SENATE BILL No. 1116
February 13, 2002, Introduced by Senators Hoffman and North 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, 2003; 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 the testing of certain persons; 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, 2003, 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 3.0
Full-time equated classified positions 3,440.5
GROSS APPROPRIATION $ 416,444,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers 16,750,700 ADJUSTED GROSS APPROPRIATION $ 399,693,900
Federal revenues:
Total federal revenues 45,570,500
Special revenue funds:
Total local revenues 3,913,700
Total private revenues 0
Total other state restricted revenues 60,262,900
State general fund/general purpose $ 289,946,800
Sec. 102. EXECUTIVE DIRECTION
Full-time equated unclassified positions 3.0
Full-time equated classified positions 36.0
Unclassified positions $ 265,600
Executive direction--29.0 FTE positions 3,414,500
Auto theft prevention program--7.0 FTE
positions 7,065,000
GROSS APPROPRIATION $ 10,745,100
Appropriated from:
Special revenue funds:
Auto theft prevention fund 7,065,000
State general fund/general purpose $ 3,680,100
Sec. 103. DEPARTMENTWIDE APPROPRIATIONS
Special maintenance and utilities $ 479,400
Rent and building occupancy charges 8,556,000
Worker's compensation 2,864,000 Fleet leasing 14,637,900 In-service training 850,000 Narcotics investigation funds 265,000 GROSS APPROPRIATION $ 27,652,300 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 $ 26,537,300
Sec. 104. SUPPORT SERVICES
Full-time equated classified positions 159.5
Human resources--35.5 FTE positions $ 2,645,000 Management services--60.0 FTE positions 4,019,600 Training administration--44.0 FTE positions 4,871,900
Communications--20.0 FTE positions 6,586,600
GROSS APPROPRIATION $ 18,123,100 Appropriated from:
Interdepartmental grant revenues:
IDT-auto theft funds 21,000
IDG-training academy charges 2,726,400
Special revenue funds:
Local-LEIN fees 31,900
Precision driving track fees 264,100
Narcotics investigation revenues 40,600
Motor carrier fees 125,500
State general fund/general purpose $ 14,913,600
Sec. 105. HIGHWAY SAFETY PLANNING
Full-time equated classified positions 26.0
State program planning and administration--14.0 FTE
positions $ 1,206,200
Grants to local governments and nonprofit
organizations 4,500,000
Secondary road patrol program--1.0 FTE
position 12,506,600
Truck safety program--2.0 FTE positions 1,851,700 Field coordination and analysis--8.0 FTE
positions 1,975,900
Highway traffic safety--1.0 FTE position 3,973,800 GROSS APPROPRIATION $ 26,014,200 Appropriated from:
Federal revenues:
DOT 10,521,600
DOJ 560,000
Special revenue funds:
Truck driver safety fund 1,851,700
Secondary road patrol and training fund 12,506,600
State general fund/general purpose $ 574,300
Sec. 106. CRIMINAL JUSTICE INFORMATION CENTER
Full-time equated classified positions 96.5
Criminal justice information center division--78.0
FTE positions $ 7,618,200 Criminal records improvement--1.0 FTE
position 4,726,200 Traffic safety--17.5 FTE positions 1,518,900 GROSS APPROPRIATION $ 13,863,300 Appropriated from:
Interdepartmental grant revenues:
IDG-MDOS 313,600
IDG-MDOT, state trunkline fund 336,900
Federal revenues:
DOJ 4,726,200
DOT 388,500
Special revenue funds:
Criminal justice information center service
fees 5,954,300
State general fund/general purpose $ 2,143,800 Sec. 107. FORENSIC SCIENCES
Full-time equated classified positions 215.0
Laboratory operations--191.0 FTE positions $ 16,775,300 DNA analysis program--24.0 FTE positions 4,336,800 GROSS APPROPRIATION $ 21,112,100 Appropriated from:
Federal revenues:
DOJ 442,900
Special revenue funds:
Forensic science reimbursement fees 1,626,400
State forensic laboratory fund 1,100,000
State general fund/general purpose $ 17,942,800
Sec. 108. MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Full-time equated classified positions 28.0
Standards and training--26.0 FTE positions $ 11,262,000 Training only to local units--2.0 FTE
positions 830,000 Officer's survivor tuition program 50,000 GROSS APPROPRIATION $ 12,142,000
Appropriated from:
Federal revenues:
DOJ 360,000
Special revenue funds:
Secondary road patrol and training fund 690,000
Concealed weapons enforcement fee 140,000
Michigan justice training fund 9,032,000
State general fund/general purpose $ 1,920,000
Sec. 109. FIRE MARSHAL
Full-time equated classified positions 55.0
Fire marshal programs--44.0 FTE positions $ 3,929,400 Fire investigation training to locals 51,500
