SB-0145, As Passed Senate, May 4, 2017

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 145

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of state

 

police for the fiscal year ending September 30, 2018; and to

 

provide for the expenditure of the appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of state

 

police for the fiscal year ending September 30, 2018, from the

 

following funds:

 

DEPARTMENT OF STATE POLICE

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 3.0

 

   Full-time equated classified positions........ 3,437.0

 


Senate Bill No. 145 as amended May 4, 2017

 

GROSS APPROPRIATION.................................... $  <<687,239,100>>

 

   Interdepartmental grant revenues:

 

IDG from department of corrections.....................           344,200

 

IDG from department of state...........................           373,900

 

IDG from department of transportation..................        11,697,900

 

IDG from department of treasury........................         7,750,100

 

IDG from other restricted funding......................         2,569,100

 

Intradepartmental transfers............................         3,486,400

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        26,221,600

 

ADJUSTED GROSS APPROPRIATION........................... $  <<661,017,500>>

 

   Federal revenues:

 

Other federal revenues.................................        83,662,500

 

Total federal revenues.................................        83,662,500

 

   Special revenue funds:

 

Local revenues.........................................         5,835,200

 

Total local revenues...................................         5,835,200

 

Private revenues.......................................           178,100

 

Total private revenues.................................           178,100

 

Michigan merit award trust fund........................           843,000

 

Other state restricted revenue.........................       134,580,700

 

Total state restricted revenues........................       135,423,700

 

State general fund/general purpose..................... $  <<435,918,000>>

 

    State general fund/general purpose schedule:

 

   Ongoing state general fund/general

 

    purpose.............................................   <<422,451,700>>

 

   One-time state general fund/general


Senate Bill No. 145 as amended May 4, 2017

 

    purpose.............................................      <<13,466,300>>

 

   Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

   Full-time equated unclassified positions.......... 3.0

 

   Full-time equated classified positions........... 83.0

 

Unclassified positions................................. $        586,100

 

Accounting service center..............................         1,058,400

 

Department services--58.0 FTE positions................         8,831,300

 

Departmentwide.........................................        40,942,200

 

Executive direction--25.0 FTE positions................         4,170,100

 

GROSS APPROPRIATION.................................... $     55,588,100

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of corrections.....................            26,000

 

IDG from department of state...........................             1,400

 

IDG from department of transportation..................             3,900

 

IDG from department of treasury........................           135,800

 

IDG from other restricted funding......................           158,200

 

Intradepartmental transfers............................            38,200

 

   Federal revenues:

 

Other federal revenues.................................           546,000

 

   Special revenue funds:

 

Local revenues.........................................             6,200

 

Michigan merit award trust fund........................            17,600

 

Other state restricted revenues........................         5,488,600

 

State general fund/general purpose..................... $     49,166,200

 

   Sec. 103. LAW ENFORCEMENT

 

   Full-time equated classified positions.......... 530.0


Biometrics and identification--54.0 FTE positions...... $      9,294,100

 

Criminal justice information center--134.0 FTE

 

   positions............................................        19,917,400

 

Forensic science--270.0 FTE positions..................        43,876,100

 

Grants and community services--17.0 FTE positions......        19,042,500

 

Training--55.0 FTE positions...........................        10,466,100

 

GROSS APPROPRIATION.................................... $    102,596,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of corrections.....................           318,200

 

IDG from department of state...........................           368,700

 

IDG from department of transportation..................         1,197,700

 

IDG from department of treasury........................           664,900

 

IDG from other restricted funding......................         2,398,700

 

Intradepartmental transfers............................           750,000

 

   Federal revenues:

 

Other federal funds....................................        16,409,400

 

   Special revenue funds:

 

Local revenue funds....................................           915,300

 

Private revenues.......................................           100,000

 

Other state restricted revenues........................        32,591,700

 

State general fund/general purpose..................... $     46,881,600

 

   Sec. 104. COMMISSION ON LAW ENFORCEMENT STANDARDS

 

   Full-time equated classified positions........... 18.0

 

Public safety officers benefit program--1.0 FTE

 

   position............................................. $        151,100

 

Standards and training/justice training grants--17.0


   FTE positions........................................         9,887,100

 

Training only to local units...........................           654,500

 

GROSS APPROPRIATION.................................... $     10,692,700

 

    Appropriated from:

 

   Federal revenues:

 

Other federal revenues.................................           175,700

 

   Special revenue funds:

 

Other state restricted revenues........................         9,215,900

 

State general fund/general purpose..................... $      1,301,100

 

   Sec. 105. FIELD SERVICES

 

   Full-time equated classified positions........ 2,213.0

 

Investigative services--180.5 FTE positions............ $     33,824,800

 

