Bill Text: MI HB4615 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Appropriations; zero budget; department of state police; provide for fiscal year 2019-2020. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-08-29 - Reassigned To Committee On Appropriations [HB4615 Detail]
Download: Michigan-2019-HB4615-Engrossed.html
HB-4615, As Passed House, June 11, 2019
SUBSTITUTE FOR
HOUSE BILL NO. 4615
A bill to make appropriations for the department of state
police for the fiscal year ending September 30, 2020; and to
provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of state
police for the fiscal year ending September 30, 2020, from the
following funds:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........ 3,516.0
GROSS APPROPRIATION.................................... $ 703,643,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 24,933,900
ADJUSTED GROSS APPROPRIATION........................... $ 678,710,000
Federal revenues:
Total federal revenues................................. 75,486,100
Special revenue funds:
Total local revenues................................... 4,540,200
Total private revenues................................. 35,000
Total other state restricted revenues.................. 144,105,900
State general fund/general purpose..................... $ 454,542,800
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose.................................. 450,807,300
One-time state general fund/general
purpose.................................... 3,735,500
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........... 83.0
Unclassified salaries--3.0 FTE positions............... $ 621,700
Accounting service center.............................. 1,456,200
Department services--58.0 FTE positions................ 9,028,500
Departmentwide......................................... 38,457,000
Executive direction--25.0 FTE positions................ 4,301,700
GROSS APPROPRIATION.................................... $ 53,865,100
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOC, contract................................ 26,000
IDG from MDOS.......................................... 1,400
IDG from MDOT, state trunkline fund.................... 3,900
IDG from MDTR, casino gaming fees...................... 116,200
IDG, training academy charges.......................... 170,300
IDT, auto theft funds.................................. 1,300
IDT, truck safety fund................................. 36,900
Total interdepartmental grants and intradepartmental
transfers............................................ 356,000
Federal revenues:
DHS.................................................... 100
DOJ.................................................... 5,000
DOJ, interest bearing.................................. 6,900
DOT.................................................... 338,800
Total federal revenues................................. 350,800
Special revenue funds:
Local - AFIS fees...................................... 100
Local - LEIN fees...................................... 800
Local - reimbursed services............................ 300
Total local revenues................................... 1,200
Auto theft prevention fund............................. 24,400
Criminal justice information center service fees....... 1,409,500
Drunk driving prevention and training fund............. 1,900
Forensic science reimbursement fees.................... 43,300
Hazardous materials training center fees............... 69,700
Highway safety fund.................................... 204,600
Marihuana regulatory fund.............................. 19,400
Michigan justice training fund......................... 269,800
Michigan merit award trust fund........................ 18,000
Motor carrier fees..................................... 261,300
Narcotics-related forfeiture revenue................... 15,100
Nuclear plant emergency planning reimbursement......... 21,000
Precision driving track fees........................... 800
Reimbursed services.................................... 300
Secondary road patrol and training fund................ 1,500
Sex offenders registration fund........................ 800
State forensic laboratory fund......................... 36,400
State police administrator and coordinator 911 fund.... 22,800
State police service fees.............................. 400
State services fee fund................................ 309,900
Tobacco tax revenue.................................... 99,500
Traffic law enforcement and safety fund................ 403,100
Truck driver safety fund............................... 1,300
Total other state restricted revenues.................. 3,234,800
State general fund/general purpose..................... $ 49,922,300
Sec. 103. LAW ENFORCEMENT SERVICES
Full-time equated classified positions.......... 526.0
Biometrics and identification--54.0 FTE positions...... $ 9,639,700
Criminal justice information center--132.0 FTE
positions............................................ 22,456,300
Forensic science--265.0 FTE positions.................. 45,045,500
Grants and community services--15.0 FTE positions...... 15,933,900
Local public safety grants............................. 100
State 9-1-1 administration--5.0 FTE positions.......... 1,093,900
Training--55.0 FTE positions........................... 10,618,300
GROSS APPROPRIATION.................................... $ 104,787,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOC, contract................................ 318,200
IDG from MDOS.......................................... 378,600
