FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 776, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2015; 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 and certain other state purposes for the fiscal year ending September 30, 2015; 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.
_______________________ ________________________
Patrick Colbeck Michael D. McCready
_______________________ ________________________
Roger Kahn Nancy E. Jenkins
_______________________ ________________________
Vincent Gregory Sean McCann
Conferees for the Senate Conferees for the House
SUBSTITUTE FOR
SENATE BILL NO. 776
A bill to make appropriations for the department of state
police and certain other state purposes for the fiscal year ending
September 30, 2015; 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 for the department of state police are
appropriated for the fiscal year ending September 30, 2015, 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........ 3,070.0
GROSS APPROPRIATION.................................... $ 639,573,000
Total interdepartmental grants and intradepartmental
transfers............................................ 26,233,200
Schedule of interdepartmental grants and
intradepartmental transfer revenue sources:
IDG-MDOC, contract........................... 340,100
IDG-MDOS..................................... 364,500
IDG-MDOT, state trunkline fund............ 11,433,400
IDG-MDTR, casino gaming fees............... 6,134,100
IDG-MDTR, emergency telephone fund
coordinator................................. 677,000
IDG-MDTR, emergency telephone fund operations 742,200
IDG, training academy charges.............. 2,814,400
IDT, auto theft funds........................ 761,000
IDT, Michigan justice training fund........ 1,050,000
IDT, truck safety fund..................... 1,916,500
ADJUSTED GROSS APPROPRIATION............................ $ 613,339,800
Total federal revenues.................................. 99,429,900
Schedule of federal revenue sources:
DHS....................................... 51,914,400
DOJ....................................... 14,184,700
DOJ interest bearing....................... 8,141,600
DOT....................................... 23,563,700
Federal investigations - reimbursed
services.................................... 1,088,300
Federal narcotics investigation revenues........ 537,200
Total local revenues.................................... 4,861,700
Schedule of local revenue sources:
Local - AFIS fees............................. 82,000
Local - LEIN fees.......................... 1,023,500
Local - reimbursed services................ 2,064,700
Local - school bus revenue................. 1,691,500
Total private revenues.................................. 77,200
Schedule of private revenue sources:
Private donations............................. 77,200
Total other state restricted revenues................... 124,800,000
Schedule of restricted revenue sources:
Auto theft prevention fund................. 7,298,700
Concealed weapons enforcement fee............ 100,000
CJIC service fees......................... 21,560,400
Drunk driving prevention and training fund. 1,445,600
Forensic science reimbursement fees........ 1,525,600
Forfeiture funds.............................. 99,100
Hazardous materials training center fees... 1,183,200
Highway safety fund....................... 13,624,300
Licensing fees................................. 9,100
Michigan justice training fund............. 8,491,600
Michigan merit award trust fund.............. 793,900
Motor carrier fees......................... 4,687,600
Narcotics investigation revenue.............. 814,600
Nuclear plant emergency planning
reimbursement............................ 2,671,900
Precision driving track fees................. 323,500
Reimbursed services.......................... 752,900
Rental of department aircraft................. 59,400
Secondary road patrol and training fund... 12,275,900
Sex offenders registration fund.............. 609,800
State forensic laboratory fund............. 1,767,600
State police service fees.................. 2,288,700
State services fee fund.................... 7,990,900
Tobacco tax revenue........................ 4,438,600
Traffic crash revenue........................ 335,400
Traffic law enforcement and safety fund... 26,732,000
Trooper school recruitment fund.............. 901,100
Truck driver safety fund................... 2,018,600
State general fund/general purpose...................... $ 384,171,000
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................ 366,191,700
One-time state general fund/general
purpose................................. 17,979,300
Sec. 102. EXECUTIVE AND DEPARTMENTAL SERVICES
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions.......... 124.0
Unclassified positions................................. $ 724,700
Executive and departmental services.................... 90,888,500
Schedule of programs:
Executive direction......................... 3,068,200
State executive security.................... 2,564,900
Capitol complex security.................... 2,577,700
Departmental services...................... 82,677,700
GROSS APPROPRIATION.................................... $ 91,613,200
Appropriated from:
Interdepartmental grant revenues....................... 1,407,300
Federal revenues....................................... 9,858,100
Local revenues......................................... 1,117,300
State restricted revenues.............................. 19,415,100
State general fund/general purpose..................... $ 59,815,400
Sec. 103. LAW ENFORCEMENT SERVICES
Full-time equated classified positions.......... 484.0
Law enforcement services............................... $ 86,776,200
Schedule of programs:
Training................................... 12,675,900
Commission on law enforcement standards.... 10,063,600
Criminal justice information systems....... 15,880,900
Laboratory operations...................... 32,139,600
DNA analysis program........................ 8,418,100
Biometrics and identification............... 7,598,100
GROSS APPROPRIATION.................................... $ 86,776,200
Appropriated from:
Interdepartmental grant revenues....................... 5,508,100
Federal revenues....................................... 9,077,700
State restricted revenues.............................. 34,529,000
State general fund/general purpose..................... $ 37,661,400
Sec. 104. FIELD SERVICES
Full-time equated classified positions........ 1,971.0
Field services......................................... $ 300,703,000
Schedule of programs:
General law enforcement and traffic
safety................................... 239,572,000
Security at events................................ 100
Criminal investigations.................... 53,845,000
Tobacco tax fraud investigations............ 5,226,400
Fire investigations......................... 2,059,500
GROSS APPROPRIATION.................................... $ 300,703,000
Appropriated from:
Interdepartmental grant revenues....................... 6,717,200
Federal revenues....................................... 7,719,500
Local revenues......................................... 2,064,700
State restricted revenues.............................. 47,802,000
State general fund/general purpose..................... $ 236,399,600
Sec. 105. SPECIALIZED SERVICES
Full-time equated classified positions.......... 491.0
Specialized services................................... $ 141,251,300
Schedule of programs:
Special operations......................... 26,370,600
Commercial vehicle enforcement............. 27,704,900
Emergency management and homeland security. 59,978,300
Highway safety planning.................... 16,131,400
Secondary road patrol program.............. 11,066,100
GROSS APPROPRIATION.................................... $ 141,251,300
Appropriated from:
Interdepartmental grant revenues....................... 12,600,600
Federal revenues....................................... 72,774,600
Local revenues......................................... 1,679,700
Private revenues....................................... 77,200
State restricted revenues.............................. 21,803,900
State general fund/general purpose..................... $ 32,315,300
Sec. 106. ONE-TIME APPROPRIATIONS
Trooper school......................................... $ 4,408,500
Emergency support team vehicles........................ 225,000
Motor carrier school................................... 1,181,900
Aviation support – helicopter purchase................. 4,932,000
LEIN conversion language............................... 350,000
Electronic warrant report system....................... 750,000
Michigan international speedway traffic control........ 831,900
Local public safety initiative......................... 4,550,000
Rent and building occupancy charges - Marshall post.... 2,000,000
GROSS APPROPRIATION.................................... $ 19,229,300
Appropriated from:
State restricted revenues.............................. 1,250,000
State general fund/general purpose..................... $ 17,979,300
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is $508,971,000.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $19,755,600.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Law enforcement services............................... $ 3,576,400
Schedule of programs:
Commission on law enforcement standards..... 3,576,400
Specialized services................................... $ 11,629,200
Schedule of programs:
Special operations............................ 673,800
Highway safety planning.................... 10,955,400
Local public safety initiative......................... $ 4,550,000
TOTAL.................................................. $ 19,775,600
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "AFIS" means the automated fingerprint identification
system.
