SENATE BILL NO. 371
February 23, 1999, Introduced by Senators HOFFMAN, NORTH, GOUGEON,
MC MANUS, STEIL and GOSCHKA and referred to the Committee on
Appropriations.
EXECUTIVE BUDGET BILL
A bill to make appropriations for the department of state police
and certain other state purposes for the fiscal year ending September
30, 2000; to provide for the expenditure of those appropriations; to
provide for certain reports and the consideration of those reports; to
provide for the disposition of other income received by the various
state agencies; to provide for certain emergency powers; and to provide
for the powers and duties of certain committees, certain state
agencies, and certain employees.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this bill, the
amounts listed in this part are appropriated for the department of
state police for the fiscal year ending September 30, 2000, from the
funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY:
Full-time equated unclassified positions . . . . . . .5.0
Full-time equated classified positions . . . 3,579.0
GROSS APPROPRIATION . . . . . . . . $ 363,263,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers. . . . . . . . 20,533,200
ADJUSTED GROSS APPROPRIATION. . . . . . $ 342,730,000
Federal revenues:
Total federal revenues. . . . . . . 29,981,400
Special revenue funds:
Total local revenues. . . . . . . . 3,479,800
Total private revenues. . . . . . . 0
Total other state restricted revenues . . . . . . 41,882,200
State general fund/general purpose. . . . . . . . $ 267,386,600
. . . . . .Sec. 102. EXECUTIVE
DIRECTION
Full-time equated unclassified positions . . . . . . .5.0
Full-time equated classified positions . . . . .52.0
Unclassified positions. . . . . . . $ 413,700
Executive direction--45.0 FTE positions . . . . . . . . 3,584,900
Auto theft prevention program--7.0 FTE
positions. . . . . . . . 6,510,300
GROSS APPROPRIATION . . . . . . . . $ 10,508,900
Appropriated from:
Special revenue funds:
Auto theft prevention fees. . . . . . . 6,510,300
State general fund/general purpose. . . . . . . . $ 3,998,600
Sec. 103. DEPARTMENTWIDE APPROPRIATIONS
Special maintenance and utilities . . . . . . $ 467,900
Rent. . . . . . . . 3,622,800
Worker's compensation . . . . . . . 2,123,000
Fleet leasing . . . . . . 13,106,600
In-service training . . . . . . . . 850,000
Building occupancy charges-property management
services . . . . . . 2,696,200
Narcotics investigation funds . . . . . . . . 265,000
GROSS APPROPRIATION . . . . . . . . $ 23,131,500
Appropriated from:
Interdepartmental grant revenues:
IDT-Michigan justice training fund. . . . . . . . 850,000
Federal revenues:
Federal narcotics investigation revenues. . . . . . . . 95,000
Special revenue funds:
Narcotics investigation revenues. . . . . . . 170,000
State general fund/general purpose. . . . . . . . $ 22,016,500
Sec. 104. SUPPORT SERVICES
Full-time equated classified positions . . . . 132.5
Human resources--28.5 FTE positions . . . . . . . $ 2,018,300
Management services--60.0 FTE positions . . . . . . . . 3,889,200
Training administration--44.0 FTE positions . . . . . . 4,592,900
GROSS APPROPRIATION . . . . . . . . $ 10,500,400
Appropriated from:
Interdepartmental grant revenues:
IDG-training academy charges. . . . . . 2,571,400
Special revenue funds:
Local-LEIN fees . . . . . . . 31,900
Auto theft prevention fees. . . . . . . 21,000
Reimbursements. . . . . . . . 10,000
Precision driving track fees. . . . . . 264,100
Narcotics investigation revenues. . . . . . . 40,600
Motor carrier fees. . . . . . 76,300
State general fund/general purpose. . . . . . . . $ 7,485,100
Sec. 105. HIGHWAY SAFETY PLANNING
Full-time equated classified positions . . . . .26.0
State program planning and administration--14.0 FTE
positions. . . . . . . . $ 1,179,900
Grants to local governments and nonprofit
organizations. . . . . . 4,000,000
Secondary road patrol administration- 1.0 FTE
positions. . . . . . . . 83,300
Secondary road patrol and traffic accident basic
grants . . . . . . . 4,452,100
Secondary road patrol and traffic accident enhanced
grants . . . . . . . 6,069,000
Truck safety program--2.0 FTE positions . . . . . . . . 2,969,700