IDG from MDOT, state trunkline fund.................... 1,227,400
IDG, training academy charges.......................... 2,426,000
IDT, Michigan justice training fund.................... 750,000
Total interdepartmental grants and intradepartmental
transfers............................................ 5,100,200
Federal revenues:
DOJ.................................................... 6,345,100
DOJ, interest bearing.................................. 4,167,900
DOT.................................................... 2,812,200
Total federal revenues................................. 13,325,200
Special revenue funds:
Local - SRMS fees...................................... 918,300
Total local revenues................................... 918,300
Private donations...................................... 20,000
Total private revenues................................. 20,000
Auto theft prevention fund............................. 8,205,600
Criminal justice information center service fees....... 18,579,900
Drunk driving prevention and training fund............. 734,600
Forensic science reimbursement fees.................... 1,139,600
Marihuana regulation fund.............................. 557,000
Marihuana regulatory fund.............................. 259,700
Motor carrier fees..................................... 135,200
Precision driving track fees........................... 328,200
Sex offenders registration fund........................ 390,600
State forensic laboratory fund......................... 1,180,900
State police administrator and coordinator 911 fund.... 1,093,900
State services fee fund................................ 8,033,300
Traffic crash revenue.................................. 102,900
Total other state restricted revenues.................. 40,741,400
State general fund/general purpose..................... $ 44,682,600
Sec. 104. MICHIGAN COMMISSION ON LAW ENFORCEMENT
STANDARDS
Full-time equated classified positions........... 18.0
Public safety officers benefit program--1.0 FTE
position............................................. $ 302,100
Standards and training/justice training grants--17.0
FTE positions........................................ 10,995,500
Training only to local units........................... 654,500
GROSS APPROPRIATION.................................... $ 11,952,100
Appropriated from:
Federal revenues:
DOJ.................................................... 250,000
Total federal revenues................................. 250,000
Special revenue funds:
Law enforcement officers training fund................. 25,000
Marihuana regulatory fund.............................. 2,500,000
Michigan justice training fund......................... 6,939,300
Private security licensing fees........................ 5,000
Retired law enforcement officer safety fund............ 5,000
Secondary road patrol and training fund................ 654,500
Total other state restricted revenues.................. 10,128,800
State general fund/general purpose..................... $ 1,573,300
Sec. 105. FIELD SERVICES
Full-time equated classified positions........ 2,289.0
Investigative services--170.5 FTE positions............ $ 33,256,900
Post operations--2,088.5 FTE positions................. 326,286,600
Secure cities partnership--30.0 FTE positions.......... 7,798,900
GROSS APPROPRIATION.................................... $ 367,342,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDTR, casino gaming fees...................... 5,162,100
IDT, auto theft funds.................................. 794,300
Total interdepartmental grants and intradepartmental
transfers............................................ 5,956,400
Federal revenues:
DHS.................................................... 6,800
DOJ.................................................... 5,015,600
Federal forfeiture revenue............................. 544,100
Federal investigations - reimbursed services........... 1,144,900
Total federal revenues................................. 6,711,400
Special revenue funds:
Local - reimbursed services............................ 1,200,000
Total local revenues................................... 1,200,000
Criminal justice information center service fees....... 251,900
Highway safety fund.................................... 9,987,700
Marihuana regulation fund.............................. 2,197,500
Marihuana regulatory fund.............................. 2,956,600
Michigan merit award trust fund........................ 827,400
Narcotics-related forfeiture revenue................... 785,200
Nonnarcotic forfeiture revenue......................... 100,600
State police service fees.............................. 2,355,900
State services fee fund................................ 2,500,000
Tobacco tax revenue.................................... 4,649,000
Traffic law enforcement and safety fund................ 25,704,600
Trooper school recruitment fund........................ 1,100
Total other state restricted revenues.................. 52,317,500
State general fund/general purpose..................... $ 301,157,100
Sec. 106. SPECIALIZED SERVICES
Full-time equated classified positions.......... 600.0
Commercial vehicle enforcement--216.0 FTE positions.... $ 31,690,400
Emergency management and homeland security--64.0 FTE
positions............................................ 15,946,100
Hazardous materials programs--25.0 FTE positions....... 23,759,000
Highway safety planning--26.0 FTE positions............ 18,101,900
Intelligence operations--202.0 FTE positions........... 28,151,300
Secondary road patrol program--1.0 FTE position........ 11,074,300
