FY 2019-20 ATTORNEY GENERAL BUDGET                                       S.B. 138 (S-1) CR-1:  CONFERENCE REPORT

 

 

 

 

 

 

 

 

 

 

 

CHANGES FROM

FY 2018-19 YEAR-TO-DATE

FULL-TIME EQUATED (FTE) CLASSIFIED POSITIONS/FUNDING SOURCE

FY 2018-19

YEAR-TO-DATE*

FY 2019-20

CONFERENCE

AMOUNT

PERCENT

FTE Positions..............................................................

                      531.0

                      537.0

                           6.0

               1.1 

GROSS..........................................................................

          104,662,700

          105,982,800

              1,320,100

               1.3 

Less:

 

 

 

 

   Interdepartmental Grants Received.........................

            30,386,400

            34,373,000

              3,986,600

             13.1 

ADJUSTED GROSS....................................................

            74,276,300

            71,609,800

             (2,666,500)

             (3.6)

Less:

 

 

 

 

   Federal Funds...........................................................

            10,007,300

              9,713,700

                (293,600)

             (2.9)

   Local and Private.......................................................

                              0

                              0

                              0

               0.0 

TOTAL STATE SPENDING.........................................

            64,269,000

            61,896,100

             (2,372,900)

             (3.7)

Less:

 

 

 

 

   Other State Restricted Funds..................................

            22,427,200

            20,159,800

             (2,267,400)

           (10.1)

GENERAL FUND/GENERAL PURPOSE...................

            41,841,800

            41,736,300

                (105,500)

             (0.3)

PAYMENTS TO LOCALS...........................................

                              0

                              0

                              0

               0.0 

*As of July 1, 2019.


 

 

 

Gross

GF/GP

FY 2018-19 Year-to-Date Appropriation......................................................

$104,662,700

$41,841,800

 

Changes from FY 2018-19 Year-to-Date:

 

 

Items Included by the Senate and House

 

 

  1.  Removal of FY 2018-19 Supplemental Funding. Governor and Senate removed supplemental funding for the Prosecuting Attorneys Coordinating Council (PACC) totaling $378,800 added via P.A. 618 of 2018 and $635,000 added for clergy investigations via P.A. 28 of 2019.

(1,013,800)

(635,000)

  2.  Marihuana Legal Services. Governor and Senate increased IDG funding to provide legal services for marihuana regulation due to adoption of Proposal 1 in November 2018.

935,400

0

  3.  MSHDA Legal Services. Governor and Senate increased IDG funding and added 2.0 FTEs to provide adequate funding for legal staffing for MSHDA.

335,500

0

   4.  DTMB Legal Services. Governor and Senate provided additional IDG funding and added 4.0 FTEs for additional attorneys for DTMB related activities.

670,000

0

  5.  Elimination of FY 2018-19 One-Time Items. Governor removed one-time funding totaling $800,000; $100,000 GF/GP. Funding removed as follows:  $700,000 in Restricted lawsuit settlement funds for PACC for juvenile life without parole cases and $100,000 in GF/GP for PACC for forensic interviewing trainings.

(800,000)

(100,000)

  6.  Economic Adjustments. Includes $1,388,000 Gross and $629,500 GF/GP for total economic adjustments, of which an estimated negative $1,089,100 Gross and $447,700 GF/GP is for legacy retirement costs (pension and retiree health).

1,388,000

629,500

Conference Agreement on Items of Difference

 

 

  7.  Child Abuse and Neglect. Governor, Senate, and Conference provided additional IDG funding and added 2.0 FTEs for attorneys for DHHS for investigations and prosecutions of child abuse and neglect cases in Wayne County.

340,000

0

  8.  Administrative Reduction. Senate removed $4.2 million GF/GP, equal to a 10.0% GF reduction, as an administrative adjustment. Conference did not include the reduction.

0

0

  9.  DHHS Human Services. Conference removed IDG grants from DHHS totaling $535,000 that was not included in the DHHS budget.

(535,000)

0

 

Total Changes...............................................................................................

$1,320,100

($105,500)

FY 2019-20 Conference Report Appropriation..............................................

$105,982,800

$41,736,300

Amount Over/(Under) GF/GP Target:

$0

$0


 

Boilerplate Changes from FY 2018-19 Year-to-Date:

Items Included by the Senate and House

  1.  Boilerplate Structure. Governor: Moved boilerplate from the FY 2018-19 general sections that applied to all General Government budgets to the Article for the Department of Attorney General. Changes to those items can be found in the highlight sheet for the General Sections. Senate:  Retained current law format.

