FIRST CONFERENCE REPORT

 

     The Committee of Conference on the matters of difference between the two Houses concerning

 

     Senate Bill No. 185, entitled

 

     A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2014; and to provide for the expenditure of the appropriations.

 

     Recommends:

 

     First:  That the House recede from the Substitute of the House as passed by the House.

 

     Second:  That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:

 

(attached)

 

     Third:  That the Senate and House agree to the title of the bill to read as follows:

 

     A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2014; and to provide for the expenditure of the appropriations.

 

 

 

_______________________                 ________________________

Patrick Colbeck                         Michael D. McCready

 

_______________________                 ________________________

Roger Kahn                              Nancy E. Jenkins

 

_______________________                 ________________________

Vincent Gregory                         Sean McCann

 

Conferees for the Senate                Conferees for the House

 

This is our starting text

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 185

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of state

 

police for the fiscal year ending September 30, 2014; and to

 

provide for the expenditure of the appropriations.

 

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 for the department of state police are

 

appropriated for the fiscal year ending September 30, 2014, 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........ 2,931.0

 

GROSS APPROPRIATION.................................... $    606,819,000

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        25,219,700

 

    Schedule of interdepartmental grant revenue sources:

 

    IDG, training academy charges.............. 2,711,600

 

    IDG-MDOC, contract........................... 183,900

 

    IDG-MDOS..................................... 360,700

 

    IDG-MDOT, state trunkline fund............ 11,258,700

 

    IDG-MDTR, casino gaming fees............... 5,956,900

 

    IDG-MDTR, emergency telephone fund

 

     coordinator................................. 665,400

 

    IDG-MDTR, emergency telephone fund

 

     operations.................................. 721,200

 

    IDT, auto theft funds........................ 716,600

 

    IDT, Michigan justice training fund........ 1,050,000

 

    IDT, truck safety fund..................... 1,594,700

 

ADJUSTED GROSS APPROPRIATION............................ $    581,599,300

 

Total federal revenues..................................        98,846,100

 

      Schedule of federal revenue sources:

 

    DHS....................................... 51,755,800

 

    DOJ....................................... 13,909,000

 

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

 

    DOT....................................... 23,467,100

 

    Federal investigations – reimbursed

 

      services................................. 1,060,800

 

    Federal narcotics investigation revenues..... 514,000


 

Total local revenues....................................         6,967,500

 

      Schedule of local revenue sources:

 

    Local - AFIS fees............................. 81,400

 

    Local - LEIN fees.......................... 1,016,600

 

    Local - MPSCS subscriber and

 

      maintenance fees......................... 2,183,000

 

    Local - reimbursed services................ 2,012,500

 

    Local - school bus revenue................. 1,674,000

 

Total private revenues..................................           239,700

 

      Schedule of private revenue sources:

 

    Private donations............................ 239,700

 

Total state restricted revenues.........................       122,071,700

 

      Schedule of state restricted revenues:

 

    Auto theft prevention fund................. 7,289,400

 

    Criminal justice information center

 

      service fees............................ 18,333,800

 

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

 

    Drunk driving prevention and training

 

      fund..................................... 1,402,200

 

    Forensic science reimbursement fees........ 1,483,300

 

    Forfeiture funds.............................. 93,500

 

    Hazardous materials training center fees... 1,167,100

 

    Highway safety fund....................... 12,906,800

 

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

 

    Michigan justice training fund............. 8,459,300

 

    Michigan merit award trust fund.............. 750,000

 

    Motor carrier fees......................... 4,616,900


 

    Narcotics investigation revenues............. 791,600

 

    Nuclear plant emergency planning

 

      reimbursement............................ 2,647,000

 

    Precision driving track fees................. 311,700

 

    Reimbursed services.......................... 640,600

 

    Rental of department aircraft................. 57,600

 

    Secondary road patrol and training fund... 12,261,200

 

    Sex offender registration fund............... 300,900

 

    State forensic laboratory fund............. 1,721,300

 

    State police service fees.................. 2,197,900

 

    State services fee fund................... 11,666,600

 

    Tobacco tax revenue........................ 4,190,700

 

    Traffic crash revenue........................ 332,900

 

