EXECUTIVE BUDGET BILL
February 21, 2006, Introduced by Rep. Brown and referred to the Committee on Appropriations.
A bill to make appropriations for the department of state
police and certain other state purposes for the fiscal year ending
September 30, 2007; 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, 2007, 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........ 2,900.0
GROSS APPROPRIATION.................................... $ 578,496,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 22,642,400
ADJUSTED GROSS APPROPRIATION........................... $ 555,854,400
Federal revenues:
Total federal revenues................................. 181,013,300
Special revenue funds:
Total local revenues................................... 8,088,900
Total private revenues................................. 80,300
Total state restricted revenues........................ 111,373,200
State general fund/general purpose..................... $ 255,298,700
Sec. 102. EXECUTIVE DIRECTION
Full-time equated unclassified positions ......... 3.0
Full-time equated classified positions........... 39.0
Unclassified positions................................. $ 238,300
Executive direction--34.0 FTE positions................ 3,720,400
Auto theft prevention program--5.0 FTE positions....... 10,729,400
GROSS APPROPRIATION.................................... $ 14,688,100
Appropriated from:
Special revenue funds:
Auto theft prevention fund............................. 10,729,400
State general fund/general purpose..................... $ 3,958,700
Sec. 103. DEPARTMENTWIDE APPROPRIATIONS
Special maintenance and utilities...................... $ 447,600
Rent and building occupancy charges.................... 9,039,600
Worker's compensation.................................. 2,917,000
Fleet leasing.......................................... 13,919,200
In-service training.................................... 850,000
Narcotics investigation funds.......................... 265,000
GROSS APPROPRIATION.................................... $ 27,438,400
Appropriated from:
Interdepartmental grant revenues:
IDG, training academy charges.......................... 255,200
IDT, Michigan justice training fund.................... 850,000
Federal revenues:
Federal narcotics investigation revenues............... 95,000
DOT.................................................... 22,700
DHS.................................................... 10,400
Special revenue funds:
Forensic science reimbursement fees.................... 90,600
Narcotics investigation revenues....................... 170,000
State forensic laboratory fund......................... 90,600
Criminal justice information center service fees....... 179,500
Secondary road patrol and training fund................ 2,900
Hazardous materials training center fees............... 73,500
Michigan justice training fund......................... 5,800
Motor carrier fees..................................... 6,700
Highway safety fund.................................... 7,200
Traffic law enforcement and safety fund................ 14,200
State general fund/general purpose..................... $ 25,564,100
Sec. 104. SUPPORT SERVICES
Full-time equated classified positions............ 208.0
Human resources--26.0 FTE positions.................... $ 2,254,800
Human resources optimization user charges.............. 173,600
Management services--112.0 FTE positions............... 11,910,800
Training administration--37.0 FTE positions............ 5,638,800
Communications--8.0 FTE positions...................... 3,171,500
Budget and financial services--25.0 FTE positions...... 2,180,600
GROSS APPROPRIATION.................................... $ 25,330,100
Appropriated from:
Interdepartmental grant revenues:
IDT, auto theft funds.................................. 25,800
IDG, training academy charges.......................... 3,121,100
IDT, truck safety fund................................. 4,900
IDG-MDOT, state trunkline fund......................... 34,600
IDG-MDTR, casino gaming fees........................... 33,400
IDG-MDTR, emergency telephone fund coordinator......... 411,200
IDG-MDTR, emergency telephone fund operations.......... 411,200
IDG-MDOC, contract..................................... 1,039,600
Federal revenues:
DOT.................................................... 205,600
Special revenues funds:
Local - LEIN fees...................................... 248,900
Highway safety fund.................................... 137,700
Auto theft prevention fund............................. 4,900
Nuclear plant emergency planning reimbursement......... 3,400
Precision driving track fees........................... 287,100
Criminal justice information center service fees....... 411,900
Traffic law enforcement and safety fund................ 237,800
Reimbursed services.................................... 1,326,800
Motor carrier fees..................................... 170,100
Forensic science reimbursement fees.................... 30,200
State general fund/general purpose..................... $ 17,183,900
Sec. 105. HIGHWAY SAFETY PLANNING
Full-time equated classified positions........... 26.0
