Bill Text: MI HB5510 | 2023-2024 | 102nd Legislature | Engrossed

Michigan House Bill 5510

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Appropriations: department of state police; appropriations for fiscal year 2024-2025; provide for. Creates appropriation act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-05-22 - Roll Call Roll Call # 127 Yeas 51 Nays 55 Excused 0 Not Voting 4 [HB5510 Detail]

Download: Michigan-2023-HB5510-Engrossed.html

Substitute For

HOUSE BILL NO. 5510

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2025; 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, 2025 from the following funds:

DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions	3.0
Full-time equated classified positions	3,846.0

GROSS APPROPRIATION		$	992,417,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			27,189,800
ADJUSTED GROSS APPROPRIATION		$	965,228,000
Federal revenues:
Total federal revenues			99,062,700
Special revenue funds:
Total local revenues			4,975,700
Total private revenues			35,000
Total other state restricted revenues			174,984,300
State general fund/general purpose		$	686,170,300
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	3.0
Full-time equated classified positions	150.0
Unclassified salaries--FTEs	3.0	$	592,600
Department services--FTEs	25.0		8,299,100
Departmentwide			53,292,400
Executive direction--FTEs	46.0		7,777,100
Mobile office and system support--FTEs	39.0		6,109,700
Professional development bureau--FTEs	40.0		12,474,600
GROSS APPROPRIATION		$	88,545,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation, state trunkline fund			41,100

IDG from department of treasury, casino gaming fees			406,000
IDG, training academy charges			192,200
Intradepartmental transfers			56,000
Federal revenues:
DHS			32,400
DOJ			12,800
DOJ, interest bearing			9,900
DOT			2,199,500
Federal indirect funds			1,716,600
Special revenue funds:
Local funds - AFIS fees			100
Local funds - LEIN fees			800
Local funds - reimbursed services			300
Local funds - school bus revenue			7,200
Auto theft prevention fund			31,100
Criminal justice information center service fees			2,655,000
Drunk driving prevention and training fund			447,500
Forensic science reimbursement fees			51,300
Hazardous materials training center fees			50,800
Highway safety fund			266,000
Marihuana regulatory fund			266,900
Michigan justice training fund			3,700
Michigan merit award trust fund			16,400
Motor carrier fees			354,500
Narcotics-related forfeiture revenue			400
Nuclear plant emergency planning reimbursement			23,200

Precision driving track fees			800
Reimbursed services			300
Secondary road patrol and training fund			100
Sex offenders registration fund			800
State forensic laboratory fund			89,800
State police administrator and coordinator 911 fund			25,800
State police service fees			400
State services fee fund			215,800
Tobacco tax revenue			115,000
Traffic law enforcement and safety fund			494,000
Truck driver safety fund			1,600
Vehicle sales proceeds			650,000
State general fund/general purpose		$	78,109,400
Sec. 103. LAW ENFORCEMENT SERVICES
Full-time equated classified positions	601.0
Biometrics and identification--FTEs	60.0	$	11,593,600
Criminal justice information center--FTEs	154.0		29,554,200
Firearm disposal			250,000
Forensic science--FTEs	278.0		49,567,300
Grants and community services--FTEs	60.0		25,954,300
Office of school safety--FTEs	6.0		1,379,700
State 911 administration--FTEs	5.0		1,140,200
Training operations--FTEs	38.0		8,259,500
Trooper recruit school onboarding, training, and outfitting			5,000,000
GROSS APPROPRIATION		$	132,698,800
Appropriated from:

Interdepartmental grant revenues:
IDG from department of state		405,000
IDG from department of transportation, state trunkline fund		753,900
IDG, training academy charges		2,810,600
Intradepartmental transfers		750,000
Federal revenues:
DOJ		14,593,700
DOJ, interest bearing		4,011,700
DOT		662,700
Special revenue funds:
Local funds - SRMS fees		919,200
Private donations		20,000
Auto theft prevention fund		8,242,800
Criminal justice information center service fees		25,000,700
Drunk driving prevention and training fund		200,800
Forensic science reimbursement fees		1,017,900
Motor carrier fees		142,200
Precision driving track fees		335,100
Sex offenders registration fund		395,800
State forensic laboratory fund		767,600
State police administrator and coordinator 911 fund		1,140,200
State services fee fund		8,217,700
Student safety fund		250,000
Traffic crash revenue		581,700
State general fund/general purpose	$	61,479,500

