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SB-0280, As Passed Senate, June 15, 2005

SUBSTITUTE FOR

SENATE BILL NO. 280

A bill to make appropriations for the department of state

police and certain other state purposes for the fiscal year ending

September 30, 2006; 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:

PART 1

Senate Bill No. 280 as amended June 15, 2005

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, 2006, from

the funds indicated in this part. The following is a summary of the

appropriations in this part:

DEPARTMENT OF STATE POLICE

APPROPRIATION SUMMARY:

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

Full-time equated classified positions........ 2,906.0

GROSS APPROPRIATION.................................... $ <<543,575,100>>

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental

transfers............................................ 20,295,700

ADJUSTED GROSS APPROPRIATION........................... $ <<523,279,400>>

Federal revenues:

Total federal revenues................................. 170,821,000

Special revenue funds:

Total local revenues................................... 5,597,900

Total private revenues................................. 11,200

Total state restricted revenues........................ 112,782,100

State general fund/general purpose..................... $ <<234,067,200>>

Sec. 102. EXECUTIVE DIRECTION

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

Full-time equated classified positions........... 39.0

Unclassified positions................................. $ 238,300

Executive direction--34.0 FTE positions................ 3,493,200

Auto theft prevention program--5.0 FTE positions....... 7,133,500

GROSS APPROPRIATION.................................... $ 10,865,000

Appropriated from:

Special revenue funds:

Auto theft prevention fund............................. 7,133,500

Michigan justice training fund......................... 126,700

State general fund/general purpose..................... $ 3,604,800

Sec. 103. DEPARTMENTWIDE APPROPRIATIONS

Special maintenance and utilities...................... $ 479,400

Rent and building occupancy charges.................... 8,057,500

Worker's compensation.................................. 3,090,000

Fleet leasing.......................................... 13,919,200

In-service training.................................... 850,000

Narcotics investigation funds.......................... 265,000

GROSS APPROPRIATION.................................... $ 26,661,100

Appropriated from:

Interdepartmental grant revenues:

IDG, training academy charges.......................... 227,500

IDT, Michigan justice training fund.................... 850,000

Federal revenues:

Federal narcotics investigation revenues............... 95,000

DOJ.................................................... 40,400

DOT.................................................... 20,200

DHS.................................................... 9,300

Special revenue funds:

Forensic science reimbursement fee..................... 80,800

Narcotics investigation revenues....................... 170,000

State forensic laboratory fund......................... 80,800

Criminal justice information center service fees....... 119,400

Secondary road patrol and training fund................ 2,600

Hazardous materials training center fees............... 65,500

Michigan justice training fund......................... 5,200

Motor carrier fees..................................... 6,000

Highway safety fund.................................... 6,400

Traffic law enforcement and safety fund................ 12,700

State general fund/general purpose..................... $ 24,869,300

Sec. 104. SUPPORT SERVICES

Full-time equated classified positions............ 129.0

Human resources--26.0 FTE positions.................... $ 2,026,100

Human resources optimization user charges.............. 88,600

Management services--35.0 FTE positions................ 2,563,400

Training administration--37.0 FTE positions............ 4,450,900

Communications--8.0 FTE positions...................... 4,339,000

Budget and financial services--23.0 FTE positions...... 1,902,500

GROSS APPROPRIATION.................................... $ 15,370,500

Appropriated from:

Interdepartmental grant revenues:

IDT, auto theft funds.................................. 23,800

IDG, training academy charges.......................... 3,005,700

IDT, truck safety fund................................. 4,600

IDG-MDOT, state trunkline fund......................... 30,000

IDG-MDTR, casino gaming fees........................... 31,000

Special revenues funds:

Local - LEIN fees...................................... 36,100

Highway safety fund.................................... 127,200

Auto theft prevention fund............................. 4,600

Nuclear plant emergency planning reimbursement......... 3,300

Precision driving track fees........................... 287,900

Criminal justice information center service fees....... 146,500

Traffic law enforcement and safety fund................ 220,100

Reimbursed services.................................... 47,200

Motor carrier fees..................................... 141,100

State general fund/general purpose..................... $ 11,261,400

Sec. 105. HIGHWAY SAFETY PLANNING

Full-time equated classified positions........... 26.0

State program planning and administration--14.0 FTE

positions............................................ $ 1,187,200

Grants to local governments and nonprofit

organizations........................................ 4,500,000

Secondary road patrol program--2.0 FTE positions....... 14,020,100

Truck safety program--2.0 FTE positions................ 2,993,300

Highway traffic safety coordination--8.0 FTE positions. 6,057,000

GROSS APPROPRIATION.................................... $ 28,757,600

Appropriated from:

Federal revenues:

DOT.................................................... 10,646,000

DOJ.................................................... 570,100

Special revenue funds:

Truck driver safety fund............................... 2,993,300

Secondary road patrol and training fund................ 14,020,100

State general fund/general purpose .................... 528,100

Sec. 106. CRIMINAL JUSTICE INFORMATION CENTER

Full-time equated classified positions........... 95.0

Criminal justice information center division--78.0

FTE positions........................................ $ 7,677,700

Criminal records improvement--1.0 FTE position......... 4,741,700

Traffic safety--16.0 FTE positions..................... 2,557,500

GROSS APPROPRIATION.................................... $ 14,976,900

Appropriated from:

Interdepartmental grant revenues:

IDG-MDOS............................................... 315,900

IDG-MDOT, state trunkline fund......................... 347,500

Federal revenues:

DOJ.................................................... 4,741,700

DOT.................................................... 1,413,800

Special revenue funds:

Local - LEIN fees...................................... 205,100

Sex offender registration fund......................... 256,400

Criminal justice information center service fees....... 6,386,200

State general fund/general purpose..................... $ 1,310,300

Sec. 107. FORENSIC SCIENCES

Full-time equated classified positions.......... 220.0

Laboratory operations--180.0 FTE positions............. $ 18,844,100

DNA analysis program--40.0 FTE positions............... 8,720,600

GROSS APPROPRIATION.................................... $ 27,564,700

Appropriated from:

Federal revenues:

DOJ.................................................... 3,601,200

DOT.................................................... 730,900

Special revenue funds:

Forensic science reimbursement fees.................... 2,152,500

State forensic laboratory fund......................... 1,662,600

State general fund/general purpose..................... $ 19,417,500

Sec. 108. MICHIGAN COMMISSION ON LAW ENFORCEMENT

STANDARDS

Full-time equated classified positions........... 28.0

Standards and training--22.0 FTE positions............. $ 2,305,500

Justice training grants--4.0 FTE positions............. 10,247,600

Concealed weapons enforcement training................. 140,000

Training only to local units--2.0 FTE positions........ 839,000

Officer's survivor tuition program..................... 48,800

Public safety officers benefit program................. 150,000

GROSS APPROPRIATION.................................... $ 13,730,900

Appropriated from:

Federal revenues:

DOJ.................................................... 391,200

Special revenue funds:

Secondary road patrol and training fund................ 839,000

Michigan justice training fund......................... 10,970,200

Licensing fees......................................... 54,300

Concealed weapons enforcement fee...................... 140,000

State general fund/general purpose..................... $ 1,336,200

Sec. 110. EMERGENCY MANAGEMENT

Full-time equated classified positions........... 72.0

Emergency management planning and

administration--55.0 FTE positions................... $ 4,397,900

Grants to local government............................. 2,482,100

FEMA program assistance--3.0 FTE positions............. 995,700

Nuclear power plant emergency planning--6.0 FTE

positions............................................ 1,266,500

Hazardous materials transportation--1.0 FTE position... 582,600

Hazardous materials programs--7.0 FTE positions........ 121,703,400

GROSS APPROPRIATION.................................... $ 131,428,200

Appropriated from:

Federal revenues:

DOT.................................................... 582,600

DHS.................................................... 126,226,900

Special revenue funds:

Nuclear plant emergency planning reimbursement......... 1,266,500

Hazardous materials training center fees............... 1,339,000

State general fund/general purpose..................... $ 2,013,200

Sec. 111. UNIFORM SERVICES

Full-time equated classified positions........ 1,662.0

Uniform services--506.0 FTE positions.................. $ 47,444,000

Security guards--15.0 FTE positions.................... 1,014,200

Reimbursed services.................................... 2,173,200

At-post troopers--1,141.0 FTE positions................ 121,232,500

Commercial mobile radio service projects............... 800,000

GROSS APPROPRIATION.................................... $ 172,663,900

Appropriated from:

Interdepartmental grant revenues:

IDG-MDMB, building occupancy charges................... 610,100

IDG-MDTR, emergency telephone fund coordinator......... 400,000

IDG-MDTR, emergency telephone fund operations.......... 400,000

Federal revenues:

DOJ.................................................... 1,694,100

Special revenue funds:

Narcotic investigation revenues........................ 45,900

Highway safety fund.................................... 21,951,400

Traffic law enforcement and safety fund................ 31,303,000

State police service fees.............................. 2,173,200

State general fund/general purpose..................... $ 114,086,200

Sec. 112. SPECIAL OPERATIONS

Full-time equated classified positions........... 49.0

Operational support--34.0 FTE positions................ $ 2,935,600

Traffic services--10.0 FTE positions................... 3,543,400

Aviation program--5.0 FTE positions.................... 1,110,400

GROSS APPROPRIATION.................................... $ 7,589,400

Appropriated from:

Interdepartmental grant revenues:

IDG-MDOC, contract..................................... 87,100

Federal revenues:

DOT.................................................... 1,666,000

Special revenue funds:

Private donations...................................... 11,200

Rental of department aircraft.......................... 169,000

Drunk driving prevention and training fund............. 1,197,600

State general fund/general purpose..................... $ 4,458,500

Sec. 113. CRIMINAL INVESTIGATIONS

Full-time equated classified positions.......... 372.0

Criminal investigations--258.0 FTE positions........... $ 30,553,900

Federal antidrug initiatives--62.0 FTE positions....... 10,756,900

Reimbursed services, materials, and equipment.......... 2,583,400

Auto theft prevention--9.0 FTE positions............... 1,511,900

Casino gaming oversight--32.0 FTE positions............ 3,948,700

Fire investigation--11.0 FTE positions................. 1,496,600

Fire investigation training to locals.................. 50,500

GROSS APPROPRIATION.................................... $ 50,901,900

Appropriated from:

Interdepartmental grant revenues:

IDT, auto theft funds.................................. 1,230,800

IDG-MDTR, casino gaming fees........................... 3,948,700

IDG-MDCH, tobacco tax.................................. 610,000

Federal revenues:

Federal investigations - reimbursed services........... 734,100

DOJ.................................................... 8,039,000

Federal narcotics investigation revenues............... 424,000

Special revenue funds:

Local - reimbursed services............................ 1,849,300

Narcotics investigation revenues....................... 581,500

Forfeiture funds....................................... 390,100

State general fund/general purpose..................... $ 33,094,400

Sec. 114. MOTOR CARRIER ENFORCEMENT

Full-time equated classified positions.......... 214.0

Motor carrier enforcement--106.0 FTE positions......... $ 9,399,200

Truck safety enforcement team operations--10.0 FTE

Senate Bill No. 280 as amended June 15, 2005

positions............................................ 1,244,100

Safety inspections--64.0 FTE positions................. 7,616,800

School bus inspections--16.0 FTE positions............. 1,238,100

Safety projects--18.0 FTE positions.................... 1,975,500

GROSS APPROPRIATION.................................... $ 21,473,700

Appropriated from:

Interdepartmental grant revenues:

IDT, truck safety fund................................. 1,244,100

IDG-MDOT, state trunkline fund......................... 6,816,000

Federal revenues:

DOT.................................................... 8,088,300

Special revenue funds:

Motor carrier fees..................................... 4,087,200

State general fund/general purpose..................... $ 1,238,100

Sec. 115. INFORMATION TECHNOLOGY

Information technology services and projects........... $ <<21,591,300>>

GROSS APPROPRIATION.................................... $ <<21,591,300>>

Appropriated from:

Interdepartmental grant revenues:

IDG-MDTR, casino gaming fees........................... 79,700

IDG-MDOT, state trunkline fund......................... 33,200

Federal revenues:

DOT.................................................... 1,106,200

Special revenue funds:

Local - LEIN fees...................................... 3,471,000

Local - AFIS fees...................................... 36,400

Motor carrier fees..................................... 15,600

Senate Bill No. 280 as amended June 15, 2005

State general fund/general purpose..................... $ <<16,849,200>>

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state

constitution of 1963, total state spending from state resources

under part 1 for fiscal year 2005-2006 is <<$346,849,300.00>> and state

spending from state resources to be paid to local units of

government for fiscal year 2005-2006 is $20,518,700.00. The

itemized statement below identifies appropriations from which

spending to units of local government will occur:

DEPARTMENT OF STATE POLICE

OFFICE OF HIGHWAY SAFETY PLANNING

Secondary road patrol program.......................... $ 13,879,900

COMMISSION ON LAW ENFORCEMENT STANDARDS

Training only to local units........................... $ 650,200

Justice training grants................................ 5,538,100

CRIMINAL INVESTIGATIONS

Fire investigation training for locals................. 50,500

UNIFORM SERVICES

Commercial mobile radio service projects............... $ 400,000

Total.................................................. $ 20,518,700

Sec. 202. The appropriations authorized under this act are

subject to the management and budget act, 1984 PA 431, MCL 18.1101

to 18.1594.

Sec. 203. As used in this act:

(a) "AFIS" means the automated fingerprint identification

system.

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

security.

(d) "DNA" means deoxyribonucleic acid.

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

(f) "DOT" means the United States department of

transportation.

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

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

(i) "IDG" means interdepartmental grant.

(j) "IDT" means intradepartmental transfer.

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

(l) "MCOLES" means the Michigan commission on law enforcement

standards.

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

(n) "MDMB" means the Michigan department of management and

budget.

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

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

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

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

Sec. 204. The department of civil service shall bill the

department at the end of the first fiscal quarter for the 1% charge

authorized by section 5 of article XI of the state constitution of

1963. Payments shall be made for the total amount of the billing by

the end of the second fiscal quarter.

Sec. 205. (1) Beginning October 1, a hiring freeze is imposed

on the state classified civil service. State departments and

agencies are prohibited from hiring any new full-time state

classified civil service employees and prohibited from filling any

vacant state classified civil service positions. This hiring freeze

does not apply to internal transfers of classified employees from 1

position to another within a department.

(2) The state budget director shall grant exceptions to this

hiring freeze when the state budget director believes that the

hiring freeze will result in rendering a state department or agency

unable to deliver basic services, cause loss of revenue to the

state, result in the inability of the state to receive federal

funds, or necessitate additional expenditures that exceed any

savings from maintaining a vacancy. The state budget director shall

report by the last business day of each month to the chairpersons

of the senate and house of representatives standing committees on

appropriations the number of exceptions to the hiring freeze

approved during the previous month and the justification for the

exception.

Sec. 207. At least 60 days before beginning any effort to

privatize, the department shall submit a complete project plan to

the appropriate senate and house of representatives appropriations

subcommittees and the senate and house fiscal agencies. The plan

shall include the criteria under which the privatization initiative

will be evaluated. The evaluation shall be completed and submitted

to the appropriate senate and house of representatives

appropriations subcommittees and the senate and house fiscal

agencies within 30 months.