Special operations--66.0 FTE positions................. 11,908,600
GROSS APPROPRIATION.................................... $ 140,631,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, state trunkline fund.................... 10,413,600
IDG from MDTMB......................................... 665,100
IDG from MDTR, public safety answer point training 911
fund................................................... 100,000
IDT, truck safety fund................................. 1,950,600
Total interdepartmental grants and intradepartmental
transfers............................................ 13,129,300
Federal revenues:
DHS.................................................... 31,205,700
DOT.................................................... 22,922,800
Total federal revenues................................. 54,128,500
Special revenue funds:
Local - school bus revenue............................. 1,742,700
Total local revenues................................... 1,742,700
Private donations...................................... 15,000
Total private revenues................................. 15,000
Hazardous materials training center fees............... 750,000
Marihuana regulation fund.............................. 245,500
Marihuana regulatory fund.............................. 376,800
Motor carrier fees..................................... 7,783,100
Nuclear plant emergency planning reimbursement......... 2,638,000
Reimbursed services.................................... 1,032,900
Rental of departmental aircraft........................ 50,000
Secondary road patrol and training fund................ 11,074,300
State police dispatch operator 911 fund................ 681,900
Truck driver safety fund............................... 3,970,300
Total other state restricted revenues.................. 28,602,800
State general fund/general purpose..................... $ 43,013,300
Sec. 107. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 21,329,500
GROSS APPROPRIATION.................................... $ 21,329,500
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOS.......................................... 3,800
IDG from MDOT, state trunkline fund.................... 258,400
IDG from MDTR, casino gaming fees...................... 96,800
IDG, training academy charges.......................... 12,200
IDT, auto theft funds.................................. 3,400
IDT, truck safety fund................................. 17,400
Total interdepartmental grants and intradepartmental
transfers............................................ 392,000
Federal revenues:
DHS.................................................... 89,500
DOJ.................................................... 435,300
DOT.................................................... 195,400
Total federal revenues................................. 720,200
Special revenue funds:
Local - AFIS fees...................................... 45,500
Local - LEIN fees...................................... 628,600
Local - school bus revenue............................. 3,900
Total local revenues................................... 678,000
Auto theft prevention fund............................. 4,600
Criminal justice information center service fees....... 7,568,000
Drunk driving prevention and training fund............. 2,800
Forensic science reimbursement fees.................... 57,000
Highway safety fund.................................... 76,300
Michigan justice training fund......................... 319,300
Michigan merit award trust fund........................ 4,600
Motor carrier fees..................................... 299,900
Nuclear plant emergency planning reimbursement......... 6,100
Sex offenders registration fund........................ 170,200
State forensic laboratory fund......................... 130,300
State police administrator and coordinator 911 fund.... 4,000
State police dispatch operator 911 fund................ 51,700
State services fee fund................................ 61,500
Tobacco tax revenue.................................... 22,600
Traffic crash revenue.................................. 185,200
Traffic law enforcement and safety fund................ 116,500
Total other state restricted revenues.................. 9,080,600
State general fund/general purpose..................... $ 10,458,700
Sec. 108. ONE-TIME APPROPRIATIONS
First responder communications network................. $ 100
In-car streaming....................................... 766,600
Michigan International Speedway traffic control........ 600,000
Trooper school......................................... 2,368,800
GROSS APPROPRIATION.................................... $ 3,735,500
Appropriated from:
State general fund/general purpose..................... $ 3,735,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2019-2020 is $598,648,700.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2019-2020 is $14,078,700.00. The itemized statement
below identifies appropriations from which spending to local units
of government will occur:
DEPARTMENT OF STATE POLICE
Local public safety grants........................... $ 100
Standards and training/justice training grants....... 2,460,500
Training only to local units......................... 654,500
Secondary road patrol program........................ 10,963,600
TOTAL.................................................. $ 14,078,700
Sec. 202. The appropriations authorized under this part and
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) "CJIS" means Criminal Justice Information Systems.