Sec. 104. MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Full-time equated classified positions	27.0
De-escalation training		$	500,000
In-service training--FTEs	7.0		18,021,100
Justice training grants			10,000,000
Public safety officers benefit fund--FTE	1.0		303,000
Standards and training--FTEs	19.0		4,017,200
Training only to local units			855,000
GROSS APPROPRIATION		$	33,696,300
Appropriated from:
Federal revenues:
DOJ			280,400
Special revenue funds:
Law enforcement officers training fund			25,000
Marihuana regulatory fund			3,353,200
Michigan justice training fund			10,000,000
Private security licensing fees			5,000
Retired law enforcement officer safety fund			25,000
Secondary road patrol and training fund			855,000
State general fund/general purpose		$	19,152,700
Sec. 105. FIELD SERVICES
Full-time equated classified positions	2,428.0
Investigative services--FTEs	148.5	$	41,408,100
Post operations--FTEs	2,249.5		420,335,400
Secure cities partnership--FTEs	30.0		9,939,000
GROSS APPROPRIATION		$	471,682,500
Appropriated from:

Interdepartmental grant revenues:
IDG from department of transportation, state trunkline fund		2,100
IDG from department of treasury, casino gaming fees		6,243,600
Intradepartmental transfers		1,150,500
Federal revenues:
DOJ		4,655,900
DOT		2,040,400
Forfeiture revenue		544,100
Reimbursed services, federal investigations		3,997,700
Special revenue funds:
Local funds - reimbursed services		1,235,500
Bottle bill enforcement fund		777,600
Highway safety fund		9,286,300
Marihuana regulation fund		3,196,900
Marihuana regulatory fund		2,507,600
Michigan merit award trust fund		857,300
Narcotics-related forfeiture revenue		1,541,100
Nonnarcotic forfeiture revenue		50,600
Rental of department aircraft		900
State police service fees		6,153,400
State services fee fund		1,028,600
Tobacco tax revenue		5,251,100
Traffic law enforcement and safety fund		25,282,400
Trooper school recruitment fund		5,073,900
State general fund/general purpose	$	390,805,000
Sec. 106. SPECIALIZED SERVICES

Full-time equated classified positions	640.0
Commercial vehicle enforcement--FTEs	211.0	$	39,266,800
Emergency management and homeland security--FTEs	64.0		17,009,800
Hazardous materials programs--FTEs	25.0		23,636,000
Highway safety planning--FTEs	25.0		20,529,800
Intelligence operations--FTEs	233.0		35,524,300
Secondary road patrol program--FTE	1.0		15,008,200
Special operations--FTEs	81.0		17,495,800
GROSS APPROPRIATION		$	168,470,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation, state trunkline fund			11,702,900
IDG from department of treasury, public safety answer point training 911 fund			100,000
Intradepartmental transfers			2,055,200
Federal revenues:
DHS			31,924,100
DOT			31,420,400
Special revenue funds:
Local funds - school bus revenue			1,860,900
Private donations			15,000
Bottle bill enforcement fund			230,000
Criminal justice information center service fees			427,400
Hazardous materials training center fees			749,700
Marihuana regulation fund			256,900

Marihuana regulatory fund		389,900
Motor carrier fees		9,067,000
Nuclear plant emergency planning reimbursement		2,430,000
Reimbursed services		1,722,200
Rental of department aircraft		51,500
Secondary road patrol and training fund		15,008,200
State police dispatch operator 911 fund		681,900
Truck driver safety fund		3,975,700
State general fund/general purpose	$	54,401,800
Sec. 107. INFORMATION TECHNOLOGY
Information technology services and projects	$	30,224,000
GROSS APPROPRIATION	$	30,224,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation, state trunkline fund		364,700
IDG from department of treasury, casino gaming fees		122,800
IDG, training academy charges		11,500
Intradepartmental transfers		21,700
Federal revenues:
DHS		119,400
DOJ		580,400
DOT		260,600
Special revenue funds:
Local funds - AFIS fees		80,000
Local funds - LEIN fees		851,300
Local funds - school bus revenue		20,400

