March 2, 2004, Introduced by Senator CLARKE 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,
2005; 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:
1 PART 1
2 LINE-ITEM APPROPRIATIONS
3 Sec. 101. Subject to the conditions set forth in this bill, the
4 amounts listed in this part are appropriated for the department of
5 state police for the fiscal year ending September 30, 2005, from the
6 funds indicated in this part. The following is a summary of the
7 appropriations in this part:
8 DEPARTMENT OF STATE POLICE
9 APPROPRIATIONS SUMMARY:
10 Full-time equated unclassified positions 3.0
11 Full-time equated classified positions 2,948.0
12 GROSS APPROPRIATION $ 475,924,200
13 Interdepartmental grant revenues:
14 Total interdepartmental grants and intradepartmental
15 transfers 19,677,200
16 ADJUSTED GROSS APPROPRIATION $ 456,247,000
17 Federal revenues:
18 Total federal revenues 106,191,100
19 Special revenue funds:
20 Total local revenues 4,681,100
21 Total private revenues 10,700
22 Total other state restricted revenues 99,905,600
23 State general fund/general purpose $ 245,458,500
24 Sec. 102. EXECUTIVE DIRECTION
25 Full-time equated unclassified positions 3.0
26 Full-time equated classified positions 39.0
27 Unclassified positions $ 238,500
1 Executive direction--34.0 FTE positions 3,480,700
2 Auto theft prevention program--5.0 FTE positions 7,094,600
3 GROSS APPROPRIATION $ 10,813,800
4 Appropriated from:
5 Special revenue funds:
6 Auto theft prevention fund 7,094,600
7 State general fund/general purpose $ 3,719,200
8 Sec. 103. DEPARTMENTWIDE APPROPRIATIONS
9 Special maintenance and utilities $ 479,400
10 Rent and building occupancy charges 7,388,400
11 Worker's compensation 2,995,000
12 Fleet leasing 14,119,200
13 In-service training 850,000
14 Narcotics investigation funds 265,000
15 GROSS APPROPRIATION $ 26,097,000
16 Appropriated from:
17 Interdepartmental grant revenues:
18 IDT, Michigan justice training fund 850,000
19 IDG, training academy 208,600
20 Federal revenues:
21 DOJ 37,000
22 DOT 18,500
23 DHS 8,500
24 Federal narcotics investigation revenues 95,000
25 Special revenue funds:
26 Forensic science reimbursement fees 74,100
27 State forensic laboratory fund 74,100
1 Criminal justice information center service fees 109,500
2 Secondary road patrol and training fund 2,400
3 Hazardous materials training center fees 60,100
4 Michigan justice training fund 4,800
5 Motor carrier fees 5,500
6 Highway safety fund 5,900
7 Traffic law enforcement and safety fund 11,600
8 Narcotics investigation revenues 170,000
9 State general fund/general purpose $ 24,361,400
10 Sec. 104. SUPPORT SERVICES
11 Full-time equated classified positions 132.0
12 Human resources--29.0 FTE positions $ 2,177,200
13 Human resources optimization user charges 88,600
14 Management services--50.0 FTE positions 3,693,300
15 Training administration--41.0 FTE positions 4,548,700
16 Communications--12.0 FTE positions 4,707,100
17 GROSS APPROPRIATION $ 15,214,900
18 Appropriated from:
19 Interdepartmental grant revenues:
20 IDT, truck safety fund 4,300
21 IDT, auto theft funds 23,000
22 IDG-MDOT, state truckline fund 30,000
23 IDG, training academy charges 2,690,400
24 IDG-MDTR, casino fees 29,000
25 Special revenue funds:
26 Local - LEIN fees 34,900
27 Highway safety fund 123,500
1 Auto theft prevention fund 4,300
2 Precision driving track fees 280,800
3 Traffic law enforcement and safety fund 213,500
4 Motor carrier fees 136,800
5 Nuclear plant emergency planning reimbursement 3,100
6 State general fund/general purpose $ 11,641,300
7 Sec. 105. HIGHWAY SAFETY PLANNING
8 Full-time equated classified positions 26.0
9 State program planning and administration--14.0 FTE
10 positions $ 1,148,600
11 Grants to local governments and nonprofit organizations 4,500,000
12 Secondary road patrol program--2.0 FTE positions 14,012,100
13 Truck safety program--2.0 FTE positions 2,987,400
