SB-0238, As Passed Senate, August 22, 2007
SUBSTITUTE FOR
SENATE BILL NO. 238
A bill to make appropriations for the department of state
police and certain other state purposes for the fiscal year ending
September 30, 2008; 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
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
Senate Bill No. 238 as amended August 22, 2007
amounts listed in this part are appropriated for the department of
state police for the fiscal year ending September 30, 2008, 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........ 2,899.0
GROSS APPROPRIATION.................................... $ <<559,209,400>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 26,143,700
ADJUSTED GROSS APPROPRIATION........................... $ <<533,065,700>>
Federal revenues:
Total federal revenues................................. 146,240,200
Special revenue funds:
Total local revenues................................... 8,739,100
Total private revenues................................. 262,500
Total state restricted revenues........................ 111,318,800
State general fund/general purpose..................... $ <<266,505,100>>
Sec. 102. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........... 39.0
Unclassified positions................................. $ 358,100
Law enforcement resource study......................... 1,000
Executive direction--34.0 FTE positions................ 1,525,400
Dignitary protection................................... 2,500,000
Auto theft prevention program--5.0 FTE positions....... 10,752,200
GROSS APPROPRIATION.................................... $ 15,136,700
Appropriated from:
Special revenue funds:
Auto theft prevention fund............................. 10,752,200
Motor carrier fees..................................... 450,000
State general fund/general purpose..................... $ 3,934,500
Sec. 103. DEPARTMENTWIDE APPROPRIATIONS
Special maintenance and utilities...................... $ 447,600
Rent and building occupancy charges.................... 9,399,300
Worker's compensation.................................. 2,901,000
Fleet leasing.......................................... 15,783,700
In-service training - law enforcement distribution..... 450,000
In-service training - competitive...................... 600,000
Narcotics investigation funds.......................... 265,000
GROSS APPROPRIATION.................................... $ 29,846,600
Appropriated from:
Interdepartmental grant revenues:
IDG, training academy charges.......................... 265,400
IDT, Michigan justice training fund.................... 1,050,000
Federal revenues:
Federal narcotics investigation revenues............... 95,000
DOT.................................................... 23,600
DHS.................................................... 163,100
Special revenue funds:
Forensic science reimbursement fee..................... 94,200
Narcotics investigation revenues....................... 170,000
State forensic laboratory fund......................... 94,200
Criminal justice information center service fees....... 186,600
Secondary road patrol and training fund................ 6,600
Hazardous materials training center fees............... 98,400
Michigan justice training fund......................... 13,600
Motor carrier fees..................................... 7,000
Highway safety fund.................................... 7,500
Traffic law enforcement and safety fund................ 14,800
State general fund/general purpose..................... $ 27,556,600
Sec. 104. SUPPORT SERVICES
Full-time equated classified positions............ 213.0
Human resources--25.0 FTE positions.................... $ 2,239,400
Human resources optimization user charges.............. 178,300
Management services--114.0 FTE positions............... 12,394,900
Training administration--37.0 FTE positions............ 5,781,500
Communications--12.0 FTE positions..................... 2,730,300
Budget and financial services--25.0 FTE positions...... 2,265,900
GROSS APPROPRIATION.................................... $ 25,590,300
Appropriated from:
Interdepartmental grant revenues:
IDT, auto theft funds.................................. 26,900
IDG, training academy charges.......................... 3,191,700
IDT, truck safety fund................................. 5,000
IDG-MDOT, state trunkline fund......................... 2,300
IDG-MDTR, casino gaming fees........................... 42,100
IDG-MDTR, emergency telephone fund coordinator......... 419,900
IDG-MDTR, emergency telephone fund operations.......... 476,800
IDG-MDOS............................................... 2,000
IDG-MDOC, contract..................................... 1,072,800
Federal revenues:
DOT.................................................... 212,600
Special revenues funds:
Local - LEIN fees...................................... 255,500
Local - MPSCS subscriber fees.......................... 26,600
Local - school bus revenue............................. 1,300
Highway safety fund.................................... 138,700
