Act No. 110

Public Acts of 1999

Approved by the Governor

July 8, 1999

Filed with the Secretary of State

July 8, 1999

EFFECTIVE DATE: July 8, 1999

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 1999

Introduced by Senators Hoffman, North, Gougeon, McManus, Steil and Goschka

ENROLLED SENATE BILL No. 371

AN ACT to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2000; 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 the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

The People of the State of Michigan enact:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of state police for the fiscal year ending September 30, 2000, 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 5.0

Full-time equated classified positions 3,591.0

GROSS APPROPRIATION $ 368,850,300

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers $ 22,307,800

ADJUSTED GROSS APPROPRIATION $ 346,542,500

Federal revenues:

Total federal revenues 32,216,400

Special revenue funds:

Total local revenues 3,479,800

Total private revenues 0

Total state restricted revenues 42,126,400

State general fund/general purpose $ 268,719,900

Sec. 102. EXECUTIVE DIRECTION

Full-time equated unclassified positions 5.0

Full-time equated classified positions 52.0

Unclassified positions $ 413,700

Executive direction--45.0 FTE positions 3,584,900

Auto theft prevention program--7.0 FTE positions 6,510,300


GROSS APPROPRIATION $ 10,508,900

Appropriated from:

Special revenue funds:

Auto theft prevention fees 6,510,300

State general fund/general purpose $ 3,998,600

Sec. 103. DEPARTMENTWIDE APPROPRIATIONS

Special maintenance and utilities $ 467,900

Rent 3,622,800

Worker's compensation 2,123,000

Fleet leasing 13,106,600

In-service training 850,000

Building occupancy charges - property management services 2,696,200

Narcotics investigation funds 265,000


GROSS APPROPRIATION $ 23,131,500

Appropriated from:

Interdepartmental grant revenues:

IDT, Michigan justice training fund 850,000

Federal revenues:

Federal narcotics investigation revenues 95,000

Special revenue funds:

Narcotics investigation revenues 170,000

State general fund/general purpose $ 22,016,500

Sec. 104. SUPPORT SERVICES

Full-time equated classified positions 132.5

Human resources--28.5 FTE positions $ 2,018,300

Management services--60.0 FTE positions 3,889,200

Training administration--44.0 FTE positions 4,592,900


GROSS APPROPRIATION $ 10,500,400

Appropriated from:

Interdepartmental grant revenues:

IDG, training academy charges 2,571,400

Special revenue funds:

Local - LEIN fees 31,900

Auto theft prevention fees 21,000

Reimbursements 10,000

Precision driving track fees 264,100

Narcotics investigation revenues 40,600

Motor carrier fees 76,300

State general fund/general purpose $ 7,485,100

Sec. 105. HIGHWAY SAFETY PLANNING

Full-time equated classified positions 26.0

State program planning and administration--14.0 FTE positions $ 1,179,900

Grants to local governments and nonprofit organizations 4,000,000

Secondary road patrol administration--1.0 FTE position 83,300

Secondary road patrol and traffic accident basic grants 5,702,100

Secondary road patrol and traffic accident enhanced grants 6,152,300

Truck safety program--2.0 FTE positions 2,969,700

Field coordination and analysis--8.0 FTE positions 1,324,600

Highway traffic safety--1.0 FTE position 2,913,800


GROSS APPROPRIATION $ 24,325,700

Appropriated from:

Federal revenues:

DOT-NHTSA, federal highway administration $ 8,853,900

Special revenue funds:

Truck driver safety fund 2,969,700

Secondary road patrol and training fund 6,152,300

State general fund/general purpose $ 6,349,800

Sec. 106. CENTRAL RECORDS

Full-time equated classified positions 78.5

Central records division--60.0 FTE positions $ 4,301,300

Criminal records improvement--1.0 FTE position 2,720,100

Traffic safety--17.5 FTE positions 1,122,700


GROSS APPROPRIATION $ 8,144,100

Appropriated from:

Interdepartmental grant revenues:

IDG-MDOS 316,300

IDG-MDOT, state trunkline fund 316,300

Federal revenues:

DOJ-BJS, national criminal history improvement program (NCHIP) 2,619,900

DOJ-BJA, drug control and system improvements, formula grants 100,200

DOT-NHTSA, federal highway administration 136,700

Special revenue funds:

Central records service fees 1,761,600

State general fund/general purpose $ 2,893,100

Sec. 107. CRIMINAL JUSTICE DATA CENTER

Full-time equated classified positions 69.0

State police - management information systems--24.5 FTE positions $ 3,149,900

Local LEIN services--23.5 FTE positions 5,135,400

Automated fingerprint identification system--21.0 FTE positions 2,779,200

Computer services 655,600


GROSS APPROPRIATION $ 11,720,100

Appropriated from:

Special revenue funds:

Local - LEIN fees 2,026,400

Local - AFIS fees 33,000

State general fund/general purpose $ 9,660,700

Sec. 108. FORENSIC SCIENCES

Full-time equated classified positions 206.0

Laboratory operations--187.0 FTE positions $ 14,884,900

DNA analysis program--19.0 FTE positions 2,235,600

Grant to city of Detroit 921,100


GROSS APPROPRIATION $ 18,041,600

Appropriated from:

Federal revenues:

DOJ-BJA, drug control and system improvement, formula grant 580,200

Special revenue funds:

Forensic science reimbursement fees 15,000

State forensic laboratory fund 455,000

State general fund/general purpose $ 16,991,400

Sec. 109. COMMISSION ON LAW ENFORCEMENT STANDARDS

Full-time equated classified positions 22.5

Standards and training--15.5 FTE positions $ 1,328,000

Community policing coordination--3.0 FTE positions 160,300

Training only to local units 659,400

Officer's survivor tuition program 50,000

Michigan justice training commission--4.0 FTE positions $ 9,010,000


GROSS APPROPRIATION $ 11,207,700

Appropriated from:

Federal revenues:

DOJ-OJP 360,000

Special revenue funds:

Secondary road patrol and training fund 659,400

Michigan justice training fund 9,010,000

State general fund/general purpose $ 1,178,300

Sec. 110. FIRE MARSHAL

Full-time equated classified positions 51.0

Fire marshal programs--44.0 FTE positions $ 3,681,400

Fire investigation training to locals 51,500

Fire fighters training council--7.0 FTE positions 984,100


GROSS APPROPRIATION $ 4,717,000

Appropriated from:

Federal revenues:

FEMA-PTED, hazardous material assistance program 50,000

DOT-RSPA, interagency hazardous materials public sector training and planning grants 50,000

Special revenue funds:

State general fund/general purpose $ 4,617,000

Sec. 111. EMERGENCY MANAGEMENT

Full-time equated classified positions 49.0

Emergency management planning and administration--18.5 FTE positions $ 1,714,000

Grants to local government 2,182,100

FEMA program assistance--13.5 FTE positions 1,874,200

Nuclear power plant emergency planning--6.0 FTE positions 1,098,600

Hazardous materials transportation--1.0 FTE position 610,900

Hazardous materials programs--10.0 FTE positions 1,616,400


GROSS APPROPRIATION $ 9,096,200

Appropriated from:

Federal revenues:

FEMA-PTED, hazardous material assistance program 4,954,100

DOT-RSPA, interagency hazardous materials public sector training and planning grants 610,900

DOJ-BJA, antiterrorism training 249,900

Special revenue funds:

Nuclear plant emergency planning reimbursement 1,098,600

Hazardous materials training center fees 1,035,000

State general fund/general purpose $ 1,147,700

Sec. 112. UNIFORM SERVICES

Full-time equated classified positions 2,059.5

Uniform services--610.0 FTE positions $ 46,597,800

Security guards--35.0 FTE positions 1,387,500

Reimbursed services 500,000

At-post troopers--1,414.5 FTE positions 103,110,500


GROSS APPROPRIATION $ 151,595,800

Appropriated from:

Interdepartmental grant revenues:

IDG-MDMB, building occupancy charges 579,300

IDG-MDOC 102,000

Federal revenues:

DOL-ETA 150,000

Special revenue funds:

Highway safety fund 6,486,900

State police service fees 500,000

State general fund/general purpose $ 143,777,600

Sec. 113. SPECIAL OPERATIONS

Full-time equated classified positions 156.5

Operational support--35.0 FTE positions $ 2,290,900

Traffic services--13.5 FTE positions 3,379,000

Aviation program--8.0 FTE positions 1,649,100

Communications--100.0 FTE positions 12,020,600


GROSS APPROPRIATION $ 19,339,600

Appropriated from:

Interdepartmental grant revenues:

IDG-MDOC, contract 61,500

Federal revenues:

DOT-NHTSA 1,935,400

Special revenue funds:

Rental of department aircraft 201,300

Drunk driving prevention and training fund 790,200

State general fund/general purpose $ 16,351,200

Sec. 114. CRIMINAL INVESTIGATIONS

Full-time equated classified positions 470.5

Criminal investigations--330.5 FTE positions $ 33,078,800

Federal anti-drug initiatives--72.0 FTE positions 7,300,200

Reimbursed services, materials, and equipment 1,696,700

Auto theft prevention--10.0 FTE positions 1,051,200

Casino gaming oversight--58.0 FTE positions 7,097,800


GROSS APPROPRIATION $ 50,224,700

Appropriated from:

Interdepartmental grant revenues:

IDT, auto theft funds 805,000

IDG-MDTR, casino gaming fees 7,097,800

IDG-MDCH, tobacco tax 609,700

Federal revenues:

Federal investigations - reimbursed services 308,200

DOJ-BJA, drug control and system improvement, formula grants 7,160,300

DOJ-BJS 475,000

Federal narcotics investigation revenues 371,500

Special revenue funds:

Local - reimbursed services 1,388,500

Narcotics investigation revenues 508,600

Forfeiture funds 269,500

Licensing fees 415,400

State general fund/general purpose $ 30,815,200

Sec. 115. MOTOR CARRIER ENFORCEMENT

Full-time equated classified positions 218.0

Motor carrier enforcement--135.0 FTE positions $ 9,855,100

Truck safety enforcement team operations--15.0 FTE positions 1,170,800

Safety inspections--45.5 FTE positions 3,012,500

School bus inspections--16.0 FTE positions 1,437,700

Safety projects--6.5 FTE positions 820,900


GROSS APPROPRIATION $ 16,297,000

Appropriated from:

Interdepartmental grant revenues:

IDT, truck safety fund 1,234,600

IDG-MDOT, state trunkline fund 7,763,900

Federal revenues:

DOT-NHTSA, federal highway administration 3,155,200

Special revenue funds:

Motor carrier fees 2,705,600

State general fund/general purpose $ 1,437,700

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS


Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 1999-2000 is estimated at $310,846,300.00 in this act and state spending paid to local units of government for fiscal year 1999-2000 is estimated at $19,384,100.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:

DEPARTMENT OF STATE POLICE

OFFICE OF HIGHWAY SAFETY PLANNING

Secondary road patrol and traffic accident basic grants $ 5,702,100

Secondary road patrol and traffic accident enhanced grants 6,152,300

FORENSIC SCIENCES

Grant to city of Detroit $ 921,100

COMMISSION ON LAW ENFORCEMENT STANDARDS

Training only to local units $ 659,400

Michigan justice training commission 5,624,700

FIRE MARSHAL

Fire fighters training council $ 273,000

Fire investigation training for locals 51,500


Total $ 19,384,100

(2) If it appears to the principal executive officer of the department or branch that state spending to local units of government will be less than the amount that was projected to be expended under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director, the senate and house appropriations committees, and the senate and house fiscal agencies.

Sec. 202. The appropriations made and the expenditures authorized under this act and the departments, agencies, commissions, boards, offices, and programs for which an appropriation is made under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 204. A department or agency billed by the department of civil service for the 1% charge authorized by section5 of article XI of the state constitution of 1963 by the end of the first fiscal quarter shall pay the total amount of the billing by the end of the second fiscal quarter.

Sec. 205. As used in this act:

(a) "AFIS" means the automated fingerprint identification system.

(b) "COLES" means the commission on law enforcement standards.

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

(d) "DNA" means deoxyribonucleic acid.

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

(f) "DOJ-BJA" means the DOJ bureau of justice assistance.

(g) "DOJ-BJS" means the United States DOJ bureau of justice statistics.

(h) "DOJ-OJP" means the DOJ office of justice programs.

(i) "DOL" means the United States department of labor.

(j) "DOL-ETA" means the DOL employment and training administration.

(k) "DOT" means the United States department of transportation.

(l) "DOT-NHTSA" means DOT national highway traffic safety administration.

(m) "DOT-FHWA" means the DOT federal highway administration.

(n) "DOT-RSPA" means the DOT research and special programs administration.

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

(p) "FEMA-PTED" means the FEMA preparedness, training, and exercises directorate.

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

(r) "IDG" means interdepartmental grant.

(s) "IDT" means intradepartmental transfer.

(t) "LEIN" means law enforcement information network.

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

(v) "MDMB" means the Michigan department of management and budget.