Post operations--2,002.5 FTE positions.................       295,480,300

 

Secure cities partnership--30.0 FTE positions..........         7,831,100

 

GROSS APPROPRIATION.................................... $    337,136,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of treasury........................         6,096,400

 

Intradepartmental transfers............................           775,200

 

   Federal revenues:

 

Other federal revenues.................................         6,675,300

 

   Special revenue funds:

 

Local revenues.........................................         2,079,400

 

Michigan merit award trust fund........................           819,300

 

Other state restricted revenues........................        48,700,400

 

State general fund/general purpose .................... $    271,990,200

 

   Sec. 106. SPECIALIZED SERVICES


Senate Bill No. 145 as amended May 3, 2017

 

   Full-time equated classified positions.......... 593.0

 

Commercial vehicle enforcement--211.0 FTE positions.... $     28,721,700

 

Commercial vehicle regulation--12.0 FTE positions......         2,226,200

 

Emergency management and homeland security--67.0 FTE

 

   positions............................................        16,021,800

 

Hazardous materials programs--25.0 FTE positions.......        30,139,700

 

Highway safety planning--26.0 FTE positions............        18,001,900

 

Intelligence operations--184.0 FTE positions...........        24,804,000

 

Secondary road patrol program--1.0 FTE position........        11,069,300

 

Special operations--67.0 FTE positions.................        12,012,500

<<Civil Air Patrol.....................................               100>>

GROSS APPROPRIATION.................................... $  <<142,997,200>>

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of transportation..................        10,239,400

 

IDG from department of treasury........................           681,900

 

Intradepartmental transfers............................         1,902,200

 

   Federal revenues:

 

Other federal revenues.................................        58,899,000

 

   Special revenue funds:

 

Local revenues.........................................         1,700,100

 

Private revenues.......................................            78,100

 

Other state restricted revenues........................        29,219,100

 

State general fund/general purpose..................... $   <<40,277,400>>

 

   Sec. 107. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      24,762,400

 

GROSS APPROPRIATION.................................... $     24,762,400

 

    Appropriated from:


Senate Bill No. 145 as amended May 3, 2017

 

   Interdepartmental grant revenues:

 

IDG from department of state...........................             3,800

 

IDG from department of transportation..................           256,900

 

IDG from department of treasury........................           171,100

 

IDG from other restricted funding......................            12,200

 

Intradepartmental transfers............................            20,800

 

   Federal revenues:

 

Other federal revenues.................................           957,100

 

   Special revenue funds:

 

Local revenues.........................................         1,134,200

 

Michigan merit award trust fund........................             6,100

 

Other state restricted revenues........................         9,365,000

 

State general fund/general purpose..................... $     12,835,200

 

   Sec. 108. ONE-TIME ONLY APPROPRIATIONS

 

Equipment lifecycle replacement - secure cities........ $      1,000,000

 

Fair and impartial policing training grants............         1,000,000

 

Forensic science.......................................           730,000

 

Law enforcement job task analysis......................           200,000

 

Sexual assault prevention and education initiative.....           600,000

 

Trooper school.........................................         9,286,200

<<Michigan International Speedway traffic

   control..............................................           650,000

Advanced 9-1-1.........................................               100>>

GROSS APPROPRIATION.................................... $   <<13,466,300>>

 

    Appropriated from:

 

State general fund/general purpose..................... $   <<13,466,300>>

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 


FOR FISCAL YEAR 2017-2018

 

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 2017-2018 is <<$566,541,700.00>> and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2017-2018 is $14,113,200.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF STATE POLICE

 

Standards and training/justice training grants......... $      2,500,100

 

Training only to local units...........................           654,500

 

Secondary road patrol program..........................        10,958,600

 

TOTAL.................................................. $     14,113,200

 

     Sec. 202. The appropriations authorized under this part and

 

part 1 are subject to the management and budget act, 1984 PA 431,

 

MCL 18.1101 to 18.1594.

 

     Sec. 203. As used in this part and part 1:

 

     (a) "CJIS" means Criminal Justice Information Systems.

 

     (b) "Core service" means that phrase as defined in section 373

 

of the management and budget act, 1984 PA 431, MCL 18.1373.

 

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

 

     (d) "Director" means the director of the department.

 

     (e) "DNA" means deoxyribonucleic acid.

 

     (f) "DTMB" means the department of technology, management, and

 

budget.

 

     (g) "MCOLES" means the Michigan commission on law enforcement


standards.

 

     (h) "Subcommittees" means the subcommittees of the senate and

 

house standing committees on appropriations with jurisdiction over

 

the budget for the department.

 

     (i) "Support service" means an activity required to support

 

the ongoing delivery of core services.