Auto theft prevention fund		6,200
Criminal justice information center service fees		10,390,500
Drunk driving prevention and training fund		3,600
Forensic science reimbursement fees		76,500
Highway safety fund		92,400
Marihuana regulatory fund		773,700
Michigan merit award trust fund		3,400
Motor carrier fees		420,500
Nuclear plant emergency planning reimbursement		12,800
Sex offenders registration fund		228,400
State forensic laboratory fund		113,000
State police administrator and coordinator 911 fund		7,200
State police dispatch operator 911 fund		68,900
State services fee fund		84,400
Tobacco tax revenue		21,400
Traffic crash revenue		246,900
Traffic law enforcement and safety fund		119,500
State general fund/general purpose	$	15,121,900
Sec. 108. ONE-TIME APPROPRIATIONS
Climate change emergency disaster relief	$	50,000,000
Contracts and services		1,600,000
Public safety academy assistance programs		14,600,000
State employees' retirement system implementation costs		500,000
University cold case program partnerships		400,000
GROSS APPROPRIATION	$	67,100,000

Appropriated from:
State general fund/general purpose		$	67,100,000

part 2

provisions concerning appropriations

for fiscal year 2024-2025

general sections

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, for fiscal year ending September 30, 2025, total state spending under part 1 from state sources is $851,154,600.00 and state spending from state sources to be paid to local units of government is $107,941,500.00. The following itemized statement identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF STATE POLICE
Climate change emergency disaster relief	$	50,000,000
In-service training		14,586,000
Justice training grants		10,000,000
Public safety academy assistance grants		17,500,000
Secondary road patrol program		15,000,000
Training only to local units		855,500
TOTAL	$	107,941,500

Sec. 202. The appropriations 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) "AFIS" means the automated fingerprint identification system.

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

(d) "DHS" means the United States Department of Homeland Security.

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

(f) "DNA" means deoxyribonucleic acid.

(g) "DOJ" means the United States Department of Justice.

(h) "DOT" means the United States Department of Transportation.

(i) "DTMB" means the department of technology, management, and budget.

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

(k) "IDG" means interdepartmental grant.

(l) "LEIN" means the law enforcement information network.

(m) "MCOLES" means the Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.603.

(n) "SIGMA" means the statewide integrated governmental management application.

(o) "SRMS" means the state records management system.

(p) "Standard report recipients" means the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.

Sec. 204. The department shall use the internet to fulfill the reporting requirements of this part. This requirement includes transmitting reports to the standard report recipients and any other required recipients by email and posting the reports on an internet site.

Sec. 205. To the extent permissible under section 261 of the

management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to the expenditure of funds appropriated in part 1:

(a) The funds must 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.

(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.

(c) Preference must 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 department shall not take disciplinary action against an employee of the department for communicating with a member of the legislature or a legislative staff, unless the communication is prohibited by law and the department is exercising its authority as provided by law.

Sec. 207. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the department shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The report must list all travel by classified and unclassified employees outside this state in the previous fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The department shall submit the report to the standard report recipients and to the senate and house appropriations committees. The report must include all of the following information:

(a) The dates of each travel occurrence.

(b) The total transportation and related costs of each travel occurrence and the proportion funded with state general fund/general purpose revenues, state restricted revenues, federal revenues, and other revenues.

Sec. 208. The department shall not use funds appropriated in part 1 to hire a person to provide legal services that are the responsibility of the attorney general. This section does not apply to legal services for bonding activities or to outside services that the attorney general authorizes.

Sec. 209. Not later than December 15, the state budget office shall prepare and submit a report that provides estimates of the total general fund/general purpose appropriation lapses at the close of the previous fiscal year. The report must summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The state budget office shall submit the report to the standard report recipients and to the senate and house appropriations committees.

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 authorization. Amounts appropriated under this subsection 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 authorization. Authorized 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 for the department:

(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. Not later than 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the previous 2 fiscal years. The report must be submitted to the standard report recipients and to the chairpersons of the senate and house appropriations committees.

Sec. 214. (1) Funds appropriated in part 1 must not be used to restrict or impede a marginalized community's access to government resources, programs, or facilities.

(2) From the funds appropriated in part 1, local governments shall report any action or policy that attempts to restrict or interfere with the duties of a local health officer.

Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure that geographically-

disadvantaged business enterprises 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 geographically-disadvantaged business enterprises for services or supplies, or both. As used in this section, "geographically-disadvantaged business enterprises" means that term as defined in Executive Directive No. 2019-08.