    Traffic law enforcement and safety fund... 26,321,600

 

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

 

    Truck driver safety fund................... 2,017,600

 

State general fund/general purpose...................... $    353,474,300

 

    State general fund/general purpose schedule:

 

   Ongoing state general fund/general

 

      purpose................................ 346,912,400

 

   One-time state general fund/general

 

      purpose.................................. 6,561,900

 

Sec. 102. EXECUTIVE DIRECTION

 

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

 

   Full-time equated classified positions........... 37.0

 

Unclassified positions................................. $        707,000

 

Executive direction....................................         5,399,100


 

GROSS APPROPRIATION.................................... $      6,106,100

 

    Appropriated from:

 

Interdepartmental grant revenues.......................            43,400

 

State restricted revenues..............................           847,700

 

State general fund/general purpose..................... $      5,215,000

 

    Schedule of programs:

 

   Executive direction......................... 2,969,100

 

   Special operations and events............... 2,430,000

 

   Sec. 103. SCIENCE, TECHNOLOGY, AND TRAINING

 

   Full-time equated classified positions.......... 200.0

 

Science, technology, and training...................... $      75,769,000

 

GROSS APPROPRIATION.................................... $     75,769,000

 

    Appropriated from:

 

Interdepartmental grant revenues.......................         5,581,500

 

Federal revenues.......................................         4,828,000

 

Local revenues.........................................         3,239,600

 

State restricted revenues..............................        28,501,100

 

State general fund/general purpose..................... $     33,618,800

 

    Schedule of programs:

 

   Training................................... 11,923,700

 

   Establishing and maintaining law enforcement

 

    standards................................. 10,030,100

 

   Criminal history systems................... 16,016,600

 

   Information technology services and

 

    projects.................................. 23,160,900

 

   Michigan public safety communications

 

    system.................................... 14,637,700


 

    Sec. 104. FORENSIC SCIENCES

 

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

 

Forensic sciences...................................... $      43,027,000

 

GROSS APPROPRIATION.................................... $     43,027,000

 

    Appropriated from:

 

Federal revenues.......................................         5,168,100

 

State restricted revenues..............................        14,588,200

 

State general fund/general purpose..................... $     23,270,700

 

    Schedule of programs:

 

   Forensics.................................. 43,027,000

 

   Sec. 105. UNIFORM SERVICES

 

   Full-time equated classified positions........ 1,560.0

 

Uniform services....................................... $     223,803,400

 

GROSS APPROPRIATION.................................... $    223,803,400

 

    Appropriated from:

 

State restricted revenues..............................       41,081,000

 

State general fund/general purpose..................... $    182,722,400

 

    Schedule of programs:

 

   Traffic safety and enforcement............ 219,266,800

 

   Security at events.......................... 1,200,000

 

   Capitol security............................ 2,536,600

 

   Michigan international speedway traffic

 

    control...................................... 800,000

 

    Sec. 106. SPECIALIZED SERVICES

 

   Full-time equated classified positions.......... 699.0

 

Specialized services................................... $     107,927,400

 

GROSS APPROPRIATION.................................... $    107,927,400


 

    Appropriated from:

 

Interdepartmental grant revenues.......................        18,688,300

 

Federal revenues.......................................        14,076,800

 

Local revenues.........................................         3,663,400

 

Private revenues.......................................           239,700

 

State restricted revenues..............................        10,489,600

 

State general fund/general purpose..................... $     60,769,600

 

    Schedule of programs:

 

   Specialty teams............................ 25,737,300

 

   Criminal investigations.................... 56,366,700

 

   Fire investigations......................... 1,978,900

 

   Motor carrier enforcement.................. 23,844,500

 

    Sec. 107. SUPPORT SERVICES

 

   Full-time equated classified positions.......... 170.0

 

Support services....................................... $     143,624,200

 

GROSS APPROPRIATION.................................... $    143,624,200

 

    Appropriated from:

 

Interdepartmental grant revenues.......................           906,500

 

Federal revenues.......................................        74,773,200

 

Local revenues.........................................            64,500

 

State restricted revenues..............................        26,564,100

 

State general fund/general purpose..................... $     41,315,900

 

    Schedule of programs:

 

   Support services........................... 57,277,600

 