(b) "Core service" means that term as defined in section 373
of the management and budget act, 1984 PA 431, MCL 18.1373.
(c) "Department" means the department of state police.
(d) "Director" means the director of the department.
(e) "DNA" means deoxyribonucleic acid.
(f) "DTMB" means the department of technology, management, and
budget.
(g) "FTE" means full-time equated.
(h) "IDG" means interdepartmental grant.
(i) "MCOLES" means the Michigan commission on law enforcement
standards.
(j) "Subcommittees" means the subcommittees of the senate and
house standing committees on appropriations with jurisdiction over
the budget for the department.
(k) "Support service" means an activity required to support
the ongoing delivery of core services.
Sec. 204. 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. 205. 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.
Sec. 206. The director 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. 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. 207. The department 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 senate
and house appropriations committees, the senate and house fiscal
agencies, and the state budget director. The report shall include
the following information:
(a) The dates of each travel occurrence.
(b) 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.
Sec. 208. 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 outside services that
the attorney general authorizes.
Sec. 209. 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 appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house
appropriations committees, the subcommittees, and the senate and
house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $8,500,000.00 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 $5,000,000.00 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. 211. The department shall cooperate with the DTMB to
maintain a searchable website 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. 212. 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 senate and house appropriations subcommittees chairs,
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, 2019 and September 30, 2020.
Sec. 213. 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. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2020 are estimated at $137,272,300.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $74,914,400.00. Total agency appropriations for
retiree health care legacy costs are estimated at $62,357,900.00.
Sec. 215. Based on the availability of federal funding and
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. 216. 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. 217. The department shall provide biannual reports to the
subcommittees, the senate and house fiscal agencies, and the state
budget office that 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 or information
required to be reported in this part, reasons for nonachievement of
metric targets, and proposed corrective actions.
Sec. 218. 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:
(a) State security operations.
(b) Training.
(c) MCOLES.
(d) CJIS.
(e) Forensic analysis and biometric identification.
(f) Post operations and investigative services.
(g) Special operations.
(h) Intelligence operations.
(i) Commercial vehicle regulation and enforcement.
(j) Emergency management and homeland security.
(k) Highway safety planning.
(l) Secondary road patrol program.
Sec. 219. 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 post. The notification shall include a local and state
impact study of the proposed post closure or consolidation.
Sec. 220. 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. 221. (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 services provided to state
agencies.
(5) Revenues received for contractual or reimbursed services
in excess of the appropriation in part 1 are appropriated and may
be received and expended by the department for the purposes for
which funds are received.
(6) If additional authorization is approved in the statewide
integrated governmental management application (SIGMA) by the state
budget office under this section, the department shall notify the
subcommittees and the senate and house fiscal agencies within 10
days after the approval. The notification shall include the amount
and funding source of the additional authorization, the date of its
approval, and the projected use of funds to be expended.
Sec. 222. The department shall serve as an active liaison
between the DTMB and state, local, regional, and federal public
safety agencies on matters pertaining to the Michigan public safety
communications system and shall report user issues to the DTMB.
Sec. 223. The department may establish and collect fees for
publications, videos, conferences, workshops, and related
materials. Collected fees shall be used to offset expenditures for
costs of the publications, videos, workshops, conferences, and
related materials. The department shall not collect fees under this
section that exceed the cost of the expenditures.
Sec. 224. (1) The department may accept monetary and
nonmonetary gifts, bequests, donations, contributions, or grants
from any private or public source to support, in whole or in part,
a departmental function or program. The department shall expend or
use such gifts, bequests, donations, contributions, or grants for
the purposes designated by the private or public source, if the
purpose is specified.
(2) Revenue collected by the department under this section
that is unexpended and unencumbered shall not lapse to the general
fund but shall be carried forward to the subsequent fiscal year.
Sec. 225. (1) Federal revenues authorized by and available
from the federal government in excess of the appropriations in part
1 are appropriated and may be received and expended by the
department for purposes authorized under state law and subject to
federal requirements.