Sec. 208. Unless otherwise specified, the department shall use

the Internet to fulfill the reporting requirements of this act.

This requirement may include transmission of reports via electronic

mail to the recipients identified for each reporting requirement or

it may include placement of reports on an Internet or Intranet

site.

Sec. 209. Funds appropriated in part 1 shall not be used for

the purchase of foreign goods or services, or both, if

competitively priced and of comparable quality American goods or

services, or both, are available. Preference should be given to

goods or services, or both, manufactured or provided by Michigan

businesses, if they are competitively priced and of comparable

value.

Sec. 210. The director of each department receiving

appropriations in part 1 shall take all reasonable steps to ensure

businesses in deprived and depressed communities compete for and

perform contracts to provide services or supplies, or both, for the

department. The director shall strongly encourage firms with which

the department contracts to subcontract with certified businesses

in depressed and deprived communities for services or supplies, or

both.

Sec. 211. It is the intent of the legislature that personnel

of the department who request and are eligible for reimbursement of

expenses related to the operation of the department be reimbursed

from the appropriations provided in this act within 30 days after

submitting a request, or the eligible personnel shall be paid an

additional amount equal to 0.75% of the payment due. The department

shall pay an additional amount equal to 0.75% of the payment due

for the first month and each succeeding month or portion of a month

the payment remains past due.

Sec. 213. (1) It is the intent of the legislature that the

department shall not provide any subsidy for contractual services

it provides.

(2) When the department provides contractual services to a

local unit of government, the department shall be reimbursed for

all costs incurred in providing the services, including, but not

limited to, retirement and overtime costs.

(3) Contractual services provided to an entity other than a

local unit of government may be provided by department personnel,

but only on an overtime basis outside the normal work schedule of

the personnel.

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

Sec. 214. The departments and agencies receiving

appropriations in part 1 shall receive and retain copies of all

reports funded from appropriations in part 1. The department shall

follow all federal guidelines and state laws regarding short-term

and long-term retention of records.

Sec. 215. Not later than January 1, 2006, the department shall

report to the state police appropriations subcommittees of the

house and senate and the house and senate fiscal agencies. The

report shall contain the following information regarding the

department's activities related to casino gaming oversight during

fiscal year 2004-2005:

(a) The amount of money received and expended.

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

unit.

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

aggregate number of FTEs.

(e) The number of enlisted and civilian positions.

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

(g) The immediate past position of the enlisted employees

assigned.

Sec. 216. The department shall collect and computerize the

vehicle identification number (VIN) of all vehicles that are

entered into the state accident data collection system and make

this and other vehicle information available to the public at cost.

For bulk access to the accident records in which the VIN has been

collected and computerized, the department shall make those records

available to the public at cost, provided that the name and address

have been excluded.

Sec. 217. From the funds appropriated in part 1, the

department shall maintain a toll-free hotline in collaboration with

the department of education. The toll-free hotline shall be

operated 24 hours per day, 7 days per week, and shall provide

students, school officials, and other individuals an opportunity to

report specific threats of imminent school violence or other

suspicious or criminal conduct by juveniles to the appropriate

local law enforcement entities for investigation. The department

may expend funds for the promotion of the hotline.

Sec. 218. (1) Funds appropriated in part 1 for at-post

troopers shall only be expended for trooper salaries, wages,

benefits, retirement, equipment, supplies, and other expenses

directly related to state troopers assigned to general law

enforcement duties at a department post, detachment, satellite

office, or a resident trooper function.

(2) From the funds appropriated in part 1 for at-post

troopers, 1 or more trooper recruit schools of a size, length, and

date to be determined by the department or the legislature shall be

conducted during fiscal year 2005-2006 with the goal of maintaining

at-post trooper strength of at least 1,075 on September 30, 2006.

