SUBSTITUTE FOR

 

SENATE BILL NO. 962

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of state

 

police and certain other state purposes 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 2012-2013


 

     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, 2013, 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........ 2,881.0

 

GROSS APPROPRIATION.................................... $    577,982,700

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        25,238,500

 

    Schedule of interdepartmental grant revenue sources:

 

   IDG, training academy charges............... 2,601,300

 

   IDG-MDOC, contract............................ 176,800

 

   IDG-MDOS...................................... 353,700

 

   IDG-MDOT, state trunkline fund............. 11,217,900

 

   IDG-MDTR, casino gaming fees................ 5,694,600

 

   IDG-MDTR, emergency telephone fund

 

    coordinator.................................. 647,200

 

   IDG-MDTR, emergency telephone fund

 

    operations................................... 693,300

 

   IDT, auto theft funds......................... 685,200

 

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

 

   IDT, truck safety fund...................... 1,549,800

 

   Interdepartmental grant revenues.............. 168,700

 

ADJUSTED GROSS APPROPRIATION........................... $    552,744,200


 

Total federal revenues.................................       104,911,000

 

    Schedule of federal revenue sources:

 

   DHS........................................ 55,453,300

 

   DOJ........................................ 15,536,500

 

   DOJ interest bearing........................ 8,139,400

 

   DOT........................................ 23,868,800

 

   Federal investigations - reimbursed

 

    services................................... 1,043,900

 

   Federal narcotics investigation revenues...... 619,400

 

   Federal revenues.............................. 249,700

 

Total local revenues...................................         6,869,400

 

    Schedule of local revenue sources:

 

   Local - AFIS fees.............................. 80,500

 

   Local - LEIN fees........................... 1,209,800

 

   Local - MPSCS subscriber and maintenance

 

    fees....................................... 1,924,800

 

   Local - reimbursed services................. 1,980,500

 

   Local - school bus revenue.................. 1,634,900

 

   Local revenues................................. 38,900

 

Total private revenues.................................           231,300

 

    Schedule of private revenue sources:

 

   Private donations............................. 229,600

 

   Private revenues................................ 1,700

 

Total state restricted revenues........................       123,218,700

 

    Schedule of restricted revenue sources:

 

   Auto theft prevention fund.................. 6,772,000

 

   Criminal justice information center


 

    service fees.............................. 17,759,900

 

   Concealed weapons enforcement fee............. 100,000

 

   Drunk driving prevention and training

 

    fund....................................... 1,363,500

 

   Forensic science reimbursement fees......... 1,445,600

 

   Forfeiture funds............................... 89,500

 

   Hazardous materials training center fees.... 1,461,000

 

   Highway safety fund........................ 12,242,700

 

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

 

   Michigan justice training fund.............. 8,404,100

 

   Michigan merit award trust fund............... 716,200

 

   Motor carrier fees.......................... 4,660,300

 

   Narcotics investigation revenues............ 1,030,800

 

   Nuclear plant emergency planning

 

    reimbursement.............................. 2,120,500

 

   Precision driving track fees.................. 300,500

 

   Reimbursed services........................... 944,000

 

   Rental of department aircraft.................. 56,100

 

   Secondary road patrol and training fund.... 15,236,100

 

   Sex offender registration fund................ 295,800

 

   State forensic laboratory fund.............. 1,861,000

 

   State police service fees................... 2,162,500

 

   State services fee fund.................... 11,254,400

 

   Tobacco tax revenue......................... 4,000,000

 

   Traffic crash revenue......................... 328,300

 

   Traffic law enforcement and safety fund.... 24,912,100

 

   Trooper school recruitment fund................. 1,100


 

   Truck driver safety fund.................... 3,015,800

 

   State restricted revenues..................... 675,800

 

State general fund/general purpose..................... $    317,513,800

 

    State general fund/general purpose schedule:

 

   Ongoing state general fund/general

 

    purpose.................................. 312,654,900

 

   One-time state general fund/general

 

    purpose.................................... 4,858,900

 

   Sec. 102. EXECUTIVE DIRECTION

 

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

 