 

     Sec. 205. Based on the availability of federal funding and the

 

demonstrated need as indicated by applications submitted to the

 

state court administrative office, the department shall provide

 

$1,500,000.00 in Byrne justice assistance grant program funding to

 

the judiciary by interdepartmental grant.

 

     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 part 1 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 part 1 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 part 1


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 part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 207. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 

     (e) Job specifications and wage rates.

 

     Sec. 208. The department and agencies receiving appropriations

 

in part 1 shall use the internet to fulfill the reporting

 

requirements of this part. 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 and this part 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 shall be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. In addition, preference shall be given to goods or

 

services, or both, that are manufactured or provided by Michigan

 

businesses owned and operated by veterans, 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. 215. A department or state agency shall not take

 

disciplinary action against an employee for communicating with a

 

member of the legislature or his or her staff.

 

     Sec. 218. The departments and agencies receiving

 

appropriations in part 1 shall prepare a report on out-of-state

 

travel expenses not later than January 1 of each year. The travel

 

report shall be a listing of 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 senate and house appropriations committees, the

 

senate and house fiscal agencies, and the state budget director.


The report shall include the following information:

 

     (a) The dates of each travel occurrence.

 

     (b) 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.

 

     Sec. 219. The department shall provide quarterly reports to

 

the subcommittees, the senate and house fiscal agencies, and the

 

state budget office that provide the following data:

 

     (a) A list of major work projects, including the status of

 

each project.

 

     (b) The department's financial status, featuring a report of

 

budgeted versus actual expenditures by part 1 line item including a

 

year-end projection of budget requirements. If projected department

 

budget requirements exceed the allocated budget, the report shall

 

include a plan to reduce overall expenses while still satisfying

 

specified service level requirements.

 

     (c) A report on the performance metrics cited or information

 

required to be reported in this part, reasons for nonachievement of

 

metric targets, and proposed corrective actions.

 

     Sec. 221. The appropriations in part 1 are for the core

 

services, support services, and work projects of the department,

 

including, but not limited to, the following core services:

 

     (a) State security operations.

 

     (b) Training.

 

     (c) Michigan commission on law enforcement standards.


     (d) Criminal justice information systems.

 

     (e) Forensic analysis and biometric identification.

 

     (f) General post operations and criminal investigations.

 

     (g) Special operations.

 

     (h) Intelligence operations.

 

     (i) Commercial vehicle regulation and enforcement.

 

     (j) Emergency management and homeland security.

 

     (k) Highway safety planning.

 

     (l) Secondary road patrol program.

 

     Sec. 222. The department shall notify the subcommittees, the

 

chairpersons of the senate and house standing committees on

 

appropriations, and the senate and house fiscal agencies not less

 

than 90 days before recommending to close or consolidate any state

 

police posts. The notification shall include a local and state

 

impact study of the proposed post closure or consolidation.

 

     Sec. 223. At least 90 days before beginning any effort to

 

privatize, the department shall submit a complete project plan to

 

the subcommittees 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 subcommittees and the senate and house fiscal

 

agencies within 30 months.

 

     Sec. 224. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those outside services that


the attorney general authorizes.

 

     Sec. 226. (1) When the department provides contractual

 

services to a local unit of government, the department shall be

 

reimbursed for all costs incurred in providing the services,

 

including, but not limited to, retirement and overtime costs.

 

     (2) The department shall define service cost models for those

 

services requiring reimbursement.

 

     (3) Contractual services provided to an entity other than a

 

local unit of government may be provided by department personnel,

 

but only on an overtime basis outside the normal work schedule of

 

the personnel.

 

     (4) This section does not apply to services provided to state

 

agencies.

 

     (5) Revenues received for contractual or reimbursed services

 

in excess of the appropriation in part 1 are appropriated and may

 

be received and expended by the department for the purposes for

 

which funds are received.

 

     (6) If additional authorization is approved in the statewide

 

integrated governmental management application (SIGMA) by the state

 

budget office under this section, the department shall notify the

 

subcommittees and the senate and house fiscal agencies within 10

 

days after the approval. The notification shall include the amount

 

and funding source of the additional authorization, the date of its

 

approval, and the projected use of funds to be expended.

 

     Sec. 228. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriations lapses at the


close of the prior fiscal year. This report shall summarize the

 

projected year-end general fund/general purpose appropriation

 

lapses by major departmental program or program areas. The report

 

shall be transmitted to the chairpersons of the senate and house

 

appropriations committees, the subcommittees, and the senate and

 

house fiscal agencies.

 

     Sec. 229. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the senate and house appropriations

 

chairs, the subcommittees, and the senate and house fiscal agencies

 

with an annual report on estimated state restricted fund balances,

 

state restricted fund projected revenues, and state restricted fund

 

expenditures for the fiscal years ending September 30, 2017 and

 

September 30, 2018.

