March 2, 2005, Introduced by Senators CLARKE and EMERSON 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, 2006; 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, 2006, 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........ 2,897.0
GROSS APPROPRIATION.................................... $ 544,081,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers........................................... 20,736,300
ADJUSTED GROSS APPROPRIATION........................... $ 523,345,200
Federal revenues:
Total federal revenues................................. 170,821,000
Special revenue funds:
Total local revenues................................... 5,597,900
Total private revenues................................. 11,200
Total other state restricted revenues.................. 107,946,900
State general fund/general purpose..................... $ 238,968,200
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................ 3,591,200
Auto theft prevention program--5.0 FTE positions....... 7,133,500
GROSS APPROPRIATION.................................... $ 10,963,000
Appropriated from:
Special revenue funds:
Auto theft prevention fund............................. 7,133,500
Michigan justice training fund......................... 126,700
State general fund/general purpose..................... $ 3,702,800
Sec. 103. DEPARTMENTWIDE APPROPRIATIONS
Special maintenance and utilities...................... $ 479,400
Rent and building occupancy charges.................... 8,057,500
Worker’s compensation.................................. 3,090,000
Fleet leasing.......................................... 13,919,200
In-service training.................................... 850,000
Narcotics investigation funds.......................... 265,000
GROSS APPROPRIATION.................................... $ 26,661,100
Appropriated from:
Interdepartmental grant revenues:
IDT, Michigan justice training fund.................... 850,000
IDG, training academy charges.......................... 227,500
Federal revenues:
DOJ.................................................... 40,400
DOT.................................................... 20,200
DHS.................................................... 9,300
Federal narcotics investigation revenues............... 95,000
Special revenue funds:
Forensic science reimbursement fees.................... 80,800
State forensic laboratory fund......................... 80,800
Criminal justice information center service fees....... 119,400
Secondary road patrol and training fund................ 2,600
Hazardous materials training center fees............... 65,500
Michigan justice training fund......................... 5,200
Motor carrier fees..................................... 6,000
Highway safety fund.................................... 6,400
Traffic law enforcement and safety fund................ 12,700
Narcotics investigation revenues....................... 170,000
State general fund/general purpose..................... $ 24,869,300
Sec. 104. SUPPORT SERVICES
Full-time equated classified positions.......... 129.0
Human resources--26.0 FTE positions.................... $ 2,071,200
Human resources optimization user charges.............. 88,600
Management services--35.0 FTE positions................ 2,632,100
Training administration--37.0 FTE positions............ 4,483,400
Communications--8.0 FTE positions...................... 4,339,000
Budget and financial services--23.0 FTE positions...... 1,950,100
GROSS APPROPRIATION.................................... $ 15,564,400
Appropriated from:
Interdepartmental grant revenues:
IDT, truck safety fund................................. 4,600
IDT, auto theft funds.................................. 23,800
IDG-MDOT, state trunkline fund......................... 32,000
IDG, training academy charges.......................... 3,005,700
IDG-MDTR, casino gaming fees........................... 31,000
Special revenue funds:
Local - LEIN fees...................................... 36,100
Highway safety fund.................................... 127,200
Auto theft prevention fund............................. 4,600
Criminal justice information center services fees...... 146,500
Precision driving track fees........................... 287,900
Traffic law enforcement and safety fund................ 220,100
Reimbursed services.................................... 47,200
Motor carrier fees..................................... 141,100
Nuclear plant emergency planning reimbursement......... 3,300
State general fund/general purpose..................... $ 11,453,300
Sec. 105. HIGHWAY SAFETY PLANNING
Full-time equated classified positions........... 26.0
State program planning and administration--14.0 FTE
positions............................................ $ 1,202,000
Grants to local governments and nonprofit organizations 4,500,000
Secondary road patrol program--2.0 FTE positions....... 14,020,100
Truck safety program--2.0 FTE positions................ 2,993,300
Highway traffic safety coordination--8.0 FTE
positions............................................ 6,057,000
GROSS APPROPRIATION.................................... $ 28,772,400
Appropriated from:
Federal revenues:
DOT.................................................... 10,646,000
DOJ.................................................... 570,100
Special revenue funds:
Truck driver safety fund............................... 2,993,300
Secondary road patrol and training fund................ 14,020,100