14 Highway traffic safety coordination--8.0 FTE positions 5,990,400
15 GROSS APPROPRIATION $ 28,638,500
16 Appropriated from:
17 Federal revenues:
18 DOT 10,555,600
19 DOJ 563,800
20 Special revenue funds:
21 Truck driver safety fund 2,987,400
22 Secondary road patrol and training fund 14,012,100
23 State general fund/general purpose $ 519,600
24 Sec. 106. CRIMINAL JUSTICE INFORMATION CENTER
25 Full-time equated classified positions 100.0
26 Criminal justice information center division--83.0
27 FTE positions $ 7,439,400
1 Criminal records improvement--1.0 FTE positions 4,693,500
2 Traffic safety--16.0 FTE positions 1,521,000
3 GROSS APPROPRIATION $ 13,653,900
4 Appropriated from:
5 Interdepartmental grant revenues:
6 IDG-MDOS 325,900
7 IDG-MDOT, state trunkline fund 347,500
8 Federal revenues:
9 DOJ 4,693,500
10 DOT 381,900
11 Special revenue funds:
12 Criminal justice information center service fees 6,091,800
13 State general fund/general purpose $ 1,813,300
14 Sec. 107. FORENSIC SCIENCES
15 Full-time equated classified positions 209.0
16 Laboratory operations--177.0 FTE positions $ 17,794,800
17 DNA analysis program--32.0 FTE positions 8,390,600
18 GROSS APPROPRIATION $ 26,185,400
19 Appropriated from:
20 Federal revenues:
21 DOJ 3,514,600
22 Special revenue funds:
23 Forensic science reimbursement fees 1,585,300
24 State forensic laboratory fund 1,543,300
25 State general fund/general purpose $ 19,542,200
26 Sec. 108. MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
27 Full-time equated classified positions 28.0
1 Standards and training--22.0 FTE positions $ 2,237,500
2 Training only to local units--2.0 FTE positions 825,300
3 Concealed weapons enforcement training 140,000
4 Officer's survivor tuition program 48,800
5 Justice training grants--4.0 FTE positions 9,049,900
6 GROSS APPROPRIATION $ 12,301,500
7 Appropriated from:
8 Federal revenues:
9 DOJ 375,200
10 Special revenue funds:
11 Secondary road patrol and training fund 825,300
12 Concealed weapons enforcement fee 140,000
13 Michigan justice training fund 9,049,900
14 Licensing fees 51,900
15 State general fund/general purpose $ 1,859,200
16 Sec. 109. FIRE INVESTIGATION
17 Full-time equated classified positions 29.0
18 Fire investigation--29.0 FTE positions $ 3,571,000
19 Fire investigation training to locals 50,500
20 GROSS APPROPRIATION $ 3,621,500
21 Appropriated from:
22 State general fund/general purpose $ 3,621,500
23 Sec. 110. EMERGENCY MANAGEMENT
24 Full-time equated classified positions 69.0
25 Emergency management planning and administration--52.0
26 FTE positions $ 3,998,600
27 Grants to local government 2,482,100
1 FEMA program assistance--3.0 FTE positions 983,000
2 Nuclear power plant emergency planning--6.0 FTE positions 1,233,200
3 Hazardous materials transportation--1.0 FTE positions 580,600
4 Hazardous materials programs--7.0 FTE positions 61,580,400
5 GROSS APPROPRIATION $ 70,857,900
6 Appropriated from:
7 Federal revenues:
8 FEMA 6,079,000
9 DOT 580,600
10 DHS 59,960,000
11 Special revenue funds:
12 Nuclear plant emergency planning reimbursement 1,233,200
13 Hazardous materials training center fees 1,287,400
14 State general fund/general purpose $ 1,717,700
15 Sec. 111. UNIFORM SERVICES
16 Full-time equated classified positions 1,684.0
17 Uniform services--525.0 FTE positions $ 47,825,400
18 Commercial mobile radio service projects 800,000
19 Security guards--15.0 FTE positions 950,900
20 Reimbursed services 2,126,900
21 At-post troopers--1,144.0 FTE positions 117,416,000
22 GROSS APPROPRIATION $ 169,119,200
23 Appropriated from:
24 Interdepartmental grant revenues:
25 IDG-MDMB, building occupancy charges 592,600
26 IDG-MDTR emergency telephone fund operations 400,000
27 IDG-MDTR emergency telephone fund coordinator 400,000
1 Federal revenues:
2 DOJ 1,622,900
3 Special revenue funds:
4 Narcotics investigation revenues 44,000
