HB-5526, As Passed House, March 30, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 5526
A bill to make appropriations for the department of state police
and certain other state purposes for the fiscal year ending
September 30, 2005; 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; 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:
1 PART 1
2 LINE-ITEM APPROPRIATIONS
3 Sec. 101. Subject to the conditions set forth in this act, the
4 amounts listed in this part are appropriated for the department of
5 state police for the fiscal year ending September 30, 2005, from the
6 funds indicated in this part. The following is a summary of the
1 appropriations in this part:
2 DEPARTMENT OF STATE POLICE
3 APPROPRIATION SUMMARY:
4 Full-time equated unclassified positions........3.0
5 Full-time equated classified positions......2,948.0
6 GROSS APPROPRIATION................................. $ 476,924,200
7 Interdepartmental grant revenues:
8 Total interdepartmental grants and intradepartmental
9 transfers......................................... 19,916,800
10 ADJUSTED GROSS APPROPRIATION........................ $ 457,007,400
11 Federal revenues:
12 Total federal revenues.............................. 106,255,100
13 Special revenue funds:
14 Total local revenues................................ 4,681,100
15 Total private revenues.............................. 10,700
16 Total other state restricted revenues............... 100,602,000
17 State general fund/general purpose.................. $ 245,458,500
18 Sec. 102. EXECUTIVE DIRECTION
19 Full-time equated unclassified positions........3.0
20 Full-time equated classified positions.........39.0
21 Unclassified positions.............................. $ 238,300
22 Executive direction--34.0 FTE positions............. 3,477,700
23 Auto theft prevention program--5.0 FTE positions.... 7,098,600
24 GROSS APPROPRIATION................................. $ 10,814,600
25 Appropriated from:
26 Special revenue funds:
27 Auto theft prevention fund.......................... 7,098,600
1 State general fund/general purpose.................. $ 3,716,000
2 Sec. 103. DEPARTMENTWIDE APPROPRIATIONS
3 Special maintenance and utilities................... $ 479,400
4 Rent and building occupancy charges................. 7,388,400
5 Worker's compensation............................... 2,995,000
6 Fleet leasing....................................... 14,119,200
7 In-service training................................. 850,000
8 Narcotics investigation funds....................... 265,000
9 GROSS APPROPRIATION................................. $ 26,097,000
10 Appropriated from:
11 Interdepartmental grant revenues:
12 IDT, Michigan justice training fund................. 850,000
13 IDG, training academy............................... 208,600
14 Federal revenues:
15 DOJ................................................. 37,000
16 DOT................................................. 18,500
17 DHS................................................. 8,500
18 Federal narcotics investigation revenues............ 95,000
19 Special revenue funds:
20 Forensic science reimbusement fees.................. 74,100
21 State forensic laboratory fund...................... 74,100
22 Criminal justice information center service fees.... 109,500
23 Secondary road patrol and training fund............. 2,400
24 Hazardous materials training center fees............ 60,100
25 Michigan justice training fund...................... 4,800
26 Motor carrier fees.................................. 5,500
27 Highway safety fund................................. 5,900
1 Traffic law enforcement and safety fund............. 11,600
2 Narcotics investigation revenues.................... 170,000
3 State general fund/general purpose.................. $ 24,361,400
4 Sec. 104. SUPPORT SERVICES
5 Full-time equated classified positions........132.0
6 Human resources--29.0 FTE positions................. $ 2,177,200
7 Human resources optimization user charges........... 88,600
8 Management services--50.0 FTE positions............. 3,693,300
9 Training administration--41.0 FTE positions......... 4,756,600
10 Communications--12.0 FTE positions.................. 4,665,100
11 GROSS APPROPRIATION................................. $ 15,380,800
12 Appropriated from:
13 Interdepartmental grant revenues:
14 IDT, truck safety fund.............................. 4,300
15 IDT, auto theft funds............................... 23,000
16 IDG-MDOT, state trunkline fund...................... 30,000
17 IDG, training academy charges....................... 2,899,000