(b) "CFDA" means catalog of federal domestic assistance.
(c) "CJIC" means the criminal justice information center.
(d) "CJIS" means criminal justice information systems.
(e) "Core service" means that phrase as defined in section 373
of the management and budget act, 1984 PA 431, MCL 18.1373.
(f) "Department" means the department of state police.
(g) "DHS" means the United States department of homeland
security.
(h) "DNA" means deoxyribonucleic acid.
(i) "DOJ" means the United States department of justice.
(j) "DOT" means the United States department of
transportation.
(k) "DTMB" means the department of technology, management, and
budget.
(l) "FEMA" means the federal emergency management agency.
(m) "FTE" means full-time equated.
(n) "IDG" means interdepartmental grant.
(o) "IDT" means intradepartmental transfer.
(p) "LEIN" means the law enforcement information network.
(q) "MCOLES" means Michigan commission on law enforcement
standards.
(r) "MDCH" means the Michigan department of community health.
(s) "MDOC" means the Michigan department of corrections.
(t) "MDOS" means the Michigan department of state.
(u) "MDOT" means the Michigan department of transportation.
(v) "MDTR" means the Michigan department of treasury.
(w) "MPSCS" means Michigan public safety communications
system.
(x) "Subcommittees" means all members of the subcommittees of
the senate and house standing committees on appropriations with
jurisdiction over the budget for the department.
(y) "Work project" means that term as defined in section 404
of the management and budget act, 1984 PA 431, MCL 18.1404, and
that meets the criteria in section 451a(1) of the management and
budget act, 1984 PA 431, MCL 18.1451a.
Sec. 204. The following shall constitute the appropriations
from part 1 for interdepartmental grant funds received by the
department from sources outside the department: $2,814,400.00 from
training academy charges; $340,100.00 from the department of
corrections contract; $364,500.00 from the department of state;
$11,433,400.00 from the department of transportation - state
trunkline funds; $6,134,100.00 from casino gaming fees; $677,000.00
from the department of treasury - emergency telephone fund
coordinator; and $761,000.00 from the department of treasury -
emergency telephone fund operations.
Sec. 204a. (1) The following shall constitute the
appropriations from part 1 for interdepartmental grant funds made
from the department to other departments:
Attorney general - operations.......................... $ 352,700
Attorney general – justice training grant.............. $ 162,900
Environmental quality.................................. $ 1,312,800
Judiciary – justice training grant..................... $ 814,400
Military and veterans affairs.......................... $ 100,000
DTMB – building occupancy charges...................... $ 7,105,900
DTMB – accounting service center....................... $ 1,045,700
DTMB – information technology.......................... $ 23,903,400
(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. 205a. Federal DHS revenue appropriated in part 1 may be
received from, but is not limited to, the following programs:
homeland security grant program (CFDA 97.067), national incident
management system (CFDA 97.107), buffer zone protection plan (CFDA
97.078), pre-disaster mitigation (CFDA 97.047), emergency
management performance grants (CFDA 97.042), hazard mitigation
(CFDA 97.039), disaster grants – public assistance (CFDA 97.036),
flood mitigation assistance (CFDA 97.029), and applied
meteorological research (CFDA 11.468).
Sec. 205b. Federal DOJ revenue appropriated in part 1 may be
received from, but is not limited to, the following programs:
national criminal history improvement program (CFDA 16.554), public
safety partnership and community policing (CFDA 16.710), violence
against women grants (CFDA 16.588), Paul Coverdell forensic
sciences improvement grant (CFDA 16.742), DNA backlog reduction
grants (CFDA 16.741), missing children's assistance program (CFDA
16.543), domestic cannabis eradication and suppression, bulletproof
vest partnership (CFDA 16.609), project safe neighborhoods (CFDA
16.609), Edward Byrne memorial justice assistance grants (CFDA
16.738), enforcing underage drinking laws program (CFDA 16.727),
the residential substance abuse treatment for state prisoners grant
program (CFDA 16.593), and the high intensity drug trafficking
areas program (CFDA 95.001).
Sec. 205c. Federal DOT revenue appropriated in part 1 may be
received from, but is not limited to, the following programs: state
and community highway safety (CFDA 20.600), motor carrier safety
assistance (CFDA 20.218), new entrant safety assurance program
(CFDA 20.218), and border enforcement grant program (CFDA 20.233).
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 part 1 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 part 1 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 part 1
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 part 1
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 part. 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 and this part 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:
(a) "Small business" means that term as defined in section 7a
of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
(b) "Veteran" means that term as defined in section 261 of the
management and budget act, 1984 PA 431, MCL 18.1261.
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
part, the schedule of programs in part 1 lists programs which may,
but are not required to be, funded under this part or part 1.
(2) Notwithstanding any other provisions of this part, the
schedule of revenue sources in part 1 may or may not be received
from the funding entities listed or in the amounts 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.
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 senate and house appropriations committees, the
senate and house 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
to the subcommittees, the senate and house fiscal agencies, and the
state budget office that 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 or required to
be reported in this part.
