SB-0776, As Passed Senate, April 29, 2014
SUBSTITUTE FOR
SENATE BILL NO. 776
A bill to make appropriations for the department of state
police for the fiscal year ending September 30, 2015; and to
provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in part 2, the
amounts listed in this part for the department of state police are
appropriated for the fiscal year ending September 30, 2015, from
the funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........ 3,070.0
GROSS APPROPRIATION.................................... $ 638,563,400
Total interdepartmental grants and intradepartmental
transfers............................................ 26,233,200
Schedule of interdepartmental grant revenue sources:
IDG, training academy charges............... 2,814,400
IDG-MDOC, contract............................ 340,100
IDG-MDOS...................................... 364,500
IDG-MDOT, state trunkline fund............. 11,433,400
IDG-MDTR, casino gaming fees................ 6,134,100
IDG-MDTR, emergency telephone fund
coordinator.................................. 677,000
IDG-MDTR, emergency telephone fund
operations................................... 742,200
IDT, auto theft funds......................... 761,000
IDT, Michigan justice training fund......... 1,050,000
IDT, truck safety fund...................... 1,916,500
ADJUSTED GROSS APPROPRIATION........................... $ 612,330,200
Total federal revenues................................. 99,429,900
Schedule of federal revenue sources:
DHS........................................ 51,914,400
DOJ........................................ 14,184,700
DOJ interest bearing........................ 8,141,600
DOT........................................ 23,563,700
Federal investigations – reimbursed
services................................... 1,088,300
Federal narcotics investigation revenues...... 537,200
Total local revenues................................... 4,861,700
Schedule of local revenue sources:
Local - AFIS fees.............................. 82,000
Local - LEIN fees........................... 1,023,500
Local - reimbursed services................. 2,064,700
Local - school bus revenue.................. 1,691,500
Total private revenues................................. 77,200
Schedule of private revenue sources:
Private donations.............................. 77,200
Total state restricted revenues........................ 124,800,000
Schedule of state restricted revenues:
Auto theft prevention fund.................. 7,289,400
Criminal justice information center
service fees.............................. 18,333,800
Concealed weapons enforcement fee............. 100,000
Drunk driving prevention and training fund.. 1,402,200
Forensic science reimbursement fees......... 1,483,300
Forfeiture funds............................... 93,500
Hazardous materials training center fees.... 1,167,100
Highway safety fund........................ 12,906,800
Licensing fees.................................. 9,100
Michigan justice training fund.............. 8,491,600
Michigan merit award trust fund............... 793,900
Motor carrier fees.......................... 4,687,600
Narcotics investigation revenues.............. 814,600
Nuclear plant emergency planning
reimbursement.............................. 2,671,900
Precision driving track fees.................. 323,500
Reimbursed services........................... 752,900
Rental of department aircraft.................. 59,400
Secondary road patrol and training fund.... 12,275,900
Sex offender registration fund................ 609,800
State forensic laboratory fund.............. 1,767,600
State police service fees................... 2,288,700
State services fee fund..................... 7,990,900
Tobacco tax revenue......................... 4,438,600
Traffic crash revenue......................... 335,400
Traffic law enforcement and safety fund.... 26,732,000
Trooper school recruitment fund............... 901,100
Truck driver safety fund.................... 2,018,600
State general fund/general purpose..................... $ 383,161,400
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose.................................. 364,600,200
One-time state general fund/general
purpose................................... 18,561,200
Sec. 102. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........... 37.0
Unclassified positions................................. $ 724,700
Executive direction.................................... 5,633,100
GROSS APPROPRIATION.................................... $ 6,357,800
Appropriated from:
Interdepartmental grant revenues....................... 44,600
State restricted revenues.............................. 872,700
State general fund/general purpose..................... $ 5,440,500
Schedule of programs:
Executive direction......................... 3,068,200
Special operations and events............... 2,564,900
Sec. 103. DEPARTMENTAL SERVICES
Full-time equated classified positions........... 46.0
Departmental services.................................. $ 64,453,800
GROSS APPROPRIATION.................................... $ 64,453,800
Appropriated from:
Interdepartmental grant revenues....................... 715,600
Federal revenues....................................... 1,298,000
Local revenues......................................... 1,117,300
State restricted revenues.............................. 11,261,700
State general fund/general purpose..................... $ 50,061,200
Schedule of programs:
Support services........................... 40,550,300
Information technology services and
projects.................................. 23,903,400
Emergency information program..................... 100
Sec. 104. LAW ENFORCEMENT SERVICES
Full-time equated classified positions.......... 209.0
Law enforcement services............................... $ 55,744,300
GROSS APPROPRIATION.................................... $ 55,744,300
Appropriated from:
Interdepartmental grant revenues....................... 6,155,200
Federal revenues....................................... 12,511,100
State restricted revenues.............................. 27,859,500
State general fund/general purpose..................... $ 9,218,500
Schedule of programs:
Training................................... 12,675,900
Establishing and maintaining law enforcement
standards................................. 27,187,500
Criminal history systems................... 15,880,900
Sec. 105. PUBLIC SAFETY
Full-time equated classified positions........ 1,666.0
Uniform services....................................... $ 246,573,000
GROSS APPROPRIATION.................................... $ 246,573,000
Appropriated from:
Interdepartmental grant revenues....................... 758,000
Federal revenues....................................... 1,088,300
Local revenues......................................... 2,064,700
State restricted revenues.............................. 41,678,400
State general fund/general purpose..................... $ 200,983,600
Schedule of programs:
Traffic safety and enforcement............ 243,495,300
Security at events............................ 500,000
Capitol security............................ 2,577,700
Sec. 106. INVESTIGATIVE SERVICES
Full-time equated classified positions.......... 621.0
Specialized services................................... $ 104,872,000
GROSS APPROPRIATION.................................... $ 104,872,000
Appropriated from:
Interdepartmental grant revenues....................... 5,959,200
Federal revenues....................................... 11,757,900
State restricted revenues.............................. 20,073,800
State general fund/general purpose..................... $ 67,081,100
Schedule of programs:
Criminal investigations.................... 49,430,300
Tobacco tax fraud investigations............ 5,226,400
Fire investigations......................... 2,059,500
Laboratory operations...................... 32,139,600
DNA analysis program........................ 8,418,100
Biometrics and identification............... 7,598,100
Sec. 107. SPECIALIZED SERVICES
Full-time equated classified positions.......... 491.0
Specialized services................................... $ 140,751,300
GROSS APPROPRIATION.................................... $ 140,751,300
Appropriated from:
Interdepartmental grant revenues....................... 12,600,600
Federal revenues....................................... 75,420,000
Local revenues......................................... 1,679,700
Private revenues....................................... 77,200
State restricted revenues.............................. 19,158,500
State general fund/general purpose..................... $ 31,815,300
Schedule of programs:
Specialty teams............................ 26,370,600
Motor carrier enforcement.................. 27,704,900
State emergency center operations and
preparedness.............................. 59,478,300
Highway safety planning and awareness...... 16,131,400
Secondary road patrol program.............. 11,066,100
Sec. 108. ONE-TIME BASIS ONLY APPROPRIATIONS
At-post troopers - trooper school...................... $ 5,700,000
Emergency response team vehicle replacement............ 225,000
Motor carrier officer school........................... 2,022,300
Aviation support – helicopter purchase................. 4,932,000
LEIN language conversion............................... 350,000
Electronic warrant..................................... 750,000
Michigan international speedway traffic control........ 831,900
Local public safety initiative......................... 5,000,000
GROSS APPROPRIATION.................................... $ 19,811,200
Appropriated from:
State restricted revenues.............................. 1,250,000
State general fund/general purpose..................... $ 18,561,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2014-2015 is $507,961,400.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $20,205,600.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Law enforcement services............................... $ 3,576,400
Schedule of programs:
Establishing and maintaining law enforcement standards. 3,576,400
Specialized services................................... 11,629,200
Schedule of programs:
Specialty teams........................................ 673,800
Secondary road patrol program.......................... 10,955,400
Local public safety initiative......................... 5,000,000
TOTAL.................................................. $ 20,205,600
Sec. 202. The appropriations authorized under part 1 are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "AFIS" means the automated fingerprint identification
system.
(b) "CJIC" means the criminal justice information center.
(c) "Department" means the department of state police.
(d) "DHS" means the United States department of homeland
security.
(e) "DNA" means deoxyribonucleic acid.
(f) "DOJ" means the United States department of justice.
(g) "DOT" means the United States department of
transportation.
(h) "DTMB" means the department of technology, management, and
budget.
(i) "FEMA" means the federal emergency management agency.
(j) "FTE" means full-time equated.
(k) "IDG" means interdepartmental grant.
(l) "IDT" means intradepartmental transfer.
(m) "LEIN" means the law enforcement information network.
(n) "MCOLES" means Michigan commission on law enforcement
standards.
(o) "MDCH" means the Michigan department of community health.
(p) "MDOC" means the Michigan department of corrections.
(q) "MDOS" means the Michigan department of state.
(r) "MDOT" means the Michigan department of transportation.
(s) "MDTR" means the Michigan department of treasury.
(t) "MPSCS" means Michigan public safety communications
system.
(u) "Subcommittees" means all members of the subcommittees of
the senate and house standing committees on appropriations with
jurisdiction over the budget for the department.
(v) "Work project" means a group of activities featuring a
fixed duration, budget, and scope that is expected to cause a
measurable change in the delivery, efficiency, or effectiveness of
1 or more operations.
Sec. 204. The following shall constitute the appropriations
from part 1 for interdepartmental grant funds received by the
department from sources outside the department: $2,814,400.00 from
training academy charges; $340,100.00 from the department of
corrections contract; $364,500.00 from the department of state;
$11,433,400.00 from the department of transportation - state
trunkline funds; $6,134,100.00 from casino gaming fees; $677,000.00
from the department of treasury - emergency telephone fund
coordinator; and $761,000.00 from the department of treasury -
emergency telephone fund operations.
Sec. 205. (1) The following shall constitute the
appropriations from part 1 for interdepartmental grant funds made
from the department to other departments: $1,312,800.00 to the
department of environmental quality; $162,900.00 to the department
of attorney general - justice training competitive grant;
$814,400.00 to the judiciary - justice training competitive grant;
$352,700.00 to the department of attorney general - operations;
$100,000.00 to the department of military and veterans affairs -
homeland security grant; and $23,903,400.00 to DTMB - information
technology services and projects.