   Full-time equated classified positions........... 38.0

 

Unclassified positions................................. $        700,000

 

Executive direction....................................         5,195,400

 

GROSS APPROPRIATION.................................... $      5,895,400

 

    Appropriated from:

 

Interdepartmental grant revenues.......................            40,900

 

State restricted revenues..............................           767,100

 

State general fund/general purpose..................... $      5,087,400

 

    Schedule of programs:

 

   Executive direction......................... 2,894,300

 

   Special operations and events............... 2,301,100

 

   Sec. 103. SCIENCE, TECHNOLOGY, AND TRAINING BUREAU

 

   Full-time equated classified positions.......... 198.0

 

Science, technology, and training bureau............... $      73,317,900

 

GROSS APPROPRIATION.................................... $     73,317,900

 

    Appropriated from:

 

Interdepartmental grant revenues.......................         6,103,900


 

Federal revenues.......................................         5,279,100

 

Local revenues.........................................         3,170,500

 

State restricted revenues..............................        27,966,600

 

State general fund/general purpose..................... $     30,797,800

 

    Schedule of programs:

 

   Criminal justice information center

 

    division.................................. 12,442,000

 

   Criminal records improvement................ 1,268,200

 

   Traffic safety.............................. 2,122,400

 

   Standards and training/justice training

 

    grants..................................... 9,061,000

 

   Concealed weapons enforcement training........ 100,000

 

   Training only to local units.................. 631,300

 

   Public safety officers benefit program........ 149,600

 

   Training administration..................... 5,409,900

 

   Information technology services and

 

    projects.................................. 21,258,700

 

   Michigan public safety communications

 

    system.................................... 14,099,300

 

   In-service training - law enforcement

 

    distribution................................. 450,000

 

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

 

   Traffic services............................ 5,325,500

 

   Sec. 104. FORENSIC SCIENCES

 

   Full-time equated classified positions.......... 265.0

 

Forensic sciences...................................... $      41,826,700

 

GROSS APPROPRIATION.................................... $     41,826,700


 

    Appropriated from:

 

Federal revenues.......................................         5,027,700

 

State restricted revenues..............................        14,290,200

 

State general fund/general purpose..................... $     22,508,800

 

    Schedule of programs:

 

   Laboratory operations...................... 31,900,200

 

   DNA analysis program........................ 9,926,500

 

   Sec. 105. UNIFORM SERVICES

 

   Full-time equated classified positions........ 1,486.0

 

Uniform services....................................... $     201,690,900

 

GROSS APPROPRIATION.................................... $    201,690,900

 

    Appropriated from:

 

Federal revenues.......................................         2,077,900

 

 State restricted revenues..............................        39,063,900

 

 State general fund/general purpose..................... $    160,549,100

 

    Schedule of programs:

 

   Uniform services........................... 47,354,100

 

   Capitol security guards....................... 712,200

 

   At-post troopers.......................... 133,692,200

 

   Reimbursed services......................... 2,162,500

 

   Law enforcement enhancement................ 15,000,000

 

   Public safety initiative.................... 2,769,900

 

   Sec. 106. SPECIALIZED SERVICES

 

   Full-time equated classified positions.......... 646.0

 

Specialized services................................... $      96,174,400

 

GROSS APPROPRIATION.................................... $     96,174,400

 

    Appropriated from:


 

Interdepartmental grant revenues.......................        17,428,100

 

Federal revenues.......................................        14,217,800

 

Local revenues.........................................         3,600,000

 

Private revenues.......................................           229,600

 

State restricted revenues..............................         9,926,600

 

State general fund/general purpose..................... $     50,772,300

 

    Schedule of programs:

 

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

 

   Operational support........................ 16,049,400

 

   Aviation program............................ 1,614,700

 

   Criminal investigations.................... 31,726,800

 

   Federal antidrug initiatives............... 11,154,200

 

   Reimbursed services, materials, and

 

    equipment.................................. 3,024,400

 

   Auto theft prevention program............... 1,128,800

 

   Casino gaming oversight..................... 5,519,300

 

   Fire investigations......................... 1,899,000

 

