HB-5888, As Passed House, September 15, 2010
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5888
A bill to make appropriations for the department of state
police and certain other state purposes for the fiscal year ending
September 30, 2011; 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
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the department of
state police for the fiscal year ending September 30, 2011, 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.......... 1.0
Full-time equated classified positions........ 2,764.0
GROSS APPROPRIATION.................................... $ 529,231,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 24,143,800
ADJUSTED GROSS APPROPRIATION........................... $ 505,087,600
Federal revenues:
Total federal revenues................................. 103,934,200
Special revenue funds:
Total local revenues................................... 6,257,500
Total private revenues................................. 269,800
Total state restricted revenues........................ 134,242,900
State general fund/general purpose..................... $ 260,383,200
Sec. 102. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 1.0
Full-time equated classified positions........... 42.5
Unclassified positions................................. $ 150,000
Executive direction--21.0 FTE positions................ 2,411,800
Special operations and events--17.5 FTE positions...... 2,015,700
Auto theft prevention program--4.0 FTE positions....... 8,042,300
GROSS APPROPRIATION.................................... $ 12,619,800
Appropriated from:
Interdepartmental grant revenues:
IDG-MDTR, casino gaming fees........................... 27,500
IDT, truck safety fund................................. 10,100
Special revenue funds:
Auto theft prevention fund............................. 8,042,300
Motor carrier fees..................................... 38,000
Criminal justice information center fees............... 72,300
Forensic science reimbursement fees.................... 11,400
Highway safety fund.................................... 47,300
Narcotics investigation revenues....................... 5,400
Nuclear plant emergency planning and reimbursement..... 9,800
State forensic laboratory fund......................... 11,800
Traffic law enforcement and safety fund................ 60,500
State general fund/general purpose..................... $ 4,283,400
Sec. 103. DEPARTMENTWIDE APPROPRIATIONS
Special maintenance and utilities...................... $ 447,600
Rent and building occupancy charges.................... 9,843,000
Worker's compensation.................................. 3,309,600
Fleet leasing.......................................... 12,980,700
In-service training - law enforcement distribution..... 450,000
In-service training - competitive...................... 1,000,000
Narcotics investigation funds.......................... 265,100
GROSS APPROPRIATION.................................... $ 28,296,000
Appropriated from:
Interdepartmental grant revenues:
IDG, training academy charges.......................... 283,500
IDT, Michigan justice training fund.................... 1,450,000
Federal revenues:
Federal narcotics investigation revenues............... 95,000
DOT.................................................... 25,200
DHS.................................................... 177,500
Special revenue funds:
Forensic science reimbursement fee..................... 100,700
Narcotics investigation revenues....................... 170,100
State forensic laboratory fund......................... 100,700
Criminal justice information center service fees....... 199,500
Secondary road patrol and training fund................ 17,900
Hazardous materials training center fees............... 105,100
Michigan justice training fund......................... 29,800
Motor carrier fees..................................... 7,500
Highway safety fund.................................... 7,800
Traffic law enforcement and safety fund................ 15,400
State general fund/general purpose..................... $ 25,510,300
Sec. 104. SUPPORT SERVICES
Full-time equated classified positions............ 196.5
Management services--136.0 FTE positions............... $ 13,641,900
Training administration--32.0 FTE positions............ 5,856,400
Budget and financial services--24.5 FTE positions...... 2,647,800
Office of justice program grants--4.0 FTE positions.... 8,496,900
GROSS APPROPRIATION.................................... $ 30,643,000
Appropriated from:
Interdepartmental grant revenues:
IDT, auto theft funds.................................. 2,500
IDG, training academy charges.......................... 3,338,500
IDT, truck safety fund................................. 30,800
IDG-MDOT, state trunkline fund......................... 3,000
IDG-MDTR, casino gaming fees........................... 107,500
IDG-MDTR, emergency telephone fund coordinator......... 536,500
IDG-MDTR, emergency telephone fund operations.......... 478,600
IDG-MDOS............................................... 2,000
IDG-MDOC, contract..................................... 50,000
Federal revenues:
DOJ.................................................... 372,700
DOJ interest bearing................................... 8,124,200
DOT.................................................... 487,800
Special revenues funds:
Local - LEIN fees...................................... 3,800
Local - MPSCS subscriber fees.......................... 28,100