(2) Based on the availability of federal funding and the
demonstrated need as indicated by applications submitted to the
state court administrative office, the department shall provide
$1,500,000.00 in Byrne justice assistance grant program funding to
the judiciary by interdepartmental grant.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website that is accessible by the public at no cost that includes,
but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. The department and agencies receiving appropriations
in part 1 shall use the Internet to fulfill the reporting
requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality. In addition,
preference shall be given to goods or services, or both, that are
manufactured or provided by Michigan small businesses that have
veterans compose at least 35% of their total workforce. As used in
this section:
(a) "Veteran" means that term as defined in section 261 of the
management and budget act, 1984 PA 431, MCL 18.1261.
(b) "Small business" means that term as defined in section 7a
of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 210. The department shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both, for
the department. The director of the department shall strongly
encourage firms with which the department contracts to subcontract
with certified businesses in depressed and deprived communities for
services or supplies, or both.
Sec. 212. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department and agencies receiving appropriations
in part 1 may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 215. A department or state agency shall not take
disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 216. (1) Notwithstanding any other provision of this part
or part 1, the schedule of programs in part 1 lists programs which
may, but are not required to be, funded under part 1.
(2) Notwithstanding any other provisions of this article, the
schedule of revenue sources in part 1 may or may not be received
from the funding entities listed.
(3) The secondary road patrol funding is not subject to
funding flexibility and shall be funded in accordance with section
629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e.
(4) Any funding required by statute is not subject to funding
flexibility and shall be funded in accordance with that statute.
Sec. 217. The department shall improve its budgetary
efficiency pertaining to the delivery of core services by doing all
of the following:
(a) Prioritizing personnel over buildings in budgetary
efficiency considerations.
(b) Pursuing the physical or virtual consolidation of support
service functions such as information technology, human resources,
and accounting as a means of improving standardization and
efficiency.
(c) Seeking expenditure reductions whenever possible through
the streamlining of existing service delivery activities.
(d) Identifying efficiencies that can be gained via the
reduction or elimination of programs, policies, and practices which
have outlived their usefulness.
Sec. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. (1) The department shall provide quarterly reports,
beginning October 1, to the subcommittees and the senate and house
fiscal agencies, which provide the following data:
(a) A list of major work projects, including the status of
each project.
(b) The department's financial status, featuring a report of
budgeted versus actual expenditures by part 1 line item including a
year-end projection of budget requirements. If projected department
budget requirements exceed the allocated budget, the report shall
include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) A report on the performance metrics cited in this part.
(2) The department shall provide all information necessary to
validate that the requirements of this part have been achieved.
(3) The department shall provide a corrective action plan
within 30 days of a quarterly report under this section for any
requirements of this part that have not been achieved. The
department shall provide a monthly status of correction action
plans.
(4) The department shall provide a summary of fund shifts,
that have been approved by the state budget office, that have
occurred between items listed in the schedule of programs mentioned
in part 1 on a quarterly basis to the subcommittees and the senate
and house fiscal agencies.
Sec. 221. The appropriations in part 1 are for the core
services, support services, and work projects of the department,
including, but not limited to, the following core services: traffic
safety and enforcement, criminal investigations, fire
investigation, specialty teams, capitol security, state emergency
operations center and preparedness, criminal history systems,
highway safety planning and awareness, motor carrier enforcement,
forensics, training, and establishing and monitoring law
enforcement standards. As used in this section, "core service"
means that phrase as defined in section 373 of the management and
budget act, 1984 PA 431, MCL 18.1373.
Sec. 222. The department shall notify the subcommittees, the
chairpersons of the senate and house standing committees on
appropriations, and the senate and house fiscal agencies not less
than 90 days before recommending to close or consolidate any state
police posts. The notification shall include a local and state
impact study of the proposed post closure or consolidation.
Sec. 223. At least 90 days before beginning any effort to
privatize, the department shall submit a complete project plan to
the subcommittees and the senate and house fiscal agencies. The
plan shall include the criteria under which the privatization
initiative will be evaluated. The evaluation shall be completed and
submitted to the subcommittees and the senate and house fiscal
agencies within 30 months.
Sec. 224. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 226. (1) When the department provides contractual
services to a local unit of government, the department shall be
reimbursed for all costs incurred in providing the services,
including, but not limited to, retirement and overtime costs.
(2) The department shall define service cost models for those
services requiring reimbursement.
(3) Contractual services provided to an entity other than a
local unit of government may be provided by department personnel,
but only on an overtime basis outside the normal work schedule of
the personnel.
(4) This section does not apply to state agencies.
Sec. 228. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriations lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriations lapses by
major departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house appropriations committees, the subcommittees,
and the senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the subcommittees, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances,
state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2014 and
September 30, 2015.