Sec. 216. On a quarterly basis, the department shall report on the number of FTE positions in pay status by civil service classification, including a comparison by line item of the number of FTE positions authorized from funds appropriated in part 1 to the actual number of FTE positions employed by the department at the end of the reporting period. The report must be submitted to the senate and house appropriations committee and to the standard report recipients.

Sec. 217. It is the intent of the legislature that the department maximize the efficiency of the state workforce and, if possible, prioritize in-person work and post its in-person, remote, or hybrid work policy on its website.

Sec. 219. The department shall receive and retain copies of all reports funded from appropriations in part 1. The department shall follow federal and state guidelines for short-term and long-term retention of records. The department may electronically retain copies of reports unless otherwise required by federal or state guidelines.

Sec. 220. Not later than April 1, the department shall report on each specific policy change made to implement a public act affecting the department that was enacted and took effect during the previous calendar year. The department shall submit the report

to the standard report recipients and to the senate and house appropriations committees and the joint committee on administrative rules.

Sec. 222. To the extent permissible, the department shall not expend appropriations under part 1 until all existing authorized work project funds available for the same purposes are exhausted.

Sec. 224. The department shall provide biannual reports to the standard report recipients that include 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 must 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. 225. 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. 226. The department shall notify the subcommittees, the chairpersons of the senate and house appropriations committees, and the senate and house fiscal agencies when it recommends to close or consolidate any state police post. The notification must include a local and state impact study of the proposed post closure or

consolidation.

Sec. 227. If the department presents a plan to the state employer to privatize, the department shall submit a complete project plan to the subcommittees and the senate and house fiscal agencies. The plan must include the criteria under which the privatization initiative will be evaluated. The evaluation must be completed and submitted to the subcommittees and the senate and house fiscal agencies within 30 months.

Sec. 228. (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.

(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. All costs incurred in providing the services are eligible for reimbursement.

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

(5) Revenues received for contractual or reimbursed services in excess of the appropriations in part 1 are appropriated and may be received and expended by the department for the purposes for which the funds are received.

(6) If additional authorization is approved in 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 must include the amount and funding source of the additional authorization, the date

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

Sec. 229. 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. 230. The department may establish and collect fees for publications, videos, conferences, workshops, and related materials. Fees collected under this section must 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. 231. (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 the gifts, bequests, donations, contributions, or grants accepted under this subsection 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 must not lapse to the general fund but must be carried forward to the subsequent fiscal year.

(3) Private revenues received under this section that exceed the appropriations in part 1 are appropriated and may be received and expended by the department for the purposes for which the funds are received.

(4) If additional authorization is approved in 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 must include the amount and funding source of the additional authorization, the date of the approval, and the projected use of the funds to be expended.

Sec. 232. (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. The total amount of federal revenues that may be received and expended under this section and section 704(3) must not exceed $105,000,000.00.

(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 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 must include the amount and funding source of the additional authorization, the date of its approval, and the projected use of the funds to be expended.

Sec. 233. (1) 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. The protection required under this subsection includes, but is not limited to, all of the following:

(a) Requiring vendors or service providers to protect data shared with them.

(b) 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.

(2) The department shall provide written notification to any data subject whose sensitive personal information is accessed or acquired by an unauthorized person.

Sec. 234. A law enforcement 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 a local ordinance that substantially corresponds to the 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 performance evaluation system must not require a predetermined or specified number of citations to be issued.

Sec. 235. The department, in collaboration with the department of health and human services and the department of education, shall advise on initiatives in schools and other educational organizations that include, but are not limited to, training for educators, teachers, and other personnel in school settings for all of the following:

(a) Utilization of trauma-informed practices.

(b) Age-appropriate education and information on human trafficking.

DEPARTMENTAL ADMINISTRATION AND SUPPORT

Sec. 301. (1) From the funds appropriated in part 1 for the

professional development bureau, the department may provide or obtain the following training:

(a) Training that directly relates to the individual's job description and role within the department.

(b) Professional development training.

(d) Advanced education training.

(e) De-escalation training.

(2) Not later than January 1, 2026, the department shall submit a report to the standard report recipients and to the senate and house appropriations committees that includes the following information about the funds appropriated in part 1 for the professional development bureau:

(a) The training courses that the department's employees completed.