(3) The department shall submit quarterly written reports to

the senate and house appropriations subcommittees on state police

and military and veterans affairs no later than December 1, 2005,

March 1, 2006, June 1, 2006, and September 1, 2006 which shall

include a trooper strength report and the status of the

department's plan for accomplishing the goal of subsection (2). If

the department determines that insufficient appropriations exist

under part 1 to accomplish the goal of subsection (2), the

department shall submit a proposal outlining a plan to accomplish

the goal including an accounting of any additional funding

necessary to that end.

Sec. 219. The department of state police shall notify the

house and senate appropriations subcommittees on state police and

military and veterans affairs and the house and senate fiscal

agencies not less than 180 days before recommending to close or

consolidate any state police posts. The notification shall include

a local and state impact study of the proposed post closure or

consolidation.

Sec. 220. The department of state police, in keeping with its

role as the general law enforcement agency of the state and as the

law enforcement agency of last resort for communities that are

either without local law enforcement resources or are seriously

underserved by local law enforcement resources, shall provide

general law enforcement assistance to those communities until

adequate law enforcement services can be provided to those

communities by other means.

Sec. 221. (1) Of the funds appropriated in part 1 for rent and

building occupancy charges, funds shall be used for the necessary

rental costs for a state police post in Marshall.

(2) From the funds appropriated in part 1, the state police

and the department of management and budget shall conduct a study

regarding the feasibility of a new state police post in Marshall to

replace the current post in Battle Creek. The study shall review

the possibility of partnering with local communities and first

responders in the construction and occupancy of the new facility

and shall be completed and the findings communicated to the senate

and house of representatives appropriations subcommittees on state

police by November 15, 2005.

Sec. 223. (1) Due to the current budgetary problems in this

state, out-of-state travel for the fiscal year ending September 30,

2006 shall be limited to situations in which 1 or more of the

following conditions apply:

(a) The travel is required by legal mandate or court order or

for law enforcement purposes.

(b) The travel is necessary to protect the health or safety of

Michigan citizens or visitors or to assist other states in similar

circumstances.

increase state revenues, including protecting existing federal

funds or securing additional federal funds.

(d) The travel is necessary to comply with federal

requirements.

(e) The travel is necessary to secure specialized training for

staff that is not available within this state.

(f) The travel is financed entirely by federal or nonstate

funds.

(2) If out-of-state travel is necessary but does not meet 1 or

more of the conditions in subsection (1), the state budget director

may grant an exception to allow the travel. Any exceptions granted

by the state budget director shall be reported on a monthly basis

to the house and senate appropriations committees.

(3) Not later than January 1 of each year, each department

shall prepare a travel report listing all travel by classified and

unclassified employees outside this state in the immediately

preceding fiscal year that was funded in whole or in part with

funds appropriated in the department's budget. The report shall be

submitted to the chairs and members of the house and senate

appropriations committees, the fiscal agencies, and the state

budget director. The report shall include the following

information:

(a) The name of each person receiving reimbursement for travel

outside this state or whose travel costs were paid by this state.

(b) The destination of each travel occurrence.

(d) A brief statement of the reason for each travel

occurrence.

(e) The transportation and related costs of each travel

occurrence, including the proportion funded with state general

fund/general purpose revenues, the proportion funded with state

restricted revenues, the proportion funded with federal revenues,

and the proportion funded with other revenues.

(f) A total of all out-of-state travel funded for the

immediately preceding fiscal year.

Sec. 224. The department shall not take disciplinary action

against an employee for communicating with a member of the

legislature or his or her staff.

INFORMATION TECHNOLOGY

Sec. 301. The money appropriated in part 1 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 system.

Sec. 302. From the funds appropriated in part 1 for

information technology, the department shall pay user fees to the

department of information technology for technology-related

services and projects. These user fees shall be subject to

provisions of an interagency agreement between the department and

the department of information technology.

Sec. 303. Amounts appropriated in part 1 for information

technology may be designated as work projects and carried forward

to support technology projects under the direction of the

department of information technology. Funds designated in this

manner are not available for expenditure until approved as work

projects under section 451a of the management and budget act, 1984

PA 431, MCL 18.1451a.