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

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

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

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

Sec. 206. It is the intent of the legislature that personnel of the department who request and are eligible for reimbursement of expenses related to the operation of the department be reimbursed from the appropriations provided in this act within 30 days after submitting a request, or the eligible personnel shall be paid an additional amount equal to 0.75% of the payment due. The department shall pay an additional amount equal to 0.75% of the payment due for the first month and each succeeding month or portion of a month the payment remains past due.

Sec. 207. (1) Beginning October 1, 1999, there is a hiring freeze imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers from 1 position to another within a department or to positions that are funded 80% or more from federal or restricted money.

(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in the state department or agency being unable to deliver basic services. The state budget director shall report by the fifteenth of each month to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exclusions to the hiring freeze approved during the previous month and the reasons for the exclusions.

Sec. 208. Money appropriated in part 1 shall not be used for the purchase of foreign goods or services if competitively priced American goods or services of comparable quality are available.

Sec. 209. Of the state general fund/general purpose revenue appropriated in this act, $57,717,000.00 represents a state spending increase over the amount provided to the department of state police for the fiscal year ending September30, 1994, and may be used to meet state match requirements of programs contained in the federal violent crime control and law enforcement act of 1994, or successor grant programs, so that any additional federal money received supplements funding provided to the department of state police in this act.

Sec. 210. The department's internal auditor shall prepare a report on his or her activities during the 1998-1999 fiscal year. The report shall include a list of each audit or investigation performed pursuant to sections 486(4) and 487 of the management and budget act, 1984 PA 431, MCL 18.1486 and 18.1487. The report shall identify the time spent on each of the statutory responsibilities listed in sections 485(4), 486(4), and 487 of the management and budget act, 1984 PA431, MCL 18.1485, 18.1486, and 18.1487, and the time spent on all other activities performed in the internal audit function. The first report is due on March 1, 2000 and biennially thereafter beginning on May 1, 2001. The report shall be delivered to the governor, auditor general, the senate and house appropriations committees, the senate and house fiscal agencies, and the director.

Sec. 211. The department is authorized to receive and to expend upon receipt any federal or state forfeiture money. Each quarter, the department shall notify the state police appropriations subcommittees of the house and senate and the house and senate fiscal agencies of the receipt of any federal or state forfeiture money.

Sec. 212. Any law enforcement entity receiving GF/GP funds from this act shall not evaluate an employee or consider an employee for promotion or assignment on the basis of motor vehicle citations issued.

Sec. 213. Money appropriated under this act shall be used to establish a sex offenders registry website on the Internet. The website shall be capable of being linked to and immediately be accessible from the websites of public officials, including legislators. The sex offenders registry website shall contain a listing of all those persons in the state convicted of a sex offense and required to be registered with the state under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.732. Persons listed on the sex offenders registry website shall have information listed about them including, but not limited to, their name, aliases, date of birth, address, physical description, including a photograph, and a list of sex offenses of which they were convicted.

Sec. 214. (1) It is the intent of the legislature that the department shall not provide any subsidy for contractual services it provides.

(2) When the department provides contractual services to a local unit of government, the department shall be reimbursed for all costs incurred in providing the services, including, but not limited to, retirement and overtime costs.

(3) Contractual services provided to an entity other than a local unit of government may be provided by department personnel, but only on an overtime basis outside the normal work schedule of the personnel.

(4) This section does not apply to state agencies.

Sec. 215. (1) The director 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.

(2) The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.

Sec. 216. (1) The department shall submit to the department of management and budget, the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees with jurisdiction over technology issues, quarterly reports on the department's efforts to change the department's computer software and hardware as necessary to perform properly in the year 2000 and beyond. These reports shall identify actual progress in comparison to the department's approved work plan for these efforts.

(2) Beginning with the report on April 1, 2000, the department shall submit to the department of management and budget, the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the senate and house standing committees having jurisdiction over technology issues quarterly reports identifying for the immediately preceding quarter any problems with information systems, any occurrences of information system failure as a result of noncompliance with year 2000 standards, and any previously unidentified area of impact. These reports shall identify all systems needing corrective action and the contractual obligations of all accountable parties. These reports shall give the status of the progress made in repairing and testing applications, the status of all vendor-supplied solutions to problems, information on the activation of manual or contract processes used to correct problems, and an itemization of the additional costs incurred.

(3) The department may present progress billings to the department of management and budget for the costs incurred in changing computer software and hardware as necessary to perform properly in the year 2000 and beyond and for the costs of corrective action. At the time progress billings are presented for reimbursement, the department shall identify the funding sources that should support the work performed, and the department of management and budget shall forward the appropriate funding.