Local - school bus revenue............................. 1,700
Highway safety fund.................................... 179,500
Nuclear plant emergency planning reimbursement......... 39,300
Precision driving track fees........................... 287,200
Criminal justice information center service fees....... 817,900
Traffic law enforcement and safety fund................ 178,300
Reimbursed services.................................... 1,301,700
Forensic science reimbursement fees.................... 36,000
Michigan justice training fund......................... 3,700
Narcotics investigation revenues....................... 27,400
State forensic laboratory fund......................... 36,100
State services fee fund................................ 13,500
Motor carrier fees..................................... 156,700
State general fund/general purpose..................... $ 13,998,000
Sec. 105. HIGHWAY SAFETY PLANNING
Full-time equated classified positions........... 30.0
State program planning and administration--8.0 FTE
positions............................................ $ 1,030,300
Secondary road patrol program--2.0 FTE positions....... 14,037,000
Truck safety program--1.0 FTE positions................ 3,008,800
Federal highway traffic safety coordination--19.0
FTE positions........................................ 12,572,900
GROSS APPROPRIATION.................................... $ 30,649,000
Appropriated from:
Federal revenues:
DOT.................................................... 12,503,900
DOJ.................................................... 579,000
Special revenue funds:
Truck driver safety fund............................... 3,008,800
Secondary road patrol and training fund................ 14,037,000
State general fund/general purpose..................... $ 520,300
Sec. 106. CRIMINAL JUSTICE INFORMATION CENTER
Full-time equated classified positions.......... 128.0
Criminal justice information center division--108.0
FTE positions........................................ $ 10,812,900
Criminal records improvement--1.0 FTE position......... 2,249,300
Traffic safety--19.0 FTE positions..................... 1,886,400
GROSS APPROPRIATION.................................... $ 14,948,600
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOS............................................... 337,200
IDG-MDOT, state trunkline fund......................... 874,600
Federal revenues:
DOJ.................................................... 2,249,300
DOT.................................................... 482,100
Special revenue funds:
Traffic crash revenue.................................. 80,000
Motor carrier fees..................................... 112,500
Sex offender registration fund......................... 63,100
Criminal justice information center service fees....... 9,475,400
State general fund/general purpose..................... $ 1,274,400
Sec. 107. FORENSIC SCIENCES
Full-time equated classified positions.......... 269.5
Laboratory operations--212.0 FTE positions............. $ 28,488,600
DNA analysis program--57.5 FTE positions............... 8,167,000
Detroit laboratory..................................... 100
GROSS APPROPRIATION.................................... $ 36,655,700
Appropriated from:
Federal revenues:
DOJ.................................................... 4,169,000
DOT.................................................... 655,900
Federal narcotics investigation revenues............... 510,200
Special revenue funds:
Forensic science reimbursement fees.................... 1,515,900
State forensic laboratory fund......................... 1,795,500
Narcotic investigation revenues........................ 1,705,000
Criminal justice information center service fees....... 60,200
State services fee fund................................ 9,505,900
State general fund/general purpose..................... $ 16,738,100
Sec. 108. MICHIGAN COMMISSION ON LAW ENFORCEMENT
STANDARDS
Full-time equated classified positions........... 22.0
Standards and training/justice training grants--20.0
FTE positions........................................ $ 9,004,000
Concealed weapons enforcement training................. 100,000
Training only to local units--2.0 FTE positions........ 622,700
Mental health awareness training....................... 100,000
Public safety officers benefit program................. 149,600
GROSS APPROPRIATION.................................... $ 9,976,300
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOC, contract..................................... 100,000
Federal revenues:
DOJ.................................................... 175,000
Special revenue funds:
Secondary road patrol and training fund................ 622,700
Michigan justice training fund......................... 8,006,400
Licensing fees......................................... 9,100
Concealed weapons enforcement fee...................... 100,000
State general fund/general purpose..................... $ 963,100
Sec. 109. EMERGENCY MANAGEMENT
Full-time equated classified positions........... 80.5
Emergency management planning and
administration--31.0 FTE positions................... $ 5,390,600
Grants to local government............................. 2,482,100
FEMA program assistance--18.0 FTE positions............ 4,904,000
Nuclear power plant emergency planning--6.0 FTE
positions............................................ 1,799,300
Hazardous materials programs--25.5 FTE positions....... 47,217,600
Interdepartmental grant to legislature................. 200,000