   Parole absconder sweeps........................ 12,700

 

   Motor carrier enforcement.................. 12,347,400

 

   Truck safety enforcement team operations.... 1,511,400

 

   Safety inspections.......................... 6,790,400

 

   School bus inspections...................... 1,619,500

 

   Safety projects............................. 1,511,300

 

   Sec. 107. SUPPORT SERVICES

 

   Full-time equated classified positions.......... 248.0

 

Support services....................................... $     153,083,700

 

GROSS APPROPRIATION.................................... $    153,083,700


 

    Appropriated from:

 

Interdepartmental grant revenues.......................         1,496,900

 

Federal revenues.......................................        78,058,800

 

Local revenues.........................................            60,000

 

State restricted revenues..............................        30,528,500

 

State general fund/general purpose..................... $     42,939,500

 

    Schedule of programs:

 

   Auto theft prevention program............... 6,754,400

 

   Special maintenance and utilities............. 402,800

 

   Rent and building occupancy charges......... 8,309,500

 

   Worker's compensation....................... 3,031,500

 

   Fleet leasing.............................. 15,630,700

 

   Management services........................ 14,182,600

 

   Budget and financial services............... 1,780,700

 

   Office of justice program grants............ 8,537,800

 

   Accounting service center................... 1,150,400

 

   State program planning and administration... 1,149,400

 

   Secondary road patrol program.............. 14,060,200

 

   Truck safety program........................ 3,014,000

 

   Federal highway traffic safety

 

    coordination.............................. 12,836,400

 

   Emergency management planning and

 

    administration............................. 6,090,300

 

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

 

   FEMA program assistance..................... 5,341,000

 

   Nuclear power plant emergency planning...... 2,076,800

 

   Hazardous materials programs............... 46,253,000


 

   Interdepartmental grant to legislature............ 100

 

   Sec. 108. ONE-TIME APPROPRIATIONS

 

Michigan international speedway traffic control........ $        800,000

 

At-post troopers – replace outdated equipment..........         1,623,700

 

Rent and building occupancy charges....................          350,000

 

State employee lump-sum payments.......................         3,220,000

 

GROSS APPROPRIATION.................................... $      5,993,700

 

    Appropriated from:

 

Interdepartmental grant revenues.......................           168,700

 

Federal revenues.......................................           249,700

 

Local revenues.........................................            38,900

 

Private revenues.......................................             1,700

 

State restricted revenues..............................           675,800

 

State general fund/general purpose..................... $      4,858,900

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2012-2013

 

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 2012-2013 is $440,732,500.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2012-2013 is $18,728,700.00. 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............... $      4,178,400

 

   Schedule of programs:

 

Justice training grants................................         4,054,400

 

Training only to local units...........................           124,000

 

Support services.......................................        14,550,300

 

   Schedule of programs:

 

Secondary road patrol..................................        13,920,300

 

Management services....................................          630,000

 

TOTAL.................................................. $     18,728,700

 

     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) "CJIC" means the criminal justice information center.

 

     (c) "C.J.I.S." means the criminal justice information systems.

 

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

 

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

 

security.

 

     (f) "DNA" means deoxyribonucleic acid.

 

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

 

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

 

transportation.

 

     (i) "DTMB" means the department of technology, management, and

 

budget.


 

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

 

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

 

     (l) "IDG" means interdepartmental grant.

 

     (m) "IDT" means intradepartmental transfer.

 

     (n) "LEIN" means the law enforcement information network.

 

     (o) "MCL" means Michigan Compiled Laws.

 

     (p) "MCOLES" means Michigan commission on law enforcement

 

standards.

 

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

 

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

 

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

 

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

 

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

 

     (v) "MPSCS" means Michigan public safety communications

 

system.

 

     (w) "PA" means public act.