18 IDG-MDTR, casino fees............................... 29,000
19 Special revenue funds:
20 Local - LEIN fees................................... 34,900
21 Highway safety fund................................. 123,500
22 Auto theft prevention fund.......................... 4,300
23 Precision driving track fees........................ 280,800
24 Traffic law enforcement and safety fund............. 213,500
25 Motor carrier fees.................................. 136,800
26 Nuclear plant emergency planning reimbursement...... 3,100
27 State general fund/general purpose.................. $ 11,598,600
1 Sec. 105. HIGHWAY SAFETY PLANNING
2 Full-time equated classified positions.........26.0
3 State program planning and administration--14.0 FTE
4 positions......................................... $ 1,147,900
5 Grants to local governments and nonprofit
6 organizations..................................... 4,500,000
7 Secondary road patrol program--2.0 FTE positions.... 14,012,100
8 Truck safety program--2.0 FTE positions............. 2,987,400
9 Highway traffic safety coordination--8.0 FTE
10 positions......................................... 5,990,400
11 GROSS APPROPRIATION................................. $ 28,637,800
12 Appropriated from:
13 Federal revenues:
14 DOT................................................. 10,555,600
15 DOJ................................................. 563,800
16 Special revenue funds:
17 Truck driver safety fund............................ 2,987,400
18 Secondary road patrol and training fund............. 14,012,100
19 State general fund/general purpose.................. $ 518,900
20 Sec. 106. CRIMINAL JUSTICE INFORMATION CENTER
21 Full-time equated classified positions........100.0
22 Criminal justice information center division--83.0
23 FTE positions..................................... $ 7,547,700
24 Criminal records improvement--1.0 FTE positions..... 4,730,500
25 Traffic safety--16.0 FTE positions.................. 1,539,100
26 GROSS APPROPRIATION................................. $ 13,817,300
27 Appropriated from:
1 Interdepartmental grant revenues:
2 IDG-MDOS............................................ 325,900
3 IDG-MDOT, state trunkline fund...................... 347,500
4 Federal revenues:
5 DOJ................................................. 4,730,500
6 DOT................................................. 400,400
7 Special revenue funds:
8 Criminal justice information center service fees.... 6,201,300
9 State general fund/general purpose.................. $ 1,811,700
10 Sec. 107. FORENSIC SCIENCES
11 Full-time equated classified positions........209.0
12 Laboratory operations--177.0 FTE positions.......... $ 17,783,700
13 DNA analysis program--32.0 FTE positions............ 8,536,500
14 GROSS APPROPRIATION................................. $ 26,320,200
15 Appropriated from:
16 Federal revenues:
17 DOJ................................................. 3,514,600
18 Special revenue funds:
19 Forensic science reimbursement fees................. 1,659,400
20 State forensic laboratory fund...................... 1,617,400
21 State general fund/general purpose.................. $ 19,528,800
22 Sec. 108. MICHIGAN COMMISSION ON LAW ENFORCEMENT
23 STANDARDS
24 Full-time equated classified positions.........28.0
25 Standards and training--22.0 FTE positions.......... $ 2,235,100
26 Training only to local units--2.0 FTE positions..... 827,700
27 Concealed weapons enforcement training.............. 140,000
1 Officer's survivor tuition program.................. 48,800
2 Public safety officers benefit program.............. 150,000
3 Justice training grants--4.0 FTE positions.......... 9,054,700
4 GROSS APPROPRIATION................................. $ 12,456,300
5 Appropriated from:
6 Federal revenues:
7 DOJ................................................. 375,200
8 Special revenue funds:
9 Secondary road patrol and training fund............. 827,700
10 Concealed weapons enforcement fee................... 140,000
11 Michigan justice training fund...................... 9,054,700
12 Licensing fees...................................... 51,900
13 State general fund/general purpose.................. $ 2,006,800
14 Sec. 109. FIRE INVESTIGATION
15 Full-time equated classified positions.........29.0
16 Fire investigation--29.0 FTE positions.............. $ 3,564,600
17 Fire investigation training to locals............... 50,500
18 GROSS APPROPRIATION................................. $ 3,615,100
19 Appropriated from:
20 Federal revenues:
21 State general fund/general purpose.................. $ 3,615,100
22 Sec. 110. EMERGENCY MANAGEMENT
23 Full-time equated classified positions.........69.0
24 Emergency management planning and
25 administration--52.0 FTE positions................ $ 3,997,150
26 Grants to local government.......................... 2,482,100
27 FEMA program assistance--3.0 FTE positions.......... 983,000
1 Nuclear power plant emergency planning--6.0 FTE
2 positions......................................... 1,236,200
3 Hazardous materials transportation--1.0 FTE
4 positions......................................... 580,600
5 Hazardous materials programs--7.0 FTE positions..... 61,648,650
6 GROSS APPROPRIATION................................. $ 70,927,700
7 Appropriated from:
8 Federal revenues:
9 FEMA................................................ 6,079,000
10 DOT................................................. 580,600
11 DOJ................................................. 59,968,500
12 Special revenue funds:
13 Nuclear plant emergency planning reimbursement...... 1,236,200
14 Hazardous materials training center fees............ 1,347,500
15 State general fund/general purpose.................. $ 1,715,900
16 Sec. 111. UNIFORM SERVICES
17 Full-time equated classified positions......1,684.0
18 Uniform services--525.0 FTE positions............... $ 47,825,400
19 Commercial mobile radio service projects............ 800,000
20 Security guards--15.0 FTE positions................. 950,900
21 Reimbursed services................................. 2,126,900
22 At-post troopers--1,144.0 FTE positions............. 117,746,900
23 GROSS APPROPRIATION................................. $ 169,450,100
24 Appropriated from:
25 Interdepartmental grant revenues:
26 IDG-MDMB, building occupancy charges................ 592,600
27 IDG-MDTR emergency telephone fund operations........ 400,000
1 IDG-MDTR emergency telephone fund coordinator....... 400,000
2 Federal revenues:
3 DOJ................................................. 1,622,900
4 Special revenue funds:
5 Narcotics investigation revenues.................... 44,000
6 Highway safety fund................................. 14,738,900
7 State police service fees........................... 2,126,900
8 Traffic enforcement and safety fund................. 30,170,500
9 State general fund/general purpose.................. $ 119,354,300
10 Sec. 112. SPECIAL OPERATIONS
11 Full-time equated classified positions.........49.0
12 Operational support--34.0 FTE positions............. $ 2,898,300
13 Traffic services--10.0 FTE positions................ 3,335,100
14 Aviation program--5.0 FTE positions................. 1,500,200
15 GROSS APPROPRIATION................................. $ 7,733,600
16 Appropriated from:
17 Interdepartmental grant revenues:
18 IDG-MDOC, contract.................................. 83,400
19 Federal revenues:
20 DOT................................................. 1,619,300
21 Special revenue funds:
22 Private donations................................... 10,700
23 Rental of department aircraft....................... 165,400
24 Drunk driving prevention and training fund.......... 1,053,100
25 State general fund/general purpose.................. $ 4,801,700
26 Sec. 113. CRIMINAL INVESTIGATIONS
27 Full-time equated classified positions........383.0
1 Criminal investigations--280.0 FTE positions........ $ 32,646,700
2 Federal antidrug initiatives--62.0 FTE positions.... 10,519,700
3 Reimbursed services, materials, and equipment....... 2,570,200
4 Auto theft prevention--9.0 FTE positions............ 1,474,500
5 Casino gaming oversight--32.0 FTE positions......... 3,812,000
6 GROSS APPROPRIATION................................. $ 51,023,100
7 Appropriated from:
8 Interdepartmental grant revenues:
9 IDT, auto theft funds............................... 1,194,300
10 IDG-MDTR, casino gaming fees........................ 3,812,000
11 IDG-MDCH, tobacco tax............................... 610,000
12 Federal revenues:
13 Federal investigations - reimbursed services........ 730,300
14 DOJ................................................. 7,908,900
15 Federal narcotics investigation revenues............ 409,500
16 Special revenue funds:
17 Local - reimbursed services......................... 1,839,900
18 Narcotics investigation revenues.................... 567,600
19 Forfeiture funds.................................... 352,000
20 State general fund/general purpose.................. $ 33,598,600
21 Sec. 114. MOTOR CARRIER ENFORCEMENT
22 Full-time equated classified positions........200.0