5 Highway safety fund 14,618,000
6 Traffic law enforcement and safety fund 29,960,500
7 State police service fees 2,126,900
8 State general fund/general purpose $ 119,354,300
9 Sec. 112. SPECIAL OPERATIONS
10 Full-time equated classified positions 49.0
11 Operational support--34.0 FTE positions $ 2,907,500
12 Traffic services--10.0 FTE positions 3,337,300
13 Aviation program--5.0 FTE positions 1,504,600
14 GROSS APPROPRIATION $ 7,749,400
15 Appropriated from:
16 Interdepartmental grant revenues:
17 IDG-MDOC, contract 83,400
18 Federal revenues:
19 DOT 1,619,300
20 Special revenue funds:
21 Private donations 10,700
22 Rental of department aircraft 165,400
23 Drunk driving prevention and training fund 1,053,100
24 State general fund/general purpose $ 4,817,500
25 Sec. 113. CRIMINAL INVESTIGATIONS
26 Full-time equated classified positions 383.0
27 Criminal investigations--280.0 FTE positions $ 32,702,700
1 Federal antidrug initiatives--62.0 FTE positions 10,523,100
2 Reimbursed services, materials, and equipment 2,570,200
3 Auto theft prevention--9.0 FTE positions 1,475,000
4 Casino gaming oversight--32.0 FTE positions 3,785,000
5 GROSS APPROPRIATION $ 51,056,000
6 Appropriated from:
7 Interdepartmental grant revenues:
8 IDT, auto theft funds 1,194,300
9 IDG-MDTR, casino gaming fees 3,785,000
10 IDG-MDCH, tobacco tax 610,000
11 Federal revenues:
12 Federal investigations - reimbursed services 730,300
13 DOJ 7,908,900
14 Federal narcotics investigation revenues 409,500
15 Special revenue funds:
16 Local - reimbursed services 1,839,900
17 Narcotics investigation revenues 567,600
18 Forfeiture funds 352,000
19 State general fund/general purpose $ 33,658,500
20 Sec. 114. MOTOR CARRIER ENFORCEMENT
21 Full-time equated classified positions 200.0
22 Motor carrier enforcement--122.0 FTE positions $ 9,190,400
23 Truck safety enforcement team operations--15.0 FTE
24 positions 1,179,000
25 Safety inspections--43.0 FTE positions 7,248,300
26 School bus inspections--16.0 FTE positions 1,205,800
27 Safety projects--4.0 FTE positions 177,300
1 GROSS APPROPRIATION $ 19,000,800
2 Appropriated from:
3 Interdepartmental grant revenues:
4 IDT, truck safety fund 1,179,000
5 IDG-MDOT, state trunkline fund 6,816,000
6 Federal revenues:
7 DOT 5,979,100
8 Special revenue funds:
9 Motor carrier fees 3,820,900
10 State general fund/general purpose $ 1,205,800
11 Sec. 115. INFORMATION TECHNOLOGY
12 Information technology services and projects $ 21,614,400
13 GROSS APPROPRIATION $ 21,614,400
14 Appropriated from:
15 Interdepartmental grant revenues:
16 IDT-MDTR, casino gaming fees 75,000
17 IDG-MDOT, state trunkline fund 33,200
18 Federal revenues:
19 DOT 1,057,900
20 Special revenue funds:
21 Local - LEIN fees 2,771,400
22 Local - AFIS fees 34,900
23 Motor carrier fees 15,000
24 State general fund/general purpose $ 17,627,000
25 PART 2
26 PROVISIONS CONCERNING APPROPRIATIONS
27 GENERAL SECTIONS
1 Sec. 201. Pursuant to section 30 of article IX of the state
2 constitution of 1963, total state spending from state resources under
3 part 1 for fiscal year 2004-2005 is $345,364,100.00 and state spending
4 from state resources to be paid to local units of government for fiscal
5 year 2004-2005 is $20,107,800.00. The itemized statement below
6 identifies appropriations from which spending to units of local
7 government will occur:
8 DEPARTMENT OF STATE POLICE
9 OFFICE OF HIGHWAY SAFETY PLANNING
10 Secondary road patrol program $ 13,872,000
11 COMMISSION ON LAW ENFORCEMENT STANDARDS
12 Training only to local units $ 647,200
13 Justice training grants 5,538,100
14 FIRE INVESTIGATION
15 Fire investigation training for locals $ 50,500
16 Total $ 20,107,800
17 Sec. 202. The appropriations authorized under this bill are subject
18 to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
19 Sec. 203. As used in this bill:
20 (a) "AFIS" means the automated fingerprint identification
21 system.
