FIRST CONFERENCE REPORT

 

     The Committee of Conference on the matters of difference between the two Houses concerning

 

     Senate Bill No. 147, entitled

     A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

 

     Recommends:

 

     First:  That the House recede from the Substitute of the House as passed by the House.

 

     Second:  That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:

 

(attached)

 

     Third:  That the Senate and House agree to the title of the bill to read as follows:

 

     A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

 

 

 

_______________________                ________________________

Tom Barrett                             Aaron Miller

 

_______________________                ________________________

Jim Stamas                              Greg VanWoerkom

 

_______________________                ________________________

Adam Hollier                            Joe Tate

 

Conferees for the Senate               Conferees for the House

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 147

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of state

 

police for the fiscal year ending September 30, 2020; 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, 2020, from the

 

following funds:

 

DEPARTMENT OF STATE POLICE

 

APPROPRIATION SUMMARY

 

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

 

   Full-time equated classified positions....... 3,580.0

 

GROSS APPROPRIATION................................... $    728,943,500


   Interdepartmental grant revenues:

 

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

 

IDG from department of state..........................           383,800

 

IDG from department of technology, management, and

 

   budget...............................................           665,100

 

IDG from department of transportation.................        11,903,300

 

IDG from department of treasury.......................         5,475,100

 

IDG from other restricted funding.....................         2,608,500

 

Intradepartmental transfers...........................         3,553,900

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        24,933,900

 

ADJUSTED GROSS APPROPRIATION.......................... $    704,009,600

 

   Federal revenues:

 

Other federal revenues................................        75,728,500

 

Total federal revenues................................        75,728,500

 

   Special revenue funds:

 

Local revenues........................................         4,766,200

 

Total local revenues..................................         4,766,200

 

Private revenues......................................            35,000

 

Total private revenues................................            35,000

 

Michigan merit award trust fund.......................           851,500

 

State services fee fund...............................        10,925,200

 

Other state restricted revenue........................       135,381,500

 

Total state restricted revenues.......................       147,158,200

 

State general fund/general purpose.................... $    476,321,700

 

    State general fund/general purpose schedule:

 

   Ongoing state general fund/general


    purpose.................................. 464,244,300

 

   One-time state general fund/general

 

    purpose................................... 12,077,400

 

   Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

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

 

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

 

Unclassified salaries--3.0 FTE positions.............. $        621,700

 

Accounting service center.............................         1,456,200

 

Department services--58.0 FTE positions...............         9,028,500

 

Departmentwide........................................        41,408,500

 

Executive direction--25.0 FTE positions...............         4,301,700

 

GROSS APPROPRIATION................................... $     56,816,600

 

    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.......................           116,200

 

IDG from other restricted funding.....................           170,300

 

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

 

   Federal revenues:

 

Other federal revenues................................           353,000

 

   Special revenue funds:

 

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

 

Michigan merit award trust fund.......................            18,000

 

State services fee fund...............................           309,900

 

Other state restricted revenues.......................         2,932,200


State general fund/general purpose.................... $     52,846,300

 

   Sec. 103. LAW ENFORCEMENT SERVICES

 

   Full-time equated classified positions......... 529.0

 

Biometrics and identification--54.0 FTE positions.... $      9,639,700

 

Criminal justice information center--132.0 FTE

 

   positions............................................        22,456,300

 

Forensic science--265.0 FTE positions.................        45,045,500

 

Grants and community services--15.0 FTE positions....        15,933,900

 

Office of school safety--3.0 FTE positions............           500,000

 

State 9-1-1 administration--5.0 FTE positions.........         1,093,900

 

Training--55.0 FTE positions..........................        10,618,300

 

GROSS APPROPRIATION................................... $    105,287,600

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

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

 

IDG from department of state..........................           378,600

 

IDG from department of transportation.................         1,227,400

 

IDG from other restricted funding.....................         2,426,000

 

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

 

   Federal revenues:

 

Other federal funds...................................        13,325,200

 

   Special revenue funds:

 