Fire fighters training council--11.0 FTE
positions 1,728,400
GROSS APPROPRIATION $ 5,709,300 Appropriated from:
Federal revenues:
FEMA 150,000
DOT 85,000
Special revenue funds:
State general fund/general purpose $ 5,474,300
Sec. 110. EMERGENCY MANAGEMENT
Full-time equated classified positions 49.0
Emergency management planning and administration--
32.0 FTE positions $ 2,930,000
Grants to local government 2,182,100
FEMA program assistance--3.0 FTE positions 962,300
Nuclear power plant emergency planning--6.0 FTE
positions 1,209,200
Hazardous materials transportation--1.0 FTE
position 579,200
Hazardous materials programs--7.0 FTE positions 6,586,500
GROSS APPROPRIATION $ 14,449,300 Appropriated from:
Federal revenues:
FEMA 4,664,100
DOT 579,200
DOJ 5,000,000
Special revenue funds:
Nuclear plant emergency planning reimbursement 1,209,200
Hazardous materials training center fees 1,253,800
State general fund/general purpose $ 1,743,000
Sec. 111. UNIFORM SERVICES
Full-time equated classified positions 2,049.5
Uniform services--610.0 FTE positions $ 51,259,500 Security guards--29.0 FTE positions 1,039,900 Reimbursed services 1,598,000
At-post troopers--1,410.5 FTE positions 113,221,300
GROSS APPROPRIATION $ 167,118,700 Appropriated from:
Interdepartmental grant revenues:
IDG-MDMB, building occupancy charges 610,100
Federal revenues:
DOJ 1,500,000
Special revenue funds:
Highway safety fund 8,448,200
State police service fees 1,598,000
State general fund/general purpose $ 154,962,400
Sec. 112. SPECIAL OPERATIONS
Full-time equated classified positions 61.5
Operational support--40.0 FTE positions $ 2,921,800 Traffic services--13.5 FTE positions 2,671,100 Aviation program--8.0 FTE positions 1,739,700 GROSS APPROPRIATION $ 7,332,600 Appropriated from:
Interdepartmental grant revenues:
IDG-MDOC, contract 77,200
Federal revenues:
DOT 1,378,200
Special revenue funds:
Rental of department aircraft 180,300
Drunk driving prevention and training fund 969,700
State general fund/general purpose $ 4,727,200
Sec. 113. CRIMINAL INVESTIGATIONS
Full-time equated classified positions 455.5
Criminal investigations--341.5 FTE positions $ 32,949,500 Federal anti-drug initiatives--72.0 FTE
positions 10,124,200 Reimbursed services, materials, and equipment 2,332,900 Auto theft prevention--10.0 FTE positions 1,372,100 Casino gaming oversight--32.0 FTE positions 3,585,100 GROSS APPROPRIATION $ 50,363,800 Appropriated from:
Interdepartmental grant revenues:
IDT-auto theft funds 1,104,000
IDG-MDTR, casino gaming fees 3,585,100
IDG-MDCH, tobacco tax 610,000
Federal revenues:
Federal investigations-reimbursed services 519,700
DOJ 7,506,700 Federal narcotics investigation revenues 380,800
Special revenue funds:
Local-reimbursed services 1,813,200
Narcotics investigation revenues 543,000
Forfeiture funds 269,500
Licensing fees 450,000
State general fund/general purpose $ 33,581,800
Sec. 114. MOTOR CARRIER ENFORCEMENT
Full-time equated classified positions 209.0
Motor carrier enforcement--127.0 FTE
positions $ 8,773,300 Truck safety enforcement team operations--15.0 FTE
positions 1,060,000
Safety inspections--46.0 FTE positions 6,928,500
School bus inspections--16.0 FTE positions 1,475,300
Safety projects--5.0 FTE positions 1,242,200
GROSS APPROPRIATION $ 19,479,300 Appropriated from:
Interdepartmental grant revenues:
IDG-MDOT, state trunkline fund 6,516,400
Federal revenues:
DOT 6,712,600
Special revenue funds:
Motor carrier fees 3,642,900
Truck driver safety fund 1,132,100
State general fund/general purpose $ 1,475,300
Sec. 115. INFORMATION TECHNOLOGY
Information technology services and projects $ 22,339,500
GROSS APPROPRIATION $ 22,339,500
Appropriated from:
Special revenue funds:
Local-LEIN fees 2,035,600
Local-AFIS fees 33,000
State general fund/general purpose $ 20,270,900PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2002-2003 is $350,209,700.00 and state spending from state resources to be paid to local units of government for fiscal year 2002-2003 is $19,968,100.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF STATE POLICE
OFFICE OF HIGHWAY SAFETY PLANNING
Secondary road patrol program $ 12,381,500
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Standards and training $ 6,471,200
Training only to local units 624,900
FIRE MARSHAL
Fire investigation training to locals $ 51,500
Fire fighters training council 439,000
Total $ 19,968,100
Sec. 202. The appropriations authorized under this bill are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this bill:
(a) "AFIS" means the automated fingerprint identification system.