(2) The department shall notify the subcommittees and the
senate and house fiscal agencies before expending federal revenues
received and appropriated under subsection (1).
(3) If additional authorization is approved in the statewide
integrated governmental management application (SIGMA) by the state
budget office under this section, the department shall notify the
subcommittees and the senate and house fiscal agencies within 10
days after the approval. The notification shall include the amount
and funding source of the additional authorization, the date of its
approval, and the projected use of funds to be expended.
Sec. 226. It is the intent of the legislature that the
department shall utilize attrition savings from the appropriations
in part 1 to conduct an attrition school during the 2019-2020
fiscal year that will graduate at least 70 new troopers.
LAW ENFORCEMENT SERVICES
Sec. 401. (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 provide performance data, as provided
under section 217 of this part, for average classroom occupancy
rate, with an annual goal of at least 55%.
(3) The department shall submit a report to the subcommittees
and the senate and house fiscal agencies within 60 days of the
conclusion of any trooper, motor carrier, or state properties
security recruit school. The report shall include the following:
(a) The number of veterans and the number of MCOLES-certified
police officers who were admitted to and the number who graduated
from the recruit school.
(b) The total number of recruits who were admitted to the
school, the number of recruits who graduated from the school, and
the location at which each of these recruits is assigned.
(4) The department shall distribute and review course
evaluations to ensure that quality training is provided.
Sec. 402. (1) In accordance with applicable state and federal
laws and regulations, the department shall maintain and ensure
compliance with CJIS databases and applications in the support of
public safety and law enforcement communities.
(2) 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.
(3) The department shall provide for the compilation of crime
statistics consistent with the uniform crime reporting (UCR)
program and the national incident-based report system (NIBRS).
(4) The department shall provide for the compilation and
evaluation of traffic crash reports and the maintenance of the
state accident data collection system.
(5) The department shall make individual traffic crash reports
available for a fee of $10.00 per incident. The department may also
sell an extract of electronic traffic crash data for a fee of $0.25
per incident, provided that the name, address, and any other
personal identifying information have been excluded.
(6) In accordance with applicable state and federal laws and
regulations, the department shall provide for the maintenance and
dissemination of criminal history records and juvenile records,
including to the extent necessary to exchange criminal history
records information with the Federal Bureau of Investigation and
other states through the interstate identification index, the
National Crime Information Center, and other federal CJIS databases
and indices.
(7) In accordance with applicable state and federal laws, the
department shall provide for the maintenance of records, including
criminal history records regarding firearms licensure.
(8) The department shall provide a report to the legislature
on concealed pistol licensing not later than December 1, 2020 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
2019-2020 and the uses of that revenue.
(b) The department's fiscal year 2019-2020 costs for
administering its concealed pistol licensing responsibilities under
1927 PA 372, MCL 28.421 to 28.435, but not including costs related
to the administration of other state statutes or requirements of
federal law.
(9) The department shall provide information on the number of
background checks processed through the internet criminal history
access tool (ICHAT), as provided in section 217 of this part.
(10) The following unexpended and unencumbered revenues
deposited into the criminal justice information center service fees
shall not lapse to the general fund, but shall be carried forward
into the subsequent fiscal year:
(a) Fees for fingerprinting and criminal record checks and
name-based criminal record checks under 1935 PA 120, MCL 28.271 to
28.274.
(b) Fees for application and licensing for initial and renewal
concealed pistol licenses under 1927 PA 372, MCL 28.421 to 28.435.
(c) Fees for searching, copying, and providing public records
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(d) Revenue from other sources, including, but not limited to,
investment and interest earnings.
(11) Unexpended and unencumbered revenue generated by state
records management system fees shall not lapse to the general fund,
but shall be carried forward into the subsequent fiscal year.
Sec. 403. (1) The department shall provide forensic testing
services to aid in criminal investigations.
(2) The department shall ensure its ability to maintain
accreditation by a federally designated accrediting agency, as
provided under 34 USC 12592.
