for reporting by registered sex offenders.
Sec. 405. (1) The department shall provide specialty services
to citizens of this state in accordance with all applicable state
and federal laws and regulations.
(2) The department shall maintain the staffing and resources
necessary to provide training to maintain readiness to respond
appropriately to at least the number of requests for specialty
services which occurred in fiscal year 2009-2010.
(3) The canine unit shall be available for call out statewide
100% of the time.
(4) The bomb squad unit shall be available for call out
statewide 100% of the time.
(5) The emergency support teams shall be available for call
out statewide 100% of the time.
(6) The underwater recovery unit shall be available for call
out statewide 100% of the time.
(7) Aviation services shall be available for call out
statewide 100% of the time, unless prohibited by weather or
unexpected mechanical breakdowns.
(8) 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.
Sec. 406. (1) The department shall operate and maintain
regional communication centers.
(2) The department shall maintain staffing and resources
necessary to provide communication to Michigan state police law
enforcement through the regional communication centers by
maintaining 47,000 radio contacts per dispatcher.
(3) The department shall improve its budgetary and operational
efficiency by consolidating at least 1 regional communication
center.
Sec. 407. (1) The department shall provide security services
at the state capitol building.
(2) The department shall maintain the staff and resources
necessary to respond to emergencies at the house office building,
Farnum building, capitol parking lot, Townsend parking ramp, and
Roosevelt parking ramp.
(3) The department shall pursue federal grants to improve the
security at the capitol building.
(4) The department may develop a phased approach for improving
security at the capitol building.
Sec. 408. (1) The department shall respond to civil disorders
and natural disasters.
(2) The department shall, at a minimum, maintain readiness
including training and equipment to respond to civil disorders and
natural disasters commensurate with the capabilities of fiscal year
2009-2010.
Sec. 409. The department shall develop a law enforcement
delivery of service model in conjunction with each state police
post area in the state. In the development of this model, the
department shall consider local and county law enforcement
capabilities to ensure the efficient delivery of services.
SUPPORT SERVICES
Sec. 501. (1) The department shall operate the Michigan
intelligence operation center as the state's federally recognized
fusion center.
(2) The department shall ensure public safety through the
emergency management and homeland security division by providing
public and private sector partners with timely and accurate
information and regarding critical information key resources
threats as reported to or discovered by the Michigan intelligence
operations center and increase public awareness on how to report
suspicious activity through website or telephone communications.
(3) The department shall seek to increase the number of public
and private sector contacts which receive vital homeland security
information and intelligence in order to enhance the safety and
security for citizens of this state.
Sec. 502. (1) The department shall provide hazardous materials
response training.
(2) The department shall maintain the staffing and resources
necessary to serve approximately 110 local emergency management
preparedness programs and 88 local emergency planning committees in
this state.
(3) The department shall conduct a minimum of 3 training
sessions to enhance safe response in the event of natural or
manmade incidents, emergencies, or disasters.
(4) 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.
Sec. 503. (1) The department shall operate and maintain the
state's emergency operations center and provide command and control
in support of emergency response services.
(2) The department shall maintain readiness, including
training and equipment to respond to civil disorders and natural
disasters.
(3) The department shall relocate the state's emergency
operations center from its present site at Collins Road to another
suitable facility.
(4) 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.
(5) 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 and the additional authorization, the date of its
approval, and the projected use of funds to be expended under the
authorization.
Sec. 504. (1) The department shall conduct public awareness
campaigns regarding various public safety issues.
(2) The department shall provide resources and technical
assistance to train child passenger safety technicians to promote
public education and awareness to parents.
(3) Based on available grants, the department shall attempt to
identify a trained child passenger safety technician in each county
in this state.
Sec. 505. (1) The department shall administer various public
safety grants to state, local, and private entities within this
state.
(2) The department shall comply with all federal and state
guidelines pertaining to grant distributions.
(3) The department shall seek new grant funding to support
public safety.
ONE-TIME BASIS ONLY
Sec. 1001. For the state fiscal year ending September 30,
2012, there is appropriated from general fund/general purpose
revenue, on a 1-time basis only, $800,000.00 for department costs
associated with providing traffic control services for the Michigan
international speedway.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2012 consensus revenue estimating
conference.