February 15, 2001, Introduced by Reps. Cameron Brown, Pappageorge, Mead, Newell, Pumford, Vander Roest, Jansen, Kooiman, Mortimer, Stamas and Shulman 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, 2002; 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:
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, 2002, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF STATE POLICE
Full-time equated unclassified positions 3.0
Full-time equated classified positions 3,637.5
GROSS APPROPRIATION $ 415,210,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers 18,552,900 ADJUSTED GROSS APPROPRIATION $ 396,657,900
Federal revenues:
Total federal revenues 38,251,000
Special revenue funds:
Total local revenues 3,913,700
Total private revenues 0
Total other state restricted revenues 46,571,000
State general fund/general purpose $ 307,922,200
Sec. 102. EXECUTIVE DIRECTION
Full-time equated unclassified positions 3.0
Full-time equated classified positions 36.0
Unclassified positions $ 265,600
Executive direction--29.0 FTE positions 3,374,600
Auto theft prevention program--7.0
FTE positions 6,539,600
GROSS APPROPRIATION $ 10,179,800
Appropriated from:
Special revenue funds:
Auto theft prevention fees 6,539,600
State general fund/general purpose $ 3,640,200
Sec. 103. DEPARTMENTWIDE APPROPRIATIONS
Special maintenance and utilities $ 479,400
Rent and building occupancy charges 7,789,400
Worker's compensation 2,553,000 Fleet leasing 14,638,000 In-service training 850,000 Narcotics investigation funds 265,000 GROSS APPROPRIATION $ 26,574,800 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 $ 25,459,800
Sec. 104. SUPPORT SERVICES
Full-time equated classified positions 267.5
Human resources--35.5 FTE positions $ 2,773,500 Management services--60.0 FTE positions 4,031,100 Training administration--44.0 FTE positions 4,905,800
Communications--128.0 FTE positions 19,349,800
GROSS APPROPRIATION $ 31,060,200 Appropriated from:
Interdepartmental grant revenues:
IDG, training academy charges 2,708,600
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 122,000
State general fund/general purpose $ 27,862,000
Sec. 105. HIGHWAY SAFETY PLANNING
Full-time equated classified positions 26.0
State program planning and administration--14.0 FTE
positions $ 1,210,800
Grants to local governments and nonprofit
organizations 4,000,000
Secondary road patrol administration--1.0 FTE
position 134,100
Secondary road patrol and traffic accident basic
grants 6,233,300
Secondary road patrol and traffic accident enhanced
grants 6,152,300
Truck safety program--2.0 FTE positions 2,972,700 Field coordination and analysis--8.0 FTE
positions 1,371,800
Highway traffic safety--1.0 FTE position 3,113,800 GROSS APPROPRIATION $ 25,188,800 Appropriated from:
Federal revenues:
DOT-NHTSA 8,917,600
DOJ-OJJDP 200,000
Special revenue funds:
Truck driver safety fund 2,972,700
Secondary road patrol and training fund 6,152,300
State general fund/general purpose $ 6,946,200
Sec. 106. CRIMINAL JUSTICE INFORMATION CENTER
Full-time equated classified positions 96.5
Criminal justice information center division--78.0
FTE positions $ 7,773,300 Criminal records improvement--1.0 FTE
position 2,727,600 Traffic safety--17.5 FTE positions 1,531,300 GROSS APPROPRIATION $ 12,032,200 Appropriated from:
Interdepartmental grant revenues:
IDG-MDOS 315,400
IDG-MDOT, state trunkline fund 338,500
Federal revenues:
DOJ-BJS, national criminal history improvement
program (NCHIP) 2,627,400
DOJ-BJA, drug control and system improvements,
formula grants 100,200
DOT-NHTSA 386,700
Special revenue funds:
Criminal justice information center service
fees 2,092,500
Concealed weapons enforcement fee 140,000
State general fund/general purpose $ 6,031,500 Sec. 107. CRIMINAL JUSTICE DATA CENTER
Full-time equated classified positions 53.0
State police - management information systems--19.5
FTE positions $ 1,636,800
Local LEIN services--19.5 FTE positions 4,274,600
Automated fingerprint identification system--14.0
FTE positions 2,531,400
Computer services 1,918,000 GROSS APPROPRIATION $ 10,360,800 Appropriated from:
Special revenue funds:
Local - LEIN fees 2,035,600 Local - AFIS fees 33,000
State general fund/general purpose $ 8,292,200
Sec. 108. FORENSIC SCIENCES
Full-time equated classified positions 216.0
Laboratory operations--185.0 FTE positions $ 16,892,500 DNA analysis program--31.0 FTE positions 3,315,100 Grant to city of Detroit 921,100 GROSS APPROPRIATION $ 21,128,700 Appropriated from:
Federal revenues:
DOJ-BJA, drug control and system improvement,
formula grants 580,200
Special revenue funds:
Forensic science reimbursement fees 15,000
State forensic laboratory fund 900,000
State general fund/general purpose $ 19,633,500
Sec. 109. COMMISSION ON LAW ENFORCEMENT STANDARDS
Full-time equated classified positions 28.0
Standards and training--24.0 FTE positions $ 2,036,900 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 $ 11,772,400 Appropriated from:
Federal revenues:
DOJ-OJP 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 $ 1,726,900
Sec. 110. FIRE MARSHAL