(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:
(a) State executive security, including capitol complex
security.
(b) Training.
(c) Commission on law enforcement standards.
(d) Criminal justice information systems.
(e) Scientific analysis and identification, including
laboratory operations, DNA analysis program, and biometrics and
identification.
(f) General law enforcement and traffic safety.
(g) Criminal investigations, including tobacco tax fraud
investigations and fire investigations.
(h) Special operations.
(i) Commercial vehicle enforcement.
(j) Emergency management and homeland security.
(k) Highway safety planning, including the secondary road
patrol program.
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 or this part 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 prior 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, 2014 and
September 30, 2015.
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. 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.
Sec. 233. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2015 are $121,652,900.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$66,300,300.00, and total agency appropriations for retiree health
care legacy costs are estimated at $55,352,600.00.
Sec. 235. The department shall initiate discussions with the
city of Wayland regarding a potential partnership between the city
and the department for a joint public safety building located in
the city. The department shall examine the feasibility and
financial costs and benefits to the state for leasing space at that
facility. The department shall provide a status report to the
subcommittees, the senate and house appropriations subcommittees on
general government, the senate and house fiscal agencies, and the
state budget office no later than December 1, 2014.
EXECUTIVE AND DEPARTMENTAL SERVICES
UNCLASSIFIED POSITIONS
Sec. 300. (1) From the funds appropriated in part 1, there is
funding to support unclassified employee positions as provided
under section 5 of article XI of the state constitution of 1963 and
section 455 of the management and budget act, 1984 PA 431, MCL
18.1455. 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.
EXECUTIVE DIRECTION
Sec. 301. From the funds appropriated in part 1, the
department shall provide for executive administration of the
department, as provided under 1935 PA 59, MCL 28.1 to 28.16, and
chapter 7 of the executive organization act of 1965, 1965 PA 380,
MCL 16.250 to 16.258.
STATE EXECUTIVE SECURITY
Sec. 302. The department shall provide for the protection of
the governor and visiting dignitaries to the state.
STATE EXECUTIVE SECURITY – CAPITOL COMPLEX SECURITY
Sec. 303. (1) The department shall provide security services
at the state capitol complex facilities as provided under section
6c of 1935 PA 59, MCL 28.6c.
(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.
DEPARTMENTAL SERVICES
Sec. 304. (1) The department shall provide administrative
support for department operations, as provided under the management
and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, including the
following:
(a) The department shall maintain the staffing and resources
necessary to ensure proper accountability of state funds.
(b) 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.
(c) The department shall ensure fiscal controls relating to
procurement of goods and services and other expenditures.
(2) From the funds appropriated in part 1 for departmental
services, the department shall provide for the following grant and
community service support functions:
(a) The operations of the automobile theft prevention
authority, as provided under chapter 61 of the insurance code of
1956, 1956 PA 218, MCL 500.6101 to 500.6111.
(b) Administration of the Edward Byrne memorial justice
assistance program established under 42 USC 3751(a), and other
programs transferred to the department, as provided under Executive
Reorganization Order No. 2009-29, MCL 28.91.
(c) The asset forfeiture reporting requirement under section
7524a of the public health code, 1978 PA 368, MCL 333.7524a.
(3) From the funds appropriated in part 1 for departmental
services, the department shall provide oversight and administration
of 9-1-1 operations statewide, as provided under the emergency 9-1-
1 service enabling act, 1986 PA 32, MCL 484.1101 to 484.1717.
(4) From the funds appropriated in part 1 for departmental
services, $23,904,400.00 shall be used as a pass through via an IDG
to the department of technology, management, and budget for
technology services, including maintenance and repair service and
technology projects, to maximize the operational efficiency and
effectiveness of the department.
(5) From the funds appropriated in part 1 for departmental
services, funds shall be provided for management operations costs
for the department's forensic laboratory located in the Detroit
public safety headquarters. The funds shall cover the department's
share of annual operating costs for the facility, including
repairs, maintenance, utilities, building management, parking, and
janitorial services, as a result of it occupying approximately
52,000 square feet, or 18.56%, of the facility's usable space.
LAW ENFORCEMENT SERVICES
TRAINING
Sec. 401. (1) The department shall maintain the staffing and
resources necessary to exercise the authority, powers, functions,
and responsibilities concerning the development and delivery of
professional, innovative, and quality training that supports the
enforcement and public safety efforts of the criminal justice
community as provided under 1925 PA 211, MCL 28.221 to 28.225.
(2) The department shall provide for the effective
recruitment, selection, and hiring of qualified applicants for all
positions within the department. As part of its recruitment
efforts, the department shall, to the extent consistent with its
hiring standards and applicable civil service rules, place an
emphasis on recruiting MCOLES-certified police officers for its
recruit schools, particularly those officers who are on layoff and
possess a valid MCOLES license.
(3) The department shall provide the following performance
data as provided under section 219:
(a) The number of state and local law enforcement and other
criminal justice employees receiving MSP-provided instruction, with
an annual goal of at least 10,000 individuals.
(b) The average classroom occupancy rate, with an annual goal
of 55%.
(c) The number of community members provided educational
opportunities for personal and professional growth, with a goal of
a minimum of 3,000 community members.
(4) Beginning October 1, the department shall submit a report
to the subcommittees and the senate and house fiscal agencies
within 60 days of the conclusion of any trooper or motor carrier
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.
(d) The number of recruits who began the school, the number of
recruits who graduated, and the cities or posts in which each of
these recruits is assigned or stationed.
(5) The department shall distribute and review course
evaluations to ensure quality training is provided.
(6) The department shall maintain the staffing and resources
necessary to exercise the authority, powers, functions, and
responsibilities concerning the provision of specialized traffic
safety-support services under the following program authorities:
(a) Section 625h of the Michigan vehicle code, 1949 PA 300,
MCL 257.625h, and R 325.2651 to R 325.2659 of the Michigan
administrative code.
(b) Sections 628, 651, and 675 of the Michigan vehicle code,
1949 PA 300, MCL 257.628, 257.651, and 257.675.
(c) Section 658 of the Michigan vehicle code, 1949 PA 300, MCL
257.658, and R 28.951 to R 28.961 of the Michigan administrative
code.
(d) Section 710a of the Michigan vehicle code, 1949 PA 300,
MCL 257.710a, and R 28.901 to R 28.911 of the Michigan
administrative code.