GROSS APPROPRIATION.................................... $ 61,993,600
Appropriated from:
Federal revenues:
DOT.................................................... 584,800
DHS.................................................... 55,547,400
Special revenue funds:
Nuclear plant emergency planning reimbursement......... 1,799,300
Hazardous materials training center fees............... 1,508,200
State general fund/general purpose..................... $ 2,553,900
Sec. 110. POST UNIFORM SERVICES
Full-time equated classified positions........ 1,387.0
Uniform services--372.0 FTE positions.................. $ 43,919,500
Capitol security guards--7.0 FTE positions............. 642,900
At-post troopers--1,008.0 FTE positions................ 139,235,800
Reimbursed services.................................... 1,879,500
GROSS APPROPRIATION.................................... $ 185,677,700
Appropriated from:
Special revenue funds:
Criminal justice information center service fees....... 785,600
Narcotics investigation revenues....................... 1,033,600
Highway safety fund.................................... 15,325,700
Traffic law enforcement and safety fund................ 28,918,700
Trooper school recruitment fund........................ 1,000
State police service fees.............................. 1,879,500
State general fund/general purpose..................... $ 137,733,600
Sec. 111. STATEWIDE FIELD OPERATIONS
Full-time equated classified positions........... 61.0
Operational support--54.0 FTE positions................ $ 6,912,200
Aviation program--7.0 FTE positions.................... 1,495,000
GROSS APPROPRIATION.................................... $ 8,407,200
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOC, contract..................................... 105,300
Special revenue funds:
Private donations...................................... 269,800
Rental of department aircraft.......................... 51,800
State general fund/general purpose..................... $ 7,980,300
Sec. 112. SPECIAL INVESTIGATIONS
Full-time equated classified positions.......... 342.0
Criminal investigations--217.0 FTE positions........... $ 30,017,900
Federal antidrug initiatives--65.5 FTE positions....... 8,756,400
Reimbursed services, materials, and equipment--0.5
FTE positions........................................ 2,688,000
Auto theft prevention--13.0 FTE positions.............. 1,413,500
Casino gaming oversight--32.0 FTE positions............ 4,625,100
Fire investigation--14.0 FTE positions................. 1,679,700
Fire investigation training to locals.................. 50,000
Parole absconder sweeps................................ 10,900
GROSS APPROPRIATION.................................... $ 49,241,500
Appropriated from:
Interdepartmental grant revenues:
IDT, auto theft funds.................................. 1,027,000
IDG-MDTR, casino gaming fees........................... 4,625,100
Federal revenues:
Federal investigations - reimbursed services........... 764,100
DOJ.................................................... 3,656,800
DOJ (ARRA)............................................. 2,000,000
Federal narcotics investigation revenues............... 463,800
Special revenue funds:
Local - reimbursed services............................ 1,923,900
Narcotics investigation revenues....................... 719,100
Michigan merit award trust fund........................ 629,900
Forfeiture funds....................................... 576,600
State general fund/general purpose..................... $ 32,855,200
Sec. 113. TRAFFIC SAFETY
Full-time equated classified positions.......... 205.0
Motor carrier enforcement--101.0 FTE positions......... $ 11,185,900
Truck safety enforcement team operations--10.0 FTE
positions............................................ 1,375,000
Safety inspections--63.0 FTE positions................. 6,943,400
School bus inspections--4.0 FTE positions.............. 421,000
Safety projects--10.0 FTE positions.................... 1,712,100
Traffic services--17.0 FTE positions................... 5,144,600
GROSS APPROPRIATION.................................... $ 26,782,000
Appropriated from:
Interdepartmental grant revenues:
IDT, truck safety fund................................. 1,375,000
IDG-MDOT, state trunkline fund......................... 8,939,400
Federal revenues:
DOT.................................................... 8,936,400
Special revenue funds:
Local school bus revenue............................... 421,000
Drunk driving prevention and training fund............. 1,180,700
Motor carrier fees..................................... 4,374,700
State general fund/general purpose..................... $ 1,554,800
Sec. 114. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 20,203,000
Michigan public safety communications system........... 13,138,000
GROSS APPROPRIATION.................................... $ 33,341,000
Appropriated from:
Interdepartmental grant revenues:
IDG-MDTR, casino gaming fees........................... 91,100
IDG-MDOT, state trunkline fund......................... 250,600
IDG, training academy charges.......................... 8,500
IDG-MDOS............................................... 4,500
IDG-MDTR, emergency telephone fund coordinator......... 4,700
IDG-MDTR, emergency telephone fund operations.......... 64,500
IDG - auto theft funds................................. 5,700
IDT - truck safety fund................................ 10,100
Federal revenues:
DOJ.................................................... 539,700
DHS.................................................... 619,500
DOT.................................................... 214,900
Special revenue funds:
Local - LEIN fees...................................... 2,159,800
Local - AFIS fees...................................... 77,400
Local - MPSCS subscriber and maintenance fees.......... 1,639,900
Local - school bus revenue............................. 1,900
Criminal justice information center service fees....... 4,515,500
Drunk driving prevention and training fund............. 1,900
Forensic science reimbursement fees.................... 66,100
Hazardous materials center fees........................ 1,900
Michigan justice training fund......................... 44,600
Narcotics investigation revenue........................ 13,100
Nuclear plant emergency planning reimbursement......... 4,900
Precision driving track fees........................... 300
Secondary road patrol and training fund................ 397,400
Sex offender registration fund......................... 216,300
State forensic laboratory fund......................... 162,800
Reimbursed services.................................... 157,400
Motor carrier fees..................................... 257,400
Commercial mobile radio service fees................... 7,000,000
Traffic law enforcement and safety fund................ 79,000
Highway safety fund.................................... 49,200
Michigan merit award trust fund........................ 1,000
State services fee fund................................ 30,300
Traffic crash revenue.................................. 231,300
State general fund/general purpose..................... $ 14,417,800
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2010-2011 is $394,626,100.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2010-2011 is $19,466,900.00. The
itemized statement below identifies appropriations from which
spending to units of local government will occur:
DEPARTMENT OF STATE POLICE
OFFICE OF HIGHWAY SAFETY PLANNING
Secondary road patrol program.......................... $ 13,921,900
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Training only to local units........................... $ 410,800
Justice training grants................................ $ 4,605,600
SPECIAL INVESTIGATIONS
Fire investigation training for locals................. $ 50,000
SUPPORT SERVICES
Management services.................................... $ 478,600
Total.................................................. $ 19,466,900
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) "ARRA" means the American recovery and reinvestment act of
2009.
(c) "Department" means the department of state police.
(d) "DHS" means the United States department of homeland
security.
(e) "DNA" means deoxyribonucleic acid.
(f) "DOJ" means the United States department of justice.
(g) "DOT" means the United States department of
transportation.
(h) "FEMA" means the federal emergency management agency.
(i) "FTE" means full-time equated.
(j) "IDG" means interdepartmental grant.
(k) "IDT" means intradepartmental transfer.
(l) "LEIN" means law enforcement information network.
(m) "MCOLES" means the Michigan commission on law enforcement
standards.
(n) "MDCH" means the Michigan department of community health.
(o) "MDMB" means the Michigan department of technology,
management, and budget.
(p) "MDOC" means the Michigan department of corrections.
(q) "MDOS" means the Michigan department of state.
(r) "MDOT" means the Michigan department of transportation.
(s) "MDTR" means the Michigan department of treasury.
(t) "MPSCS" means the Michigan public safety communications
system.
Sec. 204. The department of civil service shall bill
departments and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, causes loss of revenue to the
state, would result in the inability of the state to receive
federal funds, or would necessitate additional expenditures that
exceed any savings from maintaining a vacancy. The state budget
director shall report quarterly to the chairpersons of the senate
and house of representatives standing committees on appropriations
the number of exceptions to the hiring freeze approved during the
previous quarter and the reasons to justify the exception.
Sec. 207. At least 60 days before beginning any effort to
privatize, the department shall submit a complete project plan to
the appropriate senate and house of representatives appropriations
subcommittees and the senate and house fiscal agencies. The plan
shall include the criteria under which the privatization initiative
will be evaluated. The evaluation shall be completed and submitted
to the appropriate senate and house of representatives
appropriations subcommittees and the senate and house fiscal
agencies within 30 months.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this act.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement or
it may include placement of reports on an Internet or Intranet
site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference 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 director of each department receiving
appropriations in part 1 shall take all reasonable steps to ensure
businesses in deprived and depressed communities compete for and
perform contracts to provide services or supplies, or both, for the
department. The director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses
in depressed and deprived communities for services or supplies, or
both.