Sec. 304. A portion of the funds appropriated in part 1 shall

be used by the department to produce a written report detailing

departmental policies regarding access to and use of information

from the LEIN system. The report shall include a description of

departmental measures to protect the security of information in the

LEIN system including safeguards that would prevent unauthorized

persons from obtaining information from the LEIN system. The

department shall submit a copy of this report to the senate and

house appropriations committees not later than April 1, 2006.

Sec. 305. The criminal justice information systems policy

council shall encourage members of the law enforcement agencies in

the state to be sensitive to, and note when necessary, activities

or circumstances that may suggest the unauthorized access or misuse

of information from the LEIN system. The criminal justice

information systems policy council shall advise LEIN auditors, as a

part of their audit of law enforcement agencies, to investigate in

depth all suspected incidents of improper access or improper use of

information from the LEIN system and determine whether or not those

incidents were illegal. In those incidents that may be determined

to be illegal, the executive secretary for the council shall

determine whether those incidents were of a negligent or criminal

nature. If an incident is determined to be an illegal act, the

council shall inform the chairs of both the senate and house

appropriations committees.

Sec. 306. (1) The department of state police, working with the

criminal justice information systems policy council, shall

implement procedures by which all probation information is placed

on the LEIN system. The LEIN system shall include information on

each probationer, including any probation conditions placed on a

probationer and the name of the probation officer assigned to a

probationer. The LEIN system shall also include any nonstandard

probation terms.

(2) If the department determines that amendments to the code

of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69, are

required to include all probation information on the LEIN system,

the department shall deliver to members of the senate and house

appropriations subcommittees on state police and military affairs

amendments to the code of criminal procedure, 1927 PA 175, MCL

760.1 to 777.69, that, in the department's view, are necessary to

accomplish this goal. These proposed amendments shall be delivered

to subcommittee members not later than December 1, 2005.

Sec. 307. The department of state police shall serve as an

active liaison between the department of information technology and

local public safety agencies to facilitate the use of the Michigan

public safety communications system towers by those local public

safety agencies that have an interest in using the towers as a part

of their own communications system. The department of state police

shall deliver a written report to the senate and house

appropriations subcommittees on state police and military and

veterans affairs by April 1, 2006, which shall include an

assessment of the progress toward establishing local public safety

agency use of the Michigan public safety communications system

towers, an accounting of problems that may be preventing local use

of the towers, and any recommendations the department has that may

foster this utilization.

HIGHWAY SAFETY PLANNING

Sec. 401. On a quarterly basis, the department shall report to

the senate and house appropriations subcommittees on state police

and military affairs on the status of assessments collected and

authorized under section 629e of the Michigan vehicle code, 1949 PA

300, MCL 257.629e, for the purposes of supporting the secondary

road patrol grant program. Each quarterly report shall contain

updated information on collection levels, revised projected grant

allotments to counties for the year, a comparison of projected

collections and grant distribution levels with the funds

appropriated in part 1 for the secondary road patrol program, and

the extent collection levels have exceeded or failed to meet

appropriated levels for the current fiscal year or expenditure

levels from the previous fiscal year.

FORENSIC SCIENCES

Sec. 501. (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 military and

veterans affairs and the house and senate fiscal agencies when any

changes to the department's DNA protocol are made.

Sec. 502. The department shall work with the department of

community health, the Michigan health and hospital association, the

Michigan state medical society, and the Michigan nurses association

to ensure that the recommendations included in the "Standard

Recommended Procedures for the Emergency Treatment of Sexual

Assault Victims" are followed in the collection of evidence.

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

Sec. 601. The money appropriated to the MCOLES for maintenance

and delivery of training to locals is provided in accordance with a

state reimbursement policy in which 100% of the determined state

reimbursement rate shall be distributed upon certification by the

MCOLES.