23 Motor carrier enforcement--122.0 FTE positions...... $ 9,219,900
24 Truck safety enforcement team operations--15.0 FTE
25 positions......................................... 1,183,000
26 Safety inspections--43.0 FTE positions.............. 7,252,300
27 School bus inspections--16.0 FTE positions.......... 1,203,700
1 Safety projects--4.0 FTE positions.................. 177,300
2 GROSS APPROPRIATION................................. $ 19,036,200
3 Appropriated from:
4 Interdepartmental grant revenues:
5 IDT, truck safety fund.............................. 1,183,000
6 IDG-MDOT, state trunkline fund...................... 6,816,000
7 Federal revenues:
8 DOT................................................. 5,979,100
9 Special revenue funds:
10 Motor carrier fees.................................. 3,854,400
11 State general fund/general purpose.................. $ 1,203,700
12 Sec. 115. INFORMATION TECHNOLOGY
13 Information technology services and projects........ $ 21,614,400
14 GROSS APPROPRIATION................................. $ 21,614,400
15 Appropriated from:
16 Interdepartmental grant revenues:
17 IDT-MDTR, casino gaming fees........................ 75,000
18 IDG-MDOT, state trunkline fund...................... 33,200
19 Federal revenues:
20 DOT................................................. 1,057,900
21 Special revenue funds:
22 Local - LEIN fees................................... 2,771,400
23 Local - AFIS fees................................... 34,900
24 Motor carrier fees.................................. 15,000
25 State general fund/general purpose.................. $ 17,627,000
1 PART 2
2 PROVISIONS CONCERNING APPROPRIATIONS
3 GENERAL SECTIONS
4 Sec. 201. Pursuant to section 30 of article IX of the state
5 constitution of 1963, total state spending from state resources under
6 part 1 for fiscal year 2004-2005 is $346,060,500.00 and state spending
7 from state resources to be paid to local units of government for
8 fiscal year 2004-2005 is $20,107,800.00. The itemized statement below
9 identifies appropriations from which spending to units of local
10 government will occur:
11 DEPARTMENT OF STATE POLICE
12 OFFICE OF HIGHWAY SAFETY PLANNING
13 Secondary road patrol program....................... $ 13,872,000
14 COMMISSION ON LAW ENFORCEMENT STANDARDS
15 Training only to local units........................ $ 647,200
16 Justice training grants............................. 5,538,100
17 FIRE INVESTIGATION
18 Fire investigation training for locals.............. $ 50,500
19 Total............................................... $ 20,107,800
20 Sec. 202. The appropriations authorized under this act are
21 subject to the management and budget act, 1984 PA 431, MCL 18.1101 to
22 18.1594.
23 Sec. 203. As used in this act:
24 (a) "AFIS" means the automated fingerprint identification system.
25 (b) "Department" means the department of state police.
26 (c) "DHS" means the United States department of homeland security.
27 (d) "DNA" means deoxyribonucleic acid.
1 (e) "DOJ" means the United States department of justice.
2 (f) "DOT" means the United States department of transportation.
3 (g) "FEMA" means the federal emergency management agency.
4 (h) "FTE" means full-time equated.
5 (i) "IDG" means interdepartmental grant.
6 (j) "IDT" means intradepartmental transfer.
7 (k) "LEIN" means law enforcement information network.
8 (l) "MCOLES" means the Michigan commission on law enforcement
9 standards.
10 (m) "MDCH" means the Michigan department of community health.
11 (n) "MDMB" means the Michigan department of management and budget.
12 (o) "MDOC" means the Michigan department of corrections.
13 (p) "MDOS" means the Michigan department of state.
14 (q) "MDOT" means the Michigan department of transportation.
15 (r) "MDTR" means the Michigan department of treasury.
16 Sec. 204. The department of civil service shall bill the
17 department at the end of the first fiscal quarter for the 1% charge
18 authorized by section 5 of article XI of the state constitution of
19 1963. Payments shall be made for the total amount of the billing by
20 the end of the second fiscal quarter.
21 Sec. 205. (1) Beginning October 1, a hiring freeze is imposed on
22 the state classified civil service. State departments and agencies
23 are prohibited from hiring any new full-time state classified civil
24 service employees and prohibited from filling any vacant state
25 classified civil service positions. This hiring freeze does not apply
26 to internal transfers of classified employees from 1 position to
27 another within a department.