(3) The department shall provide forensic science services
with an average turnaround time of 55 days, assuming an annual
caseload volume commensurate with that received in fiscal year
2012-2013, and shall achieve a goal of a 30-day average turnaround
time across all forensic science disciplines.
(4) The department shall provide the following data as
provided in section 217 of this part:
(a) The average turnaround time for processing forensic
evidence across all disciplines.
(b) Forensic laboratory staffing levels, including scientists
in training, and vacancies.
(c) The number of backlogged cases in each discipline.
(5) The department shall provide for the forensic testing and
analysis/profiling of DNA evidence to aid criminal investigations
by law enforcement agencies in this state.
Sec. 404. (1) The biometrics and identification division shall
house and manage the automated fingerprint identification system,
the statewide network of agency photographs, and combined offender
DNA index system biometric databases.
(2) The department shall provide data on the number of 10-
print and palm-print submissions to the database, with a goal of at
least 97% of submissions provided electronically, as provided in
section 217 of this part.
(3) 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.
(4) 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.
Sec. 405. Not later than December 1, the department shall
submit a report to the subcommittees and senate and house fiscal
agencies that includes, but is not limited to, all of the following
information:
(a) Sexual assault kit analysis backlog at the beginning of
the prior fiscal year.
(b) The number of sexual assault kits collected or submitted
for analysis during the prior fiscal year.
(c) The number of sexual assault kits analyzed and the number
of associated DNA profiles created and uploaded during the prior
fiscal year.
(d) Sexual assault kit analysis backlog at the ending of the
prior fiscal year.
(e) The average turnaround time to analyze sexual assault kits
and to create and upload associated DNA profiles for the prior
fiscal year.
Sec. 406. The department shall provide administrative support
for the following grant and community service programs:
(a) The operations of the automobile theft prevention
authority.
(b) Administration of the Edward Byrne memorial justice
assistance program and other grant programs, as well as the
department's community policing efforts.
(c) Administration of school safety grants.
Sec. 407. Not later than March 30, the department shall
provide a school safety report to the legislature and the house and
senate fiscal agencies that must include the following:
(a) The status of school safety grants issued by the grants
and community services unit, including grant amounts awarded to
each school district for school safety improvements. This
information shall also be provided on a biannual basis, as provided
under section 217 of this part.
(b) Reports of incidents of school violence or threats
reported to the state police by local law enforcement or local
school districts, or received through the Michigan incident crime
report (MICR).
(c) Reports of OK2SAY-based incidents and activities, as
provided to the department of attorney general.
(d) Based upon an evaluation of incidents of school safety and
analysis of school safety grants, recommendations on best practices
and other safety measures to ensure school safety in this state.
Sec. 408. (1) From the funds appropriated in part 1 for local
public safety grants, the department shall establish a competitive
grant program for local public safety departments.
(2) The department shall accept applications from local public
safety departments for grants, which must include matching funds,
to assist in the purchase of equipment to enhance public safety
operations.
(3) As used in this section, "local public safety departments"
means public safety departments at the county, city, village, and
township levels.
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 501. (1) MCOLES shall establish standards for the
selection, employment, training, education, licensing, and
licensing revocation of all law enforcement officers and provide
the basic law enforcement training curriculum for law enforcement
training academy programs statewide.
(2) MCOLES shall maintain staffing and resources necessary to
update law enforcement standards within 120 days of the enactment
date of any new legislation.
FIELD SERVICES
Sec. 601. (1) 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, are not prohibited from
responding to crimes in progress or other emergency situations and
are responsible for making every effort to protect all residents of
this state.
(2) The department shall maintain the staffing and resources
necessary to continually work to enhance traffic safety throughout
this state and shall dedicate a minimum of 455,200 hours to
statewide patrol, of which a minimum of 40,000 shall be committed
to distressed cities in this state. The department shall work to
improve public safety efforts within distressed cities by enhancing
data analysis capabilities and identifying crime trends and areas
with high occurrence of crime.
(3) The department shall maintain the staffing and resources
necessary to annually conduct 7,000 residence checks of registered
sex offenders.
(4) The department shall submit a report on or before April 15
to the subcommittees and senate and house fiscal agencies regarding
the secure cities partnership during the prior calendar year.