(e) Section 1 of 1956 PA 62, MCL 257.951, and R 28.1001 to R
28.2075 of the Michigan administrative code.
(f) Section 727c of the Michigan vehicle code, 1949 PA 300,
MCL 257.727c.
(g) Section 608 of the Michigan vehicle code, 1949 PA 300, MCL
257.608.
COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 404. (1) MCOLES shall maintain the staffing and resources
necessary to exercise the authority, powers, functions, and
responsibilities necessary to establish standards for the
selection, employment, training, education, licensing, and
revocation of all law enforcement officers and provide the basic
law enforcement training curriculum for law enforcement training
academy programs statewide, as provided under the following
authorities:
(a) The commission on law enforcement standards act, 1965 PA
203, MCL 28.601 to 28.616, and R 28.14101 to R 28.14702 of the
Michigan administrative code.
(b) 1982 PA 302, MCL 18.421 to 18.429, and R 28.14901 to R
28.14910 of the Michigan administrative code.
(c) Executive Reorganization Order No. 2001-2, as amended by
Executive Reorganization Order No. 2008-3, MCL 28.621.
(d) The railroad code of 1993, 1993 PA 354, MCL 462.101 to
462.451.
(e) The private security business and security alarm act, 1968
PA 330, MCL 338.1051 to 338.1092.
(f) Section 5v of 1927 PA 372, MCL 28.425v.
(g) 42 USC 3796gg and 28 CFR part 90, to the extent MCOLES
receives grant assistance from the DOJ.
(h) The public safety officers benefit act, 2004 PA 46, MCL
28.631 to 28.638, and R 28.14951 to R 28.14966 of the Michigan
administrative code.
(2) MCOLES shall provide information on the following at the
time it submits a report under section 7 of the commission on law
enforcement standards act, 1965 PA 203, MCL 28.607:
(a) The number of licensed police officers, by the type of law
enforcement agency.
(b) The number of new police officer licenses issued.
(c) The number of police officer license revocations.
(3) MCOLES shall provide biannual summary data on justice
training fund grants provided under section 3 of 1982 PA 302, MCL
18.423.
(4) MCOLES shall maintain staffing and resources necessary to
update law enforcement standards within 30 days of the effective
date of any new legislation.
CRIMINAL JUSTICE INFORMATION SYSTEMS
Sec. 405. (1) The department shall maintain criminal justice
information systems in the support of public safety and law
enforcement communities in this state. The department shall
maintain the staffing and resources necessary to exercise its
general authority, powers, functions, and responsibilities
concerning the maintenance of CJIS applications and databases in
accordance with the following program authorities:
(a) 1925 PA 289, MCL 28.241 to 28.248.
(b) The C.J.I.S. policy council act, 1974 PA 163, MCL 28.211
to 28.215.
(c) Executive Reorganization Order No. 2008-2, MCL 28.162.
(d) Executive Order No. 2011-7.
(e) R 28.5101 to R 28.5414 of the Michigan administrative
code.
(f) 1935 PA 86, MCL 28.261 to 28.262.
(g) 1935 PA 120, MCL 28.271 to 28.273.
(h) 1945 PA 294, MCL 28.411 to 28.413.
(i) To the extent federal grant assistance is received, the
national criminal history improvement program authorized under the
crime technology improvement act of 1998, 42 USC 3732, and related
statutes to improve the accuracy, quality, timeliness,
accessibility, and integration of its CJIS applications and
databases.
(2) The department shall prepare a report to the legislature
defining a list of options to reduce the LEIN budget without
adversely impacting services to customers.
(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 staffing and resources
necessary to exercise the authority, powers, functions, and
responsibilities concerning the uniform system of reporting crimes
and the compilation of crime statistics in accordance with the
following program authorities:
(a) 1968 PA 319, MCL 28.251 to 28.259.
(b) 28 USC 534, to the extent necessary to comply with the
federal-state uniform crime reporting (UCR) program and the
national incident-based report system (NIBRS) established by the
federal bureau of investigation pursuant to 28 CFR 0.85.
(5) The department shall publish annual Michigan crime
statistics consistent with the UCR and NIBRS programs and notify
the subcommittees when the data are published on the department's
website.
(6) The department shall process requests for public records
as provided under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(7) By December 1, the department shall provide the following
information for the prior fiscal year:
(a) The number of public records requests received.
(b) The number of public records requests fulfilled.
(c) The number of public records requests denied.
(d) The total amount of fees received for fulfilled requests.
(8) The department shall exercise the authority, powers,
functions, and responsibilities concerning the compilation and
evaluation of traffic crash reports and the maintenance of the
state accident data collection system in accordance with the
following program authorities:
(a) Section 622 of the Michigan vehicle code, 1949 PA 300, MCL
257.622.
(b) Section 82132 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.82132.
(c) Section 81143 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81143.
(d) The fatality analysis reporting system, as developed by
the national highway traffic safety administration.
(e) The federal moving ahead for progress in the 21st century
act, 23 USC 405, to the extent grant assistance is received to
improve the timeliness, accuracy, completeness, uniformity,
integration, and accessibility of state traffic safety data.
(9) The department shall provide data on the number of copies
of traffic crash reports (form UD-10) provided via the traffic
crash reporting system, as provided under section 219.
(10) The department shall make traffic crash 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.
(11) The department shall maintain the staffing and resources
necessary to exercise the authority, powers, functions, and
responsibilities concerning the maintenance and dissemination of
criminal history records and juvenile records in accordance with
the following program authorities:
(a) 1925 PA 289, MCL 28.241 to 28.248.
(b) 1935 PA 120, MCL 28.271 to 28.273.
(c) 28 USC 534, to the extent necessary to exchange criminal
history records information for criminal justice purposes.
(d) 28 CFR part 20, to the extent necessary to exchange
criminal history records information with the federal bureau of
investigation and other states through the interstate
identification index, the national crime information center, and
other federal CJIS databases and indices.
(e) The criminal justice information security policy, as
developed and approved by the federal bureau of investigation and
the federal CJIS advisory policy board.
(f) Public Law 92-544, 28 USC 534 note, and Michigan statutes
approved under that act, to the extent necessary to exchange
criminal history records information for employment and licensing
purposes.