Sec. 218. In conjunction with the department of transportation, the department of state police shall develop plans for the maintenance, scheduling, and use of all state-owned aircraft. It is the intent of the legislature that these plans maximize the safe and cost-efficient use of the state transportation air fleet. The department shall prepare a joint report, coordinated by the department of transportation, on the development of these plans.

Sec. 220. Sixty days prior to beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.

Sec. 221. The department shall create and retain copies of reports for all money appropriated under section 101.

Sec. 222. All reports required in this act shall be made available to the public primarily through Internet access, unless a printed version is requested. The department shall provide electronic notification to all legislative offices for specific reports requested by the legislature.

Sec. 223. Not later than March 15, 2000 and September 30, 2000, the department shall report to the state police appropriations subcommittees of the house and senate and the house and senate fiscal agencies. The report shall contain the following information regarding the department's activities related to casino gaming oversight:

(a) The amount of money received and expended.

(b) The nature and structure of the casino gaming oversight unit.

(c) The positions and classifications of employees assigned.

(d) The number of full-time and part-time employees and the aggregate number of FTEs.

(e) The number of enlisted and civilian positions.

(f) The duties and responsibilities of the assigned employees.

(g) The immediate past position of the enlisted employees assigned.

Sec. 224. The department shall prepare a report on the costs of processing the fingerprints of concealed weapon license applicants. The department shall submit the report to the house and senate appropriations subcommittees on state police/military and veterans affairs and the house and senate fiscal agencies by February 1, 2000.

FIRE MARSHAL


Sec. 301. (1) The department shall prepare a detailed report and deliver it to the senate and house subcommittees on the state police not later than May 15, 2000.

(2) The report shall contain input from a delegate appointed from and by the following organizations:

(a) Michigan fire chiefs association.

(b) Michigan state fireman's association.

(c) Michigan firefighter's union.

(d) Michigan fire service instructors association.

(e) Michigan fire inspectors society.

(f) Michigan chapter of the international association of arson investigators.

(3) The report shall contain information about the quality and adequacy of service from the state fire investigation, education, and training under the proposed reorganization of the fire marshal division responsibilities. The report shall be based on the performance of the fire marshal division in the performance of its fire safety duties during the first 6 months of fiscal year 1999-2000.

HIGHWAY SAFETY PLANNING


Sec. 401. In addition to the money appropriated in section 105 and section 109, the department may receive and expend state restricted funds for the support of the secondary road patrol and traffic accident enhanced grants program and training to local units in accordance with section 629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e. Expenditures for the support of the secondary road patrol and traffic accident enhanced grants and training to local units program shall not exceed revenues received.

CRIMINAL JUSTICE DATA CENTER


Sec. 501. The money appropriated in section 107 for computer services shall be funded by LEIN user fees sufficient to pay 1/3 of the service and contract maintenance costs of the LEIN mainframe computer system.

Sec. 503. A portion of the funds appropriated in section 107 for the criminal justice data center shall be used by the department to produce a written report detailing departmental policies regarding access to and use of information from the law enforcement information network. The report shall include a description of departmental measures to protect the security of information in the law enforcement information network including safeguards that would prevent unauthorized persons from obtaining information from the law enforcement information network. The department shall deliver a copy of this report to the senate and house appropriations committees no later than April 1, 2000.

Sec. 504. The criminal justice information systems policy council shall encourage members of the law enforcement agencies in the state to be sensitive to, and note when necessary, activities or circumstances that may suggest the unauthorized access or misuse of information from the law enforcement information network. The criminal justice information systems policy council shall advise LEIN auditors, as a part of their audit of law enforcement agencies, to investigate in depth all suspected incidents of improper access or improper use of information from the law enforcement information network and determine whether or not those incidents were illegal. In those incidents which may be determined to be illegal, the executive secretary for the council shall determine whether those incidents were of a negligent or criminal nature. When an incident is determined to be an illegal act, the council shall inform the chairs of both the senate and house appropriations committees.

FORENSIC SCIENCES


Sec. 601. It is the intent of the legislature that the grant to the city of Detroit under section 108 be allocated by the city to supplement the city's appropriations for the Detroit crime lab and the Detroit police special events account.

Sec. 602. (1) The department shall distribute a copy of the department's protocol for retaining and purging DNA analysis samples and records to each police agency in this state.

(2) The department shall report to the house and senate appropriations subcommittees on state police and the house and senate fiscal agencies whenever any changes to the department's DNA protocol are made.