   State emergency center operations and

 

    preparedness.............................. 59,194,500

 

   Highway safety planning and awareness...... 16,087,900


 

   Secondary road patrol program.............. 11,064,200

 

    Sec. 108. ONE-TIME BASIS ONLY APPROPRIATIONS

 

At-post troopers - trooper school...................... $       3,661,900

 

Grand Rapids forensics laboratory......................           400,000

 

Emergency response team vehicle replacement............           350,000

 

Secondary road patrol program..........................           150,000

 

Disaster and emergency contingency fund................         2,000,000

 

GROSS APPROPRIATION.................................... $      6,561,900

 

    Appropriated from:

 

State general fund/general purpose..................... $      6,561,900

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2013-2014

 

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 2013-2014 is $475,546,000.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2013-2014 is $16,187,600.00. 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............... $      3,930,700

 

   Schedule of programs:

 

Justice training grants................................         3,747,600


 

Training only to local units...........................           183,100

 

Specialized services...................................           653,300

 

   Schedule of programs:

 

Specialty teams........................................           653,300

 

Support services.......................................        11,453,600

 

   Schedule of programs:

 

State emergency operations center and preparedness.....           500,000

 

Secondary road patrol..................................        10,953,600

 

Secondary road patrol (1-time appropriation)...........          150,000

 

TOTAL.................................................. $     16,187,600

 

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

 

budget.

 

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


 

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

 

     (k) "IDG" means interdepartmental grant.

 

     (l) "IDT" means intradepartmental transfer.

 

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

 

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

 

standards.

 

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

 

     (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 Michigan public safety communications

 

system.

 

     (u) "Subcommittees" means all members of the subcommittees of

 

the senate and house standing committees on appropriations with

 

jurisdiction over the budget for the department.

 

     (v) "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: $2,711,600.00 from

 

training academy charges; $183,900.00 from the department of

 

corrections contract; $360,700.00 from the department of state;

 

$11,258,700.00 from the department of transportation - state

 

trunkline funds; $5,956,900.00 from casino gaming fees; $665,400.00


 

from the department of treasury - emergency telephone fund

 

coordinator; and $721,200.00 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: $1,484,800.00 to the

 

department of environmental quality; $150,100.00 to the department

 

of attorney general - justice training competitive grant;

 

$800,500.00 to the judiciary - justice training competitive grant;

 

$352,700.00 to the department of attorney general - operations;

 

$650,000.00 to the department of military and veterans affairs -

 

homeland security grant; $23,160,900.00 to DTMB - information

 

technology services and projects; and $14,637,700.00 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

 

$1,500,000.00 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 article 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 article 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

 

article 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

 

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

 

PA 431, MCL 18.1393.

 

     Sec. 207. The department shall cooperate with 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 and agencies receiving appropriations

 

in part 1 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. In addition,

 

preference shall be given to goods or services, or both, that are

 

manufactured or provided by Michigan small businesses that have

 

veterans compose at least 35% of their total workforce. As used in

 

this section, "veteran" means that term as defined in section 261

 

of the management and budget act, 1984 PA 431, MCL 18.1261. As used

 

in this section, "small business" means that term as defined in

 

section 7a of the administrative procedures act of 1969, 1969 PA

 

306, MCL 24.207a.

 

     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 departments and agencies receiving

 

appropriations in part 1 shall receive and retain copies of all

 

reports funded from appropriations in part 1. Federal and state

 

guidelines for short-term and long-term retention of records shall

 

be followed. The department and agencies receiving appropriations

 

in part 1 may electronically retain copies of reports unless

 

otherwise required by federal and state guidelines.

 

     Sec. 215. A department or state agency 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 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 departments and agencies receiving

 

appropriations in part 1 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 appropriations committees, 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 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) A report on the performance metrics cited in this act.

 

     (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 subcommittees and the senate

 

and house fiscal agencies.

 

     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, criminal investigations, fire

 

investigation, specialty teams, capitol security, state emergency

 

operations center and preparedness, criminal history systems,

 

highway safety planning and awareness, motor carrier enforcement,

 

forensics, training, and establishing and monitoring law

 

enforcement standards. As used in this section, "core service"

 

means that phrase as defined in section 373 of the management and

 

budget act, 1984 PA 431, MCL 18.1373.