Full-time equated classified positions 55.0
Fire marshal programs--44.0 FTE positions $ 4,000,700 Fire investigation training to locals 51,500
Fire fighters training council--11.0 FTE
positions 1,734,900
GROSS APPROPRIATION $ 5,787,100 Appropriated from:
Federal revenues:
FEMA-PTED, emergency management planning and
assistance 150,000
DOT-RSPA, interagency hazardous materials public
sector training and planning grants 85,000
Special revenue funds:
State general fund/general purpose $ 5,552,100
Sec. 111. EMERGENCY MANAGEMENT
Full-time equated classified positions 49.0
Emergency management planning and administration--
32.0 FTE positions $ 2,932,700
Grants to local government 2,182,100
FEMA program assistance--3.0 FTE positions 963,500
Nuclear power plant emergency planning--6.0 FTE
positions 1,133,500
Hazardous materials transportation--1.0 FTE
position 614,900
Hazardous materials programs--7.0 FTE positions 3,801,500
GROSS APPROPRIATION $ 11,628,200 Appropriated from:
Federal revenues:
FEMA-PTED, emergency management planning and
assistance 4,652,700
DOT-RSPA, interagency hazardous materials public
sector training and planning grants 579,900
DOJ-BJA, anti-terrorism grants 2,249,900
Special revenue funds:
Nuclear plant emergency planning reimbursement 1,133,500
Hazardous materials training center fees 1,255,200
State general fund/general purpose $ 1,757,000
Sec. 112. UNIFORM SERVICES
Full-time equated classified positions 2,084.5
Uniform services--610.0 FTE positions $ 51,954,300 Security guards--35.0 FTE positions 1,472,500 Reimbursed services 732,800
At-post troopers--1,439.5 FTE positions 117,134,600
State commercial mobile radio service
projects 837,000
GROSS APPROPRIATION $ 172,131,200 Appropriated from:
Interdepartmental grant revenues:
IDG-MDMB, building occupancy charges 610,100
IDG-MDOC 102,000
IDG-MDTR, emergency telephone fund 837,000
Federal revenues:
DOL-ETA 150,000
DOJ-COPS 500,000
Special revenue funds:
Highway safety fund 8,516,900
State police service fees 732,800
State general fund/general purpose $ 160,682,400
Sec. 113. SPECIAL OPERATIONS
Full-time equated classified positions 61.5
Operational support--40.0 FTE positions $ 3,053,600 Traffic services--13.5 FTE positions 4,153,200 Aviation program--8.0 FTE positions 1,803,100 GROSS APPROPRIATION $ 9,009,900 Appropriated from:
Interdepartmental grant revenues:
IDG-MDOC, contract 76,000
Federal revenues:
DOT-NHTSA 2,380,800
Special revenue funds:
Rental of department aircraft 201,300
Drunk driving prevention and training fund 971,500
State general fund/general purpose $ 5,380,300
Sec. 114. CRIMINAL INVESTIGATIONS
Full-time equated classified positions 455.5
Criminal investigations--341.5 FTE positions $ 34,492,300 Federal anti-drug initiatives--72.0 FTE
positions 10,071,900 Reimbursed services, materials, and equipment 2,326,800 Auto theft prevention--10.0 FTE positions 1,168,200 Casino gaming oversight-32.0 FTE positions 3,545,900 GROSS APPROPRIATION $ 51,605,100 Appropriated from:
Interdepartmental grant revenues:
IDT, auto theft funds 892,800
IDG-MDTR, casino gaming fees 3,545,900
IDG-MDCH, tobacco tax 682,300
Federal revenues:
Federal investigations-reimbursed services 513,600
DOJ-BJA, drug control and system improvement,
formula grants 7,523,100 Federal narcotics investigation revenues 383,100
Special revenue funds:
Local-reimbursed services 1,813,200
Narcotics investigation revenues 547,700
Forfeiture funds 269,500
Licensing fees 415,400
State general fund/general purpose $ 35,018,500
Sec. 115. MOTOR CARRIER ENFORCEMENT
Full-time equated classified positions 209.0
Motor carrier enforcement--127.0 FTE
positions $ 8,712,400 Truck safety enforcement team operations--15.0 FTE
positions 1,048,900
Safety inspections--44.5 FTE positions 5,815,800
School bus inspections--16.0 FTE positions 1,486,900
Safety projects--6.5 FTE positions 1,234,900
GROSS APPROPRIATION $ 18,298,900 Appropriated from:
Interdepartmental grant revenues:
IDT, truck safety fund 1,122,100 IDG-MDOT, state trunkline fund 6,472,200
Federal revenues:
DOT-NHTSA 5,815,800
Special revenue funds:
Motor carrier fees 3,401,900
State general fund/general purpose $ 1,486,900
Sec. 116. BUDGETARY SAVINGS
Budgetary savings $ (1,547,300)
GROSS APPROPRIATION $ (1,547,300)
Appropriated from:
State general fund/general purpose $ (1,547,300)
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 2001-2002 is $354,493,200.00 and state spending from state resources to be paid to local units of government for fiscal year 2001-2002 is $20,081,300.00. 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 and traffic accident
basic grants $ 6,233,300
Secondary road patrol and traffic accident
enhanced grants 6,152,300
FORENSIC SCIENCES
Grant to city of Detroit $ 921,100
COMMISSION ON LAW ENFORCEMENT STANDARDS
Training only to local units $ 659,400
Michigan justice training commission 5,624,700
FIRE MARSHAL
Fire fighters training council $ 439,000
Fire investigation training for locals 51,500
Total $ 20,081,300
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) "COLES" means the commission on law enforcement standards.