Auto theft prevention fund............................. 6,700
Nuclear plant emergency planning reimbursement......... 5,600
Precision driving track fees........................... 287,200
Criminal justice information center service fees....... 758,600
Traffic law enforcement and safety fund................ 239,700
Reimbursed services.................................... 1,374,500
Forensic science reimbursement fees.................... 36,700
Drunk driving prevention and training fund............. 1,300
Hazardous materials training center fees............... 500
Michigan justice training fund......................... 2,300
Narcotics investigation revenues....................... 1,200
Secondary road patrol and training fund................ 1,700
Truck driver safety fund............................... 1,100
Motor carrier fees..................................... 237,300
State general fund/general purpose..................... $ 16,761,700
Sec. 105. HIGHWAY SAFETY PLANNING
Full-time equated classified positions........... 26.0
State program planning and administration--14.0 FTE
positions............................................ $ 1,216,600
Secondary road patrol program--2.0 FTE positions....... 14,029,900
Truck safety program--2.0 FTE positions................ 3,000,300
Federal highway traffic safety coordination--8.0 FTE
positions............................................ 10,593,000
GROSS APPROPRIATION.................................... $ 28,839,800
Appropriated from:
Federal revenues:
DOT.................................................... 10,728,500
DOJ.................................................... 575,600
Special revenue funds:
Truck driver safety fund............................... 3,000,300
Secondary road patrol and training fund................ 14,029,900
State general fund/general purpose..................... $ 505,500
Sec. 106. CRIMINAL JUSTICE INFORMATION CENTER
Full-time equated classified positions........... 90.0
Criminal justice information center division--73.0
FTE positions........................................ $ 9,200,100
Criminal records improvement--1.0 FTE position......... 2,240,500
Traffic safety--16.0 FTE positions..................... 2,684,600
GROSS APPROPRIATION.................................... $ 14,125,200
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOS............................................... 281,700
IDG-MDCH, crime victims rights fund.................... 475,800
IDG-MDOT, state trunkline fund......................... 871,000
Federal revenues:
DOJ.................................................... 2,240,500
DOT.................................................... 1,454,700
Special revenue funds:
Traffic crash revenue.................................. 77,200
Sex offender registration fund......................... 60,500
Criminal justice information center service fees....... 8,663,800
State general fund/general purpose..................... $ 0
Sec. 107. FORENSIC SCIENCES
Full-time equated classified positions.......... 220.0
Laboratory operations--180.0 FTE positions............. $ 20,935,400
Uncompensated services................................. 1,000
DNA analysis program--40.0 FTE positions............... 7,080,100
GROSS APPROPRIATION.................................... $ 28,016,500
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, crime victims rights fund.................... 430,000
Federal revenues:
DOJ.................................................... 4,054,200
Special revenue funds:
Forensic science reimbursement fees.................... 423,900
State forensic laboratory fund......................... 1,497,000
State general fund/general purpose..................... $ 21,611,400
Sec. 108. MICHIGAN COMMISSION ON LAW ENFORCEMENT
STANDARDS
Full-time equated classified positions........... 28.0
Standards and training--22.0 FTE positions............. $ 2,204,300
Justice training grants--4.0 FTE positions............. 7,916,900
Concealed weapons enforcement training................. 140,000
Training only to local units--2.0 FTE positions........ 770,300
Mental health awareness training....................... 100,000
Officer's survivor tuition program..................... 48,500
Public safety officers benefit program................. 150,000
GROSS APPROPRIATION.................................... $ 11,330,000
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOC............................................... 100,000
Federal revenues:
DOJ.................................................... 182,600
Special revenue funds:
Secondary road patrol and training fund................ 770,300
Michigan justice training fund......................... 8,042,700
Licensing fees......................................... 5,300
Concealed weapons enforcement fee...................... 140,000
State general fund/general purpose..................... $ 2,089,100
Sec. 109. EMERGENCY MANAGEMENT
Full-time equated classified positions........... 72.0
Emergency management planning and
administration--55.0 FTE positions................... $ 4,804,500