Sec. 211. It is the intent of the legislature that personnel
of the department who request and are eligible for reimbursement of
expenses related to the operation of the department be reimbursed
from the appropriations provided in this act within 30 days after
submitting a request, or the eligible personnel shall be paid an
additional amount equal to 0.75% of the payment due. The department
shall pay an additional amount equal to 0.75% of the payment due
for the first month and each succeeding month or portion of a month
the payment remains past due.
Sec. 213. (1) It is the intent of the legislature that the
department shall not provide any subsidy for contractual services
it provides.
(2) When the department provides contractual services to a
local unit of government, the department shall be reimbursed for
all costs incurred in providing the services, including, but not
limited to, retirement and overtime costs.
(3) Contractual services provided to an entity other than a
local unit of government may be provided by department personnel,
but only on an overtime basis outside the normal work schedule of
the personnel.
(4) This section does not apply to state agencies.
Sec. 214. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. The department shall
follow all federal guidelines and state laws regarding short-term
and long-term retention of records.
Sec. 215. Not later than January 1, 2011, the department shall
report to the state police appropriations subcommittees of the
house and senate and the house and senate fiscal agencies. The
report shall contain the following information regarding the
department's activities related to casino gaming oversight during
fiscal year 2009-2010:
(a) The amount of money received and expended.
(b) The nature and structure of the casino gaming oversight
unit.
(c) The positions and classifications of employees assigned.
(d) The number of full-time and part-time employees and the
aggregate number of FTEs.
(e) The number of enlisted and civilian positions.
(f) The duties and responsibilities of the assigned employees.
(g) The immediate past position of the enlisted employees
assigned.
Sec. 216. The department shall collect and computerize the
vehicle identification number (VIN) of all vehicles that are
entered into the state accident data collection system and make
this and other vehicle information available to the public at cost.
For bulk access to the accident records in which the VIN has been
collected and computerized, the department shall make those records
available to the public at cost, provided that the name and address
have been excluded.
Sec. 217. From the funds appropriated in part 1, the
department shall maintain a toll-free hotline in collaboration with
the department of education. The toll-free hotline shall be
operated 24 hours per day, 7 days per week, and shall provide
students, school officials, and other individuals an opportunity to
report specific threats of imminent school violence or other
suspicious or criminal conduct by juveniles to the appropriate
local law enforcement entities for investigation. The department
may expend funds for the promotion of the hotline.
Sec. 218. (1) Funds appropriated in part 1 for at-post
troopers shall only be expended for trooper salaries, wages,
benefits, retirement, equipment, supplies, and other expenses
directly related to state troopers assigned to general law
enforcement duties at a department post, detachment, satellite
office, or a resident trooper function.
(2) It is the intent of the legislature that every effort be
made to identify funding sufficient to conduct a trooper school for
the purpose of working toward the goal of establishing a minimum
at-post trooper strength of 1,075 in this state.
(3) The department shall submit quarterly written reports to
the senate and house appropriations subcommittees on state police
and military and veterans affairs no later than December 1, 2010,
March 1, 2011, June 1, 2011, and September 1, 2011 which shall
include a trooper strength report and the status of the
department's plan for accomplishing the goal of subsection (2). If
the department determines that insufficient appropriations exist
under part 1 to accomplish the goal of subsection (2), the
department shall submit a proposal outlining a plan to accomplish
the goal, including an accounting of any additional funding
necessary to that end.
Sec. 219. The department of state police shall notify the
house and senate appropriations subcommittees on state police and
military and veterans affairs and the house and senate fiscal
agencies not less than 180 days before recommending to close or
consolidate any state police posts. The notification shall include
a local and state impact study of the proposed post closure or
consolidation.
Sec. 220. The department of state police, in keeping with its
role as the general law enforcement agency of the state and as the
law enforcement agency of last resort for communities that are
either without local law enforcement resources or are seriously
underserved by local law enforcement resources, shall provide
general law enforcement assistance to those communities until
adequate law enforcement services can be provided to those
communities by other means.
Sec. 221. The department of state police may pursue entering
into an agreement with Calhoun County to build a new facility in
Marshall which would serve as a new state police post to replace
the current state police post in Battle Creek.
Sec. 223. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2011 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house of representatives standing committees on
appropriations.
