Bill Text: MI SB0864 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Appropriations; zero budget; department of state police; provide for fiscal year 2018-2019. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-05-08 - Referred To Committee On Appropriations [SB0864 Detail]
Download: Michigan-2017-SB0864-Engrossed.html
SB-0864, As Passed Senate, May 3, 2018
SUBSTITUTE FOR
SENATE BILL NO. 864
(as amended May 3, 2018)
A bill to make appropriations for the department of state
police for the fiscal year ending September 30, 2019; 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, 2019, from the
following funds:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions.... <<3,491.0>>
GROSS APPROPRIATION.................................... $ <<717,384,600>>
Senate Bill No. 864 as amended May 3, 2018
Interdepartmental grant revenues:
IDG from department of corrections..................... 344,200
IDG from department of state........................... 378,500
IDG from department of technology, management, and
budget............................................... 655,400
IDG from department of transportation.................. 11,798,000
IDG from department of treasury........................ 5,440,300
IDG from other restricted funding...................... 2,601,500
Intradepartmental transfers............................ 3,530,400
Total interdepartmental grants and intradepartmental
transfers............................................ 24,748,300
ADJUSTED GROSS APPROPRIATION........................... $ <<692,636,300>>
Federal revenues:
Other federal revenues................................. 78,297,900
Total federal revenues................................. 78,297,900
Special revenue funds:
Local revenues......................................... 5,146,800
Total local revenues................................... 5,146,800
Private revenues....................................... 115,000
Total private revenues................................. 115,000
Michigan merit award trust fund........................ 846,800
Other state restricted revenue......................... 148,256,900
Total state restricted revenues........................ 149,103,700
State general fund/general purpose..................... $ <<459,972,900>>
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose.............................. <<449,215,200>>
One-time state general fund/general
purpose................................... 10,757,700
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........... 83.0
Unclassified salaries.................................. $ 598,000
Accounting service center.............................. 1,081,200
Department services--58.0 FTE positions................ 8,937,500
Departmentwide......................................... 46,073,500
Executive direction--25.0 FTE positions................ 4,241,400
GROSS APPROPRIATION.................................... $ 60,931,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 26,000
IDG from department of state........................... 1,400
IDG from department of transportation.................. 3,900
IDG from department of treasury........................ 116,200
IDG from other restricted funding...................... 176,900
Intradepartmental transfers............................ 38,200
Federal revenues:
Other federal revenues................................. 547,700
Special revenue funds:
Local revenues......................................... 6,200
Michigan merit award trust fund........................ 18,000
Other state restricted revenues........................ 6,085,500
State general fund/general purpose..................... $ 53,911,600
Sec. 103. LAW ENFORCEMENT
Full-time equated classified positions.......... 532.0
Biometrics and identification--57.0 FTE positions...... $ 9,955,500
Criminal justice information center--132.0 FTE
positions............................................ 19,876,100
Forensic science--269.0 FTE positions.................. 44,534,600
Grants and community services--19.0 FTE positions...... 16,602,600
Training--55.0 FTE positions........................... 10,576,000
GROSS APPROPRIATION.................................... $ 101,544,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 318,200
IDG from department of state........................... 373,300
IDG from department of transportation.................. 1,213,200
IDG from other restricted funding...................... 2,412,400
Intradepartmental transfers............................ 750,000
Federal revenues:
Other federal funds.................................... 12,709,100
Special revenue funds:
Local revenue funds.................................... 918,300
Private revenues....................................... 100,000
Other state restricted revenues........................ 38,952,900
State general fund/general purpose..................... $ 43,797,400
Sec. 104. MICHIGAN COMMISSION ON LAW ENFORCEMENT
STANDARDS
Full-time equated classified positions........... 18.0
Public safety officers benefit program--1.0 FTE
position............................................. $ 301,600
Standards and training/justice training grants--17.0
FTE positions........................................ 11,780,100
Training only to local units........................... 654,500
GROSS APPROPRIATION.................................... $ 12,736,200
Appropriated from:
Federal revenues:
Other federal revenues................................. 250,000
Special revenue funds:
Other state restricted revenues........................ 10,997,000
State general fund/general purpose..................... $ 1,489,200
Sec. 105. FIELD SERVICES
Full-time equated classified positions........ 2,250.0
Investigative services--180.5 FTE positions............ $ 35,625,500
Post operations--2,039.5 FTE positions................. 316,587,600
Secure cities partnership--30.0 FTE positions.......... 7,861,300
GROSS APPROPRIATION.................................... $ 360,074,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of treasury........................ 5,127,300
Intradepartmental transfers............................ 787,500
Federal revenues:
Other federal revenues................................. 6,696,000
Special revenue funds:
Local revenues......................................... 1,579,400
Michigan merit award trust fund........................ 822,700
Other state restricted revenues........................ 51,334,800
State general fund/general purpose..................... $ 293,726,700
Senate Bill No. 864 as amended May 3, 2018
Sec. 106. SPECIALIZED SERVICES
Full-time equated classified positions...... <<608.0>>
Commercial vehicle enforcement--223.0 FTE positions.... $ 30,593,300
Emergency management and homeland security--64.0 FTE
positions............................................ 15,808,700
Hazardous materials programs--25.0 FTE positions....... 28,031,500
Highway safety planning--26.0 FTE positions............ 18,048,700
Intelligence operations--<<202.0>> FTE positions....... <<27,921,600
OK2SAY software upgrade ............................... ....... 100>>
Secondary road patrol program--1.0 FTE position........ 11,072,200
Civil Air Patrol....................................... 20,000
Special operations--67.0 FTE positions................. 13,261,300
GROSS APPROPRIATION.................................... $ <<144,757,400>>
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management, and
budget............................................... 655,400
IDG from department of transportation.................. 10,324,000
IDG from department of treasury........................ 100,000
Intradepartmental transfers............................ 1,933,900
Federal revenues:
Other federal revenues................................. 57,138,000
Special revenue funds:
Local revenues......................................... 1,724,700
Private revenues....................................... 15,000
Other state restricted revenues........................ 29,693,800
State general fund/general purpose..................... $ <<43,172,600>>