COMMISSION ON LAW ENFORCEMENT STANDARDS


Sec. 701. The money appropriated to the COLES for maintenance and delivery of training to locals is provided in accordance with a state reimbursement policy in which 100% of the determined state reimbursement rate shall be distributed upon certification by the COLES.

Sec. 702. The money appropriated in section 109 for community policing coordination shall be used by the department to work in conjunction with local criminal justice agencies to identify appropriate curriculum to support community policing. The department shall work as a coordinator to deliver community policing training.

EMERGENCY MANAGEMENT


Sec. 801. (1) The state director of emergency management may expend money appropriated under this act to call upon any agency or department of the state or any resource of the state to protect life or property or to provide for the health or safety of the population in any area of the state in which the governor proclaims a state of emergency or state of disaster under 1945 PA 302, MCL 10.31 to 10.33, or under the emergency management act, 1976 PA 390, MCL 30.401 to 30.420. The state director of emergency management may expend the amounts the director considers necessary to accomplish these purposes. The director shall submit to the state budget director as soon as possible a complete report of all actions taken under the authority of this section. The report shall contain, as a separate item, a statement of all money expended that is not reimbursable from federal money. The state budget director shall review the expenditures and submit recommendations to the legislature in regard to any possible need for a supplemental appropriation.

(2) In addition to the money appropriated in this act, the department may receive and expend money from local, private, federal, or state sources for the purpose of providing emergency management training to local or private interests and for the purpose of supporting emergency preparedness, response, recovery, and mitigation activity.

UNIFORM SERVICES


Sec. 901. The department shall not expend any portion of the money appropriated in this act, including any expenditure made under an executive order, to plan for or to implement a roadblock or check lane system that has as its primary objective the deterrence or detection of intoxicated drivers in this state.

Sec. 902. It is the intent of the legislature that the department maintain the maximum number of troopers on the road from the available money appropriated in this act.

Sec. 903. State police enlisted personnel who are employed to enforce traffic laws as provided in section 629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited from responding to crimes in progress or other emergency situations, and are responsible for protecting every citizen of this state from harm.

SPECIAL OPERATIONS


Sec. 1001. (1) Money appropriated under section 113 for the Michigan public safety communications system shall be expended upon approval of an expenditure plan by the state budget director.

(2) The department of state police shall assess all subscribers of the Michigan public safety communications system reasonable access and maintenance fees.

(3) All money received by the department of state police under this section shall be deposited to the state general fund pursuant to section 443 of the management and budget act, 1984 PA 431, MCL 18.1443.

(4) The department of state police shall provide a report to the house and senate appropriations committees, house and senate fiscal agencies, and the state budget director on April 15, 2000, and on October 15, 2000, indicating the amount of revenue collected under this section and deposited to the state general fund for the immediately preceding 6-month period.

Sec. 1002. In addition to the appropriations in section 113 to the department of state police for the aviation program, the department is authorized to sell its aircraft and the proceeds from the sale are appropriated and may be applied to the renovation cost of replacement aircraft.

CRIMINAL INVESTIGATIONS


Sec. 1101. (1) There is sufficient money appropriated in section 113 to criminal investigations to ensure that the citizens in a service area of any state police post in the vicinity of a state prison do not experience a downgrading of state police services in their area. Criminal investigations shall be available by temporary or permanent assignment of a detective when either a temporary or permanent prison facility is opened.

(2) If the department is unable to comply with subsection (1) and there is a prison scheduled to open, the department shall provide troopers to serve as investigators on an interim basis.

Sec. 1102. In addition to the money appropriated in part 1, the department may receive and expend state restricted funds for the support of the private security guard licensure program. Expenditures for the support of the private security guard licensure program shall not exceed revenues received.

Sec. 1103. (1) It is the intent of the legislature that the department of state police explore the feasibility of establishing an Internet crime unit within criminal investigations.

(2) The department shall report its findings to the appropriations subcommittees on state police/military and veterans affairs on or before January 15, 2000.

MOTOR CARRIER ENFORCEMENT


Sec. 1201. The appropriation in section 115 for school bus inspections shall be used by the department of state police to inspect each school bus and pupil transportation vehicle annually, as required under section 715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil transportation act, 1990 PA 187, MCL 257.1839.

Sec. 1202. During such time when a state weigh station is closed, the sign denoting its closure shall include a statement informing the public that weight and safety enforcement is being maintained by motor carrier officers on mobile patrol.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.