(3) Not later than January 1, 2011, each department shall
prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the senate and house of
representatives standing committees on appropriations, the fiscal
agencies, and the state budget director. The report shall include
the following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 224. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 226. The department of state police, in cooperation with
the department of technology, management, and budget, shall take
steps to encourage the development of state, local, and regional
tactical interoperable communication plans with the ultimate goal
being to ensure that effective and efficient communication
interoperability between radio communication systems of local,
regional, state, and federal agencies is established in every area
of the state. The department shall provide a written report to the
senate and house appropriations subcommittees on state police and
military and veterans affairs no later than April 1, 2011 on the
current status of reaching this objective. The report shall include
an accounting of exactly where within the state desired
interoperability has been achieved and what cooperative measures
and use of technology were used to achieve this interoperability,
and which areas of the state have not yet achieved such status. The
report shall also include a description of what strategies need to
be employed to ensure that the remaining areas of the state, and
the state as a whole, will have a communication system with
efficient and effective interoperability, particularly on occasions
when a multijurisdictional response to an emergency is warranted.
Sec. 232. The department shall place emphasis on recruiting
MCOLES certified police officers for the trooper recruit school.
Emphasis shall be given in the hiring process to those officers who
are on layoff and possess valid MCOLES certification. Any emphasis
given in the recruiting and selection process shall be consistent
with the department's hiring standards and in accordance with civil
service rules. The department shall report to the chairpersons of
the senate and house of representatives standing committees on
appropriations the results of its recruitment and selection
process, including the actual number of certified officers selected
for any recruit school that is held by September 30, 2011.
Sec. 234. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 235. (1) If a spending plan for the funds appropriated in
part 1 for special operations and events, or sources of financing
related to the spending plan, do not provide the level of program
service provided for in the current fiscal year, the funds
appropriated in part 1 for post uniform services or forensic
sciences shall not be used to fund the shortfall.
(2) If a spending plan for the funds appropriated in part 1
for special operations and events, or sources of financing related
to the spending plan, are in excess of that necessary to provide
the level of program service provided for in the current fiscal
year, the department shall take steps to transfer whatever excess
funding may exist to the funds appropriated in part 1 for post
uniform services and forensic sciences.
Sec. 238. The department of technology, management, and budget
shall work with the department of state police to reduce building
operations and leasing costs for all Michigan state police
facilities and to identify efficiencies and savings.
Sec. 239. It is the intent of the legislature that, should
funding become available, funds may be appropriated to the
department for traffic control purposes at the Michigan
international speedway.
Sec. 240. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 241. The department shall provide $1,800,000.00 in Byrne
justice assistance grant program funding to the judiciary by
interdepartmental grant.
Sec. 242. Not later than September 30, 2011, the department
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation 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 appropriations committees, and the senate and
house fiscal agencies.
Sec. 245. 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. The
department shall deliver a report on this effort to the senate and
house appropriations subcommittees on state police and military and
veterans affairs not later than May 1, 2011.
Sec. 253. From the funds appropriated in part 1, the
department, working with MDMB, shall use an amount not to exceed
$10,000.00 to develop and maintain a publicly accessible Internet
site to post all expenditures made by the department for the fiscal
year. The posting of expenditures shall include the purpose for
which each expenditure was made. The department is not required to
hire additional employees to comply with this section.
Sec. 254. On a bimonthly basis, the department shall report on
the number of FTEs in pay status by civil service classification to
the house and senate appropriations subcommittees on state police
and military and veterans affairs and the house and senate fiscal
agencies.
INFORMATION TECHNOLOGY
Sec. 301. During fiscal year 2010-2011, an agency shall not be
billed a user fee to support the LEIN system except for those
agencies with an outstanding balance related to prior years' LEIN
user fees. Those agencies with an outstanding balance shall be
billed a LEIN user fee based upon the rate schedule established for
fiscal year 2009-2010.
Sec. 302. 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. These user fees shall be
subject to provisions of an interagency agreement between the
department and the department of technology, management, and
budget.
Sec. 303. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of 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. 304. A portion of the funds appropriated in part 1 shall
be used by the department to produce a written report detailing
departmental policies regarding access to and use of information
from the LEIN system. The report shall include a description of
departmental measures to protect the security of information in the
LEIN system including safeguards that would prevent unauthorized
persons from obtaining information from the LEIN system. The
department shall submit a copy of this report to the senate and
house appropriations committees not later than April 1, 2011.
