DEPARTMENT OF STATE POLICE
 
SPECIAL OPERATIONS DIVISION
 
DRUNK DRIVING PREVENTION EQUIPMENT AND TRAINING FUND
 
Filed with the secretary of state on
 
These rules become effective take effect immediately after upon filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.
 
(By authority conferred on the department of state police by section 625h of the Michigan vehicle code, 1949 PA 300, MCL 257.625hAct No. 300 of the Public Acts of 1949, as amended, being S257.625h of the Michigan Compiled Laws)
 
R 257.991, R 257.992, R 257.993, R 257.994, and R 257.996 of the Michigan Administrative Code are amended, as follows:
 
R 257.991  Definitions.
  Rule 1. As used in these rules:
  (a) "Act" means Act No.the Michigan vehicle code, 1949 PA 300, of the Public Acts of 1949, as amended, being sect. 257.1 et seq. of the Michigan Compiled Laws MCL 257.1 to 257.923.
  (b) "Breath alcohol test instrument" means an evidential breath-testing device that indicates a specific breath alcohol concentration expressed as grams of alcohol per 210 liters of breath.
  (c) "Department" means the department of state police.
  (d) "Fund" means the drunk driving prevention equipment and training fund described in section 625h of the act, MCL 257.625h.
  (e) "OtherPreliminary breath alcohol test instrument" means a breath alcohol testing screening device which is used either alone or in conjunction  with  a  breath  alcohol test instrument and which may  indicate that indicates either  a  specific  breath  alcohol concentration or the presence or absence of alcohol in the individual’s breath.
 
R 257.992  Fund.
  Rule 2.  (1) The department shall allocate sufficient money from the fund to cover the following: salaries and other necessary expenses to administer the fund.
   (a)  The salaries and other necessary expenses to administer the fund.
   (b)  The acquisition and maintenance of breath alcohol test instruments, supplies, and accessories.
   (c)  The training required for law enforcement personnel on the use of breath alcohol testing instruments.
  (2) The department shall may allocate fund money for the acquisition of preliminary breath alcohol test instruments, supplies, and accessories. all  of the following:
  (a) Breath alcohol test instruments.
  (b) Other breath alcohol test instruments.
  (c) Accessories and supplies for the instruments.
 
R 257.993  Purchase of breath alcohol test instruments.
  Rule 3.  The department shall purchase, maintain, and retain ownership of, breath alcohol test instruments. At least 1 breath alcohol test instrument must be placed in each county at a location determined by the department. Additional instruments must be placed, maintained, or moved by the department according to considerations including, but not limited to, population density, proximity of additional instruments, historical usage, instrument accessibility, and the department’s ability to adequately maintain the instruments.  and shall distribute them as follows:
  (a) To the Detroit metropolitan area as follows:
  (i) One instrument to each county.
  (ii) One instrument to each Detroit police department precinct.
  (iii) One instrument to each lockup facility.
  (iv) One instrument to any location that has conducted  a minimum  of 100 tests for each current instrument in a 12-month period.
  (b) To the outstate area as follows:
  (i) One instrument to each county.
  (ii) One instrument to any location that has conducted  a  minimum  of  250 tests for each current instrument in a 12-month period.
  (iii) One instrument to each lockup facility.
 
R 257.994  Maintenance of equipment.
  Rule 4.  The department shall manage contract for and pay for the maintenance of instruments that are purchased from the fund.
 
R 257.996  Purchase of other preliminary breath alcohol test instruments.
  Rule 6.  (1) The department shall evaluate and designate preliminary  other  breath alcohol test instruments that can be purchased by all law enforcement agencies in this state.
  (2) The department may expend fund money as grants to law enforcement agencies for preliminary other breath alcohol test instruments, including the maintenance of the instruments. The following agencies may apply for preliminary other breath alcohol test instruments:
   (a) The department.
   (b) County sheriff departments.
   (c) Local law enforcement agencies.
  (3) An agency shall submit an application for grant funding to the department on the form and in the manner prescribed by the department.  The completed application shallmust contain all of the information required by the department.
  (4) The department shall may distribute preliminary other breath alcohol test instruments as follows:
   (a) A certified law enforcement agency that does not have any instruments must shall receive at least 1 instrument.
   (b) The ratio of distribution of fund money among the department, sheriff departments, and local agencies shall must be based upon the ratio of marked patrol vehicles at the department, sheriff departments, and local agencies.
   (c) The department shall allocate money from the fund each fiscal year for other breath alcohol test instruments.