Bill Text: MI SB0198 | 2023-2024 | 102nd Legislature | Engrossed

Michigan Senate Bill 198

Bill Title: Appropriations: department of state police; appropriations for fiscal year 2023-2024; provide for. Creates appropriation act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-05-16 - Referred To Committee On Appropriations [SB0198 Detail]

Download: Michigan-2023-SB0198-Engrossed.html

Substitute For

SENATE BILL NO. 198

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2024; to provide for certain conditions on appropriations; 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, 2024, from the following funds:

DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions	3.0

Full-time equated classified positions	3,829.0
GROSS APPROPRIATION		$	~~884,169,800~~ 887,469,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			26,244,400
ADJUSTED GROSS APPROPRIATIONS		$	~~857,925,400~~ 861,225,400
Federal revenues:
Total federal revenues			87,849,400
Special revenue funds:
Total local revenues			4,904,800
Total private revenues			35,000
Total other state restricted revenues			165,785,600
State general fund/general purpose		$	~~599,350,600~~ 602,650,600
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	3.0
Full-time equated classified positions	143.0
Unclassified salaries--FTEs	3.0	$	564,400
Department services--FTEs	19.0		7,878,500
Departmentwide			52,184,100
Executive direction--FTEs	46.0		7,574,900
Mobile office and system support--FTEs	39.0		5,925,800
Professional development bureau--FTEs	39.0		12,209,600
GROSS APPROPRIATION		$	86,337,300
Appropriated from:

Interdepartmental grant revenues:
IDG from department of corrections, contract			26,000
IDG from department of transportation, state trunkline fund			41,100
IDG from department of treasury, casino gaming fees			405,500
IDG, training academy charges			192,200
IDT - auto theft funds			1,500
IDT - truck safety fund			54,100
Federal revenues:
DHS			23,800
DOJ			12,800
DOJ, interest bearing			9,900
DOT			2,163,200
Federal indirect funds			1,364,600
Special revenue funds:
Local - AFIS fees			100
Local - LEIN fees			800
Local - reimbursed services			300
Local - school bus revenue			7,200
Auto theft prevention fund			31,000
Criminal justice information center service fees			2,584,600
Drunk driving prevention and training fund			431,200
Forensic science reimbursement fees			50,300
Hazardous materials training center fees			50,700
Highway safety fund			263,100
Marihuana regulatory fund			261,600

Michigan justice training fund			3,700
Michigan merit award trust fund			16,100
Motor carrier fees			351,200
Narcotics-related forfeiture revenue			400
Nuclear plant emergency planning reimbursement			23,000
Precision driving track fees			800
Reimbursed services			300
Secondary road patrol and training fund			100
Sex offenders registration fund			800
State forensic laboratory fund			88,900
State police administrator and coordinator 911 fund			25,800
State police service fees			400
State services fee fund			213,000
Tobacco tax revenue			113,800
Traffic law enforcement and safety fund			487,300
Truck driver safety fund			1,600
Vehicle sales proceeds			450,000
State general fund/general purpose		$	76,584,500
Sec. 103. LAW ENFORCEMENT
Full-time equated classified positions	601.0
Biometrics and identification--FTEs	60.0	$	11,342,700
Criminal justice information center--FTEs	154.0		26,852,500
Forensic science--FTEs	278.0		48,281,000
Grants and community services--FTEs	60.0		19,963,200
Office of school safety--FTEs	6.0		1,354,800
State 9-1-1 administration--FTEs	5.0		1,126,500
Training operations--FTEs	38.0		8,084,400

Trooper recruit school onboarding, training and outfitting		5,000,000
GROSS APPROPRIATION	$	122,005,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state		396,500
IDG from department of transportation, state trunkline fund		741,500
IDG, training academy charges		2,791,600
IDT, Michigan justice training fund		750,000
Federal revenues:
DOJ		8,713,600
DOJ, interest bearing		4,005,700
DOT		669,200
Special revenue funds:
Local - SRMS fees		919,200
Private donations		20,000
Auto theft prevention fund		8,225,400
Criminal justice information center service fees		22,534,800
Drunk driving prevention and training fund		200,800
Forensic science reimbursement fees		1,002,000
Motor carrier fees		139,800
Precision driving track fees		335,100
Sex offenders registration fund		391,800
State forensic laboratory fund		767,600
State police administrator and coordinator 911 fund		1,126,500

State services fee fund			7,988,600
Student safety fund			250,000
Traffic crash revenue			366,100
State general fund/general purpose		$	59,669,300
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		18,240,000
Justice training grants			10,000,000
Public safety officers benefit fund--FTE	1.0		303,000
Standards and training--FTEs	19.0		3,926,200
Training only to local units			855,000
GROSS APPROPRIATION		$	33,824,200
Appropriated from:
Federal revenues:
DOJ			278,400
Special revenue funds:
Law enforcement officers training fund			25,000
Marihuana regulatory fund			3,272,000
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		$	19,363,800
Sec. 105. FIELD SERVICES
Full-time equated classified positions	2,428.0
Investigative services--FTEs	148.5	$	39,726,400