 

     (x) "Work project" means 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: $2,601,300.00 from

 

training academy charges; $176,800.00 from the department of

 

corrections contract; $353,700.00 from the department of state;

 

$11,217,900.00 from the department of transportation - state

 

trunkline funds; $5,692,200.00 from casino gaming fees; $646,900.00


 

from the department of treasury - emergency telephone fund

 

coordinator; and $693,300.00 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: $1,157,100.00 to the

 

department of environmental quality - radiological emergency

 

preparedness; $150,100.00 to the department of attorney general -

 

justice training competitive grant; $779,100.00 to the judiciary -

 

justice training competitive grant; $352,700.00 to the department

 

of attorney general - operations; $900,000.00 to the department of

 

military and veterans affairs - homeland security grant;

 

$21,258,700.00 to DTMB - information technology services and

 

projects; and $14,099,300.00 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. The department shall provide the data necessary for

 

the department of technology, management, and budget to maintain a

 

searchable website that is 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.

 

     Sec. 208. 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 shall 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. 212. The department 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. 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.

 

     (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, 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. The department shall prepare a report on out-of-

 

state travel expenses not later than January 1 of each year. The

 

travel report shall be a listing of 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 house and senate standing committees on

 

appropriations, the house and senate fiscal agencies, and the state

 

budget director. The report shall include the following

 

information:

 

     (a) The dates of each travel occurrence.

 

     (b) The total 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.

 

     Sec. 219. (1) The department shall provide quarterly reports,

 

beginning October 1, to the appropriate senate and house

 

appropriations subcommittees and the senate and house fiscal

 

agencies, which provide the following data:

 

     (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.

 

     (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 on state police and military affairs

 

and the senate and house fiscal agencies.

 

     Sec. 220. The department shall provide the following data to

 

the appropriate senate and house appropriations subcommittees and

 

the senate and house fiscal agencies on an annual basis:

 

     (a) 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.

 

     (b) 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.

 

     (c) 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, 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, and establishing and monitoring law

 

enforcement standards.

 

     Sec. 222. The department shall notify the senate and house

 

appropriations subcommittees on state police and military and

 

veterans affairs and the senate and house 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 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

 

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

 

the department 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. 226. (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. 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 chairpersons of

 

the senate and house standing committees on appropriations, the

 

senate and house appropriations subcommittees, 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, 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, 2012 and September 30, 2013.

 

     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.


 

 

 

EXECUTIVE DIRECTION

 

     Sec. 250. (1) From the funds appropriated in part 1, there is

 

funding to support unclassified employee positions as authorized by

 

section 5 of article XI of the state constitution of 1963. These

 

positions include the following: department director, chief

 

administrative officer, and executive director of the Michigan

 

commission on law enforcement standards.

 

     (2) Not less than 30 days prior to the department submitting a

 

request for an additional unclassified employee position from the

 

civil service commission, or for any substantive change to the

 

duties of an existing unclassified employee position, the

 

department shall notify the senate and house appropriations

 

subcommittees on state police and military affairs and the senate

 

and house fiscal agencies.

 

 

 

SCIENCE, TECHNOLOGY, AND TRAINING BUREAU

 

     Sec. 301. (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.

 

     (7) The department shall place emphasis on recruiting and

 

hiring veterans, particularly for any trooper recruit school

 

convened. 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. Beginning October 1,

 

the department shall submit a report to the senate and house

 

appropriations subcommittees on state police and military affairs

 

within 60 days of the conclusion of any trooper recruit school. The

 

report shall include the following:

 

     (a) The number of veterans who commenced that trooper recruit

 

school.

 

     (b) The number of veterans who concluded that trooper recruit

 

school.


 

     (c) The devices or campaigns that were used to specifically

 

recruit veterans for that trooper recruit school.

 

     Sec. 302. (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. 303. (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 by conducting 30

 

outreach activities 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 public at cost, provided that the name and address have been

 

excluded.

 

     Sec. 304. (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. 305. (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 appropriations in part 1 do not contain any funding

 

from LEIN user fees for services rendered in fiscal year 2012-2013.

 

If the department chooses to propose such a fee for fiscal year


 

2012-2013, the department shall do each of the following:

 

     (a) Notify the senate and house appropriations subcommittees

 

on state police and military and veterans affairs and the senate

 

and house fiscal agencies 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.

 

     Sec. 306. (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.

 

 

 

FORENSIC SCIENCES

 

     Sec. 401. (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 hire and train 20 additional forensic


 

employees with the intent of reaching an average 30-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.

