Bill Text: MI HB4373 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Appropriations: other; executive recommendation; provide for omnibus bill. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2021-03-02 - Bill Electronically Reproduced 02/25/2021 [HB4373 Detail]
Download: Michigan-2021-HB4373-Introduced.html
HOUSE BILL NO. 4373
February 25, 2021, Introduced by Reps. Tate,
Hood, Pohutsky, Manoogian, O'Neal, Aiyash, Stone, Sowerby and Cavanagh and
referred to the Committee on Appropriations.
the
people of the state of michigan enact:
For
Fiscal For Fiscal
Year
Ending Year Ending
Sept.
30, 2022 Sept. 30, 2023
APPROPRIATION
SUMMARY
GROSS APPROPRIATION...................................... $ 67,111,178,000 $ 66,182,257,300
Total interdepartmental grants and
interdepartmental
transfers.............................................. 1,226,291,100 1,226,291,100
ADJUSTED GROSS APPROPRIATION............................ $ 65,884,886,900 $ 64,955,966,200
Total federal revenues................................... 28,358,288,800 28,155,654,100
Total local revenues..................................... 297,691,800 297,691,800
Total private revenues................................... 214,741,800 214,741,800
Total other state restricted revenues................... 25,610,534,800 25,148,973,000
State general fund/general purpose...................... $ 11,403,629,700 $ 11,138,905,500
Article 1
DEPARTMENT
OF AGRICULTURE AND RURAL DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS AND
ANTICIPATED APPROPRIATIONS
Sec.
1-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of agriculture and rural development are
appropriated for the fiscal year ending September 30, 2022, and are anticipated
to be appropriated for the fiscal year ending September 30, 2023, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 520.0 520.0
GROSS APPROPRIATION...................................... $ 116,252,300 $ 116,252,300
Total interdepartmental grants and
interdepartmental
transfers.............................................. 320,000 320,000
ADJUSTED GROSS APPROPRIATION............................ $ 115,932,300 $ 115,932,300
Total federal revenues................................... 13,599,800 13,599,800
Total local revenues..................................... 0 0
Total private revenues................................... 71,300 71,300
Total other state restricted revenues................... 44,377,300 44,377,300
State general fund/general purpose...................... $ 57,883,900 $ 57,883,900
State general fund/general purpose
schedule:
Ongoing
state general fund/general purpose........... 57,883,900 57,883,900
One-time state general fund/general purpose.......... 0 0
Sec. 1-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 27.0 27.0
Unclassified salaries-6.0 FTE positions................. $ 617,900 $ 617,900
Accounting service center................................ 1,029,200 1,029,200
Commissions and boards................................... 23,800 23,800
Emergency management-4.0 FTE positions.................. 1,320,700 1,320,700
Executive direction-23.0 FTE positions.................. 3,222,200 3,222,200
Property management...................................... 735,700 735,700
GROSS APPROPRIATION...................................... $ 6,949,500 $ 6,949,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 447,400 447,400
Special revenue funds:
Other state restricted revenues......................... 353,800 353,800
State general fund/general purpose...................... $ 6,148,300 $ 6,148,300
Sec. 1-103. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 2,312,800 $ 2,312,800
GROSS APPROPRIATION...................................... $ 2,312,800 $ 2,312,800
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 243,600 243,600
State general fund/general purpose...................... $ 2,069,200 $ 2,069,200
Sec. 1-104. FOOD AND DAIRY
Full-time equated classified positions................ 139.0 139.0
Food safety and quality assurance-103.0 FTE
positions... $ 18,203,300 $ 18,203,300
Milk safety and quality assurance-36.0 FTE
positions.... 5,752,100 5,752,100
GROSS APPROPRIATION...................................... $ 23,955,400 $ 23,955,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,878,700 2,878,700
Special revenue funds:
Other state restricted revenues......................... 6,518,200 6,518,200
State general fund/general purpose...................... $ 14,558,500 $ 14,558,500
Sec. 1-105. ANIMAL INDUSTRY
Full-time equated classified positions................ 62.0 62.0
Animal disease prevention and response-62.0
FTE
positions.............................................. $ 9,623,100 $ 9,623,100
Indemnification - livestock depredation................. 15,000 15,000
Michigan animal agriculture alliance.................... 1,747,000 1,747,000
GROSS APPROPRIATION...................................... $ 11,385,100 $ 11,385,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 582,500 582,500
Special revenue funds:
Other state restricted revenues......................... 221,800 221,800
State general fund/general purpose...................... $ 10,580,800 $ 10,580,800
Sec. 1-106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions................ 95.0 95.0
Animal feed safety-10.0 FTE positions................... $ 2,089,200 $ 2,089,200
Pesticide and plant pest management-85.0 FTE
positions.. 14,172,100 14,172,100
GROSS APPROPRIATION...................................... $ 16,261,300 $ 16,261,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,671,000 1,671,000
Special revenue funds:
Private revenues......................................... 21,300 21,300
Other state restricted revenues......................... 9,020,600 9,020,600
State general fund/general purpose...................... $ 5,548,400 $ 5,548,400
Sec. 1-107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions................ 65.5 65.5
Agriculture preservation easement grants fund........... $ 1,900,000 $ 1,900,000
Environmental stewardship - MAEAP-25.0 FTE
positions.... 11,682,200 11,682,200
Farmland and open space preservation-10.0 FTE
positions.............................................. 1,575,000 1,575,000
Intercounty drain-6.0 FTE positions..................... 842,000 842,000
Migrant labor housing-9.0 FTE positions................. 1,324,000 1,324,000
Qualified forest program-9.0 FTE positions.............. 2,651,700 2,651,700
Right-to-farm-6.5 FTE positions......................... 999,100 999,100
GROSS APPROPRIATION...................................... $ 20,974,000 $ 20,974,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of environment, great
lakes, and
energy................................................. 93,100 93,100
Federal revenues:
Other federal revenues................................... 1,980,700 1,980,700
Special revenue funds:
Other state restricted revenues......................... 12,992,100 12,992,100
State general fund/general purpose...................... $ 5,908,100 $ 5,908,100
Sec. 1-108. LABORATORY SERVICES
Full-time equated classified positions................ 108.5 108.5
Central licensing and customer service call
center-
12.5 FTE positions..................................... $ 1,439,500 $ 1,439,500
Consumer protection program-42.0 FTE positions.......... 6,934,600 6,934,600
Laboratory services-43.0 FTE positions.................. 8,220,900 8,220,900
USDA monitoring-11.0 FTE positions...................... 1,677,500 1,677,500
GROSS APPROPRIATION...................................... $ 18,272,500 $ 18,272,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and
regulatory
affairs................................................ 226,900 226,900
Federal revenues:
Other federal revenues................................... 3,409,200 3,409,200
Special revenue funds:
Other state restricted revenues......................... 7,362,200 7,362,200
State general fund/general purpose...................... $ 7,274,200 $ 7,274,200
Sec. 1-109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions................ 23.0 23.0
Agriculture development-13.0 FTE positions.............. $ 4,760,900 $ 4,760,900
Fair food network - double up food bucks................ 900,000 900,000
Food and agriculture investment program................. 2,470,600 2,470,600
Michigan craft beverage council-3.0 FTE
positions....... 920,900 920,900
Office of rural development-1.0 FTE position............ 175,000 175,000
Producer security/grain dealers-5.0 FTE
positions....... 740,300 740,300
Rural development fund grant program-1.0 FTE
position... 2,004,800 2,004,800
GROSS APPROPRIATION...................................... $ 11,972,500 $ 11,972,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,630,300 2,630,300
Special revenue funds:
Private revenues......................................... 50,000 50,000
Other state restricted revenues......................... 3,995,800 3,995,800
State general fund/general purpose...................... $ 5,296,400 $ 5,296,400
Sec. 1-110. FAIRS AND EXPOSITIONS
County fairs, shows, and expositions.................... $ 500,000 $ 500,000
Fairs and racing......................................... 258,600 258,600
Licensed tracks - light horse racing.................... 40,300 40,300
Light horse racing - breeders' awards................... 20,000 20,000
Purses and supplements - fairs/licensed tracks.......... 708,300 708,300
Standardbred breeders' awards........................... 345,900 345,900
Standardbred purses and supplements - licensed
tracks... 671,800 671,800
Standardbred sire stakes................................. 275,000 275,000
Thoroughbred breeders' awards........................... 368,600 368,600
Thoroughbred sire stakes................................. 378,800 378,800
Thoroughbred supplements - licensed tracks.............. 601,900 601,900
GROSS APPROPRIATION...................................... $ 4,169,200 $ 4,169,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 3,669,200 3,669,200
State general fund/general purpose...................... $ 500,000 $ 500,000
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
1-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $102,261,200.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $8,800,000.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Agriculture preservation easement grants fund.......................... $ 1,900,000
Environmental stewardship - MAEAP...................................... 4,100,000 Qualified forest program................................................. 1,400,000
Rural development fund grant program................................... 1,400,000
TOTAL.................................................................... $ 8,800,000
Sec.
1-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
1-203. As used in this article:
(a)
"Department" means the department of agriculture and rural
development.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
(e)
"MAEAP" means the Michigan agriculture environmental assurance
program.
(f)
"TB" means tuberculosis.
(g)
"USDA" means the United States Department of Agriculture.
Sec.
1-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
1-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
1-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
1-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations
in part 1 shall prepare a report on out-of-state travel expenses not later than
January 1 of each year. The travel report shall be a listing of all travel by
classified and unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with funds
appropriated in the department's budget. The report shall be submitted to the
senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
1-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
1-209. 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 and the senate and house fiscal agencies.
Sec.
1-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $6,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
1-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
1-212. 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 senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2021 and September 30, 2022.
Sec.
1-213. 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.
1-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2022 is $11,812,300.00. From
this amount, total agency appropriations for pension-related legacy costs are
estimated at $6,617,900.00. Total agency appropriations for retiree health care
legacy costs are estimated at $5,194,400.00.
DEPARTMENTAL ADMINISTRATION AND
SUPPORT
Sec.
1-301. (1) The department may establish a fee schedule and collect fees for the
following work activities and services:
(a)
Pesticide and plant pest management propagation and certification of virus-free
foundation stock.
(b)
Fruit and vegetable inspection and grading services at shipping and termination
points and processing plants.
(c)
Laboratory support analyses of food, livestock, and agricultural products for
disease, foreign products for disease, toxic materials, foreign substances, and
quality standards.
(d)
Laboratory support test samples for other state and local agencies and public
or private organizations.
(2)
The department may receive and expend revenue from the fees authorized under
subsection (1), subject to appropriation, for the purpose of recovering
expenses associated with the work activities and services described in
subsection (1). Fee revenue collected by the department under subsection (1)
shall not lapse to the state general fund at the end of the fiscal year but
shall carry forward for appropriation by the legislature in the subsequent
fiscal year.
(3)
The department shall notify the subcommittees, the fiscal agencies, and the
state budget office 30 days prior to proposing changes in fees authorized under
this section or under section 5 of 1915 PA 91, MCL 285.35.
(4)
On or before February 1 of each year, the department shall provide a report to
the subcommittees, the fiscal agencies, and the state budget office detailing
all the fees charged by the department under the authorization provided in this
section, including, but not limited to, rates, number of individuals paying
each fee, and the revenue generated by each fee in the previous fiscal year.
Sec.
1-302. (1) The department may contract with or provide grants to local units of
government, institutions of higher education, or nonprofit organizations to support
activities authorized by appropriations in part 1. As used in this section,
contracts and grants include, but are not limited to, contracts for delivery of
groundwater/freshwater programs, MAEAP technical assistance, forest management,
invasive species monitoring, wildlife risk mitigation, grants promoting proper
pesticide disposal, and research grants for the purpose of enhancing the
agricultural industries in this state.
(2)
The department shall provide notice of contracts or grants authorized under
this section to the subcommittees, the fiscal agencies, and the state budget
office not later than 7 days before the department notifies contract or grant
recipients.
FOOD AND DAIRY
Sec.
1-401. (1) The department shall report on the previous fiscal year's activities
of the food and dairy division. The report shall include information on
activities and outcomes of the dairy safety and inspection program, the food
safety inspection program, the foodborne illness and emergency response
program, and the food service program.
(2)
The report shall include information on significant foodborne outbreaks and
emergencies, including any significant enforcement actions taken related to
food safety during the prior calendar year.
(3)
The report shall be transmitted to the subcommittees, the fiscal agencies, and
the state budget office and posted to the department's website on or before
April 1 of each year.
ANIMAL INDUSTRY
Sec.
1-451. From the funds appropriated in part 1 for bovine tuberculosis, the
department shall pay for all required regulatory whole herd testing costs and
individual animal testing costs to maintain split-state status requirements.
These costs include indemnity and compensation for injury causing death or
downer to animals.
Sec.
1-452. (1) The department shall report on the previous calendar year's
activities of the animal industry division. The report shall be transmitted to
the subcommittees, the fiscal agencies, and the state budget office and posted
to the department's website on or before April 1 of each year.
(2)
The department shall include in the report all indemnification payments for
livestock depredation made in the previous calendar year and shall include all
of the following:
(a)
The reason for the indemnification.
(b)
The amount of the indemnification.
(c)
The person for whom the indemnification was paid.
Sec.
1-454. The department shall use its resources to collaborate with the USDA to
monitor bovine TB, consistent with the current required memorandum of
understanding between the department and the USDA.
Sec.
1-457. (1) On or before October 15, of each year, the department shall provide
to the subcommittees, the fiscal agencies, and the state budget office a report
on bovine TB status and department activities.
(2)
For each fiscal quarter following the report required in subsection (1), the
department shall provide an update to the subcommittees, the fiscal agencies,
and the state budget office. The quarterly update reports shall identify
significant impacts to the program, including new incidence of bovine TB in
this state, department activity associated with specific new incidence of
bovine TB, any changes in USDA requirements or movement orders, and information
and data on wildlife risk mitigation plan implementation in the modified
accredited zone; implementation of a movement certificate process; progress
toward annual surveillance test requirements; efforts to work with slaughter
facilities in this state, as well as those that slaughter a significant number
of animals from this state; and educational programs and information for this
state's livestock community.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec.
1-501. The department shall report on the previous calendar year's activities
of the pesticide and plant pest management division. The report shall be
transmitted to the subcommittees, the fiscal agencies, and the state budget
office and posted to the department's website on or before April 1 of each
year.
ENVIRONMENTAL STEWARDSHIP
Sec.
1-601. The funds appropriated in part 1 for environmental stewardship/MAEAP
shall be used to support department agriculture pollution prevention programs,
including groundwater and freshwater protection programs under part 87 of the
Michigan natural resources and environmental protection act, 1994 PA 451, MCL
324.8701 to 324.8717, and technical assistance in implementing conservation
grants available under the federal farm bill of 2018.
Sec.
1-602. The department shall report on the previous calendar year's activities
of the environmental stewardship division. The report shall be transmitted to
the subcommittees, the fiscal agencies, and the state budget office and posted
to the department's website on or before April 1 of each year.
Sec.
1-604. The department may receive and expend federal revenues in excess of the
federal revenue appropriated in section 107 of part 1 for environmental
stewardship and MAEAP activities. The department shall notify the
subcommittees, the fiscal agencies, and the state budget office prior to
expending federal revenues authorized under this section.
Sec.
1-608. (1) The appropriations in part 1 for the qualified forest affidavit
program are for the purpose of increasing the knowledge of nonindustrial
private forestland owners of sound forest management practices and increasing
the amount of commercial timber production from those lands.
(2)
The department shall work in partnership with stakeholder groups and other
state and federal agencies to increase the active management of nonindustrial
private forestland to foster the growth of Michigan's timber product industry.
LABORATORY SERVICES
Sec.
1-651. The department shall report on the previous calendar year's activities
of the laboratory division. The report shall be transmitted to the
subcommittees, the fiscal agencies, and the state budget office and posted to
the department's website on or before April 1 of each year.
AGRICULTURE DEVELOPMENT
Sec.
1-701. (1) From the funds appropriated in part 1 for the food and agriculture
investment program, the department shall establish and administer a food and
agriculture investment program.
(2)
The food and agriculture investment program shall expand the Michigan food and
agriculture sector, grow Michigan exports, promote the development of
value-added agricultural production, food hubs, food incubators, and
community-based processing facilities, and the expansion of farm markets and
urban agriculture, including promotion of hoop houses, and increase food
processing activities within the state by accelerating projects and
infrastructure development that support growth in the food and agriculture
processing industry.
(3)
In addition to the funds appropriated in part 1, the department may receive and
expend funds received from outside sources for the food and agriculture
investment program.
(4)
Before the allocation of funding, all projects shall receive approval from the
Michigan commission of agriculture and rural development, except for projects
selected through a competitive process by a joint evaluation committee selected
by the director and consisting of representatives that have agriculture,
business, and economic development expertise. Projects funded through the food
and agriculture investment program will be required to have a grant agreement
that outlines milestones and activities that must be met in order to receive a
disbursement of funds. Projects must also identify measurable project outcomes.
(5)
The department shall include in the agriculture development annual report a
report on the food and agriculture investment program for the previous fiscal
year that includes a listing of the grantees, award amounts, match funding,
project locations, and project outcomes.
(6)
The food and agriculture investment program shall be administered by the
department and provide support for food and agriculture projects that will
enable growth in the industry and this state's economy.
(7)
The unexpended funds appropriated in part 1 for the food and agriculture
investment program are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year
and shall be available for expenditures for projects under this section until
the projects have been completed. The following is in compliance with section
451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the project is to promote and expand the Michigan food and
agriculture sector, grow Michigan exports, and increase food processing
activities within the state.
(b)
The project will be funded in accordance with this section and the project
guidelines approved by the Michigan agriculture commission prior to an award.
(c)
The estimated cost of this project is identified in the appropriation line
item.
(d)
The tentative completion date for the work project is September 30, 2024.
(8)
The department may expend money from the funds appropriated in part 1 for the
food and agriculture investment program, including all of the following
activities:
(a)
Grants.
(b)
Loans or loan guarantees.
(c)
Infrastructure development.
(d)
Other economic assistance.
(e)
Program administration.
(f)
Export assistance.
(9)
The department shall expend no more than 10% from the funds appropriated in
part 1 for the food and agriculture investment program for administrative
purposes.
Sec.
1-702. The department shall work with the rural development fund board to
establish a process and criteria for funding projects as well as establishing
metrics and measurable outcomes for the program. Funds appropriated from the
rural development fund shall be used in accordance with the provisions of the
rural development fund act, 2012 PA 411, MCL 286.941 to 286.947.
Sec.
1-703. (1) The department shall work with the department of health and human
service to do all of the following:
(a)
Notify recipients of food assistance program benefits that food assistance
program benefits can be accessed at many farmer's markets in this state with
bridge cards.
(b)
Notify recipients of food assistance program benefits about the double up food
bucks program that is administered by the fair food network. Food assistance
program recipients shall receive information about the double up food bucks
program, including information that explains that when program recipients spend
up to $20.00 at participating farmer's markets and grocery stores, the
recipient can receive an additional $20.00 to buy Michigan produce.
(2)
The department shall work with the fair food network to expand access to the
double up food bucks program in each of the state's counties with grocery
stores or farmer's markets that meet the program's eligibility requirements.
(3)
On or before June 1, 2022, the department shall submit a report on activities
and outcomes of the double up food bucks program to the house and senate
appropriations subcommittees on agriculture and rural development and the
fiscal agencies. The report shall contain all of the following:
(a)
Counties in this state with participating double up food bucks vendors, the
number of vendors by county, and the name and location of vendors, as of May 1,
2021.
(b)
Counties in this state with participating double up food bucks vendors, the
number of vendors by county, and the name and location of vendors, as of May 1,
2022. The report shall highlight counties and vendors added to the program
since May 1, 2021.
(c)
Number of individuals participating in the program by county.
(d)
A breakdown of program participation by county and by day of week.
(4)
The report required under subsection (3) shall also include a discussion of
program evaluation criteria, as well as recommendation of a reporting metric
for tracking health outcomes of program participants.
Sec.
1-706. (1) The department shall report on the previous calendar year's
activities of the agriculture development division. The report shall be
transmitted to the subcommittees, the fiscal agencies, and the state budget
office and posted to the department's website on or before April 1 of each
year.
(2)
The report shall include the following information on any grants awarded during
the prior fiscal year:
(a)
The name of the grantee.
(b)
The amount of the grant.
(c)
The purpose of the grant, including measurable outcomes.
(d)
Additional state, federal, private, or local funds contributed to the grant
project.
(e)
The completion date of grant-funded activities.
(3)
The report shall include the following information on the Michigan craft
beverage council established under section 303 of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1303:
(a)
Council activities and accomplishments for the previous fiscal year.
(b)
Council expenditures for the previous fiscal year by category of
administration, industry support, research and education grants, and promotion
and consumer education.
(c)
Grants awarded during the previous fiscal year and the results of research
grant projects completed during the previous fiscal year.
FAIRS AND EXPOSITIONS
Sec.
1-801. All appropriations from the agriculture equine industry development fund
shall be spent on equine-related purposes. No funds from the agriculture equine
industry development fund shall be expended for nonequine-related purposes
without prior approval of the legislature.
Sec.
1-802. From the funds appropriated in part 1 from agriculture equine industry
development funds, available revenue shall be allocated in the following
priority order:
(a)
To support all administrative, contractual, and regulatory costs incurred by
the department and the Michigan gaming control board.
(b)
Up to $495,000.00 shall be allocated to the purses and supplements -
fairs/licensed tracks line item.
(c)
Any remaining funds collected through September 30, 2022, after the obligations
in subdivisions (a) and (b) have been met, shall be prorated equally among the
supplements, breeders' awards, and sire stakes awards to eligible race meeting
licensees in accordance with section 20 of the horse racing law of 1995, 1995
PA 279, MCL 431.320.
Sec.
1-805. (1) The department shall establish and administer a county fairs, shows,
and expositions grant program. The program shall have the following objectives:
(a)
Assist in the promotion of building improvements or other capital improvements
at county fairgrounds of the state.
(b)
Provide financial support, promotion, prizes, and premiums of equine,
livestock, and other agricultural commodity expositions in the state.
(2)
The department shall award grants on a competitive basis to county fairs or
other organizations from the funds appropriated in part 1 for county fairs,
shows, and expositions grants. Grantees will be required to provide a 50% cash
match with grant awards and identify measurable project outcomes. A county fair
organization that received a county fair capital improvement grant in the prior
fiscal year shall not receive a grant from the appropriation in part 1.
(3)
From the amount appropriated in part 1 for county fairs, shows, and
expositions, up to $25,000.00 shall be expended for the purpose of financial
support, promotion, prizes, and premiums of equine, livestock, and other
agricultural commodity expositions in this state, and festivals.
(4)
All fairs receiving grants under this section shall provide a report to the
department on the financial impact resulting from the capital improvement
project on both fair and nonfair events. These reports are due for 3 years
immediately following the completion of the capital improvement project.
(5)
The department shall identify criteria, evaluate applications, and provide
recommendations to the director for final approval of grant awards.
(6)
The department may expend money from the funds appropriated in part 1 for the
county fairs, shows, and expositions grants for administering the program.
(7)
The unexpended portion of the county fairs, shows, and expositions grants is
considered a work project appropriation in accordance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.145a. The following apply to the
project:
(a)
The purpose of the project is to support building improvements or other capital
improvements at county fairgrounds of the state.
(b)
All grants will be distributed in accordance with this section and the grant
guidelines published prior to the request for proposals.
(c)
The estimated cost of the project is identified in the appropriation line item.
(d)
The tentative completion date for the work project is September 30, 2023.
(8)
The department shall provide a year-end report on the county fairs, shows, and
expositions grants no later than December 1, 2022 to the subcommittees, the
fiscal agencies, and the state budget director that includes a listing of the
grantees, award amounts, match funding, and project outcomes.
Article 2
DEPARTMENT OF ATTORNEY GENERAL
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
2-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of attorney general are appropriated for the
fiscal year ending September 30, 2022, and are anticipated to be appropriated
for the fiscal year ending September 30, 2023, from the funds indicated in this
part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF ATTORNEY GENERAL
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 541.4 541.4
GROSS APPROPRIATION...................................... $ 107,338,800 $ 106,838,800
Total interdepartmental grants and
interdepartmental
transfers.............................................. 35,083,600 35,083,600
ADJUSTED GROSS APPROPRIATION............................ $ 72,255,200 $ 71,755,200
Total federal revenues................................... 9,868,400 9,868,400
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues................... 20,390,800 20,390,800
State general fund/general purpose...................... $ 41,996,000 $ 41,496,000
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 41,496,000 41,496,000
One-time state general fund/general purpose.......... 500,000 0
Sec. 2-102. ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 541.4 541.4
Attorney general-1.0 FTE position....................... $ 112,500 $ 112,500
Unclassified salaries-5.0 FTE positions................. 853,400 853,400
Operations-498.4 FTE positions.......................... 96,025,900 96,025,900
Child support enforcement-25.0 FTE positions............ 3,660,600 3,660,600
Prosecuting attorneys coordinating
council-12.0 FTE
positions.............................................. 2,217,600 2,217,600
Public safety initiative-1.0 FTE position............... 888,600 888,600
Sexual assault law enforcement-5.0 FTE
positions........ 1,457,500 1,457,500
GROSS APPROPRIATION...................................... $ 105,216,100 $ 105,216,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 695,400 695,400
IDG from department of education........................ 786,000 786,000
IDG from department of environment, great
lakes, and
energy................................................. 2,123,600 2,123,600
IDG from department of health and human
services........ 7,887,700 7,887,700
IDG from department of insurance and financial
services............................................... 1,212,000 1,212,000
IDG from department of labor and economic
opportunity... 1,707,400 1,707,400
IDG from department of licensing and
regulatory
affairs................................................ 7,508,300 7,508,300
IDG from department of military and veterans
affairs.... 175,200 175,200
IDG from department of state............................ 45,000 45,000
IDG from department of state police..................... 275,600 275,600
IDG from department of technology, management
and
budget................................................. 2,945,000 2,945,000
IDG from department of transportation................... 2,419,000 2,419,000
IDG from department of treasury......................... 7,303,400 7,303,400
Federal revenues:
Other federal revenues................................... 9,868,400 9,868,400
Special revenue funds:
Michigan merit award trust fund......................... 524,000 524,000
Other state restricted revenues......................... 19,866,800 19,866,800
State general fund/general purpose...................... $ 39,873,300 $ 39,873,300
Sec. 2-103. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 1,622,700 $ 1,622,700
GROSS APPROPRIATION...................................... $ 1,622,700 $ 1,622,700
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 1,622,700 $ 1,622,700
Sec. 2-104. ONE-TIME APPROPRIATIONS
Information technology services and projects............ $ 500,000 $ 0
GROSS APPROPRIATION...................................... $ 500,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 500,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
2-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $62,386,800.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $0.00.
Sec.
2-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
2-203. As used in this article:
(a)
"Department" means the department of attorney general.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
(e)
"DNA" means deoxyribonucleic acid.
(f)
"PFAS" means Polyfluoroalkyl Substances.
Sec.
2-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
2-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of comparable
quality.
(c)
In addition, preference should 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.
2-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
2-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal
revenues, and the proportion funded with other revenues.
Sec.
2-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
2-209. 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 and the senate and house fiscal agencies.
Sec.
2-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $750,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article 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 $750,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $50,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $50,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
2-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
2-212. 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 senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2021 and September 30, 2022.
Sec.
2-213. 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.
2-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2022 are estimated at
$17,036,000.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $9,544,500.00. Total agency appropriations for
retiree health care legacy costs are estimated at $7,491,500.00.
DEPARTMENT OF ATTORNEY GENERAL
Sec.
2-302. (1) The attorney general shall perform all legal services, including
representation before courts and administrative agencies rendering legal
opinions and providing legal advice to a principal executive department or
state agency. A principal executive department or state agency shall not employ
or enter into a contract with any other person for services described in this
section.
(2)
The attorney general shall defend judges of all state courts if a claim is made
or a civil action is commenced for injuries to persons or property caused by
the judge through the performance of the judge's duties while acting within the
scope of his or her authority as a judge.
(3)
The attorney general shall perform the duties specified in 1846 RS 12, MCL
14.28 to 14.35, and 1919 PA 232, MCL 14.101 to 14.102, and as otherwise
provided by law.
Sec.
2-303. The attorney general may sell copies of the biennial report in excess of
the 350 copies that the attorney general may distribute on a gratis basis.
Gratis copies shall not be provided to members of the legislature. Electronic
copies of biennial reports shall be made available on the department's website.
The attorney general shall sell copies of the report at not less than the
actual cost of the report and shall deposit the money received into the general
fund.
Sec.
2-304. The department is responsible for the legal representation for state of
Michigan state employee worker's disability compensation cases. The risk
management revolving fund revenue appropriation in part 1 is to be satisfied by
billings from the department for the actual costs of legal representation,
including salaries and support costs.
Sec.
2-305. In addition to the funds appropriated in part 1, not more than
$400,000.00 shall be reimbursed per fiscal year for food stamp fraud cases
heard by the third circuit court of Wayne County that were initiated by the
department pursuant to the existing contract between the department of health
and human services, the Prosecuting Attorneys Association of Michigan, and the
department. The source of this funding is money earned by the department under
the agreement after the allowance for reimbursement to the department for costs
associated with the prosecution of food stamp fraud cases. It is recognized
that the federal funds are earned by the department for its documented progress
on the prosecution of food stamp fraud cases according to the United States
Department of Agriculture regulations and that, once earned by this state, the
funds become state funds.
Sec.
2-306. Any proceeds from a lawsuit initiated by or settlement agreement entered
into on behalf of this state against a manufacturer of tobacco products by the
attorney general are state funds and are subject to appropriation as provided
by law.
Sec.
2-307. (1) In addition to the antitrust revenues in part 1, antitrust, securities
fraud, consumer protection or class action enforcement revenues, or attorney
fees recovered by the department, not to exceed $250,000.00, are appropriated
to the department for antitrust, securities fraud, and consumer protection or
class action enforcement cases.
(2)
Any unexpended funds from antitrust, securities fraud, or consumer protection
or class action enforcement revenues at the end of the fiscal year, including
antitrust funds in part 1, may be carried forward for expenditure in the following
fiscal year up to the maximum authorization of $250,000.00.
(3)
The attorney general's office shall make available upon request information
detailing the amount of revenue from subsection (1) recovered by the attorney
general, including a description of the source of the revenue and the
carryforward amount.
Sec.
2-308. (1) In addition to the funds appropriated in part 1, there is
appropriated up to $1,000,000.00 from litigation expense reimbursements awarded
to the state.
(2)
The funds may be expended for the payment of court judgments, settlements,
arbitration awards or other administrative and litigation decisions, attorney
fees, and litigation costs, assessed against the office of the governor, the
department, the governor, or the attorney general when acting in an official
capacity as the named party in litigation against the state. The funds may also
be expended for the payment of state costs incurred under section 16 of chapter
X of the code of criminal procedure, 1927 PA 175, MCL 770.16.
(3)
Unexpended funds at the end of the fiscal year may be carried forward for
expenditure in the following year, up to a maximum authorization of
$250,000.00.
Sec.
2-309. (1) From the prisoner reimbursement funds appropriated in part 1, the
department may spend up to $552,600.00 on activities related to the state
correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406.
In addition to the funds appropriated in part 1, if the department collects in
excess of $1,131,000.00 in gross annual prisoner reimbursement receipts
provided to the general fund, the excess, up to a maximum of $1,000,000.00, is
appropriated to the department and may be spent on the representation of the
department of corrections and its officers, employees, and agents, including,
but not limited to, the defense of litigation against the state, its
departments, officers, employees, or agents in civil actions filed by
prisoners.
(2)
The attorney general's office shall make available upon request information on
the dollar amount of prisoner reimbursements collected from subsection (1) as
well as descriptions of all expenditures made from the reimbursements,
including what activities related to the state correctional facility
reimbursement act, 1935 PA 253, MCL 800.401 to 800.406, funds were spent on.
Sec.
2-310. (1) For the purposes of providing title IV-D child support enforcement
funding, the attorney general shall maintain a cooperative agreement with the
department of health and human services, as the state IV-D agency, for federal
IV-D funding to support the child support enforcement activities within the
office of the attorney general.
(2)
The attorney general or his or her designee shall, to the extent allowable
under federal law, have access to any information used by the state to locate
parents who fail to pay court-ordered child support.
Sec.
2-312. The department shall not receive and expend funds in addition to those
authorized in part 1 for legal services provided specifically to other state
departments or agencies except for costs for expert witnesses, court costs, or
other nonsalary litigation expenses associated with a pending legal action.
Sec.
2-313. The department must submit a quarterly report to the house and senate
standing committees on appropriations, the house and senate appropriations
subcommittees on general government, the house and senate fiscal agencies, and
the state budget office, regarding the lawsuit settlement proceeds fund that
includes all of the following:
(a)
The total amount of revenue deposited into the lawsuit settlement proceeds fund
in the current fiscal year delineated by case.
(b)
The total amount appropriated from the lawsuit settlement proceeds fund in the
current fiscal year delineated by appropriation.
(c)
Earned settlement proceeds that are anticipated but not yet deposited into the
fund delineated by case.
(d)
Any known potential settlement amounts from cases that have not been decided,
delineated by case.
Sec.
2-314. (1) From the lawsuit settlement proceeds fund appropriated in part 1,
the department may spend the funds for the costs of all associated expenses
related to the declaration of emergency due to drinking water contamination up
to $2,643,900.00.
(2)
The attorney general's office must submit a quarterly report to the house and
senate standing committees on appropriations, the house and senate
appropriations subcommittees on general government, the senate and house fiscal
agencies, and the state budget director, detailing how funds in subsection (1)
and all other currently and previously budgeted funds associated with legal
costs pertaining to the Flint water declaration of emergency were expended. The
report must itemize expenditures by case, purpose, hourly rate of retained
attorney, and department involved.
(3)
As a condition of receiving funds appropriated in part 1, the attorney general
must not retain the services of an outside counsel associated with the
declaration of emergency due to drinking water contamination at an hourly rate
of more than $250.00 unless all reporting requirements under subsection (2) are
satisfied.
Sec.
2-316. (1) From the funds appropriated in part 1 for sexual assault law
enforcement efforts, the department shall use the funds for testing of
backlogged sexual assault kits across this state. The funding provided in part
1 shall be distributed in the following order of priority:
(a)
To eliminate all county sexual assault kit backlogs across this state.
(b)
To assist local prosecutors with investigations and prosecutions of viable
cases.
(c)
To provide victim services.
(2)
The department shall provide a report by February 1. The report shall include
the following information:
(a)
The number of sexual assault kits across this state that remain untested as of
January 31.
(b)
A detailed work plan outlining the department's action plan to eliminate all
outstanding sexual assault kits and the time frame for completion of testing of
all untested sexual assault kits.
(c)
A detailed work and spending plan outlining anticipated litigation action and
expenditures resulting from findings of the sexual assault kit testing. The
report shall be submitted to the state budget office, the senate and house
fiscal agencies, and the senate and house of representatives standing
committees on appropriations subcommittees on general government.
(3)
Any funds remaining after the department has met the obligations required under
subsection (1) may be used for the purpose of retesting any previously tested
sexual assault kits across this state using currently available DNA testing.
Funds only may be used for DNA testing on previously tested kits that were not
tested for DNA. If there are remaining untested sexual assault kits on January
31, 2020, funds appropriated in part 1 shall only be used for the testing of
those kits.
Sec.
2-317. (1) The department shall report all legal costs and associated expenses
related to the declaration of emergency due to drinking water contamination,
and the investigations and any resulting prosecutions, for publication in the
Flint water emergency-financial and activities tracking and reporting document
that is posted by the state budget director on the public website,
michigan.gov/flintwater. The tracking and reporting documents shall include the
budget line item source for each expenditure.
(2)
At the conclusion of all attorney general investigations related to the
declaration of emergency due to drinking water contamination, all materials
related to any investigations shall be preserved pursuant to applicable document
retention policies.
Sec.
2-319. From the funds appropriated in part 1, the attorney general shall
provide a quarterly report on the wrongful imprisonment compensation fund to
the chairpersons of the appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget director. The report
shall include at least the following:
(a)
All payments made from the wrongful imprisonment fund in the previous quarter,
including if the payment is part of a new settlement or part of an installment
plan.
(b)
Any settlements that have been decided, but have yet to receive a payment.
(c)
The number of known cases seeking a settlement, but do not have a final
judgment, and the dollar amount of each potential payment for these known
cases.
(d)
The balance of the wrongful imprisonment fund at the end of the previous
quarter.
Sec.
2-322. (1) The department must provide a quarterly report to the chairpersons
of the appropriations subcommittees on general government, the house and senate
fiscal agencies, and the state budget director on the total dollar expenditure
amount related to each of the following department initiatives and activities:
(a)
Catholic church investigation.
(b)
Elder abuse task force.
(c)
Conviction integrity unit
(d)
Opioid litigation.
(e)
Hate crimes unit.
(f)
Michigan State University investigation.
(g)
PFAS contamination.
(h)
Human trafficking.
(i)
Robocall enforcement.
(2)
For each expenditure required under subsection (1) the report must include the
dollar amount spent by line item appropriation and fund source.
Article 3
DEPARTMENT OF CIVIL RIGHTS
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
3-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of civil rights are appropriated for the fiscal
year ending September 30, 2022, and are anticipated to be appropriated for the
fiscal year ending September 30, 2023, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations
in this part:
DEPARTMENT OF CIVIL RIGHTS
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 109.0 109.0
GROSS APPROPRIATION...................................... $ 17,584,100 $ 17,584,100
Total interdepartmental grants and
interdepartmental
transfers.............................................. 298,900 298,900
ADJUSTED GROSS APPROPRIATION............................ $ 17,285,200 $ 17,285,200
Total federal revenues................................... 2,850,700 2,850,700
Total local revenues..................................... 0 0
Total private revenues................................... 18,700 18,700
Total other state restricted revenues................... 58,500 58,500
State general fund/general purpose...................... $ 14,357,300 $ 14,357,300
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 14,357,300 14,357,300
One-time state general fund/general purpose.......... 0 0
Sec. 3-102. CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 109.0 109.0
Unclassified salaries-6.0 FTE positions................. $ 747,400 $ 747,400
Complaint investigation and enforcement-40.0
FTE
positions.............................................. 6,297,400 6,297,400
Division on deaf, deafblind, and hard of
hearing-6.0
FTE positions.......................................... 733,800 733,800
Executive office-23.0 FTE positions..................... 2,938,800 2,938,800
Law and policy-28.0 FTE positions....................... 2,940,400 2,940,400
Museums support.......................................... 1,500,000 1,500,000
Public affairs-12.0 FTE positions....................... 1,674,500 1,674,500
GROSS APPROPRIATION...................................... $ 16,832,300 $ 16,832,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management
and
budget................................................. 298,900 298,900
Federal revenues:
Other federal revenues................................... 2,835,700 2,835,700
Special revenue funds:
Private revenues......................................... 18,700 18,700
Other state restricted revenues......................... 58,500 58,500
State general fund/general purpose...................... $ 13,620,500 $ 13,620,500
Sec. 3-103. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 751,800 $ 751,800
GROSS APPROPRIATION...................................... $ 751,800 $ 751,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 15,000 15,000
Special revenue funds:
State general fund/general purpose...................... $ 736,800 $ 736,800
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
3-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $14,415,800.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $0.00.
Sec.
3-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
3-203. As used in this article:
(a)
"Department" means the department of civil rights.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
Sec.
3-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
3-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
3-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
3-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
3-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
3-209. 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 and the senate and house fiscal agencies.
Sec.
3-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $750,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
3-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or agency:
(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.
3-212. 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 senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2021 and September 30, 2022.
Sec.
3-213. 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.
3-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2022 are $2,420,300.00. From
this amount, total agency appropriations for pension-related legacy costs are
estimated at $1,356,000.00. Total agency appropriations for retiree health care
legacy costs are estimated at $1,064,300.00.
CIVIL RIGHTS OPERATIONS
Sec.
3-402. (1) In addition to the appropriations contained in part 1, the
department may receive and expend funds from local or private sources, for all
of the following purposes:
(a)
Developing and presenting training for employers on equal employment
opportunity law and procedures.
(b)
The publication and sale of civil rights related informational material.
(c)
The provision of copy material made available under freedom of information
requests.
(d)
Other copy fees, subpoena fees, and witness fees.
(e)
Developing, presenting, and participating in mediation processes for certain
civil rights cases.
(f)
Workshops, seminars, and recognition or award programs consistent with the
programmatic mission of the individual unit sponsoring or coordinating the
programs.
(g)
Staffing costs for all activities included in this subsection.
(2)
The department shall annually report to the state budget director, the senate
and house of representatives standing committees on appropriations, the
chairpersons of the relevant appropriations subcommittees, and the senate and
house fiscal agencies the amount of funds received and expended for purposes
authorized under this section.
Sec.
3-403. The department may contract with local units of government to review
equal employment opportunity compliance of potential contractors and may charge
for and expend amounts received from local units of government for the purpose
of developing and providing these contractual services.
Sec.
3-404. (1) The department shall prepare and transmit a detailed report that
includes, but is not limited to, the following information for the most recent
fiscal year:
(a)
A detailed description of the department operations.
(b)
A detailed description of all subunits within the department, including FTE
positions associated with each subunit, responsibilities of each subunit, and
all revenues and expenditures for each subunit.
(c)
The number of complaints by type of complaint.
(d)
The average cost of, and time expended, investigating complaints.
(e)
The percentage of complaints that are meritorious and worthy of investigation
or settlement and the percentage of complaints that have no merit.
(f)
A listing of amounts awarded to claimants.
(g)
Expenditures associated with complaint investigation and enforcement.
(h)
A listing of complaint investigations closed per FTE position for each of the
past 5 years.
(i)
A listing of complaint evaluations completed per FTE position for each of the
past 5 years.
(j)
Productivity projections for the current fiscal year, including investigations
closed per FTE, complaint evaluations completed per FTE, and average time
expended investigating complaints.
(k)
Revenues and expenditures associated with section 403 of this part by local
unit.
(2)
The report required under subsection (1) shall be posted online and transmitted
electronically not later than November 30 to the state budget director, the
chairpersons of the senate and house of representatives standing committees on
appropriations, the senate and house appropriations subcommittees on general
government, and the senate and house fiscal agencies.
Sec.
3-405. The department shall notify the office of the state budget, senate and
house of representatives standing committees on appropriations, the
chairpersons of the appropriations subcommittees on general government, and
senate and house fiscal agencies prior to submitting a report or complaint to
the United States Commission on Civil Rights or other federal departments.
Sec.
3-411. (1) From the funds appropriated in part 1 for museums support,
$500,000.00 shall be awarded to support an Arab-American museum located in a
county with a population over 1,300,000 and in a city with a population between
97,000 and 500,000 according to the most recent federal decennial census.
(2)
From the funds appropriated in part 1 for museums support, $500,000.00 shall be
awarded to support capital improvements to an African-American museum in a city
with a population greater than 600,000 according to the most recent federal
decennial census.
(3)
From the funds appropriated in part 1 from museums support, $500,000.00 shall
be awarded to support a memorial center in a county with a population between
1,000,000 and 1,700,000 in a city with a population between 79,000 and 80,000
according to the most recent federal decennial census to expand educational
access.
Article 4
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
4-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of corrections are appropriated for the fiscal
year ending September 30, 2022, and are anticipated to be appropriated for the
fiscal year ending September 30, 2023, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations
in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 16.0 16.0
Full-time equated classified positions................ 13,484.4 13,484.4
GROSS APPROPRIATION...................................... $ 2,079,027,000 $ 2,039,027,000
Total interdepartmental grants and
interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 2,079,027,000 $ 2,039,027,000
Total federal revenues................................... 5,364,100 5,364,100
Total local revenues..................................... 9,646,100 9,646,100
Total private revenues................................... 0 0
Total other state restricted revenues................... 45,493,400 45,493,400
State general fund/general purpose...................... $ 2,018,523,400 $ 1,978,523,400
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 1,978,523,400 1,978,523,400
One-time state general fund/general purpose.......... 40,000,000 0
Sec. 4-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 16.0 16.0
Full-time equated classified positions................ 335.0 335.0
Unclassified salaries-16.0 FTE positions................ $ 2,030,400 $ 2,030,400
Administrative hearings officers........................ 3,391,000 3,391,000
Budget and operations administration-247.0 FTE
positions.............................................. 35,100,400 35,100,400
Compensatory buyout and union leave bank................ 100 100
County jail reimbursement program....................... 14,814,600 14,814,600
Employee wellness programming-6.0 FTE
positions......... 2,000,000 2,000,000
Equipment and special maintenance....................... 1,559,700 1,559,700
Executive direction-21.0 FTE positions.................. 4,477,000 4,477,000
Judicial data warehouse user fees....................... 50,600 50,600
New custody staff training............................... 21,166,100 21,166,100
Prison industries operations-61.0 FTE
positions......... 10,100,600 10,100,600
Property management...................................... 2,455,100 2,455,100
Prosecutorial and detainer expenses..................... 4,801,000 4,801,000
Sheriffs' coordinating and training office.............. 100,000 100,000
Worker's compensation.................................... 10,733,300 10,733,300
GROSS APPROPRIATION...................................... $ 112,779,900 $ 112,779,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 674,700 674,700
Special revenue funds:
Other state restricted revenues......................... 16,822,300 16,822,300
State general fund/general purpose...................... $ 95,282,900 $ 95,282,900
Sec. 4-103. OFFENDER SUCCESS ADMINISTRATION
Full-time equated classified positions................ 340.9 340.9
Community corrections comprehensive plans and
services.. $ 13,198,100 $ 13,198,100
Education/skilled trades/career readiness
programs-
275.9 FTE positions.................................... 40,278,300 40,278,300
Goodwill flip the script................................. 1,250,000 1,250,000
Offender success federal grants......................... 751,000 751,000
Offender success community partners..................... 14,500,000 14,500,000
Offender success programming............................ 16,772,800 16,772,800
Offender success services-65.0 FTE positions............ 17,831,100 17,831,100
Public safety initiative................................. 4,000,000 4,000,000
Residential probation diversions........................ 16,575,500 16,575,500
GROSS APPROPRIATION...................................... $ 125,156,800 $ 125,156,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,326,200 2,326,200
Special revenue funds:
Other state restricted revenues......................... 14,326,000 14,326,000
State general fund/general purpose...................... $ 108,504,600 $ 108,504,600
Sec. 4-104. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions................ 1,880.5 1,880.5
Criminal justice reinvestment........................... $ 3,748,400 $ 3,748,400
Field operations-1,849.5 FTE positions.................. 221,739,400 221,739,400
Parole board operations-31.0 FTE positions.............. 3,867,400 3,867,400
Parole/probation services................................ 940,000 940,000
Residential alternative to prison program............... 1,500,000 1,500,000
GROSS APPROPRIATION...................................... $ 231,795,200 $ 231,795,200
Appropriated from:
Special revenue funds:
Local revenues........................................... 275,000 275,000
Other state restricted revenues......................... 7,580,500 7,580,500
State general fund/general purpose...................... $ 223,939,700 $ 223,939,700
Sec. 4-105. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions................ 660.0 660.0
Central records-43.0 FTE positions...................... $ 4,792,300 $ 4,792,300
Correctional facilities administration-37.0
FTE
positions.............................................. 6,596,400 6,596,400
Housing inmates in federal institutions................. 511,000 511,000
Inmate housing fund...................................... 100 100
Inmate legal services.................................... 290,900 290,900
Leased beds and alternatives to leased beds............. 100 100
Prison food service-336.0 FTE positions................. 72,833,200 72,833,200
Prison store operations-33.0 FTE positions.............. 3,392,300 3,392,300
Public works programs.................................... 1,000,000 1,000,000
Transportation-211.0 FTE positions...................... 30,850,400 30,850,400
GROSS APPROPRIATION...................................... $ 120,266,700 $ 120,266,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 683,000 683,000
Special revenue funds:
Other state restricted revenues......................... 5,055,700 5,055,700
State general fund/general purpose...................... $ 114,528,000 $ 114,528,000
Sec. 4-106. HEALTH CARE
Full-time equated classified positions................ 1,469.3 1,469.3
Clinical complexes-1,033.3 FTE positions................ $ 148,457,900 $ 148,457,900
Health care administration-17.0 FTE positions........... 3,459,500 3,459,500
Healthy Michigan plan administration-12.0 FTE
positions.............................................. 993,200 993,200
Hepatitis C treatment.................................... 8,810,700 8,810,700
Interdepartmental grant to health and human
services,
eligibility specialists................................ 120,200 120,200
Mental health and substance abuse treatment
services-
407.0 FTE positions.................................... 52,167,800 52,167,800
Prisoner health care services........................... 94,793,600 94,793,600
Vaccination program...................................... 691,200 691,200
GROSS APPROPRIATION...................................... $ 309,494,100 $ 309,494,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 645,400 645,400
Special revenue funds:
Other state restricted revenues......................... 257,200 257,200
State general fund/general purpose...................... $ 308,591,500 $ 308,591,500
Sec. 4-107. CORRECTIONAL FACILITIES
Full-time equated classified positions................ 8,798.7 8,798.7
Alger Correctional Facility - Munising-259.0
FTE
positions.............................................. $ 32,062,300 $ 32,062,300
Baraga Correctional Facility - Baraga-295.8
FTE
positions.............................................. 38,174,700 38,174,700
Bellamy Creek Correctional Facility -
Ionia-392.2 FTE
positions.............................................. 46,870,400 46,870,400
Carson City Correctional Facility - Carson
City-421.4
FTE positions.......................................... 51,347,100 51,347,100
Central Michigan Correctional Facility - St.
Louis-
386.6 FTE positions.................................... 48,651,500 48,651,500
Charles E. Egeler Correctional Facility -
Jackson-
386.6 FTE positions.................................... 48,082,700 48,082,700
Chippewa Correctional Facility -
Kincheloe-443.6 FTE
positions.............................................. 54,172,600 54,172,600
Cooper Street Correctional Facility -
Jackson-254.6
FTE positions.......................................... 31,028,600 31,028,600
Detroit Detention Center-69.1 FTE positions............. 9,371,100 9,371,100
Earnest C. Brooks Correctional Facility -
Muskegon-
248.2 FTE positions.................................... 31,973,300 31,973,300
G. Robert Cotton Correctional Facility -
Jackson-
395.0 FTE positions.................................... 47,720,200 47,720,200
Gus Harrison Correctional Facility -
Adrian-443.6 FTE
positions.............................................. 52,960,900 52,960,900
Ionia Correctional Facility - Ionia-288.3 FTE
positions.............................................. 36,284,700 36,284,700
Kinross Correctional Facility -
Kincheloe-258.6 FTE
positions.............................................. 34,558,400 34,558,400
Lakeland Correctional Facility -
Coldwater-275.4 FTE
positions.............................................. 34,910,900 34,910,900
Macomb Correctional Facility - New Haven-313.3
FTE
positions.............................................. 38,667,900 38,667,900
Marquette Branch Prison - Marquette-319.7 FTE
positions.............................................. 40,008,400 40,008,400
Michigan Reformatory - Ionia-319.8 FTE
positions........ 37,583,000 37,583,000
Muskegon Correctional Facility -
Muskegon-208.0 FTE
positions.............................................. 27,868,000 27,868,000
Newberry Correctional Facility - Newberry-199.1
FTE
positions.............................................. 25,831,000 25,831,000
Oaks Correctional Facility - Eastlake-289.4
FTE
positions.............................................. 36,901,200 36,901,200
Parnall Correctional Facility - Jackson-266.1
FTE
positions.............................................. 30,865,900 30,865,900
Richard A. Handlon Correctional Facility -
Ionia-
255.7 FTE positions.................................... 32,651,500 32,651,500
Saginaw Correctional Facility - Freeland-276.9
FTE
positions.............................................. 35,235,000 35,235,000
Special alternative incarceration program -
Jackson-
33.5 FTE positions..................................... 5,905,800 5,905,800
St. Louis Correctional Facility - St.