 

     Sec. 230. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the department's performance.

 

     Sec. 232. The department shall serve as an active liaison

 

between the DTMB and state, local, regional, and federal public

 

safety agencies on matters pertaining to the Michigan public safety

 

communications system and shall report user issues to the DTMB.

 

     Sec. 233. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2018 are $124,240,400.00. From this amount, total agency

 

appropriations for pension-related legacy costs are estimated at

 

$70,149,700.00. Total agency appropriations for retiree health care


legacy costs are estimated at $54,090,700.00.

 

     Sec. 238. Money privately donated to the department is

 

appropriated under part 1 to be used for the purposes designated by

 

the donor of the money, if specified.

 

     Sec. 241. (1) Federal revenues authorized by and available

 

from the federal government in excess of the appropriation in part

 

1 are appropriated and may be received and expended by the

 

department for purposes authorized under state law and subject to

 

federal requirements.

 

     (2) The department shall notify the subcommittees and fiscal

 

agencies prior to expending federal revenues received and

 

appropriated under subsection (1).

 

     (3) If additional authorization is approved in the statewide

 

integrated governmental management application (SIGMA) by the state

 

budget office under this section, the department shall notify the

 

subcommittees and the senate and house fiscal agencies within 10

 

days after the approval. The notification shall include the amount

 

and funding source of the additional authorization, the date of its

 

approval, and the projected use of funds to be expended.

 

 

 

EXECUTIVE DIRECTION AND DEPARTMENTAL SERVICES

 

     Sec. 301. (1) The department shall provide security services

 

at the State Capitol Complex facilities and the State Secondary

 

Complex as provided under section 6c of 1935 PA 59, MCL 28.6c.

 

     (2) The department shall maintain the staff and resources

 

necessary to respond to emergencies at the State Capitol Complex,

 

State Secondary Complex, House Office Building, Farnum Building,

 


Capitol parking lot, Townsend Parking Ramp, the Roosevelt Parking

 

Ramp, and other areas as directed.

 

     (3) The department may develop a phased approach for improving

 

security at the Capitol Building.

 

     (4) The department shall maintain a goal of annually

 

conducting 35,000 property inspections of state owned and leased

 

facilities.

 

 

 

LAW ENFORCEMENT SERVICES

 

     Sec. 401. (1) The department shall develop and deliver

 

professional, innovative, and quality training that supports the

 

enforcement and public safety efforts of the criminal justice

 

community.

 

     (2) The department shall provide performance data as provided

 

under section 219 for average classroom occupancy rate, with an

 

annual goal of at least 55%.

 

     (3) The department shall submit a report to the subcommittees

 

and the senate and house fiscal agencies within 60 days of the

 

conclusion of any trooper, motor carrier, or state properties

 

security recruit school. The report shall include the following:

 

     (a) The number of veterans and the number of MCOLES-certified

 

police officers who were admitted to and the number who graduated

 

from the recruit school.

 

     (b) The total number of recruits who were admitted to the

 

school, the number of recruits who graduated from the school, and

 

the location at which each of these recruits is assigned.

 

     (4) The department shall distribute and review course

 


evaluations to ensure that quality training is provided.

 

     Sec. 402. (1) In accordance with applicable state and federal

 

laws and regulations, the department shall maintain and ensure

 

compliance with CJIS databases and applications in the support of

 

public safety and law enforcement communities.

 

     (2) The department shall improve the accuracy, timeliness, and

 

completeness of criminal history information by conducting a

 

minimum of 30 outreach activities targeted to criminal justice

 

agencies.

 

     (3) The department shall provide for the compilation of crime

 

statistics consistent with the uniform crime reporting (UCR)

 

program and the national incident-based report system (NIBRS).

 

     (4) The department shall provide for the compilation and

 

evaluation of traffic crash reports and the maintenance of the

 

state accident data collection system.

 

     (5) The department shall make traffic crash information

 

available to the public at a reasonable cost. For bulk access to

 

the accident records in which the vehicle identification number 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.

 

     (6) In accordance with applicable state and federal laws and

 

regulations, the department shall provide for the maintenance and

 

dissemination of criminal history records and juvenile records,

 

including to the extent necessary to exchange criminal history

 

records information with the Federal Bureau of Investigation and

 

other states through the interstate identification index, the


National Crime Information Center, and other federal CJIS databases

 

and indices.

 

     (7) In accordance with applicable state and federal laws, the

 

department shall provide for the maintenance of records, including

 

criminal history records regarding firearms licensure.