State program planning and administration--14.0 FTE
positions............................................ $ 1,227,200
Grants to local governments and nonprofit
organizations........................................ 4,500,000
Secondary road patrol program--2.0 FTE positions....... 14,024,700
Truck safety program--2.0 FTE positions................ 2,996,300
Highway traffic safety coordination--8.0 FTE positions. 6,089,800
GROSS APPROPRIATION.................................... $ 28,838,000
Appropriated from:
Federal revenues:
DOT.................................................... 10,707,300
DOJ.................................................... 573,200
Special revenue funds:
Truck driver safety fund............................... 2,996,300
Secondary road patrol and training fund................ 14,024,700
State general fund/general purpose..................... $ 536,500
Sec. 106. CRIMINAL JUSTICE INFORMATION CENTER
Full-time equated classified positions........... 94.0
Criminal justice information center division--77.0
FTE positions........................................ $ 10,679,600
Criminal records improvement--1.0 FTE position......... 4,745,600
Traffic safety--16.0 FTE positions..................... 2,781,400
GROSS APPROPRIATION.................................... $ 18,206,600
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOS............................................... 320,900
IDG-MDOT, state trunkline fund......................... 467,400
Federal revenues:
DOJ.................................................... 4,745,600
DOT.................................................... 1,436,600
Special revenue funds:
Sex offender registration fund......................... 264,000
Criminal justice information center service fees....... 9,933,900
Traffic crash revenue.................................. 76,400
State general fund/general purpose..................... $ 961,800
Sec. 107. FORENSIC SCIENCES
Full-time equated classified positions.......... 220.0
Laboratory operations--180.0 FTE positions............. $ 19,093,000
DNA analysis program--40.0 FTE positions............... 8,836,900
GROSS APPROPRIATION.................................... $ 27,929,900
Appropriated from:
Federal revenues:
DOJ.................................................... 3,674,400
Special revenue funds:
Forensic science reimbursement fees.................... 2,258,800
State forensic laboratory fund......................... 1,766,300
State general fund/general purpose..................... $ 20,230,400
Sec. 108. MICHIGAN COMMISSION ON LAW ENFORCEMENT
STANDARDS
Full-time equated classified positions........... 28.0
Standards and training--22.0 FTE positions............. $ 2,138,200
Justice training grants--4.0 FTE positions............. 9,096,200
Concealed weapons enforcement training................. 140,000
Training only to local units--2.0 FTE positions........ 845,700
Officer's survivor tuition program..................... 48,500
Public safety officers benefit program................. 150,000
GROSS APPROPRIATION.................................... $ 12,418,600
Appropriated from:
Federal revenues:
DOJ.................................................... 180,600
Special revenue funds:
Secondary road patrol and training fund................ 845,700
Michigan justice training fund......................... 9,218,000
Licensing fees......................................... 5,200
Concealed weapons enforcement fee...................... 140,000
State general fund/general purpose..................... $ 2,029,100
Sec. 109. EMERGENCY MANAGEMENT
Full-time equated classified positions........... 72.0
Emergency management planning and
administration--55.0 FTE positions................... $ 4,614,900
Grants to local government............................. 2,482,100
FEMA program assistance--3.0 FTE positions............. 1,012,100
Nuclear power plant emergency planning--6.0 FTE
positions............................................ 1,288,900
Hazardous materials transportation--1.0 FTE position... 583,800
Hazardous materials programs--7.0 FTE positions........ 121,753,200
Disaster assistance.................................... 12,000,000
GROSS APPROPRIATION.................................... $ 143,735,000
Appropriated from:
Federal revenues:
DOT.................................................... 583,800
DHS.................................................... 138,395,800
Special revenue funds:
Nuclear plant emergency planning reimbursement......... 1,288,900
Hazardous materials training center fees............... 1,389,200
State general fund/general purpose..................... $ 2,077,300
Sec. 110. POST UNIFORM SERVICES
Full-time equated classified positions........ 1,580.0
Uniform services--424.0 FTE positions.................. $ 43,430,000
Security guards--15.0 FTE positions.................... $ 1,054,700
Reimbursed services.................................... 1,628,000
At-post troopers--1,141.0 FTE positions................ 128,902,300
GROSS APPROPRIATION.................................... $ 175,015,000
Appropriated from:
Interdepartmental grant revenues:
IDG-MDMB, building occupancy charges................... $ 648,400
