SENATE BILL No. 978

EXECUTIVE BUDGET BILL

February 3, 2000, Introduced by Senators HOFFMAN, NORTH, VAUGHN and JOHNSON 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, 2001; 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, 2001, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF STATE POLICE

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 5.0

Full-time equated classified positions 3,600.0

GROSS APPROPRIATION $ 398,599,100

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental

transfers 21,719,500 ADJUSTED GROSS APPROPRIATION $ 376,879,600

Federal revenues:

Total federal revenues 33,949,300

Special revenue funds:

Total local revenues 3,495,300

Total private revenues 0

Total other state restricted revenues 43,071,600

State general fund/general purpose $ 296,363,400

Sec. 102. EXECUTIVE DIRECTION

Full-time equated unclassified positions 5.0

Full-time equated classified positions 52.0

Unclassified positions $ 413,700

Executive direction--45.0 FTE positions 3,845,500

Auto theft prevention program--7.0

FTE positions 6,528,200

GROSS APPROPRIATION $ 10,787,400

Appropriated from:

Special revenue funds:

Auto theft prevention fees 6,528,200

State general fund/general purpose $ 4,259,200

Sec. 103. DEPARTMENTWIDE APPROPRIATIONS

Special maintenance and utilities $ 467,900

Worker's compensation 2,539,000 Fleet leasing 13,190,300 In-service training 850,000 Rent and building occupancy charges 8,814,000 Narcotics investigation funds 265,000

GROSS APPROPRIATION $ 26,126,200 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 $ 25,011,200

Sec. 104. SUPPORT SERVICES

Full-time equated classified positions 132.5

Human resources--28.5 FTE positions $ 2,133,500 Management services--60.0 FTE positions 4,065,600 Training administration--44.0 FTE positions 4,823,500 GROSS APPROPRIATION $ 11,022,600 Appropriated from:

Interdepartmental grant revenues:

IDG-training academy charges 2,663,600

Special revenue funds:

Local-LEIN fees 31,900

Auto theft prevention fees 21,000

Reimbursements 10,000

Precision driving track fees 264,100

Narcotics investigation revenues 40,600

Motor carrier fees 76,300

State general fund/general purpose $ 7,915,100

Sec. 105. HIGHWAY SAFETY PLANNING

Full-time equated classified positions 26.0

State program planning and administration--14.0 FTE

positions $ 1,214,100

Grants to local governments and nonprofit

organizations 4,000,000

Secondary road patrol administration--1.0 FTE

position 86,200

Secondary road patrol and traffic accident basic

grants 5,702,100

Secondary road patrol and traffic accident enhanced

grants 6,152,300

Truck safety program--2.0 FTE positions 2,971,600

Field coordination and analysis--8.0 FTE

positions 1,360,000

Highway traffic safety--1.0 FTE position 3,113,800 GROSS APPROPRIATION $ 24,600,100 Appropriated from:

Federal revenues:

DOJ 200,000

DOT-NHTSA 8,903,300

Special revenue funds:

Truck safety fund 2,971,600

Secondary road patrol and training fund 6,152,300

State general fund/general purpose $ 6,372,900

Sec. 106. CENTRAL RECORDS

Full-time equated classified positions 78.5

Central records division--60.0 FTE positions $ 4,669,800 Criminal records improvement--1.0 FTE

position 2,727,600 Traffic safety--17.5 FTE positions 1,513,000 GROSS APPROPRIATION $ 8,910,400 Appropriated from:

Interdepartmental grant revenues:

IDG-MDOS 307,900

IDG-MDOT, state trunkline fund 330,900

Federal revenues:

DOJ 2,727,600

DOT-NHTSA 386,700

Special revenue funds:

Central records service fees 2,030,700 State general fund/general purpose $ 3,126,600 Sec. 107. CRIMINAL JUSTICE DATA CENTER

Full-time equated classified positions 69.0

State police - management information systems-- 24.5

FTE positions $ 3,146,500

Local LEIN services--23.5 FTE positions 5,255,100

Automated fingerprint identification system--21.0

FTE positions 2,869,300

Computer services 655,600 GROSS APPROPRIATION $ 11,926,500 Appropriated from:

Special revenue funds:

Local - LEIN fees 2,026,400 Local - AFIS fees 33,000

State general fund/general purpose $ 9,867,100

Sec. 108. FORENSIC SCIENCES

Full-time equated classified positions 210.0

Laboratory operations--191.0 FTE positions $ 16,121,300 DNA analysis program--19.0 FTE positions 2,307,800 Grant to city of Detroit 921,100 GROSS APPROPRIATION $ 19,350,200 Appropriated from:

Federal revenues:

DOJ 580,200

Special revenue funds:

Forensic science reimbursement fees 15,000

State forensic laboratory fund 455,000

State general fund/general purpose $ 18,300,000

Sec. 109. COMMISSION ON LAW ENFORCEMENT STANDARDS

Full-time equated classified positions 22.5

Standards and training--18.5 FTE positions $ 1,535,400 Training only to local units 659,400 Officer's survivor tuition program 50,000 Michigan justice training commission--4.0 FTE

positions 9,026,100

GROSS APPROPRIATION $ 11,270,900 Appropriated from:

Federal revenues:

DOJ 360,000

Special revenue funds:

Secondary road patrol and training fund 659,400

Michigan justice training fund 9,026,100

State general fund/general purpose $ 1,225,400

Sec. 110. FIRE MARSHAL

Full-time equated classified positions 51.0

Fire marshal programs--44.0 FTE positions $ 3,925,000 Fire investigation training to locals 51,500

Fire fighters training council--7.0 FTE

positions 1,505,600

GROSS APPROPRIATION $ 5,482,100 Appropriated from:

Federal revenues:

FEMA 50,000

DOT-RSPA, interagency hazardous materials public

training 50,000

Special revenue funds:

State general fund/general purpose $ 5,382,100

Sec. 111. EMERGENCY MANAGEMENT

Full-time equated classified positions 49.0

Emergency management planning and administration--

32.0 FTE positions $ 2,896,700

Grants to local government 2,182,100

FEMA program assistance--3.0 FTE positions 954,600

Nuclear power plant emergency planning--6.0 FTE

positions 1,124,200

Hazardous materials transportation--1.0 FTE

position 613,000

Hazardous materials programs--7.0 FTE positions 1,834,200

GROSS APPROPRIATION $ 9,604,800 Appropriated from:

Federal revenues:

FEMA 4,613,900

DOT-RSPA, interagency hazardous materials public

sector training planning grants 613,000

DOJ 249,900

Special revenue funds:

Nuclear plant emergency planning reimbursement 1,124,200

Hazardous materials training center fees 1,249,100

State general fund/general purpose $ 1,754,700

Sec. 112. UNIFORM SERVICES

Full-time equated classified positions 2,077.5

Uniform services--610.0 FTE positions $ 50,124,800 Security guards--35.0 FTE positions 1,456,000 Reimbursed services 506,900

State commercial mobile radio service

projects 837,000

At-post troopers--1,432.5 FTE positions 115,347,400

GROSS APPROPRIATION $ 168,272,100 Appropriated from:

Interdepartmental grant revenues:

IDG-MDOC 102,000

IDG-MDMB, building occupancy charges 610,100

IDG-MDTR, emergency telephone fund 837,000

Federal revenues:

DOL-ETA 150,000

DOJ 500,000

Special revenue funds:

Highway safety fund 6,555,600

State police service fees 506,900

State general fund/general purpose $ 159,010,500

Sec. 113. SPECIAL OPERATIONS

Full-time equated classified positions 156.5

Operational support--35.0 FTE positions $ 2,470,200 Traffic services--13.5 FTE positions 3,564,400 Aviation program--8.0 FTE positions 1,693,500 Communications--100.0 FTE positions 14,727,600 GROSS APPROPRIATION $ 22,455,700 Appropriated from:

Interdepartmental grant revenues:

IDG-MDOC, contract 76,000

Federal revenues:

DOT-NHTSA 2,040,700

Special revenue funds:

Rental of department aircraft 201,300

Drunk driving prevention and training fund 833,600

State general fund/general purpose $ 19,304,100

Sec. 114. CRIMINAL INVESTIGATIONS

Full-time equated classified positions 457.5

Criminal investigations--333.5 FTE positions $ 32,857,500 Federal anti-drug initiatives--72.0 FTE

positions 9,884,100 Reimbursed services, materials, and equipment 1,715,600 Auto theft prevention--10.0 FTE positions 1,129,300 Casino gaming oversight--42.0 FTE positions 5,309,700 GROSS APPROPRIATION $ 50,896,200 Appropriated from:

Interdepartmental grant revenues:

IDT-auto theft funds 863,600

IDG-MDTR, casino gaming fees 5,309,600

IDG-MDCH, tobacco tax 656,900

Federal revenues:

Federal investigations-reimbursed services 311,600

DOJ 7,396,400 Federal narcotics investigation revenues 379,700

Special revenue funds:

Local-reimbursed services 1,404,000

Narcotics investigations revenues 535,100

Forfeiture funds 269,500

Licensing fees 415,400

State general fund/general purpose $ 33,354,400

Sec. 115. MOTOR CARRIER ENFORCEMENT

Full-time equated classified positions 218.0

Motor carrier enforcement--135.0 FTE

positions $ 10,204,500 Truck safety enforcement team operations--15.0 FTE

positions 1,022,400

Safety inspections--45.5 FTE positions 4,357,400

School bus inspections--16.0 FTE positions 1,480,100

Safety projects--6.5 FTE positions 829,500

GROSS APPROPRIATION $ 17,893,900 Appropriated from:

Interdepartmental grant revenues:

IDT-truck safety fund 1,094,100 IDG-MDOT,state trunkline fund 8,017,800

Federal revenues:

DOT-NHTSA 4,341,300

Special revenue funds:

Motor carrier fees 2,960,600

State general fund/general purpose $ 1,480,100

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending under part 1 for fiscal year 2000-2001 is $339,435,000.00 and state appropriations to be paid to local units of government are as follows:

DEPARTMENT OF STATE POLICE

Secondary road patrol and traffic accident basic

grants $ 5,702,100

Secondary road patrol and traffic accident enhanced

grants 6,152,300

Grant to city of Detroit 921,100

Training only to local units 659,400

Michigan justice training commission 5,624,700

Fire fighters training council 773,000

Fire investigation training to locals 51,500

Total $ 19,884,100

(2) If it appears to the principal executive officer of a

department or branch that state spending to local units of government will be less than the amount that was projected to be expended for any quarter under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director, the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies.

Sec. 202. The expenditures and funding sources authorized under this bill are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. (1) In addition to the funds appropriated in 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 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

(2) In addition to the funds appropriated in 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 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in 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 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in 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 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 204. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.

Sec. 205. As used in this bill:

(a) "AFIS" means the automated fingerprint identification system.

(b) "COLES" means the commission on law enforcement standards.

(c) "Department" means the Michigan department of state police.

(d) "DNA" means deoxyribonucleic acid.

(e) "DOJ" means the United States department of justice.

(f) "DOL-ETA" means the DOL employment and training administration.

(g) "DOT-NHTSA" means DOT national highway traffic safety administration.

(h) "DOT-RSPA" means the DOT research and special programs

administration.

(i) "FEMA" means the federal emergency management agency.

(j) "FTE" means full-time equated.

(k) "IDG" means interdepartmental grant.

(l) "IDT" means intradepartmental transfer.

(m) "LEIN" means law enforcement information network.

(n) "MDCH" means the Michigan department of community health.

(o) "MDMB" means the Michigan department of management and budget.

(p) "MDOC" means the Michigan department of corrections.

(q) "MDOS" means the Michigan department of state.

(r) "MDOT" means the Michigan department of transportation.

(s) "MDTR" means the Michigan department of treasury.

Sec. 206. (1) Beginning October 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 or to positions that are funded with 80% or more federal or restricted funds.

(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services. The state budget director shall report by the 30TH of each month 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 month and the reasons to justify the exception.

Sec. 207. Of the state general fund/general purpose revenue appropriated in this bill, $86,693,800.00 represents a state spending increase over the amount provided to the department of state police for the fiscal year ending September 30, 1994, and may be used to meet state match requirements of programs contained in the federal violent crime control and law enforcement act of 1994, or successor grant programs, so that any additional federal money received supplements funding provided to the department of state police in this bill.

Sec. 208. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate subcommittees of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate subcommittees of the senate and house of representatives standing committees on appropriations and the senate

and house fiscal agencies within 30 months.

Sec. 209. The department shall continue to pilot the use of the Internet to fulfill the reporting requirements in 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 the Internet or on the Intranet. The appropriations subcommittee shall be notified in writing of the Internet/Intranet site of any such report.

CRIMINAL JUSTICE DATA CENTER

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 mainframe computer system.

FORENSIC SCIENCES

Sec. 401. The grant to the city of Detroit under part 1 shall be allocated by the city to the Detroit crime lab and to the Detroit police special events.

COMMISSION ON LAW ENFORCEMENT STANDARDS

Sec. 501. The money appropriated to the COLES 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 COLES.

EMERGENCY MANAGEMENT

Sec. 601. (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.

UNIFORM SERVICES

Sec. 701. The department shall not expend any portion of

the money appropriated in this bill, including any expenditure made under an executive order, to plan for or to implement a roadblock or check lane system that has as its primary objective the deterrence or detection of intoxicated drivers in this state.

Sec. 702. 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. 801. (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, 2001, and on October 15, 2001, indicating the amount of revenue collected under this section and deposited to the state general fund for the immediately preceding 6-month period.

Sec. 802. 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.

Final page.