1 (2) The state budget director shall grant exceptions to this
2 hiring freeze when the state budget director believes that the hiring
3 freeze will result in rendering a state department or agency unable to
4 deliver basic services, cause loss of revenue to the state, result in
5 the inability of the state to receive federal funds, or necessitate
6 additional expenditures that exceed any savings from maintaining a
7 vacancy. The state budget director shall report by the last business
8 day of each month to the chairpersons of the senate and house of
9 representatives standing committees on appropriations the number of
10 exceptions to the hiring freeze approved during the previous month and
11 the justification for the exception.
12 Sec. 207. At least 60 days before beginning any effort to
13 privatize, the department shall submit a complete project plan to the
14 appropriate senate and house of representatives appropriations
15 subcommittees and the senate and house fiscal agencies. The plan
16 shall include the criteria under which the privatization initiative
17 will be evaluated. The evaluation shall be completed and submitted to
18 the appropriate senate and house of representatives appropriations
19 subcommittees and the senate and house fiscal agencies within 30
20 months.
21 Sec. 208. Unless otherwise specified, the department shall use
22 the Internet to fulfill the reporting requirements of this act. This
23 requirement may include transmission of reports via electronic mail to
24 the recipients identified for each reporting requirement or it may
25 include placement of reports on an Internet or Intranet site.
26 Sec. 209. Funds appropriated in part 1 shall not be used for the
27 purchase of foreign goods or services, or both, if competitively
1 priced and of comparable quality American goods or services, or both,
2 are available. Preference should be given to goods and services, or
3 both, manufactured or provided by Michigan businesses, if they are
4 competitively priced and of comparable value.
5 Sec. 210. The director of each department receiving
6 appropriations in part 1 shall take all reasonable steps to ensure
7 businesses in deprived and depressed communities compete for and
8 perform contracts to provide services or supplies, or both, for the
9 department. The director shall strongly encourage firms with which
10 the department contracts to subcontract with certified businesses in
11 depressed and deprived communities for services or supplies, or both.
12 Sec. 211. It is the intent of the legislature that personnel of
13 the department who request and are eligible for reimbursement of
14 expenses related to the operation of the department be reimbursed from
15 the appropriations provided in this act within 30 days after
16 submitting a request, or the eligible personnel shall be paid an
17 additional amount equal to 0.75% of the payment due. The department
18 shall pay an additional amount equal to 0.75% of the payment due for
19 the first month and each succeeding month or portion of a month the
20 payment remains past due.
21 Sec. 212. Of the state general fund/general purpose revenue
22 appropriated in this act, $33,253,700.00 represents a state spending
23 increase over the amount provided to the department of state police
24 for the fiscal year ending September 30, 1994, and may be used to meet
25 state match requirements of programs contained in the violent crime
26 control and law enforcement act of 1994, 42 USC 13701 to 14223, or
27 successor grant programs, so that any additional federal money
1 received supplements funding provided to the department of state
2 police in this act.
3 Sec. 213. (1) It is the intent of the legislature that the
4 department shall not provide any subsidy for contractual services it
5 provides.
6 (2) When the department provides contractual services to a local
7 unit of government, the department shall be reimbursed for all costs
8 incurred in providing the services, including, but not limited to,
9 retirement and overtime costs.
10 (3) Contractual services provided to an entity other than a local
11 unit of government may be provided by department personnel, but only
12 on an overtime basis outside the normal work schedule of the
13 personnel.
14 (4) This section does not apply to state agencies.
15 Sec. 214. The departments and agencies receiving appropriations
16 in part 1 shall receive and retain copies of all reports funded from
17 appropriations in part 1. The department shall follow all federal
18 guidelines and state laws regarding short-term and long-term retention
19 of records.
20 Sec. 215. Not later than January 1, 2005, the department shall
21 report to the state police appropriations subcommittees of the house
22 and senate and the house and senate fiscal agencies. The report shall
23 contain the following information regarding the department's
24 activities related to casino gaming oversight during fiscal year
25 2003-2004:
26 (a) The amount of money received and expended.
27 (b) The nature and structure of the casino gaming oversight
1 unit.
2 (c) The positions and classifications of employees assigned.
3 (d) The number of full-time and part-time employees and the
4 aggregate number of FTEs.
5 (e) The number of enlisted and civilian positions.
6 (f) The duties and responsibilities of the assigned employees.
7 (g) The immediate past position of the enlisted employees
8 assigned.