Federal revenues:
DOJ.................................................... 723,300
Special revenue funds:
Highway safety fund.................................... 15,451,400
Traffic law enforcement and safety fund................ 29,303,000
State police service fees.............................. 1,628,000
State general fund/general purpose..................... $ 127,260,900
Sec. 111. STATEWIDE FIELD OPERATIONS
Full-time equated classified positions........... 49.0
Operational support--34.0 FTE positions................ $ 3,178,600
Traffic services--10.0 FTE positions................... 3,741,000
Aviation program--5.0 FTE positions.................... 1,143,100
GROSS APPROPRIATION.................................... $ 8,062,700
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOC, contract..................................... 93,000
Federal revenues:
DOT.................................................... 1,760,100
Special revenue funds:
Private donations...................................... 80,300
Rental of department aircraft.......................... 175,900
Drunk driving prevention and training fund............. 1,265,000
State general fund/general purpose..................... $ 4,688,400
Sec. 112. SPECIAL INVESTIGATIONS
Full-time equated classified positions.......... 370.0
Criminal investigations--254.0 FTE positions........... $ 32,144,300
Federal antidrug initiatives--62.0 FTE positions....... 11,157,800
Reimbursed services, materials, and equipment.......... 2,613,600
Auto theft prevention--9.0 FTE positions............... 1,595,900
Casino gaming oversight--32.0 FTE positions............ 4,184,200
Fire investigation--13.0 FTE positions................. 1,385,000
Fire investigation training to locals.................. 50,000
GROSS APPROPRIATION.................................... $ 53,130,800
Appropriated from:
Interdepartmental grant revenues:
IDT, auto theft funds.................................. 1,299,800
IDG-MDTR, casino gaming fees........................... 4,184,200
IDG-MDCH, tobacco tax.................................. 610,000
Federal revenues:
Federal investigations - reimbursed services........... 742,700
DOJ.................................................... 8,314,700
Federal narcotics investigation revenues............... 443,200
Special revenue funds:
Local - reimbursed services............................ 1,870,900
Narcotics investigation revenues....................... 648,800
Forfeiture funds....................................... 450,400
State general fund/general purpose..................... $ 34,566,100
Sec. 113. MOTOR CARRIER ENFORCEMENT
Full-time equated classified positions.......... 214.0
Motor carrier enforcement--106.0 FTE positions......... $ 10,097,700
Truck safety enforcement team operations--10.0 FTE
positions............................................ 1,284,900
Safety inspections--64.0 FTE positions................. 7,900,800
School bus inspections--16.0 FTE positions............. 1,340,000
Safety projects--18.0 FTE positions.................... 2,044,500
GROSS APPROPRIATION.................................... $ 22,667,900
Appropriated from:
Interdepartmental grant revenues:
IDT, truck safety fund................................. 1,284,900
IDG-MDOT, state trunkline fund......................... 7,430,900
Federal revenues:
DOT.................................................... 8,365,200
Special revenue funds:
Local - school bus revenue............................. 1,340,000
Motor carrier fees..................................... 4,246,900
State general fund/general purpose..................... $ 0
Sec. 114. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 21,035,700
GROSS APPROPRIATION.................................... $ 21,035,700
Appropriated from:
Interdepartmental grant revenues:
IDG-MDTR, casino gaming fees........................... 81,800
IDG-MDOT, state trunkline fund......................... 34,100
Federal revenues:
DOT.................................................... 33,100
Special revenue funds:
Local - LEIN fees...................................... 3,591,400
Local - AFIS fees...................................... 37,700
Local - MPSCS subscriber fees.......................... 1,000,000
Motor carrier fees..................................... 16,100
State general fund/general purpose .................... $ 16,241,500
PART 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 2006-2007 is $366,671,900.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2006-2007 is $19,899,200.00. 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.......................... $ 13,884,500
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Training only to local units........................... $ 650,200
Justice training grants................................ 4,903,300
SPECIAL INVESTIGATIONS
Fire investigation training for locals................. 50,000
SUPPORT SERVICES
Communications......................................... $ 411,200
Total.................................................. $ 19,899,200
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) "DHS" means the United States department of homeland
security.