  2.  Juvenile Life without Parole. Language states that the $700,000 appropriated in Part 1 is to be used for investigations, crime victim rights, prosecutions and appeals for retroactive juvenile life without parole cases. Also requires a report to be submitted by September 30. Governor: Deleted section. Senate, House, and Conference: Concurred. (Current Law Sec. 314a)

  3.  Address Confidentiality Program. Requires the Attorney General to develop the address confidentiality program that allows individuals to participate if he or she is a victim of domestic violence, stalking, human trafficking, sexual assault, or is at risk of physical harm if his or her address is disclosed. Section becomes effective upon enactment of Senate Bill 655 of the 99th Legislature. Governor:  SB 655 was not enacted thus section is deleted. Senate, House, and Conference: Concurred. (CL Sec. 316a)

  4.  Forensic Interviewing. Requires the one-time funding provided in Part 1 to be used to provide additional forensic interviewing training sessions to meet demand. Funding is intended to fund trainings for Child Advocacy Centers and local prosecutors. Governor:  Deleted. Senate, House, and Conference: Concurred. (CL Sec. 318)

  5.  Legacy Cost Estimates. Total legacy costs are estimated at $18,049,500. Of the total, pension-related legacy costs are estimated at $8,321,100 and retiree health care legacy costs are estimated at $9,728,400 for fiscal year ending September 30, 2019. Governor: Provided the following Legacy Costs estimates for FY 2020:  Total legacy costs estimated at $17,223,800. Of that total, $8,372,900 are for pension-related legacy costs and $8,850,900 are for retiree health care legacy costs for the fiscal year ending September 30, 2020. Senate, House, and Conference: Concurred. (Gov. Sec. 214, CL Sec. 315)

Conference Agreement on Items of Difference

  6.  Contingency Funds. Senate: Removed language authorizing the use of contingency funds. House: Retained current law. Conference: Reduced authorizations by 50%. (Sec. 301)

  7.  Litigation Expense Reimbursement. Language appropriated up to $1.0 million from litigation expense reimbursements awarded to the State for specific purposes. Senate: Deleted. House: Retained at $500,000. Conference: Concurred with Senate. (CL Sec. 308)

  8.  NEW Reimbursements. House: Added new language requiring the Department of Attorney General to report to the Senate and House appropriations subcommittees on corrections the total amount or reimbursements received under section 6 of 1984 PA 282, the amount paid to conduct the investigations from these reimbursements, and the amount credited to the general fund from these reimbursements. Conference: Concurred with House. (NEW Sec. 309a)

 

  9.  NEW Lawsuit Settlements Proceeds Fund Report. House: Added new language requiring the Attorney General's Office to submit a quarterly report to the House and Senate standing committees on appropriations, the House and Senate appropriations subcommittees on General Government, the House and Senate fiscal agencies, and the State Budget Office, on the Lawsuit Settlement Proceeds Fund. Conference: Concurred with House. (NEW Sec. 313)

10.  NEW Wrongful Imprisonment Compensation Fund. Governor: Added new language requiring a quarterly report listing all payments made from the fund, the known pending cases requiring a payment in the next quarter, and the fund balance at the end of each reported quarter. The language also requires that the Department include the number of claims filed and the corresponding amount of the settlement. Conference: Concurred with House. (NEW Sec. 319)

11.  NEW Lawsuit Settlement Notification and Lawsuit Prohibition. Senate: Added new language requiring the Department to notify appropriations chair's and fiscal agencies of lawsuit settlements with a fiscal impact of $5.0 million or more. Requires the Department to enforce State law and prohibits the Department from entering into a lawsuit contrary to Michigan law. Conference: Concurred with Senate. (NEW Sec. 320)

12.  NEW Attorney General Appearance. House: Requires the Attorney General to appear before the House and Senate Appropriations Subcommittees on General Government within 14 days of filing a lawsuit against the federal government. Conference: Modified to 30 days and upon request by the chairs. Must provide notification when a lawsuit is filed and include the estimated cost to the Department. (NEW Sec. 321)

 

 

Date Completed:  9-19-19                                                                                          Fiscal Analyst:  Joe Carrasco, Jr.

 

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.