Grants to local government............................. 2,482,100
FEMA program assistance--3.0 FTE positions............. 1,027,400
Nuclear power plant emergency planning--6.0 FTE
positions............................................ 1,513,600
Hazardous materials programs--8.0 FTE positions........ 102,239,200
GROSS APPROPRIATION.................................... $ 112,066,800
Appropriated from:
Federal revenues:
DOT.................................................... 583,800
DHS.................................................... 106,317,300
Special revenue funds:
Nuclear plant emergency planning reimbursement......... 1,513,600
Hazardous materials training center fees............... 1,503,300
State general fund/general purpose..................... $ 2,148,800
Sec. 110. POST UNIFORM SERVICES
Full-time equated classified positions........ 1,578.0
Uniform services--422.0 FTE positions.................. $ 46,932,200
Security guards--15.0 FTE positions.................... 1,097,000
Reimbursed services.................................... 1,709,000
At-post troopers--1,141.0 FTE positions................ 136,755,100
Communities in need.................................... 1,000
Special events......................................... 1,000
GROSS APPROPRIATION.................................... $ 186,495,300
Appropriated from:
Interdepartmental grant revenues:
IDG-MDMB, building occupancy charges................... 648,400
Special revenue funds:
Highway safety fund.................................... 15,451,400
Traffic law enforcement and safety fund................ 29,303,000
State police service fees.............................. 1,709,000
State general fund/general purpose..................... $ 139,383,500
Sec. 111. STATEWIDE FIELD OPERATIONS
Full-time equated classified positions........... 70.0
Operational support--53.0 FTE positions................ $ 5,927,600
Traffic services--10.0 FTE positions................... 3,861,000
Aviation program--7.0 FTE positions.................... 1,453,200
Unmanned aerial vehicle................................ 1,000
GROSS APPROPRIATION.................................... $ 11,242,800
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, crime victims rights fund.................... 121,500
IDG-MDOT, state trunkline fund......................... 365,700
IDG-MDOC, contract..................................... 97,500
Federal revenues:
DOT.................................................... 1,878,900
Special revenue funds:
Private donations...................................... 262,500
Rental of department aircraft.......................... 51,200
Drunk driving prevention and training fund............. 1,280,300
State general fund/general purpose..................... $ 7,185,200
Sec. 112. SPECIAL INVESTIGATIONS
Full-time equated classified positions.......... 349.0
Criminal investigations--233.0 FTE positions........... $ 31,493,700
Federal antidrug initiatives--62.0 FTE positions....... 9,949,200
Reimbursed services, materials, and equipment.......... 2,641,000
Auto theft prevention--9.0 FTE positions............... 1,675,000
Casino gaming oversight--32.0 FTE positions............ 4,404,300
Fire investigation--13.0 FTE positions................. 1,542,300
Fire investigation training to locals.................. 50,000
GROSS APPROPRIATION.................................... $ 51,755,500
Appropriated from:
Interdepartmental grant revenues:
IDT, auto theft funds.................................. 1,364,300
IDG-MDTR, casino gaming fees........................... 4,404,300
IDG-MDCH, tobacco tax.................................. 610,000
Federal revenues:
Federal investigations - reimbursed services........... 750,500
DOJ.................................................... 7,020,600
Federal narcotics investigation revenues............... 464,100
Special revenue funds:
Local - reimbursed services............................ 1,890,500
Narcotics investigation revenues....................... 668,200
Forfeiture funds....................................... 510,500
State general fund/general purpose..................... $ 34,072,500
Sec. 113. MOTOR CARRIER ENFORCEMENT
Full-time equated classified positions.......... 214.0
Motor carrier enforcement--106.0 FTE positions......... $ 10,449,300
Truck safety enforcement team operations--10.0 FTE
positions............................................ 1,325,000
Safety inspections--64.0 FTE positions................. 8,156,200
School bus inspections--16.0 FTE positions............. 1,395,300
Safety projects--18.0 FTE positions.................... 2,115,900
GROSS APPROPRIATION.................................... $ 23,441,700
Appropriated from:
Interdepartmental grant revenues:
IDT, truck safety fund................................. 1,325,000
IDG-MDOT, state trunkline fund......................... 8,235,300
Federal revenues:
DOT.................................................... 8,640,900
Special revenue funds:
Local school bus revenue............................... 1,395,300
Motor carrier fees..................................... 3,845,200