Post operations--FTEs	2,249.5		395,420,200
Secure cities partnership--FTEs	30.0		9,631,400
GROSS APPROPRIATION		$	444,778,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of treasury, casino gaming fees			5,774,600
IDT - Auto theft funds			1,123,600
IDT - truck safety fund			3,100
Federal revenues:
DOJ			5,378,000
DOT			1,149,100
Federal forfeiture revenues			544,100
Federal investigations - reimbursed services			3,173,500
Special revenue funds:
Local - reimbursed services			1,235,400
Bottle bill enforcement fund			770,000
Highway safety fund			8,970,700
Marihuana regulation fund			2,393,300
Marihuana regulatory fund			3,121,800
Michigan merit award trust fund			854,900
Narcotics-related forfeiture revenue			1,538,200
Nonnarcotic forfeiture revenue			50,600
State police service fees			3,752,200
State services fee fund			1,028,600
Tobacco tax revenue			5,076,300
Traffic law enforcement and safety fund			24,437,100
Trooper school recruitment fund			5,073,900

State general fund/general purpose		$	369,329,000
Sec. 106. SPECIALIZED SERVICES
Full-time equated classified positions	630.0
Commercial vehicle enforcement--FTEs	211.0	$	38,420,900
Emergency management and homeland security--FTEs	64.0		16,709,700
Hazardous materials programs--FTEs	25.0		23,596,000
Highway safety planning--FTEs	25.0		16,858,000
Intelligence operations--FTEs	229.0		33,536,600
Secondary road patrol program--FTE	1.0		14,999,200
Special operations--FTEs	75.0		18,174,100
GROSS APPROPRIATION		$	162,294,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation, state trunkline fund			11,275,100
IDG from department of treasury, public safety answer point training 911 fund			100,000
IDT - truck safety fund			2,047,300
Federal revenues:
DHS			31,740,100
DOT			27,663,000
Special revenue funds:
Local - school bus revenue			1,790,100
Private donations			15,000
Bottle bill enforcement fund			230,000
Criminal justice information center service fees			419,100

Hazardous materials training center fees		749,700
Marihuana regulation fund		253,400
Marihuana regulatory fund		388,800
Motor carrier fees		8,801,700
Nuclear plant emergency planning reimbursement		2,414,500
Reimbursed services		1,235,300
Rental of departmental aircraft		51,500
Secondary road patrol and training fund		14,999,200
State police dispatch operator 911 fund		681,900
Truck driver safety fund		3,974,600
State general fund/general purpose	$	53,464,200
Sec. 107. INFORMATION TECHNOLOGY
Information technology services and projects	$	28,940,300
GROSS APPROPRIATION	$	28,940,300
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
IDT - auto theft funds		4,300
IDT - truck safety fund		17,400
Federal revenues:
DHS		119,400
DOJ		580,400
DOT		260,600
Special revenue funds:

Local - AFIS fees		80,000
Local - LEIN fees		851,300
Local - school bus revenue		20,400
Auto theft prevention fund		6,200
Criminal justice information center service fees		9,279,300
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	$	14,949,400
Sec. 108. ONE-TIME APPROPRIATIONS
Contracts and services	$	100
Firearm safety and response		3,300,000
Gun violence prevention		1,200,000
Trooper school		4,790,300

GROSS APPROPRIATION	$	~~5,990,400~~ 9,290,400
Appropriated from:
State general fund/general purpose	$	~~5,990,400~~ 9,290,400

part 2

provisions concerning appropriations

for fiscal year 2023-2024

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 2023-2024 is $~~765,136,200.00~~768,436,200.00 and state spending from state sources to be paid to local units of government for fiscal year 2023-2024 is $40,441,500.00 43,741,500.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF STATE POLICE
Firearm safety and response		3,300,000
In-service training	$	14,586,000
Justice training grants		10,000,000
Secondary road patrol program		15,000,000
Training only to local units		855,500
TOTAL	$	~~21,329,700~~ 43,741,500

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) "Department" means the department of state police.

(d) "DNA" means deoxyribonucleic acid.

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

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

(g) "IDG" means interdepartmental grant.

(h) "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.

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

(j) "Subcommittees" means the subcommittees of the senate and house standing committees on appropriations with jurisdiction over the budget for the department.

Sec. 204. The department and agencies receiving appropriations in this part and part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement must include transmission of reports via email to the recipients identified for each reporting requirement and it must include placement of 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 funds appropriated in part 1:

(a) 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 or a departmental agency in the state classified civil service because the employee communicates with a member of the legislature or a member's staff, unless the communication is prohibited by law and the department or departmental agency taking disciplinary action is exercising its authority as provided by law.