(b) If a training course is developed by the department, a description of that course's curriculum and its purpose.

Sec. 302. (1) From the funds appropriated in part 1, the department shall, in collaboration with the department of civil rights and MCOLES, provide the following training to local police departments or officers free of charge:

(a) Cultural awareness and competency.

(b) Tolerance, diversity, and implicit bias.

(d) Use of force on vulnerable individuals, including children, individuals with disabilities, individuals with unmet

mental health needs, individuals under the influence of substances, and pregnant individuals.

(e) Mental health and wellness for law enforcement officers.

(2) The training provided under subsection (1) may be offered online in order to facilitate easy access and may be given by department staff, contractors, or external vendors.

(3) On a quarterly basis, the department shall submit a report to the standard report recipients on the number of officers, by police department, that received training under this section.

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 224, for days of training being conducted by the academy.

(3) The department shall submit a report to the standard report recipients within 60 days of the conclusion of any trooper, motor carrier, or state properties security recruit school. The report must include all of 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 recruit school, the number of recruits who graduated from the recruit 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. The department shall report the number of these outreach activities conducted, as provided under section 224.

(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 $15.00 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) By March 1, the department shall submit a report to the standard report recipients detailing the number of traffic crash reports provided, the amount of revenue collected, and all expenditures incurred for activities under subsection (5) in the preceding fiscal year. The report must include an analysis of whether revenue from department activities under subsection (5) is sufficient to offset all costs incurred for those activities and

must provide information regarding any deficit or surplus of revenue.

(7) 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.

(8) The department shall, in accordance with applicable state and federal laws, provide for the maintenance of records, including criminal history records regarding firearms licensure, as provided under 1927 PA 372, MCL 28.421 to 28.435.

(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 224.

(10) The following unexpended and unencumbered revenues deposited into the criminal justice information center service fees must not lapse to the general fund, but must 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 must not lapse to the general fund, but must be carried forward into the subsequent fiscal year.

Sec. 403. (1) The department shall provide forensic testing and analysis/profiling of DNA evidence to aid in law enforcement investigations in this state.

(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 the average annual caseload received by the forensic science division during the preceding 5 fiscal years, and shall work to 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 224:

(a) The average turnaround time for processing forensic evidence across all disciplines.

(b) Forensic laboratory staffing levels, including scientists in training, and vacancies.

Sec. 404. (1) The biometrics and identification division shall maintain and manage the automated biometric identification system, 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, as provided in section 224.

(3) The department shall schedule polygraph examinations with a 28-day average wait time, assuming an annual caseload received commensurate with the average annual caseload received during the preceding 5 fiscal years, 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 standard report recipients that includes, but is not limited to, all of the following information:

(a) Sexual assault kit analysis backlog at the beginning of the previous fiscal year.

(b) The number of sexual assault kits collected or submitted for analysis during the previous fiscal year.

(c) The number of sexual assault kits analyzed and the number of associated DNA profiles created and uploaded during the previous fiscal year.

(d) Sexual assault kit analysis backlog at the end of the previous fiscal year.

(e) The average turnaround time to analyze sexual assault kits and to create and upload associated DNA profiles for the previous 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, including the department's community policing efforts.

(d) Administration and outreach of the OK2SAY program.

Sec. 407. Not later than March 30, the office of school safety shall provide a school safety report to the legislature and the senate and house fiscal agencies that must include reports of both of the following:

(a) The 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).

(b) OK2SAY-based incidences and activities.

(c) Based upon an evaluation of school safety, recommendations on best practices and other safety measures to ensure school safety in this state.

Sec. 408. The unexpended and unencumbered general fund/general purpose funds appropriated in part 1 for trooper recruit school onboarding, training, and outfitting must not lapse to the general fund at the end of the fiscal year but must be deposited into the trooper recruit school fund created under section 819b of the Michigan vehicle code, 1949 PA 300, MCL 257.819b.

Sec. 409. The department shall use funds appropriated in part 1 for firearm disposal for administrative costs, including staffing, facilities, and travel-related expenses for the disposal of firearms as described under section 239 of the Michigan penal code, 1931 PA 328, MCL 750.239.

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

Sec. 501. (1) MCOLES shall establish standards for the selection, employment, training, education, licensing, and licensure 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.