State general fund/general purpose..................... $ 0
Sec. 114. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 18,541,900
Michigan public safety communications system........... 10,005,800
GROSS APPROPRIATION.................................... $ 28,547,700
Appropriated from:
Interdepartmental grant revenues:
IDG-MDTR, casino gaming fees........................... 85,700
IDG-MDOT, state trunkline fund......................... 90,500
IDG, training academy charges.......................... 32,600
IDG-MDOS............................................... 47,700
IDG-MDTR, emergency telephone fund coordinator......... 1,800
Federal revenues:
DOJ.................................................... 516,600
DHS.................................................... 263,800
DOT.................................................... 73,300
Special revenue funds:
Local - LEIN fees...................................... 3,582,900
Local - AFIS fees...................................... 38,800
Local - MPSCS subscriber fees.......................... 1,544,000
Local - school bus revenue............................. 4,200
Auto theft prevention fund............................. 3,800
Senate Bill No. 238 as amended August 22, 2007
Criminal justice information center service fees....... 1,129,300
Drunk driving prevention and training fund............. 2,900
Forensic science reimbursement fees.................... 1,128,400
Hazardous materials center fees........................ 1,100
Michigan justice training fund......................... 221,200
Narcotics investigation revenue........................ 2,700
Nuclear plant emergency planning reimbursement......... 4,900
Precision driving track fees........................... 300
Secondary road patrol and training fund................ 86,800
Sex offender registration fund......................... 208,500
State forensic laboratory fund......................... 347,500
State police service fees.............................. 7,500
Truck driver safety fund............................... 2,400
Reimbursed services.................................... 8,100
Motor carrier fees..................................... 628,600
State general fund/general purpose..................... $ 18,481,800
<<Sec. 115. BUDGETARY SAVINGS
Budgetary savings...................................... $ (7,225,500)
GROSS APPROPRIATION.................................... $ (7,225,500)
Appropriated from:
State general fund/general purpose.................... . $ (7,225,500)>>
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 2007-2008 is <<$377,823,900.00>> and state
spending from state resources to be paid to local units of
government for fiscal year 2007-2008 is $20,594,700.00. 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.......................... $ 13,889,600
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Training only to local units........................... $ 650,200
Justice training grants................................ 5,528,100
SPECIAL INVESTIGATIONS
Fire investigation training for locals................. 50,000
SUPPORT SERVICES
Communications......................................... $ 476,800
Total.................................................. $ 20,594,700
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.
(c) "DHS" means the United States department of homeland
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.
Senate Bill No. 238 as amended August 22, 2007
(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.
(s) "MPSCS" means the Michigan public safety communications
system.
Sec. 204. The department of civil service shall bill
departments and agencies 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) A hiring freeze is imposed on the state classified
civil service. State departments and agencies are prohibited from hiring
employees into the classified state civil service or unclassified
positions within the executive branch of state government; creating new
positions within the classified state civil service or new unclassified
positions; and filling new or existing vacant positions by external hire
from outside of state government, transfer or promotion between state
departments or agencies, or internal promotions within a department or
Senate Bill No. 238 as amended August 22, 2007 (1 of 2)
agency. The hiring freeze described in this section applies regardless of
the fund source financing the position but does not apply to appointments
required by law.
(2) The state budget director may grant exceptions to the hiring
freeze if 1 or more of the following apply:
(a) The creation of a position or filling a vacant position by any
method is required by legal mandate, federal mandate, or court order.
(b) The creation of a position or filling a vacant position by any
method is necessary to protect the health or safety of Michigan citizens.
(c) The creation of a position or filling a vacant position by any
method is necessary to produce budgetary savings or to protect existing
state revenue or secure additional state revenue.