Sec. 207. The department 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 office. The report shall include the following information:

(a) The dates of each travel occurrence.

(b) The total 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 this part and 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 December 31, 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 authorization. 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 authorization. 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. From the funds appropriated in part 1, the department shall provide to the DTMB information sufficient 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. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the 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 prior 2 fiscal years.

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. 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 certified businesses in depressed and deprived communities for services or supplies, or both.

Sec. 216. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the subcommittees, and the senate and house fiscal agencies the following information:

(a) The number of FTEs in pay status by type of staff and civil service classification.

(b) A comparison by line item of the number of FTEs authorized from funds appropriated in part 1 to the actual number of FTEs employed by the department at the end of the reporting period.

(2) By March 1 of the current fiscal year, the department shall report to the senate and house appropriations committees, the subcommittees, and the senate and house fiscal agencies the following information:

(a) Number of employees that were engaged in remote work in 2023.

(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting period.

(d) Reduced use of office space associated with remote work.

Sec. 217. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

Sec. 219. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed.

The department may electronically retain copies of reports unless otherwise required by federal or state guidelines.

Sec. 220. The department shall report not later than April 1 on each specific policy change made to implement a public act affecting the department that was enacted and took effect during the prior calendar year to the senate and house appropriations committees, the subcommittees, the joint committee on administrative rules, and the senate and house fiscal agencies.

Sec. 221. (1) From the funds appropriated in part 1, the department shall do all of the following:

(a) Report to the senate and house appropriations committees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office any amounts of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.

(c) By February 1, report to the subcommittees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2023 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2023.

(2) As used in this section, "severance pay" means

compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

Sec. 223. 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. 224. 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. 227. (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 shall include the amount and funding source of the additional authorization, the date of its approval, and the projected use of funds to be expended.

Sec. 228. 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. 229. 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. 230. (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.

(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. 231. (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 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 the funds to be expended.

Sec. 232. 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. 235. In collaboration with the Michigan department of health and human services and the Michigan department of education, the department 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.

Sec. 236. It is the intent of the legislature that the department maximize the efficiency of the state workforce and,

where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

DEPARTMENTAL ADMINISTRATION AND SUPPORT

Sec. 301. (1) From the funds appropriated in part 1 for 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, 2024, the department shall submit a report to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office 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, people with disabilities, people with unmet mental health needs, people under the influence of substances, and pregnant people.

(e) Mental health and wellness for police.

(2) The training provided under subsection (1) may be offered online in order to be easily accessible, and can be given by department staff, a contractor, or an outside vendor.

(3) On a quarterly basis, the department shall report to the subcommittees, the senate and house fiscal agencies, and the state budget office the number of officers by police department that received training under this section.

LAW ENFORCEMENT

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 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. 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 $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) By March 1, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget office 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 shall 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) In accordance with applicable state and federal laws, the department shall provide for the maintenance of records, including criminal history records regarding firearms licensure, as provided in 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 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 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 house and manage the automated biometric 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, as provided in section 224.

(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 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 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 end 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.

(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 the following:

(a) 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).

(b) Reports of OK2SAY-based incidences and activities.

(c) Based upon an evaluation of school safety incidents and analysis of school safety grants, 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.

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

(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 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 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.

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. 606. (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. 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, must be reported to the subcommittees no later than April 15 of each year.

(2) From the funds appropriated in part 1 that represent attrition savings, the department may use these funds to cover the costs of the 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 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, 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; 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, shall be expended in accordance with that act. Unexpended and unencumbered revenues shall not lapse to the general fund but shall be carried forward into the subsequent fiscal year.

Sec. 704. (1) The department shall coordinate the mitigation, preparation, response, and recovery activities of municipal, county, state, and federal governments, and other governmental entities, for all hazards, disasters, and emergencies.

(2) The state director of emergency management may expend money appropriated under part 1 to call upon any agency or department of the state or any resource of the state to protect life or property or to provide for the health or safety of the population in any area of 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 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 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 the 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 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.

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 April 30, the office of highway safety planning shall work with the state court administrative office, as necessary, 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. The one-time appropriation in part 1 for contracts and services must be allocated for providing traffic control support for the Michigan International Speedway.

Sec. 803. (1) From the funds appropriated in part 1 for firearm safety and response, $2,000,000.00 must be allocated to local law enforcement agencies to support the cost of firearm storage or safety equipment, including, but not limited to, lock boxes, safes or storage lockers, or cable or trigger locks. The department must establish guidelines to implement a grant program under this section. As applicable, grants to local law enforcement agencies may be used to support distribution of firearm safety equipment to the public at no cost.

(2) From the funds appropriated in part 1 for firearm safety and response, $1,300,000.00 must be allocated to MCOLES for the purpose of training law enforcement officers in the response to active shooter situations.

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Bill Text: MI SB0198 | 2023-2024 | 102nd Legislature | Engrossed

Michigan Senate Bill 198

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