Sec. 230. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 231. The department, in keeping with its role as the
general law enforcement agency of the state and as the law
enforcement agency of last resort for communities that are either
without local law enforcement resources or 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. 232. The department shall serve as an active liaison
between the DTMB and state, local, regional, and federal public
safety agencies to establish interoperability standards to ensure
effective communication among public safety agencies and to
facilitate the use of the MPSCS towers by those local public safety
agencies that have an interest in using the towers as a part of
their communication system. The department shall also report user
issues to the DTMB.
Sec. 233. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2015 are $121,652,900.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$66,300,300.00. Total agency appropriations for retiree health care
legacy costs are estimated at $55,352,600.00.
EXECUTIVE DIRECTION
UNCLASSIFIED POSITIONS
Sec. 301. (1) From the funds appropriated in part 1, there is
funding to support unclassified employee positions as authorized by
section 5 of article XI of the state constitution of 1963. These
positions include the following: department director, chief
administrative officer, and executive director of the Michigan
commission on law enforcement standards.
(2) Not less than 30 days prior to the department submitting a
request for an additional unclassified employee position from the
civil service commission, or for any substantive change to the
duties of an existing unclassified employee position, the
department shall notify the subcommittees and the senate and house
fiscal agencies.
EXECUTIVE DIRECTION
Sec. 302. From the funds appropriated in part 1 for executive
direction, effective and efficient administrative leadership shall
be provided to the department.
SPECIAL OPERATIONS AND EVENTS
Sec. 303. From the funds appropriated in part 1 for special
operations and events, the department shall provide effective
protection for the governor and visiting dignitaries to the state.
DEPARTMENTAL SERVICES
SUPPORT SERVICES
Sec. 401. (1) The department shall provide administrative
support for department operations.
(2) The department shall maintain the staffing and resources
necessary to ensure proper accountability of state funds.
(3) The department shall maintain the staffing and resources
necessary to adhere to the state of Michigan financial management
guide for accounting, contracting, purchasing, budgeting, and
financial reporting and the administrative guide to state
government.
(4) The department shall ensure fiscal controls relating to
procurement of goods and services and other expenditures.
INFORMATION TECHNOLOGY SERVICES AND PROJECTS
Sec. 402. The funds appropriated in part 1 for information
technology services and projects shall be used as a pass through
via an IDG to the department of technology, management, and budget
for technology services, including maintenance and repair service
and technology projects, to maximize the operational efficiency and
effectiveness of the department.
EMERGENCY INFORMATION PROGRAM
Sec. 403. (1) The appropriation in part 1 for emergency
information program (EIP) shall be used to fund a supplemental 9-1-
1 database to be used in emergency scenarios to better respond to
the particular needs of individuals in need of emergency
assistance.
(2) The EIP shall be a hosted supplemental 9-1-1 and emergency
management database and shall be available to all public safety
answer points (PSAPs) within this state.
(3) The supplemental database shall give individuals the
option to provide information to be used in emergency scenarios.
The EIP service shall do all of the following:
(a) Collect a variety of formatted data relevant to 9-1-1,
emergency management, and other public safety agencies. Among other
items, this information shall include photographs of an individual,
physical descriptions, medical conditions, allergies, household
data, primary language indicator, and emergency contacts.
(b) Allow for information to be entered by individuals via a
secure website where they can elect to provide as little or as much
information as they choose.
(c) Be compliant with all accessibility elements of section
508 of the rehabilitation act of 1973, 29 USC 798.
(d) Manage the currency of the data through an aging and
reminder process, at least twice per year, requesting community
members to keep their data up-to-date.
(e) Automatically display data provided by individuals to 9-1-
1 call takers for all types of telephones (landline, mobile, voice
over internet protocol) when a call is placed to 9-1-1 from a
registered and confirmed telephone number.
(f) Support the delivery of community member information via a
secure Internet connection to all PSAPs within this state.
(g) Provide that the services shall work across all 9-1-1 call
taking equipment in this state and allow for the easy transfer of
information into computer aided dispatch (CAD) or records
management systems (RMS).
(h) Provide decision support to emergency management through
the collection, aggregation, and visualization of community-
provided information via a hosted, web-based, geospatial interface.
(i) Allow EIP data to be made available at a city, county,
state, or national level to help protect community members in this
state wherever they are with similar EIP databases already
established within the United States.
(j) Allow local communities the ability to tailor data
collected based on their unique regional requirements.
(k) Make data available to first responders.
(l) Be designed to work in today's environment or future 9-1-1
systems.
(4) Public safety and emergency management agencies shall make
reasonable efforts to publicize the EIP. Means of publicizing the
database may include, but are not limited to, pamphlets, social
media, neighborhood watch programs, community policing programs,
television, municipal notification systems, and websites.
(5) When special needs information is made available with a 9-
1-1 call, PSAPs shall, where appropriate, relay that information to
responding personnel.
LAW ENFORCEMENT SERVICES
TRAINING
Sec. 501. (1) The department shall develop and deliver
professional, innovative, and quality training that supports the
enforcement and public safety efforts of the criminal justice
community.
(2) The department shall maintain the staffing and resources
necessary to provide educational opportunities for personal and
professional growth to a minimum of 10,000 state and local law
enforcement employees and other public safety partners.
(3) The department shall maintain the staffing and resources
necessary to provide educational opportunities for personal and
professional growth to a minimum of 3,000 community members.