 

     Sec. 222. The department shall notify the subcommittees, the

 

chairpersons of the senate and house standing committees on

 

appropriations, 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 90 days before beginning any effort to

 

privatize, the department shall submit a complete project plan to

 

the 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 subcommittees and the senate and house fiscal

 

agencies within 30 months.

 

     Sec. 224. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal


 

services for bonding activities and for those activities that the

 

attorney general authorizes.

 

     Sec. 226. (1) 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.

 

     (2) The department shall define service cost models for those

 

services requiring reimbursement.

 

     (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. 228. Not later than November 30, the state budget office

 

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 appropriations committees, the subcommittees,

 

and the senate and house fiscal agencies.

 

     Sec. 229. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the senate and house appropriations

 

chairs, the subcommittees, 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, 2013 and

 

September 30, 2014.

 

     Sec. 230. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the department's performance.

 

     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 DTMB and state, local, regional, and federal public

 

safety agencies to establish interoperability standards to ensure

 

effective communication among public safety agencies and 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. The department shall also report user

 

issues to the DTMB.

 

 

 

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 subcommittees and the senate and house

 

fiscal agencies.

 

     Sec. 251. From the funds appropriated in part 1 for executive

 

direction, effective and efficient administrative leadership shall

 

be provided to the department.

 

     Sec. 252. From the funds appropriated in part 1 for special

 

operations and events, the department shall provide effective

 

protection for the governor and visiting dignitaries to the state.

 

 

 

SCIENCE, TECHNOLOGY, AND TRAINING

 

TRAINING

 

     Sec. 302. (1) The department shall develop and deliver

 

professional, innovative, and quality training that supports the

 

enforcement and public safety efforts of the criminal justice

 

community.

 

     (2) The department shall maintain the staffing and resources

 

necessary to provide educational opportunities for personal and

 

professional growth to a minimum of 10,000 state and local law

 

enforcement employees and other public safety partners.


 

     (3) The department shall maintain the staffing and resources

 

necessary to provide educational opportunities for personal and

 

professional growth to a minimum of 3,000 community members.

 

     (4) The department shall seek to increase its classroom

 

occupancy rate at the training academy with the goal of reaching

 

55% on an annual basis.

 

     (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 distribute and review course

 

evaluations to ensure quality training is provided.

 

     (7) Beginning October 1, the department shall submit a report

 

to the subcommittees within 60 days of the conclusion of any

 

trooper recruit school. The report shall include the following:

 

     (a) The number of veterans and the number of MCOLES-certified

 

police officers who commenced that trooper recruit school.

 

     (b) The number of veterans and the number of MCOLES-certified

 

police officers who concluded that trooper recruit school.

 

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

 

recruit veterans and MCOLES-certified police officers for that

 

trooper recruit school.

 

ESTABLISHING AND MAINTAINING LAW ENFORCEMENT STANDARDS

 

     Sec. 303. (1) MCOLES shall establish standards for the


 

selection, employment, training, education, licensing, and

 

revocation of all law enforcement officers.

 

     (2) MCOLES shall maintain the staffing and resources necessary

 

to provide the basic law enforcement training curriculum for law

 

enforcement training academy programs statewide.

 

     (3) MCOLES shall maintain staffing and resources necessary to

 

update law enforcement standards within 30 days of the effective

 

date of any new legislation.

 

CRIMINAL HISTORY SYSTEMS

 

     Sec. 304. (1) In accordance with applicable state and federal

 

laws and regulations, 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 a

 

minimum of 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.


 

     (5) The department shall provide fingerprint and background

 

check services in support of public safety and law enforcement

 

communities in this state.

 

     (6) The department shall maintain the staffing and resources

 

necessary to process fingerprint and background check services

 

commensurate with fiscal year 2010-2011.

 

     (7) 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.

 

     (8) The department shall define and maintain a cost model

 

pertaining to providing fingerprint check services and provide that

 

fingerprint service fees shall be commensurate with the actual

 

costs of delivering this service.

 

     (9) The department shall maintain the law enforcement

 

information network in support of public safety and law enforcement

 

communities in this state.