(g) The national crime prevention and compact act of 1998, 42
USC 14611 to 14616, 28 CFR chapter IX, and 2008 PA 493, MCL 3.1051
to 3.1053, to exchange criminal history records information for
non-criminal-justice purposes.
(12) The department shall provide information on the number of
fingerprint checks processed and background checks processed
through the Internet criminal history access tool (ICHAT) as
provided in section 219.
(13) The department shall maintain the staffing and resources
necessary to exercise the authority, powers, functions, and
responsibilities concerning the maintenance of records, including
criminal history records checks, regarding firearms licensure as
provided under the following program authorities:
(a) 1927 PA 372, MCL 28.421 to 28.435.
(b) The federal gun control act, 18 USC chapter 44.
(c) 28 CFR part 25, subpart A, to the extent necessary to
ensure compliance with the national instant criminal background
check system.
(14) The department shall provide to the legislature a report
not later than December 1, 2014 that includes all of the following:
(a) The department's actual revenue received from fees paid
for concealed pistol license (CPL) applications for fiscal year
2013-2014 and the uses of that revenue.
(b) The department's fiscal year 2013-2014 costs for
administering their responsibilities under sections 4, 5, 5a, 5b,
5c, 5d, 5e, 5m, 6, 6a, and 8 of 1927 PA 372, MCL 28.424, 28.425,
28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425m, 28.426,
28.426a, and 28.428, itemized under each section and not including
costs related to the administration of other sections of this
statute, other state statutes, or requirements of federal law.
(c) An itemization of the fiscal year 2013-2014 revenue,
source of revenue, expenditures, purpose of expenditures, and
amount remaining at the end of fiscal year 2013-2014 for the
concealed weapon enforcement fund created under section 5v of 1927
PA 372, MCL 28.425v.
(15) The department shall maintain the staffing and resources
necessary to exercise the authority, powers, functions, and
responsibilities concerning the registration of sex offenders in
accordance with the following program authorities:
(a) Sex offenders registration act, 1994 PA 295, MCL 28.721 to
28.736.
(b) The sex offender registration and notification act, 42 USC
16901 to 16962.
(c) 28 CFR part 72.
(d) Guidelines interpreting and implementing the sex offender
registration and notification act approved by the United States
attorney general pursuant to 42 USC 16912 on July 2, 2008 and
January 11, 2009.
(16) The department shall provide the following information as
provided in section 219:
(a) The total number of active registered sex offenders in the
law enforcement sex offender database, by offense tier level and
incarceration status.
(b) The total number of active registered sex offenders in the
public sex offender registry, by offense tier level and
incarceration status.
(17) The sex offender registry unit shall follow up on tips
assigned to law enforcement agencies within 10 working days.
SCIENTIFIC ANALYSIS AND IDENTIFICATION – LABORATORY OPERATIONS
Sec. 412. (1) The department shall maintain the staffing and
resources necessary to exercise the authority, powers, functions,
and responsibilities concerning the operation of the department's
forensic laboratories, including the examination and analysis of
drugs, latent prints, firearms, tool marks, explosives, questioned
documents, serological and toxicological samples, the processing of
major crime and disaster scenes, and the provision of expert
testimony in criminal court cases, to aid in criminal
investigations, as provided under the following program
authorities:
(a) The forensic laboratory funding act, 1994 PA 35, MCL
12.201 to 12.211.
(b) Section 625a of the Michigan vehicle code, 1949 PA 300,
MCL 257.625a, section 190 of 1945 PA 327, MCL 259.190, and R
325.2671 to R 325.2675 of the Michigan administrative code.
(c) The Paul Coverdell national sciences improvement act of
2000, 42 USC 3797j to 3797o, to the extent federal grant assistance
is received.
(2) The department shall ensure its ability to maintain
accreditation by the American society of crime laboratory
directors/laboratory accreditation board (ASCLD/LAB), or other
federally designated accrediting agency, as provided under 42 USC
14132.
(3) The department shall provide forensic science services
with an average turnaround time of 55 days, assuming an annual
caseload volume commensurate with that received in fiscal year
2012-2013, and shall achieve a goal of a 30-day average turnaround
time across all forensic science disciplines by December 31, 2016.
(4) The department shall provide the following data as
provided in section 219:
(a) The average turnaround time for processing forensic
evidence across all disciplines.
(b) Forensic laboratory staffing levels, including scientists
in training, and vacancies.
(c) The number of backlogged cases in each discipline.
(5) The department shall maintain the staffing and resources
necessary to provide lab operations services with a goal of
decreasing firearms backlog by 20% per year until eliminated,
assuming an annual caseload volume of 5,200 cases received.
(6) The department shall maintain the staffing and resources
necessary to provide lab operations services with a goal of
decreasing toxicology backlog by 15% per year until eliminated,
assuming an annual caseload volume of 20,000 cases received.
SCIENTIFIC ANALYSIS AND IDENTIFICATION – DNA ANALYSIS PROGRAM
Sec. 413. (1) The department shall maintain the staffing and
resources necessary to exercise the authority, powers, functions,
and responsibilities concerning the forensic testing of DNA
evidence and samples to cooperate with all law enforcement agencies
within the state by providing analysis of DNA for criminal
investigations as provided under the following program authorities:
(a) The DNA identification profiling system act, 1990 PA 250,
MCL 28.171 to 28.176, and R 28.5051 to R 28.5059 of the Michigan
administrative code.
(b) The DNA identification act, 42 USC 14131 to 14137c.
(c) Any applicable grant requirements pursuant to the DNA
backlog reduction grant program established by the DOJ national
institute of justice, to the extent federal funding is received
under that program.
(d) 42 USC 3796gg and 28 CFR part 90, to the extent federal
funding is received for the forensic testing and profiling of DNA
evidence.
(2) 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.
(3) The department shall maintain the staffing and resources
necessary to provide DNA analysis services with a goal of
decreasing backlogs by 15% per year until eliminated, assuming an
annual caseload volume of 10,500 cases received.