Local revenue funds...................................           918,300

 

Private revenues......................................            20,000

 

State services fee fund...............................         8,033,300

 

Other state restricted revenues.......................        32,708,100

 

State general fund/general purpose.................... $     45,182,500


   Sec. 104. MICHIGAN COMMISSION ON LAW ENFORCEMENT

 

STANDARDS

 

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

 

Public safety officers benefit program--1.0 FTE

 

   position............................................. $        302,100

 

Standards and training/justice training grants--17.0

 

   FTE positions........................................        10,995,500

 

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

 

GROSS APPROPRIATION................................... $     11,952,100

 

    Appropriated from:

 

   Federal revenues:

 

Other federal revenues................................           250,000

 

   Special revenue funds:

 

Other state restricted revenues.......................        10,128,800

 

State general fund/general purpose.................... $      1,573,300

 

   Sec. 105. FIELD SERVICES

 

   Full-time equated classified positions....... 2,350.0

 

Investigative services--170.5 FTE positions........... $     33,256,900

 

Post operations--2,149.5 FTE positions................       330,769,500

 

Secure cities partnership--30.0 FTE positions.........         7,798,900

 

GROSS APPROPRIATION................................... $    371,825,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of treasury.......................         5,162,100

 

Intradepartmental transfers...........................           794,300

 

   Federal revenues:

 

Other federal revenues................................         6,711,400


   Special revenue funds:

 

Local revenues........................................         1,200,000

 

State services fee fund...............................         2,500,000

 

Michigan merit award trust fund.......................           827,400

 

Other state restricted revenues.......................        48,990,100

 

State general fund/general purpose.................... $    305,640,000

 

   Sec. 106. SPECIALIZED SERVICES

 

   Full-time equated classified positions......... 600.0

 

Commercial vehicle enforcement, headquarters and

 

   central costs--30.0 FTE positions................... $      8,644,700

 

Commercial vehicle enforcement, first district--48.0

 

   FTE positions........................................         6,003,200

 

Commercial vehicle enforcement, second

 

   district--31.0 FTE positions.........................         3,697,400

 

Commercial vehicle enforcement, third district--25.0

 

   FTE positions........................................         3,040,500

 

Commercial vehicle enforcement, fifth district--28.0

 

   FTE positions........................................         3,441,400

 

Commercial vehicle enforcement, sixth district--20.0

 

   FTE positions........................................         2,456,400

 

Commercial vehicle enforcement, seventh

 

   district--7.0 FTE positions..........................           961,200

 

Commercial vehicle enforcement, eighth

 

   district--13.0 FTE positions.........................         1,702,900

 

School bus inspections--14.0 FTE positions............         1,742,700

 

Emergency management and homeland security--64.0 FTE

 

   positions............................................        15,946,100


Hazardous materials programs--25.0 FTE positions.....        23,759,000

 

Highway safety planning--26.0 FTE positions...........        18,101,900

 

Intelligence operations--202.0 FTE positions..........        28,151,300

 

Secondary road patrol program--1.0 FTE position.......        13,074,300

 

Civil Air Patrol......................................            20,000

 

Special operations--66.0 FTE positions................        11,908,600

 

GROSS APPROPRIATION................................... $    142,651,600

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of technology, management, and

 

   budget...............................................           665,100

 

IDG from department of transportation.................        10,413,600

 

IDG from department of treasury.......................           100,000

 

Intradepartmental transfers...........................         1,950,600

 

   Federal revenues:

 

Other federal revenues................................        54,128,500

 

   Special revenue funds:

 

Local revenues........................................         1,742,700

 

Private revenues......................................            15,000

 

Other state restricted revenues.......................        28,602,800

 

State general fund/general purpose.................... $     45,033,300

 

   Sec. 107. INFORMATION TECHNOLOGY

 

Information technology services and projects.......... $      28,332,900

 

GROSS APPROPRIATION................................... $     28,332,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

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


IDG from department of transportation.................           258,400

 

IDG from department of treasury.......................            96,800

 