22 (b) "Department" means the department of state police.
23 (c) "DHS" means the United States department of homeland
24 security.
25 (d) "DNA" means deoxyribonucleic acid.
26 (e) "DOJ" means the United States department of justice.
27 (f) "DOT" means the United States department of transportation.
1 (g) "FEMA" means the federal emergency management agency.
2 (h) "FTE" means full-time equated.
3 (i) "IDG" means interdepartmental grant.
4 (j) "IDT" means intradepartmental transfer.
5 (k) "LEIN" means law enforcement information network.
6 (l) "MCOLES" means the Michigan commission on law enforcement
7 standards.
8 (m) "MDCH" means the Michigan department of community health.
9 (n) "MDMB" means the Michigan department of management and
10 budget.
11 (o) "MDOC" means the Michigan department of corrections.
12 (p) "MDOS" means the Michigan department of state.
13 (q) "MDOT" means the Michigan department of transportation.
14 (r) "MDTR" means the Michigan department of treasury.
15 Sec. 204. The department of civil service shall bill the department
16 at the end of the first fiscal quarter for the 1% charge authorized by
17 section 5 of article XI of the state constitution of 1963. Payments
18 shall be made for the total amount of the billing by the end of the
19 second fiscal quarter.
20 Sec. 208. Unless otherwise specified, the department shall use the
21 Internet to fulfill the reporting requirements of this bill. This
22 requirement may include transmission of reports via electronic mail to
23 the recipients identified for each reporting requirement, or it may
24 include placement of reports on an Internet or Intranet site.
25 Sec. 212. Of the state general fund/general purpose revenue
26 appropriated in this bill, $33,253,700.00 represents a state spending
27 increase over the amount provided to the department of state police for
1 the fiscal year ending September 30, 1994, and may be used to meet
2 state match requirements of programs contained in the violent crime
3 control and law enforcement act of 1994, Public Law 103-322, 108 Stat.
4 1796, or successor grant programs, so that any additional federal money
5 received supplements funding provided to the department of state police
6 in this bill.
7 Sec. 214. From the funds appropriated in part 1 for information
8 technology, the department shall pay user fees to the department of
9 information technology for technology-related services and projects.
10 Such user fees shall be subject to provisions of an interagency
11 agreement between the department and the department of information
12 technology.
13 Sec. 217. Amounts appropriated in part 1 for information technology
14 may be designated as work projects and carried forward to support
15 technology projects under the direction of the department of
16 information technology. Funds designated in this manner are not
17 available for expenditure until approved as work projects under section
18 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
19 Sec. 222. (1) In addition to the funds appropriated in part 1,
20 there is appropriated an amount not to exceed $10,000,000.00 for
21 federal contingency funds. These funds are not available for
22 expenditure until they have been transferred to another line item in
23 this bill under section 393(2) of the management and budget act, 1984
24 PA 431, MCL 18.1393.
25 (2) In addition to the funds appropriated in part 1, there is
26 appropriated an amount not to exceed $3,500,000.00 for state restricted
27 contingency funds. These funds are not available for expenditure until
1 they have been transferred to another line item in this bill under
2 section 393(2) of the management and budget act, 1984 PA 431, MCL
3 18.1393.