Louis-306.6 FTE
positions.............................................. 39,979,700 39,979,700
Thumb Correctional Facility - Lapeer-283.6 FTE
positions.............................................. 35,580,100 35,580,100
Womens Huron Valley Correctional Complex -
Ypsilanti-
505.1 FTE positions.................................... 63,075,100 63,075,100
Woodland Correctional Facility - Whitmore
Lake-296.9
FTE positions.......................................... 36,473,900 36,473,900
Northern region administration and
support-43.0 FTE
positions.............................................. 4,495,800 4,495,800
Southern region administration and
support-64.0 FTE
positions.............................................. 19,160,400 19,160,400
GROSS APPROPRIATION...................................... $ 1,108,452,100 $ 1,108,452,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,034,800 1,034,800
Special revenue funds:
Local revenues........................................... 9,371,100 9,371,100
Other state restricted revenues......................... 102,100 102,100
State general fund/general purpose...................... $ 1,097,944,100 $ 1,097,944,100
Sec. 4-108. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 31,082,200 $ 31,082,200
GROSS APPROPRIATION...................................... $ 31,082,200 $ 31,082,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 1,349,600 1,349,600
State general fund/general purpose...................... $ 29,732,600 $ 29,732,600
Sec. 4-109. ONE-TIME APPROPRIATIONS
John Does v. MDOC settlement agreement.................. $ 40,000,000 $ 0
GROSS APPROPRIATION...................................... $ 40,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 40,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
4-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $2,064,016,800.00 and state spending from state resources to be paid to
local units of government for fiscal year 2022 is $122,895,500.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF CORRECTIONS
County jail reimbursement program...................................... $ 14,814,600
Prosecutorial and detainer expenses.................................... 4,801,000
Community corrections comprehensive plans and
services................ 13,198,100
Public safety initiative............................................... 4,000,000
Residential probation diversions....................................... 16,575,500
Field
operations....................................................... 68,006,200
Residential alternative to prison program.............................. 1,500,000
Leased beds and alternatives to leased beds............................ 100
TOTAL.................................................................... $ 122,895,500
Sec.
4-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
4-203. As used in this article:
(a)
"Administrative segregation" means confinement for maintenance of
order or discipline to a cell or room apart from accommodations provided for
inmates who are participating in programs of the facility.
(b)
"Cost per prisoner" means the sum total of the funds appropriated
under part 1 for the following, divided by the projected prisoner population in
fiscal year 2020-2021:
(i)
New custody staff training.
(ii)
Education/skilled trades/career readiness programs.
(iii)
Offender success programming.
(iv)
Central records.
(v)
Correctional facilities administration.
(vi)
Inmate legal services.
(vii)
Prison food service.
(viii)
Prison store operations.
(ix)
Transportation.
(x)
Clinical complexes.
(xi)
Hepatitis C treatment.
(xii)
Mental health and substance abuse treatment services.
(xiii)
Prisoner health care services.
(xiv)
Vaccination program.
(xv)
Correctional facilities.
(xvi)
Northern and southern region administration and support.
(c)
"Department" or "MDOC" means the Michigan department of
corrections.
(d)
"Director" means the director of the department.
(e)
"Evidence-based" means a decision-making process that integrates the
best available research, clinician expertise, and client characteristics.
(f)
"Federally qualified health center" means that term as defined in
section 1396d(l)(2)(B) of the social security act, 42 USC 1396d
(g)
"FTE" means full-time equated.
(h)
"Jail" means a facility operated by a local unit of government for
the physical detention and correction of persons charged with or convicted of
criminal offenses.
(i)
"Offender success" means that an offender has, with the support of
the community, intervention of the field agent, and benefit of any
participation in programs and treatment, made an adjustment while at liberty in
the community such that he or she has not been sentenced to or returned to
prison for the conviction of a new crime or the revocation of probation or parole.
(j)
"Recidivism" means that term as defined in section 1 of 2017 PA 5,
MCL 798.31.
(k)
"Serious emotional disturbance" means that term as defined in section
100d(2) of the mental health code, 1974 PA 258, MCL 330.1100d.
(l)
"Serious mental illness" means that term as defined in section
100d(3) of the mental health code, 1974 PA 258, MCL 330.1100d.
Sec.
4-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
4-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
4-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
4-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
4-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
4-209. 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 and the senate and house fiscal agencies.
Sec.
4-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $10,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for private contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
Sec.
4-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
4-212. 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 senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2021 and September 30, 2022.
Sec.
4-213. 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.
4-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2022 are estimated at
$279,249,700.00. From this amount, total department appropriations for
pension-related legacy costs are estimated at $156,450,700.00. Total department
appropriations for retiree health care legacy costs are estimated at
$122,799,000.00.
Sec.
4-219. (1) Any contract for prisoner telephone services entered into after the
effective date of this section shall include a condition that fee schedules for
prisoner telephone calls, including rates and any surcharges other than those
necessary to meet program and special equipment costs, be the same as fee
schedules for calls placed from outside of correctional facilities.
(2)
Revenues appropriated and collected for program and special equipment funds
shall be considered state restricted revenue. Funding shall be used for
prisoner programming, special equipment, and security projects. Unexpended
funds remaining at the close of the fiscal year shall not lapse to the general
fund but shall be carried forward and be available for appropriation in
subsequent fiscal years.
(3)
The department shall submit a report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office by February 1
outlining revenues and expenditures from program and special equipment funds.
The report shall include all of the following:
(a)
A list of all individual projects and purchases financed with program and
special equipment funds in the immediately preceding fiscal year, the amounts
expended on each project or purchase, and the name of each vendor from which
the products or services were purchased.
(b)
A list of planned projects and purchases to be financed with program and
special equipment funds during the current fiscal year, the amounts to be
expended on each project or purchase, and the name of each vendor from which
the products or services will be purchased.
(c)
A review of projects and purchases planned for future fiscal years from program
and special equipment funds.
Sec.
4-220. The department may charge fees and collect revenues in excess of
appropriations in part 1 not to exceed the cost of offender services and
programming, employee meals, parolee loans, academic/vocational services,
custody escorts, compassionate visits, union steward activities, and public
works programs and services provided to local units of government or private
nonprofit organizations. The revenues and fees collected are appropriated for
all expenses associated with these services and activities.
Sec.
4-247. The department shall provide the state court administrative office data
sufficient to administer the swift and sure sanctions program.
DEPARTMENTAL ADMINISTRATION AND
SUPPORT
Sec.
4-301. For 3 years after a felony offender is released from the department's
jurisdiction, the department shall maintain the offender's file on the offender
tracking information system and make it publicly accessible in the same manner
as the file of the current offender. However, the department shall immediately
remove the offender's file from the offender tracking information system upon
determination that the offender was wrongfully convicted and the offender's
file is not otherwise required to be maintained on the offender tracking
information system.
Sec.
4-302. From the funds appropriated in part 1, the department shall submit a
report by March 1 on the department's staff retention strategies to the senate
and house appropriations subcommittees on corrections, the senate and house
committees on oversight, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office.
Sec.
4-303. From the funds appropriated in part 1, the department shall submit a
report by March 1 on the number of employee departures to the senate and house
appropriations subcommittees on corrections, the senate and house committees on
oversight, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office. The report must include the number of
corrections officers that departed from employment at a state correctional
facility in the immediately preceding fiscal year and the number of years they
worked for the department. The report shall include a chart that shows the
normal distribution of employee departures in these positions based on years of
service. Years of service shall be grouped into the following ranges: 1 to 3
years, 3 to 5 years, 5 to 10 years, 10 to 15 years, 15 to 20 years, and 20 and
more years. The department shall review all reasons for employee departures and
summarize in the report the primary reasons for departure for each of the
ranges of years of service based on the available responses. The report shall
include a section that shows the distinction between recruits who are
in-training at the academy that depart employment, recruits who are in-training
at a facility that depart employment, and employees who have been on the job
that depart employment.
Sec.
4-305. From the funds appropriated in part 1 for prosecutorial and detainer
expenses, the department shall reimburse counties for housing and custody of
parole violators and offenders being returned by the department from community
placement who are available for return to institutional status and for
prisoners who volunteer for placement in a county jail.
Sec.
4-306. Funds included in part 1 for the sheriffs' coordinating and training
office are appropriated for and may be expended to defray costs of continuing
education, certification, recertification, decertification, and training of
local corrections officers, the personnel and administrative costs of the
sheriffs' coordinating and training office, the local corrections officers
advisory board, and the sheriffs' coordinating and training council under the
local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546.
Sec.
4-307. The department shall issue a biannual report for all vendor contracts to
the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office. The report shall cover service contracts with a value of
$500,000.00 or more and include all of the following:
(a)
The original start date and the current expiration date of each contract.
(b)
The number, if any, of contract compliance monitoring site visits completed by
the department for each vendor.
(c)
The number and amount of fines, if any, for service-level agreement
noncompliance for each vendor broken down by area of noncompliance.
Sec.
4-308. The department shall provide for the training of all custody staff in
effective and safe ways of handling prisoners with mental illness and referring
prisoners to mental health treatment programs. Mental health awareness training
shall be incorporated into the training of new custody staff.
Sec.
4-310. By March 1, the department shall provide a strategic plan update report
to the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office which details the progress being made in achieving the strategic
plan of the department. The report shall contain updates on relevant strategic
plan objectives, as well as key statistics and information about the
department's efforts to decrease the overall recidivism rate and promote
offender success by ensuring readiness to reenter society.
Sec.
4-311. By December 1, the department shall provide a report on the Michigan
state industries program to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office. The report shall include,
but not be limited to, the locations of the programs, the total number of
participants at each location, a description of job duties and typical inmate
schedules, the products that are produced, and how the program provides
marketable skills that lead to employable outcomes after release from a
department facility.
Sec.
4-312. The department shall maintain employee wellness programming, including
programming focused on post-traumatic stress disorder outreach.
Sec.
4-313. (1) From the funds appropriated in part 1 for new custody staff
training, the department shall work to hire and train new corrections officers
to address attrition of correction officers and to decrease overtime costs.
(2)
The department shall submit quarterly reports on new employee schools to the
senate and house appropriations subcommittees on corrections, the senate and
house committees on oversight, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office. The reports
must include the following information for the immediately preceding fiscal
quarter, and as much of the information as possible for the current and next
fiscal year.
(a)
The number of new employee schools that took place and the location of each.
(b)
The number of recruits that started in each employee school.
(c)
The number of recruits that graduated from each employee school and continued
employment with the department.
OFFENDER SUCCESS ADMINISTRATION
Sec.
4-401. The department shall submit 3-year and 5-year prison population projection
updates concurrent with submission of the executive budget recommendation to
the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office. The report shall include explanations of the methodology and
assumptions used in developing the projection updates.
Sec.
4-402. By March 1, the department shall provide a report on offender success
expenditures and allocations to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office. At a minimum,
the report shall include details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and service
provider.
Sec.
4-403. The department shall partner with nonprofit faith-based, business and
professional, civic, and community organizations for the purpose of providing
offender success services. Offender success services include, but are not
limited to, counseling, providing information on housing and job placement, and
money management assistance.
Sec.
4-404. From the funds appropriated in part 1 for offender success services, the
department, when reasonably possible, shall ensure that inmates have potential
employer matches in the communities to which they will return prior to each
inmate's initial parole hearing.
Sec.
4-407. By June 30, the department shall place the statistical report from the
immediately preceding calendar year on an internet site. The statistical report
shall include, but not be limited to, the information as provided in the 2004
statistical report.
Sec.
4-408. The department shall measure the re-incarceration recidivism rates of
offenders based on available state data.
Sec.
4-409. From the appropriations in part 1, the department shall design services
for offender success and vocation education programs, collaborating with the
department of labor and economic opportunity and local entities to the extent
deemed necessary by the director. The department shall ensure that the program
provides relevant professional development opportunities to prisoners that are
high quality, demand driven, locally receptive, and responsive to the needs of
communities where the prisoners are expected to reside after their release from
correctional facilities.
Sec.
4-410. (1) Funds awarded for residential services in part 1 shall provide for a
per diem reimbursement of not more than $55.50.
(2)
Pursuant to an approved comprehensive plan, allowable uses of community
corrections comprehensive plans and services funds shall include reimbursing
counties for transportation, treatment costs, and housing drunk drivers during
a period of assessment for treatment and case planning. Reimbursements for
housing during the assessment process shall be at the rate of $43.50 per day
per offender, up to a maximum of 5 days per offender.
Sec.
4-412. (1) The department shall submit to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office the following
information for each county and counties consolidated for comprehensive
corrections plans:
(a)
Approved technical assistance grants and comprehensive corrections plans
including each program and level of funding, the utilization level of each
program, and profile information of enrolled offenders.
(b)
If federal funds are made available, the number of participants funded, the
number served, the number successfully completing the program, and a summary of
the program activity.
(c)
Status of the community corrections information system and the jail population
information system.
(d)
Data on residential services, including participant data, participant
sentencing guideline scores, program expenditures, average length of stay, and
bed utilization data.
(e)
Offender disposition data by sentencing guideline range, by disposition type,
by prior record variable score, by number and percent statewide and by county,
current year, and comparisons to the previous 3 years.
(f)
Data on the use of funding made available under the drunk driver jail reduction
and community treatment program.
(2)
The report required under subsection (1) shall include the total funding
allocated, program expenditures, required program data, and year-to-date
totals.
Sec.
4-413. (1) From the funds appropriated in part 1 for public safety initiative,
the law enforcement agency receiving the funding under part 1 shall submit
quarterly expenditure reports including a detailed listing of expenditures to
the department of corrections, the senate and house of representatives
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office
and must include the purpose for which the expenditures were made, the amounts
of expenditures by purpose, specific services that were provided, and number of
individuals served.
(2)
If requested by the senate and house of representatives appropriations
subcommittees on corrections, the law enforcement agency receiving the funding
under part 1 shall appear before the subcommittees to discuss the expenditure
report required under subsection (1). The subcommittees will work with the law
enforcement agency to determine when the meeting will occur.
Sec.
4-414. (1) The department shall administer a county jail reimbursement program
from the funds appropriated in part 1 for the purpose of reimbursing counties
for housing in jails certain felons who otherwise would have been sentenced to
prison.
(2)
The county jail reimbursement program shall reimburse counties for convicted
felons in the custody of the sheriff if the conviction was for a crime
committed on or after January 1, 1999 and 1 of the following applies:
(a)
The felon's sentencing guidelines recommended range upper limit is more than 18
months, the felon's sentencing guidelines recommended range lower limit is 12
months or less, the felon's prior record variable score is 35 or more points,
and the felon's sentence is not for commission of a crime in crime class G or
crime class H or a nonperson crime in crime class F under chapter XVII of the
code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b)
The felon's minimum sentencing guidelines range minimum is more than 12 months
under the sentencing guidelines described in subdivision (a).
(c)
The felon was sentenced to jail for a felony committed while he or she was on
parole and under the jurisdiction of the parole board and for which the
sentencing guidelines recommended range for the minimum sentence has an upper
limit of more than 18 months.
(3)
State reimbursement under this subsection shall be $65.00 per diem per diverted
offender for offenders with a presumptive prison guideline score, $55.00 per
diem per diverted offender for offenders with a straddle cell guideline for a
group 1 crime, and $40.00 per diem per diverted offender for offenders with a
straddle cell guideline for a group 2 crime. Reimbursements shall be paid for
sentences up to a 1-year total.
(4)
As used in this section:
(a)
"Group 1 crime" means a crime in 1 or more of the following offense
categories: arson, assault, assaultive other, burglary, criminal sexual
conduct, homicide or resulting in death, other sex offenses, robbery, and
weapon possession as determined by the department based on specific crimes for
which counties received reimbursement under the county jail reimbursement
program in fiscal year 2007 and fiscal year 2008, and listed in the county jail
reimbursement program document titled "FY 2007 and FY 2008 Group One
Crimes Reimbursed", dated March 31, 2009.
(b)
"Group 2 crime" means a crime that is not a group 1 crime, including
larceny, fraud, forgery, embezzlement, motor vehicle, malicious destruction of
property, controlled substance offense, felony drunk driving, and other
nonassaultive offenses.
(c)
"In the custody of the sheriff" means that the convicted felon has
been sentenced to the county jail and is either housed in a county jail, is in
custody but is being housed at a hospital or medical facility for a medical or
mental health purpose, or has been released from jail and is being monitored
through the use of the sheriff's electronic monitoring system.
(5)
County jail reimbursement program expenditures shall not exceed the amount
appropriated in part 1 for the county jail reimbursement program. Payments to
counties under the county jail reimbursement program shall be made in the order
in which properly documented requests for reimbursements are received. A
request shall be considered to be properly documented if it meets MDOC
requirements for documentation. By October 15, the department shall distribute
the documentation requirements to all counties.
(6)
Any county that receives funding under this section for the purpose of housing
in jails certain felons who otherwise would have been sentenced to prison
shall, as a condition of receiving the funding, report by September 30 an
annual average jail capacity and annual average jail occupancy for the
immediately preceding fiscal year.
(7)
Not later than February 1, the department shall report to the senate and house
appropriations subcommittees on corrections all of the following information:
(a)
The number of inmates sentenced to the custody of the sheriff and eligible for
the county jail reimbursement program.
(b)
The total amount paid to counties under the county jail reimbursement program.
(c)
The total number of days inmates were in the custody of the sheriff and
eligible for the county jail reimbursement program.
(d)
The number of inmates sentenced to the custody of the sheriff under each of the
3 categories: presumptive prison, group 1 crime, and group 2 crime in
subsection (3).
(e)
The total amount paid to counties under each of the 3 categories: presumptive
prison, group 1 crime, and group 2 crime in subsection (3).
(f)
The total number of days inmates were in the custody of the sheriff under each
of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in
subsection (3).
(g)
The estimated cost of housing inmates sentenced to the custody of the sheriff
and eligible for the county jail reimbursement program as inmates of a state
prison.
Sec.
4-418. (1) If provided by the offender, the department shall maintain the state
operator's license, state identification card, or other documentation used to
establish the identity of the individual to be admitted to the department in
the prisoner's personal file.
(2)
The department shall allow prisoners to obtain their Michigan birth
certificates if necessary, collaborating with the department of health and
human services as necessary. The department shall provide a process for a
prisoner to obtain their birth certificates from another state, and in
situations where the prisoner's effort fails, the department shall assist in
obtaining the birth certificate.
(3)
The department shall ensure that prisoners can obtain a copy of their DD Form
214 or other military discharge documentation if necessary, collaborating with
the department of military and veterans affairs as necessary.
Sec.
4-419. The department shall provide monthly electronic mail reports to the
senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office. The reports shall include information on end-of-month prisoner
populations in county jails, the net operating capacity according to the most
recent certification report, identified by date, the number of beds in
currently closed housing units by facility, and end-of-month data, year-to-date
data, and comparisons to the prior year for the following:
(a)
Community residential program populations, separated by centers and electronic
monitoring.
(b)
Parole populations.
(c)
Probation populations, with identification of the number in special alternative
incarceration.
(d)
Prison and camp populations, with separate identification of the number in
special alternative incarceration and the number of lifers.
(e)
Prisoners classified as past their earliest release date.
(f)
Parole board activity, including the numbers and percentages of parole grants
and parole denials.
(g)
Prisoner exits, identifying transfers to community placement, paroles from
prisons and camps, paroles from community placement, total movements to parole,
prison intake, prisoner deaths, prisoners discharging on the maximum sentence,
and other prisoner exits.
(h)
Prison intake and returns, including probation violators, new court
commitments, violators with new sentences, escaper new sentences, total prison
intake, returns from court with additional sentences, community placement
returns, technical parole violator returns, and total returns to prison and
camp.
Sec.
4-422. On a quarterly basis, the department shall issue a report to the senate
and house appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the state budget
office, for the previous 4 quarters detailing the outcomes of prisoners who
have been reviewed for parole. The report shall include all of the following:
(a)
How many prisoners in each quarter were reviewed.
(b)
How many prisoners were granted parole.
(c)
How many prisoners were denied parole.
(d)
How many parole decisions were deferred.
(e)
The distribution of the total number of prisoners reviewed during that quarter
grouped by whether the prisoner had been interviewed for the first, second,
third, fourth, fifth, sixth, or more than sixth time.
(f)
The number of paroles granted, denied, or deferred for each of the parole
guideline scores of low, average, and high.
(g)
The reason for denying or deferring parole.
Sec.
4-424. From the funds appropriated in part 1 for education/skilled
trades/career readiness programs the department shall maintain an enhanced food
technology program that provides on-the-job training in prison kitchens that
will lead to food service training credentials recognized by the restaurant
industry.
Sec.
4-425. (1) From the funds appropriated in part 1 for offender success
programming, $1,000,000.00 shall be used by the department to establish
medication-assisted treatment offender success pilot programs to provide
prerelease treatment and postrelease referral for opioid-addicted and
alcohol-addicted offenders who voluntarily participate in the
medication-assisted treatment offender success pilot programs. The department
shall collaborate with residential and nonresidential substance abuse treatment
providers and with community-based clinics to provide postrelease treatment.
The programs shall employ a multifaceted approach to treatment, including a
long-acting nonaddictive medication approved by the Food and Drug
Administration for the treatment of opioid and alcohol dependence, counseling,
and postrelease referral to community-based providers.
(2)
The manufacturer of a long-acting nonaddictive medication approved by the Food
and Drug Administration for opioid and alcohol dependence shall provide the
department with samples of the medication, at no cost to the department, during
the duration of the medication-assisted treatment offender success pilot
programs. Offenders shall receive 1 injection prior to being released from
custody and shall be connected with an aftercare plan and assistance with
obtaining insurance to cover subsequent injections.
(3)
Participants of the programs shall be required to attend substance abuse
treatment programming as directed by their agent, including coordination of
both direct or indirect services through federally qualified health centers in
Wayne, Washtenaw, Genesee, Berrien, Van Buren, and Allegan Counties, but not
limited to only those counties, shall be subject to routine drug and alcohol
testing, shall not be allowed to consume drugs or alcohol, and shall possess a
strong will to overcome addiction.
(4)
The department shall submit a report by September 30 to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the number of offenders who received injections upon release, the number of
offenders who received injections and tested positive for drugs or alcohol, the
number of offenders who received injections in the community for a duration of
at least 3 months, and the number of offenders who received injections and were
subsequently returned to prison.
Sec.
4-426. From the funds appropriated in part 1, the department shall ensure that
any inmate with a diagnosed mental illness is referred to a local mental health
care provider that is able and willing to treat the inmate upon parole or
discharge. The department shall ensure that the provider is informed of the
inmate's current treatment plan including any medications that are currently
prescribed to the inmate.
Sec.
4-437. (1) Funds appropriated in part 1 for Goodwill Flip the Script shall be
distributed to a Michigan-chartered 501(c)(3) nonprofit corporation operating
in a county with greater than 1,500,000 people for administration and expansion
of a program that serves a population of individuals aged 16 to 39. The program
shall target those who are entering the criminal justice system for the first or
second time and shall assist those individuals through the following program
types:
(a)
Alternative sentencing programs in partnership with a local district or circuit
court.
(b)
Educational recovery for special adult populations with high rates of illiteracy.
(c)
Career development and continuing education for women.
(2)
The program selected shall report by March 30 to the department, the senate and
house appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office.
The report shall include program performance measurements, the number of
individuals diverted from incarceration, the number of individuals served, and
outcomes of participants who complete the program.
FIELD OPERATIONS ADMINISTRATION
Sec.
4-603. Included in the appropriation in part 1 is adequate funding to implement
the curfew monitoring program to be administered by the department. The curfew
monitoring program is intended to provide sentencing judges and county sheriffs
in coordination with local community corrections advisory boards access to the
state's curfew monitoring program to reduce prison admissions and improve local
jail utilization. Any county with curfew monitor charges outstanding over 60
days shall be considered in violation of the community curfew monitoring
program agreement and lose access to the program.
Sec.
4-604. The funds appropriated in part 1 for criminal justice reinvestment shall
be used only to fund data collection and evidence-based programs designed to
reduce recidivism among probationers and parolees.
Sec.
4-615. (1) The department shall submit a report detailing the number of
prisoners who have received life imprisonment sentences with the possibility of
parole and who are currently eligible for parole to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office by
April 30.
(2)
The report shall include the following information on parolable lifers who have
served more than 25 years: prisoner name, MDOC identification number, prefix,
offense for which life term is being served, county of conviction, age at time
offense was committed, current age, race, gender, true security classification,
dates of parole board file reviews, dates of parole board interviews, parole
guideline scores, and reason for decision not to release.
Sec.
4-617. From the funds appropriated in part 1 for the residential alternative to
prison program, the department shall provide vocational, educational, and
cognitive programming in a secure environment to enhance existing alternative
sentencing options, increase employment readiness and successful placement
rates, and reduce new criminal behavior for the west Michigan probation
violator population. The department shall measure and set metric goals.
HEALTH CARE
Sec.
4-803. (1) The department shall assure that all prisoners, upon any health care
treatment funded from appropriations in part 1, are given the opportunity to
sign a release of information form designating a family member or other
individual to whom the department shall release records information regarding a
prisoner. A release of information form signed by a prisoner shall remain in
effect for 1 year, and the prisoner may elect to withdraw or amend the release
form at any time.
(2)
The department shall assure that any such signed release forms follow a
prisoner upon transfer to another department facility or to the supervision of
a parole officer.
(3)
The form shall be placed online, on a public website managed by the department.
Sec.
4-804. The department shall report annually to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
prisoner health care utilization. The report shall include the number of
inpatient hospital days, outpatient visits, emergency room visits, and
prisoners receiving off-site inpatient medical care in the previous quarter, by
facility.
Sec.
4-807. The funds appropriated in part 1 for Hepatitis C treatment shall be used
only to purchase specialty medication for Hepatitis C treatment in the prison
population. In addition to the above appropriation, any rebates received from
the medications used shall be used only to purchase specialty medication for
Hepatitis C treatment. On an annual basis, the department shall issue a report
to the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office, providing the total amount spent on specialty medication for the
treatment of Hepatitis C, the number of prisoners that were treated, the amount
of any rebates that were received from the purchase of specialty medication,
and what outstanding rebates are expected to be received.
CORRECTIONAL FACILITIES
ADMINISTRATION
Sec.
4-902. (1) From the funds appropriated in part 1, the department shall notify
the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office of the department's plans to eliminate programming for prisoners.
Notice shall be provided at least 30 days prior to program elimination.
(2)
As used in this section, "programming for prisoners" means a
department core program or career and technical education program funded in
part 1.
Sec.
4-903. From the funds appropriated in part 1 for prison food service, the
department shall report biannually to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office on the
following:
(a)
Average per-meal cost for prisoner food service. Per-meal cost shall include
all costs directly related to the provision of food for the prisoner
population, and shall include, but not be limited to, actual food costs, total
compensation for all food service workers, including benefits and legacy costs,
and inspection and compliance costs for food service.
(b)
Food service-related contracts, including goods or services to be provided and
the vendor.
(c)
Major sanitation violations.
Sec.
4-904. The department shall calculate the cost per prisoner/per day for each
security custody level. This calculation shall include all actual direct and
indirect costs for the previous fiscal year, including, but not limited to, the
value of services provided to the department by other state agencies and the
allocation of statewide legacy costs. To calculate the cost per prisoner/per
day, the department shall divide these direct and indirect costs by the average
daily population for each custody level. For multilevel facilities, the
indirect costs that cannot be accurately allocated to each custody level can be
included in the calculation on a per-prisoner basis for each facility. A report
summarizing these calculations and the direct and indirect costs included in
them shall be submitted to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office not later than December 15.
Sec.
4-906. Any local unit of government or private nonprofit organization that
contracts with the department for public works services shall be responsible
for financing the entire cost of such an agreement.
Sec.
4-907. The department shall report by March 1 to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
academic and vocational programs. The report shall provide information relevant
to an assessment of the department's academic and vocational programs,
including, but not limited to, all of the following:
(a)
The number of instructors and the number of instructor vacancies, by program
and facility.
(b)
The number of prisoners enrolled in each program, the number of prisoners
completing each program, the number of prisoners who do not complete each
program and are not subsequently reenrolled, and the reason for not completing
the program, the number of prisoners transferred to another facility while
enrolled in a program and not subsequently reenrolled, the number of prisoners
enrolled who are repeating the program, and the number of prisoners on waiting
lists for each program, all itemized by facility.
(c)
The steps the department has undertaken to improve programs, track records,
accommodate transfers and prisoners with health care needs, and reduce waiting
lists.
(d)
The number of prisoners paroled without a high school diploma and the number of
prisoners paroled without a high school equivalency.
(e)
An explanation of the value and purpose of each program, for example, to
improve employability, reduce recidivism, reduce prisoner idleness, or some
combination of these and other factors.
(f)
An identification of program outcomes for each academic and vocational program.
(g)
The number of prisoners not paroled at their earliest release date due to lack
of a high school equivalency, and the reason those prisoners have not obtained
a high school equivalency.
Sec.
4-910. The department shall allow the Michigan Braille transcribing fund
program to operate at designated locations funded from appropriations in part
1. The donations by the Michigan Braille transcribing fund at the G. Robert
Cotton Correctional Facility and Womens Huron Valley Correctional Complex are
acknowledged and appreciated. The department shall continue to encourage the
Michigan Braille transcribing fund program to produce high-quality materials
for use by the visually impaired.
Sec.
4-911. By March 1, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office
the number of critical incidents occurring each month by type and the number
and severity of assaults, escape attempts, suicides, and attempted suicides
occurring each month at each facility during the immediately preceding calendar
year.
Sec.
4-912. The department shall report annually to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office on the ratio of
correctional officers to prisoners for each correctional institution, the ratio
of shift command staff to line custody staff, and the ratio of noncustody
institutional staff to prisoners for each correctional institution.
Sec.
4-913. (1) From the funds appropriated in part 1, the department shall focus on
providing required programming to prisoners who are past their earliest release
date because of not having received the required programming. Programming
includes, but is not limited to, violence prevention programming, assaultive
offender programming, sexual offender programming, substance abuse treatment
programming, thinking for a change programming, and any other programming that
is required as a condition of parole.
(2)
The department shall submit a quarterly report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office
detailing enrollment in sex offender programming, assaultive offender
programming, violent offender programming, and thinking for a change
programming. At a minimum, the report shall include the following:
(a)
A full accounting, from the date of entrance to prison, of the number of
individuals who are required to complete the programming but have not yet done
so.
(b)
The number of individuals who have reached their earliest release date, but who
have not completed required programming.
(c)
A plan of action for addressing any waiting lists or backlogs for programming
that may exist.
Sec.
4-920. If a female prisoner in a facility funded from appropriations in section
107 consents to a visitor being present, the department shall allow that 1
person to be present during the prisoner's labor and delivery. The person
allowed to accompany the prisoner must be an immediate family member, legal
guardian, spouse, or domestic partner. The department is authorized to deny
access to a visitor if the department has a safety concern with that visitor's
access. The department is authorized to conduct a criminal background check on
a visitor.
Sec.
4-924. The department shall evaluate all prisoners at intake for substance
abuse disorders, serious developmental disorders, serious mental illness, and
other mental health disorders. Prisoners with serious mental illness or serious
developmental disorders shall not be removed from the general population as a
punitive response to behavior caused by their serious mental illness or serious
developmental disorder. Due to persistent high violence risk or severe
disruptive behavior that is unresponsive to treatment, prisoners with serious
mental illness or serious developmental disorders may be placed in secure
residential housing programs that will facilitate access to institutional
programming and ongoing mental health services funded from appropriations in
part 1. A prisoner with serious mental illness or serious developmental
disorder who is confined in these specialized housing programs shall be
evaluated or monitored by a medical professional at a frequency of not less
than every 12 hours.
Sec.
4-925. By March 1, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the annual number of prisoners in administrative segregation between October 1,
2020 and September 30, 2021, and the annual number of prisoners in
administrative segregation between October 1, 2020 and September 30, 2021 who
at any time during the current or prior prison term were diagnosed with serious
mental illness or have a developmental disorder and the number of days each of
the prisoners with serious mental illness or a developmental disorder have been
confined to administrative segregation.
Sec.
4-929. From the funds appropriated in part 1, the department shall do all of
the following:
(a)
Ensure that any inmate care and control staff in contact with prisoners less
than 18 years of age are adequately trained with regard to the developmental
and mental health needs of prisoners less than 18 years of age. By April 1, the
department shall report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office on the training curriculum used and the
number and types of staff receiving annual training under that curriculum.
(b)
Provide appropriate placement for prisoners less than 18 years of age who have
serious mental illness, serious emotional disturbance, or a serious
developmental disorder and need to be housed separately from the general
population. Prisoners less than 18 years of age who have serious mental
illness, serious emotional disturbance, or a serious developmental disorder
shall not be removed from an existing placement as a punitive response to behavior
caused by their serious mental illness, serious emotional disturbance, or a
serious developmental disorder. Due to persistent high violence risk or severe
disruptive behavior that is unresponsive to treatment, prisoners less than 18
years of age with serious emotional disturbance, serious mental illness, or
serious developmental disorders may be placed in secure residential housing
programs that will facilitate access to institutional programming and ongoing
mental health services. A prisoner less than 18 years of age with serious
mental illness, serious emotional disturbance, or a serious developmental
disorder who is confined in these specialized housing programs shall be
evaluated or monitored by a medical professional at a frequency of not less than
every 12 hours.
(c)
Implement a specialized offender success program that recognizes the needs of
prisoners less than 18 years old for supervised offender success.
Sec.
4-930. The department shall submit an annual report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the number of youth in prison. The report shall include, but not be limited to,
the following information:
(a)
The total number of inmates under age 18 who are not on Holmes youthful trainee
act status.
(b)
The total number of inmates under age 18 who are on Holmes youthful trainee act
status.
(c)
The total number of inmates aged 18 to 23 who are on Holmes youthful trainee
act status.
Sec.
4-945. From the funds appropriated in part 1, the department shall notify the
senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office of the department's plans to close, consolidate, or relocate any
correctional facility in the state. Notice shall be provided at least 30 days
prior to effective date of closure, consolidation, or relocation.
Sec.
4-946. From the funds appropriated in part 1, the department shall continue to
consult with the legislature and other appropriate state agencies to develop a
framework to provide investment in communities that have formerly operational
state correctional facilities that have been closed. This framework shall
include plans to ensure that vacant state correctional facilities do not become
a nuisance or danger to the community.
MISCELLANEOUS
Sec.
4-1009. The department shall make an information packet for the families of incoming
prisoners available on the department's website. The information packet shall
be updated by February 1. The packet shall provide information on topics
including, but not limited to: how to put money into prisoner accounts, how to
make phone calls or create Jpay electronic mail accounts, how to visit in
person, proper procedures for filing complaints or grievances, the rights of
prisoners to physical and mental health care, how to utilize the offender
tracking information system (OTIS), truth-in-sentencing and how it applies to
minimum sentences, the parole process, and guidance on the importance of the
role of families in the reentry process. The department is encouraged to
partner with external advocacy groups and actual families of prisoners in the
packet-writing process to ensure that the information is useful and complete.
ONE-TIME APPROPRIATIONS
Sec.
4-1101. The unexpended funds appropriated in part 1 for the John Does v. MDOC
settlement agreement are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year
and shall be available for expenditures for projects under this section until
the projects have 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 satisfy the state's financial obligation under
the settlement agreement entered in the cases of John Does 11-18 and Jane Doe
1, et al. v. Michigan Department of Corrections, Case No. 13-1196-CZ and John
Does 1-10, et al. v. Michigan Department of Corrections, Case No. 15-1006-CZ in
the Circuit Court for the County of Washtenaw.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of all projects is $40,000,000.00.
(d)
The tentative completion date is September 30, 2023.
Article 5
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
5-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of education are appropriated for the fiscal
year ending September 30, 2022, and are anticipated to be appropriated for the fiscal
year ending September 30, 2023, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in
this part:
DEPARTMENT OF EDUCATION
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 615.0 615.0
GROSS APPROPRIATION...................................... $ 531,091,400 $ 499,191,400
Total interdepartmental grants and
interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 531,091,400 $ 499,191,400
Total federal revenues................................... 344,304,100 390,404,100
Total local revenues..................................... 5,870,300 5,870,300
Total private revenues................................... 2,238,500 2,238,500
Total other state restricted revenues................... 9,785,400 9,785,400
State general fund/general purpose...................... $ 168,893,100 $ 90,893,100
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 90,893,100 90,893,100
One-time state general fund/general purpose.......... 78,000,000 0
Sec. 5-102. STATE BOARD OF EDUCATION/OFFICE OF THE
SUPERINTENDENT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 11.0 11.0
Unclassified salaries-6.0 FTE positions................. $ 1,022,600 $ 1,022,600
Education commission of the states...................... 120,800 120,800
State board of education, per diem payments............. 24,400 24,400
State board/superintendent operations-11.0 FTE
positions.............................................. 2,460,100 2,460,100
GROSS APPROPRIATION...................................... $ 3,627,900 $ 3,627,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 288,600 288,600
Special revenue funds:
Private revenues......................................... 28,100 28,100
Other state restricted revenues......................... 808,000 808,000
State general fund/general purpose...................... $ 2,503,200 $ 2,503,200
Sec. 5-103. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated classified positions................ 47.6 47.6
Central support operations-38.6 FTE positions........... $ 6,041,400 $ 6,041,400
Federal and private grants............................... 2,999,300 2,999,300
Grant and contract operations-9.0 FTE
positions......... 2,743,900 2,743,900
Property management...................................... 3,622,100 3,622,100
Terminal leave payments.................................. 353,300 353,300
Training and orientation workshops...................... 150,000 150,000
Worker's compensation.................................... 19,400 19,400
GROSS APPROPRIATION...................................... $ 15,929,400 $ 15,929,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 9,132,700 9,132,700
Special revenue funds:
Private revenues......................................... 999,300 999,300
Other state restricted revenues......................... 732,300 732,300
State general fund/general purpose...................... $ 5,065,100 $ 5,065,100
Sec. 5-104. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 4,938,300 $ 4,938,300
GROSS APPROPRIATION...................................... $ 4,938,300 $ 4,938,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,591,200 2,591,200
Special revenue funds:
Other state restricted revenues......................... 932,900 932,900
State general fund/general purpose...................... $ 1,414,200 $ 1,414,200
Sec. 5-105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions................ 47.0 47.0
Special education operations-47.0 FTE
positions......... $ 10,777,900 $ 10,777,900
GROSS APPROPRIATION...................................... $ 10,777,900 $ 10,777,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,691,100 8,691,100
Special revenue funds:
Private revenues......................................... 110,100 110,100
Other state restricted revenues......................... 46,800 46,800
State general fund/general purpose...................... $ 1,929,900 $ 1,929,900
Sec. 5-106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions................ 82.0 82.0
Camp Tuhsmeheta-1.0 FTE position........................ $ 501,000 $ 501,000
Low incidence outreach program.......................... 1,000,000 1,000,000
Michigan schools for the deaf and blind
operations-
81.0 FTE positions..................................... 13,627,000 13,627,000
Private gifts - blind.................................... 200,000 200,000
Private gifts - deaf..................................... 150,000 150,000
GROSS APPROPRIATION...................................... $ 15,478,000 $ 15,478,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 7,550,600 7,550,600
Special revenue funds:
Local revenues........................................... 5,870,300 5,870,300
Private revenues......................................... 851,000 851,000
Other state restricted revenues......................... 1,206,100 1,206,100
State general fund/general purpose...................... $ 0 $ 0
Sec. 5-107. EDUCATOR EXCELLENCE
Full-time equated classified positions................ 48.5 48.5
Educator excellence operations-48.5 FTE
positions....... $ 12,353,700 $ 12,353,700
GROSS APPROPRIATION...................................... $ 12,353,700 $ 12,353,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 3,164,600 3,164,600
Special revenue funds:
Other state restricted revenues......................... 4,275,500 4,275,500
State general fund/general purpose...................... $ 4,913,600 $ 4,913,600
Sec. 5-108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions................ 66.0 66.0
Child development and care external support............. $ 30,673,600 $ 30,673,600
Child development and care public assistance............ 241,622,000 287,722,000
Head start collaboration office-1.0 FTE
position........ 318,700 318,700
Office of great start operations-65.0 FTE
positions..... 30,868,700 30,868,700
GROSS APPROPRIATION...................................... $ 303,483,000 $ 349,583,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 262,848,000 308,948,000
Special revenue funds:
Private revenues......................................... 250,000 250,000
Other state restricted revenues......................... 64,600 64,600
State general fund/general purpose...................... $ 40,320,400 $ 40,320,400
Sec. 5-109. SYSTEMS, EVALUATION, AND TECHNOLOGY
Full-time equated classified positions................ 10.0 10.0
Office of systems, evaluation, and technology
operations-10.0 FTE positions.......................... $ 1,978,000 $ 1,978,000
GROSS APPROPRIATION...................................... $ 1,978,000 $ 1,978,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,118,400 1,118,400
Special revenue funds:
Other state restricted revenues......................... 10,400 10,400
State general fund/general purpose...................... $ 849,200 $ 849,200
Sec. 5-110. STRATEGIC PLANNING AND IMPLEMENTATION
Full-time equated classified positions................ 6.0 6.0
Strategic planning and implementation
operations-6.0
FTE positions.......................................... $ 1,077,200 $ 1,077,200
GROSS APPROPRIATION...................................... $ 1,077,200 $ 1,077,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 556,000 556,000
Special revenue funds:
State general fund/general purpose...................... $ 521,200 $ 521,200
Sec. 5-111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions................ 2.0 2.0
Administrative law operations-2.0 FTE
positions......... $ 1,416,400 $ 1,416,400
GROSS APPROPRIATION...................................... $ 1,416,400 $ 1,416,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 578,200 578,200
Special revenue funds:
Other state restricted revenues......................... 734,700 734,700
State general fund/general purpose...................... $ 103,500 $ 103,500
Sec. 5-112. ACCOUNTABILITY SERVICES
Full-time equated classified positions................ 63.6 63.6
Accountability services operations-63.6 FTE
positions... $ 14,559,500 $ 14,559,500
GROSS APPROPRIATION...................................... $ 14,559,500 $ 14,559,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,657,600 12,657,600
Special revenue funds:
State general fund/general purpose...................... $ 1,901,900 $ 1,901,900
Sec. 5-113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions................ 74.6 74.6
Adolescent and school health............................ $ 321,400 $ 321,400
School support services operations-74.6 FTE
positions... 13,724,200 13,724,200
GROSS APPROPRIATION...................................... $ 14,045,600 $ 14,045,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,621,800 12,621,800
Special revenue funds:
Other state restricted revenues......................... 71,700 71,700
State general fund/general purpose...................... $ 1,352,100 $ 1,352,100
Sec. 5-114. EDUCATIONAL SUPPORTS
Full-time equated classified positions................ 82.7 82.7
Educational supports operations-82.7 FTE
positions...... $ 16,863,100 $ 16,863,100
GROSS APPROPRIATION...................................... $ 16,863,100 $ 16,863,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,764,500 12,764,500
Special revenue funds:
Other state restricted revenues......................... 602,400 602,400
State general fund/general purpose...................... $ 3,496,200 $ 3,496,200
Sec. 5-115. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions................ 28.0 28.0
Career and technical education operations-28.0
FTE
positions.............................................. $ 5,382,500 $ 5,382,500
GROSS APPROPRIATION...................................... $ 5,382,500 $ 5,382,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 4,012,300 4,012,300
Special revenue funds:
State general fund/general purpose...................... $ 1,370,200 $ 1,370,200
Sec. 5-116. LIBRARY OF MICHIGAN
Full-time equated classified positions................ 33.0 33.0
Library of Michigan operations-31.0 FTE
positions....... $ 5,035,600 $ 5,035,600
Library services and technology program-1.0
FTE
position............................................... 5,614,000 5,614,000
Michigan eLibrary-1.0 FTE position...................... 1,727,700 1,727,700
Renaissance zone reimbursements......................... 2,200,000 2,200,000
State aid to libraries................................... 13,067,700 13,067,700
GROSS APPROPRIATION...................................... $ 27,645,000 $ 27,645,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 5,614,000 5,614,000
Special revenue funds:
Other state restricted revenues......................... 300,000 300,000
State general fund/general purpose...................... $ 21,731,000 $ 21,731,000
Sec. 5-117. PARTNERSHIP DISTRICT SUPPORT
Full-time equated classified positions................ 13.0 13.0
Partnership district support operations-13.0
FTE
positions.............................................. $ 3,535,900 $ 3,535,900
GROSS APPROPRIATION...................................... $ 3,535,900 $ 3,535,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 114,500 114,500
Special revenue funds:
State general fund/general purpose...................... $ 3,421,400 $ 3,421,400
Sec. 5-118. ONE-TIME APPROPRIATIONS
Child development and care public assistance............ $ 78,000,000 $ 0
GROSS APPROPRIATION...................................... $ 78,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 78,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
5-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $178,678,500.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $15,267,700.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF EDUCATION
Renaissance zone reimbursements........................................ $ 2,200,000
State aid to libraries................................................. 13,067,700
TOTAL................................................................... $ 15,267,700
Sec.
5-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
5-203. As used in this article:
(a)
"Department" means the Michigan department of education.
(b)
"DHHS" means the Michigan department of health and human services.
(c)
"District" means a local school district as that term is defined in
section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a public
school academy as that term is defined in section 5 of the revised school code,
1976 PA 451, MCL 380.5.
(d)
"FTE" means full-time equated.
(e)
"HHS" means the United States Department of Health and Human
Services.
Sec.
5-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
5-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
5-206. To the extent permissible under the management and budget act, the state
superintendent of public instruction shall take all reasonable steps to ensure
businesses in deprived and depressed communities compete for and perform
contracts to provide services or supplies, or both. The state superintendent of
public instruction shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and deprived
communities for services, supplies, or both.
Sec.
5-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
5-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
5-209. 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 and the senate and house fiscal agencies.
Sec.
5-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $700,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $250,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $3,000,000.00 for private contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
Sec.
5-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
5-212. 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 senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2021 and September 30, 2022.
Sec.
5-213. 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.
5-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2022 are estimated at
$13,773,400.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $7,716,600.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$6,056,800.00.
Sec.
5-215. The department shall provide through the internet the state board of
education agenda and all supporting documents, and shall notify the state
budget director and the senate and house fiscal agencies that the agenda and
supporting documents are available on the internet, at the time the agenda and
supporting documents are provided to state board of education members.
Sec.
5-217. The department may assist the department of health and human services,
other departments, intermediate school districts, and local school districts to
secure reimbursement for eligible services provided in Michigan schools from
the federal Medicaid program. The department may submit reports of direct
expenses related to this effort to the department of health and human services
for reimbursement.
Sec.
5-220. The department shall post on its website a link to the federal Institute
of Education Sciences' What Works Clearinghouse. The department also shall work
to disseminate knowledge about the What Works Clearinghouse to districts and
intermediate districts so that it may be used to improve reading proficiency
for pupils in grades K to 3.
Sec.
5-226. From the funds appropriated in part 1, the department shall coordinate
with the other departments to streamline state services and resources, reduce
duplication, and increase efficiency. This includes, but is not limited to,
working with the department of treasury to coordinate with the financial
independence team and overseeing deficit districts and working with the
department of health and human services and department of licensing and
regulatory affairs to coordinate with early childhood programs and overseeing
child care providers.
Sec.
5-228. In collaboration with the DHHS, the department shall promote and support
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.
(c)
Age-appropriate education and information on sexual abuse prevention.
Sec.
5-232. From the funds appropriated in part 1, the department shall ensure that
the most recently issued report of regional in-demand occupations issued by the
department of technology, management, and budget is distributed in electronic
or paper form to all high schools in each school district, intermediate school
district, and public school academy.
Sec.
5-233. (1) From the funds appropriated in part 1 for educator excellence,
$1,775,000 shall be used to develop and implement a training program to provide
resources and programming to pupils in grades 9 to 12 who are interested in a
career in teaching and who are members of groups that are underrepresented in
the teaching profession in this state.
(2)
The department shall do all of the following with respect to the training
program developed and implemented under subsection (1):
(a)
Recruit districts to make the program available for their students and
implement a competitive grant to support program costs.
(b)
Advertise the program.
(c)
Provide districts with resources to invite postsecondary institutions in this
state that operate a teacher preparation program to participate in the training
program.
(d)
Provide districts with resources to connect pupils participating in the program
to representatives of teacher preparation programs at postsecondary
institutions in this state.
(e)
At least once, conduct conferences for pupils participating in the district
programs in at least three locations that are geographically convenient for the
majority of pupils attending each conference.
(f)
Provide all available research and resources to districts offering the training
program on at least all of the following:
(i)
Successful activities and programs for recruiting and retaining pupils who are
members of groups that are underrepresented in the teaching profession for
participation in postsecondary teacher preparation programs.
(ii)
Teacher certification.
(iii)
Employment as a teacher.
STATE BOARD/OFFICE OF THE
SUPERINTENDENT
Sec.
5-301. (1) The appropriations in part 1 may be used for per diem payments to
the state board for meetings at which a quorum is present or for performing
official business authorized by the state board. The per diem payments shall be
at a rate as follows:
(a)
State board of education - president - $110.00 per day.
(b)
State board of education - member other than president - $100.00 per day.
(2)
A state board of education member shall not be paid a per diem for more than 30
days per year.
SPECIAL EDUCATION SERVICES
Sec.
5-350. From the funds in part 1 for special education operations, the
department shall use $100,000.00 to design and distribute to all parents and
legal guardians of a student with a disability information about federal and
state mandates regarding the rights and protections of students with
disabilities, including, but not limited to, individualized education programs
to ensure that parents and legal guardians are fully informed about laws,
rules, procedural safeguards, problem-solving options, and any other
information the department determines is necessary so that parents and legal
guardians may be able to provide meaningful input in collaboration with
districts to develop and implement an individualized education program.
Sec.
5-351. From the funds appropriated in part 1 for special education operations,
$1,500,000.00 is allocated to an association for administrators of special
education services to develop content for use by special education students,
teachers, and others. Any content that is developed shall be accessible
throughout the state of Michigan. The funds may be used to support the
development of assessment tools to measure the needs of students with special
education needs in remote learning environments and the effectiveness of
various educational methods and tools, in collaboration with the department.
Funds are available to identify any available federal funds for research
related to special education in remote learning.
MICHIGAN SCHOOLS FOR THE DEAF AND
BLIND
Sec.
5-401. The employees at the Michigan Schools for the Deaf and Blind who work on
a school-year basis are considered annual employees for purposes of service
credits, retirement, and insurance benefits.
Sec.
5-402. For each student enrolled at the Michigan Schools for the Deaf and
Blind, the department shall assess the intermediate school district of
residence 100% of the cost of operating the student's instructional program.
The amount shall exclude room and board related costs and the cost of weekend
transportation between the school and the student's home.
Sec.
5-406. (1) The Michigan Schools for the Deaf and Blind may promote its
residential program as a possible appropriate option for children who are deaf
or hard of hearing or who are blind or visually impaired. The Michigan Schools
for the Deaf and Blind shall distribute information detailing its services to
all intermediate school districts in this state.
(2)
Upon knowledge of or recognition by an intermediate school district that a
child in the district is deaf or hard of hearing or blind or visually impaired,
the intermediate school district shall provide to the parents of the child the
literature distributed by the Michigan Schools for the Deaf and Blind to
intermediate school districts under subsection (1).
(3)
Parents will continue to have a choice regarding the educational placement of
their deaf or hard-of-hearing children.
Sec.
5-407. Revenue received by the Michigan Schools for the Deaf and Blind from
gifts, bequests, and donations that is unexpended at the end of the state
fiscal year may be carried over to the succeeding fiscal year and shall not
revert to the general fund.
Sec.
5-408. (1) The funds appropriated in part 1 for the low incidence outreach fund
are appropriated from money collected by the Michigan Schools for the Deaf and
Blind and the low incidence outreach program for providing qualified services
and may be used for any expenses necessary to provide the qualified services.