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

 

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

 

   Federal revenues:

 

Other federal revenues................................           960,400

 

   Special revenue funds:

 

Local revenues........................................           904,000

 

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

 

State services fee fund............................... $         82,000

 

Other state restricted revenues.......................        12,019,500

 

State general fund/general purpose.................... $     13,968,900

 

   Sec. 108. ONE-TIME APPROPRIATIONS

 

First responder communications network................ $      2,000,000

 

In-car camera video streaming network.................           766,600

 

Michigan International Speedway traffic control.......           600,000

 

Sexual assault prevention and education initiative...         1,321,000

 

Trooper school........................................         7,389,800

 

GROSS APPROPRIATION................................... $     12,077,400

 

    Appropriated from:

 

State general fund/general purpose.................... $     12,077,400

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2019-2020

 

GENERAL SECTIONS

 


     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state sources under

 

part 1 for fiscal year 2019-2020 is $623,479,900.00 and state

 

spending from state sources to be paid to local units of government

 

for fiscal year 2019-2020 is $16,078,600.00. The itemized statement

 

below identifies appropriations from which spending to local units

 

of government will occur:

 

DEPARTMENT OF STATE POLICE

 

   Secondary road patrol program........................ $     12,963,600

 

   Standards and training/justice training grants......         2,460,500

 

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

 

TOTAL................................................. $     16,078,600

 

     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 term 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) "FTE" means full-time equated.

 

     (h) "IDG" means interdepartmental grant.

 

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


standards.

 

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

 

house standing committees on appropriations with jurisdiction over

 

the budget for the department.

 

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

 

the ongoing delivery of core services.

 

     Sec. 204. 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. 205. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference 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. 206. 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. 207. The department 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. 208. 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. 209. 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 appropriation 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. 210. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $2,000,000.00 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 $4,000,000.00 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.

 

     Sec. 211. The department shall cooperate with the DTMB 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. 212. 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 senate and house appropriations subcommittees chairs,

 

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, 2019 and September 30, 2020.

 

     Sec. 213. 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. 214. Total authorized appropriations from all sources

 

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

 

30, 2020 are estimated at $137,272,300.00. From this amount, total

 

agency appropriations for pension-related legacy costs are

 

estimated at $74,914,400.00. Total agency appropriations for

 

retiree health care legacy costs are estimated at $62,357,900.00.

 

     Sec. 215. Based on the availability of federal funding and

 

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. 216. 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. 217. The department shall provide biannual 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. 218. 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) MCOLES.

 

     (d) CJIS.

 

     (e) Forensic analysis and biometric identification.

 

     (f) Post operations and investigative services.

 

     (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. 219. 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 post. The notification shall include a local and state

 

impact study of the proposed post closure or consolidation.

 

     Sec. 220. 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. 221. (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. 222. 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. 223. The department may establish and collect fees for

 

publications, videos, conferences, workshops, and related

 

materials. Collected fees shall be used to offset expenditures for

 

costs of the publications, videos, workshops, conferences, and

 

related materials. The department shall not collect fees under this

 

section that exceed the cost of the expenditures.

 

     Sec. 224. (1) The department may accept monetary and

 

nonmonetary gifts, bequests, donations, contributions, or grants

 

from any private or public source to support, in whole or in part,

 

a departmental function or program. The department shall expend or

 

use such gifts, bequests, donations, contributions, or grants for

 

the purposes designated by the private or public source, if the


purpose is specified.

 

     (2) Revenue collected by the department under this section

 

that is unexpended and unencumbered shall not lapse to the general

 

fund but shall be carried forward to the subsequent fiscal year.

 

     Sec. 225. (1) Federal revenues authorized by and available

 

from the federal government in excess of the appropriations 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 the

 

senate and house fiscal agencies before 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.