(4) The department shall seek to increase its classroom
occupancy rate at the training academy with the goal of reaching
55% on an annual basis.
(5) 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.
(6) The department shall distribute and review course
evaluations to ensure quality training is provided.
(7) Beginning October 1, the department shall submit a report
to the subcommittees within 60 days of the conclusion of any
trooper recruit school. The report shall include the following:
(a) The number of veterans and the number of MCOLES-certified
police officers who commenced that trooper recruit school.
(b) The number of veterans and the number of MCOLES-certified
police officers who concluded that trooper recruit school.
(c) The devices or campaigns that were used to specifically
recruit veterans and MCOLES-certified police officers for that
trooper recruit school.
ESTABLISHING AND MAINTAINING LAW ENFORCEMENT STANDARDS
Sec. 502. (1) MCOLES shall establish standards for the
selection, employment, training, education, licensing, and
revocation of all law enforcement officers.
(2) MCOLES shall maintain the staffing and resources necessary
to provide the basic law enforcement training curriculum for law
enforcement training academy programs statewide.
(3) MCOLES shall maintain staffing and resources necessary to
update law enforcement standards within 30 days of the effective
date of any new legislation.
CRIMINAL HISTORY SYSTEMS
Sec. 503. (1) In accordance with applicable state and federal
laws and regulations, the department shall maintain a criminal
history system and the state accident data collection system in the
support of public safety and law enforcement communities in this
state.
(2) The department shall maintain the staffing and resources
necessary to adhere to 1925 PA 289, MCL 28.241 to 28.248.
(3) The department shall improve the accuracy, timeliness, and
completeness of criminal history information by conducting a
minimum of 30 outreach activities targeted to criminal justice
agencies.
(4) The department shall maintain the state accident data
collection system and make this information available to the public
at a reasonable cost. For bulk access to the accident records in
which the vehicle identification number has been collected and
computerized, the department shall make those records available to
the public at cost, provided that the name and address have been
excluded.
(5) The department shall provide fingerprint and background
check services in support of public safety and law enforcement
communities in this state.
(6) The department shall define and maintain a cost model
pertaining to providing fingerprint check services and provide that
fingerprint service fees shall be commensurate with the actual
costs of delivering this service.
(7) The department shall maintain the law enforcement
information network in support of public safety and law enforcement
communities in this state.
(8) The department shall maintain the staffing and resources
necessary to adhere to the C.J.I.S. policy council act, 1974 PA
163, MCL 28.211 to 28.215.
(9) The department shall audit criminal justice agencies as
required by federal guidelines.
(10) The department shall prepare a report to the legislature
defining a list of options to reduce the LEIN budget without
adversely impacting services to customers.
(11) The department shall oversee the sex offender registry
and its enforcement in this state.
(12) The department shall maintain the staff and resources
necessary to enforce the provision of the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.736.
(13) The sex offender registry unit shall follow up on tips
assigned to law enforcement agencies within 10 working days.
(14) The department shall fulfill its responsibilities for the
regulation of concealed pistol licensing as required under 1927 PA
372, MCL 28.421 to 28.435.
(15) The department shall provide to the legislature a report
not later than December 1, 2014 that includes all of the following:
(a) The department's actual revenue received from fees paid
for concealed pistol license (CPL) applications for fiscal year
2013-2014 and the uses of that revenue.
(b) The department's fiscal year 2013-2014 costs for
administering their responsibilities under sections 4, 5, 5a, 5b,
5c, 5d, 5e, 5m, 6, 6a, and 8 of 1927 PA 372, MCL 28.424, 28.425,
28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425m, 28.426,
28.426a, and 28.428, itemized under each section and not including
costs related to the administration of other sections of this
statute, other state statutes, or requirements of federal law.
(c) An itemization of the fiscal year 2013-2014 revenue,
source of revenue, expenditures, purpose of expenditures, and amount
remaining at the end of fiscal year 2013-2014 for the concealed
weapon enforcement fund created under section 5v of 1927 PA 372,
MCL 28.425v.
PUBLIC SAFETY
TRAFFIC SAFETY AND ENFORCEMENT
Sec. 601. (1) The department shall oversee traffic safety and
enforcement in this state.
(2) The department shall maintain the staffing and resources
necessary to make traffic contacts per patrol hours commensurate
with the service level and contact areas exhibited in fiscal year
2010-2011. There shall be no degradation of road patrol services to
any region of this state.
(3) The department shall maintain the staffing and resources
necessary to continually work to enhance traffic safety throughout
the state and shall dedicate a minimum of 320,000 hours to
statewide patrol, of which a minimum of 24,000 shall be committed
to distressed cities in this state and 4,000 shall be committed to
Belle Isle.
(4) Department enlisted personnel who are employed to enforce
traffic laws as provided in section 629e of the Michigan vehicle
code, 1949 PA 300, MCL 257.629e, shall not be prohibited from
responding to crimes in progress or other emergency situations and
are responsible for protecting every citizen of this state from
harm.
(5) The department shall maintain the staffing and resources
necessary to perform activities to maintain a 93% compliance rate
for reporting by registered sex offenders.