Any money that is unexpended at the end of the current fiscal year may be carried
forward into the succeeding fiscal year.
(2)
As used in this section, "qualified services" means document
reproduction and services; conducting conferences, workshops, and training
classes; and providing specialized equipment, facilities, and software.
EDUCATOR EXCELLENCE
Sec.
5-503. From the funds appropriated in part 1, the department shall, upon
request, consult with the Michigan Virtual Learning Research Institute and
external stakeholders in connection with the department's implementation and
administration of professional development training described in section 35a of
the state school aid act of 1979, 1979 PA 94, MCL 388.1635a, including, but not
limited to, the online training of educators of pupils in grades K to 3
described in that section.
Sec.
5-506. Revenue received from teacher testing fees that is unexpended at the end
of the current fiscal year may be carried over to the succeeding fiscal year
and shall not revert to the general fund.
Sec.
5-507. From the funds appropriated in part 1, the department shall adopt a
teacher certification test that ensures that all newly certified elementary
teachers have the skills to deliver evidence-based literacy instruction. The
department may use teacher certification or teacher testing fee revenue to the
extent allowable under law to implement this section, or may pass along
increased testing fees to teachers as allowable and appropriate.
SCHOOL SUPPORT SERVICES
Sec.
5-601. From the funds appropriated in part 1 for adolescent and school health,
there is appropriated $321,400.00 to replace federal funding reductions from
the HHS - Centers for Disease Control and Prevention to the department and
section 39a(2)(a) of the state school aid act of 1979, 1979 PA 94, MCL
388.1639a.
EDUCATIONAL SUPPORTS
Sec.
5-701. (1) From the funds appropriated in part 1 for educational supports, the
department shall produce a report detailing the progress made by districts with
grades K to 12 receiving at-risk funding under section 31a of the state school
aid act of 1979, 1979 PA 94, MCL 388.1631a, in implementing multitiered systems
of supports in the prior school fiscal year for grades K to 12, and in
providing reading intervention services described in section 1280f of the
revised school code, 1976 PA 451, MCL 380.1280f, for pupils in grades K to 12.
(2)
The report described in subsection (1) shall include, at a minimum:
(a)
A description of the training, coaching, and technical assistance offered by
the department to districts to support the implementation of effective
multitiered systems of supports and reading intervention programs.
(b)
A list of districts determined by the department to have successfully
implemented multitiered systems of supports and reading intervention programs.
(c)
A list of best practices that the department has identified that may be used by
districts to implement multitiered systems of supports and reading intervention
programs.
(d)
Other information the department determines would be useful to understanding
the status of districts' implementation of effective multitiered systems of
supports and reading intervention programs.
(3)
The department shall provide the report described in subsection (1) to the
state budget director, the house and senate subcommittees that oversee the
department of education and school aid budgets, and the house and senate fiscal
agencies by September 30, 2022.
Sec.
5-702. From the funds appropriated in part 1, there is appropriated an amount
not to exceed $1,000,000.00 for implementation costs associated with programs
for early childhood literacy funded under section 35a of the state school aid
act of 1979, 1979 PA 94, MCL 388.1635a.
LIBRARY OF MICHIGAN
Sec.
5-801. (1) The funds appropriated in part 1 for library fees are appropriated
from money collected by the Library of Michigan for providing qualified
services and may be used for any expenses necessary to provide the qualified
services. Any money that is unexpended at the end of the current fiscal year
may be carried forward into the succeeding fiscal year.
(2)
As used in this section, "qualified services" means document
reproduction and services; conducting conferences, workshops, and training
classes; and providing specialized equipment, facilities, and software.
Sec.
5-804. (1) The funds appropriated in part 1 for renaissance zone reimbursements
shall be used to reimburse public libraries under section 12 of the Michigan
renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2021. The
allocations shall be made not later than 60 days after the department of
treasury certifies to the department and to the state budget director that the
department of treasury has received all necessary information to properly
determine the amounts due to each eligible recipient.
(2)
If the amount appropriated under this section is not sufficient to fully pay
obligations under this section, payments shall be prorated on an equal basis
among all eligible public libraries.
MICHIGAN OFFICE OF GREAT START
Sec.
5-1002. The department shall ensure that the final child development and care
provider reimbursement rates are published on the department and Great Start to
Quality webpages.
Sec.
5-1007. (1) From the funds appropriated in part 1 for office of great start
operations, the department shall create progress reports that shall include,
but are not limited to, the following:
(a)
Both the on-site and off-site activities that are intended to improve child
care provider quality and the number of times those activities are performed by
the licensing consultants.
(b)
How many on-site visits a single licensing consultant has made since the start
of the current fiscal year.
(c)
The types of on-site visits and the number of visits for each type that a
single consultant has made since the start of the current fiscal year.
(d)
The number of providers that have improved their quality rating since the start
of the current fiscal year compared to the same time period in the preceding
fiscal year, reported as the number of providers in each regional prosperity
zone.
(e)
The types of activities that are intended to improve licensing consultant
performance and child care provider quality and the number of times those
activities are performed by the managers and administrators.
(2)
The progress reports shall be sent to the state budget director, the house and
senate subcommittees that oversee the department of education, and the house
and senate fiscal agencies by April 1, 2022 and September 30, 2022.
Sec.
5-1008. From the amount appropriated in part 1 for office of great start
operations, the department shall ensure efficient service provisions to
coordinate services provided to families for home visits, reduce duplication of
state services and spending, and increase efficiencies including the home
visits funded under section 32p of the state school aid act of 1979, 1979 PA
94, MCL 388.1632p, and work with the department of health and human services as
necessary.
Sec.
5-1009. From the funds appropriated in part 1 for child development and care
public assistance, the income entrance eligibility threshold for the child
development and care program is set to 200% of the federal poverty guidelines.
Sec.
5-1011. (1) From the funds appropriated in part 1 for child development and
care public assistance, the department shall implement a biweekly block
reimbursement rate schedule through the following block segments:
(a)
The block segment for a biweekly block reimbursement rate schedule for child
care centers, group homes, and registered family homes, for paid part-time plus
hours between 1 to 30 hours, shall be reimbursed at the hourly reimbursement
rate.
(b)
The block segment for a biweekly block reimbursement rate schedule for child
care centers, group homes, and registered family homes, for paid part-time plus
hours between 31 to 60 hours, shall be reimbursed as 60 hours.
(c)
The block segment for a biweekly block reimbursement rate schedule for child
care centers, group homes, and registered family homes, for paid full-time plus
hours between 61 to 80 hours, shall be reimbursed as 80 hours.
(d)
The block segment for a biweekly block reimbursement rate schedule for child
care centers, group homes, and registered family homes, for paid full-time plus
hours between 81 to 90 hours, shall be reimbursed as 90 hours.
(e)
The block segment for a biweekly block reimbursement rate schedule for license
exempt providers shall be reimbursed at their current hourly reimbursement
rates.
Article 6
DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
6-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of environment, great lakes, and energy are
appropriated for the fiscal year ending September 30, 2022, and are anticipated
to be appropriated for the fiscal year ending September 30, 2023, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 1,460.0 1,460.0
GROSS APPROPRIATION...................................... $ 906,016,900 $ 511,716,900
Total interdepartmental grants and
interdepartmental
transfers.............................................. 3,544,900 3,544,900
ADJUSTED GROSS APPROPRIATION............................ $ 902,472,000 $ 508,172,000
Total federal revenues................................... 171,889,200 171,889,200
Total local revenues..................................... 0 0
Total private revenues................................ . 1,411,200 1,411,200
Total other state restricted revenues................... 600,471,200 281,171,200
State general fund/general purpose...................... $ 128,700,400 $ 53,700,400
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 53,700,400 53,700,400
One-time state general fund/general purpose.......... 75,000,000 0
Sec. 6-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 106.0 106.0
Unclassified salaries-6.0 FTE positions................. $ 853,700 $ 853,700
Accounting service center................................ 1,463,500 1,463,500
Administrative hearings officers........................ 910,000 910,000
Environmental investigations-12.0 FTE
positions......... 2,549,100 2,549,100
Environmental support-56.0 FTE positions................ 8,379,400 8,379,400
Environmental support projects.......................... 6,000,000 6,000,000
Executive direction-14.0 FTE positions.................. 2,340,200 2,340,200
Facilities management.................................... 1,000,000 1,000,000
Financial support-24.0 FTE positions.................... 3,471,200 3,471,200
Property management...................................... 8,715,500 8,715,500
GROSS APPROPRIATION...................................... $ 35,682,600 $ 35,682,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 87,400 87,400
IDG from department of transportation................... 122,600 122,600
Federal revenues:
Other federal revenues................................... 604,700 604,700
Special revenue funds:
Private revenues......................................... 750,800 750,800
Other state restricted revenues......................... 26,538,200 26,538,200
State general fund/general purpose...................... $ 7,578,900 $ 7,578,900
Sec. 6-103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions................ 15.0 15.0
Great Lakes restoration initiative-9.0 FTE
positions.... $ 7,591,300 $ 7,591,300
Office of the Great Lakes-6.0 FTE positions............. 822,500 822,500
GROSS APPROPRIATION...................................... $ 8,413,800 $ 8,413,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 7,617,300 7,617,300
Special revenue funds:
Other state restricted revenues......................... 505,000 505,000
State general fund/general purpose...................... $ 291,500 $ 291,500
Sec. 6-104. WATER RESOURCES DIVISION
Full-time equated classified positions................ 372.0 372.0
Aquatic nuisance control program-6.0 FTE
positions...... $ 958,800 $ 958,800
Coastal management grants-7.0 FTE positions............. 2,512,600 2,512,600
Expedited water/wastewater permits-1.0 FTE
position..... 51,200 51,200
Federal - Great Lakes remedial action plan
grants....... 583,800 583,800
Federal - nonpoint source water pollution
grants........ 4,083,300 4,083,300
Fish contaminant monitoring.............................. 316,100 316,100
Great Lakes restoration initiative...................... 3,608,200 3,608,200
Groundwater discharge permit program-22.0 FTE
positions.............................................. 3,343,400 3,343,400
Land and water interface permit programs-119.0
FTE
positions.............................................. 17,897,300 17,897,300
Nonpoint source pollution prevention and
control
project program........................................ 2,000,000 2,000,000
NPDES nonstormwater program-98.0 FTE positions.......... 13,817,600 13,817,600
Program direction and project assistance-27.0
FTE
positions.............................................. 3,237,500 3,237,500
Sewage sludge land application program-7.0 FTE
positions.............................................. 892,300 892,300
Stormwater activities-27.5 FTE positions................ 5,302,600 5,302,600
Surface water-52.5 FTE positions........................ 8,817,500 8,817,500
Technology advancements for water monitoring............ 500,000 500,000
Water quality protection grants......................... 100,000 100,000
Water withdrawal assessment program-5.0 FTE
positions... 842,900 842,900
Wetlands program......................................... 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 69,865,100 $ 69,865,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 1,332,000 1,332,000
Federal revenues:
Other federal revenues................................... 26,625,200 26,625,200
Special revenue funds:
Other state restricted revenues......................... 24,615,800 24,615,800
State general fund/general purpose...................... $ 17,292,100 $ 17,292,100
Sec. 6-106. AIR QUALITY DIVISION
Full-time equated classified positions................ 187.0 187.0
Air quality programs-187.0 FTE positions................ $ 30,416,600 $ 30,416,600
GROSS APPROPRIATION...................................... $ 30,416,600 $ 30,416,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 7,493,200 7,493,200
Special revenue funds:
Other state restricted revenues......................... 14,807,400 14,807,400
State general fund/general purpose...................... $ 8,116,000 $ 8,116,000
Sec. 6-107. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions................ 311.0 311.0
Brownfield grants........................................ $ 1,100,000 $ 1,100,000
Contaminated site investigations, cleanup and
revitalization-130.0 FTE positions..................... 19,079,000 19,079,000
Emergency cleanup actions................................ 2,000,000 2,000,000
Environmental cleanup support........................... 30,300,000 1,000,000
Federal cleanup project management-40.0 FTE
positions... 7,263,600 7,263,600
Laboratory services-42.0 FTE positions.................. 8,420,100 8,420,100
Refined petroleum product cleanup program-99.0
FTE
positions.............................................. 35,123,600 35,123,600
Superfund cleanup........................................ 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 104,286,300 $ 74,986,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,537,900 6,537,900
Special revenue funds:
Other state restricted revenues......................... 97,453,800 68,153,800
State general fund/general purpose...................... $ 294,600 $ 294,600
Sec. 6-108. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions................ 5.0 5.0
Underground storage tank cleanup program-5.0
FTE
positions.............................................. $ 20,069,200 $ 20,069,200
GROSS APPROPRIATION...................................... $ 20,069,200 $ 20,069,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 20,069,200 20,069,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 6-109. RENEWING MICHIGAN'S ENVIRONMENT
Full-time equated classified positions................ 119.0 119.0
Mapping and other support-5.0 FTE positions............. $ 3,995,600 $ 3,995,600
Renewing Michigan's environment program-114.0
FTE
positions.............................................. 69,962,300 69,962,300
GROSS APPROPRIATION...................................... $ 73,957,900 $ 73,957,900
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 69,962,300 69,962,300
State general fund/general purpose...................... $ 3,995,600 $ 3,995,600
Sec. 6-110. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 9,578,700 $ 9,578,700
GROSS APPROPRIATION...................................... $ 9,578,700 $ 9,578,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 25,600 25,600
IDG from department of transportation................... 36,800 36,800
Federal revenues:
Other federal revenues................................... 1,838,700 1,838,700
Special revenue funds:
Private revenues......................................... 15,200 15,200
Other state restricted revenues......................... 5,824,000 5,824,000
State general fund/general purpose...................... $ 1,838,400 $ 1,838,400
Sec. 6-111. CLIMATE AND ENERGY
Full-time equated classified positions................ 3.0 3.0
Office of climate and energy-3.0 FTE positions.......... $ 262,900 $ 262,900
GROSS APPROPRIATION...................................... $ 262,900 $ 262,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 49,700 49,700
Special revenue funds:
Other state restricted revenues......................... 39,700 39,700
State general fund/general purpose...................... $ 173,500 $ 173,500
Sec. 6-112. DRINKING WATER AND ENVIRONMENTAL HEALTH
Full-time equated classified positions................ 125.0 125.0
Drinking water-68.0 FTE positions....................... $ 11,915,600 $ 11,915,600
Drinking water program grants........................... 830,000 830,000
Environmental health-57.0 FTE positions................. 7,321,400 7,321,400
Noncommunity water grants................................ 1,905,700 1,905,700
Septage waste compliance grants......................... 275,000 275,000
GROSS APPROPRIATION...................................... $ 22,247,700 $ 22,247,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 10,555,900 10,555,900
Special revenue funds:
Other state restricted revenues......................... 6,953,000 6,953,000
State general fund/general purpose...................... $ 4,738,800 $ 4,738,800
Sec. 6-113. MATERIALS MANAGEMENT DIVISION
Full-time equated classified positions................ 129.0 129.0
Environmental sustainability and
stewardship-11.0 FTE
positions.............................................. $ 6,224,000 $ 6,224,000
Hazardous waste management program-45.0 FTE
positions... 5,926,800 5,926,800
Low-level radioactive waste authority-2.0 FTE
positions.............................................. 246,200 246,200
Medical waste program-2.0 FTE positions................. 320,100 320,100
Pollution prevention-7.0 FTE positions.................. 2,311,400 2,311,400
Radiological protection program-12.0 FTE
positions...... 2,035,500 2,035,500
Recycling initiative-3.0 FTE positions.................. 1,022,400 1,022,400
Scrap tire grants........................................ 3,500,000 3,500,000
Scrap tire regulatory program-10.0 FTE
positions........ 1,368,900 1,368,900
Solid waste management program-37.0 FTE
positions....... 6,642,300 6,642,300
GROSS APPROPRIATION...................................... $ 29,597,600 $ 29,597,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 1,720,500 1,720,500
Federal revenues:
Other federal revenues................................... 7,143,700 7,143,700
Special revenue funds:
Private revenues......................................... 645,200 645,200
Other state restricted revenues......................... 20,088,200 20,088,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 6-114. OIL, GAS, AND MINERALS DIVISION
Full-time equated classified positions................ 59.0 59.0
Oil, gas, and mineral services-59.0 FTE
positions....... $ 11,630,900 $ 11,630,900
GROSS APPROPRIATION...................................... $ 11,630,900 $ 11,630,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and
regulatory
affairs................................................ 220,000 220,000
Federal revenues:
Other federal revenues................................... 150,000 150,000
Special revenue funds:
Other state restricted revenues......................... 6,879,900 6,879,900
State general fund/general purpose...................... $ 4,381,000 $ 4,381,000
Sec. 6-115. WATER INFRASTRUCTURE
Full-time equated classified positions................ 29.0 29.0
Municipal assistance-29.0 FTE positions................. $ 5,007,600 $ 5,007,600
Water state revolving funds.............................. 120,000,000 120,000,000
GROSS APPROPRIATION...................................... $ 125,007,600 $ 125,007,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 103,272,900 103,272,900
Special revenue funds:
Other state restricted revenues......................... 16,734,700 16,734,700
State general fund/general purpose...................... $ 5,000,000 $ 5,000,000
Sec. 6-116. ONE-TIME APPROPRIATIONS
Contaminated site cleanup................................ $ 20,000,000 $ 0
Dam safety emergency fund................................ 15,000,000 0
High water infrastructure grants........................ 40,000,000 0
MI clean water plan...................................... 290,000,000 0
GROSS APPROPRIATION...................................... $ 365,000,000 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 290,000,000 0
State general fund/general purpose...................... $ 75,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
6-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $729,171,600.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $326,521,000.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
Surface water.......................................................... $ 160,000
Technology advancements for water monitoring........................... 500,000
Brownfield grants...................................................... 1,000,000
Emergency cleanup actions.............................................. 116,000
Refined petroleum product cleanup program.............................. 5,000,000
Renewing Michigan's environment program................................ 20,000,000
Environmental health................................................... 400,000
Noncommunity water grants.............................................. 1,900,000
Septage waste compliance grants........................................ 125,000
Environmental sustainability and stewardship........................... 250,000
Medical
waste program.................................................. 70,000
Scrap tire grants...................................................... 2,000,000
High water infrastructure grants....................................... 40,000,000
MI clean water plan.................................................... 255,000,000
TOTAL................................................................... $ 326,521,000
Sec.
6-202. The appropriations authorized under this article are subject to the management
and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
6-203. As used in this article:
(a)
"Department" means the department of environment, Great Lakes, and
energy.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
(e)
"NPDES" means national pollution discharge elimination system.
Sec.
6-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
6-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
6-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
6-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
6-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
6-209. 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 and the senate and house fiscal agencies.
Sec.
6-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $30,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $5,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
6-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
6-212. 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 senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2021 and September 30, 2022.
Sec.
6-213. 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.
6-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2022 are estimated at
$33,648,000.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $18,851,400.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$14,796,600.00.
Sec.
6-222. (1) The department shall report all of the following information
relative to allocations made from appropriations for the environmental cleanup
and redevelopment program, state cleanups, emergency actions, superfund
cleanups, the revitalization revolving loan program, the brownfield grants and
loans program, the leaking underground storage tank cleanup program, the
contaminated lake and river sediments cleanup program, the refined petroleum
product cleanup program, and the environmental protection bond projects under
section 19508(7) of the natural resources and environmental protection act,
1994 PA 451, MCL 324.19508, to the state budget director, the senate and house
appropriations subcommittees on environmental quality, and the senate and house
fiscal agencies:
(a)
The name and location of the site for which an allocation is made.
(b)
The nature of the problem encountered at the site.
(c)
A brief description of how the problem will be resolved if the allocation is
made for a response activity.
(d)
The estimated date that site closure activities will be completed.
(e)
The amount of the allocation, or the anticipated financing for the site.
(f)
A summary of the sites and the total amount of funds expended at the sites by
September 30, 2022.
(g)
The number of brownfield projects that were successfully redeveloped.
(2)
The report prepared under subsection (1) shall also include all of the
following:
(a)
The status of all state-owned facilities that are on the list compiled under
section 20108c of the natural resources and environmental protection act, 1994
PA 451, MCL 324.20108c.
(b)
The report shall include the total amount of funds expended during the fiscal
year and the total amount of funds awaiting expenditure.
(c)
The total amount of bonds issued for the environmental protection bond program
pursuant to part 193 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3)
The report shall be made available by March 31 of each year.
Sec.
6-223. (1) The department may expend amounts remaining from the current and
prior fiscal year appropriations to meet funding needs of legislatively
approved sites for the environmental cleanup and redevelopment program, the
refined petroleum product cleanup program, brownfield grants and loans,
waterfront grants, and the environmental bond site reclamation program.
(2)
Unexpended and unencumbered amounts remaining from appropriations from the
environmental protection bond fund contained in 2003 PA 173, 2005 PA 109, 2006
PA 343, 2011 PA 63, and 2012 PA 236 are appropriated for expenditure for any
site listed in this part and part 1 and any site listed in the public acts
referenced in this section.
(3)
Unexpended and unencumbered amounts remaining from appropriations from the
clean Michigan initiative fund - response activities contained in 2000 PA 52,
2004 PA 309, 2005 PA 11, 2006 PA 343, 2007 PA 121, 2011 PA 63, 2013 PA 59, 2014
PA 252, 2015 PA 84, 2016 PA 268, and 2017 PA 107 are appropriated for
expenditure for any site listed in this part and part 1 and any site listed in
the public acts referenced in this section.
(4)
Unexpended and unencumbered amounts remaining from appropriations from the
refined petroleum fund activities contained in 2007 PA 121, 2008 PA 247, 2009
PA 118, 2010 PA 189, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA
84, 2016 PA 268, 2017 PA 107, 2018 PA 207, 2019 PA 57, and 2020 PA 166 are
appropriated for expenditure for any site listed in this part and part 1 and
any site listed in the public acts referenced in this section.
(5)
Unexpended and unencumbered amounts remaining from the appropriations from the
strategic water quality initiatives fund contained in 2011 PA 50, 2011 PA 63,
2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, and
2018 PA 207 are appropriated for expenditure for any site listed in this part
and part 1 and any site listed in the public acts referenced in this section.
Sec.
6-224. Unexpended settlement revenues at the end of the fiscal year may be
carried forward into the settlement fund in the succeeding fiscal year up to a
maximum carryforward of $2,500,000.00.
Sec.
6-235. The department shall prepare an annual report to the legislature by
March 31 that details all of the following for each of the allocations from the
clean Michigan initiative bond fund as described in section 19607(1)(a) to (i)
of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19607:
(a)
The progress of each project funded in each category.
(b)
The current cost to date of each project funded in each category.
(c)
The estimated remaining cost of each project funded in each category.
(d)
The remaining balance of money in the fund allocated for each category.
(e)
The total debt obligation on all clean Michigan initiative bonds and the length
of time remaining until full bond repayment is achieved.
Sec.
6-236. The department shall provide a report detailing the expenditure of departmental
funds appropriated in 2015 PA 143, 2016 PA 3, 2016 PA 268, and 2016 PA 340. The
report shall include the following:
(a)
The names and locations of entities receiving funds.
(b)
The purpose for each expenditure.
(c)
The status of programs supported by this funding.
(d)
A brief description of how related problems have been or will be resolved if
expenditures are made for immediate response.
(e)
The job titles and number of departmental FTEs engaged in the Flint declaration
of emergency response effort.
REMEDIATION AND REDEVELOPMENT
DIVISION
Sec.
6-301. Revenues remaining in the laboratory services fees fund at the end of
the fiscal year shall carry forward into the succeeding fiscal year.
Sec.
6-308. The unexpended funds appropriated in part 1 for emergency cleanup
actions, emergency cleanup support, and the refined petroleum product cleanup
program are designated as work project appropriations, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until the projects
have 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 projects is to provide contaminated site cleanup.
(b)
The projects will be accomplished by utilizing contracts with service
providers.
(c)
The total estimated cost of all projects is identified in each line-item
appropriation.
(d)
The tentative completion date is September 30, 2026.
Sec.
6-310. (1) Upon approval by the state budget director, the department may
expend from the general fund of the state an amount to meet the cash-flow
requirements of projects funded under any of the following that are financed
from bond proceeds and for which bonds have been authorized but not yet issued:
(a)
Part 52 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.5201 to 324.5206.
(b)
Part 193 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.19301 to 324.19306.
(c)
Part 196 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.19601 to 324.19616.
(2)
Upon the sale of bonds for projects described in subsection (1), the department
shall credit the general fund of the state an amount equal to that expended
from the general fund.
Sec.
6-312. The unexpended funds appropriated in part 1 for environmental cleanup
support are designated as a work project appropriation, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until the projects
have 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 contaminated site cleanup.
(b)
The project will be accomplished by utilizing contracts with service providers.
(c)
The total estimated cost of the project is $29,300,000.00.
(d)
The tentative completion date is September 30, 2026.
Sec.
6-315. In addition to the money appropriated in part 1, the department may
receive and expend money from the Environmental Response Fund, MCL 324.20108(4)
or the Natural Resource Damages Fund, MCL 324.20108(3) to provide funding for
actions by the department that are authorized by a court of competent
jurisdiction and set forth in a final court order or judgment in an action to
which the department is a party. The department shall prepare an annual report
to the appropriations subcommittees, the fiscal agencies, and the state budget
office by February 1, 2023 providing a summary of the expenditures incurred
under this section during the fiscal year ending September 30, 2022.
WATER RESOURCES DIVISION
Sec.
6-401. From the funds appropriated in part 1 for land and water interface
permit programs, not less than $350,000.00 is allocated for dam safety
programs. These amounts are in addition to any funding utilized for this
purpose in the fiscal year ending September 30,2021.
Sec.
6-405. If a certified health department does not exist in a city, county, or
district or does not fulfill its responsibilities under part 117 of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.11701 to
324.11720, then the department may spend funds appropriated in part 1 under the
septage waste compliance program in accordance with section 11716 of the
natural resources and environmental protection act, 1994 PA 451, MCL 324.11716.
Sec.
6-410. From the funds appropriated in part 1, the department shall compile a
report by November 1 on the status of the implementation plan for the western
Lake Erie basin collaborative agreement. In an effort to learn more about the
presence and timing of harmful algal blooms, the report shall contain all of
the following:
(a)
An estimated cost of removal of total phosphorus per pound at the 4 major
wastewater treatment plants.
(b)
A description of the grants that have been awarded.
(c)
A description of the work that has commenced on the issue of dissolved reactive
phosphorus, the expected objectives and outcomes of that work, and a list of
the parties involved in that effort.
(d)
A description of the efforts and outcomes aimed at the total phosphorus
reduction for the River Raisin watershed.
UNDERGROUND STORAGE TANK AUTHORITY
Sec.
6-701. The unexpended funds appropriated in part 1 for the underground storage
tank cleanup program are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year
and shall be available for expenditures for projects under this section until
the projects have 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 contaminated site cleanup.
(b)
The project will be accomplished by utilizing contracts with service providers.
(c)
The total estimated cost of the project is $20,000,000.00.
(d)
The tentative completion date is September 30, 2026.
MATERIALS MANAGEMENT DIVISION
Sec.
6-901. In addition to the money appropriated in part 1, the department may
receive and expend money from the Volkswagen Environmental Mitigation Trust
Agreement to provide funding for activities as outlined within the State's
Mitigation Plan. The department shall prepare an annual report to the
appropriations subcommittees, the fiscal agencies, and the state budget office
by February 1, 2023 of the expenditures incurred under this section during the
fiscal year ending September 30, 2022.
ONE-TIME APPROPRIATIONS
Sec.
6-1005. The unexpended funds appropriated in part 1 for dam safety emergency
fund are designated as a work project appropriation, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until the projects
have 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 for activities necessary to address an imminent
threat or significant risk associated with dams, including investigations under
section 31518 of the natural resources and environmental protection act, 1994
PA 451, and emergency actions under section 31521 of the natural resources and
environmental protection act, 1994 PA 451.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of the project is $15,000,000.00.
(d)
The tentative completion date is September 30, 2026.
Sec.
6-1006. (1) From the appropriations in part 1 for high water infrastructure
grants, the department shall develop a competitive grant program to support the
planning efforts of local communities to prepare for and strengthen their
resiliency in relation to severe weather events and the effects of changing
climate conditions, as well as, provide infrastructure grants that directly
address the impacts and vulnerabilities presented by those adverse conditions.
(2)
A total of $10,000,000.00 of these funds shall be designated for planning
grants that focus on the development of the following:
(a)
Local climate action plans.
(b)
Resiliency plans for communities impacted by high water levels and coastal
erosion.
(c)
Resiliency plans for communities with undersized infrastructure such as
culverts or sanitary storm sewers.
(d)
Zoning/planning ordinances for communities to prevent climate impacts and adopt
climate mitigation tools.
(3)
A total of $30,000,000.00 of these funds shall be designated for infrastructure
grants that focus on, but are not limited to, projects that address flooding,
coastline erosion, transportation networks, urban heat, and storm water management.
(4)
Eligible participants to this grant program are regional councils of government
and local units of government. A local unit of government may act as a primary
project sponsor and fiduciary for a grant that includes partnerships or
consortiums with other public or non-profit organizations.
(5)
No one planning grant may exceed $200,000.00, and no one infrastructure grant
may exceed $2,500,000.00. A 20% match is required for all grants.
(6)
The department shall develop the grant program, selection criteria, timelines,
reporting and other requirements. Grant program information will be published
in an accessible location on the department's internet site. The department may
partner with other state agencies as necessary to develop and operate the
program.
Sec.
6-1007. The unexpended funds appropriated in part 1 for the MI clean water plan
are designated as a work project appropriation, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until the projects
have 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 local water infrastructure grants.
(b)
The project will be accomplished by utilizing contracts with service providers.
(c)
The total estimated cost of the project is $290,000,000.00.
(d)
The tentative completion date is September 30, 2026.
Article 7
EXECUTIVE OFFICE
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
7-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the executive office are appropriated for the fiscal year
ending September 30, 2022, and are anticipated to be appropriated for the
fiscal year ending September 30, 2023, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations
in this part:
EXECUTIVE OFFICE
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 79.2 79.2
GROSS APPROPRIATION...................................... $ 7,318,600 $ 7,318,600
Total interdepartmental grants and
interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 7,318,600 $ 7,318,600
Total federal revenues................................... 0 0
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues................... 0 0
State general fund/general purpose...................... $ 7,318,600 $ 7,318,600
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 7,318,600 7,318,600
One-time state general fund/general purpose.......... 0 0
Sec. 7-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 79.2 79.2
Governor-1.0 FTE position................................ $ 159,300 $ 159,300
Lieutenant governor-1.0 FTE position.................... 111,600 111,600
Unclassified salaries-8.0 FTE positions................. 1,401,000 1,401,000
Executive office-79.2 FTE positions..................... 5,646,700 5,646,700
GROSS APPROPRIATION...................................... $ 7,318,600 $ 7,318,600
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 7,318,600 $ 7,318,600
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
7-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $7,318,600.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $0.00.
Article 8
DEPARTMENT OF HEALTH AND HUMAN SERVICES
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
8-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of health and human services are appropriated
for the fiscal year ending September 30, 2022, and are anticipated to be
appropriated for the fiscal year ending September 30, 2023, from the funds
indicated in this part. The following is a summary of the appropriations and
anticipated appropriations in this part:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 15,583.5 15,575.5
GROSS APPROPRIATION...................................... $ 31,647,234,200 $ 31,596,825,000
Total interdepartmental grants and
interdepartmental
transfers.............................................. 13,791,400 13,791,400
ADJUSTED GROSS APPROPRIATION............................ $ 31,633,442,800 $ 31,583,033,600
Total federal revenues................................... 22,910,690,100 22,638,977,000
Total local revenues..................................... 162,680,200 162,680,200
Total private revenues................................... 189,276,500 189,276,500
Total other state restricted revenues................... 3,094,113,000 3,041,699,300
State general fund/general purpose...................... $ 5,276,683,000 $ 5,550,400,600
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 5,228,609,400 5,550,400,600
One-time state general fund/general purpose.......... 48,073,600 0
Sec. 8-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 873.4 873.4
Unclassified salaries-6.0 FTE positions................. $ 1,266,900 $ 1,266,900
Administrative hearings officers........................ 9,834,500 9,834,500
Child welfare institute-42.0 FTE positions.............. 7,848,500 7,848,500
Demonstration projects-7.0 FTE positions................ 7,070,800 7,070,800
Departmental administration and
management-580.4 FTE
positions.............................................. 95,283,600 95,283,600
Office of inspector general-197.0 FTE
positions......... 25,366,300 25,366,300
Office of race, equity, diversity, and
inclusion-28.0
FTE positions.......................................... 5,095,500 5,095,500
Property management...................................... 63,784,000 63,784,000
Terminal leave payments.................................. 7,092,100 7,092,100
Training and program support-19.0 FTE
positions......... 2,443,700 2,443,700
Worker's compensation.................................... 7,740,500 7,740,500
GROSS APPROPRIATION...................................... $ 232,826,400 $ 232,826,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 1,888,100 1,888,100
IDG from department of technology, management
and
budget................................................. 600 600
Federal revenues:
Other federal revenues................................... 118,692,600 118,692,600
Special revenue funds:
Local revenues........................................... 86,000 86,000
Private revenues......................................... 3,847,100 3,847,100
Other state restricted revenues....................... . 1,544,900 1,544,900
State general fund/general purpose...................... $ 106,767,100 $ 106,767,100
Sec. 8-103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions................ 193.7 193.7
Child support enforcement operations-187.7 FTE
positions.............................................. $ 20,791,500 $ 20,791,500
Child support incentive payments........................ 24,409,600 24,409,600
Legal support contracts.................................. 113,600,300 113,600,300
State disbursement unit-6.0 FTE positions............... 7,344,600 7,344,600
GROSS APPROPRIATION...................................... $ 166,146,000 $ 166,146,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 142,560,400 142,560,400
Special revenue funds:
State general fund/general purpose...................... $ 23,585,600 $ 23,585,600
Sec. 8-104. COMMUNITY SERVICES AND OUTREACH
Full-time equated classified positions................ 75.6 75.6
Bureau of community services and outreach-24.0
FTE
positions.............................................. $ 3,419,700 $ 3,419,700
Child advocacy centers-0.5 FTE position................. 2,407,000 2,407,000
Community services and outreach
administration-18.0
FTE positions.......................................... 2,663,700 2,663,700
Community services block grant.......................... 25,840,000 25,840,000
Crime victim grants administration
services-17.0 FTE
positions.............................................. 3,001,300 3,001,300
Crime victim justice assistance grants.................. 98,579,300 98,579,300
Crime victim rights services grants..................... 19,869,900 19,869,900
Domestic violence prevention and
treatment-15.6 FTE
positions.............................................. 18,255,500 18,255,500
Homeless programs........................................ 23,282,500 23,282,500
Housing and support services............................ 13,031,000 13,031,000
Human trafficking intervention services................. 200,000 200,000
Rape prevention and services-0.5 FTE position........... 5,097,300 5,097,300
Runaway and homeless youth grants....................... 7,784,000 7,784,000
School success partnership program...................... 525,000 525,000
Uniform statewide sexual assault evidence kit
tracking
system................................................. 800,000 800,000
Weatherization assistance................................ 15,505,000 15,505,000
GROSS APPROPRIATION...................................... $ 240,261,200 $ 240,261,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 195,084,200 195,084,200
Special revenue funds:
Other state restricted revenues......................... 24,988,300 24,988,300
State general fund/general purpose...................... $ 20,188,700 $ 20,188,700
Sec. 8-105. CHILDREN'S SERVICES AGENCY - CHILD WELFARE
Full-time equated classified positions................ 4,095.2 4,095.2
Adoption subsidies....................................... $ 195,265,600 $ 195,265,600
Adoption support services-10.0 FTE positions............ 33,018,300 33,018,300
Attorney general contract................................ 5,191,100 5,191,100
Child abuse and neglect - children's justice
act-1.0
FTE position........................................... 624,200 624,200
Child care fund.......................................... 262,769,100 268,519,100
Child care fund - indirect cost allotment............... 3,500,000 3,500,000
Child protection......................................... 1,050,300 1,050,300
Child welfare administration travel..................... 390,000 390,000
Child welfare field staff - caseload
compliance-
2,581.0 FTE positions.................................. 262,315,900 262,315,900
Child welfare field staff - noncaseload
compliance-
353.0 FTE positions.................................... 40,279,000 40,279,000
Child welfare first line supervisors-614.0 FTE
positions.............................................. 76,970,000 76,970,000
Child welfare licensing-59.0 FTE positions.............. 7,187,400 7,187,400
Child welfare medical/psychiatric evaluations........... 10,169,800 10,169,800
Children's services administration-196.2 FTE
positions.. 22,329,500 22,329,500
Children's trust fund-12.0 FTE positions................ 4,720,100 4,720,100
Contractual services, supplies, and materials........... 9,567,600 9,567,600
Court appointed special advocates....................... 500,000 500,000
Education planners-15.0 FTE positions................... 1,627,400 1,627,400
Family preservation and prevention services
administration-9.0 FTE positions....................... 1,251,900 1,251,900
Family preservation programs-34.0 FTE
positions......... 56,921,900 56,921,900
Foster care payments..................................... 276,336,300 290,536,300
Guardianship assistance program......................... 10,449,400 10,449,400
Interstate compact....................................... 179,600 179,600
Peer coaches-45.5 FTE positions......................... 6,128,600 6,128,600
Performance based funding implementation-3.0
FTE
positions.............................................. 1,363,100 1,363,100
Performance-based funding model pilot................... 38,871,700 38,871,700
Permanency resource managers-28.0 FTE
positions......... 3,394,800 3,394,800
Prosecuting attorney contracts.......................... 8,142,800 8,142,800
Raise the age fund....................................... 9,150,000 13,300,000
Second line supervisors and technical
staff-126.0 FTE
positions.............................................. 19,374,000 19,374,000
Settlement monitor....................................... 2,219,900 2,219,900
Strong families/safe children........................... 12,564,200 12,564,200
Title IV-E compliance and accountability
office-4.0
FTE positions.......................................... 446,700 446,700
Youth in transition-4.5 FTE positions................... 8,175,700 8,175,700
GROSS APPROPRIATION...................................... $ 1,392,445,900 $ 1,416,545,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 235,200 235,200
Federal revenues:
Other federal revenues................................... 710,642,100 711,525,700
Special revenue funds:
Local revenues........................................... 49,133,900 49,133,900
Private revenues......................................... 1,200,000 1,200,000
Other state restricted revenues......................... 2,895,300 2,895,300
State general fund/general purpose...................... $ 628,339,400 $ 651,555,800
Sec. 8-106. CHILDREN'S SERVICES AGENCY - JUVENILE JUSTICE
Full-time equated classified positions................ 120.5 120.5
Bay pines center-47.0 FTE positions..................... $ 5,742,300 $ 5,742,300
Committee on juvenile justice
administration-2.5 FTE
positions.............................................. 359,500 359,500
Committee on juvenile justice grants.................... 3,000,000 3,000,000
Community support services-3.0 FTE positions............ 2,131,700 2,131,700
County juvenile officers................................. 3,904,300 3,904,300
Juvenile justice, administration and
maintenance-21.0
FTE positions.......................................... 3,731,400 3,731,400
Shawono center-47.0 FTE positions....................... 5,758,900 5,758,900
GROSS APPROPRIATION...................................... $ 24,628,100 $ 24,628,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,554,600 8,554,600
Special revenue funds:
Local revenues........................................... 6,043,800 6,043,800
State general fund/general purpose...................... $ 10,029,700 $ 10,029,700
Sec. 8-107. PUBLIC ASSISTANCE
Full-time equated classified positions................ 3.0 3.0
Emergency services local office allocations............. $ 8,813,500 $ 8,813,500
Family independence program.............................. 74,384,300 74,384,300
Food assistance program benefits........................ 3,032,468,000 3,032,468,000
Food Bank Council of Michigan........................... 2,045,000 2,045,000
Indigent burial.......................................... 4,369,100 4,369,100
Low-income home energy assistance program............... 174,951,600 174,951,600
Michigan energy assistance program-1.0 FTE
position..... 50,000,000 50,000,000
Refugee assistance program-2.0 FTE positions............ 3,054,200 3,054,200
State disability assistance payments.................... 7,058,400 7,058,400
State supplementation.................................... 60,704,000 60,704,000
State supplementation administration.................... 1,806,100 1,806,100
GROSS APPROPRIATION...................................... $ 3,419,654,200 $ 3,419,654,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 3,271,760,700 3,271,760,700
Special revenue funds:
Other state restricted revenues......................... 66,443,900 66,443,900
State general fund/general purpose...................... $ 81,449,600 $ 81,449,600
Sec. 8-108. FIELD OPERATIONS AND SUPPORT SERVICES
Full-time equated classified positions................ 5,767.5 5,767.5
Administrative support workers-221.0 FTE
positions...... $ 13,900,000 $ 13,900,000
Adult services field staff-520.0 FTE positions.......... 60,908,000 60,908,000
Contractual services, supplies, and materials........... 17,595,000 17,595,000
Donated funds positions-238.0 FTE positions............. 28,104,400 28,104,400
Elder law of Michigan MiCAFE contract................... 350,000 350,000
Electronic benefit transfer (EBT)....................... 7,989,000 7,989,000
Employment and training support services................ 4,219,100 4,219,100
Field policy and administration-119.0 FTE
positions..... 18,572,200 18,572,200
Field staff travel....................................... 8,109,900 8,109,900
Food assistance reinvestment-16.0 FTE
positions......... 10,985,000 10,985,000
Medical/psychiatric evaluations......................... 1,120,100 1,120,100
Nutrition education-2.0 FTE positions................... 33,055,900 33,055,900
Pathways to potential-231.0 FTE positions............... 24,803,600 24,803,600
Public assistance field staff-4,420.5 FTE
positions..... 472,327,100 472,327,100
GROSS APPROPRIATION...................................... $ 702,039,300 $ 702,039,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 120,200 120,200
IDG from department of education........................ 7,757,100 7,757,100
Federal revenues:
Other federal revenues................................... 394,215,500 394,215,500
Special revenue funds:
Local revenues........................................... 4,206,200 4,206,200
Private revenues......................................... 9,587,500 9,587,500
State general fund/general purpose...................... $ 286,152,800 $ 286,152,800
Sec. 8-109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions................ 575.4 575.4
Disability determination operations-571.3 FTE
positions.............................................. $ 113,642,200 $ 113,642,200
Retirement disability determination-4.1 FTE
positions... 627,100 627,100
GROSS APPROPRIATION...................................... $ 114,269,300 $ 114,269,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management
and
budget................................................. 803,700 803,700
Federal revenues:
Other federal revenues................................... 109,539,000 109,539,000
Special revenue funds:
State general fund/general purpose...................... $ 3,926,600 $ 3,926,600
Sec. 8-110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND
SPECIAL PROJECTS
Full-time equated classified positions................ 117.0 117.0
Behavioral health program administration-86.0
FTE
positions.............................................. $ 45,797,500 $ 45,797,500
Community substance use disorder prevention,
education, and treatment-9.0 FTE positions............ 78,005,200 78,005,200
Family support subsidy................................... 11,832,400 11,832,400
Federal and other special projects...................... 2,535,600 2,535,600
Gambling addiction-1.0 FTE position..................... 5,514,300 5,514,300
Mental health diversion council......................... 3,850,000 3,850,000
Office of recipient rights-21.0 FTE positions........... 2,856,600 2,856,600
Opioid response activities............................... 67,155,600 67,155,600
Protection and advocacy services support................ 194,400 194,400
GROSS APPROPRIATION...................................... $ 217,741,600 $ 217,741,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 174,866,200 174,866,200
Special revenue funds:
Private revenues......................................... 1,004,700 1,004,700
Other state restricted revenues......................... 7,798,500 7,798,500
State general fund/general purpose...................... $ 34,072,200 $ 34,072,200
Sec. 8-111. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions................ 12.0 12.0
Autism services.......................................... $ 356,875,800 $ 356,875,800
Behavioral health community supports and
services....... 11,221,500 11,221,500
Certified community behavioral health clinic
demonstration.......................................... 25,597,300 25,597,300
Civil service charges.................................... 297,500 297,500
Community mental health non-Medicaid services........... 125,578,200 125,578,200
Federal mental health block grant-5.0 FTE
positions..... 20,595,700 20,595,700
Health homes............................................. 33,005,400 33,005,400
Healthy Michigan plan - behavioral health............... 540,551,700 540,551,700
Medicaid mental health services......................... 3,011,525,500 3,011,525,500
Medicaid substance use disorder services................ 80,988,900 80,988,900
Multicultural integration funding....................... 17,284,900 17,284,900
Nursing home PAS/ARR-OBRA-7.0 FTE positions............. 13,940,400 13,940,400
State disability assistance program substance
use
disorder services...................................... 2,018,800 2,018,800
GROSS APPROPRIATION...................................... $ 4,239,481,600 $ 4,239,481,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,895,302,900 2,850,846,000
Special revenue funds:
Local revenues........................................... 20,380,700 20,380,700
Other state restricted revenues......................... 43,509,100 43,509,100
State general fund/general purpose...................... $ 1,280,288,900 $ 1,324,745,800
Sec. 8-112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL
HEALTH SERVICES
Full-time equated classified positions................ 2,453.6 2,453.6
Caro Regional Mental Health Center -
psychiatric
hospital - adult-542.3 FTE positions................... $ 62,842,000 $ 62,842,000
Center for forensic psychiatry-627.1 FTE
positions...... 97,784,900 97,784,900
Developmental disabilities council and
projects-10.0
FTE positions.......................................... 3,136,100 3,136,100
Gifts and bequests for patient living and
treatment
environment............................................ 1,000,000 1,000,000
Hawthorn Center - psychiatric hospital -
children and
adolescents-292.0 FTE positions........................ 36,963,900 36,963,900
IDEA, federal special education......................... 120,000 120,000
Kalamazoo Psychiatric Hospital - adult-564.8
FTE
positions.............................................. 74,110,700 74,110,700
Purchase of medical services for residents of
hospitals and centers.................................. 445,600 445,600
Revenue recapture........................................ 750,100 750,100
Special maintenance...................................... 924,600 924,600
Walter P. Reuther Psychiatric Hospital -
adult-417.4
FTE positions.......................................... 62,077,700 62,077,700
GROSS APPROPRIATION...................................... $ 340,155,600 $ 340,155,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 45,892,600 45,259,000
Special revenue funds:
Local revenues........................................... 23,134,000 23,134,000
Private revenues......................................... 1,000,000 1,000,000
Other state restricted revenues......................... 15,125,900 15,125,900
State general fund/general purpose...................... $ 255,003,100 $ 255,636,700
Sec. 8-113. HEALTH AND HUMAN SERVICES POLICY AND
INITIATIVES
Full-time equated classified positions................ 39.7 39.7
Bone marrow donor and blood bank programs............... $ 750,000 $ 750,000
Certificate of need program
administration-11.8 FTE
positions.............................................. 2,813,300 2,813,300
Policy and planning administration-20.9 FTE
positions... 8,546,700 8,546,700
Michigan essential health provider...................... 3,519,600 3,519,600
Nurse education and research program-3.0 FTE
positions.. 811,000 811,000
Primary care services-3.0 FTE positions................. 3,791,800 3,791,800
Rural health services-1.0 FTE position.................. 1,555,500 1,555,500
GROSS APPROPRIATION...................................... $ 21,787,900 $ 21,787,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 2,400 2,400
IDG from department of licensing and
regulatory
affairs................................................ 811,000 811,000
IDG from department of treasury......................... 117,700 117,700
Federal revenues:
Other federal revenues................................... 6,261,300 6,261,300
Special revenue funds:
Private revenues......................................... 865,000 865,000
Other state restricted revenues......................... 2,998,400 2,998,400
State general fund/general purpose...................... $ 10,732,100 $ 10,732,100
Sec. 8-114. EPIDEMIOLOGY, EMERGENCY MEDICAL SERVICES, AND
LABORATORY
Full-time equated classified positions................ 416.9 416.9
Bioterrorism preparedness-53.0 FTE positions............ $ 30,675,400 $ 30,675,400
Childhood lead program-4.5 FTE positions................ 2,322,700 2,322,700
Emergency medical services program-20.0 FTE
positions... 6,929,900 6,929,900
Epidemiology administration-82.5 FTE positions.......... 25,445,000 25,445,000
Healthy homes program-21.0 FTE positions................ 32,745,400 32,745,400
Laboratory services-102.0 FTE positions................. 27,346,800 27,346,800
Newborn screening follow-up and treatment
services-
10.5 FTE positions..................................... 7,897,800 7,897,800
PFAS and environmental contamination
response-48.0
FTE positions.......................................... 20,276,600 20,276,600
Vital records and health statistics-75.4 FTE
positions.. 11,244,500 11,244,500
GROSS APPROPRIATION...................................... $ 164,884,100 $ 164,884,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of environment, great
lakes, and
energy................................................. 995,700 995,700
Federal revenues:
Other federal revenues................................... 77,264,800 77,002,800
Special revenue funds:
Private revenues......................................... 342,600 342,600
Other state restricted revenues......................... 31,106,200 31,106,200
State general fund/general purpose...................... $ 55,174,800 $ 55,436,800
Sec. 8-115. LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Full-time equated classified positions................ 157.1 157.1
AIDS prevention, testing, and care
programs-57.5 FTE
positions.............................................. $ 107,940,100 $ 107,940,100
Cancer prevention and control program-18.0 FTE
positions.............................................. 15,813,900 15,813,900
Chronic disease control and health promotion
administration-19.4 FTE positions...................... 8,222,900 8,222,900
Diabetes and kidney program-8.0 FTE positions........... 4,115,900 4,115,900
Essential local public health services.................. 51,419,300 51,419,300
Implementation of 1993 PA 133, MCL 333.17015............ 20,000 20,000
Local health services-3.3 FTE positions................. 8,707,600 8,707,600
Medicaid outreach cost reimbursement to local
health
departments............................................ 12,500,000 12,500,000
Public health administration-9.0 FTE positions.......... 2,025,600 2,025,600
Sexually transmitted disease control
program-20.0 FTE
positions.............................................. 6,168,200 6,168,200
Smoking prevention program-15.0 FTE positions........... 3,851,100 3,851,100
Violence prevention-6.9 FTE positions................... 12,699,000 12,699,000
GROSS APPROPRIATION...................................... $ 233,483,600 $ 233,483,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 87,032,700 87,032,700
Special revenue funds:
Local revenues........................................... 5,150,000 5,150,000
Private revenues......................................... 73,540,400 73,540,400
Other state restricted revenues......................... 10,061,200 10,061,200
State general fund/general purpose...................... $ 57,699,300 $ 57,699,300
Sec. 8-116. FAMILY HEALTH SERVICES
Full-time equated classified positions................ 136.1 136.1
Child and adolescent health care and centers............ $ 9,342,700 $ 9,342,700
Dental programs-5.3 FTE positions....................... 5,023,900 5,023,900
Drinking water declaration of emergency................. 4,621,000 4,621,000
Family planning local agreements........................ 8,810,700 8,810,700
Family, maternal, and child health
administration-55.0
FTE positions.......................................... 10,261,200 10,261,200
Immunization program-15.8 FTE positions................. 19,092,200 19,092,200
Local MCH services....................................... 7,018,100 7,018,100
Pregnancy prevention program............................ 1,464,600 1,464,600
Prenatal care and premature birth avoidance
grant....... 1,000,000 1,000,000
Prenatal care outreach and service delivery
support-
15.0 FTE positions..................................... 36,818,200 36,818,200
Special projects......................................... 6,289,100 6,289,100
Sudden and unexpected infant death and
suffocation
prevention program..................................... 321,300 321,300
Women, infants, and children program
administration
and special projects-45.0 FTE positions............... 18,520,600 18,520,600
Women, infants, and children program local
agreements
and food costs......................................... 231,285,000 231,285,000
GROSS APPROPRIATION...................................... $ 359,868,600 $ 359,868,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 247,433,700 247,433,700
Special revenue funds:
Local revenues........................................... 9,417,700 9,417,700
Private revenues......................................... 62,402,400 62,402,400
Other state restricted revenues......................... 4,046,200 4,046,200
State general fund/general purpose...................... $ 36,568,600 $ 36,568,600
Sec. 8-117. CHILDREN'S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions................ 48.8 48.8
Bequests for care and services-2.8 FTE
positions........ $ 1,837,100 $ 1,837,100
Children's special health care services
administration-46.0 FTE positions...................... 7,946,300 7,946,300
Medical care and treatment............................... 306,839,000 306,839,000
Nonemergency medical transportation..................... 801,200 801,200
Outreach and advocacy.................................... 5,510,000 5,510,000
GROSS APPROPRIATION...................................... $ 322,933,600 $ 322,933,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 182,690,300 179,486,300
Special revenue funds:
Private revenues......................................... 1,015,500 1,015,500
Other state restricted revenues......................... 4,183,300 4,183,300
State general fund/general purpose...................... $ 135,044,500 $ 138,248,500
Sec. 8-118. AGING AND ADULT SERVICES AGENCY
Full-time equated classified positions................ 47.0 47.0
Aging and adult services administration-47.0
FTE
positions.............................................. $ 9,311,600 $ 9,311,600
Community services....................................... 51,780,500 51,780,500
Employment assistance.................................... 3,500,000 3,500,000
Nutrition services....................................... 46,554,200 46,554,200
Respite care program..................................... 6,468,700 6,468,700
Senior volunteer service programs....................... 4,765,300 4,765,300
GROSS APPROPRIATION...................................... $ 122,380,300 $ 122,380,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 65,343,900 65,343,900
Special revenue funds:
Private revenues......................................... 1,020,000 1,020,000
Michigan merit award trust fund......................... 4,068,700 4,068,700
Other state restricted revenues......................... 2,000,000 2,000,000
State general fund/general purpose...................... $ 49,947,700 $ 49,947,700
Sec. 8-119. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions................ 423.0 423.0
Electronic health record incentive program.............. $ 37,477,500 $ 37,477,500
Healthy Michigan plan administration-36.0 FTE
positions.............................................. 31,721,300 31,721,300
Medical services administration-387.0 FTE
positions..... 83,564,400 83,564,400
GROSS APPROPRIATION...................................... $ 152,763,200 $ 152,763,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 115,018,200 115,018,200
Special revenue funds:
Local revenues........................................... 37,700 37,700
Private revenues......................................... 1,001,300 1,001,300
Other state restricted revenues......................... 336,300 336,300
State general fund/general purpose...................... $ 36,369,700 $ 36,369,700
Sec. 8-120. MEDICAL SERVICES
Adult home help services................................. $ 408,390,100 $ 408,390,100
Ambulance services....................................... 9,930,400 9,930,400
Auxiliary medical services............................... 6,676,000 6,676,000
Dental clinic program.................................... 1,000,000 1,000,000
Dental services.......................................... 341,251,900 341,251,900
Federal Medicare pharmaceutical program................. 305,259,000 319,259,000
Health plan services..................................... 6,387,831,600 6,387,831,600
Healthy Michigan plan.................................... 5,088,049,600 5,088,049,600
Home health services..................................... 2,831,000 2,831,000
Hospice services......................................... 147,769,000 147,769,000
Hospital disproportionate share payments................ 45,000,000 45,000,000
Hospital services and therapy........................... 836,974,600 836,974,600
Integrated care organizations........................... 352,289,700 352,289,700
Long-term care services.................................. 2,034,774,600 2,034,774,600
Maternal and child health................................ 32,717,000 32,717,000
Medicaid home- and community-based services waiver...... 438,116,500 438,116,500
Medicare premium payments................................ 703,619,200 703,619,200
Personal care services................................... 8,930,000 8,930,000
Pharmaceutical services.................................. 371,864,000 371,864,000
Physician services....................................... 254,897,000 254,897,000
Program of all-inclusive care for the elderly........... 192,315,900 192,315,900
School-based services.................................... 198,080,300 198,080,300
Special Medicaid reimbursement.......................... 354,314,700 354,314,700
Transportation........................................... 15,394,000 15,394,000
GROSS APPROPRIATION...................................... $ 18,538,276,100 $ 18,563,751,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 13,619,282,100 13,443,788,800
Special revenue funds:
Local revenues........................................... 45,090,200 45,090,200
Private revenues......................................... 7,200,000 7,200,000
Michigan merit award trust fund......................... 57,200,000 37,200,000
Other state restricted revenues......................... 2,810,458,600 2,781,408,600
State general fund/general purpose...................... $ 1,999,045,200 $ 2,249,063,500
Sec. 8-121. INFORMATION TECHNOLOGY
Full-time equated classified positions................ 20.0 20.0
Bridges information system-1.0 FTE position............. $ 63,867,200 $ 63,867,200
Child support automation................................. 43,819,500 43,819,500
Comprehensive child welfare information
system-6.0
FTE positions.......................................... 3,762,200 3,762,200
Information technology services and projects............ 254,364,200 254,364,200
Michigan Medicaid information system-3.0 FTE
positions.. 137,882,200 137,882,200
Michigan statewide automated child welfare
information
system................................................. 21,543,500 21,543,500
Technology supporting integrated service
delivery-10.0
FTE positions.......................................... 15,984,600 15,984,600
GROSS APPROPRIATION...................................... $ 541,223,400 $ 541,223,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 1,059,700 1,059,700
Federal revenues:
Other federal revenues................................... 394,705,400 394,705,400
Special revenue funds:
Private revenues......................................... 25,250,000 25,250,000
Other state restricted revenues......................... 1,984,500 1,984,500
State general fund/general purpose...................... $ 118,223,800 $ 118,223,800
Sec. 8-122. ONE-TIME APPROPRIATIONS
Full-time equated classified positions................ 8.0 0.0
Comprehensive child welfare information
system-6.0 FTE
positions.............................................. $ 16,824,200 $ 0
Cross enrollment expansion-2.0 FTE positions............ 2,500,000 0
E-FMAP redetermination compliance....................... 23,160,000 0
Home health and safety................................... 5,000,000 0
Lead poisoning prevention fund.......................... 10,000,000 0
Long-term care facility supports........................ 37,500,000 0
Policy and planning administration...................... 5,000,000 0
GROSS APPROPRIATION...................................... $ 99,984,200 $ 0
Appropriated from:
Federal revenues:
Other federal revenues................................... 48,546,900 0
Special revenue funds:
Other state restricted revenues......................... 3,363,700 0
State general fund/general purpose...................... $ 48,073,600 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
8-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $8,370,796,000.00 and state spending from state resources to be paid to
local units of government for fiscal year 2022 is $1,743,164,400.00. The
itemized statement below identifies appropriations from which spending to local
units of government will occur:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Departmental administration and management............................. $ 1,000
Child support incentive payments....................................... 9,570,000
Legal support contracts................................................ 4,000
Community services and outreach
administration......................... 1,000
Crime victim rights services grants.................................... 10,813,000
Domestic violence prevention and treatment............................. 226,000
Homeless programs...................................................... 6,000 Housing and support services............................................. 126,000
Child care fund........................................................ 159,000,000
Child care fund - indirect cost allotment.............................. 3,483,000
Child welfare licensing................................................ 84,000
Child welfare medical/psychiatric evaluations.......................... 12,000
Children's trust fund grants........................................... 35,000
Contractual services, supplies, and materials.......................... 8,000
Foster care payments................................................... 1,377,000
Strong families/safe children.......................................... 19,000
Youth in transition.................................................... 4,000
Bay pines center....................................................... 30,000
Community support services............................................. 274,000
Shawono center......................................................... 9,000
Emergency services local office allocations............................ 635,000
Indigent burial........................................................ 3,000
Michigan energy assistance program..................................... 184,000
State disability assistance payments................................... 258,000
Contractual services, supplies, and materials.......................... 23,000
Employment and training support services............................... 9,000
Disability determination operations.................................... 4,000
Behavioral health program administration............................... 343,000
Community substance use disorder prevention,
education, and treatment. 16,753,400
Gambling addiction..................................................... 768,000
Mental health diversion council........................................ 1,348,000
Autism services........................................................ 117,632,400
Certified community behavioral health clinic
demonstration............ 4,500,000
Community mental health non-Medicaid services.......................... 125,578,200
Health homes............................................................ 37,000
Healthy Michigan plan - behavioral health.............................. 56,360,200
Medicaid mental health services........................................ 963,018,000
Medicaid substance use disorder services............................... 26,513,700
Multicultural integration funding...................................... 1,494,000
Nursing home PAS/ARR-OBRA.............................................. 3,476,200
State disability assistance program substance
use disorder services... 2,018,000
Caro Regional Mental Health Center -
psychiatric hospital - adult..... 228,000
Center for forensic psychiatry......................................... 504,000
Hawthorn Center - psychiatric hospital -
children and adolescents..... 68,000
Kalamazoo Psychiatric Hospital - adult................................. 40,000
Walter P. Reuther Psychiatric Hospital -
adult......................... 50,000
Primary care services.................................................. 99,000
Epidemiology administration............................................ 354,000
Healthy homes program.................................................. 601,000
AIDS prevention, testing, and care programs............................ 2,470,000
Cancer prevention and control program.................................. 71,000
Chronic disease control and health promotion
administration........... 280,000
Essential local public health services................................. 46,269,300
Local health services.................................................. 2,658,000
Public health administration........................................... 2,000
Sexually transmitted disease control program........................... 484,000
Smoking prevention program............................................. 152,000
Dental programs........................................................ 1,760,000
Family planning local agreements....................................... 267,000
Immunization program................................................... 2,310,000
Pregnancy prevention program........................................... 226,000
Prenatal care outreach and service delivery
support................... 3,548,000
Medical care and treatment............................................. 897,000
Outreach and advocacy.................................................. 2,755,000
Aging and adult services administration................................ 1,359,000
Community services..................................................... 27,800,100
Nutrition services..................................................... 12,597,200
Respite care program................................................... 6,468,700
Senior volunteer service programs...................................... 672,000
Adult home help services............................................... 172,000
Ambulance services..................................................... 527,000
Auxiliary medical services............................................. 1,000
Dental services........................................................ 632,000
Healthy Michigan plan.................................................. 1,089,000
Home health services................................................... 8,000
Hospice services....................................................... 43,000
Hospital disproportionate share payments............................... 20,000
Hospital services and therapy.......................................... 3,274,000
Long-term care services................................................ 99,363,000
Medicaid home- and community-based services
waiver.................... 13,383,000
Personal care services................................................. 32,000
Pharmaceutical services................................................ 18,000
Physician services..................................................... 3,376,000
Special Medicaid reimbursement......................................... 40,000
Transportation......................................................... 158,000
TOTAL.................................................................... $ 1,743,164,400
Sec.