 

     (8) The department shall provide to the legislature a report

 

on concealed pistol licensing not later than December 1, 2018 that

 

includes all of the following:

 

     (a) The department's actual revenue received from fees paid

 

for concealed pistol license (CPL) applications for fiscal year

 

2017-2018 and the uses of that revenue.

 

     (b) The department's fiscal year 2017-2018 costs for

 

administering its concealed pistol licensing responsibilities under

 

1927 PA 372, MCL 28.421 to 28.435, but not including costs related

 

to the administration of other state statutes, or requirements of

 

federal law.

 

     (9) The department shall maintain the staff and resources

 

necessary to maintain the sex offender registry and enforce the

 

registration requirements as provided by law.

 

     (10) The department shall provide information on the number of

 

background checks processed through the internet criminal history

 

access tool (ICHAT) as provided in section 219.

 

     (11) The following unexpended and unencumbered revenues

 

deposited into the criminal justice information center service fee

 

fund shall not lapse to the general fund, but shall be carried

 

forward into the subsequent fiscal year:

 

     (a) Fees for fingerprinting and criminal record checks and


name-based criminal record checks under 1935 PA 120, MCL 28.271 to

 

28.273.

 

     (b) Fees for application and licensing for initial and renewal

 

concealed pistol licenses under 1927 PA 372, MCL 28.421 to 28.435.

 

     (c) Fees for searching, copying, and providing public records

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (d) Revenue from other sources, including, but not limited to,

 

investment and interest earnings.

 

     (12) Unexpended and unencumbered revenue generated by state

 

records management system fees shall not lapse to the general fund,

 

but shall be carried forward into the subsequent fiscal year.

 

     Sec. 403. (1) The department shall provide forensic testing

 

services to aid in criminal investigations.

 

     (2) The department shall ensure its ability to maintain

 

accreditation by a federally designated accrediting agency, as

 

provided under 42 USC 14132.

 

     (3) The department shall provide forensic science services

 

with an average turnaround time of 55 days, assuming an annual

 

caseload volume commensurate with that received in fiscal year

 

2012-2013, and shall achieve a goal of a 30-day average turnaround

 

time across all forensic science disciplines.

 

     (4) The department shall provide the following data as

 

provided in section 219:

 

     (a) The average turnaround time for processing forensic

 

evidence across all disciplines.

 

     (b) Forensic laboratory staffing levels, including scientists


in training, and vacancies.

 

     (c) The number of backlogged cases in each discipline.

 

     (5) The department shall provide for the forensic testing and

 

analysis/profiling of DNA evidence to aid criminal investigations

 

by law enforcement agencies in this state.

 

     Sec. 404. (1) The biometrics and identification division shall

 

house and manage the automated fingerprint identification system,

 

the statewide network of agency photographs, and combined offender

 

DNA index system biometric databases.

 

     (2) The department shall provide data on the number of 10-

 

print and palm-print submissions to the database, with a goal of at

 

least 97% of submissions provided electronically as provided in

 

section 219.

 

     (3) The department shall maintain the staffing and resources

 

necessary to have a 28-day average wait time for scheduling a

 

polygraph examination, assuming an annual caseload received

 

commensurate with fiscal year 2012-2013, with a goal of achieving a

 

15-day average wait time.

 

     (4) If changes are made to the department's protocol for

 

retaining and purging DNA analysis samples and records, the

 

department shall post a copy of the protocol changes on the

 

department's website.

 

     Sec. 405. Not later than December 1 of the subsequent fiscal

 

year, the department shall submit a report to the subcommittees and

 

senate and house fiscal agencies that includes, but is not limited

 

to, all of the following information:

 

     (a) Sexual assault kit analysis backlog at the beginning of


the current fiscal year.

 

     (b) The number of sexual assault kits collected or submitted

 

for analysis during the current fiscal year.

 

     (c) The number of sexual assault kits analyzed and the number

 

of associated DNA profiles created and uploaded during the current

 

fiscal year.

 

     (d) Sexual assault kit analysis backlog at the ending of the

 

current fiscal year.

 

     (e) The average turnaround time to analyze sexual assault kits

 

and to create and upload associated DNA profiles for the current

 

fiscal year.

 

     Sec. 406. The department shall provide administrative support

 

for the following grant and community service programs:

 

     (a) The operations of the automobile theft prevention

 

authority.

 

     (b) Administration of the Edward Byrne memorial justice

 

assistance program and other grant programs as well as the

 

department's community policing efforts.

 

     (c) Oversight and administration of 9-1-1 operations

 

statewide.

 

 

 

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

 

     Sec. 501. (1) MCOLES shall establish standards for the

 

selection, employment, training, education, licensing, and

 

revocation of all law enforcement officers and provide the basic

 

law enforcement training curriculum for law enforcement training

 

academy programs statewide.

