Bill Text: MI HB4606 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: State management: funds; public safety and violence prevention fund; create. Amends sec. 2 of 2000 PA 489 (MCL 12.252) & adds secs. 11a & 11b. TIE BAR WITH: HB 4605'23
Spectrum: Partisan Bill (Democrat 40-0)
Status: (Engrossed) 2023-11-09 - Referred To Committee On Finance, Insurance, And Consumer Protection [HB4606 Detail]
Download: Michigan-2023-HB4606-Engrossed.html
Substitute For
HOUSE BILL NO. 4606
A bill to amend 2000 PA 489, entitled
"Michigan trust fund act,"
by amending the title and section 2 (MCL 12.252), the title as amended by 2005 PA 232 and section 2 as amended by 2023 PA 174, and by adding sections 11a and 11b.
the people of the state of michigan enact:
An act to create certain funds; to provide for the allocation of certain revenues among certain funds and for the operation, investment, and expenditure of certain funds; to provide for the creation and administration of certain grant programs; and to impose certain provide for the powers and duties and requirements on of certain state officials.and local governmental officers and entities.
(a) "Community district education trust fund" means the community district education trust fund created in section 12.
(b) "Flint settlement trust fund" means the Flint settlement trust fund created in section 11.
(c) "Local government reimbursement fund" means the local government reimbursement fund created in section 3a.
(d) "Medicaid benefits trust fund" means the Michigan Medicaid benefits trust fund established in section 5.
(e) "Medicaid program" means a program for medical assistance established under title XIX of the social security act, 42 USC 1396 to 1396w-6.1396w-7.
(f) "Medicaid special financing payments" means the Medicaid special adjustor payments each year authorized in the department of health and human services appropriations act.
(g) "Michigan merit award trust fund" means the Michigan merit award trust fund established in section 9.
(h) "Michigan opioid healing and recovery fund" means the Michigan opioid healing and recovery fund created in section 3.
(i) "Public safety and violence prevention fund" means the public safety and violence prevention fund established in section 11a.
(j) (i) "Strategic outreach and attraction reserve fund" means the strategic outreach and attraction reserve fund created in section 4.
(k) (j) "Tobacco settlement revenue" means money received by this state that is attributable to the master settlement agreement incorporated into a consent decree and final judgment entered into on December 7, 1998 in Kelly Ex Rel. Michigan v Philip Morris Incorporated, et al., Ingham County Circuit Court, docket no. 96-84281CZ, including any rights to receive money attributable to the master settlement agreement that has been sold by this state.
(l) (k) "21st century jobs trust fund" means the 21st century jobs trust fund established in section 7.
Sec. 11a. (1) The public safety and violence prevention fund is established in the department of treasury. The public safety and violence prevention fund consists of 1 or more of the following:
(a) Money deposited in the public safety and violence prevention fund as required by section 25 of the general sales tax act, 1933 PA 167, MCL 205.75.
(b) Donations of money made to the public safety and violence prevention fund from any source.
(c) Interests and earnings from public safety and violence prevention fund investments.
(2) The state treasurer shall direct the investment of the public safety and violence prevention fund.
(3) Money in the public safety and violence prevention fund at the close of the fiscal year remains in the public safety and violence prevention fund and does not lapse to the general fund.
Sec. 11b. (1) By September 30, 2024 and March 31, 2025, and on September 30 and March 31 each year thereafter, subject to appropriation, the state treasurer shall distribute 8.5% of the revenues deposited in the public safety and violence prevention fund in the previous 2 quarters of the state fiscal year as follows:
(a) Six point five percent of the revenues must be distributed to the department of health and human services to create and administer a grant program to provide grants to cities, villages, townships, and counties for the purpose of advancing public health and intervention solutions to community violence.
(b) Two percent of the revenues must be distributed to the crime victim's rights fund created under section 4 of 1989 PA 196, MCL 780.904.
(2) From the revenue remaining in the public safety and violence prevention fund after the distribution under subsection (1), and subject to appropriation, the state treasurer shall do both of the following:
(a) By September 30, 2024, and on September 30 each year thereafter, distribute the revenues deposited in the public safety and violence prevention fund in the preceding January through June in accordance with subsection (3).
(b) By March 31, 2025, and on each March 31 thereafter, distribute the revenues deposited in the public safety and violence prevention fund in the preceding July through December in accordance with subsection (3).