8-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
8-203. As used in this article:
(a)
"AIDS" means acquired immunodeficiency syndrome.
(b)
"CMHSP" means a community mental health services program as that term
is defined in section 100a of the mental health code, 1974 PA 258, MCL
330.1100a.
(c)
"CMS" means the Centers for Medicare and Medicaid Services.
(d)
"Department" means the department of health and human services.
(e)
"Director" means the director of the department.
(f)
"DSH" means disproportionate share hospital.
(g)
"Federal poverty level" means the poverty guidelines published
annually in the Federal Register by the United States Department of Health and
Human Services under its authority to revise the poverty line under 42 USC
9902.
(h)
"FTE" means full-time equated.
(i)
"GME" means graduate medical education.
(j)
"Health plan" means, at a minimum, an organization that meets the
criteria for delivering the comprehensive package of services under the
department's comprehensive health plan.
(k)
"HEDIS" means healthcare effectiveness data and information set.
(l)
"HMO" means health maintenance organization.
(m)
"IDEA" means the individuals with disabilities education act, 20 USC
1400 to 1482.
(n)
"IDG" means interdepartmental grant.
(o)
"MCH" means maternal and child health.
(p)
"Medicaid" means subchapter XIX of the social security act, 42 USC
1396 to 1396w-5.
(q)
"Medicare" means subchapter XVIII of the social security act, 42 USC
1395 to 1395lll.
(r)
"MiCAFE" means Michigan's coordinated access to food for the elderly.
(s)
"MIChild" means the program described in section 1670 of this part.
(t)
"MiSACWIS" means Michigan statewide automated child welfare
information system.
(u)
"PAS/ARR-OBRA" means the preadmission screening and annual resident
review required under the omnibus budget reconciliation act of 1987, section
1919(e)(7) of the social security act, 42 USC 1396r.
(v)
"PFAS" means perfluoroalkyl and polyfluoroalkyl substances.
(w)
"PIHP" means an entity designated by the department as a regional
entity or a specialty prepaid inpatient health plan for Medicaid mental health
services, services to individuals with developmental disabilities, and
substance use disorder services. Regional entities are described in section
204b of the mental health code, 1974 PA 258, MCL 330.1204b. Specialty prepaid
inpatient health plans are described in section 232b of the mental health code,
1974 PA 258, MCL 330.1232b.
(x)
"Quarterly reports" means 4 reports shall be submitted to the
required recipients by the following dates: February 1, April 1, July 1, and
September 30 of the current fiscal year.
(y)
"Semiannual basis" means March 1 and September 30 of the current
fiscal year.
(z)
"Settlement" means the settlement agreement entered in the case of
Dwayne B. v Snyder, docket no. 2:06-cv-13548 in the United States District
Court for the Eastern District of Michigan.
(aa)
"Temporary assistance for needy families" or "TANF" or
"title IV-A" means part A of subchapter IV of the social security
act, 42 USC 601 to 619.
(bb)
"Title IV-B" means part B of title IV of the social security act, 42
USC 620 to 629m.
(cc)
"Title IV-D" means part D of title IV of the social security act, 42
USC 651 to 669b.
(dd)
"Title IV-E" means part E of title IV of the social security act, 42
USC 670 to 679c.
(ee)
"Title X" means subchapter VIII of the public health service act, 42
USC 300 to 300a-8, which establishes grants to states for family planning
services.
Sec.
8-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
8-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
8-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
8-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
8-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
8-209. 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 and the senate and house fiscal agencies.
Sec.
8-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $400,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393. These funds shall not be
made available to increase TANF authorization.
(2)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $90,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $40,000,000.00 for local contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $60,000,000.00 for private contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
Sec.
8-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
8-212. 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 senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2021 and September 30, 2022.
Sec.
8-213. 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.
8-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2022 are estimated at
$326,296,500.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $182,808,800.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$143,487,700.00.
Sec.
8-216. (1) In addition to funds appropriated in part 1 for all programs and
services, there is appropriated for write-offs of accounts receivable,
deferrals, and for prior year obligations in excess of applicable prior year
appropriations, an amount equal to total write-offs and prior year obligations,
but not to exceed amounts available in prior year revenues.
(2)
The department's ability to satisfy appropriation fund sources in part 1 shall
not be limited to collections and accruals pertaining to services provided in
the current fiscal year, but shall also include reimbursements, refunds,
adjustments, and settlements from prior years.
Sec.
8-217. By February 1 of the current fiscal year, the department shall report to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget director on the detailed
name and amounts of estimated federal, restricted, private, and local sources
of revenue that support the appropriations in each of the line items in part 1.
Sec.
8-219. (1) The department may contract with the Michigan Public Health
Institute for the design and implementation of projects and for other public
health-related activities prescribed in section 2611 of the public health code,
1978 PA 368, MCL 333.2611. The department may develop a master agreement with
the Michigan Public Health Institute to carry out these purposes for up to a
3-year period. The department shall report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget director on or before January 1 of the current
fiscal year all of the following:
(a)
A detailed description of each funded project.
(b)
The amount allocated for each project, the appropriation line item from which
the allocation is funded, and the source of financing for each project.
(c)
The expected project duration.
(d)
A detailed spending plan for each project, including a list of all subgrantees
and the amount allocated to each subgrantee.
(2)
On or before December 30 of the current fiscal year, the department shall
provide to the same parties listed in subsection (1) a copy of all reports,
studies, and publications produced by the Michigan Public Health Institute, its
subcontractors, or the department with the funds appropriated in the
department's budget in the previous fiscal year and allocated to the Michigan
Public Health Institute.
Sec.
8-220. The department shall ensure that faith-based organizations are able to
apply and compete for services, programs, or contracts that they are qualified
and suitable to fulfill. The department shall not disqualify faith-based
organizations solely on the basis of the religious nature of their organization
or their guiding principles or statements of faith.
Sec.
8-221. According to section 1b of the social welfare act, 1939 PA 280, MCL
400.1b, the department shall treat part 1 and this part as a time-limited
addendum to the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
Sec.
8-223. The department may establish and collect fees for publications, videos
and related materials, conferences, and workshops. Collected fees are
appropriated when received and shall be used to offset expenditures to pay for
printing and mailing costs of the publications, videos and related materials,
and costs of the workshops and conferences. The department shall not collect
fees under this section that exceed the cost of the expenditures. When
collected fees are appropriated under this section in an amount that exceeds
the current fiscal year appropriation, within 30 days the department shall
notify the chairs of the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies and policy offices, and
the state budget director of that fact.
Sec.
8-224. The department may retain all of the state's share of food assistance
overissuance collections as an offset to general fund/general purpose costs.
Retained collections shall be applied against federal funds deductions in all
appropriation units where department costs related to the investigation and
recoupment of food assistance overissuances are incurred. Retained collections
in excess of such costs shall be applied against the federal funds deducted in
the departmental administration and support appropriation unit.
Sec.
8-226. If the revenue collected by the department from fees and collections
exceeds the amount appropriated in part 1, the revenue may be carried forward
with the approval of the state budget director into the subsequent fiscal year.
The revenue carried forward under this section shall be used as the first source
of funds in the subsequent fiscal year.
Sec.
8-227. The state departments, agencies, and commissions receiving tobacco tax
funds and Healthy Michigan fund revenue from part 1 shall report by April 1 of
the current fiscal year to the senate and house appropriations committees, the
senate and house fiscal agencies, and the state budget director on the
following:
(a)
Detailed spending plan by appropriation line item including description of
programs and a summary of organizations receiving these funds.
(b)
Description of allocations or bid processes including need or demand indicators
used to determine allocations.
(c)
Eligibility criteria for program participation and maximum benefit levels where
applicable.
(d)
Outcome measures used to evaluate programs, including measures of the
effectiveness of these programs in improving the health of Michigan residents.
Sec.
8-228. (1) If the department is authorized under state or federal law to
collect an overpayment owed to the department, the department may assess a
penalty of 1% per month beginning 60 days after notification. If caused by
department error, a penalty may not be assessed until 6 months after the
initial notification date of the overpayment amount. The department shall not
collect penalty interest in an amount that exceeds the amount of the original
overpayment. The state share of any funds collected under this section shall be
deposited in the state general fund.
(2)
By September 30 of the current fiscal year, the department shall report to the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget office on penalty
amounts assessed and paid by account during the current fiscal year, the reason
for the penalty, and the current status of the account.
Sec.
8-230. By December 31 of the current fiscal year, the department shall report
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies and policy offices, and the state budget
office on the status of the implementation of any noninflationary, noncaseload,
programmatic funding increases in the current fiscal year from the previous
fiscal year. The report shall confirm the implementation of already implemented
funding increases and provide explanations for any planned implementation of
funding increases that have not yet occurred. For any planned implementation of
funding increases that have not yet occurred, the department shall provide an
expected implementation date and the reasons for delayed implementation.
Sec.
8-251. On a quarterly basis, the department shall report to the senate and
house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the state budget office on any line-item
appropriation for which the department estimates total annual expenditures
would exceed the funds appropriated for that line-item appropriation by 5% or
more. The department shall provide a detailed explanation for any relevant
line-item appropriation exceedance and shall identify the corrective actions
undertaken to mitigate line-item appropriation expenditures from exceeding the
funds appropriated for that line-item appropriation by a greater amount. This
section does not apply for line-item appropriations that are part of the May
revenue estimating conference caseload and expenditure estimates.
Sec.
8-252. The appropriations in part 1 for Healthy Michigan plan - behavioral
health, Healthy Michigan plan administration, and Healthy Michigan plan are
contingent on the provisions of the social welfare act, 1939 PA 280, MCL 400.1
to 400.119b, that were contained in 2013 PA 107 not being amended, repealed, or
otherwise altered to eliminate the Healthy Michigan plan. If that occurs, then,
upon the effective date of the amendatory act that amends, repeals, or
otherwise alters those provisions, the remaining funds in the Healthy Michigan
plan - behavioral health, Healthy Michigan plan administration, and Healthy
Michigan plan line items shall only be used to pay previously incurred costs
and any remaining appropriations shall not be allotted to support those line
items.
Sec.
8-263. (1) Except as otherwise provided in this subsection, before submission
of a waiver, a state plan amendment, or a similar proposal to CMS, the
department shall provide written notification of the planned submission to the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies and policy offices, and the state budget
office. This subsection does not apply to the submission of a waiver, a state
plan amendment, or similar proposal that does not propose a material change or
is outside of the ordinary course of waiver, state plan amendment, or similar proposed
submissions.
(2)
The department shall provide written reports on a semiannual basis to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget office summarizing the
status of any new or ongoing discussions with CMS regarding potential or future
waiver applications as well as the status of submitted waivers that have not
yet received federal approval. If, at the time a semiannual report is due,
there are no reportable items, then no report is required to be provided.
Sec.
8-270. The department shall advise the legislature of the receipt of a
notification from the attorney general's office of a legal action in which
expenses had been recovered according to section 106(6) of the social welfare
act, 1939 PA 280, MCL 400.106. By February 1 of the current fiscal year, the
department shall submit a written report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies, and
the state budget office that includes, at a minimum, all of the following:
(a)
The total amount recovered from the legal action.
(b)
The program or service for which the money was originally expended.
(c)
Details on the disposition of the funds recovered such as the appropriation or
revenue account in which the money was deposited.
(d)
A description of the facts involved in the legal action.
Sec.
8-275. (1) On a quarterly basis, the department, with the approval of the state
budget director, is authorized to realign sources between other federal, TANF,
and capped federal financing authorizations in order to maximize federal
revenues. This realignment of financing shall not produce a gross increase or
decrease in the department's total individual line item authorizations, nor
will it produce a net increase or decrease in total federal revenues, or a net
increase in TANF authorization.
(2)
On a quarterly basis the department shall report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the house and senate policy offices on the realignment of
federal fund sources transacted to date in the current fiscal year under the
authority of subsection (1), including the dates, line items, and amounts of
the transactions. If, at the time a quarterly report is due, no transactions
were made under the authority of this language, then no report is required to
be provided.
(3)
Within 30 days after the date on which year-end book closing is completed, the
department shall submit to the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, and the house and
senate policy offices a report on the realignment of federal fund sources that
took place as part of the year-end closing process for the previous fiscal
year.
Sec.
8-280. By March 1 of the current fiscal year, the department shall provide a
report to the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, the house and senate policy
offices, and the state budget director that provides all of the following for
each line item in part 1 containing personnel-related costs, including the
specific individual amounts for salaries and wages, payroll taxes, and fringe
benefits:
(a)
FTE authorization.
(b)
Spending authorization for personnel-related costs, by fund source, under the
spending plan.
(c)
Actual year-to-date expenditures for personnel-related costs, by fund source,
through the end of the prior month.
(d)
The projected year-end balance or shortfall for personnel-related costs, by
fund source, based on actual monthly spending levels through the end of the
prior month.
(e)
A specific plan for addressing any projected shortfall for personnel-related
costs at either the gross or fund source level.
Sec.
8-288. (1) Indirect costs shall be limited to no more than 10% of a grant award
funded solely from state restricted funds or general fund/general purpose funds
and designated in this part or part 1 for a specific entity for the purpose of
funding services to individuals.
(2)
The department may allow a grant award to exceed the limitation on indirect
costs if it can be demonstrated that an exception should be made to the
provision in subsection (1).
(3)
By September 30 of the current fiscal year, the department shall report to the
house and senate appropriations subcommittees on the department budget, house
and senate fiscal agencies, and state budget office on the rationale for all
exceptions made to the provision in subsection (1) and the number of grant
agreements terminated due to violations of subsection (1). If, at the time the
report is due, no exceptions were made or contracts were terminated under the
authority of this language, then no report is required to be provided.
Sec.
8-289. By March 1 of the current fiscal year, the department shall provide to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the senate and house policy offices an
annual report on the supervisor-to-staff ratio by department divisions and
subdivisions.
Sec.
8-290. Any public advertisement for public assistance shall also inform the
public of the welfare fraud hotline operated by the department.
Sec.
8-296. From the funds appropriated in part 1, the department to the extent
permissible under MCL 691.1408 is responsible for the necessary and reasonable
attorney fees and costs incurred by private and independent legal counsel
chosen by current and former classified and unclassified department employees
in the defense of the employees in any state or federal lawsuit or
investigation related to the water system in a city or community in which a
declaration of emergency was issued because of drinking water contamination.
CHILD SUPPORT ENFORCEMENT
Sec.
8-401. (1) The appropriations in part 1 assume a total federal child support
incentive payment of $26,500,000.00.
(2)
From the federal money received for child support incentive payments, $12,000,000.00
shall be retained by the state and expended for child support program expenses.
(3)
From the federal money received for child support incentive payments,
$14,500,000.00 shall be paid to the counties based on each county's performance
level for each of the federal performance measures as established in 45 CFR
305.2.
(4)
If the child support incentive payment to the state from the federal government
is greater than $26,500,000.00, then 100% of the excess shall be retained by
the state and is appropriated until the total retained by the state reaches
$15,397,400.00.
(5)
If the child support incentive payment to the state from the federal government
is greater than the amount needed to satisfy the provisions identified in
subsections (1), (2), (3), and (4), the additional funds shall be subject to
appropriation by the legislature.
(6)
If the child support incentive payment to the state from the federal government
is less than $26,500,000.00, then the state and county share shall each be
reduced by 50% of the shortfall.
Sec.
8-409. (1) If statewide retained child support collections exceed
$38,300,000.00, 75% of the amount in excess of $38,300,000.00 is appropriated
to legal support contracts. This excess appropriation may be distributed to
eligible counties to supplement and not supplant county title IV-D funding.
(2)
Each county whose retained child support collections in the current fiscal year
exceed its fiscal year 2004-2005 retained child support collections, excluding
tax offset and financial institution data match collections in both the current
fiscal year and fiscal year 2004-2005, shall receive its proportional share of
the 75% excess.
Sec.
8-410. (1) If title IV-D-related child support collections are escheated, the
state budget director is authorized to adjust the sources of financing for the
funds appropriated in part 1 for legal support contracts to reduce federal
authorization by 66% of the escheated amount and increase general fund/general
purpose authorization by the same amount. This budget adjustment is required to
offset the loss of federal revenue due to the escheated amount being counted as
title IV-D program income in accordance with federal regulations at 45 CFR
304.50.
(2)
The department shall notify the chairs of the house and senate appropriations
subcommittees on the department budget and the house and senate fiscal agencies
within 15 days of the authorization adjustment in subsection (1).
COMMUNITY SERVICES AND OUTREACH
Sec.
8-450. (1) From the funds appropriated in part 1 for school success partnership
program, the department shall allocate $525,000.00 of TANF revenue by December
1 of the current fiscal year to support the Northeast Michigan Community
Service Agency programming. The department shall require the following
performance objectives be measured and reported for the duration of the state
funding for the school success partnership program:
(a)
Increasing school attendance and decreasing chronic absenteeism.
(b)
Increasing academic performance based on grades with emphasis on math and
reading.
(c)
Identifying barriers to attendance and success and connecting families with
resources to reduce these barriers.
(d)
Increasing parent involvement with the parent's child's school and community.
(2)
By July 15 of the current fiscal year, the Northeast Michigan Community Service
Agency shall provide reports to the department on the number of children and
families served and the services that were provided to families to meet the
performance objectives identified in this section. The department shall
distribute the reports within 1 week after receipt to 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.
8-452. From the funds appropriated in part 1 for crime victim justice
assistance grants, the department shall continue to support forensic nurse
examiner programs to facilitate training for improved evidence collection for
the prosecution of sexual assault. The funds shall be used for program
coordination and training.
Sec.
8-453. (1) From the funds appropriated in part 1 for homeless programs, the
department shall allocate funds to the emergency shelter program to support
efforts of shelter providers to move homeless individuals and households into
permanent housing as quickly as possible. Expected outcomes are increased
shelter discharges to stable housing destinations, decreased recidivism rates
for shelter clients, and a reduction in the average length of stay in emergency
shelters.
(2)
By March 1 of the current fiscal year, the department shall submit to the house
and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office a report on the total amount expended for the program in the
previous year, as well as the total number of shelter nights provided and the
average length of stay in an emergency shelter.
Sec.
8-454. The department shall allocate the full amount of funds appropriated in
part 1 for homeless programs to provide services for homeless individuals and
families, including, but not limited to, third-party contracts for emergency
shelter services.
Sec.
8-455. As a condition of receipt of federal TANF revenue, homeless shelters and
human services agencies shall collaborate with the department to obtain
necessary TANF eligibility information on families as soon as possible after
admitting a family to the homeless shelter. From the funds appropriated in part
1 for homeless programs, the department is authorized to make allocations of
TANF revenue only to the homeless shelters and human services agencies that
report necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. Homeless shelters or human services
agencies that do not report necessary data to the department for the purpose of
meeting TANF eligibility reporting requirements will not receive reimbursements
that exceed the per diem amount they received in fiscal year 2000. The use of
TANF revenue under this section is not an ongoing commitment of funding.
Sec.
8-456. From the funds appropriated in part 1 for homeless programs, the
department shall allocate $90,000.00 to reimburse public service agencies that
provide documentation of paying birth certificate fees on behalf of category 1
homeless clients at county clerk's offices. Public service agencies shall be
reimbursed for the cost of the birth certificate fees quarterly until this
allocation is fully spent.
Sec.
8-457. (1) From the funds appropriated in part 1 for the uniform statewide
sexual assault evidence kit tracking system, in accordance with the final
report of the Michigan sexual assault evidence kit tracking and reporting
commission, $800,000.00 is allocated from the sexual assault evidence tracking
fund to contract for the administration of a uniform statewide sexual assault
evidence kit tracking system. The system shall include the following:
(a)
A uniform statewide system to track the submission and status of sexual assault
evidence kits.
(b)
A uniform statewide system to audit untested kits that were collected on or
before March 1, 2015 and were released by victims to law enforcement.
(c)
Secure electronic access for victims.
(d)
The ability to accommodate concurrent data entry with kit collection through
various mechanisms, including web entry through computer or smartphone, and
through scanning devices.
(2)
By March 30 of the current fiscal year, the department shall submit to 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 a status report on the administration of the uniform
statewide sexual assault evidence kit tracking system, including operational
status and any known issues regarding implementation.
(3)
The sexual assault evidence tracking fund established in section 1451 of 2017
PA 158 shall continue to be maintained in the department of treasury. Money in
the sexual assault evidence tracking fund at the close of a fiscal year shall
remain in the sexual assault evidence tracking fund and shall not revert to the
general fund and shall be appropriated as provided by law for the development
and implementation of a uniform statewide sexual assault evidence kit tracking
system as described in subsection (1).
(4)
By September 30 of the current fiscal year, the department shall submit to 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 a report on the findings of the annual audit of the proper
submission of sexual assault evidence kits as required by and in compliance
with the sexual assault kit evidence submission act, 2014 PA 227, MCL 752.931
to 752.935. The report must include, but is not limited to, a detailed
county-by-county compilation of the number of sexual assault evidence kits that
were properly submitted and the number that met or did not meet deadlines
established in the sexual assault kit evidence submission act, 2014 PA 227, MCL
752.931 to 752.935, the number of sexual assault evidence kits retrieved by law
enforcement after analysis, and the physical location of all released sexual
assault evidence kits collected by health care providers in that year, as of
the date of the annual draft report for each reporting agency.
Sec.
8-458. From the funds appropriated in part 1 for crime victim rights services
grants, the department shall allocate $2,000,000.00 of crime victim's rights
fund to maintain increased grant funding to support the further use of crime
victim advocates in the criminal justice system. The purpose of the additional
funding is to increase available grant funding for crime victim advocates to
ensure that the advocates have the resources, training, and funding needed to
respond to the physical and emotional needs of crime victims and to provide
victims with the necessary services, information, and assistance in order to
help them understand and participate in the criminal justice system and
experience a measure of safety and security throughout the legal process.
Sec.
8-459. From the funds appropriated in part 1 for child advocacy centers, the
department shall allocate $1,000,000.00 to provide additional funding to child
advocacy centers to support the general operations of child advocacy centers.
The purpose of this additional funding is to increase the amount of services
provided to children and their families who are victims of abuse over the
amount provided in the previous fiscal year. None of the additional funding
directed in this section shall be used for purposes other than those described
under section 4 of the children's advocacy center act, 2008 PA 544, MCL
722.1044.
Sec.
8-461. By March 1 of the current fiscal year, the department shall submit to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy offices, and the
state budget office a report on the total amount expended for runaway and
homeless youth services programs in the previous year, as well as the total
number of shelter nights for youth provided.
Sec.
8-463. The department may, in consultation with the Michigan department of
education, the Michigan domestic and sexual violence prevention and treatment
board, and the Michigan Coalition to End Domestic and Sexual Violence, redraft
the curriculum for the "Growing Up & Staying Healthy" and
"Healthy & Responsible Relationships" modules to include
age-appropriate information about the importance of consent, setting and
respecting personal boundaries, and the prevention of child sexual abuse as
outlined in MCL 380.1505 and consistent with the recommendations and guidelines
set by the task force on the prevention of sexual abuse of children created
under section 12b of the child protection law, 1975 PA 238, MCL 722.632b, and
the prevention of sexual assault and dating violence.
CHILDREN'S SERVICE AGENCY - CHILD
WELFARE
Sec.
8-501. (1) A goal is established that not more than 25% of all children in
foster care at any given time during the current fiscal year, if in the best
interest of the child, will have been in foster care for 24 months or more.
(2)
By March 1 of the current fiscal year, the department shall provide to 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 a report describing the steps that will be taken to achieve
the specific goal established in this section and on the percentage of children
who currently are in foster care and who have been in foster care a total of 24
or more months.
Sec.
8-502. From the funds appropriated in part 1 for foster care, the department
shall provide 50% reimbursement to Indian tribal governments for foster care
expenditures for children who are under the jurisdiction of Indian tribal
courts and who are not otherwise eligible for federal foster care cost sharing.
The department may provide up to 100% reimbursement to Indian tribes that enter
into a State-tribal Title IV-E agreement allowed under Michigan's Title IV-E
State Plan.
Sec.
8-503. (1) In accordance with the final report of the Michigan child welfare
performance-based funding task force issued in response to section 503 of
article X of 2013 PA 59, the department shall continue to review, update, or
develop an actuarially sound global capitated payment model for child welfare
foster care case management services that achieve permanency by the department
and private child placing agencies in a prospective payment system under a
performance-based funding model.
(2)
In accordance with the final report of the Michigan child welfare
performance-based funding task force issued in response to section 503 of
article X of 2013 PA 59, the department shall continue an independent,
third-party evaluation of the performance-based funding model.
(3)
The department shall only implement the performance-based funding model into
additional counties where the department, private child welfare agencies, the
county, and the court operating within that county have signed a memorandum of
understanding that incorporates the intentions of the concerned parties in
order to implement the performance-based funding model.
(4)
The department, in conjunction with members from both the house of
representatives and senate, private child placing agencies, the courts, and
counties shall continue to implement the recommendations that are described in
the workgroup report that was provided in section 503 of article X of 2013 PA
59 to establish a performance-based funding model pilot for public and private
child welfare services providers. The department shall provide quarterly
reports on the status of the performance-based contracting model to the senate
and house appropriations subcommittees on the department budget, the senate and
house standing committees on families and human services, and the senate and
house fiscal agencies and policy offices.
(5)
From the funds appropriated in part 1 for the performance-based funding model
pilot, the department shall continue to work with the West Michigan Partnership
for Children Consortium on the implementation of the performance-based funding
model pilot. The consortium shall accept and comprehensively assess referred
youth, assign cases to members of its continuum or leverage services from other
entities, and make appropriate case management decisions during the duration of
a case. The consortium shall operate an integrated continuum of care structure,
with services provided by both private and public agencies, based on individual
case needs. The consortium shall demonstrate significant organizational
capacity and competencies, including experience with managing risk-based
contracts, financial strength, experienced staff and leadership, and
appropriate governance structure.
Sec.
8-504. (1) From the funds appropriated in part 1, the department shall continue
the master agreement with the West Michigan Partnership for Children Consortium
for the fifth year of the planned 5-year agreement to pilot a performance-based
child welfare contracting pilot program. The consortium shall consist of a
network of affiliated child welfare service providers that will accept and
comprehensively assess referred youth, assign cases to members of its continuum
or leverage services from other entities, and make appropriate case management
decisions during the duration of a case.
(2)
As a condition for receiving the funding in part 1, the West Michigan
Partnership of Children Consortium shall maintain a contract agreement with the
department that supports a global capitated payment model. The capitated
payment amount shall be based on historical averages of the number of children
served in Kent County and for the costs per foster care case. The West Michigan
Partnership for Children Consortium is required to manage the cost of the child
population it serves. The capitated payment amount shall be reviewed and
adjusted no less than twice during the current fiscal year or due to any policy
changes implemented by the department that result in a volume of placements
that differ in a statistically significant manner from the amount allocated in
the annual contract between the department and the West Michigan Partnership
for Children as determined by an independent actuary as well as to account for
changes in case volumes and any statewide rate increases that are implemented.
The contract agreement requires that the West Michigan Partnership for Children
Consortium shall maintain the following stipulations and conditions:
(a)
That the service component of the capitated payment will be calculated assuming
rates paid to providers under the pilot program are generally consistent with
the department's payment policies for providers throughout the rest of this
state.
(b)
To maintain a risk reserve of at least $1,500,000.00 to ensure it can meet
unanticipated expenses within a given fiscal year.
(c)
That until the risk reserve is established, the West Michigan Partnership for
Children Consortium shall submit to the department a plan for how they will
manage expenses to fit within their capitated payment revenue. The department
shall review and approve any new investments in provider payments above
statewide rates and norms to ensure they are supported by offsetting savings so
that costs remain within available revenue.
(d)
To cooperate with the department on an independent fiscal analysis of costs
incurred and revenues received during the course of the pilot program to date.
(3)
By March 1 of the current fiscal year, the consortium shall provide to the
department and the house and senate appropriations subcommittees on the
department budget a report on the consortium, including, but not limited to,
actual expenditures, number of children placed by agencies in the consortium,
fund balance of the consortium, and the outcomes measured.
Sec.
8-505. By March 1 of the current fiscal year, the department shall provide to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget
office a report covering youth referred or committed to the department for care
or supervision in the previous fiscal year and in the first quarter of the
current fiscal year outlining the number of youth served by the department
within the juvenile justice system, the type of setting for each youth,
performance outcomes, and financial costs or savings.
Sec.
8-507. The department's ability to satisfy appropriation deducts in part 1 for
foster care private collections shall not be limited to collections and
accruals pertaining to services provided only in the current fiscal year but
may include revenues collected during the current fiscal year for services
provided in prior fiscal years.
Sec.
8-508. (1) In addition to the amount appropriated in part 1 for children's
trust fund grants, money granted or money received as gifts or donations to the
children's trust fund created by 1982 PA 249, MCL 21.171 to 21.172, is
appropriated for expenditure.
(2)
For the funds described in subsection (1), the department shall ensure that
administrative delays are avoided and the local grant recipients and direct
service providers receive money in an expeditious manner. The department and
board shall make available the children's trust fund contract funds to grantees
within 31 days of the start date of the funded project.
Sec.
8-511. The department shall provide reports on an annual basis to the senate
and house appropriations subcommittees on the department budget, the senate and
house standing committees on families and human services, and the senate and
house fiscal agencies and policy offices on the number and percentage of
children who received timely physical and mental health examinations after
entry into foster care. The goal of the program is that at least 85% of
children shall have an initial medical and mental health examination within 30
days after entry into foster care.
Sec.
8-512. By March 1 of the current fiscal year, the department shall report to
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 on the following information for cases of child abuse or
child neglect from the previous fiscal year:
(a)
The total number of relative care placements.
(b)
The total number of relatives with a placement who became licensed.
(c)
A list of the reasons from a sample of cases where relatives were denied foster
home licensure as documented by the department.
Sec.
8-513. (1) The department shall not expend funds appropriated in part 1 to pay
for the direct placement by the department of a child in an out-of-state
facility unless all of the following conditions are met:
(a)
There is no appropriate placement available in this state as determined by the
department interstate compact office.
(b)
An out-of-state placement exists that is nearer to the child's home than the
closest appropriate in-state placement as determined by the department
interstate compact office.
(c)
The out-of-state facility meets all of the licensing standards of this state
for a comparable facility.
(d)
The out-of-state facility meets all of the applicable licensing standards of
the state in which it is located.
(e)
The department has done an on-site visit to the out-of-state facility, reviewed
the facility records, reviewed licensing records and reports on the facility,
and believes that the facility is an appropriate placement for the child.
(2)
The department shall not expend money for a child placed in an out-of-state
facility without approval of the executive director of the children's services
agency.
(3)
The department shall submit an annual report by March 1 of the current fiscal
year to the state court administrative office, the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office on the number of Michigan children residing in out-of-state facilities
in the previous fiscal year and shall include the total cost and average per
diem cost of these out-of-state placements to this state, and a list of each
such placement arranged by the Michigan county of residence for each child.
Sec.
8-514. The department shall make a comprehensive report concerning children's
protective services (CPS) to the legislature, including the senate and house
policy offices and the state budget director, by March 1 of the current fiscal
year, that shall include all of the following:
(a)
Statistical information including, but not limited to, all of the following:
(i)
The total number of reports of child abuse or child neglect investigated under
the child protection law, 1975 PA 238, MCL 722.621 to 722.638, and the number
of cases classified under category I or category II and the number of cases
classified under category III, category IV, or category V.
(ii)
The mandatory reporter category in which the individual who made the report
fits, or other categorization if the individual is not within a group required
to report under the child protection law, 1975 PA 238, MCL 722.621 to 722.638.
(iii)
For the reported complaints of child abuse or child neglect by teachers, school
administrators, and school counselors, the number of cases classified under
category I or category II and the number of cases classified under category
III, category IV, or category V.
(iv)
For the reported complaints of child abuse or child neglect by teachers, school
administrators, and school counselors, the number of cases that resulted in
separation of the child from the parent or guardian and the period of time of that
separation, up to and including termination of parental rights.
(b)
New policies related to children's protective services including, but not
limited to, major policy changes and court decisions affecting the children's
protective services system during the immediately preceding 12-month period.
The report shall also include a summary of the actions undertaken and
applicable expenditures to achieve compliance with the office of the auditor
general audit number 431-1285-16.
(c)
Statistical information regarding families that were classified in category
III, including, but not limited to, all of the following:
(i)
The total number of cases classified in category III.
(ii)
The number of cases in category III referred to voluntary community services
and closed with no additional monitoring.
(iii)
The number of cases in category III referred to voluntary community services
and monitored for up to 90 days.
(iv)
The number of cases in category III for which the department entered more than
1 determination that there was evidence of child abuse or child neglect.
(v)
The number of cases in category III that the department reclassified from
category III to category II.
(vi)
The number of cases in category III that the department reclassified from
category III to category I.
(vii)
The number of cases in category III that the department reclassified from
category III to category I that resulted in a removal.
(d)
The department policy, or changes to the department policy, regarding children
who have been exposed to the production or manufacture of methamphetamines.
Sec.
8-516. From funds appropriated in part 1 for child care fund, the
administrative or indirect cost payment equal to 10% of a county's total
monthly gross expenditures shall be distributed to the county on a monthly
basis and a county is not required to submit documentation to the department
for any of the expenditures that are covered under the 10% payment as described
in section 117a(4)(b)(ii) and (iv) of the social welfare act, 1939 PA 280, MCL
400.117a.
Sec.
8-519. The department shall permit any private agency that has an existing
contract with this state to provide foster care services to be also eligible to
provide treatment foster care services.
Sec.
8-520. (1) The department shall submit a report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office by February 15 of the current fiscal year on the number of days of care
and expenditures by funding source for the previous fiscal year for out-of-home
placements by specific placement programs for child abuse or child neglect and
juvenile justice, including, but not limited to, paid relative placement,
department direct family foster care, private agency supervised foster care,
private child caring institutions, county-supervised facilities,
court-supervised facilities, and independent living. The report shall also
include the number of days of care for department-operated residential juvenile
justice facilities by security classification.
(2)
For the purposes of the report in subsection (1), living arrangements include,
but are not limited to, paid relative placement, department direct family
foster care, private agency supervised foster care, private child caring
institutions, county-supervised facilities, court-supervised facilities, and
independent living.
Sec.
8-521. (1) From the funds appropriated in part 1 for child care fund - indirect
cost allotment, the department shall allocate $3,500,000.00 to counties and
tribal governments that receive reimbursements in part 1 from child care fund.
(2)
The amount described in subsection (1) shall be distributed to each county or
tribal government proportionate to the percentage of their prior fiscal year
child care fund expenditures of the total child care fund expenditures reported
statewide.
Sec.
8-522. (1) From the funds appropriated in part 1 for youth in transition, the
department shall allocate $750,000.00 for scholarships through the fostering
futures scholarship program in the Michigan education trust to youths who were
in foster care because of child abuse or child neglect and are attending a
college or a career technical educational institution located in this state. Of
the funds appropriated, 100% shall be used to fund scholarships for the youths
described in this section.
(2)
On an annual basis, the department shall provide a report to 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 that includes the number of youths who received scholarships and
the amount of each scholarship, and the total amount of funds spent or
encumbered in the current fiscal year.
Sec.
8-523. (1) By February 15 of the current fiscal year, the department shall
submit to 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 a report on the families first, family
reunification, and families together building solutions family preservation
programs. The report shall provide population and outcome data based on
contractually required follow-up evaluations for families who received family
preservation services and shall include information for each program on any
innovations that may increase child safety and risk reduction.
(2)
From the funds appropriated in part 1 for runaway and homeless youth grant and
domestic violence prevention and treatment, the department is authorized to
make allocations of TANF revenue only to agencies that report necessary data to
the department for the purpose of meeting TANF eligibility reporting
requirements.
(3)
By October 1 of the current fiscal year, from the funds appropriated in part 1
for family preservation services, the department shall retain the rates
established by the increase provided in 2020 P.A. 166.
Sec.
8-524. As a condition of receiving funds appropriated in part 1 for strong
families/safe children, counties must submit the service spending plan to the
department by October 1 of the current fiscal year for approval. The department
shall approve the service spending plan within 30 calendar days after receipt
of a properly completed service spending plan.
Sec.
8-525. The department shall implement the same on-site evaluation processes for
privately operated child welfare and juvenile justice residential facilities as
is used to evaluate state-operated facilities. Penalties for noncompliance
shall be the same for privately operated child welfare and juvenile justice
residential facilities and state-operated facilities.
Sec.
8-526. From the funds appropriated in part 1 for court-appointed special
advocates, the department shall allocate $500,000.00 to fund a project with a
nonprofit, community-based organization organized under the laws of this state
that are exempt from federal income tax under section 501(c)(3) of the internal
revenue code of 1986, 26 USC 501, located in a charter township with a
population of between 16,000 and 17,000 according to the most recent federal
decennial census which charter township is located in a county with a
population of between 600,000 and 605,000 according to the most recent federal
decennial census. The nonprofit organization recipient shall have an existing
network of affiliate programs operating in at least 25 counties in this state.
The nonprofit organization shall use the funds to recruit, screen, train, and
supervise volunteers who provide advocacy services on behalf of abused and
neglected children.
Sec.
8-530. (1) All master contracts relating to foster care and adoption services
as funded by the appropriations in section 105 of part 1 shall be
performance-based contracts that employ a client-centered results-oriented
process that is based on measurable performance indicators and desired outcomes
and includes the annual assessment of the quality of services provided.
(2)
By February 1 of the current fiscal year, the department shall provide the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget
office a report detailing measurable performance indicators, desired outcomes,
and an assessment of the quality of services provided by the department during
the previous fiscal year.
Sec.
8-531. The department shall notify the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the house and senate policy offices of any changes to a child welfare
master contract template, including the adoption master contract template, the
independent living plus master contract template, the child placing agency
foster care master contract template, and the residential foster care juvenile
justice master contract template, prior to the time when the changes take
effect.
Sec.
8-533. The department shall make payments to child placing facilities for in-home
and out-of-home care services and adoption services within 30 days of receiving
all necessary documentation from those agencies.
Sec.
8-534. The department shall submit to 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 by March 1 of
the current fiscal year a report on the adoption subsidies expenditures from
the previous fiscal year. The report shall include, but is not limited to, the
range of annual adoption support subsidy amounts, for both title IV-E eligible
cases and state-funded cases, paid to adoptive families, the number of title
IV-E and state-funded cases, the number of cases in which the adoption support
subsidy request of adoptive parents for assistance was denied by the
department, and the number of adoptive parents who requested a redetermination
of adoption support subsidy.
Sec.
8-536. By March 1 of the current fiscal year, the department shall submit to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the policy offices a report on the status
of the department's planned and achieved implementation of the federal family
first prevention services act, Public Law 115-123. The report shall include,
but not be limited to, an estimate of the 5 year spending plan for
administrative and compliance costs, a summary of all historical expenditures
made to date for implementation by line-item appropriation and program type,
information regarding compliance with title IV-E prevention requirements, the
status of statewide compliance with the qualified residential treatment program
requirements, a summary of provider concerns with respect to requirements under
the qualified residential treatment program as that term is defined in section
1 of 1973 PA 116, MCL 722.111, a detailed methodology in determining any
savings realized or estimated from a reduction in congregate care or
residential placements, the department's conformity with federal model
licensing standards, the department's plan for tracking and preventing child
maltreatment deaths, and the department's plan for extending John H. Chafee
foster care independence programs up to age 23.
Sec.
8-540. If a physician or psychiatrist who is providing services to state or
court wards placed in a residential facility submits a formal request to the
department to change the psychotropic medication of a ward, the department
shall, if the ward is a state ward, make a determination on the proposed change
within 7 business days after the request or, if the ward is a temporary court
ward, seek parental consent within 7 business days after the request. If
parental consent is not provided within 7 business days, the department shall
petition the court on the eighth business day.
Sec.
8-546. (1) From the funds appropriated in part 1 for foster care payments and
from child care fund, the department shall pay providers of general foster
care, independent living, and trial reunification services not less than a
$46.20 administrative rate.
(2)
From the funds appropriated in part 1, the department shall pay providers of
independent living plus services statewide per diem rates for staff-supported
housing and host-home housing based on proposals submitted in response to a
solicitation for pricing. The independent living plus program provides
staff-supported housing and services for foster youth ages 16 through 19 who,
because of their individual needs and assessments, are not initially
appropriate for general independent living foster care.
(3)
If required by the federal government to meet title IV-E requirements,
providers of foster care services shall submit quarterly reports on
expenditures to the department to identify actual costs of providing foster
care services.
(4)
From the funds appropriated in part 1, the department shall maintain rates that
are no less than the rates in place on March 20, 2020 provided to each private
provider of residential services.
Sec.
8-547. (1) From the funds appropriated in part 1 for the guardianship
assistance program, the department shall pay a minimum rate that is not less
than the approved age-appropriate payment rates for youth placed in family
foster care.
(2)
The department shall report semiannually to the state budget office, the senate
and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the senate and house policy offices on the number of
children enrolled in the guardianship assistance and foster care - children
with serious emotional disturbance waiver programs.
Sec.
8-550. (1) The department shall not offset against reimbursement payments to
counties or seek reimbursement from counties for charges that were received by
the department more than 12 months before the department seeks to offset
against reimbursement. A county shall not request reimbursement for and
reimbursement payments shall not be paid for a charge that is more than 12
months after the date of service or original status determination when
initially submitted by the county.