(d) The creation of a position or filling a vacant position by any method is necessary to provide for the basic daily living requirements of residents of a state institution or facility.
(3) The state budget director shall report quarterly to the chairpersons of the senate and house of representatives standing committees on appropriations and the respective fiscal agencies the number of exceptions to the hiring freeze approved for each state department or agency during the immediately preceding quarter and the reasons to justify the exception.
(4) The attorney general and secretary of state may grant exceptions to the hiring freeze for their respective departments under the same criteria that the state budget director is able to grant exceptions.>>
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
Senate Bill No. 238 as amended August 22, 2007
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 quality. In addition, preference
should be given to goods or services, or both, that are manufactured or
provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.>>
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, 2008, 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 2006-2007:
(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. 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) It is the intent of the legislature that every effort be
made to identify funding sufficient to conduct a trooper school for
the purpose of working toward the goal of establishing a minimum
at-post trooper strength of 1,075 in this state.
(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, 2007,
March 1, 2008, June 1, 2008, and September 1, 2008 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. (1) 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.
(2) Not later than May 1, 2008, the department shall deliver
to the house and senate appropriations subcommittees on state
police and military and veterans affairs and the house and senate
fiscal agencies a report on the additional costs incurred by the
department in each locality for providing the services described in
subsection (1) during the first 6 months of the fiscal year 2007-
2008.
Sec. 223. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2008 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.
(c) The travel is necessary to produce budgetary savings or to
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 senate and house of representatives standing committees on
appropriations.
(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 senate and house of
representatives standing committees on appropriations, 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.
(c) The dates 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.
Sec. 225. It is the intent of the legislature that the
administration, working with the MCOLES, continue the long-held
practice that all revenue made available to the department from the
Michigan justice training fund be used solely for costs directly
related to the delivery of Michigan justice training fund grants,
so that in the future, eligible entities as provided under 1982 PA
302, MCL 18.421 to 18.429, will have a stable and accurate source
of training funds.
Sec. 226. The department of state police, in cooperation with
the department of information technology and others, shall take
steps to encourage the development of state, local, and regional
tactical interoperable communication plans with the ultimate goal
being to ensure that effective and efficient communication
interoperability between radio communication systems of local,
regional, state, and federal agencies is established in every area
of the state. The department shall provide a written report to the
senate and house appropriations subcommittees on state police and
military and veterans affairs no later than April 1, 2008 on the
current status of reaching this objective. The report shall include
an accounting of exactly where within the state desired
interoperability has been achieved and what cooperative measures
and use of technology were used to achieve this interoperability,
and which areas of the state have not yet achieved such status. The
report shall also include a description of what strategies need to
be employed to ensure that the remaining areas of the state, and
the state as a whole, will have a communication system with
efficient and effective interoperability, particularly on occasions
when a multijurisdictional response to an emergency is warranted.
Sec. 227. (1) From the funds appropriated in part 1, the
department of state police is prohibited from transporting
employees of institutions of higher education on state-owned
aircraft.
(2) From the funds appropriated in part 1, the department is
prohibited from transporting legislators or legislative staff on
state-owned aircraft without prior approval from the senate
majority leader or the speaker of the house of representatives, or
both.
(3) From the funds appropriated in part 1, the department is
prohibited from transporting local government employees on state-
owned aircraft.
(4) It is the intent of the legislature that state elected
officials use commercial or other private air service, unless air
travel on state-owned aircraft is part of official state business.
(5) This section shall not apply to transportation that is
related to law enforcement or homeland security activities.
Sec. 230. The unexpended and unencumbered balance of the
appropriation for the department contained in 2006 PA 345 shall be
used toward the establishment of a trooper school. The funds shall
be available for appropriation in the fiscal year ending September
30, 2008.
Sec. 232. The department shall place emphasis on recruiting
MCOLES certified police officers for the trooper recruit school.