9 Sec. 216. The department shall collect and computerize the
10 vehicle identification number (VIN) of all vehicles that are entered
11 into the state accident data collection system and make this and other
12 vehicle information available to the public at cost. For bulk access
13 to the accident records in which the VIN has been collected and
14 computerized, the department shall make those records available to the
15 public at cost, provided that the name and address have been
16 excluded.
17 Sec. 217. From the funds appropriated in part 1, the department
18 shall maintain a toll-free hotline in collaboration with the
19 department of education. The toll-free hotline shall be operated 24
20 hours per day, 7 days per week, and shall provide students, school
21 officials, and other individuals an opportunity to report specific
22 threats of imminent school violence or other suspicious or criminal
23 conduct by juveniles to the appropriate local law enforcement entities
24 for investigation. The department may expend funds for the promotion
25 of the hotline.
26 Sec. 218. (1) Funds appropriated in part 1 for at-post troopers
27 shall only be expended for trooper salaries, wages, benefits,
1 retirement, equipment, supplies, and other expenses directly related
2 to state troopers assigned to general law enforcement duties at a
3 department post, detachment, satellite office, or a resident trooper
4 function.
5 (2) From the funds appropriated in part 1 for at-post troopers,
6 1 or more trooper recruit schools shall be conducted during fiscal
7 year 2004-2005 with the goal of maintaining at-post trooper strength
8 of at least 1,075.
9 (3) The department shall submit a written report to the senate and
10 house appropriations subcommittees on state police and military
11 affairs no later than November 15, 2004, detailing the status of the
12 department's plan for accomplishing the goal of subsection (2). If
13 the department determines that insufficient funding exists under
14 part 1 for at-post troopers or any other budget line to accomplish the
15 goal of subsection (2), the department shall submit a plan outlining
16 the additional funding necessary to accomplish the goal of
17 subsection (2).
18 Sec. 219. The department of state police shall notify the house
19 and senate appropriations subcommittees on state police and military
20 and veterans affairs and the house and senate fiscal agencies not less
21 than 180 days before recommending to close or consolidate any state
22 police posts.
23 Sec. 221. Of the funds appropriated in part 1 for rent and
24 building occupancy charges, funds shall be used for the necessary
25 rental costs for a state police post in Marshall.
26 Sec. 222. (1) In addition to the funds appropriated in part 1,
27 there is appropriated an amount not to exceed $10,000,000.00 for
1 federal contingency funds. These funds are not available for
2 expenditure until they have been transferred to another line item in
3 this act under section 393(2) of the management and budget act, 1984
4 PA 431, MCL 18.1393.
5 (2) In addition to the funds appropriated in part 1, there is
6 appropriated an amount not to exceed $3,500,000.00 for state
7 restricted contingency funds. These funds are not available for
8 expenditure until they have been transferred to another line item in
9 this act under section 393(2) of the management and budget act, 1984
10 PA 431, MCL 18.1393.
11 (3) In addition to the funds appropriated in part 1, there is
12 appropriated an amount not to exceed $1,000,000.00 for local
13 contingency funds. These funds are not available for expenditure
14 until they have been transferred to another line item in this act
15 under section 393(2) of the management and budget act, 1984 PA 431,
16 MCL 18.1393.
17 (4) In addition to the funds appropriated in part 1, there is
18 appropriated an amount not to exceed $200,000.00 for private
19 contingency funds. These funds are not available for expenditure
20 until they have been transferred to another line item in this act
21 under section 393(2) of the management and budget act, 1984 PA 431,
22 MCL 18.1393.
23 INFORMATION TECHNOLOGY
24 Sec. 301. The money appropriated in part 1 for computer services
25 shall be funded by LEIN user fees sufficient to pay 1/3 of the service
26 and contract maintenance costs of the LEIN system.
1 Sec. 302. From the funds appropriated in part 1 for information
2 technology, the department shall pay user fees to the department of
3 information technology for technology-related services and projects.
4 These user fees shall be subject to provisions of an interagency
5 agreement between the department and the department of information
6 technology.