(2)
All service providers shall submit a request for payment within 12 months after
the date of service. Any request for payment submitted 12 months or more after
the date of service requires the provider to submit an exception request to the
county or the department for approval or denial.
(3)
The county is not subject to any offset, chargeback, or reimbursement liability
for prior expenditures resulting from an error in foster care fund source
determinations.
Sec.
8-551. The department shall respond to counties within 30 days regarding any
request for a clarification requested through the department's child care fund
management unit electronic mail address.
Sec.
8-552. Sixty days after a county's child care fund on-site review is completed,
including the receipt of all requested documentation from the county, the
department shall provide the results of the review to the county. The
department shall not evaluate the relevancy, quality, effectiveness,
efficiency, or impact of the services provided to youth of the county's child
care fund programs in the review. Pursuant to state law, the department shall
not release the results of the review to a third-party without the permission
of the county being reviewed.
Sec.
8-559. (1) From the funds appropriated in part 1 for adoption support services,
the department shall allocate $250,000.00 to the Adoptive Family Support
Network to operate and expand its adoptive parent mentor program to provide a
listening ear, knowledgeable guidance, and community connections to adoptive
parents and children who were adopted in this state or another state.
(2)
The Adoptive Family Support Network shall submit to 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 by March 1 of the current fiscal year a report on the program described
in subsection (1), including, but not limited to, the number of cases served
and the number of cases in which the program prevented an out-of-home
placement.
Sec.
8-562. The department shall provide time and travel reimbursements for foster
parents who transport a foster child to parent-child visitations. As part of
the foster care parent contract, the department shall provide written
confirmation to foster parents that states that the foster parents have the
right to request these reimbursements for all parent-child visitations. The
department shall provide these reimbursements within 60 days of receiving a
request for eligible reimbursements from a foster parent.
Sec.
8-564. (1) The department shall maintain a clear policy for parent-child
visitations. The local county offices, caseworkers, and supervisors shall meet
an 85% success rate, after accounting for factors outside of the caseworkers'
control.
(2)
Per the court-ordered number of required meetings between caseworkers and a
parent, the caseworkers shall achieve a success rate of 85%, after accounting
for factors outside of the caseworkers' control.
(3)
By March 1 of the current fiscal year, the department shall provide to 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 a report on the following:
(a)
The percentage of success rate for parent-child visitations and court-ordered
required meetings between caseworkers referenced in subsections (1) and (2) for
the previous year.
(b)
The barriers to achieve the success rates in subsections (1) and (2) and how
this information is tracked.
Sec.
8-567. The department shall submit to 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 by March 1 of
the current fiscal year a report on transfer of medical passports for children
in foster care, including the following:
(a)
From the total medical passports transferred, the percentage that transferred
within 2 weeks from the date of placement or return to the home.
(b)
From the total school records, the percentage that transferred within 2 weeks
from the date of placement or return to the home.
(c)
The implementation steps that have been taken to improve the outcomes for the
measures in subdivision (a).
Sec.
8-569. The department shall reimburse private child placing agencies that
complete adoptions at the rate according to the date on which the petition for
adoption and required support documentation was accepted by the court and not
according to the date the court's order placing for adoption was entered.
Sec.
8-574. (1) From the funds appropriated for foster care payments, $375,000.00 is
allocated to support family incentive grants to private and community-based
foster care service providers to assist with home improvements or payment for
physical exams for applicants needed by foster families and unlicensed
relatives caring for a family member through the child welfare system to
accommodate children in foster care.
(2)
By March 1 of the current fiscal year, the department shall submit to the house
and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office a report on the total amount expended in the previous year for
grants to private and community-based foster care service providers for home
improvements or physical exams as referenced in subsection (1) and the number
of grants issued.
Sec.
8-575. From the funds appropriated in part 1 for children's services
administration, the department shall allocate $200,000.00 to provide support
and coordinated services to the kinship caregiver advisory council created in
the kinship caregiver advisory council act.
Sec.
8-583. By March 1 of the current fiscal year, the department shall provide to
the senate and house appropriations subcommittees on the department budget, the
senate and house standing committees on families and human services, the senate
and house fiscal agencies and policy offices, and the state budget office a
report that includes:
(a)
The number and percentage of foster parents that dropped out of the program in
the previous fiscal year and the reasons the foster parents left the program
and how those figures compare to prior fiscal years.
(b)
The number and percentage of foster parents successfully retained in the
previous fiscal year and how those figures compare to prior fiscal years.
Sec.
8-585. The department shall make available at least 1 pre-service training
class each month in which new caseworkers for private foster care and adoption
agencies can enroll.
Sec.
8-588. Concurrently with public release, the department shall transmit all
reports from the court-appointed settlement monitor, including, but not limited
to, the needs assessment and period outcome reporting, to the state budget
office, the senate and house appropriations subcommittees on the department
budget, and the senate and house fiscal agencies and policy offices, without
revision.
Sec.
8-589. (1) From the funds appropriated in part 1 for child care fund, the
department shall pay 100% of the administrative rate for all new cases referred
to providers of general foster care and treatment foster care services.
(2)
On a semiannual basis, the department shall report on the monthly number of all
foster care cases administered by the department and all foster care cases
administered by private providers.
Sec.
8-592. The department shall report to the chairs of the house and senate
standing oversight committees, the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office by January 1,
April 1, July 1, and September 30 of the current fiscal year data from
children's protective services staff for each of the following for the last
month of the previous quarter:
(a)
Percent of investigations commenced within 24 hours after receiving a report.
(b)
Percent of central registry reviews performed for required individuals.
(c)
Percent of face-to-face contacts made within the established timeframe required
by the department.
(d)
In appropriate cases, the percent of sibling placement evaluations completed
when 1 or more children remain in the home after a child has been removed.
(e)
Percent of supervisory reviews performed in a timely manner.
(f)
Results of a department survey of child protective services investigators on
the number of investigators who are concerned for his or her own personal
safety.
(g)
Percent of investigators using the mobile application or other tool to document
compliance.
Sec.
8-593. (1) The department shall conduct an annual review in each county to
determine if the county has adopted and implemented standard child abuse and
child neglect investigation and interview protocols as required in section 8(6)
of the child protection law, 1975 PA 238, MCL 722.628.
(2)
By March 1 of the current fiscal year, the department shall submit an annual
report to the chairs of the house and senate standing oversight committees, the
governor's task force on child abuse and neglect, the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office on the findings of each county's review described in subsection (1).
Sec.
8-594. From the funds appropriated in part 1 for foster care payments, the
department shall support regional resource teams to provide for the
recruitment, retention, and training of foster and adoptive parents and shall
expand the Michigan youth opportunities initiative to all Michigan counties.
The purpose of this funding is to increase the number of annual inquiries from
prospective foster parents, increase the number of nonrelative foster homes
that achieve licensure each year, increase the annual retention rate of
nonrelative foster homes, reduce the number of older foster youth placed
outside of family settings, and provide older youth with enhanced support in
transitioning to adulthood.
Sec.
8-598. Partial state and child care fund reimbursements to counties for
undisputed charges shall be made within 45 business days after the receipt of
all required forms and documentation. The department shall commence activity to
investigate and resolve all disputed reimbursement requests, up to and
including use of formal appeals process, pursuant to statute and published
department chargeback policy.
PUBLIC ASSISTANCE
Sec.
8-601. Whenever a client agrees to the release of his or her name and address
to the local housing authority, the department shall request from the local
housing authority information regarding whether the housing unit for which
vendoring has been requested meets applicable local housing codes. Vendoring
shall be terminated for those units that the local authority indicates in
writing do not meet local housing codes until such time as the local authority
indicates in writing that local housing codes have been met.
Sec.
8-602. The department shall conduct a full evaluation of an individual's
assistance needs if the individual has applied for disability more than 1 time
within a 1-year period.
Sec.
8-604. (1) From the funds appropriated in part 1 for state disability
assistance payments, the department shall operate a state disability assistance
program. Except as provided in subsection (3), persons eligible for this
program shall include needy citizens of the United States or aliens exempted
from the supplemental security income citizenship requirement who are at least
18 years of age or emancipated minors meeting 1 or more of the following
requirements:
(a)
A recipient of supplemental security income, social security, or medical
assistance due to disability or 65 years of age or older.
(b)
A person with a physical or mental impairment that meets federal supplemental
security income disability standards, except that the minimum duration of the
disability shall be 90 days. Substance use disorder alone is not defined as a
basis for eligibility.
(c)
A resident of an adult foster care facility, a home for the aged, a county
infirmary, or a substance use disorder treatment center.
(d)
A person receiving 30-day postresidential substance use disorder treatment.
(e)
A person diagnosed as having acquired immunodeficiency syndrome.
(f)
A person receiving special education services through the local intermediate
school district.
(g)
A caretaker of a disabled person who meets the requirements specified in
subdivision (a), (b), (e), or (f).
(2)
Applicants for and recipients of the state disability assistance program shall
be considered needy if they:
(a)
Meet the same asset test as is applied for the family independence program.
(b)
Have a monthly budgetable income that is less than the payment standards.
(3)
Except for a person described in subsection (1)(c) or (d), a person is not
disabled for purposes of this section if his or her drug addiction or
alcoholism is a contributing factor material to the determination of
disability. "Material to the determination of disability" means that,
if the person stopped using drugs or alcohol, his or her remaining physical or
mental limitations would not be disabling. If his or her remaining physical or
mental limitations would be disabling, then the drug addiction or alcoholism is
not material to the determination of disability and the person may receive
state disability assistance. Such a person must actively participate in a substance
abuse treatment program, and the assistance must be paid to a third party or
through vendor payments. For purposes of this section, substance abuse
treatment includes receipt of inpatient or outpatient services or participation
in alcoholics anonymous or a similar program.
Sec.
8-605. The level of reimbursement provided to state disability assistance
recipients in licensed adult foster care facilities shall be the same as the
prevailing supplemental security income rate under the personal care category.
Sec.
8-606. County department offices shall require each recipient of family
independence program and state disability assistance who has applied with the
social security administration for supplemental security income to sign a
contract to repay any assistance rendered through the family independence
program or state disability assistance program upon receipt of retroactive
supplemental security income benefits.
Sec.
8-607. (1) The department's ability to satisfy appropriation deductions in part
1 for state disability assistance/supplemental security income recoveries and
public assistance recoupment revenues shall not be limited to recoveries and
accruals pertaining to state disability assistance, or family independence
assistance grant payments provided only in the current fiscal year, but may
include revenues collected during the current year that are prior year related
and not a part of the department's accrued entries.
(2)
The department may use supplemental security income recoveries to satisfy the
deduct in any line in which the revenues are appropriated, regardless of the
source from which the revenue is recovered.
Sec.
8-608. Adult foster care facilities providing domiciliary care or personal care
to residents receiving supplemental security income or homes for the aged
serving residents receiving supplemental security income shall not require
those residents to reimburse the home or facility for care at rates in excess
of those legislatively authorized. To the extent permitted by federal law,
adult foster care facilities and homes for the aged serving residents receiving
supplemental security income shall not be prohibited from accepting third-party
payments in addition to supplemental security income if the payments are not
for food, clothing, shelter, or result in a reduction in the recipient's
supplemental security income payment.
Sec.
8-609. The state supplementation level under the supplemental security income
program for the personal care/adult foster care and home for the aged categories
shall not be reduced during the current fiscal year. The legislature shall be
notified upon any proposed reduction in the state supplementation level.
Sec.
8-610. (1) In developing good cause criteria for the state emergency relief
program, the department shall grant exemptions if the emergency resulted from
unexpected expenses related to maintaining or securing employment.
(2)
For purposes of determining housing affordability eligibility for state
emergency relief, a group is considered to have sufficient income to meet
ongoing housing expenses if their total housing obligation does not exceed 75%
of their total net income.
(3)
State emergency relief payments shall not be made to individuals who have been
found guilty of fraud in regard to obtaining public assistance.
(4)
State emergency relief payments shall not be made available to persons who are
out-of-state residents or illegal immigrants.
(5)
State emergency relief payments for rent assistance shall be distributed
directly to landlords and shall not be added to Michigan bridge cards.
Sec.
8-611. The state supplementation level under the supplemental security income
program for the living independently or living in the household of another
categories shall not exceed the minimum state supplementation level as required
under federal law or regulations.
Sec.
8-613. (1) The department shall provide reimbursements for the final
disposition of indigent persons. The reimbursements shall include the
following:
(a)
The maximum allowable reimbursement for the final disposition is $840.00.
(b)
The adult burial with services allowance is $765.00.
(c)
The adult burial without services allowance is $530.00.
(d)
The infant burial allowance is $210.00.
(2)
Reimbursement for a cremation permit fee of up to $75.00 and for mileage at the
standard rate will be made available for an eligible cremation. The
reimbursements under this section shall take into consideration religious
preferences that prohibit cremation.
Sec.
8-614. The department shall report to the senate and house of representatives
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the senate and house policy offices by January 15 of the
current fiscal year on the number and percentage of state disability assistance
recipients who were determined to be eligible for federal supplemental security
income benefits in the previous fiscal year.
Sec.
8-615. Except as required by federal law or regulations, funds appropriated in
part 1 shall not be used to provide public assistance to a person who is not a
United States citizen, permanent resident alien, or refugee. This section shall
not prohibit the department from entering into contracts with food banks,
emergency shelter providers, or other human services agencies who may, as a
normal part of doing business, provide food or emergency shelter.
Sec.
8-616. The department shall require retailers that participate in the
electronic benefits transfer program to charge no more than $2.50 in fees for
cash back as a condition of participation.
Sec.
8-618. By March 1 of the current fiscal year, the department shall report to
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 the quarterly number of supervised individuals who have
absconded from supervision and whom a law enforcement agency, the department of
corrections, or the department is actively seeking according to section 84 of the
corrections code of 1953, 1953 PA 232, MCL 791.284.
Sec.
8-619. The department shall not deny title IV-A assistance and food assistance
benefits under 21 USC 862a to any individual who has been convicted of a felony
that included the possession, use, or distribution of a controlled substance,
for which the act that resulted in the conviction occurred after August 22,
1996, if the individual is not in violation of his or her probation or parole
requirements.
Sec.
8-620. (1) The department shall make a determination of Medicaid eligibility
not later than 90 days if disability is an eligibility factor. For all other
Medicaid applicants, including patients of a nursing home, the department shall
make a determination of Medicaid eligibility within 45 days of application.
(2)
The department shall provide semiannual reports to the senate and house
appropriations subcommittees on the department budget, the senate and house
standing committees on families and human services, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget office on
the average Medicaid eligibility standard of promptness for each of the
required standards of promptness under subsection (1) and for medical review
team reviews achieved statewide and at each local office.
Sec.
8-645. An individual or family is considered homeless, for purposes of
eligibility for state emergency relief, if living temporarily with others in
order to escape domestic violence. For purposes of this section, domestic
violence is defined and verified in the same manner as in the department's
policies on good cause for not cooperating with child support and paternity
requirements.
Sec.
8-653. From the funds appropriated in part 1 for food assistance program
benefits, an individual who is the victim of domestic violence and does not
qualify for any other exemption may be exempt from the 3-month in 36-month
limit on receiving food assistance under 7 USC 2015. This exemption can be
extended an additional 3 months upon demonstration of continuing need.
Sec.
8-654. The department shall notify recipients of food assistance program
benefits that their benefits can be spent with their bridge cards at many
farmers' markets in the state. The department shall also notify recipients
about the Double Up Food Bucks program that is administered by the Fair Food
Network. Recipients shall receive information about the Double Up Food Bucks
program, including information that when the recipient spends $20.00 at
participating farmers' markets through the program, the recipient can receive
an additional $20.00 to buy Michigan produce.
Sec.
8-655. Within 14 days after the spending plan for low-income home energy
assistance program is approved by the state budget office, the department shall
provide the spending plan, including itemized projected expenditures, to the
chairpersons of 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.
8-669. From the funds appropriated in part 1 for family independence program,
the department shall allocate $7,230,000.00 for the annual clothing allowance.
The allowance shall be granted to all eligible children in a family
independence program group.
Sec.
8-672. (1) The department's office of inspector general shall report to the
senate and house of representatives appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the senate and
house policy offices by February 15 of the current fiscal year on department
efforts to reduce inappropriate use of Michigan bridge cards and food
assistance program trafficking. The department shall provide information on the
number of recipients of services who used their electronic benefit transfer
card inappropriately and the current status of each case, the number of
recipients whose benefits were revoked, whether permanently or temporarily, as
a result of inappropriate use, and the number of retailers that were fined or
removed from the electronic benefit transfer program for permitting
inappropriate use of the cards. The report shall also include the number of
Michigan bridge card trafficking instances and overall welfare fraud referrals
that includes such information as the number of investigations completed, fraud
and intentional program violation dollar amounts identified, the number of
referrals to prosecutors, the number of administrative hearing referrals and
waivers, and the number of program disqualifications imposed. The report shall
distinguish between savings and cost avoidance. Savings include receivables
established from instances of fraud committed. Cost avoidance includes
expenditures avoided due to front-end eligibility investigations and other
preemptive actions undertaken in the prevention of fraud.
(2)
When a fourth EBT card has been issued within a 12 month period, the department
shall notify the household that they have reached the number of issued cards
threshold. At their fifth and each subsequent card replacement request, a card
will not be issued until the recipient has spoken directly to the local office
district manager or county director. The district manager or county director
may issue a new EBT card under their authority based on their assessment of the
recipient's situation and explanation.
(3)
As used in this section, "inappropriate use" means not used to meet a
family's ongoing basic needs, including food, clothing, shelter, utilities,
household goods, personal care items, and general incidentals.
(4)
As used in this section, "food assistance trafficking" means the
buying and selling of food assistance benefits for cash or items not authorized
under the food and nutrition act, 7 USC 2036.
Sec.
8-677. (1) The department shall establish a state goal for the percentage of
family independence program cases involved in employment activities. The
percentage established shall not be less than 50%. The goal for long-term
employment shall be 15% of cases for 6 months or more.
(2)
The department shall provide semiannual reports to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies and policy offices, and the state budget director on the number
of cases referred to Partnership. Accountability. Training. Hope. (PATH), the
current percentage of family independence program cases involved in PATH
employment activities, an estimate of the current percentage of family
independence program cases that meet federal work participation requirements on
the whole, and an estimate of the current percentage of the family independence
program cases that meet federal work participation requirements for those cases
referred to PATH.
(3)
The department shall submit to 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 semiannual
reports that include all of the following:
(a)
The number and percentage of nonexempt family independence program recipients
who are employed.
(b)
The average and range of wages of employed family independence program
recipients.
(c)
The number and percentage of employed family independence program recipients
who remain employed for 6 months or more.
Sec.
8-686. (1) The department shall confirm that individuals presenting personal
identification issued by another state seeking assistance through the family
independence program, food assistance program, state disability assistance
program, or medical assistance program are not receiving benefits from any
other state.
(2)
The department shall confirm the address provided by any individual seeking
family independence program benefits or state disability assistance benefits.
(3)
The department shall prohibit individuals with property assets assessed at a
value higher than $200,000.00 from accessing assistance through
department-administered programs, unless such a prohibition would violate
federal rules and guidelines.
Sec.
8-687. (1) The department shall, in quarterly reports, compile and make
available on its website all of the following information about the family
independence program, state disability assistance, the food assistance program,
Medicaid, and state emergency relief:
(a)
The number of applications received.
(b)
The number of applications approved.
(c)
The number of applications denied.
(d)
The number of applications pending and neither approved nor denied.
(e)
The number of cases opened.
(f)
The number of cases closed.
(g)
The number of cases at the beginning of the quarter and the number of cases at
the end of the quarter.
(2)
The information provided under subsection (1) shall be compiled and made
available for the state as a whole and for each county and reported separately
for each program listed in subsection (1).
(3)
The department shall, in quarterly reports, compile and make available on its
website the family independence program information listed as follows:
(a)
The number of new applicants who successfully met the requirements of the
10-day assessment period for PATH.
(b)
The number of new applicants who did not meet the requirements of the 10-day
assessment period for PATH.
(c)
The number of cases sanctioned because of the school truancy policy.
(d)
The number of cases closed because of the 48-month and 60-month lifetime
limits.
(e)
The number of first-, second-, and third-time sanctions.
(f)
The number of children ages 0-5 living in Family Independence
Program-sanctioned households.
Sec.
8-688. From the funds appropriated in part 1 for the low-income home energy
assistance program, the department shall make an additional $20.01 payment to
each food assistance program case that is not currently eligible for the
standard utility allowance to enable each case to receive expanded food
assistance benefits through the program commonly known as the heat and eat
program.
CHILDREN'S SERVICES AGENCY -
JUVENILE JUSTICE
Sec.
8-701. Unless required from changes to federal or state law or at the request
of a provider, the department shall not alter the terms of any signed contract
with a private residential facility serving children under state or court
supervision without written consent from a representative of the private
residential facility.
Sec.
8-706. Counties shall be subject to 50% chargeback for the use of alternative
regional detention services, if those detention services do not fall under the
basic provision of section 117e of the social welfare act, 1939 PA 280, MCL
400.117e, or if a county operates those detention services programs primarily
with professional rather than volunteer staff.
Sec.
8-707. In order to be reimbursed for child care fund expenditures, counties are
required to submit department-developed reports to enable the department to
document potential federally claimable expenditures. This requirement is in
accordance with the reporting requirements specified in section 117a(11) of the
social welfare act, 1939 PA 280, MCL 400.117a.
Sec.
8-708. (1) As a condition of receiving funds appropriated in part 1 for the
child care fund line item, by October 15 of the current fiscal year, counties
shall have an approved service spending plan for the current fiscal year.
Counties must submit the service spending plan for the following fiscal year to
the department by August 15 of the current fiscal year for approval. Upon
submission of the county service spending plan, the department shall approve
within 30 calendar days after receipt of a properly completed service plan that
complies with the requirements of the social welfare act, 1939 PA 280, MCL
400.1 to 400.119b. The department shall notify and submit county service
spending plan revisions to any county whose county service spending plan is not
accepted upon initial submission. The department shall not request any
additional revisions to a county service spending plan outside of the requested
revision notification submitted to the county by the department. The department
shall notify a county within 30 days after approval that its service plan was
approved.
(2)
Counties must submit amendments to current fiscal year county service plans no
later than August 30. Counties must submit current fiscal year payable
estimates to the department no later than September 15.
(3)
The department shall submit a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office by February 15
of the current fiscal year on the number of counties that fail to submit a
service spending plan by August 15 of the previous fiscal year and the number
of service spending plans not approved by October 15. The report shall include
the number of county service spending plans that were not approved as first
submitted by the counties, as well as the number of plans that were not
approved by the department after being resubmitted by the county with the first
revisions that were requested by the department.
Sec.
8-709. The department's master contract for juvenile justice residential foster
care services shall prohibit contractors from denying a referral for placement
of a youth, or terminating a youth's placement, if the youth's assessed
treatment needs are in alignment with the facility's residential program type,
as identified by the court or the department. In addition, the master contract
shall require that youth placed in juvenile justice residential foster care
facilities must have regularly scheduled treatment sessions with a licensed
psychologist or psychiatrist, or both, and access to the licensed psychologist
or psychiatrist as needed.
Sec.
8-715. (1) As a condition of receiving funds appropriated in part 1 for raise
the age fund, by deadlines established and advised by the department, counties
shall have an approved budget plan for the current fiscal year. Counties must
submit the budget plan for the following fiscal year to the department by
deadlines established and advised by the department in the current fiscal year
for approval. The budget plan shall specifically identify the types of costs to
be reimbursed, estimated costs for each item, and the total estimated cost to
be reimbursed. The types of costs to be reimbursed must comply with the
requirements of the social welfare act, 1939 PA 280, MCL 400.117i.
(2)
County reimbursement from the raise the age fund is limited to eligible youth
and items specifically identified in approved budget plans and shall not exceed
the total estimated cost included in the approved budget plan.
(3)
Counties must submit amendments to current fiscal year county budget plans by
deadlines as established and advised by the department. Counties must submit
current fiscal year payable estimates for raise the age funds to the department
by deadlines established and advised by the department.
(4)
As used in this section, eligible youth shall include both of the following:
(a)
Pre-Adjudication Eligible Youth: a youth for whom a petition has been filed
alleging commission of a status or criminal offense on or after his or her
reaching the age of 17, but prior to age 18.
(b)
Post-Adjudication Eligible Youth: a youth who has been adjudicated for a status
or criminal offense for which a petition was filed alleging commission of a
status or criminal offense on or after his or her reaching the age of 17, but
prior to age 18.
FIELD OPERATIONS AND SUPPORT
SERVICES
Sec.
8-801. (1) The department shall report quarterly on the most recent food
assistance program error rate derived from the active cases, reported to the
United States Department of Agriculture - Food and Nutrition Services for the
supplemental nutrition assistance program, to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office.
(2)
By March 1 of the current fiscal year, the department shall report on the
progress of the corrective action taken utilizing the funds appropriated for
food assistance reinvestment in lowering the food assistance program error rate
and improving program payment accuracy.
Sec.
8-802. From the funds appropriated in part 1 for field staff travel, the
department shall allocate up to $100,000.00 toward reimbursing local county
board members and county department directors for out-of-pocket travel costs to
attend 1 meeting per year of the Michigan County Social Services Association.
Sec.
8-807. From the funds appropriated in part 1 for Elder Law of Michigan MiCAFE
contract, the department shall allocate not less than $350,000.00 to the Elder
Law of Michigan MiCAFE to assist this state's elderly population in
participating in the food assistance program. Of the $350,000.00 allocated
under this section, the department shall use $175,000.00, which are general
fund/general purpose funds, as state matching funds for not less than
$175,000.00 in United States Department of Agriculture funding to provide
outreach program activities, such as eligibility screening and information
services, as part of a statewide food assistance hotline.
Sec.
8-808. By March 1 of the current fiscal year, the department shall provide a
report to 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 on the nutrition education program. The
report shall include requirements made by the agriculture improvement act of
2018, Public Law 115-334, such as how the department shall use an electronic
reporting system to evaluate projects and an accounting of allowable state
agency administrative costs. The report shall also include documentation of the
steps the department shall take to ensure that projects and subgrantee programs
are evidence-based, appropriated for, and meet the criteria for eligible
individuals as defined in section 2036a(a) of the food and nutrition act, 7 USC
2036, and quantitative evidence that the programs contribute to a reduction in
obesity or an increase in the consumption of healthy foods. Additionally, the report
shall include planned allocation and actual expenditures for the supplemental
nutrition assistance program education funding, planned and actual grant
amounts for the supplemental nutrition assistance program education funding,
the total amount of expected carryforward balance at the end of the current
fiscal year for the supplemental nutrition assistance program education funding
and for each subgrantee program, a list of all supplemental nutrition
assistance program education funding programs by implementing agency, and the
stated purpose of each of the programs and each of the subgrantee programs.
Sec.
8-809. (1) The purpose of the pathways to potential program is to increase
graduation rate and decrease the number of students who repeat grades for schools
that are current or future participants in the pathways to potential program.
Before any deployment of resources into a participant school, the department
and the participant school shall establish performance objectives for each
participant school based on a 2-year baseline prior to pathways to potential
being established in the participant school and shall evaluate the progress
made in the above categories from the established baseline. By March 1 of the
current fiscal year, the department shall provide to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the senate and house policy offices a report listing all
participant schools, the number of staff assigned to each school by participant
school, and the percentage of participating schools that achieved improved
performance in each of the 2 outcomes listed above compared to the previous
year, by each individual outcome. It is the intent of the legislature that
after a 2-year period without attaining an increase in success in meeting the 2
listed outcomes from the established baseline, the department shall work with
the participant school to examine the cause of the lack of progress and shall
seek to implement a plan to increase success in meeting the identified
outcomes. It is the intent of the legislature that progress or the lack of
progress made in meeting the performance objectives shall be used as a
determinant in future pathways to potential resource allocation decisions.
(2)
As used in this section, "baseline" means the initial set of data
from the center for educational performance and information in the department
of technology, management, and budget of the 2 measured outcomes as described
in subsection (1).
Sec.
8-825. (1) From the funds appropriated in part 1, the department shall provide
individuals not more than $500.00 for vehicle repairs, including any repairs
done in the previous 12 months. However, the department may in its discretion
pay for repairs up to $900.00. Payments under this section shall include the
combined total of payments made by the department and work participation
program.
(2)
By November 30 of the current fiscal year, the department shall provide to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the senate and house policy offices a
report detailing the total number of payments for repairs, the number of
payments for repairs that exceeded $500.00, the number of payments for repairs
that cost exactly $500.00, and the number of payments for repairs that cost
exactly $900.00 in the previous fiscal year.
Sec.
8-850. (1) The department shall maintain out-stationed eligibility specialists
in community-based organizations, community mental health agencies, nursing
homes, adult placement and independent living settings, federally qualified
health centers, and hospitals unless a community-based organization, community
mental health agency, nursing home, adult placement and independent living
setting, federally qualified health centers, or hospital requests that the
program be discontinued at its facility.
(2)
From the funds appropriated in part 1 for donated funds positions, the
department shall enter into contracts with agencies that are able and eligible
under federal law to provide the required matching funds for federal funding,
as determined by federal statute and regulations.
(3)
A contract for an assistance payments donated funds position must include, but
not be limited to, the following performance metrics:
(a)
Meeting a standard of promptness for processing applications for Medicaid and
other public assistance programs under state law.
(b)
Meeting required standards for error rates in determining programmatic
eligibility as determined by the department.
(4)
The department shall only fill additional donated funds positions after a new
contract has been signed. That position shall also be abolished when the
contract expires or is terminated.
(5)
The department shall classify as limited-term FTEs any new employees who are
hired to fulfill the donated funds position contracts or are hired to fill any
vacancies from employees who transferred to a donated funds position.
(6)
By March 1 of the current fiscal year, the department shall submit a report to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget
office detailing information on the donated funds positions, including the total
number of occupied positions, the total private contribution of the positions,
and the total cost to the state for any nonsalary expenditure for the donated
funds position employees.
Sec.
8-851. (1) From the funds appropriated in part 1 for adult services field
staff, the department shall seek to reduce the number of older adults who are
victims of crime and fraud by increasing the standard of promptness in every
county, as measured by commencing an investigation within 24 hours after a
report is made to the department, establishing face-to-face contact with the
client within 72 hours after a report is made to the department, and completing
the investigation within 30 days after a report is made to the department.
(2)
The department shall report no later than March 1 of the current fiscal year to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the house and senate policy offices on
the services provided to older adults who were victims of crime or fraud in the
previous fiscal year. The report shall include, but is not limited to, the
following by county: the percentage of investigations commenced within 24 hours
after a report is made to the department, the number of face-to-face contacts
established with the client within 72 hours after a report is made to the
department, the number of investigations completed within 30 days after a
report is made to the department, and the total number of older adults that
were victims of crime or fraud in the previous fiscal year and were provided
services by the department as a result of being victims of crime or fraud.
DISABILITY DETERMINATION SERVICES
Sec.
8-890. From the funds appropriated in part 1 for disability determination
services, the department shall maintain the unit rates in effect on September
30, 2019 for medical consultants performing disability determination services,
including physicians, psychologists, and speech-language pathologists.
BEHAVIORAL HEALTH PROGRAM
ADMINISTRATION AND SPECIAL PROJECTS
Sec.
8-901. The funds appropriated in part 1 are intended to support a system of
comprehensive community mental health services under the full authority and
responsibility of local CMHSPs or PIHPs in accordance with the mental health
code, 1974 PA 258, MCL 330.1001 to 330.2106, the Medicaid provider manual,
federal Medicaid waivers, and all other applicable federal and state laws.
Sec.
8-902. (1) From the funds appropriated in part 1, final authorizations to
CMHSPs or PIHPs shall be made upon the execution of contracts between the
department and CMHSPs or PIHPs. The contracts shall contain an approved plan
and budget as well as policies and procedures governing the obligations and
responsibilities of both parties to the contracts. Each contract with a CMHSP
or PIHP that the department is authorized to enter into under this subsection
shall include a provision that the contract is not valid unless the total
dollar obligation for all of the contracts between the department and the
CMHSPs or PIHPs entered into under this subsection for the current fiscal year
does not exceed the amount of money appropriated in part 1 for the contracts
authorized under this subsection.
(2)
The department shall immediately report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the state budget director if either of the following occurs:
(a)
Any new contracts the department has entered into with CMHSPs or PIHPs that
would affect rates or expenditures.
(b)
Any amendments to contracts the department has entered into with CMHSPs or
PIHPs that would affect rates or expenditures.
(3)
The report required by subsection (2) shall include information about the
changes and their effects on rates and expenditures.
Sec.
8-904. (1) By May 31 of the current fiscal year, the department shall provide a
report on the CMHSPs, PIHPs, and designated regional entities for substance use
disorder prevention and treatment to the members of the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget director that includes the information
required by this section.
(2)
The report shall contain information for each CMHSP, PIHP, and designated
regional entity for substance use disorder prevention and treatment, and a
statewide summary, each of which shall include at least the following
information:
(a)
A demographic description of service recipients that, minimally, shall include
reimbursement eligibility, client population, age, ethnicity, housing
arrangements, and diagnosis.
(b)
Per capita expenditures in total and by client population group and cultural
and ethnic groups of the services area, including the deaf and hard of hearing
population.
(c)
Financial information that, minimally, includes a description of funding
authorized; expenditures by diagnosis group, service category, and
reimbursement eligibility; and cost information by Medicaid, Healthy Michigan
plan, state appropriated non-Medicaid mental health services, local funding,
and other fund sources, including administration and funds specified for all
outside contracts for services and products. Financial information must include
the amount of funding, from each fund source, used to cover clinical services
and supports. Service category includes all department-approved services.
(d)
Data describing service outcomes that include, but are not limited to, an
evaluation of consumer satisfaction, consumer choice, and quality of life
concerns including, but not limited to, housing and employment.
(e)
Information about access to CMHSPs and designated regional entities for
substance use disorder prevention and treatment that includes, but is not
limited to, the following:
(i)
The number of people receiving requested services.
(ii)
The number of people who requested services but did not receive services.
(f)
The number of second opinions requested under the mental health code, 1974 PA
258, MCL 330.1001 to 330.2106, and the determination of any appeals.
(g)
Lapses and carryforwards during the previous fiscal year for CMHSPs, PIHPs, and
designated regional entities for substance use disorder prevention and
treatment.
(h)
Performance indicator information required to be submitted to the department in
the contracts with CMHSPs, PIHPs, and designated regional entities for
substance use disorder prevention and treatment.
(i)
Administrative expenditures of each CMHSP, PIHP, and designated regional entity
for substance use disorder prevention and treatment that include a breakout of
the salary, benefits, and pension of each executive-level staff and shall
include the director, chief executive, and chief operating officers and other
members identified as executive staff.
(3)
The report shall contain the following information from the previous fiscal
year on substance use disorder prevention, education, and treatment programs:
(a)
Expenditures stratified by department-designated community mental health
entity, by central diagnosis and referral agency, by fund source, by
subcontractor, by population served, and by service type.
(b)
Expenditures per state client, with data on the distribution of expenditures
reported using a histogram approach.
(c)
Number of services provided by central diagnosis and referral agency, by
subcontractor, and by service type. Additionally, data on length of stay,
referral source, and participation in other state programs.
(d)
Collections from other first- or third-party payers, private donations, or
other state or local programs, by department-designated community mental health
entity, by subcontractor, by population served, and by service type.
(4)
The department shall include data reporting requirements listed in subsections
(2) and (3) in the annual contract with each individual CMHSP, PIHP, and
designated regional entity for substance use disorder treatment and prevention.
(5)
The department shall take all reasonable actions to ensure that the data
required are complete and consistent among all CMHSPs, PIHPs, and designated
regional entities for substance use disorder prevention and treatment.
Sec.
8-907. (1) The amount appropriated in part 1 for community substance use
disorder prevention, education, and treatment shall be expended to coordinate
care and services provided to individuals with severe and persistent mental
illness and substance use disorder diagnoses.
(2)
The department shall approve managing entity fee schedules for providing
substance use disorder services and charge participants in accordance with
their ability to pay.
(3)
The managing entity shall continue current efforts to collaborate on the
delivery of services to those clients with mental illness and substance use
disorder diagnoses with the goal of providing services in an administratively
efficient manner.
Sec.
8-909. From the funds appropriated in part 1 for Health Homes, the department
shall use available revenue from the marihuana regulatory fund established in
section 604 of the medical marihuana facilities licensing act, 2016 PA 281, MCL
333.27604, to improve physical health; expand access to substance use disorder
prevention and treatment services; and strengthen the existing prevention,
treatment, and recovery systems.
Sec.
8-910. The department shall ensure that substance use disorder treatment is
provided to applicants and recipients of public assistance through the
department who are required to obtain substance use disorder treatment as a
condition of eligibility for public assistance.
Sec.
8-911. (1) The department shall ensure that each contract with a CMHSP or PIHP
requires the CMHSP or PIHP to implement programs to encourage diversion of
individuals with serious mental illness, serious emotional disturbance, or
developmental disability from possible jail incarceration when appropriate.
(2)
Each CMHSP or PIHP shall have jail diversion services and shall work toward
establishing working relationships with representative staff of local law
enforcement agencies, including county prosecutors' offices, county sheriffs'
offices, county jails, municipal police agencies, municipal detention
facilities, and the courts. Written interagency agreements describing what
services each participating agency is prepared to commit to the local jail
diversion effort and the procedures to be used by local law enforcement
agencies to access mental health jail diversion services are strongly
encouraged.
Sec.
8-918. On or before the twenty-fifth of each month, the department shall report
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget director on the
amount of funding paid to PIHPs to support the Medicaid managed mental health
care program in the preceding month. The information shall include the total
paid to each PIHP, per capita rate paid for each eligibility group for each
PIHP, and number of cases in each eligibility group for each PIHP, and
year-to-date summary of eligibles and expenditures for the Medicaid managed
mental health care program.
Sec.
8-920. As part of the Medicaid rate-setting process for behavioral health
services, the department shall work with PIHP network providers and actuaries
to include any state and federal wage and compensation increases that directly
impact staff who provide Medicaid-funded community living supports, personal
care services, respite services, skill-building services, and other similar
supports and services as part of the Medicaid rate.
Sec.
8-924. From the funds appropriated in part 1 for autism services, for the
purposes of actuarially sound rate certification and approval for Medicaid
behavioral health managed care programs, the department shall maintain a fee
schedule for autism services reimbursement rates for direct services.
Expenditures used for rate setting shall not exceed those identified in the fee
schedule. The rates for behavioral technicians shall not be less than $50.00
per hour and not more than $55.00 per hour.
Sec.
8-926. (1) From the funds appropriated in part 1 for community substance use
disorder prevention, education, and treatment, $500,000.00 is allocated for a
specialized substance use disorder detoxification pilot project administered by
a 9-1-1 service district in conjunction with a substance use and case
management provider and at a hospital in a city with a population between
95,000 and 97,000 according to the most recent federal decennial census within
a county with a population of at least 1,500,000 according to the most recent
federal decennial census. The hospital must have a wing with at least 10 beds
dedicated to stabilizing patients suffering from addiction by providing a
specialized trauma therapist as well as a peer support specialist to assist
with treatment and counseling.
(2)
The substance use and case management provider receiving funds under this
section shall collect and submit to the department data on the outcomes of the
pilot project throughout the duration of the pilot project and shall provide a
report on the pilot project's outcomes to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the state budget office.
Sec.
8-928. Each PIHP shall provide, from internal resources, local funds to be used
as a part of the state match required under the Medicaid program in order to
increase capitation rates for PIHPs. These funds shall not include either state
funds received by a CMHSP for services provided to non-Medicaid recipients or
the state matching portion of the Medicaid capitation payments made to a PIHP.
Sec.
8-935. A county required under the provisions of the mental health code, 1974
PA 258, MCL 330.1001 to 330.2106, to provide matching funds to a CMHSP for
mental health services rendered to residents in its jurisdiction shall pay the
matching funds in equal installments on not less than a quarterly basis
throughout the fiscal year, with the first payment being made by October 1 of
the current fiscal year.
Sec.
8-940. (1) According to section 236 of the mental health code, 1974 PA 258, MCL
330.1236, the department shall review expenditures for each CMHSP to identify
CMHSPs with projected allocation surpluses and to identify CMHSPs with
projected allocation shortfalls. The department shall encourage the board of a
CMHSP with a projected allocation surplus to concur with the department's
recommendation to reallocate those funds to CMHSPs with projected allocation
shortfalls.
(2)
A CMHSP that has its funding allocation transferred out during the current
fiscal year as described in subsection (1) is not eligible for any additional
funding reallocations during the remainder of the current fiscal year, unless
that CMHSP is responding to a public health emergency as determined by the
department.
(3)
CMHSPs shall report to the department on any proposed reallocations described
in this section at least 30 days before any reallocations take effect.
(4)
The department shall notify the chairs of the appropriation subcommittees on
the department budget when a request is made and when the department grants
approval for reallocation as described in subsection (1). By September 30 of
the current fiscal year, the department shall provide a report on the amount of
funding reallocated to 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.
8-942. A CMHSP shall provide at least 30 days' notice before reducing,
terminating, or suspending services provided by a CMHSP to CMHSP clients, with
the exception of services authorized by a physician that no longer meet
established criteria for medical necessity.
Sec.
8-962. For the purposes of special projects involving high-need children or
adults, including the not guilty by reason of insanity population, the
department may contract directly with providers of services to these identified
populations.
Sec.
8-972. From the funds appropriated in behavioral health program administration,
the department shall utilize up to $1,500,000.00 general fund/general purpose
revenues, and any additional federal revenues, to develop, implement, and
maintain the Michigan crisis and access line (MiCAL) pursuant to section 165 of
the mental health code, 1974 PA 258, MCL 330.1165, and the psychiatric bed registry
pursuant to section 151 of the mental health code, 1974 PA 258, MCL 330.1151.
In accordance with section 165 of the mental health code, 1974 PA 258, MCL
330.1165, the psychiatric bed registry must be integrated with and be part of
the MiCAL system, including any related procurement. In accordance with both
section 165 of the mental health code, 1974 PA 258, MCL 330.1165, and section
151 of the mental health code, 1974 PA 258, MCL 330.1151, for MiCAL and the
psychiatric bed registry, respectively, any procurement or purchasing related
contracts must be managed by the department in conjunction with the department
of technology, management, and budget and state information technology
procurement laws, regulations, and policies. No other state department or agency
outside of the department, in conjunction with the department of technology,
management, and budget, may develop a psychiatric bed registry for the purposes
of compliance with section 151 of the mental health code, 1974 PA 258, MCL
330.1151, and section 165 of the mental health code, 1974 PA 258, MCL 330.1165.
Sec.
8-974. The department and PIHPs shall allow an individual with an intellectual
or developmental disability who receives supports and services from a CMHSP to
instead receive supports and services from another provider if the individual
shows that he or she is eligible and qualified to receive supports and services
from another provider. Other providers may include, but are not limited to,
MIChoice and program of all-inclusive care for the elderly (PACE).
Sec.
8-995. From the funds appropriated in part 1 for mental health diversion
council, the department shall continue to implement the jail diversion pilot
programs intended to address the recommendations of the mental health diversion
council.
Sec.
8-996. From the funds appropriated in part 1 for family support subsidy, the
department shall make monthly payments of $229.31 to the parents or legal
guardians of children approved for the family support subsidy by a CMHSP.
Sec.
8-997. The population data used in determining the distribution of substance
use disorder block grant funds shall be from the most recent federal data from
the United States Census Bureau.
Sec.
8-998. For distribution of state general funds to CMHSPs, if the department decides
to use census data, the department shall use the most recent federal data from
the United States Census.
Sec.
8-999. Within 30 days after the completion of a statewide PIHP reimbursement
audit, the department shall provide the audit report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office.
BEHAVIORAL HEALTH SERVICES
Sec.
8-1000. (1) From the funds appropriated in part 1, the department of health and
human services shall provide sufficient funding to increase the wages paid to
direct care workers described in subsection (2) by $2.00 per hour above the
rates paid on March 1, 2020 for the current fiscal year.
(2)
The direct care wage increase shall be provided to direct care workers employed
by the department of health and human services, its contractors, and its
subcontractors who received a $2.00 per hour state-funded wage increase
beginning in April 2020. The total combined direct care wage increases from the
April 2020 direct care wage increase and the wage increase outlined in this
section shall be $2.00 per hour and shall be in effect for the current fiscal
year.
(3)
From the funds appropriated in part 1, the department of health and human
services shall provide sufficient funding to increase the wages paid to direct
care workers described in subsections (4) and (5) by $2.00 per hour above the
rates paid on June 1, 2020 for the current fiscal year.
(4)
A direct care wage increase of $2.00 per hour shall be provided to direct care
workers employed by skilled nursing facilities for the current fiscal year.
This funding shall include all costs incurred by the employer, including
payroll taxes, due to the $2.00 per hour increase. As used in this subsection,
"direct care workers" means a registered nurse, licensed practical
nurse, competency-evaluated nursing assistant, and respiratory therapist.
(5)
A direct care wage increase of $2.00 per hour shall be provided to direct care
workers employed by area agencies on aging and its contractors for in-home and
respite services for the current fiscal year. This funding shall include all
costs incurred by the employer, including payroll taxes, due to the $2.00 per
hour increase.
(6)
Contractors and subcontractors receiving funding to support these direct care
wage increases shall be required to provide documentation of the wage increases
provided pursuant to this section to the department of health and human
services.
(7)
Any payment enhancement above the hourly rate in effect immediately prior to
the wage increase shall be of no effect in determining any employee's average
compensation as provided by any contract or other provision of law.
(8)
A direct care worker may elect to not receive the wage increase provided in
this section. The election to not receive the wage increase in this section
must be made either in writing or electronically. The employer of a direct care
worker who has elected to not receive the wage increase in this section must
remit back to the state any of the funds authorized by this section based on
the number of direct care workers it employs who have elected to not receive
the wage increase authorized by this section.
Sec.
8-1001. By December 31 of the current fiscal year, each CMHSP shall submit a
report to the department that identifies populations being served by the CMHSP
broken down by program eligibility category. The report shall also include the
percentage of the operational budget that is related to program eligibility
enrollment. By February 15 of the current fiscal year, the department shall
submit the report described in this section to 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.
8-1003. The department shall notify the Community Mental Health Association of
Michigan when developing policies and procedures that will impact PIHPs or
CMHSPs.
Sec.
8-1004. The department shall provide the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the state budget office any rebased formula changes to either Medicaid
behavioral health services or non-Medicaid mental health services before
implementation. The notification shall include a table showing the changes in
funding allocation by PIHP for Medicaid behavioral health services or by CMHSP
for non-Medicaid mental health services.
Sec.
8-1008. PIHPs and CMHSPs shall do all of the following:
(a)
Work to reduce administration costs by ensuring that PIHP and CMHSP responsible
functions are efficient in allowing optimal transition of dollars to those direct
services considered most effective in assisting individuals served. Any
consolidation of administrative functions must demonstrate, by independent
analysis, a reduction in dollars spent on administration resulting in greater
dollars spent on direct services. Savings resulting from increased efficiencies
shall not be applied to PIHP and CMHSP net assets, internal service fund
increases, building costs, increases in the number of PIHP and CMHSP personnel,
or other areas not directly related to the delivery of improved services.
(b)
Take an active role in managing mental health care by ensuring consistent and
high-quality service delivery throughout its network and promote a
conflict-free care management environment.
(c)
Ensure that direct service rate variances are related to the level of need or
other quantifiable measures to ensure that the most money possible reaches
direct services.
(d)
Whenever possible, promote fair and adequate direct care reimbursement,
including fair wages for direct service workers.
Sec.
8-1009. (1) From the funds appropriated in part 1 for Medicaid mental health
services and Healthy Michigan plan - behavioral health, the department shall
continue the $2.00 hourly wage increase for direct care workers as implemented
in the previous fiscal year. Funds provided in this section must be utilized by
a PIHP to maintain the wage increase for direct care worker wages, for the
employer's share of federal insurance contributions act costs, purchasing
worker's compensation insurance, or the employer's share of unemployment costs.
(2)
Each PIHP shall report to the department by February 1 of the current fiscal
year the range of wages paid to direct care workers, including information on
the number of direct care workers at each wage level.
(3)
The department shall report the information required to be reported according
to subsection (2) to 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 by March 1 of the current fiscal
year.
Sec.
8-1010. The funds appropriated in part 1 for behavioral health community
supports and services must be used to expand assertive community treatment
(ACT), forensic assertive community treatment (FACT), and supportive housing
and residential programs for the purpose of reducing waiting lists at
state-operated hospitals and centers through cost-effective community-based
services.
Sec.
8-1014. (1) From the funds appropriated in part 1 to agencies providing
physical and behavioral health services to multicultural populations, the
department shall award grants in accordance with the requirements of subsection
(2). The state is not liable for any spending above the contract amount. Funds
shall not be released until reporting requirements under section 295 of 2020 PA
166 are satisfied.
(2)
The department shall require each contractor described in subsection (1) that
receives greater than $1,000,000.00 in state grant funding to comply with performance-related
metrics to maintain their eligibility for funding. The organizational metrics
shall include, but not be limited to, all of the following:
(a)
Each contractor or subcontractor shall have accreditations that attest to their
competency and effectiveness as behavioral health and social service agencies.
(b)
Each contractor or subcontractor shall have a mission that is consistent with
the purpose of the multicultural agency.
(c)
Each contractor shall validate that any subcontractors utilized within these
appropriations share the same mission as the lead agency receiving funding.
(d)
Each contractor or subcontractor shall demonstrate cost-effectiveness.
(e)
Each contractor or subcontractor shall ensure their ability to leverage private
dollars to strengthen and maximize service provision.
(f)
Each contractor or subcontractor shall provide timely and accurate reports
regarding the number of clients served, units of service provision, and ability
to meet their stated goals.
(3)
The department shall require an annual report from the contractors described in
subsection (2). The annual report, due 60 days following the end of the
contract period, shall include specific information on services and programs
provided, the client base to which the services and programs were provided,
information on any wraparound services provided, and the expenditures for those
services. The department shall provide the annual reports to the senate and
house appropriations subcommittees on health and human services, the senate and
house fiscal agencies, and the state budget office.
STATE PSYCHIATRIC HOSPITALS AND
FORENSIC MENTAL HEALTH SERVICES
Sec.
8-1051. The department shall continue a revenue recapture project to generate
additional revenues from third parties related to cases that have been closed
or are inactive. A portion of revenues collected through project efforts may be
used for departmental costs and contractual fees associated with these
retroactive collections and to improve ongoing departmental reimbursement
management functions.
Sec.
8-1052. The purpose of gifts and bequests for patient living and treatment
environments is to use additional private funds to provide specific
enhancements for individuals residing at state-operated facilities. Use of the
gifts and bequests shall be consistent with the stipulation of the donor. The
expected completion date for the use of gifts and bequests donations is within
3 years unless otherwise stipulated by the donor.
Sec.
8-1055. (1) The department shall not implement any closures or consolidations
of state hospitals, centers, or agencies until CMHSPs or PIHPs have programs
and services in place for those individuals currently in those facilities and a
plan for service provision for those individuals who would have been admitted
to those facilities.
(2)
All closures or consolidations are dependent upon adequate department-approved
CMHSP and PIHP plans that include a discharge and aftercare plan for each
individual currently in the facility. A discharge and aftercare plan shall
address the individual's housing needs. A homeless shelter or similar temporary
shelter arrangements are inadequate to meet the individual's housing needs.
(3)
Four months after the certification of closure required in section 19(6) of the
state employees' retirement act, 1943 PA 240, MCL 38.19, the department shall
provide a closure plan to the house and senate appropriations subcommittees on
the department budget and the state budget director.
(4)
Upon the closure of state-run operations and after transitional costs have been
paid, the remaining balances of funds appropriated for that operation shall be
transferred to CMHSPs or PIHPs responsible for providing services for
individuals previously served by the operations.
Sec.