(b) "Department" means the department of state police.
(c) "DNA" means deoxyribonucleic acid.
(d) "DOJ" means the United States department of justice.
(e) "DOT" means the United States department of transportation.
(f) "FEMA" means the federal emergency management agency.
(g) "FTE" means full-time equated.
(h) "IDG" means interdepartmental grant.
(i) "IDT" means intradepartmental transfer.
(j) "LEIN" means law enforcement information network.
(k) "MCOLES" means the Michigan commission on law enforcement standards.
(l) "MDCH" means the Michigan department of community health.
(m) "MDMB" means the Michigan department of management and budget.
(n) "MDOC" means the Michigan department of corrections.
(o) "MDOS" means the Michigan department of state.
(p) "MDOT" means the Michigan department of transportation.
(q) "MDTR" means the Michigan department of treasury.
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. (1) 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.
(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, cause loss of revenue to the state, result in the inability of the state to receive federal funds, or would necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report quarterly to the chairpersons of the senate and house standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous quarter and the reasons to justify the exception.
Sec. 206. (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 this bill 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 this bill 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 this bill 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 this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 208. Unless otherwise specified, the department shall use the Internet to fulfill the reporting requirements of this bill. This 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. 212. Of the state general fund/general purpose revenue appropriated in this bill, $78,463,000.00 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 violent crime control and law enforcement act of 1994, Public Law 103-322, 108 Stat. 1796, or successor grant programs, so that any additional federal money received supplements funding provided to the department of state police in this bill.
Sec. 259. From the funds appropriated in part 1 for information technology, the department shall pay user fees to the department of information technology for technology related services and projects. Such user fees shall be subject to provisions of an interagency agreement between the department and the department of information technology.
Sec. 260. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of information technology. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
INFORMATION TECHNOLOGY
Sec. 301. (1) Money appropriated under part 1 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 money 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, 2003, and on October 15, 2003, indicating the amount of revenue collected under this section and deposited to the state general fund for the immediately preceding 6-month period.
Sec. 601. The money appropriated in part 1 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.
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 801. The money appropriated to the MCOLES for maintenance and delivery of training to locals is provided in accordance with a state reimbursement policy in which 100% of the determined state reimbursement rate shall be distributed upon certification by the MCOLES.
EMERGENCY MANAGEMENT
Sec. 1001. (1) The state director of emergency management may expend money 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 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.
(2) In addition to the money appropriated in this bill, 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 funds are expended beyond the appropriations enacted for these purposes in part 1, the department shall notify the house and senate appropriations subcommittees on state police and military and veterans affairs, the house and senate fiscal agencies, and the state budget director within 30 days concerning the additional expenditures.
UNIFORM SERVICES
Sec. 1103. 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. 1201. In addition to the appropriations in part 1 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. If funds are expended beyond the appropriation enacted in part 1 for the aviation program, the department shall notify the house and senate subcommittees on state police and military and veterans affairs, the house and senate fiscal agencies, and the state budget office within 30 days concerning the additional expenditures.