Emphasis shall be given in the hiring process to those officers who
are on layoff and possess valid MCOLES certification. Any emphasis
given in the recruiting and selection process shall be consistent
with the department's hiring standards and in accordance with civil
service rules. The department shall report to the chairpersons of
the senate and house of representatives standing committees on
appropriations the results of its recruitment and selection
process, including the actual number of certified officers selected
for any recruit school that is held by September 30, 2008.
Sec. 233. The appropriation in part 1 for a law enforcement
resource study shall be used to contract with a nationally
recognized law enforcement research entity to prepare a study that
examines the law enforcement needs of each state police district of
this state. The study shall provide information concerning the
police patrol and response needs within each state police district
of this state, baseline coverage recommendations, and information
concerning what would be required in terms of personnel and
resources to meet the recommendations. The study shall include an
inventory of all levels of existing police resources for a given
area and how those resources could most efficiently be allocated to
achieve the recommendations, along with the amount of any
additional resources that may be needed.
Sec. 234. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general.
Sec. 235. (1) If a spending plan for the funds appropriated in
part 1 for dignitary protection, or sources of financing related to
the spending plan, do not provide the level of program service
provided for in the current fiscal year, the funds appropriated in
part 1 for post uniform services or forensic sciences shall not be
used to fund the shortfall.
(2) If a spending plan for the funds appropriated in part 1
for dignitary protection, or sources of financing related to the
spending plan, are in excess of that necessary to provide the level
of program service provided for in the current fiscal year, the
department shall take steps to transfer whatever excess funding may
exist to the funds appropriated in part 1 for post uniform services
and forensic sciences.
Sec. 236. (1) The department shall report no later than April
1, 2008 on each specific policy change made to implement enacted
legislation to the senate and house appropriations subcommittees on
the department budget, the senate and house standing committees on
the department budget, the chairperson of the joint committee on
administrative rules, and the senate and house fiscal agencies and
policy offices.
(2) Funds appropriated in part 1 shall not be used to prepare
regulatory plans or promulgate rules that fail to reduce the
disproportionate economic impact on small businesses pursuant to
section 40 of the administrative procedures act of 1969, 1969 PA
306, MCL 24.240.
Sec. 237. From the funds appropriated in part 1, the
department shall maintain, for the full 2007-08 fiscal year, either
Senate Bill No. 238 as amended August 22, 2007
the operation of each Michigan state police post which was in
operation as of April 2, 2007, or an alternative work station in
the vicinity of a current Michigan state police post.
Sec. 238. The department of management and budget shall work
with the department of state police to reduce building operations
and leasing costs for all Michigan state police facilities and to
identify efficiencies and savings.
<<Sec. 239. Appropriation authorization adjustments required due to negative appropriations for budgetary savings shall be made only after the approval of transfers by the legislature under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.>>
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, departments and agencies 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, 2008.
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, 2007.
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, 2008, 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.
Sec. 308. The department of state police shall report any LEIN
fee increase to the senate and house appropriations subcommittees
on state police and military and veterans affairs 60 days prior to
the effective date of that increase. The report shall contain the
following information: the current fee structure and the total
revenue earned each year; the new fee structure and the total
revenue it is expected to earn annually; the total annual cost of
the LEIN system; and the total amount of LEIN fees paid by the
department under both the old and the new structure.
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.
Sec. 603. The appropriation in part 1 for mental health
awareness training shall be made available as grants to local law
enforcement agencies for training law enforcement officers in
effective and safe ways of assisting people with mental illness and
directing people with mental illness to treatment programs.
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. 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.
POST 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.
STATEWIDE FIELD OPERATIONS
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.
SPECIAL INVESTIGATIONS
Sec. 1101. (1) There is sufficient money appropriated in part
1 to special 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. Special 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. From the funds appropriated in part 1 for special
investigations, the department shall provide a report to the
chairpersons of the senate and house of representatives standing
committees on appropriations no later than April 1, 2008 concerning
methamphetamine-related criminal activities.
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, 2008 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 2007:
(a) The number of buses and vehicles inspected by the
department.
(b) The number of buses and vehicles passing and failing
inspection.
(c) The estimated number of buses and vehicles not inspected.
(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
system.