Sec. 602. (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 provide 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 62%.
(4) The department shall annually provide 4 training
opportunities to local law enforcement partners with the goal of
increasing their knowledge of gambling laws, trends, legal issues,
and opioid-related investigations.
(5) The department shall maintain the staffing and resources
necessary to increase the number of opioid-related investigations
by 20% above the number of those investigations conducted in the
2014-2015 fiscal year by multijurisdictional task forces and
hometown security teams. The department shall work to enhance
investigative and drug interdiction efforts by enhancing data
analysis capabilities and linking investigations among
multijurisdictional task forces and hometown security teams.
Sec. 603. (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 this 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,
and by maintaining a tobacco tax enforcement unit.
(2) The department shall submit an annual report on December 1
to the subcommittees, the senate and house appropriations
subcommittees on general government, the senate and house fiscal
agencies, and the state budget office that details expenditures and
activities related to tobacco tax enforcement for the prior fiscal
year.
(3) The tobacco tax enforcement unit shall dedicate a minimum
of 16,600 hours to tobacco tax enforcement.
Sec. 604. (1) The department shall provide fire investigation
training and investigative assistance to public safety agencies in
this state.
(2) The department shall maintain the staffing and resources
necessary to maintain readiness to respond appropriately to at
least the number of requests for fire investigation services that
occurred in fiscal year 2010-2011 and shall be available for call
out statewide 100% of the time.
SPECIALIZED SERVICES
Sec. 701. (1) The department shall operate the Michigan
intelligence operation center for homeland security as this state's
primary federally designated fusion center to receive, analyze,
gather, and disseminate threat-related information among federal,
state, local, tribal, and private sector partners.
(2) The department shall ensure public safety by providing
public and private sector partners with timely and accurate
information regarding critical information key resource threats as
reported to or discovered by the Michigan intelligence operations
center for homeland security and shall increase public awareness on
how to report suspicious activity through website or telephone
communications.
(3) The department shall maintain the staffing and resources
necessary to support the cyber section, including the Michigan
cyber command center, the computer crimes unit, and the internet
crimes against children task force. The department shall maintain
the staffing and resources necessary to increase the number of
cases completed by the computer crimes unit by 40% above the number
of cases completed in the 2014-2015 fiscal year. The unit shall
pursue process improvement initiatives to effectively utilize staff
resources in providing investigatory assistance and evidentiary
analysis for law enforcement and criminal justice agencies
statewide. The department shall maintain the staffing and resources
necessary to increase the Michigan cyber command center casework by
25% above the level of activity in the 2017-2018 fiscal year.
(4) The department shall maintain the staffing and resources
necessary to provide digital forensic analysis services with a goal
of decreasing backlogs of digital forensic analysis cases annually
until the department maintains a 60-day turnaround time.
Sec. 702. (1) The department shall provide specialized
services in support of, and to enhance, local, state, and federal
law enforcement operations within 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.
(6) The marine services team 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) The department shall prepare a report to the legislature
that evaluates law enforcement issues related to the use of drones,
including existing local, state, and federal laws and regulations
regarding their use, any input that the department may have to
offer as to the efficacy of those laws, and department-recommended
drone law/regulation enforcement policies that could be established
as Michigan law enforcement best practices. This report shall be
transmitted to the chairpersons of the senate and house
appropriations subcommittees and the senate and house fiscal
agencies not later than April 2, 2020.
(9) The department shall maintain the staff and resources
necessary to provide security services at the State Capitol Complex
facilities and the State Secondary Complex, as provided under
section 6c of 1935 PA 59, MCL 28.6c. The department shall also
maintain the staff and resources necessary to respond to
emergencies at the State Capitol Complex, State Secondary Complex,
House Office Building, Binsfeld Office Building, Capitol parking
lot, Townsend Parking Ramp, Roosevelt Parking Ramp, and other areas
as directed. The department shall maintain a goal of annually
conducting 35,000 property inspections of state-owned and leased
facilities.