Field coordination and analysis--8.0 FTE
positions. . . . . . . . 1,324,600
Highway traffic safety--1.0 FTE positions . . . . . . . 2,913,800
GROSS APPROPRIATION . . . . . . . . $ 22,992,400
Appropriated from:
Federal revenues:
DOT-NHTSA . . . . . . . . 8,853,900
Special revenue funds:
Truck safety fund . . . . . . 2,969,700
Secondary road patrol and training fund . . . . . . . . 6,152,300
State general fund/general purpose. . . . . . . . $ 5,016,500
Sec. 106. CENTRAL RECORDS
Full-time equated classified positions . . . . .78.5
Central records division--60.0 FTE positions. . . . . . . . $ 4,301,200
Criminal records improvement--1.0 FTE positions . . . . . . 2,720,100
Traffic safety--17.5 FTE positions. . . . . . . . 1,122,700
GROSS APPROPRIATION . . . . . . . . $ 8,144,000
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOS. . . . . . 316,300
IDG-MDOT - state trunkline fund . . . . . . . 316,300
Federal revenues:
DOJ-BJS, national criminal history improvement
program . . . . . . 2,619,900
DOJ-BJA, drug control and system improvements,
formula grant. . . . . . 100,200
DOT-NHTSA, . . . . . . . 136,700
Special revenue funds:
Central records service fees. . . . . . 1,761,500
State general fund/general purpose. . . . . . . . $ 2,893,100
Sec. 107. CRIMINAL JUSTICE DATA CENTER
Full-time equated classified positions . . . . .69.0
State police-management information systems--24.5
FTE positions. . . . . . $ 3,149,900
Local LEIN services--23.5 FTE positions . . . . . . . . 5,135,400
Automated fingerprint identification system--21.0
FTE positions. . . . . . 2,779,200
Computer services . . . . . . 655,600
GROSS APPROPRIATION . . . . . . . . $ 11,720,100
Appropriated from:
Special revenue funds:
Local-LEIN fees . . . . . . . 2,026,400
Local-AFIS fees . . . . . . . 33,000
State general fund/general purpose. . . . . . . . $ 9,660,700
. . . . Sec. 108. FORENSIC
SCIENCES
Full-time equated classified positions . . . . 206.0
Laboratory operations--187.0 FTE positions. . . . . . . $ 14,884,900
DNA analysis program--19.0 FTE positions. . . . . . . . 2,235,600
Grant to city of Detroit. . . . . . . . 921,100
GROSS APPROPRIATION . . . . . . . . $ 18,041,600
Appropriated from:
Federal revenues:
DOJ-BJA, drug control and system improvement,
formula grant. . . . . . 580,200
Special revenue funds:
Forensic science reimbursement fees . . . . . . . 15,000
State forensic laboratory fund. . . . . . . . 455,000
State general fund/general purpose. . . . . . . . $ 16,991,400
Sec. 109. COMMISSION ON LAW ENFORCEMENT STANDARDS
Full-time equated classified positions . . . . .22.5
Standards and training--15.5 FTE positions. . . . . . . $ 1,328,000
Community policing coordination--3.0 FTE
positions. . . . . . . . 160,300
Training only to local units. . . . . . 650,400
Officer's survivor tuition program. . . . . . . . 50,000
Michigan justice training commission--4.0 FTE
positions. . . . . . . . 9,010,000
GROSS APPROPRIATION . . . . . . . . $ 11,198,700
Appropriated from:
Federal revenues:
DOJ-OJP . . . . . . 360,000
Special revenue funds:
Secondary road patrol and training fund . . . . . . . . 650,400
Michigan justice training fund. . . . . . . . 9,010,000
State general fund/general purpose. . . . . . . . $ 1,178,300
Sec. 110. FIRE MARSHAL
Full-time equated classified positions . . . . .51.0
Fire marshal programs--44.0 FTE positions . . . . . . . $ 3,681,400
Fire investigation training to locals . . . . . . 51,500
Fire fighters training council--7.0 FTE positions . . . . . . . . 984,100
GROSS APPROPRIATION . . . . . . . . $ 4,717,000
Appropriated from:
Federal revenues:
FEMA-PTED, hazardous material assistance
program. . . . . . . 50,000
DOT-RSPA, interagency hazardous materials public
training . . . . . . 50,000
State general fund/general purpose. . . . . . . . $ 4,617,000
Sec. 111. EMERGENCY MANAGEMENT
Full-time equated classified positions . . . . .49.0
Emergency management planning and administration--
18.5 FTE positions . . . . . . $ 1,714,000
Grants to local government. . . . . . . 2,182,100
FEMA program assistance--13.5 FTE positions . . . . . . 1,874,200
Nuclear power plant emergency planning--6.0 FTE