State general fund/general purpose..................... $ 542,900
Sec. 106. CRIMINAL JUSTICE INFORMATION CENTER
Full-time equated classified positions........... 95.0
Criminal justice information center division--78.0
FTE positions........................................ $ 7,701,000
Criminal records improvement--1.0 FTE position......... 4,741,700
Traffic safety--16.0 FTE positions..................... 2,569,800
GROSS APPROPRIATION.................................... $ 15,012,500
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOS............................................... 315,900
IDG-MDOT, state trunkline fund......................... 359,800
Federal revenues:
DOJ.................................................... 4,741,700
DOT.................................................... 1,413,800
Special revenue funds:
Local-LEIN fees........................................ 205,100
Criminal justice information center service fees....... 6,886,200
Sex offender registration fund......................... 256,400
State general fund/general purpose..................... $ 833,600
Sec. 107. FORENSIC SCIENCES
Full-time equated classified positions.......... 220.0
Laboratory operations--180.0 FTE positions............. $ 19,307,400
DNA analysis program--40.0 FTE positions............... 8,720,600
GROSS APPROPRIATION.................................... $ 28,028,000
Appropriated from:
Federal revenues:
DOJ.................................................... 3,601,200
DOT.................................................... 730,900
Special revenue funds:
Forensic science reimbursement fees.................... 2,152,500
State forensic laboratory fund......................... 1,662,600
State general fund/general purpose..................... $ 19,880,800
Sec. 108. MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Full-time equated classified positions........... 28.0
Standards and training--22.0 FTE positions............. $ 2,337,400
Training only to local units--2.0 FTE positions........ 839,000
Concealed weapons enforcement training................. 140,000
Officer’s survivor tuition program..................... 48,800
Public safety officers benefit program................. 150,000
Justice training grants--4.0 FTE positions............. 9,078,300
GROSS APPROPRIATION.................................... $ 12,593,500
Appropriated from:
Federal revenues:
DOJ.................................................... 391,200
Special revenue funds:
Secondary road patrol and training fund................ 839,000
Concealed weapons enforcement fee...................... 140,000
Michigan justice training fund......................... 10,970,200
Licensing fees......................................... 54,300
State general fund/general purpose..................... $ 198,800
Sec. 109. EMERGENCY MANAGEMENT
Full-time equated classified positions........... 72.0
Emergency management planning and
administration--55.0 FTE positions................... $ 4,445,100
Grants to local government............................. 2,482,100
FEMA program assistance--3.0 FTE positions............. 995,700
Nuclear power plant emergency planning--6.0 FTE
positions............................................ 1,266,500
Hazardous materials transportation--1.0 FTE position... 582,600
Hazardous materials programs--7.0 FTE positions........ 121,703,400
GROSS APPROPRIATION.................................... $ 131,475,400
Appropriated from:
Federal revenues:
DOT.................................................... 582,600
DHS.................................................... 126,226,900
Special revenue funds:
Nuclear plant emergency planning reimbursement......... 1,266,500
Hazardous materials training center fees............... 1,339,000
State general fund/general purpose..................... $ 2,060,400
Sec. 110. UNIFORM SERVICES
Full-time equated classified positions........ 1,662.0
Uniform services--506.0 FTE positions.................. $ 47,444,000
Commercial mobile radio service projects............... 800,000
Security guards--15.0 FTE positions.................... 1,014,200
Reimbursed services.................................... 2,173,200
At-post troopers--1,141.0 FTE positions................ 121,232,500
GROSS APPROPRIATION.................................... $ 172,663,900
Appropriated from:
Interdepartmental grant revenues:
IDG-MDMB, building occupancy charges................... 610,100
IDG-MDTR emergency telephone fund operations........... 400,000
IDG-MDTR emergency telephone fund coordinator.......... 400,000
Federal revenues:
DOJ.................................................... 1,694,100
Special revenue funds:
Narcotics investigation revenues....................... 45,900
Highway safety fund.................................... 15,451,400
State police service fees.............................. 2,173,200
Traffic law enforcement and safety fund................ 31,303,000
State general fund/general purpose..................... $ 120,586,200
Sec. 111. SPECIAL OPERATIONS
Full-time equated classified positions........... 49.0
Operational support--34.0 FTE positions................ $ 3,015,200
Traffic services--10.0 FTE positions................... 3,423,400
Aviation program--5.0 FTE positions.................... 1,110,400
GROSS APPROPRIATION.................................... $ 7,549,000
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOC, contract..................................... 87,100