Sec. 305. The criminal justice information systems policy
council shall encourage members of the law enforcement agencies in
the state to be sensitive to, and note when necessary, activities
or circumstances that may suggest the unauthorized access or misuse
of information from the LEIN system. The criminal justice
information systems policy council shall advise LEIN auditors, as a
part of their audit of law enforcement agencies, to investigate in
depth all suspected incidents of improper access or improper use of
information from the LEIN system and determine whether or not those
incidents were illegal. In those incidents that may be determined
to be illegal, the executive secretary for the council shall
determine whether those incidents were of a negligent or criminal
nature. If an incident is determined to be an illegal act, the
council shall inform the chairs of both the senate and house
appropriations committees.
Sec. 306. (1) The department of state police, working with the
criminal justice information systems policy council, shall
implement procedures by which all probation information is placed
on the LEIN system. The LEIN system shall include information on
each probationer, including any probation conditions placed on a
probationer and the name of the probation officer assigned to a
probationer. The LEIN system shall also include any nonstandard
probation terms.
(2) If the department determines that amendments to the code
of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69, are
required to include all probation information on the LEIN system,
the department shall deliver to members of the senate and house
appropriations subcommittees on state police and military affairs
amendments to the code of criminal procedure, 1927 PA 175, MCL
760.1 to 777.69, that, in the department's view, are necessary to
accomplish this goal. These proposed amendments shall be delivered
to subcommittee members not later than December 1, 2010.
Sec. 307. The department of state police 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 Michigan public safety communications system towers by those
local public safety agencies that have an interest in using the
towers as a part of their own communications system. The department
of state police shall deliver a written report to the senate and
house appropriations subcommittees on state police and military and
veterans affairs by April 1, 2011, which shall include an
assessment of the progress toward establishing local public safety
agency use of the Michigan public safety communications system
towers, an accounting of problems that may be preventing local use
of the towers, and any recommendations the department has that may
foster this utilization.
Sec. 308. The department of state police shall report any LEIN
fee increase to the senate and house appropriations subcommittees
on state police and military and veterans affairs 60 days prior to
the effective date of that increase. The report shall contain the
following information: the current fee structure and the total
revenue earned each year; the new fee structure and the total
revenue it is expected to earn annually; the total annual cost of
the LEIN system; and the total amount of LEIN fees paid by the
department under both the old and the new structure.
Sec. 309. From the funds appropriated in part 1 for
information technology, the department may develop and issue a
request for proposal for the development, implementation, and
maintenance of an electronic system for real-time enforcement of
section 3101 of the insurance code of 1956, 1956 PA 218, MCL
500.3101.
Sec. 310. It is the intent of the legislature that the
Michigan public safety communications system (MPSCS) begin the
necessary expansion and upgrade of the system to allow for more
local users to utilize the system. The MPSCS shall use restricted
fund dollars, federal funds, and other non-general fund/general
purpose funds for this purpose.
HIGHWAY SAFETY PLANNING
Sec. 401. On a biannual basis, the department shall report to
the senate and house appropriations subcommittees on state police
and military and veterans affairs on the status of assessments
collected and authorized under section 629e of the Michigan vehicle
code, 1949 PA 300, MCL 257.629e, for the purposes of supporting the
secondary road patrol grant program. Each biannual report shall
contain updated information on collection levels, revised projected
grant allotments to counties for the year, a comparison of
projected collections and grant distribution levels with the funds
appropriated in part 1 for the secondary road patrol program, and
the extent collection levels have exceeded or failed to meet
appropriated levels for the current fiscal year or expenditure
levels from the previous fiscal year.
FORENSIC SCIENCES
Sec. 501. When 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. 502. The department shall work with the department of
community health, the Michigan health and hospital association, the
Michigan state medical society, and the Michigan nurses association
to ensure that the recommendations included in the "Standard
Recommended Procedures for the Emergency Treatment of Sexual
Assault Victims" are followed in the collection of evidence.
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 601. The money appropriated to the MCOLES for maintenance
and delivery of training to locals is provided in accordance with a
state reimbursement policy in which 100% of the determined state
reimbursement rate shall be distributed upon certification by the
MCOLES.
Sec. 603. The appropriation in part 1 for mental health
awareness training and coordination shall be expended for training
law enforcement officers, mental health practitioners, and other
criminal justice personnel in effective and safe ways of assisting
people with mental illness and directing people with mental
disorders to treatment programs.
