DEPARTMENT OF STATE POLICE

                        SPECIAL OPERATIONS DIVISION

           DRUNK DRIVING PREVENTION EQUIPMENT AND TRAINING FUND


(By authority conferred on the department of state police by section  625h of 
Act No. 300 of the Public Acts of 1949, as amended, being S257.625h   of  the 
Michigan Compiled Laws)


R 257.991 Definitions.
  Rule 1. As used in these rules:
  (a) "Act" means Act No. 300 of the Public Acts of 1949, as  amended,  being 
sect. 257.1 et seq. of the Michigan Compiled Laws.
  (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.
  (e) "Other breath alcohol test instrument" means a breath  alcohol  testing 
device which is used either alone or in conjunction  with  a  breath  alcohol 
test instrument and which may  indicate  either  a  specific  breath  alcohol 
concentration or the presence or absence of alcohol in the breath.

  History:  1992 AACS; 1997 AACS.


R 257.992 Fund.
  Rule 2. (1) The department shall allocate sufficient money from the fund to 
cover salaries and other necessary expenses to administer the fund.
  (2) The department shall allocate fund money for the acquisition of all  of 
the following:
  (a) Breath alcohol test instruments.
  (b) Other breath alcohol test instruments.
  (c) Accessories and supplies for the instruments.

  History:  1992 AACS; 1997 AACS.


R 257.993 Purchase of breath alcohol test instruments.
  Rule 3. The department shall purchase,  and  retain  ownership  of,  breath 
alcohol test 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.

  History:  1992 AACS; 1997 AACS.


R  257.994   Maintenance of equipment.
  Rule 4. The department shall contract for and pay for  the  maintenance  of 
instruments that are purchased from the fund.

  History:  1992 AACS.


R  257.995 Training.
  Rule 5. The department shall coordinate instructor and operator training on 
the use of all instruments purchased from the fund. Fund monies may  be  used 
to pay  for  training  if  money  is  available  after  all  instruments  and 
maintenance contract costs are paid. Michigan law enforcement agencies  other 
than the department shall pay all of the wages and benefits  of  the  persons 
from their own agencies who attend training.

  History:  1992 AACS; 1997 AACS.


R 257.996 Purchase of other breath alcohol test instruments.
  Rule 6. (1) The  department  shall  evaluate  and  designate  other  breath 
alcohol test instruments.
  (2) The department may expend fund  money  as  grants  to  law  enforcement 
agencies for other breath alcohol test instruments, including the maintenance 
of the instruments. The following agencies may apply for 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 shall contain all of the information  required  by  the 
department.
  (4) The department shall distribute other breath alcohol  test  instruments 
as follows:
  (a) A certified law enforcement agency that does not have  any  instruments 
shall receive at least 1 instrument.
  (b) The ratio of distribution of fund money among the  department,  sheriff 
departments, and local agencies shall 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.

  History:  1992 AACS; 1997 AACS.