 


     (2) MCOLES shall maintain staffing and resources necessary to

 

update law enforcement standards within 120 days of the enactment

 

date of any new legislation.

 

 

 

FIELD SERVICES

 

     Sec. 601. (1) Department 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 making every effort to protect all

 

residents of this state.

 

     (2) The department shall maintain the staffing and resources

 

necessary to continually work to enhance traffic safety throughout

 

this state and shall dedicate a minimum of 455,200 hours to

 

statewide patrol, of which a minimum of 40,000 shall be committed

 

to distressed cities in this state, and 4,000 shall be committed to

 

Belle Isle. The department shall work to improve public safety

 

efforts within distressed cities by enhancing data analysis

 

capabilities and identifying crime trends and areas with high

 

occurrence of crime.

 

     (3) The department shall maintain the staffing and resources

 

necessary to perform activities to maintain a 93% compliance rate

 

for reporting by registered sex offenders.

 

     (4) The department shall submit a report on or before December

 

1 to the subcommittees and senate and house fiscal agencies

 

regarding the secure cities partnership during the prior fiscal

 

year.

 


     Sec. 602. (1) The department shall identify and apprehend

 

criminals through criminal investigations in this state.

 

     (2) The department shall maintain the staffing and resources

 

necessary to provide a comparable number of hours investigating

 

crimes as those performed in fiscal year 2012-2013.

 

     (3) The department shall maintain the staffing and resources

 

necessary to annually meet or exceed a case clearance rate of 62%.

 

     (4) The department shall annually provide 4 training

 

opportunities to local law enforcement partners with the goal of

 

increasing their knowledge of gambling laws, trends, legal issues,

 

and opioid-related investigations.

 

     (5) The department shall maintain the staffing and resources

 

necessary to increase the number of opioid-related investigations

 

by 20% above the number of such investigations conducted in the

 

2014-2015 fiscal year conducted by multijurisdictional task forces

 

and hometown security teams. The department shall work to enhance

 

investigative and drug interdiction efforts by enhancing data

 

analysis capabilities and linking investigations among

 

multijurisdictional task forces and hometown security teams.

 

     Sec. 603. (1) The department shall provide protection to this

 

state, its economy, welfare, and vital state-sponsored programs

 

through the prevention and suppression of organized smuggling of

 

untaxed tobacco products in the state, through enforcement of the

 

tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, and

 

other laws pertaining to combating criminal activity in this state,

 

by maintaining a tobacco tax enforcement unit.

 

     (2) The department shall submit an annual report on December 1


to the subcommittees, the senate and house appropriations

 

subcommittees on general government, the senate and house fiscal

 

agencies, and the state budget office that details expenditures and

 

activities related to tobacco tax enforcement for the prior fiscal

 

year.

 

     (3) The tobacco tax enforcement unit shall dedicate a minimum

 

of 16,600 hours to tobacco tax enforcement.

 

     Sec. 604. (1) The department shall provide fire investigation

 

services to citizens of this state through training and

 

investigative assistance to public safety agencies in this state.

 

     (2) The department shall maintain the staffing and resources

 

necessary to maintain readiness to respond appropriately to at

 

least the number of requests for fire investigation services that

 

occurred in fiscal year 2010-2011 and shall be available for call

 

out statewide 100% of the time.

 

 

 

SPECIALIZED SERVICES

 

     Sec. 701. (1) The department shall operate the Michigan

 

intelligence operation center for homeland security as the state's

 

primary federally designated fusion center to receive, analyze,

 

gather, and disseminate threat-related information among federal,

 

state, local, tribal, and private sector partners.

 

     (2) The department shall ensure public safety by providing

 

public and private sector partners with timely and accurate

 

information regarding critical information key resource threats as

 

reported to or discovered by the Michigan intelligence operations

 

center for homeland security and shall increase public awareness on

 


how to report suspicious activity through website or telephone

 

communications.

 

     (3) The department shall maintain the staffing and resources

 

necessary to support the cyber section, including the Michigan

 

cyber command center, the computer crimes unit, and the internet

 

crimes against children task force. The department shall maintain

 

the staffing and resources necessary to increase the number of

 

cases completed by the computer crimes unit by 40% above the number

 

of cases completed in the 2014-2015 fiscal year. The unit shall

 

pursue process improvement initiatives to effectively utilize staff

 

resources in providing investigatory assistance and evidentiary

 

analysis for law enforcement and criminal justice agencies

 

statewide.

 

     (4) The department shall maintain the staffing and resources

 

necessary to provide digital forensic analysis services with a goal

 

of decreasing backlogs of digital forensic analysis cases annually

 

until the department maintains a 60-day turnaround time.