(3) Except as otherwise provided in subdivision (b), a distribution under subsection (2) must be made as follows:
(a) To each city or village that provides or contracts to provide police services, to each township that provides or contracts to provide police services, and to a county on behalf of each township in that county that does not provide or contract to provide police services, in an amount that is at least proportional to the city's, village's, or township's average share of the reported statewide violent crimes, as determined by the 3 most recent annual crime reports published by the department of state police as of the first day of the state fiscal year of the distribution, except as follows:
(i) For a distribution under this subdivision made between October 1, 2026 and September 30, 2028, if a city's, village's, or township's rate of violent crime, as determined by the most recent annual crime report published by the department of state police as of the first day of the state fiscal year of the distribution, did not decrease by at least 5% from the base crime level, the state treasurer must reduce the city's, village's, or township's distribution amount, or the amount distributed to a county on behalf of a township, by 5% and proportionally reallocate the reduced amount to the cities, villages, townships, and counties whose distributions are not reduced under this subparagraph.
(ii) For a distribution made under this subdivision after September 30, 2028, if a city's, village's, or township's rate of violent crime, as determined by the most recent annual crime report published by the department of state police as of the first day of the state fiscal year of the distribution, did not decrease by at least 5% from the base crime level, the state treasurer shall reduce the city's, village's, or township's distribution amount, or the amount distributed to a county on behalf of a township, by 10% and proportionally reallocate the reduced amount to the cities, villages, townships, and counties whose distributions are not reduced under this subparagraph.
(b) A city, village, or township, or a county on behalf of a township, is not entitled to receive more than 25% of the total distribution under this subsection.
(4) Both of the following apply to a city, village, township, or county that receives a grant under subsection (1)(a):
(a) The city, village, township, or county may not use the grant to obtain a vehicle weighing more than 15,000 pounds that is designed or used for a tactical police purpose.
(b) The city, village, township, or county may subgrant all or part of the grant if the subgrant is used for the purpose described in subsection (1)(a).
(5) All of the following apply to a distribution under subsection (3):
(a) Except as otherwise provided in subdivision (b), a city police department, village police department, township police department, or county sheriff that receives a distribution, and a sheriff's department of a county that is contracted by the city, village, or township to provide police services, shall use the distribution only for operational and capital expenditures that serve the purposes of public safety and violence prevention.
(b) A city, village, township, or county that receives a distribution may not use the distribution to do any of the following:
(i) Replace or supplant its existing reoccurring resources for public safety and violence prevention, unless there is a decline in the estimated total general fund revenue of the city, village, township, or county from the previous fiscal year and there is a reduction in the existing reoccurring resources of the city, village, township, or county that is proportional to the estimated decline in the general fund revenue.
(ii) Obtain a vehicle weighing more than 15,000 pounds that is designed or used for a tactical police purpose.
(iii) Obtain or use facial recognition technology.
(iv) Obtain or use a chemical weapon.
(c) A city, village, township, or county may subgrant all or part of the distribution if the subgrant is used for the purpose described in subdivision (a).
(6) Money in the public safety and violence prevention fund must not be transferred, expended, withdrawn, or otherwise distributed except as otherwise provided in this section.
(7) For each state fiscal year that begins after September 30, 2024, the governor and the state budget director shall include in the annual budget for that fiscal year submitted to the legislature under section 18 of article V of the state constitution of 1963 an appropriation directing the state treasurer to distribute funds from the public safety and violence prevention fund as provided in this section.
(8) As used in this section:
(a) "Base crime level" means the average of a city's, village's, or township's 2 highest annual rates of violent crime, as determined by the annual crime reports published by the department of state police in the 3 calendar years immediately preceding the calendar year in which the amendatory act that added this section takes effect.
(b) "Chemical weapon" means a munition or device that is specifically designed to cause death or other harm through a toxic chemical that would be released as a result of the employment of the munition or device.
(c) "Existing reoccurring resources" does not include either of the following:
(i) Funds that were provided by a voter-approved millage or special assessment that has since expired or has otherwise not been renewed.
(ii) A distribution described in subsection (3).
(d) "Facial recognition technology" means an automated or semiautomated technological process that assists in identifying or verifying an individual based on the individual's face.
Enacting section 1. This amendatory act does not take effect unless House Bill No. 4605 of the 102nd Legislature is enacted into law.