 

 

 

UNIFORM SERVICES

 

     Sec. 501. (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.

 

     Sec. 502. 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. 503. The department shall dedicate a minimum of 23,374

 

patrol hours in distressed cities in this state.

 

     Sec. 504. The department shall hire and train 180 troopers.


 

     Sec. 505. (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. 506. The department shall submit a report on or before

 

April 1 to the appropriate senate and house appropriations

 

subcommittees and the senate and house fiscal agencies regarding

 

the cities in distress public safety initiative and any measures

 

relative to the law enforcement enhancement scheduled program

 

contained in part 1. The report shall include, but is not limited

 

to, the following information for the prior 6 months:

 

     (a) Statistics regarding relevant trooper schools, including

 

the number of applications, the number of troopers graduated, and

 

the cities or posts in which each of these troopers is assigned or

 

stationed.

 

     (b) Statistics regarding criminal activity, including the

 

number of arrests made by troopers assigned to the cities in

 

distress, the number of traffic stops made by troopers assigned to

 

cities in distress, the number of parole or probation violators

 

arrested by troopers assigned to cities in distress, the number of

 

violent and assaultive crimes committed in the cities in distress,


 

the number of illegal drug and narcotic crimes committed in the

 

cities in distress, and the number of property crimes committed in

 

the cities in distress.

 

     (c) Where reasonably available, statistics regarding the

 

number of local law enforcement officers employed by the cities in

 

distress and the number of criminal prosecutions in the counties in

 

which the cities in distress are located.

 

     Sec. 507. The department shall submit a report on or before

 

April 1 to the appropriate senate and house appropriations

 

subcommittees and the senate and house fiscal agencies regarding

 

transition by the department to the regional policing model. The

 

report shall include, but is not limited to, information on costs

 

and savings associated with the termination of lease agreements,

 

costs associated with maintenance and fuel usage resulting from

 

increased mileage on patrol vehicles, and costs and savings

 

associated with shifting personnel from traditional office

 

assignments to road patrol assignments.

 

 

 

SPECIALIZED SERVICES

 

     Sec. 601. (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. 602. (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 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 that will dedicate a

 

minimum of 8,320 hours to tobacco tax enforcement.

 

     (5) The department shall submit an annual report on or by

 

October 15 to the senate and house appropriations subcommittees on

 

state police and military and veterans affairs, the senate and

 

house appropriations subcommittees on general government, and the

 

senate and house fiscal agencies, which details expenditures

 

related to tax enforcement activities for the prior fiscal year.

 

     Sec. 603. (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. 604. The department shall inspect all black and yellow

 

school buses annually.

 

     Sec. 605. The department shall maintain the staffing and

 

resources necessary to annually inspect at least 53,000 commercial

 

vehicles.

 

 

 

SUPPORT SERVICES

 

     Sec. 701. (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. 702. (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. 703. (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. 704. (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) By September 30, 2013, the department shall begin

 

construction or renovation of a state emergency operations center

 

to facilitate relocation from its current site at Collins Road.

 

     (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 senate and house

 

appropriations subcommittees on state police and military and

 

veterans affairs and the senate and house 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. 705. (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.


 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2013-2014

 

GENERAL SECTIONS

 

     Sec. 1201. (1) It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2014 for

 

the line items listed in part 1. The fiscal year 2013-2014

 

appropriations are anticipated to be the same as those for fiscal

 

year 2012-2013, excluding appropriations designated as 1-time

 

appropriations and adjusting for changes in caseload and related

 

costs, federal fund match rates, economic factors, and available

 

revenue. These adjustments will be determined after the January

 

2013 consensus revenue estimating conference.

 

     (2) It is the intent of the legislature that the 180 troopers

 

hired during fiscal year 2012-2013 shall be used to reduce crime

 

rates in this state's most distressed cities once fully deployed.

 

     (3) It is the intent of the legislature that the 20 additional

 

forensic employees hired during fiscal year 2012-2013 shall be used

 

to reach an average 30-day turnaround for forensic evidence once

 

fully trained.