 

     Sec. 702. (1) The department shall provide specialized

 

services in support of, and to enhance, local, state, and federal

 

law enforcement operations within this state in accordance with all

 

applicable state and federal laws and regulations.

 

     (2) The department shall maintain the staffing and resources

 

necessary to provide training to maintain readiness to respond

 

appropriately to at least the number of requests for specialty

 

services which occurred in fiscal year 2010-2011.

 

     (3) The canine unit shall be available for call out statewide

 

100% of the time.


     (4) The bomb squad unit shall be available for call out

 

statewide 100% of the time.

 

     (5) The emergency support teams shall be available for call

 

out statewide 100% of the time.

 

     (6) The marine services team shall be available for call out

 

statewide 100% of the time.

 

     (7) Aviation services shall be available for call out

 

statewide 100% of the time, unless prohibited by weather or

 

unexpected mechanical breakdowns.

 

     (8) The department shall prepare a report to the legislature

 

that evaluates law enforcement issues related to the use of drones,

 

including existing local, state, and federal laws and regulations

 

regarding their use, any input that the department may have to

 

offer as to the efficacy of such laws, and department-recommended

 

drone law/regulation enforcement policies which could be

 

established as Michigan law enforcement best practices. This report

 

shall be transmitted to the chairpersons of the senate and house

 

appropriations subcommittees, the subcommittees, and the senate and

 

house fiscal agencies no later than April 2, 2018.

 

     Sec. 703. (1) The department shall maintain commercial vehicle

 

regulation, school bus inspections, and enforcement activities,

 

including enforcement of requirements concerning size, weight, and

 

load restrictions; operating authority; registration; fuel taxes;

 

transportation of hazardous materials; operations of new entrants;

 

and commercial driver's licenses.

 

     (2) The department shall maintain the staffing and resources

 

necessary to meet inspection goals consistent with the department's


federal motor carrier assistance program activities.

 

     (3) Revenue collected under the motor carrier act, 1933 PA

 

254, MCL 475.1 to 479.42, shall be expended in accordance with that

 

act. Unexpended and unencumbered revenues shall not lapse to the

 

general fund but shall be carried forward into the subsequent

 

fiscal year.

 

     Sec. 704. (1) The department shall coordinate the mitigation,

 

preparation, response, and recovery activities of municipal,

 

county, state, and federal governments, and other governmental

 

entities, for all hazards, disasters, and emergencies.

 

     (2) The state director of emergency management may expend

 

money appropriated under part 1 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.


     (3) In addition to the money appropriated in part 1, 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 statewide integrated governmental management application

 

(SIGMA) is approved by the state budget office under this section,

 

the department and the state budget office shall notify the

 

subcommittees and the senate and house fiscal agencies within 10

 

days after the approval. The notification shall include the amount

 

and source and the additional authorization, the date of its

 

approval, and the projected use of funds to be expended under the

 

authorization.

 

     (4) The department shall foster, promote, and maintain

 

partnerships to protect this state and homeland from all hazards.

 

     (5) The department shall maintain the staffing and resources

 

necessary to do all of the following:

 

     (a) Serve approximately 105 local emergency management

 

preparedness programs and 88 local emergency planning committees in

 

this state.

 

     (b) Operate and maintain the state's emergency operations

 

center and provide command and control in support of emergency

 

response services.

 

     (c) Maintain readiness, including training and equipment to

 

respond to civil disorders and natural disasters commensurate with

 

the capabilities of fiscal year 2010-2011.


     (d) Perform hazardous materials response training.

 

     (6) The department shall conduct a minimum of 3 training

 

sessions to enhance safe response in the event of natural or

 

manmade incidents, emergencies, or disasters.

 

     (7) In addition to the funds appropriated in part 1, there is

 

appropriated from the disaster and emergency contingency fund an

 

amount necessary to cover costs related to any disaster or

 

emergency as defined in the emergency management act, 1976 PA 390,

 

MCL 30.401 to 30.421. Funds shall be expended as provided under

 

sections 18 and 19 of the emergency management act, 1976 PA 390,

 

MCL 30.418 and 30.419, and R 30.51 to R 30.61 of the Michigan

 

administrative code.

 

     (8) Funds in the disaster and emergency contingency fund shall

 

not be expended unless the state budget director approves the

 

expenditure and the department and the state budget office notify

 

the senate and house appropriations committees. If expenditures are

 

made from the disaster and emergency contingency fund during a

 

month, the department shall submit monthly reports to the house and

 

senate fiscal agencies detailing the purpose of the expenditures.

 

These monthly reports shall be submitted within 30 days after the

 

end of the month during which funds from the disaster and emergency

 

contingency fund were expended.