(d) "DNA" means deoxyribonucleic acid.
(e) "DOJ" means the United States department of justice.
(f) "DOT" means the United States department of
transportation.
(g) "FEMA" means the federal emergency management agency.
(h) "FTE" means full-time equated.
(i) "IDG" means interdepartmental grant.
(j) "IDT" means intradepartmental transfer.
(k) "LEIN" means law enforcement information network.
(l) "MCOLES" means the Michigan commission on law enforcement
standards.
(m) "MDCH" means the Michigan department of community health.
(n) "MDMB" means the Michigan department of management and
budget.
(o) "MDOC" means the Michigan department of corrections.
(p) "MDOS" means the Michigan department of state.
(q) "MDOT" means the Michigan department of transportation.
(r) "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 1 position
to another within a department.
(2) The state budget director may 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 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 of
representatives 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 department of 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 department of 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 department of 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 department of 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 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. 209. 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 should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality.
Sec. 210. 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. 216. The department shall collect and computerize the
information of all vehicles that are entered into the state
accident data collection system and make this information available
to the public at cost. For bulk access to the accident records in
which the vehicle identification number (VIN) has been collected
and computerized, the department shall make those records available
to the public at cost, provided that the name and address have been
excluded. Revenue collected under this section shall be used for
the collection, validation, storage and dissemination of accident
data.
Sec. 223. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2007 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house of representatives standing committees on
appropriations.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing 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 chairs and members of the senate and house of
representatives standing committees on appropriations, the fiscal
agencies, and the state budget director. The report shall include
the following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) 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.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 301. 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 system.
Sec. 302. From the funds appropriated in part 1 for
information technology, departments and agencies 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 departments and
agencies and the department of information technology.
Sec. 303. 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.
HIGHWAY SAFETY PLANNING
Sec. 401. Before January 1, 2007, the department shall report
to the senate and house appropriations subcommittees on state
police and military and veterans affairs on the status of
assessments collected and authorized under section 629e of the
Michigan vehicle code, 1949 PA 300, MCL 257.629e, for the purposes
of supporting the secondary road patrol grant program. Each annual
report shall contain updated information on collection levels,
revised projected grant allotments to counties for the year, a
comparison of projected collections and grant distribution levels
with the funds appropriated in part 1 for the secondary road patrol
program, and the extent collection levels have exceeded or failed
to meet appropriated levels for the preceding fiscal year or
expenditure levels from the previous fiscal year.
FORENSIC SCIENCES
Sec. 501. (1) When changes are made to the department’s
protocol for retaining and purging DNA analysis samples and
records, the department shall provide a copy to every police agency
in the state.
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 601. 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. 801. (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 30.421. 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.
(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 additional expenditure authorization in
the Michigan administrative information network is approved by the
state budget office under this section, there is appropriated an
amount sufficient to cover the expenditures and the department and
the state budget office shall notify the house and senate
appropriations subcommittees on state police and military and
veterans affairs and the house and senate fiscal agencies within 10
days after the approval. The notification shall include the amount
and source of the additional authorization, the date of its
approval, and the projected use of funds to be expended under the
authorization.
POST UNIFORM SERVICES
Sec. 901. 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.
STATEWIDE FIELD OPERATIONS
Sec. 1001. 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, cost of enhancing and maintaining existing
aircraft, pilot training cost, and reimbursement for use of other
state agency aircraft. If additional expenditure authorization in
the Michigan administrative information network is approved by the
state budget office under this section, the department and the
state budget office shall notify the house and senate
appropriations subcommittees on state police and military and
veterans affairs and the house and senate fiscal agencies within 10
days after the approval. The notification shall include the amount
and source of the additional authorization, the date of its
approval, and the projected use of funds to be expended under the
authorization.
Sec. 1002. Money privately donated to the department is
appropriated under part 1 to be used for the purposes designated by
the donor of the money. Money privately donated to the department's
canine unit shall be used to purchase equipment and other items to
enhance the operation of the canine unit.