Sec. 107. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 26,582,500
GROSS APPROPRIATION.................................... $ 26,582,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state........................... 3,800
IDG from department of transportation.................. 256,900
IDG from department of treasury........................ 96,800
IDG from other restricted funding...................... 12,200
Intradepartmental transfers............................ 20,800
Federal revenues:
Other federal revenues................................. 957,100
Special revenue funds:
Local revenues......................................... 918,200
Michigan merit award trust fund........................ 6,100
Other state restricted revenues........................ 11,192,900
State general fund/general purpose..................... $ 13,117,700
Sec. 108. ONE-TIME ONLY APPROPRIATIONS
Sexual assault prevention and education initiative..... $ 600,000
Trooper school......................................... 9,432,700
Michigan International Speedway traffic control........ 725,000
GROSS APPROPRIATION.................................... $ 10,757,700
Appropriated from:
State general fund/general purpose..................... $ 10,757,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
Senate Bill No. 864 as amended May 3, 2018
FOR FISCAL YEAR 2018-2019
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 2018-2019 is $<<609,076,600.00>> and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $14,231,300.00. The itemized statement
below identifies appropriations from which spending to local units
of government will occur:
DEPARTMENT OF STATE POLICE
Standards and training/justice training grants....... $ 2,615,300
Training only to local units......................... 654,500
Secondary road patrol program........................ 10,961,500
TOTAL.................................................. $ 14,231,300
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 departments 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 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 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 $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. 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, 2018 and September 30, 2019.
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, 2019 are estimated at $148,305,500.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $77,070,000.00. Total agency appropriations for
retiree health care legacy costs are estimated at $71,235,500.00.
Sec. 215. 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. 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 quarterly 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 posts. 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. Money privately donated to the department is
appropriated under part 1 to be used for the purposes designated by
the donor of the money, if specified.
Sec. 224. (1) Federal revenues authorized by and available
from the federal government in excess of the appropriation 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. 225. The department may establish and collect fees for
publications, videos, conferences, workshops, and related
materials. Collected fees shall be used to offset expenditures for
the publications, videos, workshops, conferences, and related
materials. The department shall not collect fees under this section
that exceed the cost of the expenditures.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 301. (1) The department shall 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.
(2) The department shall 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, the Roosevelt
Parking Ramp, and other areas as directed.
(3) The department may develop a phased approach for improving
security at the Capitol Building.
(4) The department shall maintain a goal of annually
conducting 35,000 property inspections of state owned and leased
facilities.
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 to the legislature a report
on concealed pistol licensing not later than December 1, 2019 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
2018-2019 and the uses of that revenue.
(b) The department's fiscal year 2018-2019 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) Oversight and administration of 9-1-1 operations
statewide.
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 501. (1) MCOLES shall establish standards for the
selection, employment, training, education, licensing, and
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, and a minimum of 2,000 shall be
committed to Belle Isle. 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 perform activities to maintain a 93% compliance rate
for reporting by 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 fiscal 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 conducted 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 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.
(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
services to citizens of this state through 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 the 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 2017-2018 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.
(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 such 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 no later than April 2, 2019.
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 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.
(3) In addition to the money 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 and 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 quarterly
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) The department shall provide the following information on
secondary road patrol activities supported by appropriations in
part 1:
(a) The number of funded full-time equivalent county sheriff
secondary road patrol deputies.
(b) The number of hours dedicated to patrol under the
secondary road patrol program, with an annual goal of at least
178,000 hours.
(4) The information required to be reported under subsection
(3) shall be reported on an annual basis.
ONE-TIME APPROPRIATIONS
Sec. 901. (1) Funding provided in part 1 for the sexual
assault prevention and education initiative shall be used to
provide and administer grants to public or nonpublic community
colleges, colleges, and universities with a physical presence in
this state to address campus sexual assault issues to improve the
safety and security of students, faculty, and staff in campus
environments in this state.
(2) Grant funds awarded shall support sexual assault programs,
including education, awareness, prevention, reporting, and
bystander intervention programs.
(3) The department shall issue awards no later than December
1, 2018, with a grant period of 1 year.
(4) The department shall report on grant activities to the
subcommittees and the state budget office by February 28, 2020.
(5) Unexpended and unencumbered appropriations in part 1 for
the sexual assault prevention and education initiative are
designated as work project appropriations. Any unencumbered or
unallotted funds at the end of the fiscal year shall be carried
forward into the succeeding fiscal year. The following is in
compliance with section 451a(1) of the management and budget act,
1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide grants for sexual
assault education, awareness, prevention, reporting, and bystander
intervention programs.
(b) The project will be accomplished by grants to eligible
community colleges, colleges, and universities.
(c) The total estimated cost of the project is $600,000.00.
(d) The estimated completion date is September 30, 2020.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 1001. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2020 for
the line items listed in part 1. The fiscal year 2019-2020
appropriations are anticipated to be the same as those for fiscal
year 2018-2019, 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
2019 consensus revenue estimating conference.