 

     (9) Upon the declaration of a state of emergency or disaster

 

by the governor pursuant to section 3 of the emergency management

 

act, 1976 PA 390, MCL 30.403, approval of the state budget

 

director, and notification of the subcommittees and house and

 

senate fiscal agencies, the director may expend funds appropriated


from any source to any line item within part 1 for the purpose of

 

paying the necessary and reasonable expenses incurred by the

 

department in responding to or mitigating the effects of any

 

emergency or disaster as those terms are defined in section 2 of

 

the emergency management act, 1976 PA 390, MCL 30.402.

 

     (10) The department shall track and report on a quarterly

 

basis, per section 219, the status of the department's assessment

 

of critical infrastructure vulnerabilities, including the

 

protection status of critical infrastructure items identified by

 

the assessment.

 

     Sec. 705. The department shall provide for the planning,

 

administration, and implementation of highway traffic safety

 

programs to save lives and reduce injuries on Michigan roads in

 

partnership with other public and private organizations.

 

     Sec. 706. (1) The department shall provide funding to county

 

sheriff departments to patrol secondary roads.

 

     (2) The sheriffs' duties under the secondary road patrol

 

program, as outlined in section 76(2) of 1846 RS 14, MCL 51.76, are

 

to patrol and monitor traffic violations; to enforce the criminal

 

laws of this state, violations of which are observed by or brought

 

to the attention of the sheriff's department while patrolling and

 

monitoring secondary roads; to investigate accidents involving

 

motor vehicles; and to provide emergency assistance to persons on

 

or near a highway or road the sheriff is patrolling and monitoring.

 

     (3) The department shall provide the following information on

 

secondary road patrol activities supported by appropriations in

 

part 1:


     (a) The number of funded full-time equivalent county sheriff

 

secondary road patrol deputies.

 

     (b) The number of hours dedicated to patrol under the

 

secondary road patrol program, with an annual goal of at least

 

178,000 hours.

 

     (4) The information required to be reported under subsection

 

(3) shall be reported on an annual basis.

 

 

 

ONE-TIME APPROPRIATIONS

 

     Sec. 902. (1) Funding provided in part 1 for the sexual

 

assault prevention and education initiative shall be used to

 

provide and administer grants to public or nonpublic community

 

colleges, colleges, and universities with a physical presence in

 

the state to address campus sexual assault issues to improve the

 

safety and security of students, faculty, and staff in campus

 

environments in the state.

 

     (2) Grant funds awarded shall support sexual assault programs,

 

including education, awareness, prevention, reporting, and

 

bystander intervention programs.

 

     (3) The department shall issue awards no later than December

 

1, 2017, with a grant period of 1 year.

 

     (4) The department shall report on grant activities to the

 

subcommittees and the state budget office by February 28, 2019.

 

     (5) Unexpended and unencumbered appropriations in part 1 for

 

the sexual assault prevention and education initiative are

 

designated as work project appropriations. Any unencumbered or

 

unallotted funds at the end of the fiscal year shall be carried

 


Senate Bill No. 145 as amended May 4, 2017

 

forward into the succeeding fiscal year. The following is in

compliance with section 451a(1) of the management and budget act,

1984 PA 431, MCL 18.1451a:

     (a) The purpose of the project is to provide grants for sexual

 

assault education, awareness, prevention, reporting, and bystander

 

intervention programs.

 

     (b) The project will be accomplished by grants to eligible

 

community colleges, colleges, and universities.

 

     (c) The total estimated cost of the project is $500,000.00.

 

     (d) The estimated completion date is September 30, 2019.

<<Sec. 903. Funding appropriated in part 1 for advanced 9-1-1 shall be used to support the costs for the administration and initial implementation of a supplemental 9-1-1 database that allows public safety answering points to view voluntarily disclosed information relevant to the 9-1-1 caller, including information on properties and household members, that would assist first responders in providing emergency services to the caller. The implementation of the database among public safety answering points and the funding for this purpose shall be overseen and administered by the office of the state 9-1-1 coordinator. Funds shall be payable by the office to a vendor based upon the number of public safety answering points implementing a supplemental database. Public safety answering points choosing to implement a supplemental database shall begin implementation by not later than October 1, 2018 to be eligible for funds provided under this section. Funds appropriated for advanced 9-1-1 shall be considered a work project, and unexpended and unencumbered funds shall be carried forward into the subsequent fiscal year.>>

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2018-2019

 

GENERAL SECTIONS

 

     Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2019 for

 

the line items listed in part 1. The fiscal year 2018-2019

 

appropriations are anticipated to be the same as those for fiscal

 

year 2017-2018, excluding appropriations designated as one-time

 

appropriations and adjusting for changes in caseload and related

 

costs, federal fund match rates, economic factors, and available

 

revenue. These adjustments will be determined after the January

 

2018 consensus revenue estimating conference.