SCIENTIFIC ANALYSIS AND IDENTIFICATION – BIOMETRICS AND
IDENTIFICATION
Sec. 414. (1) The purpose of the biometrics and identification
division is to cooperate with all law enforcement agencies within
the state by providing services including the specialized use of
identification databases and technologies for the purpose of
identifying criminals. This includes the use of unique
physiological characteristics, such as fingerprints, palm prints,
and DNA. The biometrics and identification division shall house and
manage the automated fingerprint identification system (AFIS), the
statewide network of agency photographs, and combined offender DNA
index system (CODIS) biometric databases. The department shall
maintain the staffing and resources necessary to exercise the
authority, powers, functions, and responsibilities concerning
maintenance of biometrics and identification databases and
technologies in accordance with the following program authorities:
(a) 1925 PA 289, MCL 28.241 to 28.248.
(b) The C.J.I.S policy council act, 1974 PA 163, MCL 28.211 to
28.215.
(c) Executive Reorganization Order No. 2008-2, MCL 28.162.
(d) Executive Order No. 2011-7.
(e) R 28.5101 to R 28.5414 of the Michigan administrative
code.
(f) 28 USC 534 and 28 CFR part 20, to the extent necessary to
exchange criminal record information and fingerprint data through
the interstate identification index and the national fingerprint
file.
(g) The DNA identification profiling system act, 1990 PA 250,
MCL 28.171 to 28.176, and R 28.5051 to R 28.5059 of the Michigan
administrative code.
(h) The DNA identification act, 42 USC 14131 to 14137c.
(2) The department shall provide data on the number of 10-
print and palm-print submissions to the AFIS database, with a goal
of at least 97% of submissions provided electronically as provided
in section 219.
(3) The department shall maintain the staffing and resources
necessary to have a 28-day average wait time for scheduling a
polygraph examination, assuming an annual caseload received
commensurate with fiscal year 2012-2013, with a goal of achieving a
15-day average wait time.
FIELD SERVICES
GENERAL LAW ENFORCEMENT AND TRAFFIC SAFETY
Sec. 501. (1) The department shall maintain the staffing and
resources necessary to exercise the authority, powers, functions,
and responsibilities in enforcing the criminal and civil laws of
this state, including the enforcement of traffic laws, as provided
under 1935 PA 59, MCL 28.1 to 28.16.
(2) 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 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.
(3) 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.
(4) 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.
(5) 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 315,000 hours to
statewide patrol, of which a minimum of 24,000 shall be committed
to distressed cities in this state, and 4,000 shall be committed to
Belle Isle.
(6) The department shall maintain the staffing and resources
necessary to perform activities to maintain a 93% compliance rate
for reporting by registered sex offenders.
(7) The department shall submit a report on or before December
1 to the subcommittees and the senate and house fiscal agencies
regarding the secure cities initiative during the prior fiscal
year. The report shall include, but is not limited to, 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, and statistics regarding the number of local law
enforcement officers employed by the cities in distress.
SECURITY AT EVENTS
Sec. 502. The department shall respond to potential and
imminent threats to this state's facilities, systems, and property,
and large-scale recreational and major public events.
CRIMINAL INVESTIGATIONS
Sec. 503. (1) The department shall maintain the staffing and
resources necessary to identify and apprehend criminals through
criminal investigations in this state, as provided by law,
including the following authorities:
(a) 1935 PA 59, MCL 28.1 to 28.16.
(b) The Michigan gaming control and revenue act, 1996 IL 1,
MCL 432.201 to 432.226.
(2) The department shall maintain the staffing and resources
necessary to provide a comparable number of hours investigating
crimes as those performed in fiscal year 2012-2013.
(3) The department shall maintain the staffing and resources
necessary to annually meet or exceed a case clearance rate of 56%,
with the goal of achieving a 60% clearance rate by September 30,
2015.
(4) 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.
CRIMINAL INVESTIGATIONS – TOBACCO TAX FRAUD INVESTIGATIONS
Sec. 504. (1) 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.
(2) The department shall submit an annual report on December 1
to the subcommittees, the senate and house appropriations
subcommittees on general government, and the senate and house
fiscal agencies that details expenditures and activities related to
tobacco tax enforcement for the prior fiscal year.
(3) The tobacco tax enforcement unit shall dedicate a minimum
of 16,600 hours to tobacco tax enforcement.
CRIMINAL INVESTIGATIONS – FIRE INVESTIGATIONS
Sec. 505. (1) The department shall maintain the staffing and
resources necessary to provide fire investigation services to
citizens of this state through investigative assistance to local
law enforcement agencies as provided under the fire investigation
and criminal enforcement provisions under sections 6 and 7 of the
fire prevention code, 1941 PA 207, MCL 29.6 and 29.7.
(2) The department shall maintain the staffing and resources
necessary to maintain readiness to respond appropriately to at
least the number of requests for fire investigation services that
occurred in fiscal year 2010-2011 and shall be available for call
out statewide 100% of the time.
SPECIALIZED SERVICES
SPECIAL OPERATIONS
Sec. 601. (1) The department shall provide specialized
services in support of, and to enhance, local, state, and federal
law enforcement operations within this state in accordance with all
applicable state and federal laws and regulations.
(2) The department shall operate the Michigan intelligence
operation center for homeland security as the state's primary
federally designated fusion center to receive, analyze, gather, and
disseminate threat-related information among federal, state, local,
tribal, and private sector partners, as provided under Executive
Order No. 2012-5.
(3) Money privately donated to the department is appropriated
under part 1 to be used for the purposes designated by the donor of
the money, if specified.
(4) The department shall ensure public safety by providing
public and private sector partners with timely and accurate
information regarding critical information key resource threats as
reported to or discovered by the Michigan intelligence operations
center for homeland security and shall increase public awareness on
how to report suspicious activity through website or telephone
communications. 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.
(5) 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.
(6) The canine unit shall be available for call out statewide
100% of the time.
(7) The bomb squad unit shall be available for call out
statewide 100% of the time.
(8) The emergency support teams shall be available for call
out statewide 100% of the time.
(9) The underwater recovery unit shall be available for call
out statewide 100% of the time.
(10) Aviation services shall be available for call out
statewide 100% of the time, unless prohibited by weather or
unexpected mechanical breakdowns.
COMMERCIAL VEHICLE ENFORCEMENT
Sec. 602. (1) The department shall maintain the staffing and
resources necessary to exercise the authority, powers, functions,
and responsibilities concerning motor carrier safety as provided
under the following program authorities:
(a) Section 6d of 1935 PA 59, MCL 28.6d.
(b) Executive Reorganization Order No. 1982-1, MCL 28.21.