Sec. 602. From the appropriations in part 1 for the training

of new state troopers and other new police officers in the state

and for the continuing education of all law enforcement officers in

the state, sufficient funds shall be used to include curricula on

the content and application of federal firearms laws, including the

procedures necessary for law enforcement to turn appropriate cases

over to the federal bureau of alcohol, tobacco, and firearms or any

other applicable federal criminal justice agency.

EMERGENCY MANAGEMENT

Sec. 801. (1) The state director of emergency management may

expend money appropriated under this act to call upon any agency or

department of the state or any resource of the state to protect

life or property or to provide for the health or safety of the

population in any area of the state in which the governor proclaims

a state of emergency or state of disaster under 1945 PA 302, MCL

10.31 to 10.33, or under the emergency management act, 1976 PA 390,

MCL 30.401 to 30.421. The state director of emergency management

may expend the amounts the director considers necessary to

accomplish these purposes. The director shall submit to the state

budget director as soon as possible a complete report of all

actions taken under the authority of this section. The report shall

contain, as a separate item, a statement of all money expended that

is not reimbursable from federal money. The state budget director

shall review the expenditures and submit recommendations to the

legislature in regard to any possible need for a supplemental

appropriation.

(2) In addition to the money appropriated in this act, the

department may receive and expend money from local, private,

federal, or state sources for the purpose of providing emergency

management training to local or private interests and for the

purpose of supporting emergency preparedness, response, recovery,

and mitigation activity. If additional expenditure authorization in

the Michigan administrative information network is approved by the

state budget office under this section, the department and the

state budget office shall notify the house and senate

appropriations subcommittees on state police and military and

veterans affairs and the house and senate fiscal agencies within 10

days after the approval. The notification shall include the amount

and source of the additional authorization, the date of its

approval, and the projected use of funds to be expended under the

authorization.

Sec. 802. The department shall not make any purchases related

to a statewide emergency management computer network unless

authorized to do so by the director of the department of

information technology.

Sec. 803. The department's emergency management division shall

make every effort to ensure both of the following:

(a) That homeland security grants offered by the federal

government and channeled through the department are allocated to

first responder entities in the highest percentage possible.

(b) That homeland security grants awarded to the city of

Detroit shall not be used to supplant city general funds designated

to support first responder operations.

UNIFORM SERVICES

Sec. 901. State police enlisted personnel who are employed to

enforce traffic laws as provided in section 629e of the Michigan

vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited

from responding to crimes in progress or other emergency

situations, and are responsible for protecting every citizen of

this state from harm.

SPECIAL OPERATIONS

Sec. 1001. In addition to the appropriations in part 1 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. If additional expenditure authorization in

the Michigan administrative information network is approved by the

state budget office under this section, the department and the

state budget office shall notify the house and senate

appropriations subcommittees on state police and military and

veterans affairs and the house and senate fiscal agencies within 10

days after the approval. The notification shall include the amount

and source of the additional authorization, the date of its

approval, and the projected use of funds to be expended under the

authorization.

Sec. 1002. Money privately donated to the department is

appropriated under part 1 to be used for the purposes designated by

the donor of the money. Money privately donated to the department's

canine unit shall be used to purchase equipment and other items to

enhance the operation of the canine unit. It is the intent of the

legislature that money from private donations not supplant general

fund appropriations.

CRIMINAL INVESTIGATIONS

Sec. 1101. (1) There is sufficient money appropriated in part

1 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.

MOTOR CARRIER ENFORCEMENT

Sec. 1201. (1) The department shall report to the house and

senate appropriations subcommittees on state police and the house

and senate fiscal agencies by March 1, 2006 regarding the

inspection of school buses and other motor vehicles under section

715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a, and

section 39 of the pupil transportation act, 1990 PA 187, MCL

257.1839. The report shall include the following information

regarding inspections conducted in calendar year 2005:

(a) The number of buses and vehicles inspected by the

department.

(b) The number of buses and vehicles passing and failing

inspection.

(2) If each school bus within a school system receives a 100%

successful state inspection on its first inspection in a given

year, the department shall award a certificate to that school