(c) "Department" means the department of state police.
(d) "DNA" means deoxyribonucleic acid.
(e) "DOJ" means the United States department of justice.
(f) "DOJ-BJA" means the DOJ bureau of justice assistance.
(g) "DOJ-BJS" means the DOJ bureau of justice statistics.
(h) "DOJ-COPS" means the DOJ community oriented policing services.
(i) "DOJ-OJJDP" means the DOJ office of juvenile justice and delinquency prevention.
(j) "DOJ-OJP" means the DOJ office of justice programs.
(k) "DOL" means the United States department of labor.
(l) "DOL-ETA" means the DOL employment and training administration.
(m) "DOT" means the United States department of transportation.
(n) "DOT-NHTSA" means DOT national highway traffic safety administration.
(o) "DOT-RSPA" means the DOT research and special programs administration.
(p) "FEMA" means the federal emergency management agency.
(q) "FEMA-PTED" means the FEMA preparedness, training, and exercises directorate.
(r) "FTE" means full-time equated.
(s) "IDG" means interdepartmental grant.
(t) "IDT" means intradepartmental transfer.
(u) "LEIN" means law enforcement information network.
(v) "MDCH" means the Michigan department of community health.
(w) "MDMB" means the Michigan department of management and budget.
(x) "MDOC" means the Michigan department of corrections.
(y) "MDOS" means the Michigan department of state.
(z) "MDOT" means the Michigan department of transportation.
(aa) "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) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 206. Unless otherwise specified, the department shall use the Internet to fulfill the reporting requirements of this bill. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Quarterly, the department shall provide to the appropriations subcommittee members, state budget office, and the fiscal agencies an electronic and paper copy listing of the reports submitted during the most recent 3-month period along with the Internet or Intranet site of each report, if any.
Sec. 207. (1) A hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from one position to another within a department.
(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services, cause loss of revenue to the state, result in the inability of the state to receive federal funds, or would necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report by the thirtieth of each month to the chairpersons of the senate and house 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. 208. (1) The negative appropriation for budgetary savings in part 1 shall be satisfied by savings from the hiring freeze imposed in Section 207 and, if necessary, by other savings identified by the department director and approved by the state budget director.
(2) Appropriation authorizations shall be adjusted after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 209. Of the state general fund/general purpose revenue appropriated in this bill, $98,252,500.00 represents a state spending increase over the amount provided to the department of state police for the fiscal year ending September 30, 1994, and may be used to meet state match requirements of programs contained in the violent crime
control and law enforcement act of 1994, Public Law 103-322, 108 Stat. 1796, or successor grant programs, so that any additional federal money received supplements funding provided to the department of state police in this bill.
SUPPORT SERVICES
Sec. 301. (1) Money appropriated under part 1 for the Michigan public safety communications system shall be expended upon approval of an expenditure plan by the state budget director.
(2) The department of state police shall assess all subscribers of the Michigan public safety communications system reasonable access and maintenance fees.
(3) All money received by the department of state police under this section shall be deposited to the state general fund pursuant to section 443 of the management and budget act, 1984 PA 431, MCL 18.1443.
(4) The department of state police shall provide a report to the house and senate appropriations committees, house and senate fiscal agencies, and the state budget director on April 15, 2002, and on October 15, 2002, indicating the amount of revenue collected under this section and deposited to the state general fund for the immediately preceding 6-month period.
CRIMINAL JUSTICE DATA CENTER
Sec. 401. 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. 501. 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. 601. 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. 701. (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. 801. 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. 802. 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. 901. 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.