(6) The department shall submit a report on or before December
1 to the subcommittees and the senate and house fiscal agencies
regarding the cities in distress public safety initiative. The
report shall include, but is not limited to, the following
information for the prior fiscal year months:
(a) Statistics regarding relevant trooper schools, including
the number of applications, the number of troopers graduated, and
the cities or posts in which each of these troopers is assigned or
stationed.
(b) Statistics regarding criminal activity, including the
number of arrests made by troopers assigned to the cities in
distress, the number of traffic stops made by troopers assigned to
cities in distress, the number of parole or probation violators
arrested by troopers assigned to cities in distress, the number of
violent and assaultive crimes committed in the cities in distress,
the number of illegal drug and narcotic crimes committed in the
cities in distress, and the number of property crimes committed in
the cities in distress.
(c) Statistics regarding the number of local law enforcement
officers employed by the cities in distress.
SECURITY AT EVENTS
Sec. 602. (1) The department shall respond to potential and
imminent threats to this state's facilities, systems, and property,
and large scale recreational and major public sponsored events.
(2) The department shall use the funds appropriated in part 1
for security at events to support the department's costs associated
with the additional show-of-force, enforcement, or traffic safety
efforts during major public events within this state.
(3) From the funds appropriated in part 1 for security at
events, the department shall maintain the ability to support the
cost of 3,000 overtime hours or the financial equivalent of 3,000
overtime hours in terms of overtime, fuel, equipment, and other
costs.
CAPITOL SECURITY
Sec. 603. (1) The department shall provide security services
at the state capitol complex facilities.
(2) The department shall maintain the staff and resources
necessary to respond to emergencies at the house office building,
Farnum building, capitol parking lot, Townsend parking ramp, the
Roosevelt parking ramp, and other areas as directed.
(3) The department shall pursue federal grants to improve the
security at the capitol building.
(4) The department may develop a phased approach for improving
security at the capitol building.
(5) The department shall dedicate a minimum of 35,000 patrol
hours for the state capitol complex facilities.
INVESTIGATIVE SERVICES
CRIMINAL INVESTIGATIONS
Sec. 701. (1) The department shall identify and apprehend
criminals through criminal investigations in this state.
(2) The department shall maintain the staffing and resources
necessary to devote a comparable number of hours investigating
crimes as those performed in fiscal year 2012-2013.
(3) The department shall maintain the staffing and resources
necessary to annually meet or exceed a case clearance rate of 56%.
TOBACCO TAX FRAUD INVESTIGATION
Sec. 702. (1) The department shall provide protection to this
state, its economy, welfare, and vital state-sponsored programs
through the prevention and suppression of organized smuggling of
untaxed tobacco products in the state, through enforcement of the
tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, and
other laws pertaining to combating criminal activity in this state,
by maintaining a tobacco tax enforcement unit that will dedicate a
minimum of 16,600 hours to tobacco tax enforcement.
(2) The department shall annually provide 4 training
opportunities to local law enforcement partners with the goal of
increasing their knowledge of gambling laws, trends, and legal
issues.
(3) The department shall submit an annual report on or by
December 1 to the subcommittees, the senate and house
appropriations subcommittees on general government, and the senate
and house fiscal agencies, that details expenditures related to tax
enforcement activities for the prior fiscal year.
FIRE INVESTIGATION
Sec. 703. (1) The department shall provide fire investigation
services to citizens of this state through investigative assistance
to local law enforcement agencies.
(2) The department shall maintain the staffing and resources
necessary to maintain readiness to respond appropriately to at
least the number of requests for service that occurred in fiscal
year 2010-2011.
(3) The fire investigation unit shall be available for call
out statewide 100% of the time.
LABORATORY OPERATIONS
Sec. 704. (1) The department shall provide forensic testing
services to aid in criminal investigations.
(2) The department shall maintain the staffing and resources
necessary to provide forensic evidence with an average turnaround
time of 55 days assuming an annual caseload volume commensurate
with that received in fiscal year 2012-2013.
(3) The department shall ensure its ability to maintain
accreditation by the American society of crime laboratory
directors/laboratory accreditation board (ASCLD/LAB).
(4) The department shall implement improved methods with the
intent of reaching an average 30-day turnaround for forensic
evidence.
(5) The purpose of lab operations is to cooperate with all law
enforcement agencies within the state by providing services
including the examinations and analyses of drugs, latent prints,
firearms, tool marks, explosives, questioned documents, serological
and toxicological samples, the processing of major crime and
disaster scenes, and the providing of expert testimony in criminal
court cases.
(6) The department shall maintain the staffing and resources
necessary to provide lab operations services with a goal of
decreasing firearms backlog by 20% per year until eliminated,
assuming an annual caseload volume of 5,200 cases received.
(7) The department shall maintain the staffing and resources
necessary to provide lab operations services with a goal of
decreasing toxicology backlog by 15% per year until eliminated,
assuming an annual caseload volume of 20,000 cases received.
DNA ANALYSIS PROGRAM
Sec. 705. (1) The purpose of the DNA analysis program is to
cooperate with all law enforcement agencies within the state by
providing analysis of DNA for criminal investigations.
(2) The department shall maintain the staffing and resources
necessary to provide DNA analysis services with a goal of
decreasing backlogs by 15% per year until eliminated, assuming an
annual caseload volume of 10,500 cases received.