positions. . . . . . . . 1,088,500
Hazardous materials transportation--1.0 FTE
positions. . . . . . . . 610,900
Hazardous materials programs--10.0 FTE
positions. . . . . . . . 1,616,400
GROSS APPROPRIATION . . . . . . . . $ 9,086,100
Appropriated from:
Federal revenues:
FEMA-PTED, hazardous material assistance
program. . . . . . . 4,954,100
DOT-RSPA, interagency hazardous materials public
sector training and planning grants. . . . . . . . 610,900
DOJ-BJA, antiterrorism training . . . . . . . 249,900
Special revenue funds:
Nuclear plant emergency planning reimbursement. . . . . . . 1,088,500
Hazardous materials training center fees. . . . . . . . 1,035,000
State general fund/general purpose. . . . . . . . $ 1,147,700
Sec. 112. UNIFORM SERVICES
Full-time equated classified positions . . . 2,059.5
Uniform services--610.0 FTE positions . . . . . . $ 46,597,800
Security guards--35.0 FTE positions . . . . . . . 1,387,500
Reimbursed services . . . . . . . . 500,000
At-post troopers--1,414.5 FTE positions . . . . . . . . 103,110,500
GROSS APPROPRIATION . . . . . . . . $ 151,595,800
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOC. . . . . . 102,000
IDG-MDMB, building occupancy charges. . . . . . . 579,300
Federal revenues:
DOL-ETA . . . . . . 150,000
Special revenue funds:
Highway safety fund . . . . . . . . 6,486,900
State police service fees . . . . . . . 500,000
State general fund/general purpose. . . . . . . . $ 143,777,600
Sec. 113. SPECIAL OPERATIONS
Full-time equated classified positions . . . . 156.5
Operational support--35.0 FTE positions . . . . . . . . $ 2,290,900
Traffic services--13.5 FTE positions. . . . . . . 3,379,000
Aviation program--8.0 FTE positions . . . . . . . 1,649,100
Communications--100.0 FTE positions . . . . . . . 12,020,600
GROSS APPROPRIATION . . . . . . . . $ 19,339,600
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOC, contract. . . . . . 61,500
Federal revenues:
DOT-NHTSA . . . . . . . . 1,935,400
Special revenue funds:
Rental of department aircraft . . . . . . . . 201,300
Drunk driving prevention and training fund. . . . . . . 790,200
State general fund/general purpose. . . . . . . . $ 16,351,200
Sec. 114. CRIMINAL INVESTIGATIONS
Full-time equated classified positions . . . . 470.5
Criminal investigations-330.5 FTE positions . . . . . . $ 30,618,800
Federal anti-drug initiatives--72.0 FTE
positions. . . . . . . . 7,300,200
Reimbursed services, materials, and equipment . . . . . . . 1,696,700
Auto theft prevention--10.0 FTE positions . . . . . . . 1,051,200
Casino gaming oversight--58.0 FTE positions . . . . . . 7,097,800
GROSS APPROPRIATION . . . . . . . . $ 47,764,700
Appropriated from:
Interdepartmental grant revenues:
IDT-auto theft funds. . . . . . . . 805,000
IDG-MDTR, casino gaming fees. . . . . . 7,097,700
IDG-MDCH, tobacco tax . . . . . . . 609,800
Federal revenues:
Federal investigations-reimbursed services. . . . . . . 308,200
DOJ-BJA, drug control and system improvement,
formula grant. . . . . . 4,925,300
DOJ-BJS . . . . . . 475,000
Federal narcotics investigation revenues. . . . . . . . 371,500
Special revenue funds:
Local-reimbursed services . . . . . . . 1,388,500
Narcotics investigation revenues. . . . . . . 508,600
Forfeiture funds. . . . . . . 269,500
Licensing fees. . . . . . . . 190,400
State general fund/general purpose. . . . . . . . $ 30,815,200
Sec. 115. MOTOR CARRIER ENFORCEMENT
Full-time equated classified positions . . . . 206.0
Motor carrier enforcement--123.0 FTE positions. . . . . . . $ 8,080,500
Truck safety enforcement team operations--15.0 FTE
positions. . . . . . . . 1,170,800
Safety inspections--45.5 FTE positions. . . . . . 3,012,500
School bus inspections--16.0 FTE positions. . . . . . . 1,437,700
Safety projects--6.5 FTE positions. . . . . . . . 820,900
GROSS APPROPRIATION . . . . . . . . $ 14,522,400
Appropriated from:
Interdepartmental grant revenues:
IDT-truck safety fund . . . . . . . 1,234,600
IDG-MDOT, state trunkline fund. . . . . . . . 5,989,300
Federal revenues:
DOT-NHTSA . . . . . . . . 3,155,200
Special revenue funds:
Motor carrier fees. . . . . . 2,705,600