Sec. 502. The general fund/general purpose funds appropriated in part 1 for the public safety officers benefit fund must be deposited into the public safety officers benefit fund created in section 3 of the public safety officers benefit act, 2004 PA 46, MCL 28.633. All funds in the public safety officers benefit fund are appropriated and available for expenditure in accordance with section 3 of the public safety officers benefit act, 2004 PA 46, MCL 28.633.

Sec. 503. Funds appropriated in part 1 for in-service training must be deposited into the law enforcement officers training fund created in section 11(7) of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.611. All funds in the law enforcement officers training fund are appropriated and available for expenditure to support the implementation of required annual in-service training standards for all licensed law enforcement officers, in accordance with rules promulgated under section 11(2) of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.611.

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 must 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 report on the number of residence checks of registered sex offenders conducted, as provided under section 224.

(4) The department shall submit a report to the standard report recipients on or before April 15 regarding the secure cities partnership during the previous 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 the average annual number provided during the preceding 5 fiscal years.

(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 provide training opportunities to local law enforcement partners with the goal of increasing their knowledge of gambling laws, legal issues, opioid-related investigations, and other emerging law enforcement issues.

(5) The department shall maintain the staffing and resources necessary to investigate the average annual number of opioid-related investigations conducted by multijurisdictional task forces and hometown security teams during the preceding 5 fiscal years. 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 standard report recipients and to the senate and house appropriations subcommittees on general government that details expenditures and activities related to tobacco tax enforcement for the previous fiscal year.

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 average annual number of requests for fire investigation services that occurred during the preceding 5 fiscal years, and shall be available for call out statewide 100% of the time.

Sec. 605. (1) From the funds appropriated in part 1, the department shall make an organized, strategic effort to recruit trooper school candidates and other new employees that mirror the diverse racial, religious, and cultural backgrounds that make up the communities in Michigan, including individuals who are Black, Jewish, Native American, LGBTQ+, Indian/Hindu, Hispanic, Arab/Muslim, and Asian and Pacific Islander. The department shall submit an annual report of these recruiting efforts, along with the status of the diversity of current racial, religious, and cultural backgrounds of those employed by the department to the subcommittees not later than April 15 of each year.

(2) The department may use the funds appropriated in part 1 that represent attrition savings to offset the cost of recruiting efforts described under subsection (1).

SPECIALIZED SERVICES

Sec. 701. (1) The department shall operate the Michigan intelligence operations 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 complete the average annual number of cases completed by the computer crimes unit during the preceding 5 fiscal years. The computer crimes 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 complete the average annual casework that the Michigan cyber command center completed during the preceding 5 fiscal years.

(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 average annual number of requests for specialty services which occurred during the preceding 5 fiscal years.

(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, the State Secondary Complex, and other state-owned or leased properties, 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, 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; new entrant operations; commercial driver licenses; and inspections pursuant to the federal motor carrier assistance program.

(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, must be expended in accordance with that act. Unexpended and unencumbered revenues must not lapse to the general fund but must 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 on any agency or department of this state or any resource of this 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 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 must 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 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 must include the amount and source of the additional authorization, the date of its approval, and the projected use of the funds to be expended under the authorization. The total amount of federal revenues that may be received and expended under this section and section 232 must not exceed $105,000,000.00.

(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 must 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) If, in a particular month, expenditures are made from the disaster and emergency contingency fund, the department shall submit a report for that month to the senate and house fiscal agencies detailing the purpose of the expenditures. The monthly report required under this subsection must be submitted within 30 days after the end of the month during which funds from the disaster and emergency contingency fund were expended.

(9) The department shall track and report on a biannual basis, as provided in section 224 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. The department is not required to report any information that could compromise the security of any critical infrastructure.

(10) Revenue collected by the department under this section for the emergency management and homeland security training center that is unexpended and unencumbered at the end of the fiscal year must not lapse to the general fund, but must be carried forward into the subsequent fiscal year.

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 must 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) The sheriffs' duties under the secondary road patrol program, as outlined in section 76(2) of 1846 RS 14, MCL 51.76, are to do all of the following:

(a) Patrol and monitor traffic violations.

(b) 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.

(d) Provide emergency assistance to persons on or near a highway or road the sheriff is patrolling and monitoring.