(3) If changes are made to the department's protocol for
retaining and purging DNA analysis samples and records, the
department shall post a copy of the protocol changes on the
department's website.
BIOMETRICS AND IDENTIFICATION
Sec. 706. (1) The purpose of the biometrics and identification
division is to cooperate with all law enforcement agencies within
the state by providing services including the specialized use of
identification databases and technologies for the purpose of
identifying criminals. This includes the use of unique
physiological characteristics, such as fingerprints, palm prints,
and DNA. The biometrics and identification division shall house and
manage the automated fingerprint identification system (AFIS) and
combined offender DNA index system (CODIS) biometric databases.
(2) The department shall maintain the staffing and resources
necessary to process fingerprint and background check services
commensurate with fiscal year 2010-2011.
(3) The department shall maintain resources and educational
outreach for the electronic submission of fingerprint information
from local law enforcement agencies and maintain at least a 97%
submission rate.
(4) The department shall maintain the staffing and resources
necessary to have a 28-day average wait time for scheduling a
polygraph examination, assuming an annual caseload received
commensurate with fiscal year 2012-2013, with a goal of achieving a
15-day average wait time.
SPECIALIZED SERVICES
SPECIALTY TEAMS
Sec. 801. (1) The department shall provide specialty services
to citizens of this state in accordance with all applicable state
and federal laws and regulations.
(2) The department shall maintain the staffing and resources
necessary to provide training to maintain readiness to respond
appropriately to at least the number of requests for specialty
services which occurred in fiscal year 2010-2011.
(3) The canine unit shall be available for call out statewide
100% of the time.
(4) The bomb squad unit shall be available for call out
statewide 100% of the time.
(5) The emergency support teams shall be available for call
out statewide 100% of the time and shall strive to achieve
acceptable response times.
(6) The underwater recovery unit shall be available for call
out statewide 100% of the time.
(7) Aviation services shall be available for call out
statewide 100% of the time, unless prohibited by weather or
unexpected mechanical breakdowns.
(8) 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.
(9) The department shall operate the Michigan intelligence
operation center as the state's federally recognized fusion center.
(10) The department shall seek to increase the number of
public and private sector contacts which receive vital homeland
security information and intelligence in order to enhance the
safety and security for citizens of this state.
MOTOR CARRIER ENFORCEMENT
Sec. 802. (1) The department shall maintain the staffing and
resources necessary to enforce the motor carrier safety laws and
regulations of the state.
(2) The department shall inspect all black and yellow school
buses annually.
(3) The department shall maintain the staffing and resources
necessary to annually inspect at least 60,000 commercial vehicles.
STATE EMERGENCY OPERATIONS CENTER AND PREPAREDNESS
Sec. 803. (1) The department shall respond to civil disorders
and natural disasters.
(2) The department shall, at a minimum, maintain readiness
including training and equipment to respond to civil disorders and
natural disasters commensurate with the capabilities of fiscal year
2010-2011.
(3) The department shall ensure public safety through the
emergency management and homeland security division by providing
public and private sector partners with timely and accurate
information and regarding critical information key resources
threats as reported to or discovered by the Michigan intelligence
operations center and increase public awareness on how to report
suspicious activity through website or telephone communications.
(4) The department shall foster, promote, and maintain
partnerships to protect this state and homeland from all hazards.
(5) The department shall maintain the staffing and resources
necessary to do all of the following:
(a) Serve approximately 105 local emergency management
preparedness programs and 88 local emergency planning committees in
this state.
(b) Operate and maintain the state's emergency operations
center and provide command and control in support of emergency
response services.
(c) Maintain readiness, including training and equipment to
respond to civil disorders and natural disasters.
(d) Perform hazardous materials response training.
(6) The department shall conduct a minimum of 3 training
sessions to enhance safe response in the event of natural or
manmade incidents, emergencies, or disasters.
(7) The state director of emergency management may expend
money appropriated under this article 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.
(8) In addition to the money appropriated in this article, the
department may receive and expend money from local, private,
federal, or state sources for the purpose of providing emergency
management training to local or private interests and for the
purpose of supporting emergency preparedness, response, recovery,
and mitigation activity. If additional expenditure authorization in
the Michigan administrative information network is approved by the
state budget office under this section, the department and the
state budget office shall notify the subcommittees and the senate
and house fiscal agencies within 10 days after the approval. The
notification shall include the amount and source and the additional
authorization, the date of its approval, and the projected use of
funds to be expended under the authorization.
(9) In addition to the funds appropriated in part 1, there is
appropriated from the disaster and emergency contingency fund up to
$800,000.00 to cover costs related to any disaster or emergency as
defined in the emergency management act, 1976 PA 390, MCL 30.401 to
30.421.
(10) Funds in the disaster and emergency contingency fund
shall not be expended unless the state budget director recommends
the expenditure and the department notifies the senate and house
appropriations committees. No later than December 1, the department
shall provide an annual report to the senate and house
appropriations committees, the senate and house fiscal agencies,
and the state budget office on the use of the disaster and
emergency contingency fund during the prior fiscal year.