 

     (10) 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.

 

     (11) The department shall audit criminal justice agencies as

 

required by federal guidelines.

 

     (12) The department shall prepare a report to the legislature

 

defining a list of options to reduce the LEIN budget by 5% without

 

adversely impacting services to customers.

 

     (13) The department shall oversee the sex offender registry

 

and its enforcement in this state.


 

     (14) 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.

 

     (15) The sex offender registry unit shall follow up on tips

 

assigned to law enforcement agencies within 10 working days.

 

 

 

FORENSIC SCIENCES

 

FORENSICS

 

     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 55 days assuming an annual caseload volume commensurate

 

with that received in fiscal year 2010-2011.

 

     (3) The department shall ensure its ability to maintain

 

accreditation by the American society of crime laboratory

 

directors/laboratory accreditation board (ASCLD/LAB).

 

     (4) The department shall implement improved methods with the

 

intent of reaching an average 30-day turnaround for forensic

 

evidence.

 

     (5) 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

 

TRAFFIC SAFETY AND ENFORCEMENT


 

     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 and shall dedicate a minimum of 300,000 hours to

 

statewide patrol, of which a minimum of 24,000 shall be committed

 

to distressed cities in this state.

 

     (4) 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.

 

     (5) The department shall maintain the staffing and resources

 

necessary to perform activities to maintain a 93% compliance rate

 

for reporting by registered sex offenders.

 

     (6) The department shall submit a report on or before December

 

1 to the subcommittees and the senate and house fiscal agencies

 

regarding the cities in distress public safety initiative. The

 

report shall include, but is not limited to, the following

 

information for the prior fiscal year 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.

 

     (7) The department shall respond to potential and imminent

 

threats to this state's facilities, systems, and property, and

 

large scale recreational and major public sponsored events.

 

     (8) The department shall use the funds appropriated in part 1

 

for security at events to support the department's costs associated

 

with the additional show-of-force, enforcement, or traffic safety

 

efforts during major public events within this state.

 

     (9) From the funds appropriated in part 1 for security at

 

events, the department shall maintain the ability to support the

 

cost of 7,000 overtime hours or the financial equivalent of 7,000

 

overtime hours in terms of overtime, fuel, equipment, and other


 

costs.

 

     (10) The department shall provide traffic control for events

 

at Michigan international speedway.

 

CAPITOL SECURITY

 

     Sec. 505. (1) The department shall provide security services

 

at the state capitol complex facilities.

 

     (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, the

 

Roosevelt parking ramp, and other areas as directed.

 

     (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.

 

     (5) The department shall dedicate a minimum of 35,000 patrol

 

hours for the state capitol complex facilities.

 

 

 

SPECIALIZED SERVICES

 

SPECIALTY TEAMS

 

     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 2010-2011.

 

     (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 and shall strive to achieve

 

acceptable response times.

 

     (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.

 

     (9) The department shall operate the Michigan intelligence

 

operation center as the state's federally recognized fusion center.

 

     (10) 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.

 

CRIMINAL INVESTIGATIONS

 

     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 2010-2011.

 

     (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 16,600 hours to tobacco tax enforcement.

 

     (5) The department shall annually provide 4 training

 

opportunities to local law enforcement partners with the goal of

 

increasing their knowledge of gambling laws, trends, and legal

 

issues.

 

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

 

October 15 to the subcommittees, the senate and house

 

appropriations subcommittees on general government, and the senate

 

and house fiscal agencies, that details expenditures related to tax

 

enforcement activities for the prior fiscal year.

 

FIRE INVESTIGATION

 

     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 that occurred in fiscal


 

year 2010-2011.

 

     (3) The fire investigation unit shall be available for call

 

out statewide 100% of the time.

 

MOTOR CARRIER ENFORCEMENT

 

     Sec. 604. (1) The department shall maintain the staffing and

 

resources necessary to enforce the motor carrier safety laws and

 

regulations of the state.

 

     (2) The department shall inspect all black and yellow school

 

buses annually.

 

     (3) 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 provide administrative

 

support for department operations.

 

     (2) The department shall maintain the staffing and resources

 

necessary to ensure proper accountability of state funds.