ONE-TIME APPROPRIATIONS

Sec. 801. (1) From funds appropriated in part 1 for climate change emergency disaster relief, the department shall provide financial assistance to local units of government to cover costs of natural events resulting in negative economic impacts, widespread or severe damage, injury, or loss of life that are not otherwise eligible for reimbursement for emergency disaster relief from the federal government. Funds disbursed under this section must be used to assist communities in responding to devastating natural events that are occurring with greater frequency because of climate change.

(2) The unexpended funds appropriated in part 1 for climate change emergency disaster relief are designated as a work project appropriation. Unencumbered or unallotted funds must not lapse at the end of the fiscal year and must be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to cover costs of natural events resulting in negative economic impacts, widespread or severe damage, injury, or loss of life that are not otherwise eligible for reimbursement for emergency disaster relief from the federal government.

(b) The project will be accomplished by utilizing state employees and payments to local units of government.

(d) The tentative completion date is September 30, 2029.

Sec. 802. From funds appropriated in part 1 for contracts and services, $200,000.00 must be allocated for providing traffic control support for the Michigan International Speedway.

Sec. 803. From the unexpended and unencumbered funds appropriated in 2022 PA 194 for federal ineligible expenses, $2,900,000.00 is appropriated for public safety academy assistance programs.

Sec. 804. (1) From the funds appropriated in part 1 and section 803 for public safety assistance programs, the department shall do all of the following:

(a) Pay the salaries of training academy recruits from public safety agencies.

(b) Pay the salaries of individuals who receive scholarships

under subdivision (c).

(c) Allocate funds to MCOLES to establish and administer a competitive scholarship program that provides police academy scholarships of up to $20,000.00 per recruit on a first-come, first-served basis to an individual in a public safety agency who meets the requirements of subsection (2) and any necessary requirements to enroll in a police academy program.

(2) An individual must meet both of the following requirements to receive a scholarship under this section:

(a) Have applied to at least 1 law enforcement basic training academy approved by MCOLES.

(b) Have completed an interview and received approval for the scholarship from the public safety agency that the individual intends to serve.

(3) For the purposes of this section, no more than 25 scholarships may be approved by a particular public safety agency.

(4) MCOLES is authorized to use up to $140,000.00 for administration of the scholarship program established and administered by MCOLES under this section.

(5) The unexpended funds appropriated in part 1 for public safety academy assistance programs are designated as a work project appropriation. Unencumbered or unallotted funds must not lapse at the end of the fiscal year and must be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to provide salaries and scholarships for public safety recruits.

(b) The project will be accomplished by utilizing state

employees, contracts with vendors, or local partners.

(d) The tentative completion date is September 30, 2027.

Sec. 805. The funds appropriated in part 1 for state employees retirement system implementation costs must be remitted to the state employees retirement system for implementation costs if the following bills of the 102nd Legislature are enacted into law:

(a) House Bill No. 4665.

(b) House Bill No. 4666.

Sec. 806. From funds appropriated in part 1 for university cold case program partnerships, the department shall provide $200,000.00 to 2 universities that have had a cold case program partnership with the department for over 1 year by October 1, 2024 and provide workforce development training related to criminal investigation tactics, forensic science and law, and review of cold homicide and missing person cases. Funds disbursed under this section must be used only for programmatic and operational expenses of the university's cold case training course program.

LegiScan Search

View Top 50 Searches

LegiScan Info

Price List

Voter Registration

Governor Deadlines &
Effective Dates

LegiScan Trends

View Top 50 National

TX HB832 Relating to procedures regarding hearings and meetings held by or involving...

NJ A4958 Exempts volunteer fire companies, emergency service providers, and veteran...

NJ A5038 Requires Commissioner of Education and Local Finance Board approval for...

TX HB334 Relating to the establishment of a county employee family leave pool p...

US HB8932 FAFSA Deadline Act

MI SB1079 Worker's compensation: benefits; requirements regarding wage earning capacity;...

MA S2962 Site Information & Links

TX HB1134 Relating to the prohibited maintenance of certain vaccine exemption records...

MI SB1080 Worker's compensation: benefits; compensation for death resulting from...

MA H4244 Changing the board of selectmen in the town of Dunstable to the select...

Main menu

Bill Text: MI HB5510 | 2023-2024 | 102nd Legislature | Engrossed

Michigan House Bill 5510

LegiScan Search

LegiScan Info

LegiScan Trends