State general fund/general purpose. . . . . . . . $ 1,437,700
Part 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending under part 1 for fiscal year
1999-2000 is $309,268,800.00 and state appropriations to be paid to
local units of government are as follows:
DEPARTMENT OF STATE POLICE
Secondary road patrol and traffic accident basic
grants . . . . . . . $ 4,452,100
Secondary road patrol and traffic accident enhanced
grants . . . . . . . 6,069,000
Grant to city of Detroit. . . . . . . . 921,100
Training only to local units. . . . . . 650,400
Michigan justice training commission. . . . . . . 5,624,700
Fire fighters training council. . . . . . . . 273,000
Fire investigation training for locals. . . . . . 51,500
Total . . . . . . . $ 18,041,800
(2) If it appears to the principal executive officer of a
department or branch that state spending to local units of government
will be less than the amount that was projected to be expended under
subsection (1), the principal executive officer shall immediately give
notice of the approximate shortfall to the state budget director.
Sec. 202. The expenditures and funding sources authorized under
this bill are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. (1) In addition to the funds appropriated in this bill,
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
this bill pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) In addition to the funds appropriated in this bill, 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 this bill pursuant
to section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(3) In addition to the funds appropriated in this bill, 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 this bill pursuant
to section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in this bill, 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 this bill pursuant
to section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 204. The department of civil service shall bill departments
and agencies at the end of the first fiscal quarter for the 1% charge
authorized by section 5 of article XI of the state constitution of
1963. Payments shall be made for the total amount of the billing by the
end of the second fiscal quarter.
Sec. 205. As used in this bill:
(a) "AFIS" means the automated fingerprint identification system.
(b) "COLES" means the commission on law enforcement standards.
(c) "Department" means the Michigan department of state police.
(d) "DNA" means deoxyribonucleic acid.
(e) "DOJ" means the United States department of justice.
(f) "DOJ-BJA" means the DOJ bureau of justice assistance.
(g) "DOJ-BJS" means the DOJ bureau of justice statistics.
(h) "DOJ-OJP" means the DOJ office of justice programs.
(i) "DOL" means the United States department of labor.
(j) "DOL-ETA" means the DOL employment and training
administration.
(k) "DOT" means the United States department of transportation.
(l) "DOT-FHWA" means the DOT federal highway administration.
(m) "DOT-NHTSA" means DOT national highway traffic safety
administration.
(n) "DOT-RSPA" means the DOT research and special programs
administration.
(o) "FEMA" means the federal emergency management agency.
(p) "FEMA-PTED" means the FEMA preparedness, training, and
exercises directorate.
(q) "FTE" means full-time equated position.
(r) "IDG" means interdepartmental grant.
(s) "IDT" means intradepartmental transfer.
(t) "LEIN" means law enforcement information network.
(u) "MDCH" means the Michigan department of community health.
(v) "MDMB" means the Michigan department of management and budget.
(w) "MDOC" means the Michigan department of corrections.
(x) "MDOS" means the Michigan department of state.
(y) "MDOT" means the Michigan department of transportation.
(z) "MDTR" means the Michigan department of treasury.
Sec. 206.(1) Beginning October 1, 1999, a hiring freeze is imposed
on the state classified civil service. State departments and agencies
are prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply
to internal transfers of classified employees from one position to
another within a department or to positions that are funded with 80% or
more from federal or restricted funds.