8-1056. The department may collect revenue for patient reimbursement from
first- and third-party payers, including Medicaid and local county CMHSP
payers, to cover the cost of placement in state hospitals and centers. The
department is authorized to adjust financing sources for patient reimbursement
based on actual revenues earned. If the revenue collected exceeds current year
expenditures, the revenue may be carried forward with approval of the state
budget director. The revenue carried forward shall be used as a first source of
funds in the subsequent year.
Sec.
8-1058. Effective October 1 of the current fiscal year, the department, in
consultation with the department of technology, management, and budget, may
maintain a bid process to identify 1 or more private contractors to provide
food service and custodial services for the administrative areas at any state
hospital identified by the department as capable of generating savings through
the outsourcing of such services.
Sec.
8-1059. (1) The department shall identify specific outcomes and performance
measures for state-operated hospitals and centers, including, but not limited
to, the following:
(a)
The average wait time for persons determined incompetent to stand trial before
admission to the center for forensic psychiatry.
(b)
The average wait time for persons determined incompetent to stand trial before
admission to other state-operated psychiatric facilities.
(c)
The number of persons waiting to receive services at the center for forensic
psychiatry.
(d)
The number of persons waiting to receive services at other state-operated
hospitals and centers.
(e)
The number of persons determined not guilty by reason of insanity or
incompetent to stand trial by an order of a probate court that have been
determined to be ready for discharge to the community, and the average wait
time between being determined to be ready for discharge to the community and
actual community placement.
(f)
The number of persons denied services at the center for forensic psychiatry.
(g)
The number of persons denied services at other state-operated hospitals and
centers.
(2)
By March 1 of the current fiscal year, the department shall report to the house
and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office on the outcomes and performance measures in subsection (1).
Sec.
8-1060. By March 1 of the current fiscal year, the department shall provide a
report on mandatory overtime, staff turnover, and staff retention at the state
psychiatric hospitals and centers to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the state budget office. The report shall include, but is not limited to,
the following:
(a)
The number of direct care and clinical staff positions that are currently
vacant by hospital, and how that compares to the number of vacancies during the
previous fiscal year.
(b)
A breakdown of voluntary and mandatory overtime hours worked by position and by
hospital, and how that compares to the breakdown of voluntary and mandatory
overtime hours during the previous fiscal year.
(c)
The ranges of wages paid by position and by hospital, and how that compares to
wages paid during the previous fiscal year.
Sec.
8-1061. The funds appropriated in part 1 for Caro Regional Mental Health Center
shall only be utilized to support a psychiatric hospital located at its current
location. Capital outlay funding shall be utilized for planning and
construction of a new or updated facility at the current location instead of at
a new location.
Sec.
8-1063. (1) From the funds appropriated in part 1 for Hawthorn
Center-Psychiatric Hospital-Children and Adolescents, the department shall
maintain a psychiatric transitional unit and children's transition support
team. These services will augment the continuum of behavioral health services
for high-need youth and provide additional continuity of care and transition into
supportive community-based services.
(2)
Outcomes and performance measures for this initiative include, but are not
limited to, the following:
(a)
The rate of rehospitalization for youth served through the program at 30 and
180 days.
(b)
Measured change in the Child and Adolescent Functional Assessment Scale for
children served through the program.
HEALTH AND HUMAN SERVICES POLICY AND
INITIATIVES
Sec.
8-1140. From the funds appropriated in part 1 for primary care services,
$400,000.00 shall be allocated to free health clinics operating in the state.
The department shall distribute the funds equally to each free health clinic.
For the purpose of this appropriation, "free health clinics" means
nonprofit organizations that use volunteer health professionals to provide care
to uninsured individuals.
Sec.
8-1142. The department shall continue to seek means to increase retention of
Michigan medical school students for completion of their primary care residency
requirements within this state and ultimately, for some period of time, to
remain in this state and serve as primary care physicians. The department is
encouraged to work with Michigan institutions of higher education.
Sec.
8-1143. From the funds appropriated in part 1 for primary care services, the department
shall allocate no less than $675,000.00 for island primary health care access
and services including island clinics, in the following amounts:
(a)
Beaver Island, $250,000.00.
(b)
Mackinac Island, $250,000.00.
(c)
Drummond Island, $150,000.00.
(d)
Bois Blanc Island, $25,000.00.
Sec.
8-1145. The department will take steps necessary to work with Indian Health
Service, tribal health program facilities, or Urban Indian Health Program
facilities that provide services under a contract with a Medicaid managed care
entity to ensure that those facilities receive the maximum amount allowable
under federal law for Medicaid services.
Sec.
8-1146. From the funds appropriated in part 1 for bone marrow donor and blood
bank programs, $250,000.00 shall be allocated to Versiti Blood Center, the
partner of the match registry of the national marrow donor program. The funds
shall be used to offset ongoing tissue typing expenses associated with donor
recruitment and collection services and to expand those services to better
serve the citizens of this state.
Sec.
8-1147. From the funds appropriated in part 1 for bone marrow donor and blood
bank programs, $500,000.00 shall be allocated to Versiti Blood Center for a
cord blood bank. The funds shall be used to enhance the collection of fetal
umbilical cord blood and stem cells for transplant, expand cord blood
laboratory capabilities, and expand the diversity of collections.
Sec.
8-1152. (1) From the funds appropriated in part 1 for policy and planning
administration, $950,000.00 shall be distributed as provided in subsection (2).
The amount distributed under this subsection shall not exceed 50% of the total
operating expenses of the program described in subsection (2), with the
remaining 50% paid by local United Way organizations and other nonprofit
organizations and foundations.
(2)
Funds distributed under subsection (1) shall be distributed to Michigan 2-1-1,
a nonprofit corporation organized under the laws of this state that is exempt
from federal income tax under section 501(c)(3) of the internal revenue code of
1986, 26 USC 501, and whose mission is to coordinate and support a statewide
2-1-1 system. Michigan 2-1-1 shall use the funds only to fulfill the Michigan
2-1-1 business plan adopted by Michigan 2-1-1 in January 2005.
(3)
Michigan 2-1-1 shall refer to the department any calls received reporting
fraud, waste, or abuse of state-administered public assistance.
(4)
Michigan 2-1-1 shall report annually to the department and the house and senate
standing committees with primary jurisdiction over matters relating to human
services and telecommunications on 2-1-1 system performance, the senate and
house appropriations subcommittees on the department budget, and the senate and
house fiscal agencies, including, but not limited to, call volume by health and
human service needs and unmet needs identified through caller data and number
and percentage of callers referred to public or private provider types.
EPIDEMIOLOGY, EMERGENCY MEDICAL
SERVICES, AND LABORATORY
Sec.
8-1180. From the funds appropriated in part 1 for epidemiology administration
and for childhood lead program, the department shall maintain a public health
drinking water unit and maintain enhanced efforts to monitor child blood lead
levels. The public health drinking water unit shall ensure that appropriate
investigations of potential health hazards occur for all community and
noncommunity drinking water supplies where chemical exceedances of action
levels, health advisory levels, or maximum contaminant limits are identified.
The goals of the childhood lead program shall include improving the
identification of affected children, the timeliness of case follow-up, and
attainment of nurse care management for children with lead exposure, and to
achieve a long-term reduction in the percentage of children in this state with
elevated blood lead levels.
Sec.
8-1181. From the funds appropriated in part 1 for epidemiology administration,
the department shall maintain a vapor intrusion response unit. The vapor
intrusion response unit shall assess risks to public health at vapor intrusion
sites and respond to vapor intrusion risks where appropriate. The goals of the
vapor intrusion response unit shall include reducing the number of residents of
this state exposed to toxic substances through vapor intrusion and improving
health outcomes for individuals that are identified as having been exposed to
vapor intrusion.
Sec.
8-1182. (1) From the funds appropriated in part 1 for the healthy homes
program, no less than $7,392,900.00 of general fund/general purpose funds and
$18,157,100.00 of federal funds shall be allocated for lead abatement of homes.
(2)
By April 1 of the current fiscal year, the department shall provide a report to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget office on the
expenditures and activities undertaken by the lead abatement program in the
previous fiscal year from the funds appropriated in part 1 for the healthy homes
program. The report shall include, but is not limited to, a funding allocation
schedule, expenditures by category of expenditure and by subcontractor,
revenues received, description of program elements, number of housing units
abated of lead-based paint hazards, and description of program accomplishments
and progress.
LOCAL HEALTH AND ADMINISTRATIVE
SERVICES
Sec.
8-1220. The amount appropriated in part 1 for implementation of the 1993
additions of or amendments to sections 9161, 16221, 16226, 17014, 17015, and
17515 of the public health code, 1978 PA 368, MCL 333.9161, 333.16221,
333.16226, 333.17014, 333.17015, and 333.17515, shall be used to reimburse
local health departments for costs incurred related to implementation of
section 17015(18) of the public health code, 1978 PA 368, MCL 333.17015.
Sec.
8-1221. If a county that has participated in a district health department or an
associated arrangement with other local health departments takes action to
cease to participate in such an arrangement after October 1 of the current
fiscal year, the department shall have the authority to assess a penalty from
the local health department's operational accounts in an amount equal to no
more than 6.25% of the local health department's essential local public health
services funding. This penalty shall only be assessed to the local county that
requests the dissolution of the health department.
Sec.
8-1222. (1) Funds appropriated in part 1 for essential local public health
services shall be prospectively allocated to local health departments to
support immunizations, infectious disease control, sexually transmitted disease
control and prevention, hearing screening, vision services, food protection,
public water supply, private groundwater supply, and on-site sewage management.
Food protection shall be provided in consultation with the department of
agriculture and rural development. Public water supply, private groundwater
supply, and on-site sewage management shall be provided in consultation with
the department of environment, Great Lakes, and energy.
(2)
Local public health departments shall be held to contractual standards for the
services in subsection (1).
(3)
Distributions in subsection (1) shall be made only to counties that maintain
local spending in the current fiscal year of at least the amount expended in
fiscal year 1992-1993 for the services described in subsection (1).
(4)
By February 1 of the current fiscal year, the department shall provide a report
to the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the state budget director on the
planned allocation of the funds appropriated for essential local public health
services.
(5)
The department shall continue implementation of the distribution formula for
the allocation of essential local public health services funding to local
health departments as specified by section 1234 of article X of 2018 PA 207.
(6)
From the funds appropriated in part 1 for essential local public health services,
each local public health department is allocated not less than the amount
allocated to that local public health department during the previous fiscal
year.
Sec.
8-1225. The department shall work with the Michigan health endowment fund
corporation established under section 653 of the nonprofit health care
corporation reform act, 1980 PA 350, MCL 550.1653, to explore ways to fund and
evaluate current and future policies and programs.
Sec.
8-1227. The department shall establish criteria for all funds allocated for
health and wellness initiatives. The criteria must include a requirement that
all programs funded be evidence-based and supported by research, include
interventions that have been shown to demonstrate outcomes that lower cost and
improve quality, and be designed for statewide impact. Preference must be given
to programs that utilize the funding as match for additional resources,
including, but not limited to, federal sources.
Sec.
8-1231. (1) From the funds appropriated for local health services, up to
$4,750,000.00 shall be allocated for grants to local public health departments
to support PFAS response and emerging public health threat activities. A
portion of the funding shall be allocated by the department in a collaborative
fashion with local public health departments in jurisdictions experiencing PFAS
contamination. The remainder of the funding shall be allocated to address
infectious and vector-borne disease threats, and other environmental
contamination issues such as vapor intrusion, drinking water contamination, and
lead exposure. The funding shall be allocated to address issues including, but
not limited to, staffing, planning and response, and creation and dissemination
of materials related to PFAS contamination issues and other emerging public
health issues and threats.
(2)
By May 1 of the current fiscal year, the department shall provide a report to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget office on actual
expenditures in the previous fiscal year and planned spending in the current
fiscal year of the funds described in subsection (1), including recipient
entities, amount of allocation, general category of allocation, and detailed
uses.
Sec.
8-1232. The department may work to ensure that the United States Department of
Defense shall reimburse the state for costs associated with PFAS and
environmental contamination response at military training sites and support
facilities.
Sec.
8-1233. General fund and state restricted fund appropriations in part 1 shall
not be expended for PFAS and environmental contamination response where federal
funding or private grant funding is available for the same expenditures.
Sec.
8-1239. The department shall participate in and give necessary assistance to
the Michigan PFAS action response team (MPART) pursuant to Executive Order No.
2019-03. The department shall collaborate with MPART and other departments to
carry out appropriate activities, actions, and recommendations as coordinated
by MPART. Efforts shall be continuous to ensure that the department's
activities are not duplicative with activities of another department or agency.
Sec.
8-1240. From the funds appropriated in part 1 for chronic disease control and
health promotion administration, $70,000.00 is allocated to support a rare
disease review committee and responsibilities of the committee, which may
include all of the following:
(a)
Develop a list of rare diseases.
(b)
Post the list of rare diseases on the department's website.
(c)
Update the list of rare diseases every 2 years.
(d)
Annually investigate and report to the legislature on 1 rare disease on the
list, and include legislative recommendations in the report.
FAMILY HEALTH SERVICES
Sec.
8-1301. (1) Before April 1 of the current fiscal year, the department shall
submit a report to the house and senate fiscal agencies and the state budget
director on planned allocations from the amounts appropriated in part 1 for
local MCH services, prenatal care outreach and service delivery support, family
planning local agreements, and pregnancy prevention programs. Using applicable
federal definitions, the report shall include information on all of the
following:
(a)
Funding allocations.
(b)
Actual number of women, children, and adolescents served and amounts expended
for each group for the immediately preceding fiscal year.
(c)
A breakdown of the expenditure of these funds between urban and rural
communities.
(2)
The department shall ensure that the distribution of funds through the programs
described in subsection (1) takes into account the needs of rural communities.
(3)
For the purposes of this section, "rural" means a county, city,
village, or township with a population of 30,000 or less, including those
entities if located within a metropolitan statistical area.
Sec.
8-1306. (1) From the funds appropriated in part 1 for the drinking water
declaration of emergency, the department shall allocate funds to address needs
in a city in which a declaration of emergency was issued because of drinking
water contamination. These funds may support, but are not limited to, the
following activities:
(a)
Nutrition assistance, nutritional and community education, food bank resources,
and food inspections.
(b)
Epidemiological analysis and case management of individuals at risk of elevated
blood lead levels.
(c)
Support for child and adolescent health centers, children's healthcare access
program, and pathways to potential programming.
(d)
Nursing services, breastfeeding education, evidence-based home visiting
programs, intensive services, and outreach for children exposed to lead
coordinated through local community mental health organizations.
(e)
Department field operations costs.
(f)
Lead poisoning surveillance, investigations, treatment, and abatement.
(g)
Nutritional incentives provided to local residents through the double up food
bucks expansion program.
(h)
Genesee County health department food inspectors to perform water testing at
local food service establishments.
(i)
Transportation related to health care delivery.
(j)
Senior initiatives.
(k)
Lead abatement contractor workforce development.
(2)
From the funds appropriated in part 1 for the drinking water declaration of emergency,
the department shall allocate $300,000.00 for Revive Community Health Center
for health support services as the center pursues certification as a federally
qualified health center.
(3)
From the funds appropriated in part 1 for the drinking water declaration of
emergency, the department shall allocate $500,000.00 for rides to wellness
through the Flint mass transportation authority.
Sec.
8-1308. From the funds appropriated in part 1 for prenatal care outreach and
service delivery support, not less than $500,000.00 of funding shall be
allocated for evidence-based programs to reduce infant mortality including
nurse family partnership programs. The funds shall be used for enhanced support
and education to nursing teams or other teams of qualified health
professionals, client recruitment in areas designated as underserved for
obstetrical and gynecological services and other high-need communities,
strategic planning to expand and sustain programs, and marketing and
communications of programs to raise awareness, engage stakeholders, and recruit
nurses.
Sec.
8-1311. From the funds appropriated in part 1 for prenatal care outreach and
service delivery support, not less than $2,750,000.00 state general
fund/general purpose funds shall be allocated for a rural home visit program.
Equal consideration shall be given to all eligible evidence-based providers in
all regions in contracting for rural home visitation services.
Sec.
8-1312. From the funds appropriated in part 1 for prenatal care and premature
birth avoidance grant, the department shall allocate $1,000,000.00 as a grant
to help fulfill contract obligations between the department and a federal
Healthy Start Program located in a county with a population between 600,000 and
610,000 according to the most recent decennial census. To be eligible to
receive funding, the organization must be a partnership between various health
agencies, and utilize a social impact bonding strategy approved by the
department to enhance support to underserved populations for prenatal care and
premature birth avoidance.
Sec.
8-1313. (1) The department shall continue developing an outreach program on
fetal alcohol syndrome services, targeting health promotion, prevention, and
intervention.
(2)
The department shall explore federal grant funding to address prevention
services for fetal alcohol syndrome and reduce alcohol consumption among
pregnant women.
Sec.
8-1314. The department shall seek to enhance education and outreach efforts
that encourage women of childbearing age to seek confirmation at the earliest
indication of possible pregnancy and initiate continuous and routine prenatal
care upon confirmation of pregnancy. The department shall seek to ensure that
department programs, policies, and practices promote prenatal and obstetrical
care by doing the following:
(a)
Supporting access to care.
(b)
Reducing and eliminating barriers to care.
(c)
Supporting recommendations for best practices.
(d)
Encouraging optimal prenatal habits such as prenatal medical visits, use of
prenatal vitamins, and cessation of use of tobacco, alcohol, or drugs.
(e)
Tracking of birth outcomes to study improvements in prevalence of fetal drug
addiction, fetal alcohol syndrome, and other preventable neonatal disease.
(f)
Tracking of maternal increase in healthy behaviors following childbirth.
Sec.
8-1315. (1) From the funds appropriated in part 1 for dental programs,
$150,000.00 shall be allocated to the Michigan Dental Association for the
administration of a volunteer dental program that provides dental services to
the uninsured.
(2)
By February 1 of the current fiscal year, the department shall report to the
senate and house appropriations subcommittees on the department budget, the
senate and house standing committees on health policy, the senate and house
fiscal agencies, and the state budget office the number of individual patients
treated, number of procedures performed, and approximate total market value of
those procedures from the previous fiscal year.
Sec.
8-1316. The department shall use revenue from mobile dentistry facility permit
fees received under section 21605 of the public health code, 1978 PA 368, MCL
333.21605, to offset the cost of the permit program.
Sec.
8-1317. (1) From the funds appropriated in part 1 for dental programs, $1,550,000.00
of general fund/general purpose revenue and any associated federal match shall
be distributed to local health departments who partner with a qualified
nonprofit provider of dental services for the purpose of providing high-quality
dental homes for seniors, children, and adults enrolled in Medicaid, and
low-income uninsured.
(2)
In order to be considered a qualified nonprofit provider of dental services,
the provider must demonstrate the following:
(a)
An effective health insurance enrollment process for uninsured patients.
(b)
An effective process of charging patients on a sliding scale based on the
patient's ability to pay.
(c)
Utilization of additional fund sources including, but not limited to, federal
Medicaid matching funds.
(3)
Providers shall report to the department by September 30 of the current fiscal
year on outcomes and performance measures for the program under this section
including, but not limited to, the following:
(a)
The number of uninsured patients who visited a participating dentist over the
previous year, broken down between adults and children.
(b)
The number of patients assisted with health insurance enrollment, broken down
between adults and children.
(c)
A 5-year trend of the number of uninsured patients being served, broken down
between adults and children.
(d)
The number of unique patient visits by center.
(e)
The number of unique Medicaid or Healthy Michigan plan patients served broken
down by center.
(f)
The number of children, seniors, and veterans served broken down by center.
(g)
The total value of services rendered by the organization broken down by center.
(4)
Within 15 days after receipt of the report required in subsection (3), the
department shall provide a copy of the report to 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.
8-1322. The department shall provide a report by April 15 of the current fiscal
year to the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, the house and senate policy
offices, and the state budget office on state immunization policy and
practices. The report shall include all of the following items:
(a)
A list of recommended vaccinations.
(b)
The basis and rationale for inclusion of each listed item.
(c)
The indicators, measures, and performance outcomes that document improvement in
human health for each listed item.
Sec.
8-1341. The department shall utilize income eligibility and verification
guidelines established by the Food and Nutrition Service agency of the United
States Department of Agriculture in determining eligibility of individuals for
the special supplemental nutrition program for women, infants, and children
(WIC) as stated in current WIC policy.
Sec.
8-1342. From the funds appropriated in part 1 for Family, maternal, and child
health administration, $500,000.00 shall be allocated for a school children's
healthy exercise program to promote and advance physical health for school
children in kindergarten through grade 8. The department shall recommend model
programs for sites to implement that incorporate evidence-based best practices.
The department shall grant the funds appropriated in part 1 for before- and
after-school programs. The department shall establish guidelines for program
sites, which may include schools, community-based organizations, private
facilities, recreation centers, or other similar sites. The program format
shall encourage local determination of site activities and shall encourage
local inclusion of youth in the decision-making regarding site activities.
Program goals shall include children experiencing improved physical health and
access to physical activity opportunities, the reduction of obesity, providing
a safe place to play and exercise, and nutrition education. To be eligible to
participate, program sites shall provide a 20% match to the state funding,
which may be provided in full, or in part, by a corporation, foundation, or
private partner. The department shall seek financial support from corporate,
foundation, or other private partners for the program or for individual program
sites.
Sec.
8-1343. From the funds appropriated in part 1 for dental programs, the
department shall allocate $1,760,000.00 in general fund/general purpose revenue
plus any private contributions received to support the program to establish and
maintain a dental oral assessment program to provide assessments to school
children as required by 2020 PA 261.
CHILDREN'S SPECIAL HEALTH CARE
SERVICES
Sec.
8-1360. The department may do 1 or more of the following:
(a)
Provide special formula for eligible clients with specified metabolic and
allergic disorders.
(b)
Provide medical care and treatment to eligible patients with cystic fibrosis
who are 21 years of age or older.
(c)
Provide medical care and treatment to eligible patients with hereditary
coagulation defects, commonly known as hemophilia, who are 21 years of age or
older.
(d)
Provide human growth hormone to eligible patients.
(e)
Provide mental health care for mental health needs that result from, or are a
symptom of, the individual's qualifying medical condition.
(f)
Provide medical care and treatment to eligible patients with sickle cell
disease who are 21 years of age or older.
Sec.
8-1361. From the funds appropriated in part 1 for medical care and treatment,
the department may spend those funds for the continued development and
expansion of telemedicine capacity to allow families with children in the
children's special health care services program to access specialty providers
more readily and in a more timely manner. The department may spend funds to
support chronic complex care management of children enrolled in the children's
special health care services program to minimize hospitalizations and reduce
costs to the program while improving outcomes and quality of life.
AGING AND ADULT SERVICES AGENCY
Sec.
8-1402. The department may encourage the Food Bank Council of Michigan to
collaborate directly with each area agency on aging and any other organizations
that provide senior nutrition services to secure the food access of older
adults.
Sec.
8-1403. (1) By February 1 of the current fiscal year, the aging and adult
services agency shall require each region to report to the aging and adult
services agency and to the legislature home-delivered meals waiting lists based
upon standard criteria. Determining criteria shall include all of the
following:
(a)
The recipient's degree of frailty.
(b)
The recipient's inability to prepare his or her own meals safely.
(c)
Whether the recipient has another care provider available.
(d)
Any other qualifications normally necessary for the recipient to receive
home-delivered meals.
(2)
Data required in subsection (1) shall be recorded only for individuals who have
applied for participation in the home-delivered meals program and who are
initially determined as likely to be eligible for home-delivered meals.
Sec.
8-1417. The department shall provide to the senate and house appropriations
subcommittees on the department budget, senate and house fiscal agencies, and
state budget director a report by March 30 of the current fiscal year that
contains all of the following:
(a)
The total allocation of state resources made to each area agency on aging by
individual program and administration.
(b)
Detail expenditure by each area agency on aging by individual program and
administration including both state-funded resources and locally funded
resources.
Sec.
8-1421. From the funds appropriated in part 1 for community services,
$1,100,000.00 shall be allocated to area agencies on aging for locally
determined needs.
Sec.
8-1422. (1) From the funds appropriated in part 1 for aging and adult services
administration, not less than $300,000.00 shall be allocated for the department
to contract with the Prosecuting Attorneys Association of Michigan to provide
the support and services necessary to increase the capability of the state's prosecutors,
adult protective service system, and criminal justice system to effectively
identify, investigate, and prosecute elder abuse and financial exploitation.
(2)
By March 1 of the current fiscal year, the Prosecuting Attorneys Association of
Michigan shall provide a report to the department on the efficacy of the
contract. Upon request, the department shall submit the report to the state
budget office, the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the house and
senate policy offices.
Sec.
8-1425. The department shall coordinate with the department of licensing and
regulatory affairs to ensure that, upon receipt of the order of suspension of a
licensed adult foster care home, home for the aged, or nursing home, the
department of licensing and regulatory affairs shall provide notice to the
department, to the house and senate appropriations subcommittees on the
department budget, and to the members of the house and senate that represent
the legislative districts of the county in which the facility lies.
Sec.
8-1426. From the funds appropriated in part 1 for community services,
$40,000.00 shall be allocated to expand existing friendly reassurance and
friendly caller programs through the area agencies on aging. The purpose of
these programs is to allow an older person to voluntarily sign up to receive a
daily or weekly call checking on the older person's well-being and possible
conversation with an individual. The program shall be available to all
residents of this state age 60 or over and shall target isolated or homebound
seniors to provide a check on mental health, physical health and wellness, and
address feelings of loneliness or depression.
MEDICAL SERVICES ADMINISTRATION
Sec.
8-1505. By March 1 of the current fiscal year, the department shall submit a
report to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the state budget office on
the actual reimbursement savings and cost offsets that have resulted from the
funds appropriated in part 1 for the office of inspector general and third
party liability efforts in the previous fiscal year.
Sec.
8-1512. The updated Medicaid utilization and net cost report shall continue to
separate nonclinical administrative costs from actual claims and encounter
costs.
Sec.
8-1514. From the funds appropriated in part 1 for medical services
administration, the department shall allocate $300,000.00 general fund/general
purpose revenue and any associated federal match to support a predictive
modeling tool to improve provider billing accuracy and reduce fraud, waste, and
abuse in the Medicaid program. The tool must provide a prepayment cost
avoidance solution that uses statistical predictive modeling techniques to
identify outlier claims.
MEDICAL SERVICES
Sec.
8-1601. The cost of remedial services incurred by residents of licensed adult
foster care homes and licensed homes for the aged shall be used in determining
financial eligibility for the medically needy. Remedial services include basic
self-care and rehabilitation training for a resident.
Sec.
8-1605. The protected income level for Medicaid coverage determined pursuant to
section 106(1)(b)(iii) of the social welfare act, 1939 PA 280, MCL 400.106,
shall be 100% of the related public assistance standard.
Sec.
8-1606. For the purpose of guardian and conservator charges, the department may
deduct up to $83.00 per month as an allowable expense against a recipient's
income when determining medical services eligibility and patient pay amounts.
Sec.
8-1607. (1) An applicant for Medicaid, whose qualifying condition is pregnancy,
shall immediately be presumed to be eligible for Medicaid coverage unless the
preponderance of evidence in her application indicates otherwise. The applicant
who is qualified as described in this subsection shall be allowed to select or
remain with the Medicaid participating obstetrician of her choice.
(2)
All qualifying applicants shall be entitled to receive all medically necessary
obstetrical and prenatal care without preauthorization from a health plan. All
claims submitted for payment for obstetrical and prenatal care shall be paid at
the Medicaid fee-for-service rate in the event a contract does not exist
between the Medicaid participating obstetrical or prenatal care provider and
the managed care plan. The applicant shall receive a listing of Medicaid
physicians and managed care plans in the immediate vicinity of the applicant's
residence.
(3)
In the event that an applicant, presumed to be eligible pursuant to subsection
(1), is subsequently found to be ineligible, a Medicaid physician or managed
care plan that has been providing pregnancy services to an applicant under this
section is entitled to reimbursement for those services until such time as they
are notified by the department that the applicant was found to be ineligible
for Medicaid.
(4)
If the preponderance of evidence in an application indicates that the applicant
is not eligible for Medicaid, the department shall refer that applicant to the
nearest public health clinic or similar entity as a potential source for
receiving pregnancy-related services.
(5)
The department shall develop an enrollment process for pregnant women covered
under this section that facilitates the selection of a managed care plan at the
time of application.
(6)
The department shall mandate enrollment of women, whose qualifying condition is
pregnancy, into Medicaid managed care plans.
(7)
The department shall encourage physicians to provide women, whose qualifying
condition for Medicaid is pregnancy, with a referral to a Medicaid
participating dentist at the first pregnancy-related appointment.
Sec.
8-1611. (1) For care provided to medical services recipients with other
third-party sources of payment, medical services reimbursement shall not
exceed, in combination with such other resources, including Medicare, those
amounts established for medical services-only patients. The medical services
payment rate shall be accepted as payment in full. Other than an approved
medical services co-payment, no portion of a provider's charge shall be billed
to the recipient or any person acting on behalf of the recipient. Nothing in
this section shall be considered to affect the level of payment from a
third-party source other than the medical services program. The department
shall require a nonenrolled provider to accept medical services payments as
payment in full.
(2)
Notwithstanding subsection (1), medical services reimbursement for hospital
services provided to dual Medicare/medical services recipients with Medicare
part B coverage only shall equal, when combined with payments for Medicare and
other third-party resources, if any, those amounts established for medical
services-only patients, including capital payments.
Sec.
8-1615. To minimize errors and overpayments, and to ensure the quality of
actuarial rate setting of capitated rates, the department shall provide
effective oversight and ensure the integrity of encounter claims submitted to
the department by Medicaid health plans.
Sec.
8-1620. (1) For fee-for-service Medicaid claims, the professional dispensing
fee for drugs indicated as specialty medications on the Michigan pharmaceutical
products list is $20.02 or the pharmacy's submitted dispensing fee, whichever
is less.
(2)
For fee-for-service Medicaid claims, for drugs not indicated as specialty drugs
on the Michigan pharmaceutical products list, the professional dispensing fee
for medications is as follows:
(a)
For medications indicated as preferred on the department's preferred drug list,
$10.80 or the pharmacy's submitted dispensing fee, whichever is less.
(b)
For medications not on the department's preferred drug list, $10.64 or the
pharmacy's submitted dispensing fee, whichever is less.
(c)
For medications indicated as nonpreferred on the department's preferred drug
list, $9.00 or the pharmacy's submitted dispensing fee, whichever is less.
(3)
The department shall require a prescription co-payment for Medicaid recipients
not enrolled in the Healthy Michigan plan or with an income less than 100% of
the federal poverty level of $1.00 for a generic drug or any drug indicated as
preferred on the department's preferred drug list and $3.00 for a brand-name
drug not indicated as preferred on the department's preferred drug list, except
as prohibited by federal or state law or regulation.
(4)
The department shall require a prescription co-payment for Medicaid recipients
enrolled in the Healthy Michigan plan with an income of at least 100% of the
federal poverty level of $4.00 for a generic drug or any drug indicated as
preferred on the department's preferred drug list and $8.00 for a brand-name
drug not indicated as preferred on the department's preferred drug list, except
as prohibited by federal or state law or regulation.
Sec.
8-1625. The department shall contractually require Medicaid managed care
organizations to require their pharmacy benefit managers to do all of the
following:
(a)
For pharmacies with not more than 7 retail outlets, utilizes a pharmacy
reimbursement methodology of the lesser of the national average drug wholesale
acquisition cost or the pharmacy submitted ingredient cost plus a professional
dispensing fee comparable to the applicable professional dispensing fee
provided through section 1620, or the usual and customary charge by the
pharmacy. The pharmacy benefit manager or the involved pharmacy services
administrative organization shall not receive any portion of the additional
professional dispensing fee. The department shall identify the pharmacies this
subdivision applies to and provide the list of applicable pharmacies to the
Medicaid managed care organizations.
(b)
For pharmacies with not more than 7 retail outlets, utilizes a pharmacy
reimbursement methodology, when a national average drug acquisition cost price
is not available, for brand drugs of the lesser of the wholesale acquisition
cost plus a professional dispensing fee comparable to the applicable
professional dispensing fee provided through section 1620, or the usual and
customary charge by the pharmacy. The department shall identify the pharmacies
this subdivision applies to and provide the list of applicable pharmacies to
the Medicaid managed care organizations.
(c)
For pharmacies with not more than 7 retail outlets, utilizes a pharmacy
reimbursement methodology, when a national average drug acquisition cost price
is not available, for generic drugs of the lesser of wholesale acquisition cost
plus a professional dispensing fee comparable to the applicable professional
dispensing fee provided through section 1620, or the usual and customary charge
by the pharmacy. The department shall identify the pharmacies this subdivision
applies to and provide the list of applicable pharmacies to the Medicaid
managed care organizations.
(d)
Reimburses for a legally valid claim at a rate not less than the rate in effect
at the time the original claim adjudication as submitted at the point of sale.
(e)
Agrees to move to a transparent "pass-through" pricing model, in
which the pharmacy benefit manager discloses the administrative fee as a
percentage of the professional dispensing costs to the department.
(f)
Agrees to not create new pharmacy administration fees and to not increase
current fees more than the rate of inflation. This subdivision does not apply
to any federal rule or action that creates a new fee.
(g)
Agrees to not terminate an existing contract with a pharmacy with not more than
7 retail outlets for the sole reason of the additional professional dispensing
fee authorized under this section.
Sec.
8-1626. By January 15 of the current fiscal year, each pharmacy benefit manager
that receives reimbursements, either directly or through a Medicaid health
plan, from the funds appropriated in part 1 for medical services must submit
all of the following information to the department for the previous fiscal
year:
(a)
The total number of prescriptions that were dispensed.
(b)
The total wholesale acquisition cost for each drug on its formulary.
(c)
The total amount of rebates, discounts, and price concessions that the pharmacy
benefit manager received for each drug on its formulary. The amount of rebates
shall include any utilization discounts the pharmacy benefit manager receives
from a manufacturer.
(d)
The total amount of administrative fees that the pharmacy benefit manager
received from all pharmaceutical manufacturers.
(e)
The total amount identified in subdivisions (b) and (c) that were retained by
the pharmacy benefit manager and did not pass through to the department or to
the Medicaid health plan.
(f)
The total amount of reimbursements the pharmacy benefit manager pays to
contracting pharmacies.
(g)
Any other information as deemed necessary by the department.
Sec.
8-1629. The department shall utilize maximum allowable cost pricing for generic
drugs that is based on wholesaler pricing to providers that is available from
at least 2 wholesalers who deliver in this state.
Sec.
8-1631. (1) The department shall require co-payments on dental, podiatric, and
vision services provided to Medicaid recipients, except as prohibited by
federal or state law or regulation.
(2)
Except as otherwise prohibited by federal or state law or regulation, the
department shall require Medicaid recipients not enrolled in the Healthy
Michigan plan or with an income less than 100% of the federal poverty level to
pay not less than the following co-payments:
(a)
Two dollars for a physician office visit.
(b)
Three dollars for a hospital emergency room visit.
(c)
Fifty dollars for the first day of an inpatient hospital stay.
(d)
Two dollars for an outpatient hospital visit.
(3)
Except as otherwise prohibited by federal or state law or regulation, the
department shall require Medicaid recipients enrolled in the Healthy Michigan
plan with an income of at least 100% of the federal poverty level to pay the
following co-payments:
(a)
Four dollars for a physician office visit.
(b)
Eight dollars for a hospital emergency room visit.
(c)
One hundred dollars for the first day of an inpatient hospital stay.
(d)
Four dollars for an outpatient hospital visit or any other medical provider
visit to the extent allowed by federal or state law or regulation.
Sec.
8-1641. An institutional provider that is required to submit a cost report
under the medical services program shall submit cost reports completed in full
within 5 months after the end of its fiscal year.
Sec.
8-1657. (1) Reimbursement for medical services to screen and stabilize a
Medicaid recipient, including stabilization of a psychiatric crisis, in a
hospital emergency room shall not be made contingent on obtaining prior
authorization from the recipient's HMO. If the recipient is discharged from the
emergency room, the hospital shall notify the recipient's HMO within 24 hours
of the diagnosis and treatment received.
(2)
If the treating hospital determines that the recipient will require further
medical service or hospitalization beyond the point of stabilization, that
hospital shall receive authorization from the recipient's HMO prior to
admitting the recipient.
(3)
Subsections (1) and (2) do not require an alteration to an existing agreement
between an HMO and its contracting hospitals and do not require an HMO to
reimburse for services that are not considered to be medically necessary.
Sec.
8-1662. (1) The department shall ensure that an external quality review of each
contracting HMO is performed that results in an analysis and evaluation of
aggregated information on quality, timeliness, and access to health care services
that the HMO or its contractors furnish to Medicaid beneficiaries.
(2)
The department shall require Medicaid HMOs to provide EPSDT utilization data
through the encounter data system, and HEDIS well child health measures in
accordance with the National Committee for Quality Assurance prescribed
methodology.
(3)
The department shall provide a copy of the analysis of the Medicaid HMO annual
audited HEDIS reports and the annual external quality review report to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget director, within 30 days
of the department's receipt of the final reports from the contractors.
Sec.
8-1670. (1) The appropriation in part 1 for the MIChild program is to be used
to provide comprehensive health care to all children under age 19 who reside in
families with income at or below 212% of the federal poverty level, who are
uninsured and have not had coverage by other comprehensive health insurance within
6 months of making application for MIChild benefits, and who are residents of
this state. The department shall develop detailed eligibility criteria through
the medical services administration public concurrence process, consistent with
the provisions of this part and part 1.
(2)
The department may provide up to 1 year of continuous eligibility to children
eligible for the MIChild program unless the family fails to pay the monthly
premium, a child reaches age 19, or the status of the children's family changes
and its members no longer meet the eligibility criteria as specified in the
state plan.
(3)
The department may make payments on behalf of children enrolled in the MIChild
program as described in the MIChild state plan approved by the United States
Department of Health and Human Services, or from other medical services.
Sec.
8-1673. The department may establish premiums for MIChild eligible individuals
in families with income at or below 212% of the federal poverty level. The
monthly premiums shall be $10.00 per month.
Sec.
8-1677. The MIChild program shall provide, at a minimum, all benefits available
under the Michigan benchmark plan that are delivered through contracted
providers and consistent with federal law, including, but not limited to, the
following medically necessary services:
(a)
Inpatient mental health services, other than substance use disorder treatment
services, including services furnished in a state-operated mental hospital and
residential or other 24-hour therapeutically planned structured services.
(b)
Outpatient mental health services, other than substance use disorder services,
including services furnished in a state-operated mental hospital and
community-based services.
(c)
Durable medical equipment and prosthetic and orthotic devices.
(d)
Dental services as outlined in the approved MIChild state plan.
(e)
Substance use disorder treatment services that may include inpatient,
outpatient, and residential substance use disorder treatment services.
(f)
Care management services for mental health diagnoses.
(g)
Physical therapy, occupational therapy, and services for individuals with
speech, hearing, and language disorders.
(h)
Emergency ambulance services.
Sec.
8-1682. (1) In addition to the appropriations in part 1, the department is
authorized to receive and spend penalty money received as the result of
noncompliance with medical services certification regulations. Penalty money,
characterized as private funds, received by the department shall increase
authorizations and allotments in the long-term care accounts.
(2)
Any unexpended penalty money, at the end of the year, shall carry forward to
the following year.
Sec.
8-1692. (1) The department is authorized to pursue reimbursement for eligible
services provided in Michigan schools from the federal Medicaid program. The
department and the state budget director are authorized to negotiate and enter
into agreements, together with the department of education, with local and
intermediate school districts regarding the sharing of federal Medicaid
services funds received for these services. The department is authorized to
receive and disburse funds to participating school districts pursuant to such
agreements and state and federal law.
(2)
From the funds appropriated in part 1 for medical services school-based
services payments, the department is authorized to do all of the following:
(a)
Finance activities within the medical services administration related to this
project.
(b)
Reimburse participating school districts pursuant to the fund-sharing ratios
negotiated in the state-local agreements authorized in subsection (1).
(c)
Offset general fund costs associated with the medical services program.
Sec.
8-1693. The special Medicaid reimbursement appropriation in part 1 may be increased
if the department submits a medical services state plan amendment pertaining to
this line item at a level higher than the appropriation. The department is
authorized to appropriately adjust financing sources in accordance with the
increased appropriation.
Sec.
8-1694. From the funds appropriated in part 1 for special Medicaid
reimbursement, $1,121,400.00 of general fund/general purpose revenue and any
associated federal match shall be distributed for poison control services to an
academic health care system that has a high indigent care volume.
Sec.
8-1697. The department shall require that Medicaid health plans administering
Healthy Michigan plan benefits maintain a network of dental providers in
sufficient numbers, mix, and geographic locations throughout their respective
service areas in order to provide adequate dental care for Healthy Michigan
plan enrollees.
Sec.
8-1699. (1) The department may make separate payments in the amount of
$45,000,000.00 directly to qualifying hospitals serving a disproportionate
share of indigent patients and to hospitals providing GME training programs. If
direct payment for GME and DSH is made to qualifying hospitals for services to
Medicaid recipients, hospitals shall not include GME costs or DSH payments in their
contracts with HMOs.
(2)
The department shall allocate $45,000,000.00 in DSH funding using the
distribution methodology used in fiscal year 2003-2004.
Sec.
8-1700. By December 1 of the current fiscal year, the department shall report
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget office on the
distribution of funding provided, and the net benefit if the special hospital
payment is not financed with general fund/general purpose revenue, to each
eligible hospital during the previous fiscal year from the following special
hospital payments:
(a)
DSH, separated out by unique DSH pool.
(b)
GME.
(c)
Special rural hospital payments provided under section 1802(2) of this part.
(d)
Lump-sum payments to rural hospitals for obstetrical care provided under
section 1802(1) of this part.
Sec.
8-1702. From the funds appropriated in part 1, the department shall maintain
the current rates for private duty nursing services for Medicaid beneficiaries
under the age of 21. These additional funds must be used to attract and retain
highly qualified registered nurses and licensed practical nurses to provide
private duty nursing services so that medically frail children can be cared for
in the most homelike setting possible.
Sec.
8-1704. (1) From the funds appropriated in part 1 for health plan services, the
department shall maintain the Medicaid adult dental benefit for pregnant women
enrolled in a Medicaid program.
(2)
By April 15 of the current fiscal year, the department shall report to the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget office on the following:
(a)
The number of pregnant women enrolled in Medicaid who visited a dentist over
the prior year.
(b)
The number of dentists statewide who participate in providing dental services
to pregnant women enrolled in Medicaid.
Sec.
8-1757. The department shall obtain proof from all Medicaid recipients that
they are legal United States citizens or otherwise legally residing in this
country and that they are residents of this state before approving Medicaid
eligibility.
Sec.
8-1764. The department shall annually certify whether rates paid to Medicaid
health plans and specialty PIHPs are actuarially sound in accordance with
federal requirements and shall provide a copy of the rate certification and
approval of rates paid to Medicaid health plans and specialty PIHPs within 5
business days after certification or approval to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the state budget office. Following the rate certification,
the department shall ensure that no new or revised state Medicaid policy
bulletin that is promulgated materially impacts the capitation rates that have
been certified in a negative manner.
Sec.
8-1775. (1) By March 1 of the current fiscal year, the department shall report
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget office on progress
in implementing the waiver to implement managed care for individuals who are
eligible for both Medicare and Medicaid, known as MI Health Link, including any
problems and potential solutions as identified by the ombudsman described in
subsection (2).
(2)
The department shall ensure the existence of an ombudsman program that is not
associated with any project service manager or provider to assist MI Health
Link beneficiaries with navigating complaint and dispute resolution mechanisms
and to identify problems in the demonstrations and in the complaint and dispute
resolution mechanisms.
Sec.
8-1782. Subject to federal approval, from the funds appropriated in part 1 for
health plan services, the department shall allocate $740,000.00 general
fund/general purpose plus any available work project funds and federal match
through an administered contract with oversight from Medical Services Administration
and Public Health Administration. The funds shall be used to support a
statewide media campaign for improving this state's immunization rates.
Sec.
8-1790. The department shall maintain the current practitioner rates paid for
current procedural terminology (CPT) codes 90791 through 90899 for psychiatric
procedures through Medicaid fee-for-service and through the comprehensive
Medicaid health plans for Medicaid recipients under the age of 21.
Sec.
8-1791. From the funds appropriated in part 1 for health plan services and
physician services, the department shall provide Medicaid reimbursement rates
for neonatal services at 95% of the Medicare rate received for those services
in effect on the date the services are provided to eligible Medicaid recipients.
The current procedural terminology (CPT) codes that are eligible for this
reimbursement rate increase are 99468, 99469, 99471, 99472, 99475, 99476,
99477, 99478, 99479, and 99480.
Sec.
8-1801. From the funds appropriated in part 1 for physician services and health
plan services, the department shall continue the increase to Medicaid rates for
primary care services provided only by primary care providers. For the purpose
of this section, a primary care provider is a physician, or a practitioner working
in collaboration with a physician, who is either licensed under part 170 or
part 175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097 and
333.17501 to 333.17556, and working as a primary care provider in general
practice or board-eligible or certified with a specialty designation of family
medicine, general internal medicine, or pediatric medicine, or a provider who
provides the department with documentation of equivalency. Providers performing
a service and whose primary practice is as a non-primary-care subspecialty is
not eligible for the increase. The department shall establish policies that
most effectively limit the increase to primary care providers for primary care
services only.
Sec.
8-1802. (1) From the funds appropriated in part 1 for hospital services and
therapy, $7,995,200.00 in general fund/general purpose revenue shall be
provided as lump-sum payments to noncritical access hospitals that qualified
for rural hospital access payments in fiscal year 2013-2014 and that provide
obstetrical care in the current fiscal year. Payment amounts shall be based on
the volume of obstetrical care cases and newborn care cases for all such cases
billed by each qualified hospital in the most recent year for which data is
available. Payments shall be made by January 1 of the current fiscal year.
(2)
From the funds appropriated in part 1 for hospital services and therapy and
Healthy Michigan plan, $13,904,800.00 in general fund/general purpose revenue
and any associated federal match shall be awarded as rural access payments to
noncritical access hospitals that meet criteria established by the department
for services to low-income rural residents. One of the reimbursement components
of the distribution formula shall be assistance with labor and delivery
services. The department shall ensure that the rural access payments described
in this subsection shall be distributed in a manner that ensures both of the
following:
(a)
No hospital shall receive more than 10.0% of the total rural access funding
referenced in this subsection.
(b)
To allow hospitals to understand their rural payment amounts under this
subsection, the department shall provide hospitals with the methodology for
distribution under this subsection and provide each hospital with its
applicable data that are used to determine the payment amounts by August 1 of
the current fiscal year. The department shall publish the distribution of
payments for the current fiscal year and the immediately preceding fiscal year.
Sec.
8-1804. The department shall continue to work to identify Medicaid recipients
who are veterans and who may be eligible for federal veterans' health care
benefits or other benefits and shall continue to refer veterans to the
department of military and veterans affairs for assistance in securing
additional benefits. To accomplish this, the department may utilize the federal
public assistance reporting information system.
Sec.
8-1810. In advance of the annual rate setting development, Medicaid health
plans shall be given at least 60 days to dispute and correct any discarded
encounter data before rates are certified. The department shall notify each
contracting Medicaid health plan of any encounter data that have not been
accepted for the purposes of rate setting.
Sec.
8-1820. (1) In order to avoid duplication of efforts, the department shall
utilize applicable national accreditation review criteria to determine
compliance with corresponding state requirements for Medicaid health plans that
have been reviewed and accredited by a national accrediting entity for health
care services.
(2)
The department shall continue to comply with state and federal law and shall
not initiate an action that negatively impacts beneficiary safety.
(3)
As used in this section, "national accrediting entity" means the
National Committee for Quality Assurance, the URAC, formerly known as the
Utilization Review Accreditation Commission, or other appropriate entity, as
approved by the department.
Sec.
8-1837. The department shall continue, and expand where appropriate,
utilization of telemedicine and telepsychiatry as strategies to increase access
to services for Medicaid recipients.
Sec.
8-1846. From the funds appropriated in part 1 for graduate medical education,
the department shall distribute the funds with an emphasis on the following
health care workforce goals:
(a)
The encouragement of the training of physicians in specialties, including
primary care, that are necessary to meet the future needs of residents of this
state.
(b)
The training of physicians in settings that include ambulatory sites and rural
locations.
Sec.
8-1850. The department may allow Medicaid health plans to assist with
maintaining eligibility through outreach activities to ensure continuation of
Medicaid eligibility and enrollment in managed care. This may include mailings,
telephone contact, or face-to-face contact with beneficiaries enrolled in the
individual Medicaid health plan. Health plans may offer assistance in
completing paperwork for beneficiaries enrolled in their plan.
Sec.
8-1851. From the funds appropriated in part 1 for adult home help services, the
department shall allocate $150,000.00 state general fund/general purpose
revenue plus any associated federal match to develop and deploy a mobile
electronic visit verification solution to create administrative efficiencies,
reduce error, and minimize fraud. The development of the solution shall be
predicated on input from the results of the 2017 stakeholder survey.
Sec.
8-1855. From the funds appropriated in part 1 for program of all-inclusive care
for the elderly (PACE), to the extent that funding is available in the PACE
line item and unused program slots are available, the department may do the
following:
(a)
Increase the number of slots for an already-established local PACE program if
the local PACE program has provided appropriate documentation to the department
indicating its ability to expand capacity to provide services to additional
PACE clients.
(b)
Suspend the 10 member per month individual PACE program enrollment increase cap
in order to allow unused and unobligated slots to be allocated to address unmet
demand for PACE services.
Sec.
8-1856. (1) From the funds appropriated in part 1 for hospice services,
$3,318,000.00 shall be expended to provide room and board for Medicaid
recipients who meet hospice eligibility requirements and receive services at
Medicaid enrolled hospice residences in this state. The department shall
distribute funds through grants based on the total beds located in all eligible
residences that have been providing these services as of October 1, 2017. Any
eligible grant applicant may inform the department of their request to reduce
the grant amount allocated for their residence and the funds shall be
distributed proportionally to increase the total grant amount of the remaining
grant-eligible residences. Grant amounts shall be paid out monthly with 1/12 of
the total grant amount distributed each month to the grantees.
(2)
By September 15 of the current fiscal year, each Medicaid-enrolled hospice with
a residence that receives funds under this section shall provide a report to
the department on the utilization of the grant funding provided in subsection
(1). The report shall be provided in a format prescribed by the department and
shall include the following:
(a)
The number of patients served.
(b)
The number of days served.
(c)
The daily room and board rates for the patients served.
(d)
If there is not sufficient funding to cover the total room and board need, the
number of patients who did not receive care due to insufficient grant funding.
(3)
If there is funding remaining at the end of the current fiscal year, the
Medicaid-enrolled hospice with a residence shall return funding to the state.
Sec.
8-1859. The department shall partner with the Michigan Association of Health
Plans (MAHP) and Medicaid health plans to develop and implement strategies for
the use of information technology services for Medicaid research activities.
The department shall make available state medical assistance program data,
including Medicaid behavioral data, to MAHP and Medicaid health plans or any
vendor considered qualified by the department for the purpose of research
activities consistent with this state's goals of improving health; increasing the
quality, reliability, availability, and continuity of care; and reducing the
cost of care for the eligible population of Medicaid recipients.
Sec.
8-1860. By March 1 of the current fiscal year, the department shall provide a
report to the senate and house appropriations subcommittees, the senate and
house fiscal agencies, and the state budget office on uncollected co-pays and
premiums in the Healthy Michigan plan. The report shall include information on
the number of participants who have not paid their co-pays and premiums, the
total amount of uncollected co-pays and premiums, and steps taken by the
department and health plans to ensure greater collection of co-pays and
premiums.
Sec.
8-1862. From the funds appropriated in part 1, the department shall maintain
payment rates for Medicaid obstetrical services at 95% of Medicare levels
effective October 1, 2014.