7 Sec. 303. Amounts appropriated in part 1 for information
8 technology may be designated as work projects and carried forward to
9 support technology projects under the direction of the department of
10 information technology. Funds designated in this manner are not
11 available for expenditure until approved as work projects under
12 section 451a of the management and budget act, 1984 PA 431,
13 MCL 18.1451a.
14 Sec. 304. A portion of the funds appropriated in part 1 shall be
15 used by the department to produce a written report detailing
16 departmental policies regarding access to and use of information from
17 the LEIN system. The report shall include a description of
18 departmental measures to protect the security of information in the
19 LEIN system including safeguards that would prevent unauthorized
20 persons from obtaining information from the LEIN system. The
21 department shall submit a copy of this report to the senate and house
22 appropriations committees not later than April 1, 2005.
23 Sec. 305. The criminal justice information systems policy
24 council shall encourage members of the law enforcement agencies in the
25 state to be sensitive to, and note when necessary, activities or
26 circumstances that may suggest the unauthorized access or misuse of
27 information from the LEIN system. The criminal justice information
1 systems policy council shall advise LEIN auditors, as a part of their
2 audit of law enforcement agencies, to investigate in depth all
3 suspected incidents of improper access or improper use of information
4 from the LEIN system and determine whether or not those incidents were
5 illegal. In those incidents that may be determined to be illegal, the
6 executive secretary for the council shall determine whether those
7 incidents were of a negligent or criminal nature. If an incident is
8 determined to be an illegal act, the council shall inform the chairs
9 of both the senate and house appropriations committees.
10 Sec. 306. (1) The department of state police, working with the
11 criminal justice information system policy council, shall implement
12 procedures by which all probation information is placed on the LEIN
13 system. The LEIN system shall include information on each
14 probationer, including any probation conditions placed on a
15 probationer and the name of the probation officer assigned to a
16 probationer. The LEIN system shall also include any nonstandard
17 probation terms.
18 (2) If the department determines that amendments to the code of
19 criminal procedure, 1927 PA 175, MCL 760.1 to 777.69, are required to
20 include all probation information on the LEIN system, the department
21 shall deliver to members of the senate and house appropriations
22 subcommittees on state police and military affairs amendments to the
23 code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69, that, in
24 the department's view, are necessary to accomplish this goal. These
25 proposed amendments shall be delivered to subcommittee members not
26 later than December 1, 2004.
1 HIGHWAY SAFETY PLANNING
2 Sec. 401. On a quarterly basis, the department shall report to
3 the senate and house appropriations subcommittees on state police and
4 military affairs on the status of assessments collected and authorized
5 under section 629e of the Michigan vehicle code, 1949 PA 300,
6 MCL 257.629e, for the purposes of supporting the secondary road patrol
7 grant program. Each quarterly report shall contain updated
8 information on collection levels, revised projected grant allotments
9 to counties for the year, a comparison of projected collections and
10 grant distribution levels with the funds appropriated in part 1 for
11 the secondary road patrol program, and the extent collection levels
12 have exceeded or failed to meet appropriated levels for the current
13 fiscal year or expenditure levels from the previous fiscal year.
14 FORENSIC SCIENCES
15 Sec. 501. The department shall report to the house and senate
16 appropriations subcommittees on state police and military affairs and
17 the house and senate fiscal agencies when any changes to the
18 department's DNA protocol are made.
19 Sec. 502. The department shall work with the department of
20 community health, the Michigan hospital association, the Michigan
21 state medical society, and the Michigan nurses association to ensure
22 that the recommendations included in the "Standard Recommended
23 Procedures for the Emergency Treatment of Sexual Assault Victims" are
24 followed in the collection of evidence.
1 MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
2 Sec. 601. The money appropriated to the MCOLES for maintenance
3 and delivery of training to locals is provided in accordance with a
4 state reimbursement policy in which 100% of the determined state
5 reimbursement rate shall be distributed upon certification by the
6 MCOLES.
7 Sec. 602. From the appropriations in part 1 for the training of
8 new state troopers and other new police officers in the state and for
9 the continuing education of all law enforcement officers in the state,
10 sufficient funds shall be used to include curricula on the content and
11 application of federal firearms laws, including the procedures
12 necessary for law enforcement to turn appropriate cases over to the
13 federal bureau of alcohol, tobacco, and firearms or any other
14 applicable federal criminal justice agency.