Sec. 703. (1) The department shall maintain commercial vehicle
regulation, school bus inspections, and enforcement activities,
including enforcement of requirements concerning size, weight, and
load restrictions; operating authority; registration; fuel taxes;
transportation of hazardous materials; operations of new entrants;
and commercial driver's licenses.
(2) The department shall maintain the staffing and resources
necessary to meet inspection goals consistent with the department's
federal motor carrier assistance program activities.
(3) Revenue collected under the motor carrier act, 1933 PA
254, MCL 475.1 to 479.42, shall be expended in accordance with that
act. Unexpended and unencumbered revenues shall not lapse to the
general fund but shall be carried forward into the subsequent
fiscal year.
Sec. 704. (1) The department shall coordinate the mitigation,
preparation, response, and recovery activities of municipal,
county, state, and federal governments, and other governmental
entities, for all hazards, disasters, and emergencies.
(2) The state director of emergency management may expend
money appropriated under part 1 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 this 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 funding. The state
budget director shall review the expenditures and submit
recommendations to the legislature in regard to any possible need
for a supplemental appropriation.
(3) In addition to the funds appropriated in part 1, 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 statewide integrated governmental management application
(SIGMA) 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 of the additional authorization, the date of its
approval, and the projected use of funds to be expended under the
authorization.
(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 commensurate with
the capabilities of fiscal year 2010-2011.
(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) In addition to the funds appropriated in part 1, there is
appropriated from the disaster and emergency contingency fund an
amount necessary 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. Funds shall be expended as provided under
sections 18 and 19 of the emergency management act, 1976 PA 390,
MCL 30.418 and 30.419, and R 30.51 to R 30.61 of the Michigan
Administrative Code.
(8) Funds in the disaster and emergency contingency fund shall
not be expended unless the state budget director approves the
expenditure and the department and the state budget office notify
the senate and house appropriations committees. If expenditures are
made from the disaster and emergency contingency fund during a
month, the department shall submit monthly reports to the senate
and house fiscal agencies detailing the purpose of the
expenditures. These monthly reports shall be submitted within 30
days after the end of the month during which funds from the
disaster and emergency contingency fund were expended.
(9) Upon the declaration of a state of emergency or disaster
by the governor under section 3 of the emergency management act,
1976 PA 390, MCL 30.403, approval of the state budget director, and
notification of the subcommittees and senate and house fiscal
agencies, the director may expend funds appropriated from any
source to any line item within part 1 for the purpose of paying the
necessary and reasonable expenses incurred by the department in
responding to or mitigating the effects of any emergency or
disaster as those terms are defined in section 2 of the emergency
management act, 1976 PA 390, MCL 30.402.
(10) The department shall track and report on a biannual
basis, as provided in section 217 of this part, the status of the
department's assessment of critical infrastructure vulnerabilities,
including the protection status of critical infrastructure items
identified by the assessment.
Sec. 705. The department shall provide for the planning,
administration, and implementation of highway traffic safety
programs to save lives and reduce injuries on roads in this state,
in partnership with other public and private organizations.
Sec. 706. (1) The department shall provide funding to county
sheriff departments to patrol secondary roads.
(2) 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.
(3) By January 31, 2020, the office of highway safety planning
must coordinate with the state court administrator to issue a
report to the subcommittees, the senate and house fiscal agencies,
and the state budget director that must include the following:
(a) The total number of traffic civil infractions written
under both state law and local ordinances for which the $40.00
justice system assessment is to be assessed.
(b) Of the total number reported under subdivision (a), the
number of traffic civil infractions written under both state law
and local ordinances that the court assessed and ordered payment of
the justice system assessment.
(c) Of the number reported under subdivision (b), the number
of traffic civil infractions for which the justice system
assessment was collected and distributed to the justice system fund
created in section 181 of the revised judicature act of 1961, 1961
PA 236, MCL 600.181.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2020-2021
GENERAL SECTIONS
Sec. 1001. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2021 for
the line items listed in part 1. The fiscal year 2020-2021
appropriations are anticipated to be the same as those for fiscal
year 2019-2020, excluding appropriations designated as one-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
2020 consensus revenue estimating conference.