Sec.
8-1870. (1) From the funds appropriated in part 1 for hospital services and
therapy, the department shall appropriate $5,100,000.00 in general fund/general
purpose revenue plus any contributions from public entities, up to
$5,000,000.00, and any associated federal match to the MiDocs consortium to
create new primary care residency slots in underserved communities. The new
primary care residency slots must be in 1 of the following specialties: family
medicine, general internal medicine, general pediatrics, general OB-GYN,
psychiatry, or general surgery.
(2)
The department shall seek any necessary approvals from CMS to allow the
department to implement the program described in this section.
(3)
Assistance with repayment of medical education loans, loan interest payments,
or scholarships provided by MiDocs shall be contingent upon a minimum 2-year
commitment to practice in an underserved community in this state post-residency
and an agreement to forego any sub-specialty training for at least 2 years
post-residency with the exception of a child and adolescent psychiatry
fellowship which must be integrated with a psychiatry residency training program
in a MiDocs affiliated institution.
(4)
The MiDocs shall work with the department to integrate the Michigan inpatient
psychiatric admissions discussion (MIPAD) recommendations and, when possible,
prioritize training opportunities in state psychiatric hospitals and community
mental health organizations.
(5)
The MiDocs consortium may allocate local funding, and any associated federal
match, to a community-based Accreditation Council for Graduate Medical
Education (ACGME), which operates from the local funds appropriated in this
subsection, to administer a community-based residency training program. The
funds appropriated in this subsection may be allocated and administered on a
local level to communities with high disparities related to COVID-19 and high infant
mortality rates for community and public health-based training programs for
providers in family medicine. The community-based residency training program
shall have a particular emphasis on addressing local psychiatric issues, local
health disparities, and local maternal child health issues. The department and
the MiDocs consortium may secure federal match on local funds allocated in this
subsection to serve Medicaid and uninsured individuals through this
community-based residency training program.
(6)
The department shall maintain the MiDocs initiative advisory council to help
support implementation of the program described in this section, and provide
oversight. The advisory council shall be composed of the MiDocs consortium, the
Michigan Area Health Education Centers, the Michigan Primary Care Association,
the Michigan Center for Rural Health, the Michigan Academy of Family
Physicians, and any other appointees designated by the department.
(7)
By September 1 of the current fiscal year, MiDocs shall report to 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, on the following:
(a)
Audited financial statement of per-resident costs.
(b)
Education and clinical quality data.
(c)
Roster of trainees, including areas of specialty and locations of training.
(d)
Medicaid revenue by training site.
(8)
Outcomes and performance measures for this program include, but are not limited
to, the following:
(a)
Increasing this state's ability to recruit, train, and retain primary care
physicians and other select specialty physicians in underserved communities.
(b)
Maximizing training opportunities with community health centers, rural critical
access hospitals, solo or group private practice physician practices, schools,
and other community-based clinics, in addition to required rotations at
inpatient hospitals.
(c)
Increasing the number of residency slots for family medicine, general internal
medicine, general pediatrics, general OB-GYN, psychiatry, and general surgery.
(9)
Unexpended and unencumbered funds up to a maximum $5,100,000.00 in general
fund/general purpose revenue plus any contributions from public entities, up to
$5,000,000.00, and any associated federal match remaining in accounts
appropriated in part 1 for hospital services and therapy are designated as work
project appropriations, and any unencumbered or unallotted funds shall not
lapse at the end of the fiscal year and shall be available for expenditures for
the MiDocs consortium to create new primary care residency slots in underserved
communities under this section until the work project has been completed. All
of the following are in compliance with section 451a(1) of the management and
budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the work project is to fund the cost of the MiDocs consortium to
create new primary care residency slots in underserved communities.
(b)
The work project will be accomplished by contracting with the MiDocs consortium
to oversee the creation of new primary care residency slots.
(c)
The total estimated completion cost of the work project is $20,200,000.00.
(d)
The tentative completion date is September 30, 2026.
Sec.
8-1871. The funds appropriated in part 1 for the Healthy Michigan plan healthy
behaviors incentives program shall only provide reductions in cost-sharing
responsibilities and shall not include other financial rewards such as gift
cards.
Sec.
8-1872. From the funds appropriated in part 1 for personal care services, the
department shall maintain the monthly Medicaid personal care supplement paid to
adult foster care facilities and homes for the aged that provide personal care
services to Medicaid recipients in place during the previous fiscal year.
Sec.
8-1873. From the funds appropriated in part 1 for long-term care services, the
department may allocate up to $3,700,000.00 for the purpose of outreach and
education to nursing home residents and the coordination of housing in order to
move out of the facility. In addition, any funds appropriated shall be used for
other quality improvement activities of the program. The department shall
consider working with all relevant stakeholders to develop a plan for the ongoing
sustainability of the nursing facility transition initiative.
Sec.
8-1874. The department shall ensure, in counties where program of all-inclusive
care for the elderly or PACE services are available, that the program of
all-inclusive care for the elderly (PACE) is included as an option in all
options counseling and enrollment brokering for aging services and managed care
programs, including, but not limited to, Area Agencies on Aging, centers for
independent living, and the MiChoice home and community-based waiver. Such
options counseling must include approved marketing and discussion materials.
Sec.
8-1875. (1) The department and its contractual agents may not subject Medicaid
prescriptions to prior authorization procedures during the current fiscal year
if that drug is carved out or is not subject to prior authorization procedures
as of January 22, 2020, and is generally recognized in a standard medical
reference or the American Psychiatric Association's Diagnostic and Statistical
Manual for the Treatment of a Psychiatric Disorder.
(2)
The department and its contractual agents may not subject Medicaid
prescriptions to prior authorization procedures during the current fiscal year
if that drug is carved out or is not subject to prior authorization procedures
as of January 22, 2020 and is a prescription drug that is generally recognized
in a standard medical reference for the treatment of human immunodeficiency
virus or acquired immunodeficiency syndrome, epilepsy or seizure disorder, or
organ replacement therapy. The department shall explore including medications
for the treatment of Duchenne Muscular Dystrophy to the list of Medicaid
prescriptions not subject to prior authorization.
(3)
As used in this section, "prior authorization" means a process implemented
by the department or its contractual agents that conditions, delays, or denies
delivery or particular pharmacy services to Medicaid beneficiaries upon
application of predetermined criteria by the department or its contractual
agents to those pharmacy services. The process of prior authorization often
requires that a prescriber do 1 or both of the following:
(a)
Obtain preapproval from the department or its contractual agents before
prescribing a given drug.
(b)
Verify to the department or its contractual agents that the use of a drug
prescribed for an individual meets predetermined criteria from the department
or its contractual agents for a prescription drug that is otherwise available
under the Medicaid program in this state.
Sec.
8-1879. (1) The department shall maintain a single, standard preferred drug
list to be used by all contracted Medicaid managed health care programs.
Changes to the preferred drug list shall be made in consultation with all
contracted managed health care programs and the Michigan pharmacy and
therapeutics committee to ensure sufficient access to medically necessary drugs
for each disease state. The department shall have final authority over the list
and it shall be designed to ensure access to clinically effective and appropriate
drug therapies and maximize federal rebates and supplemental rebates.
(2)
By July 15 of the current fiscal year, the department shall submit a report to
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 that compares the managed care pharmacy expenditures prior
to the implementation of a single, standard preferred drug list to managed care
pharmacy expenditures after the implementation of a single, standard preferred
drug list. The report shall include data on collected rebates and expenditures
by quarter for at least 8 quarters prior to implementing a single, standard
preferred drug list, and the experienced rebates and expenditures for at least
2 quarters, and the projected rebates and expenditures for at least 6 quarters
after the implementation of a single, standard preferred drug list. The data
shall be aggregated by the department so as not to disclose the proprietary or
confidential drug-specific information, or the proprietary or confidential
information that directly or indirectly identifies financial information linked
to a single manufacturer. The report shall include any administrative costs or
savings associated with the continued implementation of a single, standard
Medicaid preferred drug list and must include information on a per Medicaid
prescription basis.
Sec.
8-1888. The department shall establish contract performance standards
associated with the capitation withhold provisions for Medicaid health plans at
least 3 months in advance of the implementation of those standards. The
determination of whether performance standards have been met shall be based
primarily on recognized concepts such as 1-year continuous enrollment and the
healthcare effectiveness data and information set, HEDIS, audited data.
Sec.
8-1894. By March 1 of the current fiscal year, the department shall report to
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 on the Healthy Kids Dental program. The report shall
include, but is not limited to, the following:
(a)
The number of children enrolled in the Healthy Kids Dental program who visited
the dentist during the previous fiscal year broken down by dental benefit
manager.
(b)
The number of dentists who accept payment from the Healthy Kids Dental program
broken down by dental benefit manager.
(c)
The annual change in dental utilization of children enrolled in the Healthy
Kids Dental program broken down by dental benefit manager.
(d)
Service expenditures for the Healthy Kids Dental program broken down by dental
benefit manager.
(e)
Administrative expenditures for the Healthy Kids Dental program broken down by
dental benefit manager.
INFORMATION TECHNOLOGY
Sec.
8-1901. (1) The department shall provide a report on a semiannual basis to 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 on all of the following information:
(a)
The process used to define requests for proposals for each expansion of
information technology projects, including timelines, project milestones, and
intended outcomes.
(b)
If the department decides not to contract the services out to design and
implement each element of the information technology expansion, the department
shall submit its own project plan that includes, at a minimum, the requirements
in subdivision (a).
(c)
A recommended project management plan with milestones and time frames.
(d)
The proposed benefits from implementing the information technology expansion,
including customer service improvement, form reductions, potential time
savings, caseload reduction, and return on investment.
(e)
Details on the implementation of the integrated service delivery project, and
the progress toward meeting the outcomes and performance measures listed in
section 1904(2) of this part.
(f)
A list of projects approved in the previous six months and the purpose for
approving each project including any federal, state, court, or legislative
requirement for each project.
(2)
Once an award for an expansion of information technology is made, the
department shall report to 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 a projected cost of the
expansion broken down by use and type of expense.
Sec.
8-1902. From the funds appropriated in part 1 for the Michigan Medicaid
information system (MMIS) line item, private revenue may be received from and
allocated for other states interested in participating as part of the broader
MMIS initiative. By March 1 of the current fiscal year, the department shall
provide a report on the use of MMIS by other states for the previous fiscal
year, including a list of states, type of use, and revenue and expenditures
related to the agreements with the other states to use the MMIS. The report
shall be provided to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the state budget
office.
Sec.
8-1903. (1) The department shall report to 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 by November 1
of the current fiscal year the status of an implementation plan regarding the
appropriation in part 1 to modernize the MiSACWIS. The report shall include,
but not be limited to, an update on the status of the settlement and efforts to
bring the system in compliance with the settlement and other federal guidelines
set forth by the United States Department of Health and Human Services
Administration for Children and Families.
(2)
The department shall report to 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 by March 1 and
September 1 of the current fiscal year a status report on the planning,
implementation, and operation, regardless of the current operational status,
regarding the appropriation in part 1 to implement the MiSACWIS. The report
shall provide details on the planning, implementation, and operation of the
system, including, but not limited to, all of the following:
(a)
Areas where implementation went as planned, and in each area including whether
the implementation results in either enhanced user interface or portal access,
conversion to new modules, or substantial operation improvement to the MiSACWIS
system.
(b)
The number of known issues.
(c)
The average number of help tickets submitted per day.
(d)
Any additional overtime or other staffing costs to address known issues and
volume of help tickets.
(e)
Any contract revisions to address known issues and volume of help tickets.
(f)
Other strategies undertaken to improve implementation, and for each strategy
area including whether the implementation results in either enhanced user
interface or portal access, conversion to new modules, or substantial operation
improvement to the MiSACWIS system.
(g)
Progress developing cross-system trusted data exchange with MiSACWIS.
(h)
Progress in moving away from a statewide automated child welfare information
system (SACWIS) to a comprehensive child welfare information system (CCWIS).
(i)
Progress developing and implementing a program to monitor data quality.
(j)
Progress developing and implementing custom integrated systems for private
agencies.
(k)
A list of all change orders, planned or in progress.
(l)
The status of all change orders, planned or in progress.
(m)
The estimated costs for all planned change orders.
(n)
The estimated and actual costs for all change orders in progress.
Sec.
8-1904. (1) From the funds appropriated in part 1 for the technology supporting
integrated service delivery line item, the department shall maintain
information technology tools and enhance existing systems to improve the
eligibility and enrollment process for citizens accessing department
administered programs. This information technology system will consolidate
beneficiary information, support department caseworker efforts in building a
success plan for beneficiaries, and better support department staff in
supporting enrollees in assistance programs.
(2)
Outcomes and performance measures for the initiative under subsection (1)
include, but are not limited to, the following:
(a)
Successful consolidation of data warehouses maintained by the department.
(b)
The amount of time a department caseworker devotes to data entry when
initiating an enrollee application.
(c)
A reduction in wait times for persons enrolled in assistance programs to speak
with department staff and get necessary changes made.
(d)
A reduction in department caseworker workload.
Sec.
8-1905. (1) The department shall report on a quarterly basis to the chairs of
the senate and house standing committees on appropriations, the senate and
house appropriations subcommittees on the department budget, the senate and
house appropriations subcommittees on the general government budget, the senate
and house fiscal agencies, the senate and house policy offices, and the state
budget office on all of the following:
(a)
Fiscal year-to-date information technology spending for the current fiscal year
by service and project and by line-item appropriation.
(b)
Planned information technology spending for the remainder of the current fiscal
year by service and project and by line-item appropriation.
(c)
Total fiscal year-to-date information technology spending and planned spending
for the current fiscal year by service and project and by line-item
appropriation.
(d)
A list of all information technology projects estimated to cost more than
$250,000.00 that exceed their allotted budget as well as all information
technology projects that have exceeded their allotted budget by 25% or more.
(2)
As used in subsection (1), "project" means all of, but not limited
to, the following major projects:
(a)
Community health automated Medicaid processing system (CHAMPS).
(b)
Bridges and MIBridges eligibility determination.
(c)
MiSACWIS.
(d)
Integrated service delivery.
(3)
By April 30 of the current fiscal year, the department, in coordination with
the department of technology, management, and budget, shall provide to 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 a 3-year strategic plan for information technology services
and projects for the department. The strategic plan shall identify any scheduled
changes in the federal and state shares of costs related to information
technology services and projects over the 3-year period. As part of the
strategic plan, the department shall include total information technology
expenditures from the previous fiscal year by fund source, total information
technology appropriations as a percentage of total department appropriations by
fund source, and total cost of ownership by project, for all information
technology expenditures in the previous fiscal year.
Sec.
8-1907. By March 1 of the current fiscal year, the department shall report to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy offices, and the
state budget office on all current, contracted information technology-related
projects, total contractual costs, spending in previous fiscal years, planned
spending for the current fiscal year, and fiscal year-to-date spending, by
project.
Sec.
8-1909. (1) From the funds appropriated in part 1 for child support automation,
the department shall only encumber or expend funds for the operation,
maintenance, and improvements of the Michigan child support enforcement system
(MiCSES).
(2)
From the funds appropriated in part 1 for bridges information system, the
department shall only encumber or expend funds for the operation, maintenance,
and improvements of Bridges and MIBridges.
(3)
From the funds appropriated in part 1 for technology supporting integrated
service delivery, the department shall only encumber or expend funds for the
operation, maintenance, and improvements of integrated service delivery.
(4)
From the funds appropriated in part 1 for Michigan Medicaid information system,
the department shall only encumber or expend funds for the operation,
maintenance, and improvements of the community health automated Medicaid
processing system (CHAMPS).
(5)
From the funds appropriated in part 1 for Michigan statewide automated child
welfare information system, the department shall only encumber or expend funds
for the operation, maintenance, and improvements of MiSACWIS.
(6)
From the funds appropriated in part 1 for comprehensive child welfare
information system, the department shall only encumber or expend funds for the
operation, maintenance, and improvements to the comprehensive child welfare
information system.
(7)
From the funds appropriated in part 1 for comprehensive child welfare
information system, the department shall allocate $3,762,200.00 to develop a new
information system to replace MiSACWIS consistent with the plan provided by the
department to the United States District Court for Eastern District of Michigan
as a part of the settlement. The development of the comprehensive child welfare
information system shall adhere to department of technology, management, and
budget and IT Investment Fund (ITIF) policies and practices, including use of
the state unified information technology environment methodology and agile
development. The project team will also participate in and comply with the
enterprise portfolio management office process and product quality assurance.
To ensure full transparency, the project will be included in the ITIF portfolio
for executive, legislative, and external reporting purposes. As a component of
the ITIF portfolio, the project will be subject to governance and oversight by
the IT investment management board.
ONE-TIME APPROPRIATIONS
Sec.
8-1933. From the funds appropriated in part 1 for Home Health and Safety, the
department shall create a pilot health and safety fund grant program. The
creation of the pilot program shall be supported by a work group which may
include representatives from the department, Michigan energy utility companies,
residential energy efficiency and weatherization experts and companies,
community-action agencies, low-income and affordable housing organizations,
affordable housing owners and renters, and environmental and public health
organizations. Funds from the pilot shall be used for the purpose of making
grants for construction, reconstruction, improvement, or repair of
single-family and multi-family residential buildings to correct health and
safety conditions as identified by the department's weatherization assistance
program's energy audit, directed by the weatherization assistance manager that
would require a deferral from participation in energy efficiency and
weatherization programs targeted at low-income residential buildings.
Sec.
8-1934. (1) From the funds appropriated in part 1 for long-term care facility
supports, the department shall allocate $9,000,000.00 general fund and any
associated federal matching funds for a supplemental payment to nursing
facilities. This payment shall be structured as a 1.5% increase to the Medicaid
per-bed day variable cost reimbursement rate. Payment will not be made until
the department has received federal approval.
(2)
The intent of the payment in (1) is to provide one-time support for nursing
home providers to support additional COVID related expenditures and decreasing
census during the coronavirus public health emergency.
Article 9
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
9-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of insurance and financial services are
appropriated for the fiscal year ending September 30, 2022, and are anticipated
to be appropriated for the fiscal year ending September 30, 2023, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 382.5 382.5
GROSS APPROPRIATION...................................... $ 72,987,600 $ 72,987,600
Total interdepartmental grants and
interdepartmental
transfers.............................................. 724,600 724,600
ADJUSTED GROSS APPROPRIATION............................ $ 72,263,000 $ 72,263,000
Total federal revenues................................... 1,017,100 1,017,100
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues................... 71,245,900 71,245,900
State general fund/general purpose...................... $ 0 $ 0
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 0 0
One-time state general fund/general purpose.......... 0 0
Sec. 9-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 23.5 23.5
Unclassified salaries-6.0 FTE positions................. $ 845,300 $ 845,300
Administrative hearings.................................. 181,700 181,700
Department services-20.0 FTE positions.................. 3,876,900 3,876,900
Executive director programs-3.5 FTE positions........... 954,100 954,100
Property management...................................... 1,292,000 1,292,000
Worker's compensation.................................... 400 400
GROSS APPROPRIATION...................................... $ 7,150,400 $ 7,150,400
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 7,150,400 7,150,400
State general fund/general purpose...................... $ 0 $ 0
Sec. 9-103. INSURANCE AND FINANCIAL SERVICES REGULATION
Full-time equated classified positions................ 359.0 359.0
Consumer services and protection-102.0 FTE
positions.... $ 13,935,300 $ 13,935,300
Financial institutions evaluation-135.0 FTE
positions... 25,345,300 25,345,300
Insurance evaluation-122.0 FTE positions................ 24,249,200 24,249,200
GROSS APPROPRIATION...................................... $ 63,529,800 $ 63,529,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and
regulatory
affairs................................................ 724,600 724,600
Federal revenues:
Other federal revenues................................... 1,017,100 1,017,100
Special revenue funds:
Other state restricted revenues......................... 61,788,100 61,788,100
State general fund/general purpose...................... $ 0 $ 0
Sec. 9-104. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 2,307,400 $ 2,307,400
GROSS APPROPRIATION...................................... $ 2,307,400 $ 2,307,400
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 2,307,400 2,307,400
State general fund/general purpose...................... $ 0 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
9-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $71,245,900.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $0.00.
Sec.
9-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
9-203. As used in this article:
(a)
"Department" means the department of insurance and financial
services.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
Sec.
9-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
9-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
9-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and deprived
communities for services, supplies, or both.
Sec.
9-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
9-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
9-209. 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 and the senate and house fiscal agencies.
Sec.
9-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $5,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
Sec.
9-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
9-212. 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 senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2021 and September 30, 2022.
Sec.
9-213. 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.
9-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2022 are estimated at
$9,583,100.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $5,369,000.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$4,214,100.00.
Sec.
9-215. Unless prohibited by law, the department may accept credit card or other
electronic means of payment for licenses, fees, or permits.
INSURANCE AND FINANCIAL SERVICES
REGULATION
Sec.
9-302. In addition to the funds appropriated in part 1, the funds collected by
the department in connection with a conservatorship under section 32 of the
mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL
445.1682, and funds collected by the department from corporations being
liquidated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to
500.8302, must be appropriated for all expenses necessary to provide for the
required services. Funds are available for expenditure when they are received
by the department of treasury and must not lapse to the general fund at the end
of the fiscal year.
Sec.
9-303. The department may make available to interested entities customized
listings of nonconfidential information in its possession. The department may
establish and collect a reasonable charge to provide this service. The revenue
from this service is appropriated when received and must be used to offset
expenses to provide the service. Any balance of this revenue collected and
unexpended at the end of the fiscal year must lapse to the appropriate
restricted fund.
Article 10
JUDICIARY
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
10-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the judiciary are appropriated for the fiscal year ending
September 30, 2022, and are anticipated to be appropriated for the fiscal year
ending September 30, 2023, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
JUDICIARY
APPROPRIATION
SUMMARY
Full-time equated exempted positions................... 521.0 514.0
GROSS APPROPRIATION...................................... $ 319,505,100 $ 318,741,000
Total interdepartmental grants and
interdepartmental
transfers.............................................. 1,652,300 1,652,300
ADJUSTED GROSS APPROPRIATION............................ $ 317,852,800 $ 317,088,700
Total federal revenues................................... 6,374,800 6,374,800
Total local revenues..................................... 7,619,800 7,619,800
Total private revenues................................... 1,222,600 1,222,600
Total other state restricted revenues................... 94,312,700 94,312,700
State general fund/general purpose...................... $ 208,322,900 $ 207,558,800
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 208,322,900 207,558,800
One-time state general fund/general purpose.......... 0 0
Sec. 10-102. SUPREME COURT
Full-time equated exempted positions................... 251.0 251.0
Community dispute resolution-3.0 FTE positions.......... $ 3,367,700 $ 3,367,700
Direct trial court automation support-44.0 FTE
positions.............................................. 7,619,800 7,619,800
Drug treatment courts.................................... 12,483,000 12,483,000
Foster care review board-10.0 FTE positions............. 1,360,400 1,360,400
Judicial information systems-24.0 FTE
positions......... 5,626,700 5,801,700
Judicial institute-13.0 FTE positions................... 2,115,400 2,115,400
Mental health courts and diversion
services-1.0 FTE
position............................................... 5,571,800 5,571,800
Next generation Michigan court system................... 4,116,000 4,116,000
Other federal grants..................................... 275,100 275,100
State court administrative office-64.0 FTE
positions.... 11,656,700 11,656,700
Supreme court administration-92.0 FTE
positions......... 14,164,500 14,164,500
Swift and sure sanctions program........................ 3,350,000 3,350,000
Veterans courts.......................................... 1,036,400 1,036,400
GROSS APPROPRIATION...................................... $ 72,743,500 $ 72,918,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 52,300 52,300
IDG from department of state police..................... 1,600,000 1,600,000
Federal revenues:
Other federal revenues................................... 5,804,600 5,804,600
Special revenue funds:
Local revenues........................................... 7,619,800 7,619,800
Private revenues......................................... 1,134,200 1,134,200
Other state restricted revenues......................... 7,791,200 7,791,200
State general fund/general purpose...................... $ 48,741,400 $ 48,916,400
Sec. 10-103. COURT OF APPEALS
Full-time equated exempted positions................... 175.0 175.0
Court of appeals operations-175.0 FTE
positions......... $ 25,642,000 $ 25,642,000
GROSS APPROPRIATION...................................... $ 25,642,000 $ 25,642,000
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 25,642,000 $ 25,642,000
Sec. 10-104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions................... 4.0 4.0
Branchwide appropriations-4.0 FTE positions............. $ 9,010,100 $ 9,010,100
GROSS APPROPRIATION...................................... $ 9,010,100 $ 9,010,100
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 9,010,100 $ 9,010,100
Sec. 10-105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions............................. 586.0 586.0
Supreme court justices' salaries-7.0 justices........... $ 1,270,500 $ 1,270,500
Circuit court judges' state base
salaries-217.0 judges.. 24,779,800 24,779,800
Circuit court judicial salary standardization........... 9,922,100 9,922,100
Court of appeals judges' salaries-25.0 judges........... 4,327,300 4,327,300
District court judges' state base
salaries-234.0
judges................................................. 26,279,000 26,279,000
District court judicial salary standardization.......... 10,699,500 10,699,500
Probate court judges' state base
salaries-103.0 judges.. 11,667,700 11,667,700
Probate court judicial salary standardization........... 4,669,600 4,669,600
Judges' retirement system defined
contributions......... 5,733,600 5,733,600
OASI, social security.................................... 6,683,000 6,683,000
GROSS APPROPRIATION...................................... $ 106,032,100 $ 106,032,100
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 1,970,800 1,970,800
State general fund/general purpose...................... $ 104,061,300 $ 104,061,300
Sec. 10-106. JUDICIAL AGENCIES
Full-time equated exempted positions................... 7.0 7.0
Judicial tenure commission-7.0 FTE positions............ $ 1,401,500 $ 1,401,500
GROSS APPROPRIATION...................................... $ 1,401,500 $ 1,401,500
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 1,401,500 $ 1,401,500
Sec. 10-107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions................... 63.0 56.0
Appellate public defender program-56.0 FTE
positions.... $ 8,982,800 $ 8,982,800
Compliance with Montgomery v Louisiana
decision-7.0
FTE positions.......................................... 939,100 0
GROSS APPROPRIATION...................................... $ 9,921,900 $ 8,982,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 570,200 570,200
Special revenue funds:
Private revenues......................................... 88,400 88,400
Other state restricted revenues......................... 172,400 172,400
State general fund/general purpose...................... $ 9,090,900 $ 8,151,800
Sec. 10-108. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance......................... $ 7,937,000 $ 7,937,000
GROSS APPROPRIATION...................................... $ 7,937,000 $ 7,937,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 7,937,000 7,937,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 10-109. TRIAL COURT OPERATIONS
Full-time equated exempted positions................... 21.0 21.0
Court equity fund reimbursements........................ $ 60,815,700 $ 60,815,700
Drug case-flow program................................... 250,000 250,000
Drunk driving case-flow program......................... 3,300,000 3,300,000
Judicial technology improvement fund.................... 4,815,000 4,815,000
Juror compensation reimbursement-1.0 FTE
position....... 6,608,000 6,608,000
Statewide e-file system-20.0 FTE positions.............. 11,028,300 11,028,300
GROSS APPROPRIATION...................................... $ 86,817,000 $ 86,817,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 76,441,300 76,441,300
State general fund/general purpose...................... $ 10,375,700 $ 10,375,700
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
10-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $302,635,600.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $148,056,300.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
JUDICIARY
Drug
treatment courts...................................................... $ 8,838,000
Mental health courts and diversion services............................ 5,571,800
Next generation Michigan court system.................................. 4,116,000
Swift and sure sanctions program....................................... 3,350,000
Veterans courts........................................................ 1,036,400
Court of appeals operations............................................ 200,000
Circuit court judicial salary standardization.......................... 9,922,100
District court judicial salary standardization......................... 10,699,500
Probate court judges' state base salaries.............................. 11,667,700
Probate court judicial salary standardization.......................... 4,669,600
OASI, social security.................................................. 1,168,200
Court equity fund reimbursements....................................... 60,815,700
Drug case-flow program................................................. 250,000
Drunk driving case-flow program........................................ 3,300,000
Judicial technology improvement fund................................... 4,815,000
Juror compensation reimbursement....................................... 6,608,000
Statewide e-file system................................................ 11,028,300
TOTAL.................................................................... $ 148,056,300
Sec.
10-202. (1) The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2)
Funds appropriated in part 1 to an entity within the judicial branch shall not
be expended or transferred to another account without written approval of the
authorized agent of the judicial entity. If the authorized agent of the
judicial entity notifies the state budget director of its approval of an
expenditure or transfer, the state budget director shall immediately make the
expenditure or transfer. The authorized judicial entity agent shall be
designated by the chief justice of the supreme court.
Sec.
10-203. As used in this article:
(a)
"FTE" means full-time equated.
(b)
"IDG" means interdepartmental grant.
(c)
"OASI" means old age survivor's insurance.
Sec.
10-204. The reporting requirement of this part shall be completed with the
approval of, and at the direction off, the supreme court, except as otherwise
provided in this part. The judicial branch shall use the internet to fulfill
the reporting requirements of this part. This requirement shall include
transmission of reports via electronic mail to the recipients identified for
each reporting requirement and shall include placement of reports on an
internet site.
Sec.
10-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
10-207. Not later than January 1 of each year, the state court administrative
office shall prepare a report on out-of-state travel listing all travel by
judicial branch employees outside this state in the immediately preceding
fiscal year that was funded in whole or in part with funds appropriated in the
budget for the judicial branch. 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 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.
10-209. 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 and the senate and house fiscal agencies.
Sec.
10-211. From the funds appropriated in part 1, the judicial branch shall
maintain a searchable website accessible by the public at no cost that includes
all expenditures made by the judicial branch within a fiscal year. The posting
shall include the purpose for which each expenditure is made. The judicial
branch shall not provide financial information on its website under this
section if doing so would violate a federal or state law, rule, regulation, or
guideline that establishes privacy or security standards applicable to that
financial information.
Sec.
10-212. Within 14 days after the release of the executive budget
recommendation, the judicial branch shall cooperate with the state budget
office to provide the senate and house appropriations committee chairs, the
senate and house appropriations subcommittee 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.
10-213. The judiciary shall maintain, on a publicly accessible website, a
scorecard that identifies, tracks, and regularly updates key metrics that are
used to monitor and improve the judiciary's performance.
Sec.
10-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2022 are estimated at
$14,001,700.00. From this amount, total judiciary appropriations for
pension-related legacy costs are estimated at $7,844,500.00. Total judiciary
appropriations for retiree health care legacy costs are estimated at
$6,157,200.00.
JUDICIAL BRANCH
Sec.
10-301. From the funds appropriated in part 1, the direct trial court
automation support program of the state court administrative office shall
recover direct and overhead costs from trial courts by charging for services
rendered. The fee shall cover the actual costs incurred to the direct trial
court automation support program in providing the service, including
development of future versions of case management systems.
Sec.
10-302. Funds appropriated within the judicial branch shall not be expended by
any component within the judicial branch without the approval of the supreme
court.
Sec.
10-303. Of the amount appropriated in part 1 for the judicial branch,
$711,900.00 is allocated for circuit court reimbursement under section 3 of
1978 PA 16, MCL 800.453, and for costs associated with the court of claims.
Sec.
10-304. A member of the legislature may request a report or data from the data
collected in the judicial data warehouse. The report shall be made available to
the public upon request, unless disclosure is prohibited by court order or
state or federal law. Any data provided under this section shall be public and
non-identifying information.
Sec.
10-305. From the funds appropriated in part 1 for community dispute resolution,
community dispute resolution centers shall provide dispute resolution services
specified in the community dispute resolution act, 1988 PA 260, MCL 691.1551 to
691.1564, and shall help to reduce suspensions and truancy, and improve school
climate. Funding appropriated in part 1 for community dispute resolution may be
used to develop or expand juvenile diversion services in cooperation with local
prosecutors. Participation in the dispute resolution processes is voluntary for
all parties.
Sec.
10-307. From the funds appropriated in part 1 for mental health courts and
diversion services, $1,730,000.00 is intended to address the recommendations of
the mental health diversion council.
Sec.
10-308. If sufficient funds are not available from the court fee fund to pay
judges' compensation, the difference between the appropriated amount from that
fund for judges' compensation and the actual amount available after the amount
appropriated for trial court reimbursement is made shall be appropriated from
the state general fund for judges' compensation. If an appropriation is made
under this section, the state court administrative office shall notify, within
14 days of the appropriation, the senate and house standing committees on
appropriations, the senate and house appropriations subcommittees on judiciary,
the senate and house fiscal agencies, and the state budget office.
Sec.
10-309. By April 1, the state court administrative office shall provide a
report on drug treatment, mental health, and veterans court programs in this
state. The report shall include information on the number of each type of
program that has been established, the number of program participants in each
jurisdiction, and the impact of the programs on offender criminal involvement
and recidivism. The report shall be submitted to the senate and house
appropriations subcommittees on judiciary, the senate and house fiscal agencies,
and the state budget office.
Sec.
10-311. (1) The funds appropriated in part 1 for drug treatment courts as that
term is defined in section 1060 of the revised judicature act of 1961, 1961 PA
236, MCL 600.1060, shall be administered by the state court administrative
office to operate drug treatment court programs. A drug treatment court shall
be responsible for handling cases involving substance abusing nonviolent
offenders through comprehensive supervision, testing, treatment services, and
immediate sanctions and incentives. A drug treatment court shall use all
available county and state personnel involved in the disposition of cases
including, but not limited to, parole and probation agents, prosecuting
attorneys, defense attorneys, and community corrections providers. The funds
may be used in connection with other federal, state, and local funding sources.
(2)
From the funds appropriated in part 1, the chief justice shall allocate
sufficient funds for the Michigan judicial institute to provide in-state
training for those identified in subsection (1), including training for new
drug treatment court judges.
(3)
For drug treatment court grants, consideration for priority may be given to
those courts where higher instances of substance abuse cases are filed.
(4)
The judiciary shall receive $1,500,000.00 in Byrne formula grant funding as an
interdepartmental grant from the department of state police to be used for
expansion of drug treatment courts, to assist in avoiding prison bed space
growth for nonviolent offenders in collaboration with the department of
corrections.
Sec.
10-317. Funds appropriated in part 1 shall not be used for the permanent
assignment of state-owned vehicles to justices or judges or any other judicial
branch employee. This section does not preclude the use of state-owned motor
pool vehicles for state business in accordance with approved guidelines.
Sec.
10-320. (1) From the funds appropriated in part 1 for the swift and sure
sanctions program, created under section 3 of chapter XIA of the code of
criminal procedure, 1927 PA 175, MCL 771A.3, the state court administrative
office shall administer a program to distribute grants to qualifying courts in
accordance with the objectives and requirements of the probation swift and sure
sanctions act, chapter XIA of the code of criminal procedure, 1927 PA 175, MCL
771A.1 to 771A.8. Of the funds designated for the program, not more than
$100,000.00 shall be available to the state court administrative office to pay
for employee costs associated with the administration of the program funds. Of
the funds designated for the program, $500,000.00 is reserved for programs in
counties that had more than 325 individuals sentenced to prison in the previous
calendar year. Courts interested in participating in the swift and sure
sanctions program may apply to the state court administrative office for a
portion of the funds appropriated in part 1 under this section.
(2)
By April 1, the state court administrative office, in cooperation with the
department of corrections, shall provide a report on the courts that receive
funding under the swift and sure sanctions program described in subsection (1)
to the senate and house appropriations subcommittees on judiciary, the senate
and house fiscal agencies, and the state budget office. The report shall
include all of the following:
(a)
The number of offenders who participate in the program.
(b)
The criminal history of offenders who participate in the program.
(c)
The recidivism rate of offenders who participate in the program, including the
rate of return to jail, prison, or both.
(d)
A detailed description of the establishment and parameters of the program.
(e)
A list of courts participating in the program.
(f)
An accounting of prior year expenditures, including grant amounts requested by
the courts, grant amounts awarded to the courts, and grant amounts expended by
the courts.
(3)
As used in this section, "program" means a swift and sure sanctions
program described in subsection (1).
Sec.
10-321. From the funds appropriated in part 1, the judicial branch shall
support a statewide legal self-help internet website and local nonprofit
self-help centers that use the statewide website to provide assistance to
individuals representing themselves in civil legal proceedings. The state court
administrative office shall summarize the costs of maintaining the website,
provide statistics on the number of people visiting the website, and provide
information on content usage, form completion, and user feedback. By March 1,
the state court administrative office shall report this information for the
preceding fiscal year to the senate and house appropriations subcommittees on
judiciary, the senate and house fiscal agencies, and the state budget office.
Sec.
10-322. If Byrne formula grant funding is awarded to the state appellate
defender in excess of the amount appropriated in part 1, the state appellate
defender office may receive and expend Byrne formula grant funds in an amount
not to exceed $250,000.00 as an interdepartmental grant from the department of
state police. If the appellate defender appointed under section 3 of the
appellate defender act, 1978 PA 620, MCL 780.713, receives federal grant
funding from the United States Department of Justice in excess of the amount
appropriated in part 1, the office of appellate defender may receive and expend
grant funds in an amount not to exceed $300,000.00 as other federal grants.
Sec.
10-324. From the funds appropriated in part 1 for the medication-assisted
treatment program, the judiciary shall maintain a medication-assisted treatment
program to provide treatment for opioid-addicted and alcohol-addicted
individuals who are referred to and voluntarily participate in the
medication-assisted treatment program.
Sec.
10-326. (1) From the funds appropriated in part 1, the state appellate defender
office attorneys and support staff shall ensure Michigan compliance with
Montgomery v Louisiana, 577 US _____ (2016). The purpose of the program is to
ensure competent, resourced, and supervised counsel in cases involving the
resentencing of juvenile lifers.
(2)
The state appellate defender office shall submit a report by September 30 to
the senate and house appropriations subcommittees on judiciary, the senate and
house fiscal agencies, and the state budget office on the number of juvenile
lifer cases investigated and prepared by the state appellate defender office.
The report shall include a calculation of hours spent and focus on incremental
costs associated with investigating and conducting a robust examination of each
case, with particular emphasis on those costs that may be avoided after the
cases have been disposed.
Article 11
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
PART 1
LINE-ITEM APPROPRIATIONS
AND ANTICIPATED APPROPRIATIONS
Sec.
11-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of labor and economic opportunity are
appropriated for the fiscal year ending September 30, 2022, and are anticipated
to be appropriated for the fiscal year ending September 30, 2023, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 35.5 35.5
Full-time equated classified positions................ 3,061.4 3,041.4
GROSS APPROPRIATION...................................... $ 1,830,177,600 $ 1,608,877,600
Total interdepartmental grants and interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 1,830,177,600 $ 1,608,877,600
Total federal revenues................................... 1,143,364,800 1,143,364,800
Total local revenues..................................... 10,900,000 10,900,000
Total private revenues................................... 11,267,000 11,267,000
Total other state restricted revenues................... 243,502,700 243,502,700
State general fund/general purpose...................... $ 421,143,100 $ 199,843,100
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 199,843,100 199,843,100
One-time state general fund/general purpose.......... 221,300,000 0
Sec. 11-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 35.5 35.5
Full-time equated classified positions................ 60.0 60.0
Unclassified salaries-35.5 FTE positions................ $ 4,319,400 $ 4,319,400
Executive direction and operations-60.0 FTE
positions... 10,063,000 10,063,000
Property management...................................... 6,189,400 6,189,400
GROSS APPROPRIATION...................................... $ 20,571,800 $ 20,571,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 11,996,100 11,996,100
Special revenue funds:
Other state restricted revenues......................... 6,002,800 6,002,800
State general fund/general purpose...................... $ 2,572,900 $ 2,572,900
Sec. 11-103. WORKFORCE DEVELOPMENT
Full-time equated classified positions................ 219.0 219.0
At-risk youth grants..................................... $ 3,750,000 $ 3,750,000
Going pro................................................ 28,670,700 28,670,700
High school equivalency-to-school....................... 250,000 250,000
Statewide pre-apprenticeship program.................... 3,000,000 3,000,000
Workforce development programs.......................... 391,406,300 391,406,300
Workforce program administration-219.0 FTE
positions.... 38,465,700 38,465,700
GROSS APPROPRIATION...................................... $ 465,542,700 $ 465,542,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 404,098,000 404,098,000
Special revenue funds:
Local revenues........................................... 500,000 500,000
Private revenues......................................... 5,279,600 5,279,600
Other state restricted revenues......................... 22,277,000 22,277,000
State general fund/general purpose...................... $ 33,388,100 $ 33,388,100
Sec. 11-104. REHABILITATION SERVICES
Full-time equated classified positions................ 668.0 668.0
Bureau of services for blind persons-113.0 FTE
positions.............................................. $ 25,509,200 $ 25,509,200
Independent living....................................... 15,531,700 15,531,700
Michigan rehabilitation services-555.0 FTE
positions.... 134,227,900 134,227,900
Subregional libraries state aid......................... 451,800 451,800
GROSS APPROPRIATION...................................... $ 175,720,600 $ 175,720,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 136,223,200 136,223,200
Special revenue funds:
Local revenues........................................... 5,400,000 5,400,000
Private revenues......................................... 643,300 643,300
Other state restricted revenues......................... 538,300 538,300
State general fund/general purpose...................... $ 32,915,800 $ 32,915,800
Sec. 11-105. EMPLOYMENT SERVICES
Full-time equated classified positions................ 376.4 376.4
Bureau of employment relations-22.0 FTE
positions....... $ 4,431,700 $ 4,431,700
Compensation supplement fund............................ 820,000 820,000
First responder presumed coverage claims................ 4,000,000 4,000,000
Insurance funds administration-23.0 FTE
positions....... 4,711,800 4,711,800
Michigan occupational safety and health
administration-197.0 FTE positions..................... 30,354,400 30,354,400
Office of global Michigan-11.0 FTE positions............ 29,246,400 29,246,400
Private and occupational distance learning-3.0
FTE
positions.............................................. 849,600 849,600
Radiation safety section-21.4 FTE positions............. 3,414,900 3,414,900
Wage and hour program-29.0 FTE positions................ 3,970,900 3,970,900
Workers' compensation board of
magistrates-10.0 FTE
positions.............................................. 2,238,000 2,238,000
Workers' disability compensation agency-56.0
FTE
positions.............................................. 8,178,700 8,178,700
Workers' disability compensation appeals commission-
4.0 FTE positions...................................... 348,000 348,000
GROSS APPROPRIATION...................................... $ 92,564,400 $ 92,564,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 41,667,400 41,667,400
Special revenue funds:
Other state restricted revenues......................... 46,278,300 46,278,300
State general fund/general purpose...................... $ 4,618,700 $ 4,618,700
Sec. 11-106. UNEMPLOYMENT
Full-time equated classified positions................ 1,244.0 1,244.0
Unemployment insurance agency-1,236.0 FTE
positions..... $ 293,439,200 $ 293,439,200
Unemployment insurance agency - advocacy
assistance..... 1,500,000 1,500,000
Unemployment insurance appeals commission-8.0
FTE
positions.............................................. 4,384,900 4,384,900
GROSS APPROPRIATION...................................... $ 299,324,100 $ 299,324,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 276,589,200 276,589,200
Special revenue funds:
Other state restricted revenues......................... 22,734,900 22,734,900
State general fund/general purpose...................... $ 0 $ 0
Sec. 11-107. COMMISSIONS
Full-time equated classified positions................ 18.0 18.0
Asian Pacific American affairs commission-1.0
FTE
position............................................... $ 137,400 $ 137,400
Commission on Middle Eastern American
affairs-1.0 FTE
position............................................... 125,000 125,000
Hispanic/Latino commission of Michigan-1.0 FTE
position............................................... 295,100 295,100
Michigan community service commission-14.0 FTE
positions.............................................. 11,831,500 11,831,500
Women's commission-1.0 FTE position..................... 242,600 242,600
GROSS APPROPRIATION...................................... $ 12,631,600 $ 12,631,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 10,826,000 10,826,000
Special revenue funds:
Private revenues......................................... 44,100 44,100
State general fund/general purpose...................... $ 1,761,500 $ 1,761,500
Sec. 11-108. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 29,557,000 $ 29,557,000
GROSS APPROPRIATION...................................... $ 29,557,000 $ 29,557,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 26,381,600 26,381,600
Special revenue funds:
Other state restricted revenues......................... 2,491,600 2,491,600
State general fund/general purpose...................... $ 683,800 $ 683,800
Sec. 11-109. MICHIGAN STRATEGIC FUND
Full-time equated classified positions................ 174.0 174.0
Arts and cultural program................................ $ 9,500,000 $ 9,500,000
Business attraction and community
revitalization........ 100,000,000 100,000,000
Community college skilled trades equipment
program
debt service........................................... 4,600,000 4,600,000
Community development block grants...................... 62,000,000 62,000,000
Entrepreneurship eco-system.............................. 15,650,000 15,650,000
Facility for rare isotope beams......................... 7,300,000 7,300,000
Flint settlement debt service........................... 35,000,000 35,000,000
Job creation services-174.0 FTE positions............... 28,520,600 28,520,600
Lighthouse preservation program......................... 307,500 307,500
Pure Michigan............................................ 25,000,000 25,000,000
GROSS APPROPRIATION...................................... $ 287,878,100 $ 287,878,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 67,723,300 67,723,300
Special revenue funds:
Local revenues........................................... 5,000,000 5,000,000
Private revenues......................................... 5,300,000 5,300,000
21st century jobs fund................................... 75,000,000 75,000,000
Other state restricted revenues......................... 10,952,500 10,952,500
State general fund/general purpose...................... $ 123,902,300 $ 123,902,300
Sec. 11-110. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions................ 273.0 273.0
Housing and rental assistance-273.0 FTE
positions....... $ 46,699,600 $ 46,699,600
Michigan state housing development authority
technology services and projects....................... 3,694,000 3,694,000
Payments on behalf of tenants........................... 166,860,000 166,860,000
Property management...................................... 3,497,100 3,497,100
GROSS APPROPRIATION...................................... $ 220,750,700 $ 220,750,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 166,860,000 166,860,000
Special revenue funds:
Other state restricted revenues......................... 53,890,700 53,890,700
State general fund/general purpose...................... $ 0 $ 0
Sec. 11-111. STATE LAND BANK AUTHORITY
Full-time equated classified positions................ 9.0 9.0
State land bank authority-9.0 FTE positions............. $ 4,336,600 $ 4,336,600
GROSS APPROPRIATION...................................... $ 4,336,600 $ 4,336,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,000,000 1,000,000
Special revenue funds:
Other state restricted revenues......................... 3,336,600 3,336,600
State general fund/general purpose...................... $ 0 $ 0
Sec. 11-112. ONE-TIME APPROPRIATIONS
Full-time equated classified positions................ 20.0 0.0
Child care facilitator pilot project.................... $ 2,200,000 $ 0
Child savings accounts................................... 2,000,000 0
Focus: HOPE.............................................. 1,000,000 0
Futures for frontliners.................................. 39,100,000 0
Going pro................................................ 15,000,000 0
Michigan housing and community development
program...... 10,000,000 0
Michigan reconnect grant program-20.0 FTE positions..... 120,000,000 0
Mobility futures initiative.............................. 25,000,000 0
Poverty task force - research and planning.............. 1,000,000 0
Reconnect and futures for frontliners
wraparound
services............................................... 6,000,000 0
GROSS APPROPRIATION...................................... $ 221,300,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose.................... $ 221,300,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
11-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $664,645,800.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $52,863,300.00. The itemized statement
below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
Going pro............................................................... $ 25,918,800
Workforce development programs......................................... 10,680,000
Michigan rehabilitation services....................................... 262,200
Michigan community service commission.................................. 2,300
Going pro (one-time)................................................... 15,000,000
Arts and cultural program.............................................. 1,000,000
TOTAL.................................................................... $ 52,863,300
Sec.
11-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
11-203. As used in this article:
(a)
"Department" means the department of labor and economic opportunity.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"Fund" means the Michigan strategic fund.
(e)
"MEDC" means the Michigan economic development corporation, which is
the public body corporate created under section 28 of article VII of the state
constitution of 1963 and the urban cooperation act of 1967, 1967 (Ex Sess) PA
7, MCL 124.501 to 124.512, by contractual interlocal agreement effective April
5, 1999, between local participating economic development corporations formed
under the economic development corporations act, 1974 PA 338, MCL 125.1601 to
125.1636, and the Michigan strategic fund.
(f)
"MEGA" means the Michigan economic growth authority.
(g)
"MSF" means the Michigan strategic fund.
(h)
"PATH" means Partnership. Accountability. Training. Hope.
(i)
"USC" means United States code.
(j)
"USDOL" means the United States department of labor.
Sec.
11-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
11-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
11-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
11-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
11-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
11-209. 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 and the senate and house fiscal agencies.
Sec.
11-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $30,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $10,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for private contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
Sec.
11-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
11-212. 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 senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2021 and September 30,
2022.
Sec.
11-213. 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.
11-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2022 are $59,735,500.00.
From this amount, total agency appropriations for pension-related legacy costs
are estimated at $33,467,000.00. Total agency appropriations for retiree health
care legacy costs are estimated at $26,268,500.00.
Sec.
11-215. Federal pass-through funds to local institutions and governments that
are received in amounts in addition to those included in part 1 and that do not
require additional state matching funds are appropriated for the purposes
intended. The department may carry forward into the succeeding fiscal year
unexpended federal pass-through funds to local institutions and governments
that do not require additional state matching funds. The department shall
report the amount and source of the funds to the relevant senate and house of
representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director within 10 business days after receiving
any additional pass-through funds.
Sec.
11-216. (1) Grants supported with private revenues received by the department
are appropriated upon receipt and are available for expenditure by the
department, subject to subsection (3), for purposes specified within the grant
agreement and as permitted under state and federal law.
(2)
Within 10 days after the receipt of a private grant appropriated in subsection
(1), the department shall notify the house and senate chairpersons of the
subcommittees, the senate and house fiscal agencies, and the state budget
director of the receipt of the grant, including the fund source, purpose, and
amount of the grant.
(3)
The amount appropriated under subsection (1) shall not exceed $1,500,000.00.
Sec.
11-217. (1) The department may charge registration fees to attendees of
informational, training, or special events sponsored by the department, and
related to activities that are under the department's purview.
(2)
These fees shall reflect the costs for the department to sponsor the
informational, training, or special events.
(3)
Revenue generated by the registration fees is appropriated upon receipt and
available for expenditure to cover the department's costs of sponsoring
informational, training, or special events.
(4)
Revenue generated by registration fees in excess of the department's costs of
sponsoring informational, training, or special events shall carry forward to
the subsequent fiscal year and not lapse to the general fund.
(5)
The amount appropriated under subsection (3) shall not exceed $500,000.00.
Sec.
11-218. (1) The department may sell documents at a price not to exceed the cost
of production and distribution. Money received from the sale of these documents
shall revert to the department. In addition to the funds appropriated in part
1, these funds are available for expenditure when they are received by the
department of treasury. This subsection applies only to R 418.10101 to R
418.101504 of the Michigan Administrative Code.
(2)
Unexpended funds at the end of the fiscal year shall carry forward to the
subsequent fiscal year and not lapse to the general fund.
Sec.
11-219. If the revenue collected by the department for radiological health
administration and projects from fees and collections exceeds the amount
appropriated in part 1, the revenue may be carried forward into the subsequent
fiscal year. The revenue carried forward under this section shall be used as
the first source of funds in the subsequent fiscal year.
Sec.
11-237. All information technology projects funded by appropriations in part 1
must utilize information technology project management best practices and
services as defined or recommended by the enterprise portfolio management
office of the department of technology, management and budget and comply with
the requirements of the state unified information technology environment
methodology as it applies to all information technology project management
processes.
STATE LAND BANK AUTHORITY
Sec.