15 EMERGENCY MANAGEMENT
16 Sec. 801. (1) The state director of emergency management may
17 expend money appropriated under this act to call upon any agency or
18 department of the state or any resource of the state to protect life
19 or property or to provide for the health or safety of the population
20 in any area of the state in which the governor proclaims a state of
21 emergency or state of disaster under 1945 PA 302, MCL 10.31 to 10.33,
22 or under the emergency management act, 1976 PA 390, MCL 30.401 to
23 30.421. The state director of emergency management may expend the
24 amounts the director considers necessary to accomplish these
1 purposes. The director shall submit to the state budget director as
2 soon as possible a complete report of all actions taken under the
3 authority of this section. The report shall contain, as a separate
4 item, a statement of all money expended that is not reimbursable from
5 federal money. The state budget director shall review the
6 expenditures and submit recommendations to the legislature in regard
7 to any possible need for a supplemental appropriation.
8 (2) In addition to the money appropriated in this act, the
9 department may receive and expend money from local, private, federal,
10 or state sources for the purpose of providing emergency management
11 training to local or private interests and for the purpose of
12 supporting emergency preparedness, response, recovery, and mitigation
13 activity. If additional expenditure authorization in the Michigan
14 administrative information network is approved by the state budget
15 office under this section, the department and the state budget office
16 shall notify the house and senate appropriations subcommittees on
17 state police and military and veterans affairs and the house and
18 senate fiscal agencies within 10 days after the approval. The
19 notification shall include the amount and source of the additional
20 authorization, the date of its approval, and the projected use of
21 funds to be expended under the authorization.
22 Sec. 802. The department shall not make any purchases related to
23 a statewide emergency management computer network unless authorized to
24 do so by the director of the department of information technology.
25 UNIFORM SERVICES
26 Sec. 901. State police enlisted personnel who are employed to
1 enforce traffic laws as provided in section 629e of the Michigan
2 vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited from
3 responding to crimes in progress or other emergency situations, and
4 are responsible for protecting every citizen of this state from harm.
5 SPECIAL OPERATIONS
6 Sec. 1001. In addition to the appropriations in section 112 to
7 the department of state police for the aviation program, the
8 department is authorized to sell its aircraft and the proceeds from
9 the sale are appropriated and may be applied to the renovation cost of
10 replacement aircraft. If additional expenditure authorization in the
11 Michigan administrative information network is approved by the state
12 budget office under this section, the department and the state budget
13 office shall notify the house and senate appropriations subcommittees
14 on state police and military and veterans affairs and the house and
15 senate fiscal agencies within 10 days after the approval. The
16 notification shall include the amount and source of the additional
17 authorization, the date of its approval, and the projected use of
18 funds to be expended under the authorization.
19 Sec. 1002. Money privately donated to the department is
20 appropriated under section 112 to be used for the purposes designated
21 by the donor of the money. Money privately donated to the
22 department's canine unit shall be used to purchase equipment and other
23 items to enhance the operation of the canine unit. It is the intent
24 of the legislature that money from private donations not supplant
25 general fund appropriations.
1 CRIMINAL INVESTIGATIONS
2 Sec. 1101. (1) There is sufficient money appropriated in
3 section 113 to criminal investigations to ensure that the citizens in
4 a service area of any state police post in the vicinity of a state
5 prison do not experience a downgrading of state police services in
6 their area. Criminal investigations shall be available by temporary
7 or permanent assignment of a detective when either a temporary or
8 permanent prison facility is opened.
9 (2) If the department is unable to comply with subsection (1) and
10 there is a prison scheduled to open, the department shall provide
11 troopers to serve as investigators on an interim basis.
12 MOTOR CARRIER ENFORCEMENT
13 Sec. 1201. (1) The department shall report to the house and
14 senate appropriations subcommittees on state police and the house and
15 senate fiscal agencies by March 1, 2005 regarding the inspection of
16 school buses and other motor vehicles under section 715a of the
17 Michigan vehicle code, 1949 PA 300, MCL 257.715a, and section 39 of
18 the pupil transportation act, 1990 PA 187, MCL 257.1839. The report
19 shall include the following information regarding inspections
20 conducted in calendar year 2004:
21 (a) The number of buses and vehicles inspected by the department.
22 (b) The number of buses and vehicles passing and failing
23 inspection.
24 (c) The estimated number of buses and vehicles not inspected.
25 (2) If each school bus within a school system receives a
26 100% successful state inspection on its first inspection in a given
27 year, the department shall award a certificate to that school system.