(c) The vehicle size, weight, and load requirements under
sections 716 to 750 of the Michigan vehicle code, 1949 PA 300, MCL
257.716 to 257.750, and 23 USC 127, 49 USC 31111, 49 USC 31113, and
23 CFR part 658.
(d) The size and weight enforcement certification requirements
under 23 USC 141 and 23 CFR part 657.
(e) The operating authority provisions of the motor carrier
act, 1933 PA 254, MCL 475.1 to 479.43, and R 460.18101 to R
460.19301 of the Michigan administrative code.
(f) The unified carrier registration provisions under section
7 of article IV of the motor carrier act, 1933 PA 254, MCL 487.7,
the unified carrier registration act of 2005, 49 USC 14504a, and 49
CFR 367.30.
(g) The motor carrier fuel tax act, 1980 PA 119, MCL 207.211
to 207.234.
(h) The international fuel tax agreement entered into by the
state under section 2a of the motor carrier fuel tax act, 1980 PA
119, MCL 207.212a.
(i) The motor fuel tax act, 2000 PA 403, MCL 207.1001 to
207.1170.
(j) The vehicle registration provisions of chapters II and VII
of the Michigan vehicle code, 1949 PA 300, MCL 257.201 to 257.259
and 257.801 to 257.821.
(k) The international registration plan entered into by the
state under section 801g of the Michigan vehicle code, 1949 PA 300,
MCL 257.801g.
(l) The motor carrier safety act, 1963 PA 181, MCL 480.11 to
480.25, as well as applicable federal motor carrier safety
regulations adopted by the federal motor carrier safety
administration and applicable hazardous materials regulations
adopted by the federal pipeline and hazardous materials safety
administration.
(m) The commercial driver's license provisions of chapter III
of the Michigan vehicle code, 1949 PA 300, MCL 257.301 to 257.329,
and 49 USC 31311, 49 CFR part 383, and 49 CFR part 384.
(n) Section 25 of 1951 PA 51, MCL 247.675.
(2) The department shall provide the following information, as
provided in section 219:
(a) The number of oversize violations.
(b) The number of overweight violations.
(c) The number of vehicles weighed by scale type.
(d) The number of citations and the estimated amount of civil
fines by type of overweight violation.
(3) The department shall maintain the staffing and resources
necessary to exercise the authority, powers, functions, and
responsibilities concerning commercial motor vehicle safety
inspections to the extent the department receives funding through
the following federal programs:
(a) The federal motor carrier safety assistance program, as
authorized under 49 USC 31102 and 49 CFR part 350.
(b) The border enforcement grant program established under 49
USC 31107.
(c) The new entrant safety assurance program established under
section 32102 of the moving ahead for progress in the 21st century
act, 49 USC 31144(g), 49 CFR 350.21, and 49 CFR part 385 subpart D.
(4) The department shall provide the following information as
provided under section 219:
(a) The number of completed inspections supported with border
enforcement grant funds.
(b) The number of new entrant safety audits completed.
(5) The department shall maintain the staffing and resources
necessary to annually inspect at least 57,000 commercial vehicles.
(6) The department shall maintain the staffing and resources
necessary to exercise the authority, powers, functions, and
responsibilities concerning the inspection of school buses as
provided under the pupil transportation act, 1990 PA 187, MCL
257.1801 to 257.1877.
(7) The department shall annually provide the subcommittees
and the senate and house fiscal agencies with the following
information for each public and nonpublic school concerning the
inspection of school buses:
(a) The total number of school buses inspected.
(b) The number of inspected school buses receiving a passing
sticker.
(c) The number of inspected school buses receiving a yellow
sticker.
(d) The number of inspected school buses receiving a red
sticker.
EMERGENCY MANAGEMENT AND HOMELAND SECURITY
Sec. 606. (1) The department shall coordinate the mitigation,
preparation, response, and recovery activities of municipal,
county, state, and federal governments, and other governmental
entities, for all hazards, disasters, and emergencies, as provided
under the following authorities:
(a) The emergency management act, 1976 PA 390, MCL 30.401 to
30.421, and Executive Reorganization Order No. 1993-15, MCL 28.702.
(b) The Robert T. Stafford disaster relief and emergency
assistance act, 42 USC chapter 68, and applicable regulations
provided in title 44, chapter 1 of the code of federal regulations.
(c) Flood mitigation planning and activities, as provided
under 42 USC 4104c, 44 CFR part 78, and 44 CFR part 79.
(d) Section 101 of the implementing recommendations of the
9/11 commission act of 2007, 6 USC 605.
(e) 1945 PA 302, MCL 10.31 to 10.33.
(f) The emergency planning and community right-to-know act, 42
USC 11001 to 11050.
(g) 10 CFR part 50, Appendix E.
(h) 44 CFR part 350.
(2) The state director of emergency management may expend
money appropriated under part 1 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.
(3) In addition to the money appropriated in part 1, 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.
(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 commensurate with
the capabilities of fiscal year 2010-2011.
(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) 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. Funds shall be expended as provided under sections 18 and
19 of the emergency management act, 1976 PA 390, MCL 30.418 and
30.419, and R 30.51 to R 30.61 of the Michigan administrative code.
(8) Funds in the disaster and emergency contingency fund shall
not be expended unless the state budget director approves the
expenditure and the department and the state budget office notify
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.
(9) From the funds appropriated in part 1 for emergency
management and homeland security, $500,000.00 shall be expended to
support the urban search and rescue task force. In distributing
funds under this subsection, the department shall require the task
force to provide to the department the following information:
(a) A final year-end report providing information on all
revenue received by source and expenditures by categories, with the
funds distributed to the task force under section 703(9) of article
XVI of 2013 PA 59 discretely presented.
(b) Detail on the proposed expenditure of the funds
distributed under this subsection.
(c) A final year-end report providing information on all
revenue received by source and expenditures by categories, with the
funds distributed under this subsection discretely presented.
HIGHWAY SAFETY PLANNING
Sec. 608. (1) The department shall exercise the authority,
powers, functions, and responsibilities concerning the planning,
administration, and implementation of highway traffic safety
programs to save lives and reduce injuries on Michigan roads
through leadership, innovation, facilitation, and program support
in partnership with other public and private organizations as
provided under the following program authorities:
(a) 23 USC chapter 4 and 23 CFR part 1200.