 

     Sec. 226. It is the intent of the legislature that the

 

department shall take all steps necessary to protect the data and

 

privacy of citizens who are not the focus of a departmental

 

investigation and to protect personal information from unauthorized

 

access or misuse. This includes, but is not limited to, requiring

 

vendors or service providers to protect data shared with them,

 

ensuring that when personal data is collected, but no longer

 

utilized by the department, that reasonable steps be taken to


securely destroy records containing personal information when it is

 

to be discarded so that the information is rendered indecipherable

 

and is not sold for marketing or other purposes. In addition, the

 

department shall provide written notification to any data subject

 

whose sensitive personal information is accessed or acquired by an

 

unauthorized person.

 

     Sec. 227. The department shall utilize attrition savings from

 

the appropriations in part 1 to conduct an attrition school during

 

the 2019-2020 fiscal year that will graduate at least 70 new

 

troopers.

 

     Sec. 228. A law enforcement officer or a motor carrier officer

 

funded under part 1 shall not be required to issue a predetermined

 

or specified number of citations for violations of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or of local

 

ordinances substantially corresponding to provisions of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, including

 

parking or standing violations. A law enforcement officer's or

 

motor carrier officer's performance evaluation system shall not

 

require a predetermined or specified number of citations to be

 

issued.

 

 

 

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 217 of this part, 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 individual traffic crash reports

 

available for a fee of $10.00 per incident. The department may also

 

sell an extract of electronic traffic crash data for a fee of $0.25

 

per incident, provided that the name, address, and any other

 

personal identifying information 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 a report to the legislature

 

on concealed pistol licensing not later than December 1, 2020 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

 

2019-2020 and the uses of that revenue.

 

     (b) The department's fiscal year 2019-2020 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 provide information on the number of

 

background checks processed through the internet criminal history

 

access tool (ICHAT), as provided in section 217 of this part.

 

     (10) The following unexpended and unencumbered revenues

 

deposited into the criminal justice information center service fees

 

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

 

28.274.

 

     (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.

 

     (11) 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 34 USC 12592.

 

     (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 217 of this part:

 

     (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 217 of this part.

 

     (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, 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 prior fiscal year.

 

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

 

for analysis during the prior fiscal year.

 

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

 

of associated DNA profiles created and uploaded during the prior

 

fiscal year.

 

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

 

prior fiscal year.

 

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

 

and to create and upload associated DNA profiles for the prior

 

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) Administration of school safety grants.

 

     Sec. 407. Not later than March 30, the office of school safety

 

shall provide a school safety report to the legislature and the

 

house and senate fiscal agencies that must include the following:

 

     (a) The status of school safety grants, if any, issued by the

 

grants and community services unit or the office of school safety,

 

including grant amounts awarded to each school district for school

 

safety improvements. This information shall also be provided on a

 

biannual basis, as provided under section 217 of this part.

 

     (b) Reports of incidents of school violence or threats

 

reported to the state police by local law enforcement or local

 

school districts, or received through the Michigan incident crime

 

report (MICR).

 

     (c) Reports of OK2SAY-based incidents and activities, as

 

provided to the department of attorney general.

 

     (d) Based upon an evaluation of incidents of school safety and

 

analysis of school safety grants, recommendations on best practices

 

and other safety measures to ensure school safety in this state.

 

 

 

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

 

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

 

selection, employment, training, education, licensing, and

 

licensing 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, are not 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. 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 annually conduct 7,000 residence checks of registered

 

sex offenders.

 

     (4) The department shall submit a report on or before April 15

 

to the subcommittees and senate and house fiscal agencies regarding

 

the secure cities partnership during the prior calendar 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 those investigations conducted in the

 

2014-2015 fiscal year 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 this 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,

 

and 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

 

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 this 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. The department shall maintain the staffing and resources

 

necessary to increase the Michigan cyber command center casework by

 

25% above the level of activity in the 2017-2018 fiscal year.

 

     (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 maintain the staff and resources

 

necessary to 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. The department shall also

 

maintain the staff and resources necessary to respond to

 

emergencies at the State Capitol Complex, State Secondary Complex,

 

House Office Building, Binsfeld Office Building, Capitol parking

 

lot, Townsend Parking Ramp, Roosevelt Parking Ramp, and other areas

 

as directed. The department shall maintain a goal of annually

 

conducting 35,000 property inspections of state owned and leased

 

facilities.