Sec. 604. From the funds appropriated in part 1 to the
Michigan commission on law enforcement standards funds may be used
to provide training for motor carrier officers and capitol security
officers for the purpose of qualifying them for MCOLES
certification.
EMERGENCY MANAGEMENT
Sec. 801. (1) The state director of emergency management may
expend money appropriated under this act to call upon any agency or
department of the state or any resource of the state to protect
life or property or to provide for the health or safety of the
population in any area of the state in which the governor proclaims
a state of emergency or state of disaster under 1945 PA 302, MCL
10.31 to 10.33, or under the emergency management act, 1976 PA 390,
MCL 30.401 to 30.421. The state director of emergency management
may expend the amounts the director considers necessary to
accomplish these purposes. The director shall submit to the state
budget director as soon as possible a complete report of all
actions taken under the authority of this section. The report shall
contain, as a separate item, a statement of all money expended that
is not reimbursable from federal money. The state budget director
shall review the expenditures and submit recommendations to the
legislature in regard to any possible need for a supplemental
appropriation.
(2) In addition to the money appropriated in this act, the
department may receive and expend money from local, private,
federal, or state sources for the purpose of providing emergency
management training to local or private interests and for the
purpose of supporting emergency preparedness, response, recovery,
and mitigation activity. If additional expenditure authorization in
the Michigan administrative information network is approved by the
state budget office under this section, the department and the
state budget office shall notify the house and senate
appropriations subcommittees on state police and military and
veterans affairs and the house and senate fiscal agencies within 10
days after the approval. The notification shall include the amount
and source of the additional authorization, the date of its
approval, and the projected use of funds to be expended under the
authorization.
Sec. 803. The department's emergency management division shall
make every effort to ensure both of the following:
(a) That homeland security grants offered by the federal
government and channeled through the department are allocated to
first responder entities in the highest percentage possible.
(b) That homeland security grants awarded to the city of
Detroit shall not be used to supplant city general funds designated
to support first responder operations.
POST UNIFORM SERVICES
Sec. 901. State police enlisted personnel who are employed to
enforce traffic laws as provided in section 629e of the Michigan
vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited
from responding to crimes in progress or other emergency
situations, and are responsible for protecting every citizen of
this state from harm.
Sec. 902. From the funds appropriated in part 1 for capitol
security guards, the department shall use these funds for security
services at the state capitol building. However, this shall not
preclude the capitol security guards from responding to emergencies
at the house office building, Farnum building, capitol parking lot,
and Roosevelt parking ramp.
STATEWIDE FIELD OPERATIONS
Sec. 1002. Money privately donated to the department is
appropriated under part 1 to be used for the purposes designated by
the donor of the money. Money privately donated to the department's
canine unit shall be used to purchase equipment and other items to
enhance the operation of the canine unit. It is the intent of the
legislature that money from private donations not supplant general
fund appropriations.
SPECIAL INVESTIGATIONS
Sec. 1101. (1) There is sufficient money appropriated in part
1 to special investigations to ensure that the citizens in a
service area of any state police post in the vicinity of a state
prison do not experience a downgrading of state police services in
their area. Special investigations shall be available by temporary
or permanent assignment of a detective when either a temporary or
permanent prison facility is opened.
(2) If the department is unable to comply with subsection (1)
and there is a prison scheduled to open, the department shall
provide troopers to serve as investigators on an interim basis.
Sec. 1102. From the funds appropriated in part 1 for special
investigations, the department shall provide a report to the
chairpersons of the senate and house of representatives standing
committees on appropriations no later than April 1, 2011 concerning
methamphetamine-related criminal activities.
MOTOR CARRIER ENFORCEMENT
Sec. 1201. (1) The department shall report to the house and
senate appropriations subcommittees on state police and the house
and senate fiscal agencies by March 1, 2011 regarding the
inspection of school buses and other motor vehicles under section
715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a, and
section 39 of the pupil transportation act, 1990 PA 187, MCL
257.1839. The report shall include the following information
regarding inspections conducted in calendar year 2010:
(a) The number of buses and vehicles inspected by the
department.
(b) The number of buses and vehicles passing and failing
inspection.
(c) The estimated number of buses and vehicles not inspected.
(2) If each school bus within a school system receives a 100%
successful state inspection on its first inspection in a given
year, the department shall award a certificate to that school
system.