(b) 1967 PA 213, MCL 247.841, 1941 PA 188, MCL 256.561 to
256.563, and Executive Reorganization Order No. 1969-1, MCL 28.61.
(c) Executive Reorganization Order No. 2002-5, MCL 256.571.
(d) The strategic highway safety plan provisions of 23 USC 148
and 23 CFR part 924.
(e) Section 25 of 1951 PA 51, MCL 247.675.
(2) The department shall provide for the publication of annual
traffic crash data and notify the subcommittees and the senate and
house fiscal agencies when such data are published.
HIGHWAY SAFETY PLANNING – SECONDARY ROAD PATROL PROGRAM
Sec. 610. (1) The department shall exercise the authority,
functions, powers, and responsibilities concerning the secondary
road patrol program to provide funding to county sheriff
departments to patrol secondary roads as provided in the following
program authorities:
(a) Sections 76 and 77 of 1846 RS 14, MCL 51.76 and 51.77.
(b) Executive Reorganization Order No. 1989-1, MCL 28.31.
(2) The sheriffs' duties under the secondary road patrol
program, as outlined in section 76(2) of 1846 RS 14, MCL 51.76, are
to patrol and monitor traffic violations; to enforce the criminal
laws of this state, violations of which are observed by or brought
to the attention of the sheriff's department while patrolling and
monitoring secondary roads; to investigate accidents involving
motor vehicles; and to provide emergency assistance to persons on
or near a highway or road the sheriff is patrolling and monitoring.
(3) The department shall provide the following information on
secondary road patrol activities supported by appropriations in
part 1, as provided in section 219:
(a) The number of full-time equivalent county sheriff
secondary road patrol deputies.
(b) The number of hours dedicated to patrol under the
secondary road patrol program, with an annual goal of at least
178,000 hours.
(4) The information required to be reported under subsection
(3) shall be reported for each quarter of the fiscal year. However,
the department may submit this information on a semiannual basis.
ONE-TIME APPROPRIATIONS
Sec. 701. The department shall maintain the staffing and
resources necessary to train at least 100 Michigan state police
trooper recruits.
Sec. 702. From the 1-time appropriation in part 1 for the
emergency response team vehicle replacement, the department shall
purchase 1 vehicle to support the emergency response team.
Sec. 703. The department shall maintain the staffing and
resources necessary to train at least 31 Michigan state police
motor carrier officer recruits.
Sec. 704. The 1-time appropriation in part 1 for aviation
support – helicopter purchase shall be used to provide patrol
segments in the area of the city of Detroit 5 times per week,
allowing existing secondary department helicopters to provide
similar patrol service to areas that may include the cities of
Flint, Pontiac, and Saginaw and to reduce the annual number of
occasions when requests for helicopter support were unable to be
met from the number of 72 in fiscal year 2012-2013.
Sec. 705. The 1-time appropriation in part 1 for LEIN language
conversion shall be used to update the language currently used by
LEIN to XML to allow LEIN messages to be in a more common language
that can be used to share information more easily with other
criminal justice partners.
Sec. 706. The 1-time appropriation in part 1 for electronic
warrant system shall be to provide for a statewide information
exchange system to eliminate the redundant entry of information
required to request, approve, and issue warrants for arrest,
including information exchanged with prosecutors, courts, LEIN,
criminal history databases, the state forensic laboratory, and the
state court administrative office, designed to save the time and
effort of law enforcement personnel as compared to current
procedures.
Sec. 707. The department shall provide traffic control for
events at Michigan international speedway.
Sec. 708. (1) The 1-time appropriation in part 1 for local
public safety initiative shall be used for local public safety
technology and equipment grants with a focus on school safety,
distributed as follows:
(a) Eighty percent of the 1-time appropriation in part 1 for
local public safety initiative shall be disbursed in the form of
competitive grants to K-12 schools, without bias toward public or
private educational institutions. The grants shall support the
purchase and implementation of safety-related acquisitions such as
enhanced 9-1-1 abilities, malicious call tracing, physical
deterrents, real-time location systems, emergency alert software,
other technologies, equipment, school building security
enhancements, or employee training.
(b) Twenty percent of the 1-time appropriation in part 1 for
local public safety initiative shall be disbursed in the form of
competitive grants to county sheriff departments for the purchase
of equipment, technologies, or officer training that would enhance
K-12 school safety and the departments' ability to effectively
coordinate their response to safety-related incidents at schools.
(2) The governor's council on law enforcement and reinvention
shall review applications and make award recommendations to the
department.
(3) The department shall report to the subcommittees any grant
award determinations made under this appropriation prior to their
issuance.
Sec. 709. The 1-time funds appropriated in part 1 for rent and
building occupancy charges – Marshall post shall be expended to buy
down a portion of the department's share of construction and
operating costs for the Marshall regional law enforcement center.
Lease terms shall be subject to a market analysis performed by the
department of technology, management, and budget to substantiate
the rental amount.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, 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
2015 consensus revenue estimating conference.
Sec. 1202. It is the intent of the legislature that, with the
resources provided within appropriations for fiscal year 2014-2015
and fiscal year 2015-2016, the following shall be achieved:
(a) State police trooper patrol hours shall increase by no
less than 9% from fiscal year 2014-2015 to fiscal year 2015-2016.
(b) Aviation patrol hours shall increase by 30% and the
helicopter acquired under fiscal year 2014-2015 appropriations
shall be used to provide patrol segments in the city of Detroit 5
times per week, allowing existing secondary department-owned
helicopters to provide similar patrol service to areas that may
include the cities of Flint, Pontiac, and Saginaw and shall reduce
the number of occasions when requests for helicopter support were
unable to be met from the number of 72 in fiscal year 2012-2013 to
lower than 50 for fiscal year 2015-2016.
(c) Motor carrier officer vehicle inspections shall increase
by no less than 12%.
(d) The conversion of LEIN language to XML shall result in an
increase in ease in the number of law enforcement partners that the
department communicates with and to maintain the ability to
exchange law enforcement information with the international justice
and public safety network.
(e) The establishment and use of the electronic warrant system
shall further increase the time and effort saved by the department
and other law enforcement agencies by eliminating the redundant
entry of information required to request, approve, and issue
warrants for arrest, including information exchanged with
prosecutor, courts, LEIN, criminal history databases, the state
forensic laboratory, and the state court administrative office.