Federal revenues:
DOT.................................................... 1,666,000
Special revenue funds:
Private donations...................................... 11,200
Rental of department aircraft.......................... 169,000
Drunk driving prevention and training fund............. 1,077,600
State general fund/general purpose..................... $ 4,538,100
Sec. 112. CRIMINAL INVESTIGATIONS
Full-time equated classified positions.......... 363.0
Criminal investigations--258.0 FTE positions........... $ 31,375,600
Federal antidrug initiatives--62.0 FTE positions....... 10,756,900
Reimbursed services, materials, and equipment.......... 2,583,400
Auto theft prevention--9.0 FTE positions............... 1,511,900
Casino gaming oversight--32.0 FTE positions............ 3,948,700
Fire investigation--2.0 FTE positions.................. 247,100
GROSS APPROPRIATION.................................... $ 50,423,600
Appropriated from:
Interdepartmental grant revenues:
IDT, auto theft funds.................................. 1,230,800
IDG-MDTR, casino gaming fees........................... 3,948,700
IDG-MDCH, tobacco tax.................................. 610,000
Federal revenues:
Federal investigations - reimbursed services........... 734,100
DOJ.................................................... 8,039,000
Federal narcotics investigation revenues............... 424,000
Special revenue funds:
Local - reimbursed services............................ 1,849,300
Narcotics investigation revenues....................... 581,500
Forfeiture funds....................................... 390,100
State general fund/general purpose..................... $ 32,616,100
Sec. 113. MOTOR CARRIER ENFORCEMENT
Full-time equated classified positions.......... 214.0
Motor carrier enforcement--106.0 FTE positions......... $ 9,801,300
Truck safety enforcement team operations--10.0 FTE
positions............................................ 1,244,100
Safety inspections--64.0 FTE positions................. 7,641,000
School bus inspections--16.0 FTE positions............. 1,284,800
Safety projects--18.0 FTE positions.................... 1,975,500
GROSS APPROPRIATION.................................... $ 21,946,700
Appropriated from:
Interdepartmental grant revenues:
IDT, truck safety fund................................. 1,244,100
IDG-MDOT, state trunkline fund......................... 7,242,300
Federal revenues:
DOT.................................................... 8,088,300
Special revenue funds:
Motor carrier fees..................................... 4,087,200
Reimbursed services.................................... 1,284,800
State general fund/general purpose..................... $ 0
Sec. 114. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 22,428,000
GROSS APPROPRIATION.................................... $ 22,428,000
Appropriated from:
Interdepartmental grant revenues:
IDG-MDTR, casino gaming fees........................... 79,700
IDG-MDOT, state trunkline fund......................... 33,200
Federal revenues:
DOT.................................................... 1,106,200
Special revenue funds:
Local - LEIN fees...................................... 3,471,000
Local - AFIS fees...................................... 36,400
Motor carrier fees..................................... 15,600
State general fund/general purpose..................... $ 17,685,900
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 2005-2006 is $346,915,100.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2005-2006 is $20,451,900.00. 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.......................... $ 13,879,900
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Training only to local units........................... $ 650,200
Justice training grants................................ 5,521,800
UNIFORM SERVICES
Commercial mobile radio service projects............... 400,000
Total.................................................. $ 20,451,900
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. 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. 207. 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. 208. 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. 209. 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. 210. 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.
Sec. 211. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2006 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. 212. (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.
INFORMATION TECHNOLOGY
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.
HIGHWAY SAFETY PLANNING
Sec. 401. Before May 1, 2006, the department shall report to
the senate and house appropriations subcommittees on state police
and military 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. When changes are made to the department’s protocol
for retaining and purging DNA analysis samples and records, the
department shall provide an updated 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. The revenues collected are appropriated
for all expenses associated with these services and activities. 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.
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.
SPECIAL OPERATIONS
Sec. 1001. In addition to the appropriations in section 111 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 section 111 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.