(2) The state budget director shall grant exceptions to this hiring
freeze when the state budget director believes that the hiring freeze
will result in rendering a state department or agency unable to
deliver basic services.
Sec. 207. Of the state general fund/general purpose revenue
appropriated in this bill, $57,717,000.00 represents a state spending
increase over the amount provided to the department of state police for
the fiscal year ending September 30, 1994, and may be used to meet
state match requirements of programs contained in the federal violent
crime control and law enforcement act of 1994, or successor grant
programs, so that any additional federal funds received supplements
funding provided to the department of state police in this bill.
HIGHWAY SAFETY PLANNING
Sec. 301. In addition to the funds appropriated in section 105,
the department may receive and expend state restricted funds for the
support of the secondary road patrol and traffic accident enhanced
grants program in accordance with section 629e of the Michigan vehicle
code, 1949 PA 300, MCL 257.629e. Expenditures for the support of the
secondary road patrol and traffic accident enhanced grants program
shall not exceed revenues received.
CRIMINAL JUSTICE DATA CENTER
Sec. 401. The funds appropriated in section 107 for computer
services shall be funded by LEIN user fees sufficient to pay 1/3 of the
service and contract maintenance costs of the LEIN mainframe computer
system.
FORENSIC SCIENCES
Sec. 501. The grant to the city of Detroit under section 108
shall be allocated by the city to the Detroit crime lab and to the
Detroit police special events.
COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 601. The funds appropriated to the COLES for maintenance
and delivery of training to locals are provided in accordance with a
state reimbursement policy in which 100% of the determined state
reimbursement rate shall be distributed upon certification by the
COLES.
Sec. 602. The funds appropriated in section 109 for community
policing coordination shall be used by the department to work in
conjunction with local criminal justice agencies to identify
appropriate curriculum to support community policing. The department
shall work as a coordinator to deliver community policing training.
EMERGENCY MANAGEMENT
Sec. 701. (1) The state director of emergency management may
expend funds appropriated under this bill 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
30.420. 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 funds expended that is not reimbursable from federal revenues.
The state budget director shall review the expenditures and submit
recommendations to the legislature in regard to any possible need for a
supplemental appropriation.
(2) In addition to the funds appropriated in this bill, the
department may receive and expend funds 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.
UNIFORM SERVICES
Sec. 801. The department shall not expend any portion of the funds
appropriated in this bill, including any expenditure made under an
executive order, to plan for or to implement a roadblock or check lane
system that has as its primary objective the deterrence or detection of
intoxicated drivers in this state.
Sec. 802. State police enlisted personnel who are employed to
enforce traffic laws as provided in section 629e of the Michigan
vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited from
responding to crimes in progress or other emergency situations, and are
responsible for protecting every citizen of this state from harm.
SPECIAL OPERATIONS
Sec. 901. (1) Funds appropriated under section 113 for the
Michigan public safety communications system shall be expended upon
approval of an expenditure plan by the state budget director.
(2) The department of state police shall assess all subscribers of
the Michigan public safety communications system reasonable access and
maintenance fees.
(3) All revenues received by the department of state police under
this section shall be deposited to the state general fund pursuant to
section 443 of the management and budget act, 1984 PA 431, MCL 18.1443.
(4) The department of state police shall provide a report to the
house and senate appropriations committees, house and senate fiscal
agencies, and the state budget director on April 15, 2000, and on
October 15, 2000, indicating the amount of revenue collected under this
section and deposited to the state general fund for the immediately
preceding 6-month period.
Sec. 902. In addition to the appropriations in section 113 to the
department of state police for the aviation program, the department is
authorized to sell its aircraft and the proceeds from the sale are
appropriated and may be applied to the renovation cost of replacement
aircraft.
CRIMINAL INVESTIGATIONS
Sec. 1001. (1) There are sufficient funds appropriated in section
113 to criminal investigations to ensure that the citizens in a service
area of any state police post in the vicinity of a state prison do not
experience a downgrading of state police services in their area.
Criminal investigations shall be available by temporary or permanent
assignment of a detective when either a temporary or permanent prison
facility is opened.
(2) If the department is unable to comply with subsection (1) and
there is a prison scheduled to open, the department shall provide
troopers to serve as investigators on an interim basis.
Final page.