4 (3) In addition to the funds appropriated in part 1, there is
5 appropriated an amount not to exceed $1,000,000.00 for local
6 contingency funds. These funds are not available for expenditure until
7 they have been transferred to another line item in this bill under
8 section 393(2) of the management and budget act, 1984 PA 431, MCL
9 18.1393.
10 (4) In addition to the funds appropriated in part 1, there is
11 appropriated an amount not to exceed $200,000.00 for private
12 contingency funds. These funds are not available for expenditure until
13 they have been transferred to another line item in this bill under
14 section 393(2) of the management and budget act, 1984 PA 431, MCL
15 18.1393.
16 Sec. 223. Funds appropriated in part 1 shall not be used for the
17 purchase of foreign goods or services, or both, if competitively priced
18 and comparable quality American goods or services, or both, are
19 available. Preference should be given to goods and services or both,
20 manufactured or provided by Michigan businesses if they are
21 competitively priced and of comparable value.
22 INFORMATION TECHNOLOGY
23 Sec. 301. The money appropriated in part 1 for computer services
24 shall be funded by LEIN user fees sufficient to pay 1/3 of the service
25 and contract maintenance costs of the LEIN system.
26 MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
27 Sec. 601. The money appropriated to the MCOLES for maintenance and
1 delivery of training to locals is provided in accordance with a state
2 reimbursement policy in which 100% of the determined state
3 reimbursement rate shall be distributed upon certification by the
4 MCOLES.
5 EMERGENCY MANAGEMENT
6 Sec. 801. (1) The state director of emergency management may
7 expend money appropriated under this bill to call upon any agency or
8 department of the state or any resource of the state to protect life or
9 property or to provide for the health or safety of the population in
10 any area of the state in which the governor proclaims a state of
11 emergency or state of disaster under 1945 PA 302, MCL 10.31 to 10.33,
12 or under the emergency management act, 1976 PA 390, MCL 30.401 to
13 30.421. The state director of emergency management may expend the
14 amounts the director considers necessary to accomplish these purposes.
15 The director shall submit to the state budget director as soon as
16 possible a complete report of all actions taken under the authority of
17 this section. The report shall contain, as a separate item, a
18 statement of all money expended that is not reimbursable from federal
19 money. The state budget director shall review the expenditures and
20 submit recommendations to the legislature in regard to any possible
21 need for a supplemental appropriation.
22 (2) In addition to the money appropriated in this bill, the
23 department may receive and expend money from local, private, federal,
24 or state sources for the purpose of providing emergency management
25 training to local or private interests and for the purpose of
26 supporting emergency preparedness, response, recovery, and mitigation
27 activity. If additional expenditure authorization in the Michigan
1 administrative information network is approved by the state budget
2 office under this section, the department and the state budget office
3 shall notify the house and senate appropriations subcommittees on state
4 police and military and veterans affairs and the house and senate
5 fiscal agencies within 10 days after the approval. The notification
6 shall include the amount and source of the additional authorization,
7 the date of its approval, and the projected use of funds to be expended
8 under the authorization.
9 UNIFORM SERVICES
10 Sec. 901. State police enlisted personnel who are employed to
11 enforce traffic laws as provided in section 629e of the Michigan
12 vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited from
13 responding to crimes in progress or other emergency situations, and are
14 responsible for protecting every citizen of this state from harm.
15 SPECIAL OPERATIONS
16 Sec. 1001. In addition to the appropriations in section 112 to the
17 department of state police for the aviation program, the department is
18 authorized to sell its aircraft and the proceeds from the sale are
19 appropriated and may be applied to the renovation cost of replacement
20 aircraft. If additional expenditure authorization in the Michigan
21 administrative information network is approved by the state budget
22 office under this section, the department and the state budget office
23 shall notify the house and senate appropriations subcommittees on state
24 police and military and veterans affairs and the house and senate
25 fiscal agencies within 10 days after the approval. The notification
26 shall include the amount and source of the additional authorization,
27 the date of its approval, and the projected use of funds to be expended
1 under the authorization.
2 Sec. 1002. Money privately donated to the department is
3 appropriated under section 112 to purchase equipment and other items to
4 enhance operations.