 

     (3) The department shall maintain the staffing and resources

 

necessary to adhere to the state of Michigan financial management

 

guide for accounting, contracting, purchasing, budgeting, and

 

financial reporting and the administrative guide to state

 

government.

 

     (4) The department shall ensure fiscal controls relating to

 

procurement of goods and services and other expenditures.

 

STATE EMERGENCY OPERATIONS CENTER AND PREPAREDNESS

 

     Sec. 703. (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

 

2010-2011.

 

     (3) 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.

 

     (4) The department shall foster, promote, and maintain

 

partnerships to protect this state and homeland from all hazards.

 

     (5) The department shall maintain the staffing and resources

 

necessary to do all of the following:

 

     (a) Serve approximately 105 local emergency management

 

preparedness programs and 88 local emergency planning committees in

 

this state.

 

     (b) Operate and maintain the state's emergency operations

 

center and provide command and control in support of emergency

 

response services.

 

     (c) Maintain readiness, including training and equipment to

 

respond to civil disorders and natural disasters.

 

     (d) Perform hazardous materials response training.

 

     (6) 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.


 

     (7) 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.

 

     (8) 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 subcommittees 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.

 

     (9) From the funds appropriated in part 1, $500,000.00 shall

 

be expended to support the urban search and rescue taskforce.

 

DISASTER AND EMERGENCY CONTINGENCY FUND

 

     Sec. 704. (1) In addition to the funds appropriated in part 1,

 

there is appropriated from the disaster and emergency contingency

 

fund up to $800,000.00 to cover costs related to any disaster or

 

emergency as defined in the emergency management act, 1976 PA 390,

 

MCL 30.401 to 30.421.

 

     (2) Funds in the disaster and emergency contingency fund shall

 

not be expended unless the state budget director recommends the

 

expenditure and the department notifies the senate and house

 

appropriations committees. No later than December 1, the department

 

shall provide an annual report to the senate and house

 

appropriations committees, the senate and house fiscal agencies,

 

and the state budget office on the use of the disaster and

 

emergency contingency fund during the prior fiscal year.

 

     (3) In the event that federal emergency management agency

 

(FEMA) reimbursement is approved for costs paid from the disaster

 

and emergency contingency fund, the federal revenue shall be

 

deposited into the disaster and emergency contingency fund.

 

     (4) Unexpended and unencumbered funds remaining in the

 

disaster and emergency contingency fund at the close of the fiscal

 

year shall not lapse to the general fund and shall be carried

 

forward and be available for expenditure in subsequent fiscal


 

years.

 

HIGHWAY SAFETY PLANNING AND AWARENESS

 

     Sec. 705. The department shall provide highway safety

 

information and awareness to the public and other interested

 

parties.

 

 

 

ONE-TIME APPROPRIATIONS

 

     Sec. 801. The funds appropriated in section 108 for the

 

secondary road patrol program are for fiscal year 2013-2014 only

 

and shall be expended as provided in section 629e of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.629e. It is the intent of the

 

legislature to convene a workgroup with the members of the

 

legislature, the department, and representatives of county

 

sheriff's departments and other local law enforcement agencies for

 

the purpose of reviewing the sources of revenue, allocation

 

formula, administration, and other issues concerning the secondary

 

road patrol program.

 

     Sec. 802. The department shall maintain the staffing and

 

resources necessary to train at least 107 recruits.

 

     Sec. 803. The 1-time appropriation in part 1 for the Grand

 

Rapids forensics laboratory shall be used for special maintenance

 

at the laboratory.

 

     Sec. 804. From the 1-time appropriation in part 1 for the

 

emergency response team vehicle replacement, the department shall

 

purchase 2 vehicles to support the emergency response team.

 

 

 

 


 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2014-2015

 

GENERAL SECTIONS

 

     Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2015 for

 

the line items listed in part 1. The fiscal year 2014-2015

 

appropriations are anticipated to be the same as those for fiscal

 

year 2013-2014, 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

 

2014 consensus revenue estimating conference.

 

     Sec. 1202. It is the intent of the legislature that the

 

department identify the amounts for normal retirement costs and

 

legacy retirement costs for the fiscal year ending on September 30,

 

2015 for the line items listed in part 1.