 

     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.

 

     (4) From the funds appropriated in part 1 from

 

interdepartmental grants, intradepartmental transfers, and federal

 

funds for commercial vehicle enforcement line items, there shall be

 

established a commercial vehicle enforcement operations reserve

 

fund. Funds shall be expended from the commercial vehicle

 

enforcement operations reserve fund only after the commercial

 

vehicle enforcement division within the department provides

 

sufficient evidence to the subcommittees on the need for these

 

funds for commercial vehicle enforcement operations. Upon providing

 

the evidence, the state budget director shall request a legislative

 

transfer of the funds from the commercial vehicle enforcement

 

operations reserve fund for the funding of commercial vehicle

 

enforcement line items.

 

     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 this 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 funding. 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 funds 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 of 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 senate

 

and house 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 under 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 senate and house 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 biannual

 

basis, as provided in section 217 of this part, 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 roads in this state,

 

in partnership with other public and private organizations.

 

     Sec. 706. (1) Funds appropriated in part 1 for the secondary


road patrol program shall be used to provide grants to sheriffs

 

under the secondary road patrol program described under section 76

 

of 1846 RS 14, MCL 51.76.

 

     (2) Not later than January 31, 2020, the office of highway

 

safety planning shall work with the state court administrator to

 

issue a report to the department and the subcommittees on the

 

following data from the previous calendar year:

 

     (a) The total number of traffic civil infractions written

 

under both state and local ordinances for which the $40.00 justice

 

system assessment is to be assessed.

 

     (b) Of the total number reported under subdivision (a), the

 

number of traffic civil infractions written under both state and

 

local ordinances that the court assessed and ordered payment of the

 

justice system assessment.

 

     (c) Of the number reported under subdivision (b), the number

 

of traffic civil infractions for which the justice system

 

assessment was collected and distributed to the justice system fund

 

created in section 181 of the revised judicature act of 1961, 1961

 

PA 236, MCL 600.181.

 

     (d) The number of citations, misdemeanors, and felonies

 

written under both state and local ordinances corresponding to a

 

law of this state for a violation of each of the following:

 

     (i) Section 617a of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.617a.

 

     (ii) Section 618 of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.618.

 

     (iii) Section 625(1) of the Michigan vehicle code, 1949 PA


300, MCL 257.625.

 

     (iv) Section 625(8) of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.625.

 

     (v) Section 626 of the Michigan vehicle code, 1949 PA 300, MCL

 

257.626.

 

     (vi) Section 676b of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.676b.

 

     (vii) Section 904 of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.904.

 

     (3) 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.

 

 

 

ONE-TIME APPROPRIATIONS

 

     Sec. 801. (1) Except as otherwise provided in this section,

 

funds appropriated in part 1 for sexual assault prevention and

 

education initiative shall be used to provide and administer grants

 

to public or nonpublic community colleges, colleges, universities,

 

and high schools with a physical presence in this state to address

 

campus sexual assault issues in order to improve the safety and

 

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

 

this state.

 


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

 

including education, awareness, prevention, reporting, bystander

 

intervention programs, peer advocacy groups, and student

 

organizations dedicated to campus sexual assault prevention and

 

other actions covered by title IX protections.

 

     (3) The department shall award grants no later than February

 

15, 2020, with a grant period of 1 year. Any of the funds

 

appropriated in part 1 for sexual assault prevention and education

 

initiative that are not awarded by February 15, 2020 may be

 

utilized to support other initiatives or programs through the

 

office of school safety.

 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2020-2021

 

GENERAL SECTIONS

 

     Sec. 1001. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2021 for

 

the line items listed in part 1. The fiscal year 2020-2021

 

appropriations are anticipated to be the same as those for fiscal

 

year 2019-2020, 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

 

2020 consensus revenue estimating conference.