(11) In the event that federal emergency management agency
(FEMA) reimbursement is approved for costs paid from the disaster
and emergency contingency fund, the federal revenue shall be
deposited into the disaster and emergency contingency fund.
(12) Unexpended and unencumbered funds remaining in the
disaster and emergency contingency fund at the close of the fiscal
year shall not lapse to the general fund and shall be carried
forward and be available for expenditure in subsequent fiscal
years.
HIGHWAY SAFETY PLANNING AND AWARENESS
Sec. 804. The mission of the office of highway safety planning
shall be to save lives and reduce injuries on Michigan roads
through leadership, innovation, facilitation, and program support
in partnership with other public and private organizations.
SECONDARY ROAD PATROL PROGRAM
Sec. 805. (1) The secondary road patrol program shall provide
funding to county sheriffs to patrol secondary roads. The sheriffs'
duties under the secondary road patrol program, as outlined in
section 76(2) of 1846 RS 14, MCL 51.76, are to patrol and monitor
traffic violations; to enforce the criminal laws of this state,
violations of which are observed by or brought to the attention of
the sheriff's department while patrolling and monitoring secondary
roads; to investigate accidents involving motor vehicles; and to
provide emergency assistance to persons on or near a highway or
road the sheriff is patrolling and monitoring.
(2) The office of highway safety planning shall collect from
each participating county, in their semiannual reports, the number
of hours dedicated to patrol under the secondary road patrol
program and report those hours patrolled to the subcommittees.
(3) The office of highway safety shall strive to have the
counties participating in the secondary road patrol program to be
able to report a minimum of 178,000 patrol hours achieved annually.
ONE-TIME APPROPRIATIONS
Sec. 901. The department shall maintain the staffing and
resources necessary to train at least 100 Michigan state police
trooper recruits.
Sec. 902. From the 1-time appropriation in part 1 for the
emergency response team vehicle replacement, the department shall
purchase 1 vehicle to support the emergency response team.
Sec. 903. The department shall maintain the staffing and
resources necessary to train at least 31 Michigan state police
motor carrier officer recruits.
Sec. 904. The 1-time appropriation in part 1 for aviation
support – helicopter purchase shall be used to provide patrol
segments in the area of the city of Detroit 5 times per week,
allowing existing secondary department helicopters to provide
similar patrol service to areas that may include the cities of
Flint, Pontiac, and Saginaw and to reduce the annual number of
occasions when requests for helicopter support were unable to be
met from the number of 72 in fiscal year 2012-2013.
Sec. 905. The 1-time appropriation in part 1 for LEIN language
conversion shall be used to update the language currently used by
LEIN to XML to allow LEIN messages to be in a more common language
that can be used to share information more easily with other
criminal justice partners.
Sec. 906. The 1-time appropriation in part 1 for electronic
warrant shall be to provide for a statewide information exchange
system to eliminate the redundant entry of information required to
request, approve, and issue warrants for arrest, including
information exchanged with prosecutors, courts, LEIN, criminal
history databases, the state forensic laboratory, and the state
court administrative office, designed to save the time and effort
of law enforcement personnel as compared to current procedures.
Sec. 907. The department shall provide traffic control for
events at Michigan international speedway.
Sec. 908. The 1-time appropriation in part 1 for local public
safety initiative shall be used for local public safety technology
and equipment grants with a focus on school safety without bias
toward public or private educational institutions. The governor's
council on law enforcement and reinvention shall review
applications and make award recommendations to the department. The
grants shall support the purchase and implementation of
technologies such as enhanced 9-1-1 abilities, malicious call
tracing, physical deterrents, real-time location systems, emergency
alert software, and other technologies.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, excluding appropriations designated as 1-time
appropriations and adjusting for changes in caseload and related
costs, federal fund match rates, economic factors, and available
revenue. These adjustments will be determined after the January
2015 consensus revenue estimating conference.
Sec. 1202. It is the intent of the legislature that, with the
resources provided within appropriations for fiscal year 2014-2015
and fiscal year 2015-2016, the following shall be achieved:
(a) State police trooper patrol hours shall increase by no
less than 9% from fiscal year 2014-2015 to fiscal year 2015-2016.
(b) Aviation patrol hours shall increase by 30% and the
helicopter acquired under fiscal year 2014-2015 appropriations
shall be used to provide patrol segments in the city of Detroit 5
times per week, allowing existing secondary department-owned
helicopters to provide similar patrol service to areas that may
include the cities of Flint, Pontiac, and Saginaw and shall reduce
the number of occasions when requests for helicopter support were
unable to be met from the number of 72 in fiscal year 2012-2013 to
lower than 50 for fiscal year 2015-2016.
(c) Motor carrier officer vehicle inspections shall increase
by no less than 12%.
(d) The conversion of LEIN language to XML shall result in an
increase in ease in the number of law enforcement partners that the
department communicates with and to maintain the ability to
exchange law enforcement information with the international justice
and public safety network.
(e) The establishment and use of the electronic warrant system
shall further increase the time and effort saved by the department
and other law enforcement agencies by eliminating the redundant
entry of information required to request, approve, and issue
warrants for arrest, including information exchanged with
prosecutor, courts, LEIN, criminal history databases, the state
forensic laboratory, and the state court administrative office.