11-995. In addition to the amounts appropriated in part 1, the state land bank
authority may expend revenues received under the land bank fast track act, 2003
PA 258, MCL 124.751 to 124.774, for the purposes authorized by the act,
including, but not limited to, the acquisition, lease, management, demolition,
maintenance, or rehabilitation of real or personal property, payment of debt
service for notes or bonds issued by the authority, and other expenses to clear
or quiet title property held by the authority.
MICHIGAN STRATEGIC FUND
Sec.
11-1005. In addition to the appropriations in part 1, Travel Michigan may receive
and expend private revenue related to the use of "Pure Michigan" and
all other copyrighted slogans and images. This revenue may come from the direct
licensing of the name and image or from the royalty payments from various
merchandise sales. Revenue collected is appropriated for the marketing of the
state as a travel destination. The funds are available for expenditure when
they are received by the department of treasury. If the fund receives revenues
from the use of "Pure Michigan", the fund shall provide a report that
lists the revenues by source received from the use of "Pure Michigan"
and all other copyrighted slogans and images. The report shall provide a
detailed list of expenditures of revenues received under this section. The
report shall be provided to the chairpersons of the senate and house of
representatives standing committees on appropriations, the relevant senate and
house of representatives appropriations subcommittees, the house and senate
fiscal agencies, and the state budget director by March 1.
Sec.
11-1005a. (1) From the funds appropriated in part 1 for Pure Michigan, general
fund dollars shall be appropriated for the following purposes:
(a)
Conduction of market research regionally, nationally, and internationally for
use in market campaigns.
(b)
Production of advertisements for the promotion of Michigan as a place to live,
work, and play.
(c)
Placement of advertisements in regional, national, and international market
campaigns.
(d)
Administration of the program.
(e)
Other activities that promote Michigan as a place to live, work, and play.
(2)
The fund may contract any of the activities under subsection (1).
(3)
The fund may work in cooperation with local units of government, nonprofit
entities, and private entities on Pure Michigan promotion campaigns. The fund
shall include agreements prior to undertaking cooperative marketing campaigns.
Sec.
11-1005b. (1) A local promotion fund is created in the department of labor and
economic opportunity. The fund may receive funds from local units of government
and nonprofit entities and deposit these funds into the local promotion fund.
Funds received are available for expenditure for use in Pure Michigan promotion
campaigns. As used in this subsection, the term "local unit of government"
includes cities, villages, townships, counties, and regional councils of
government. The fund may maintain individual accounts for local units of
government and nonprofit entities that deposit funds into the local promotion
fund upon request from a local unit.
(2)
Local promotion funds appropriated in part 1 may be used for media production
and placements, national and international marketing campaigns, and for other
activities that promote Michigan as a place to live, work, and play.
(3)
Any unexpended or unencumbered balance shall be disposed of in accordance with
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless
carryforward authorization has been otherwise provided for.
Sec.
11-1005c. (1) A private promotion fund is created in the department of labor
and economic opportunity. The fund may receive funds from private entities and
deposit these funds into the private promotion fund. Funds received are
available for expenditure for use in Pure Michigan promotion campaigns. The
fund may maintain individual accounts for private entities that deposit funds
into the private promotion fund upon request from a private entity.
(2)
Private promotion funds appropriated in part 1 may be used for media production
and placements, national and international marketing campaigns, and for other
activities that promote Michigan as a place to live, work, and play.
(3)
Any unexpended or unencumbered balance shall be disposed of in accordance with
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless
carryforward authorization has been otherwise provided for.
Sec.
11-1007. (1) As a condition of receiving funds appropriated in part 1, the fund
shall request the following information from the MEDC:
(a)
Approved budget from the MEDC executive committee for the current fiscal year
and actual budget expenditures for the preceding fiscal years.
(b)
Expenditures and revenues as part of the current and preceding year budgets,
including the available fund balance for the current and preceding fiscal
years.
(c)
The total number of FTEs, by state and corporate status.
(d)
A reporting of activities, programs, and grants consistent with the preceding
fiscal year budget.
(2)
Information received by the MSF pursuant to this section shall be posted online
and distributed to the chairpersons of the senate and house of representatives
standing committees on appropriations, the chairpersons of the relevant senate
and house of representatives appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director by March 15.
Sec.
11-1008. As a condition of receiving funds under part 1, any interlocal
agreement entered into by the fund shall include language which states that if
a local unit of government has a contract or memorandum of understanding with a
private economic development agency, the MEDC will work cooperatively with that
private organization in that local area.
Sec.
11-1010. As a condition for receiving funds in part 1, not later than March 15,
the fund shall provide a report for the immediately preceding fiscal year on
the jobs for Michigan investment fund, created in section 88h of the Michigan
strategic fund act, 1984 PA 270, MCL 125.2088h. The report shall be submitted
to the chairpersons of the senate and house of representatives standing
committees on appropriations, the chairpersons of the relevant senate and house
of representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director. The report shall include, but is not
limited to, all of the following:
(a)
A detailed listing of revenues, by fund source, to the jobs for Michigan
investment fund. The listing shall include the manner and reason for which the
funds were appropriated to the jobs for Michigan investment fund.
(b)
A detailed listing of expenditures, by project, from the jobs for Michigan
investment fund.
(c)
A fiscal year-end balance of the jobs for Michigan investment fund.
Sec.
11-1011. (1) From the appropriations in part 1 to the fund and granted or
transferred to the MEDC, any unexpended or unencumbered balance shall be
disposed of in accordance with the requirements in the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594, unless carryforward authorization has
been otherwise provided for.
(2)
Any encumbered funds, including encumbered funds subsequently unobligated,
shall be used for the same purposes for which funding was originally
appropriated in this part and part 1.
(3)
For funds appropriated in part 1 to the fund, any carryforward authorization
subsequently created through a work project shall be preserved until a cash or
accrued expenditure has been executed or the allowable work project time period
has expired.
Sec.
11-1012. (1) As a condition of receiving funds under part 1, the fund shall
ensure that the MEDC and the fund comply with all of the following:
(a)
The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(b)
The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(c)
Annual audits of all financial records by the auditor general or his or her
designee.
(d)
All reports required by law to be submitted to the legislature.
(2)
If the MEDC is unable for any reason to perform duties under this part, the
fund may exercise those duties.
Sec.
11-1024. From the funds appropriated in part 1 for business attraction and
community revitalization, not less than 20% shall be granted by the fund board
for brownfield redevelopment and historic preservation projects under the community
revitalization program authorized by chapter 8C of the Michigan strategic fund
act, 1984 PA 270, MCL 125.2090 to 125.2090d.
Sec.
11-1032. (1) The fund shall report to the chairpersons of the senate and house
of representatives standing committees on appropriations, the relevant senate
and house of representatives appropriations subcommittees, the state budget
director, and the senate and house fiscal agencies on the status of the film
incentives at the same time as it submits the annual report required under
section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455. The
department of treasury shall provide the fund with the data necessary to
prepare the report. Incentives included in the report shall include all of the
following:
(a)
The tax credit provided under section 455 of the Michigan business tax act,
2007 PA 36, MCL 208.1455.
(b)
The tax credit provided under section 457 of the Michigan business tax act,
2007 PA 36, MCL 208.1457.
(c)
The tax credit provided under section 459 of the Michigan business tax act,
2007 PA 36, MCL 208.1459.
(d)
The amount of any tax credit claimed under former section 367 of the income tax
act of 1967, 1967 PA 281.
(e)
Any tax credits provided for film and digital media production under the Michigan
economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810.
(f)
Loans to an eligible production company or film and digital media private
equity fund authorized under section 88d(3), (4), and (5) of the Michigan
strategic fund act, 1984 PA 270, MCL 125.2088d.
(2)
The report shall include all of the following information:
(a)
For each tax credit, the number of contracts signed, the projected expenditures
qualifying for the credit, and the estimated value of the credits. For loans,
the number of loans made under each section, the interest rate of those loans,
the loan amount, the percent of the projected budget of each production
financed by those loans, and the estimated interest earnings from the loan.
(b)
For credits authorized under section 455 of the Michigan business tax act, 2007
PA 36, MCL 208.1455, for productions completed by December 31, the expenditures
of each production eligible for the credit that has filed a request for
certificate of completion with the film office, broken down into expenditures
for goods, services, or salaries and wages and showing separately expenditures
in each local unit of government, including expenditures for personnel, whether
or not they were made to a Michigan entity, and whether or not they were taxable
under the laws of this state. For loans, the report shall include the number of
loans that have been fully repaid, with principal and interest shown
separately, and the number of loans that are delinquent or in default, and the
amount of principal that is delinquent or is in default.
(c)
For each of the tax credit incentives and loan incentives listed in subsection
(1), a breakdown for each project or production showing each of the following:
(i)
The number of temporary jobs created.
(ii)
The number of permanent jobs created.
(iii)
The number of persons employed in Michigan as a result of the incentive, on a
full-time equated basis.
(3)
For any information not included in the report due to the provisions of section
455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL
208.1455, 208.1457, and 208.1459, the report shall do all of the following:
(a)
Indicate how the information would describe the commercial and financial
operations or intellectual property of the company.
(b)
Attest that the information has not been publicly disseminated at any time.
(c)
Describe how disclosure of the information may put the company at a competitive
disadvantage.
(4)
Any information not disclosed due to the provisions of section 455(6), 457(6),
or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457,
and 208.1459, shall be presented at the lowest level of aggregation that would
no longer describe the commercial and financial operations or intellectual
property of the company.
Sec.
11-1034. As a condition of receiving an award from the fund, each business
incubator or accelerator that received an award from the fund shall maintain
and update a dashboard of indicators to measure the effectiveness of the
business incubator and accelerator programs. Indicators shall include the
direct jobs created, new companies launched as a direct result of business
incubator or accelerator involvement, businesses expanded as a direct result of
business incubator or accelerator involvement, direct investment in client
companies, private equity financing obtained by client companies, grant funding
obtained by client companies, and other measures developed by the recipient
business incubators and accelerators in conjunction with the MEDC. Dashboard
indicators shall be reported for the prior fiscal year and cumulatively, if
available. Each recipient shall submit a copy of their dashboard indicators to
the fund by March 1. The fund shall transmit the local reports to the
chairpersons of the senate and house of representatives standing committees on
appropriations, the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director by March 15.
Sec.
11-1035. From the appropriations in part 1, the Michigan council for arts and
cultural affairs shall administer an arts and cultural grant program that
maintains an equitable geographic distribution of funding and utilizes past
arts and cultural grant programs as a guideline for administering this program.
The council shall do all of the following:
(a)
On or before October 1, the council shall publish proposed application
criteria, instructions, and forms for use by eligible applicants. The council
shall provide at least a 2-week period for public comment before finalizing the
application criteria, instructions, and forms.
(b)
A nonrefundable application fee may be assessed for each application.
Application fees shall be deposited in the council for the arts fund and are
appropriated for expenses necessary to administer the programs. These funds are
available for expenditure when they are received and may be carried forward to
the following fiscal year.
(c)
Grants are to be made to public and private arts and cultural entities.
(d)
Within 1 business day after the award announcements, the council shall provide
to each member of the legislature and the fiscal agencies a list of all grant
recipients and the total award given to each recipient, sorted by county.
(e)
In addition to the information in subdivision (d), the council shall report on
the number of applications received, number of grants awarded, total amount
requested from applications received, and total amount of grants awarded.
Sec.
11-1036. (1) The general fund/general purpose funds appropriated in part 1 to
the fund for business attraction and community revitalization shall be
transferred to the 21st century jobs trust fund per section 90b(3) of the
Michigan strategic fund act, 1984 PA 270, MCL 125.2090b.
(2)
Funds transferred to the 21st century jobs trust fund under subsection (1) are
appropriated and available for allocation as authorized in the Michigan
strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094.
Sec.
11-1042. For the funds appropriated in part 1 for business attraction and
community revitalization, the fund shall report quarterly on the amount of
funds considered appropriated, pre-encumbered, encumbered, and expended. The
report shall also include a listing of all previous appropriations for business
attraction and community revitalization, or a predecessor, that were considered
appropriated, pre-encumbered, encumbered, or expended that have lapsed back to
the fund for any purpose. The report shall be submitted to the chairpersons of
the senate and house of representatives standing committees on appropriations,
the chairpersons of the relevant senate and house of representatives
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director.
Sec.
11-1043. (1) The fund, in conjunction with the department of treasury, shall
report to the chairpersons of the senate and house of representatives standing
committees on appropriations, the relevant senate and house of representatives
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director by November 1 on the annual cost of the MEGA tax credits.
The report shall include for each year the board-approved credit amount,
adjusted for credit amendments where applicable, and the actual and projected
value of tax credits for each year from 1995 to the expiration of the credit
program. For years for which credit claims are complete, the report shall
include the total of actual certificated credit amounts. For years for which
claims are still pending or not yet submitted, the report shall include a
combination of actual credits where available and projected credits. Credit
projections shall be based on updated estimates of employees, wages, and
benefits for eligible companies.
(2)
In addition to the report under subsection (1), the fund, in conjunction with
the department of treasury, shall report to the relevant senate and house of
representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director by November 1 on the annual cost of all
other certificated credits by program, for each year until the credits expire
or can no longer be collected. The report shall include estimates on the
brownfield redevelopment credit, film credits, MEGA photovoltaic technology
credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery
credit, and other certificated credits.
Sec.
11-1044. As a condition of receiving appropriations in part 1, prior to
authorizing the transfer of any previously authorized tax credit that would
increase the liability to this state, the fund, on behalf of the MSF board,
shall notify the chairpersons of the senate and house of representatives standing
committees on appropriations, the chairpersons of the relevant senate and house
of representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director not fewer than 30 days prior to the
authorization of the tax credit transfer.
Sec.
11-1050. (1) From the funds appropriated in part 1 for business attraction and
community revitalization, the fund shall identify specific outcomes and
performance measures, including, but not limited to, the following:
(a)
Total verified jobs created by the business attraction program during the
fiscal year ending September 30, 2022.
(b)
Total private investment obtained through the business attraction and community
revitalization programs during the fiscal year ending September 30, 2022.
(c)
Amount of private and public square footage created and reactivated through the
community revitalization program during the fiscal year ending September 30,
2022.
(2)
The fund must submit a report to the chairpersons of the senate and house of
representatives standing committees on appropriations, the relevant senate and
house of representatives appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director by March 15. The report must
describe the specific outcomes and measures required in subsection (1) and
provide the results and data related to these outcomes and measures for the
prior fiscal year if related information is available for the prior fiscal
year.
Sec.
11-1051. In addition to the funds appropriated in part 1, the funds collected
by state historic preservation programs for document reproduction and services
and application fees are appropriated for all expenses necessary to provide the
required services. These funds are available for expenditure when they are
received and may be carried forward into the succeeding fiscal year.
Sec.
11-1053. Tax capture revenues collected per written agreements under the good
jobs for Michigan program and transferred from the general fund for deposit
into the good jobs for Michigan fund, and for both calculated payments from the
good jobs for Michigan fund to authorized businesses and distributions to the
Michigan strategic fund for administrative expenses, are appropriated pursuant
to the provisions of the Michigan strategic fund act, chapter 8d, MCL 125.2090g
to 125.2090j.
WORKFORCE DEVELOPMENT AND
UNEMPLOYMENT
Sec.
11-1060. The department shall administer the PATH training program in
accordance with the requirements of section 407(d) of title IV of the social
security act, 42 USC 607, the state social welfare act, 1939 PA 280, MCL 400.1
to 400.119b, and all other applicable laws and regulations.
Sec.
11-1061. From the funds appropriated in part 1 for workforce programs
subgrantees, the department may allocate funding for grants to nonprofit
organizations that offer programs pursuant to the workforce innovation and
opportunity act, 29 USC 3101 to 3361, eligible youth focusing on apprenticeship
readiness, pre-apprenticeship and apprenticeship activities, entrepreneurship,
work-readiness skills, job shadowing, and financial literacy. Organizations
eligible for funding under this section must have the capacity to provide
similar programs in urban areas, as determined by the United States Bureau of
the Census according to the most recent federal decennial census. Additionally,
programs eligible for funding under this section must include the participation
of local business partners. The department shall develop other appropriate
eligibility requirements to ensure compliance with applicable federal rules and
regulations.
Sec.
11-1062. The department shall make available, in person or by telephone, 1
disabled veterans outreach program specialist or local veterans employment
representative to Michigan Works! service centers, as resources permit, during
hours of operation, and shall continue to make the appropriate placement of
veterans and disabled veterans a priority.
Sec.
11-1063. (1) In addition to the funds appropriated in part 1, any unencumbered
and unrestricted federal workforce innovation and opportunity act, 29 USC 3101
to 3361, or trade adjustment assistance funds available from prior fiscal years
are appropriated for the purposes originally intended.
(2)
The department shall report by February 15 to the relevant senate and house of
representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director on the amount by fiscal year of federal
workforce innovation and opportunity act, 29 USC 3101 to 3361, funds
appropriated under this section.
Sec.
11-1064. The department shall provide a report on Going Pro expenditures, by
program or grant type, for the prior fiscal year. In addition, the report shall
include projected expenditures, by program or grant type, for the current
fiscal year. The report shall be posted online and distributed to the
chairpersons of the senate and house of representatives standing committees on
appropriations, the chairpersons of the relevant senate and house of
representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director by March 15.
Sec.
11-1065. The department shall publish data and reports on March 15 and
September 30 on the department website concerning the status of career
technology and Going Pro funded in part 1. The report shall include the
following:
(a)
The number of awardees participating in the program and the names of those
awardees organized by major industry group.
(b)
The amount of funding received by each awardee under the program.
(c)
Amount of funding leveraged from each awardee.
(d)
Training models established by each awardee.
(e)
The number of individuals enrolled in classroom training, on-the-job training,
or new USDOL registered apprentices.
(f)
The number of qualified employees who completed the approved training.
(g)
The number of applications received and the number of grants awarded for each
region.
(h)
The number of individuals hired and trained.
(i)
The department shall expand workforce training and reemployment services to
better connect workers to in-demand jobs and identify specific outcomes with
performance metrics for this initiative, including, but not limited to, new
apprenticeships, individuals to be hired and trained, current employees
trained, training completed, and employment retention rate at 6 months, and
hourly wage at 6 months.
Sec.
11-1066. To the extent consistent with MCL 408.157 and MCL 408.159, the
department shall administer the Going Pro program as follows:
(a)
The department shall work cooperatively with grantees to maximize the amount of
funds from part 1 that are available for direct training.
(b)
The department, workforce development partners, including regional Michigan
Works! agencies, and employers shall collaborate and work cooperatively to
prioritize and streamline the expenditure of the funds appropriated in part 1.
The department shall ensure that Going Pro provides a collaborative statewide
network of workforce and employee skill development partners that addresses the
employee talent needs throughout the state.
(c)
The department shall ensure that grants are utilized for individual skill
enhancement and to address in-demand talent needs in Michigan.
(d)
The department shall develop program goals and detailed guidance for
prospective participants to follow to qualify under the program. The program
goals and detailed guidance shall be posted on the department website and
distributed to workforce development partners, including local Michigan Works!
agencies, by October 1. Periodic assessments of employer and employee needs
shall be evaluated on a regional basis, and the department shall identify
solutions and goals to be implemented to satisfy those needs. Revenue received
by the department for Going Pro may be expended for the purpose of those
programs.
(e)
Up to $5,000,000.00 of the funds may be expended to match federal funds to
improve and increase the skill level of employees in skilled trades and
manufacturing processes within the changing manufacturing environment.
(f)
Up to $250,000.00 of the funds shall be awarded to a national, nonprofit
program that connects National Guard, reserve, retired, and transitioning
active-duty military service members with skilled training and quality career
opportunities in the construction industry. Grant funding must be used to
recruit and assist veterans to transition into apprenticeship programs in this
state.
Sec.
11-1068. (1) Of the funds appropriated in part 1 for the workforce training programs,
the department shall provide a report by March 15 to the relevant senate and
house of representatives appropriation subcommittees, the state budget
director, and the senate and house fiscal agencies on the status of the
workforce training programs. The report shall include the following:
(a)
The amount of funding allocated to each Michigan Works! agency and the total
funding allocated to the workforce training programs statewide by fund source.
(b)
The number of participants enrolled in education or training programs by each
Michigan Works! agency.
(c)
The average duration of training for training program participants by each
Michigan Works! agency.
(d)
The number of participants enrolled in remedial education programs and the
number of participants enrolled in literacy programs.
(e)
The number of participants enrolled in programs at 2-year institutions.
(f)
The number of participants enrolled in programs at 4-year institutions.
(g)
The number of participants enrolled in proprietary schools or other technical
training programs.
(h)
The number of participants that have completed education or training programs.
(i)
The number of participants who secured employment in Michigan within 1 year of
completing a training program.
(j)
The number of participants who completed a training program and secured
employment in a field related to their training.
(k)
The average wage earned by participants who completed a training program and
secured employment within 1 year.
(l)
The actual revenues received by the fund source and fund appropriated for each
discrete workforce development program area.
(2)
Data collection for the report shall be for the prior state fiscal year.
Sec.
11-1069. (1) Funds appropriated in part 1 for workforce development programs
may be used for employment and training-related services and to assist Healthy
Michigan plan recipients to secure and maintain training and employment. The
department shall work with the department of health and human services to
coordinate with and complement existing employment-related services for Healthy
Michigan plan recipients.
(2)
Funds appropriated in part 1 for workforce development programs may also be
used to hire additional department field staff to educate impacted Healthy
Michigan plan recipients on requirements and available services, make
referrals, assess and address barriers to employment, and manage other
caseload-related impacts resulting from the implementation of sections 107a and
107b of the social welfare act, 1939 PA 280, MCL 400.107a and 400.107b.
Sec.
11-1073. From the funds appropriated in part 1 for the statewide
pre-apprenticeship program, $3,000,000.00 shall be awarded to a non-profit
501(c)(3) corporation with demonstrated effectiveness in the administration of
an apprenticeship readiness program that increases the state's building trades
and construction talent pool. The demonstrated effectiveness must include prior
experience in administering programs in multiple regions in Michigan. The
apprenticeship readiness program shall enroll Michigan residents into
pre-apprenticeship training that will assist them in achieving employment in
the expanding building trades and construction industry. The program shall
prioritize pre-apprenticeship training in economically distressed communities
and target residents from underrepresented populations, including but not
limited to unemployed, underemployed, low-income, minorities, and women,
providing them with the skills needed for immediate entry into federally
registered apprenticeship programs with contractors in the building trades and
construction industry.
Sec.
11-1075. (1) From the funds appropriated in part 1, the department, on behalf
of the unemployment insurance agency, shall provide a quarterly report to the
members of the senate and house committees on appropriations, the senate and
house fiscal agencies, and the state budget director that includes, but is not
limited to, the following:
(a)
The 4-week average number of unique claimants.
(b)
The 4-week average number of eligible claimants with certification.
(c)
The 4-week average number of claims paid.
(d)
The total amount of standard unemployment insurance payments paid for the
month.
(e)
The total amount of unemployment insurance tax generated for the quarter.
(f)
The balance of the Michigan unemployment trust fund at the end of the quarter.
(2)
The department shall include the same information required in subsection (1)
for the previous 12 months. The department shall include the most recent quarterly
report on the department's webpage.
Sec.
11-1076. The department shall provide a quarterly report to the members of the
senate and house committees on appropriations, the senate and house fiscal
agencies, and the state budget director that includes, but is not limited to,
the following:
(a)
The number of new fraudulent and noncompliant cases that have been identified
or issued by the unemployment insurance agency, classified by employer or
claimant, during the quarter.
(b)
The total amount of penalties and interest issued on fraudulent and
noncompliant cases during the quarter.
(c)
The total amount of penalties and interest dollars received during the quarter
by employer or claimant.
(d)
The total amount of penalties and interest still owed to the state by employer
or claimant.
(e)
The number of fraudulent and noncompliant cases that have been appealed by an
employer or claimant during the quarter.
Sec.
11-1077. Funds earned or authorized by the USDOL in excess of the gross
appropriation in part 1 for the unemployment insurance agency from the USDOL
are appropriated and may be expended for staffing and related expenses incurred
in the operation of its programs. These funds may be spent after the department
notifies the state budget director and the relevant subcommittees of the
purpose and amount of each grant award.
Sec.
11-1078. (1) From the funds appropriated in part 1 for the unemployment
insurance agency, the department shall maintain customer service standards for
employers and claimants making use of the various means by which they can
access the system.
(2)
The department shall identify specific outcomes and performance metrics for
this initiative, including, but not limited to, the following:
(a)
Unemployment benefit fund balance.
(b)
Process improvement - fiscal integrity.
(c)
Process improvement - determination timeliness.
(d)
Process improvement - determination quality.
REHABILITATION SERVICES
Sec.
11-1081. The Michigan rehabilitation services and bureau of services for blind
persons shall work collaboratively with service organizations and government
entities to identify allowable match dollars to secure available federal
vocational rehabilitation funds.
Sec.
11-1083. (1) From the funds appropriated in part 1 for Michigan rehabilitation
services, the department may allocate funding and available federal match to
support the provision of vocational rehabilitation services to eligible
agricultural workers with disabilities. Authorized services shall assist
agricultural workers with disabilities in acquiring or maintaining quality
employment and independence.
(2)
By March 1 of the current fiscal year, the department shall report to 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 director on the total number of clients served and the total
amount of federal matching funds obtained throughout the duration of the
program.
Sec.
11-1084. If the department is at risk of entering into an order of selection
for services, the department shall notify the chairs of the senate and house
appropriations subcommittees on the department budget and the senate and house
fiscal agencies and policy offices within 2 weeks of receiving notification.
Sec.
11-1086. (1) Funds appropriated in part 1 for independent living shall be used
to support the general operations of centers for independent living in
delivering mandated independent living services in compliance with federal
rules and regulations for the centers, by existing centers for independent
living to serve underserved areas, and for projects to build the capacity of
centers for independent living to deliver independent living services.
Applications for the funds shall be reviewed in accordance with criteria and
procedures established by the department. Funds shall be used in a manner
consistent with the state plan for independent living. Services provided should
assist people with disabilities to move toward self-sufficiency, including
support for accessing transportation and health care, obtaining employment,
community living, nursing home transition, information and referral services,
education, youth transition services, veterans, and stigma reduction activities
and community education. This includes the independent living guide services
that specifically focus on economic self-sufficiency. The funds appropriated in
part 1 may be used to leverage federal vocational rehabilitation funds, if
available. If the possibility of matching federal funds exists, the centers for
independent living network will negotiate a cooperative agreement with Michigan
rehabilitation services.
(2)
In partnership with service providers, the department shall provide a report by
March 1 of the current fiscal year to the relevant subcommittees, the house and
senate appropriations committees, the house and senate fiscal agencies, the
house and senate policy offices, and the state budget director on direct
customer and system outcomes and performance measures.
Sec.
11-1087. (1) The appropriation in part 1 for the bureau of services for blind
persons includes funds for case services. These funds may be used for tuition
payments for blind clients.
(2)
Revenue collected by the bureau of services for blind persons and from private
and local sources that is unexpended at the end of the fiscal year may carry
forward to the subsequent fiscal year.
Sec.
11-1088. The bureau of services for blind persons may provide and enter into
agreements to provide general services, training, meetings, information,
special equipment, software, facility use, and technical consulting services to
other principal executive departments, state agencies, local units of
government, the judicial branch of government, other organizations, and patrons
of department facilities. The department may charge fees for these services
that are reasonably related to the cost of providing the services. In addition
to the funds appropriated in part 1, funds collected by the department for
these services are appropriated for all expenses necessary. The funds
appropriated under this section are allotted for expenditure when they are
received by the department of treasury.
Sec.
11-1089. (1) The funds appropriated in part 1 for a regional or subregional
library shall not be released until a budget for that regional or subregional
library has been approved by the department for expenditures for library
services directly serving the blind and persons with disabilities.
(2)
In order to receive subregional state aid as appropriated in part 1, a regional
or subregional library's fiscal agency shall agree to maintain local funding
support at the same level in the current fiscal year as in the fiscal agency's
preceding fiscal year. If a reduction in expenditures equally affects all
agencies in a local unit of government that is the regional or subregional
library's fiscal agency, that reduction shall not be interpreted as a reduction
in local support and shall not disqualify a regional or subregional library
from receiving state aid under part 1. If a reduction in income affects a
library cooperative or district library that is a regional or subregional
library's fiscal agency or a reduction in expenditures for the regional or
subregional library's fiscal agency, a reduction in expenditures for the
regional or subregional library shall not be interpreted as a reduction in
local support and shall not disqualify a regional or subregional library from
receiving state aid under part 1.
COMMISSIONS
Sec.
11-1090. The office of global Michigan is to coordinate with the Asian Pacific
American affairs commission, the Commission on Middle Eastern American affairs,
and the Hispanic/Latino commission of Michigan to produce a report by January
31 that is to be transmitted to the senate and house subcommittee chairpersons
of the relevant subcommittees, the senate and house appropriations committees,
the senate and house fiscal agencies, and the state budget director. The report
shall include, but is not limited to, the following:
(a)
Total number of people with whom each commission directly interacts through
programming.
(b)
Total number of public events that each commission conducted.
(c)
Description of the activities that the commissions initiated to promote
cooperation between the commissions.
(d)
Total number of meetings that each commission held with foreign diplomats.
(e)
Programmatic costs of each commission.
Sec.
11-1092. The office of global Michigan must produce a report by January 31 and transmit
the report to the subcommittees, the senate and house fiscal agencies, and the
state budget director. The report may include other information, but it must
include all of the following:
(a)
The number of refugee arrivals actively receiving services under the office of
global Michigan grants, the job placement rate of those receiving services, and
the average wage of initial job placements for those individuals.
(b)
The number of program/partner referrals conducted through the Michigan
International Talent Solutions (MITS) program.
(c)
A description of the activities that the office has conducted to attract and
retain international, advanced degree, and entrepreneurial talent.
ONE-TIME APPROPRIATIONS
Sec.
11-1093. From the funds appropriated in part 1 for the Michigan housing and
community development program, $10,000,000.00 shall be deposited into the
Michigan housing and community development fund created under sec. 58a of the
state housing development authority act, 1966 PA 346, MCL 125.1458a. All funds
in the Michigan housing and community development fund are appropriated and
available for expenditure pursuant to sec. 58b of the state housing development
authority act, 1966 PA 346, MCL 125.1458b.
Sec.
11-1094. From the funds appropriated in part 1 for Focus: HOPE, $1,000,000.00
may be awarded to Focus: HOPE for education and workforce development
programming, early childhood education, youth development, food assistance, or
community empowerment and advocacy.
Sec.
11-1095. From the funds appropriated in part 1 for the child care facilitator
pilot project, $2,200,000.00 shall be awarded for the child care facilitator
pilot project funded in Sec. 1047(31) of 2020 PA 166. The continuation of this
pilot project shall be administered by the department in consultation with the
Michigan department of education.
Sec.
11-1096. (1) The funds appropriated in part 1 for the mobility futures
initiative shall support a multi-agency effort to invest in the rapidly
evolving industries, infrastructure, and workforce opportunities available in
the mobility sphere in order to position Michigan as a global leader in
mobility and electrification. The department's office of future mobility and
electrification, created through Executive Directive 2020-1, shall coordinate
these initiatives in cooperation with the departments of environment, Great
Lakes and energy, and transportation.
(2)
The funds shall be allocated in the following manner:
(a)
A total of $15,000,000.00 to the department for long-term strategic planning,
innovative technology deployment, electric charging infrastructure, new
economic sector development, and workforce training and credentialing in
emerging industries.
(b)
A total of $8,000,000.00 to the department of environment, Great Lakes, and
energy for the deployment of electric charging infrastructure and vehicle fleet
conversion.
(c)
A total of $2,000,000.00 to the department of transportation for the
development of on-demand service pilots in underserved areas to improve regional
mobility and address systemic inequity.
(3)
The department shall report to the senate and house appropriations
subcommittees for each of the three departments, the state budget director, and
the senate and house fiscal agencies by September 30, 2022 on the status of the
initiatives and objectives achieved.
Sec.
11-1097. From the funds appropriated in part 1 for reconnect and futures for
frontliners wraparound services, $6,000,000.00 shall be expended by the
department to provide childcare, broadband access, transportation, or other
services to individuals enrolled in Michigan reconnect or futures for
frontliners, to support continued efforts to remove barriers to employment and
improve student success.
Sec.
11-1098. (1) From the funds appropriated in part 1 for child savings accounts,
funds shall be expended in partnership with philanthropic and nonprofit
organizations to support the recommendation of the Michigan poverty task force
to support child savings accounts.
(2)
Not more than $1,000,000.00 shall be expended for grants to organizations that
can demonstrate the ability to effectively deploy funds to build child savings
account programs to improve financial literacy, boost educational attainment
for low-income children, and support wealth building in low-income families.
(3)
Not more than $1,000,000.00 shall be expended to support pilot programs, where
funds may be used as matching grants for family contributions or to match
philanthropic or community donations to child savings accounts. One award of
$500,000.00 shall be made to a pilot program serving a rural community, and one
award of $500,000.00 shall be made to a pilot program serving an urban
community.
Sec.
11-1099. From the funds appropriated in part 1 for poverty task force -
research and planning, funds shall be expended to implement recommendations of
the Michigan poverty task force, including conducting research and planning
related to the effectiveness of state benefits programs including, but not
limited to, the following:
(a)
A comprehensive study of the effectiveness of the state's use of federal
temporary assistance to needy families funding.
(b)
An evaluation of barriers to state assistance programs including application
processes and waiting periods.
(c)
A coordinated plan to help communities address the digital divide which acts as
a barrier for families in accessing available economic, educational, health,
housing, and safety services.
Sec.
11-1100. (1) The funds appropriated in part 1 for the Michigan reconnect grant
program shall be distributed pursuant to the Michigan reconnect grant act, 2020
PA 84. In compliance with 2020 PA 84, MCL 390.1705, the funds appropriated in
part 1 shall be expended to award grants, administer the program, and support
the duties outlined in MCL 390.1705.
(2)
The unexpended funds appropriated in part 1 for the Michigan reconnect grant
program are designated as a work project appropriation. Any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until the projects
have 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 work project is to support the costs of the Michigan
reconnect grant program.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of the work project is $120,000,000.00.
(d)
The tentative completion date is September 30, 2026.
Sec.
11-1101. (1) The funds appropriated in part 1 for futures for frontliners shall
be used for last-dollar tuition costs, mandatory fees, and contact hours at
community colleges for Michigan residents that are eligible frontline workers.
The department shall develop specific eligibility criteria and program
guidelines, which shall be posted on a publicly available website.
(2)
The funds appropriated in part 1 shall be expended to expand the eligible
population for futures for frontliners to include individuals who became newly
unemployed between November 1, 2020 and January 31, 2021 in industries
disproportionately impacted by COVID-19. The department shall develop and post
to its website specific eligibility criteria for qualification under this
expansion.
(3)
The unexpended funds appropriated in part 1 for futures for frontliners are
designated as a work project appropriation. Any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditures for projects under this section until the projects have 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 work project is to support the costs of the futures for
frontliners program.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of the work project is $39,100,000.00.
(d)
The tentative completion date is September 30, 2026.
Article 12
LEGISLATURE
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
12-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the legislature are appropriated for the fiscal year ending
September 30, 2022, and are anticipated to be appropriated for the fiscal year
ending September 30, 2023, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
LEGISLATURE
APPROPRIATION
SUMMARY
GROSS APPROPRIATION...................................... $ 210,057,800 $ 205,057,800
Total interdepartmental grants and
interdepartmental
transfers.............................................. 6,345,200 6,345,200
ADJUSTED GROSS APPROPRIATION............................ $ 203,712,600 $ 198,712,600
Total federal revenues................................... 0 0
Total local revenues..................................... 0 0
Total private revenues................................... 406,000 406,000
Total other state restricted revenues................... 6,877,300 6,877,300
State general fund/general purpose...................... $ 196,429,300 $ 191,429,300
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 191,429,300 191,429,300
One-time state general fund/general purpose.......... 5,000,000 0
Sec. 12-102. LEGISLATURE
Senate................................................... $ 43,286,600 $ 43,286,600
Senate automated data processing........................ 2,772,600 2,772,600
Senate fiscal agency..................................... 4,111,200 4,111,200
House of representatives................................. 63,843,700 63,843,700
House automated data processing......................... 2,772,600 2,772,600
House fiscal agency...................................... 4,111,200 4,111,200
GROSS APPROPRIATION...................................... $ 120,897,900 $ 120,897,900
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 120,897,900 $ 120,897,900
Sec. 12-103. LEGISLATIVE COUNCIL
Independent citizens redistricting commission........... $ 3,108,900 $ 3,108,900
Legislative corrections ombudsman....................... 1,022,000 1,022,000
Legislative council...................................... 14,467,300 14,467,300
Legislative information technology systems
design
project................................................ 776,500 776,500
Legislative service bureau automated data
processing.... 1,802,100 1,802,100
Michigan veterans facility ombudsman.................... 319,900 319,900
National association dues................................ 610,800 610,800
Worker's compensation.................................... 153,700 153,700
GROSS APPROPRIATION...................................... $ 22,261,200 $ 22,261,200
Appropriated from:
Special revenue funds:
Private revenues......................................... 406,000 406,000
State general fund/general purpose...................... $ 21,855,200 $ 21,855,200
Sec. 12-104. LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses.......................... $ 5,451,200 $ 5,451,200
GROSS APPROPRIATION...................................... $ 5,451,200 $ 5,451,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 1,268,500 1,268,500
State general fund/general purpose...................... $ 4,182,700 $ 4,182,700
Sec. 12-105. PROPERTY MANAGEMENT
Binsfeld Office Building................................. $ 8,562,800 $ 8,562,800
Cora Anderson building................................... 12,550,600 12,550,600
GROSS APPROPRIATION...................................... $ 21,113,400 $ 21,113,400
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 21,113,400 $ 21,113,400
Sec. 12-106. STATE CAPITOL HISTORIC SITE
Bond/lease obligations................................... $ 100 $ 100
General operations....................................... 4,781,100 4,781,100
Restoration, renewal, and maintenance................... 3,438,300 3,438,300
GROSS APPROPRIATION...................................... $ 8,219,500 $ 8,219,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 3,438,300 3,438,300
State general fund/general purpose...................... $ 4,781,200 $ 4,781,200
Sec. 12-108. OFFICE OF THE AUDITOR GENERAL
Unclassified salaries.................................... $ 376,300 $ 376,300
Field operations......................................... 26,738,300 26,738,300
GROSS APPROPRIATION...................................... $ 27,114,600 $ 27,114,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human
services........ 34,000 34,000
IDG from department of labor and economic
opportunity... 418,100 418,100
IDG from department of licensing and
regulatory
affairs................................................ 106,600 106,600
IDG from department of military and veterans
affairs.... 54,400 54,400
IDG from department of state police..................... 45,400 45,400
IDG from department of technology, management
and
budget................................................. 866,800 866,800
IDG from department of transportation................... 1,240,700 1,240,700
IDG from department of treasury......................... 321,900 321,900
IDG from other restricted funding....................... 3,257,300 3,257,300
Special revenue funds:
21st century jobs fund................................... 106,900 106,900
Other state restricted revenues......................... 2,063,600 2,063,600
State general fund/general purpose...................... $ 18,598,900 $ 18,598,900
Sec. 12-109. ONE-TIME APPROPRIATIONS
Capitol security improvements........................... $ 5,000,000 $ 0
GROSS APPROPRIATION...................................... $ 5,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 5,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL SECTIONS
Sec.
12-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $203,306,600.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $0.00.
Sec.
12-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
12-203. As used in this part and part 1:
(a)
"FTE" means full-time equated.
(b)
"IDG" means interdepartmental grant.
Sec.
12-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2022 are $28,091,700.00.
From this amount, total agency appropriations for pension-related legacy costs
are estimated at $15,738,400.00. Total agency appropriations for retiree health
care legacy costs are estimated at $12,353,300.00.
LEGISLATURE
Sec.
12-600. The senate, the house of representatives, or an agency within the
legislative branch may receive, expend, and transfer funds in addition to those
authorized in part 1.
Sec.
12-601. (1) Funds appropriated in part 1 to an entity within the legislative
branch shall not be expended or transferred to another account without written
approval of the authorized agent of the legislative entity. If the authorized
agent of the legislative entity notifies the state budget director of its
approval of an expenditure or transfer before the year-end book-closing date
for that legislative entity, the state budget director shall immediately make
the expenditure or transfer. The authorized legislative entity agency shall be
designated by the speaker of the house of representatives for house entities,
the senate majority leader for senate entities, and the legislative council for
legislative council entities.
(2)
Funds appropriated within the legislative branch, to a legislative council
component, shall not be expended by any agency or other subgroup included in
that component without the approval of the legislative council.
Sec.
12-602. The senate may charge rent and assess charges for utility costs. The
amounts received for rent charges and utility assessments are appropriated to
the senate for the renovation, operation, and maintenance of the Senate Office
Building and other properties.
Sec.
12-603. (1) From the appropriation contained in part 1 for national association
dues, the first $34,800.00 shall be paid to the National Conference of
Commissioners of Uniform State Laws. The remaining funds shall be distributed
accordingly by the legislative council.
(2)
If any funds remain after all required dues payments have been made as
specified in subsection (1), the Legislative Council may approve the use of up
to $10,000.00 to pay for the registration fees of any state employees who serve
as board members to any of the national associations receiving state funds for
annual dues to attend that national association's annual conference. If any of
the $10,000.00 remains after national board member's registration fees are
paid, the remaining funds may be used to pay for the registration fees for any
other state employees to attend the annual conference of any of the national
associations receiving state funds for annual dues as prescribed in subsection
(1).
Sec.
12-604. (1) The appropriation in part 1 to the Michigan state capitol historic
site includes funds to operate the legislative parking facilities in the
capitol area. The Michigan state capitol commission shall establish rules
regarding the operation of the legislative parking facilities.
(2)
The Michigan state capitol commission shall collect a fee from state employees
and the general public using certain legislative parking facilities. The
revenues received from the parking fees are appropriated upon receipt and shall
be allocated by the Michigan state capitol commission.
Sec.
12-605. The unexpended funds appropriated in part 1 for the legislative council
are designated as a work project appropriation, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until the projects
have 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 publication of the Michigan manual.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of the project is $3,000,000.00.
(d)
The tentative completion date is September 30, 2026.
Sec.
12-606. The unexpended funds appropriated in part 1 for property management are
designated as a work project appropriation, and any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditures for projects under this section until the projects have 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 purchase equipment and services for building
maintenance in order to ensure a safe and productive work environment.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of the project is $2,000,000.00.
(d)
The tentative completion date is September 30, 2026.
Sec.
12-607. The unexpended funds appropriated in part 1 for automated data
processing are designated as a work project appropriation, and any unencumbered
or unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until the projects
have 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 purchase equipment, software, and services in
order to support and implement data processing requirements and technology
improvements.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of the project is $3,000,000.00.
(d)
The tentative completion date is September 30, 2026.
Sec.
12-608. In addition to funds appropriated in part 1, the Michigan capitol
committee publications save the flags fund account may accept contributions,
gifts, bequests, devises, grants, and donations. Those funds that are not
expended in the fiscal year ending September 30 shall not lapse at the close of
the fiscal year and shall be carried forward for expenditure in the following
fiscal years.
Sec.
12-616. From the funds appropriated in part 1, the council administrator shall
assist in administering compensation, benefits, and other personnel support,
subject to the legislative council act, 1986 PA 268, MCL 4.1101 to 4.1901, for
the members, employees, staff, and consultants of the independent citizens
redistricting commission.
Sec.
12-617. From the funds appropriated in part 1, on a quarterly basis, the
independent citizens redistricting commission shall issue a report to the
senate and house appropriations subcommittees on general government, the senate
and house fiscal agencies, and the state budget director that provides a
detailed listing of expenditures related to independent citizens redistricting
commission activities. In addition to providing a listing of expenditures, the
report must also include a detailed description of activities undertaken to
fulfill the independent citizens redistricting commission's constitutional
responsibilities.
Sec.
12-618. From the funds appropriated in part 1 for capitol security
improvements, the legislative council shall provide the security staffing;
infrastructure improvements; and equipment, including but not limited to, x-ray
machines, magnetometers, and video and audio equipment necessary to implement a
weapons ban, including a ban on concealed pistols under the firearms act, 1927
PA 372, in any building or portion of a building under the control of the
Michigan state capitol commission.
LEGISLATIVE AUDITOR GENERAL
Sec.
12-620. Pursuant to section 53 of article IV of the state constitution of 1963,
the auditor general shall conduct audits of the executive, judicial, and
legislative branches.
Sec.
12-621. (1) The auditor general shall take all reasonable steps to ensure that
certified minority- and women-owned and operated accounting firms, and
accounting firms owned and operated by persons with disabilities participate in
the audits of the books, accounts, and financial affairs of each principal
executive department, branch, institution, agency, and office of this state.
(2)
The auditor general shall strongly encourage firms with which the auditor
general contracts to perform audits of the principal executive departments and
state agencies to subcontract with certified minority- and women-owned and
operated accounting firms, and accounting firms owned and operated by persons
with disabilities.
(3)
The auditor general shall compile an annual report regarding the number of
contracts entered into with certified minority- and women-owned and operated
accounting firms, and accounting firms owned and operated by persons with
disabilities. The auditor general shall deliver the report to the state budget
director and the senate and house of representatives standing committees on
appropriations subcommittees on general government by November 1 of each year.
Sec.
12-622. From the funds appropriated in part 1 to the legislative auditor general,
the auditor general's salary and the salaries of the remaining 2.0 FTE
unclassified positions shall be set by the speaker of the house of
representatives, the senate majority leader, the house of representatives
minority leader, and the senate minority leader.
Sec.
12-623. Any audits, reviews, or investigations requested of the auditor general
by the legislature or by legislative leadership, legislative committees, or
individual legislators shall include an estimate of the additional costs
involved and, when those costs exceed $50,000.00, should provide supplemental
funding. The auditor general shall determine whether to perform those
activities in keeping with Operations Manual Policy No. 2-26, which describes
the office of the auditor general's policy on responding to legislative
requests.
Sec.
12-624. If the auditor general conducts a subsequent audit pursuant to section
229 of this part, the auditor general may charge fees and collect revenues in
excess of appropriations in part 1 not to exceed the cost of any audit
conducted pursuant to section 229 of this part. Any revenues and fees collected
pursuant to this section are appropriated for expenditure for all expenses
associated with an audit conducted pursuant to section 229 of this part.
Sec.
12-627. The unexpended funds appropriated in part 1 for field operations are
designated as a work project appropriation, and any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditures for projects under this section until the projects have 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 conduct the state of Michigan comprehensive annual
financial report.
(b)
The project will be accomplished by utilizing state employees.
(c)
The total estimated cost of the project is $3,000,000.00.
(d)
The tentative completion date is September 30, 2026.
Article 13
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
13-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of licensing and regulatory affairs are
appropriated for the fiscal year ending September 30, 2022, and are anticipated
to be appropriated for the fiscal year ending September 30, 2023, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 30.0 30.0
Full-time equated classified positions................ 1,827.9 1,827.9
GROSS APPROPRIATION...................................... $ 519,486,400 $ 512,386,400
Total interdepartmental grants and
interdepartmental
transfers.............................................. 45,079,800 45,079,800
ADJUSTED GROSS APPROPRIATION............................ $ 474,406,600 $ 467,306,600
Total federal revenues................................... 29,030,900 29,030,900
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues................... 259,429,800 259,429,800
State general fund/general purpose...................... $ 185,945,900 $ 178,845,900
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 178,845,900 178,845,900
One-time state general fund/general purpose.......... 7,100,000 0
Sec. 13-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 30.0 30.0
Full-time equated classified positions.............. . 100.0 100.0
Unclassified salaries-30.0 FTE positions................ $ 2,649,500 $ 2,649,500
Administrative services-73.0 FTE positions.............. 8,594,600 8,594,600
Executive director programs-24.0 FTE positions.......... 2,886,900 2,886,900
FOIA coordination-3.0 FTE positions..................... 329,900 329,900
Property management...................................... 8,263,000 8,263,000
Worker's compensation.................................... 124,900 124,900
GROSS APPROPRIATION...................................... $ 22,848,800 $ 22,848,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of insurance and financial
services............................................... 150,000 150,000
Federal revenues:
Other federal revenues................................... 1,040,900 1,040,900
Special revenue funds:
Other state restricted revenues......................... 21,386,400 21,386,400
State general fund/general purpose...................... $ 271,500 $ 271,500
Sec. 13-103. PUBLIC SERVICE COMMISSION
Full-time equated classified positions................ 188.0 188.0
Public service commission-188.0 FTE positions........... $ 33,215,100 $ 33,215,100
GROSS APPROPRIATION...................................... $ 33,215,100 $ 33,215,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,625,800 2,625,800
Special revenue funds:
Other state restricted revenues......................... 30,589,300 30,589,300
State general fund/general purpose...................... $ 0 $ 0
Sec. 13-104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions................ 145.0 145.0
Liquor licensing and enforcement-116.0 FTE
positions.... $ 16,492,000 $ 16,492,000
Management support services-29.0 FTE positions.......... 4,675,200 4,675,200
GROSS APPROPRIATION...................................... $ 21,167,200 $ 21,167,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 21,167,200 21,167,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 13-105. OCCUPATIONAL REGULATION
Full-time equated classified positions................ 1,166.9 1,166.9
Adult foster care and camps licensing and
regulation-
96.0 FTE positions..................................... $ 13,423,300 $ 13,423,300
Bureau of community and health systems
administration-
20.0 FTE positions..................................... 4,069,000 4,069,000
Bureau of construction codes-182.0 FTE
positions........ 23,882,200 23,882,200
Bureau of fire services-79.0 FTE positions.............. 12,455,000 12,455,000
Bureau of professional licensing-205.0 FTE
positions.... 40,564,600 40,564,600
Childcare licensing and regulation-117.0 FTE
positions.. 18,552,100 18,552,100
Corporations, securities, and commercial
licensing
bureau-109.0 FTE positions............................. 15,204,400 15,204,400
Health facilities regulation-192.9 FTE
positions........ 31,054,900 31,054,900
Marihuana social equity program......................... 500,000 500,000
Marihuana treatment research............................ 20,000,000 20,000,000
Medical marihuana facilities licensing and
tracking-
99.0 FTE positions..................................... 11,641,700 11,641,700
Medical marihuana program-25.0 FTE positions............ 5,141,700 5,141,700
Nurse aide program-8.0 FTE positions.................... 1,755,500 1,755,500
Recreational marihuana regulation-34.0 FTE
positions.... 7,351,800 7,351,800
GROSS APPROPRIATION...................................... $ 205,596,200 $ 205,596,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 19,729,300 19,729,300
Federal revenues:
Other federal revenues................................... 24,276,900 24,276,900
Special revenue funds:
Other state restricted revenues......................... 136,270,900 136,270,900
State general fund/general purpose...................... $ 25,319,100 $ 25,319,100
Sec. 13-106. MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS
AND RULES
Full-time equated classified positions................ 212.0 212.0
Michigan office of administrative hearings and
rules-
212.0 FTE positions.................................... $ 37,236,200 $ 37,236,200
GROSS APPROPRIATION...................................... $ 37,236,200 $ 37,236,200
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 25,200,500 25,200,500
Special revenue funds:
Other state restricted revenues......................... 11,356,400 11,356,400
State general fund/general purpose...................... $ 679,300 $ 679,300
Sec. 13-107. COMMISSIONS
Full-time equated classified positions................ 16.0 16.0
Michigan indigent defense commission-16.0 FTE
positions.............................................. $ 2,699,400 $ 2,699,400
Michigan unarmed combat commission...................... 126,200 126,200
GROSS APPROPRIATION...................................... $ 2,825,600 $ 2,825,600
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 126,200 126,200
State general fund/general purpose...................... $ 2,699,400 $ 2,699,400
Sec. 13-108. GRANTS
Firefighter training grants.............................. $ 2,300,000 $ 2,300,000
Liquor law enforcement grants........................... 8,400,000 8,400,000
Medical marihuana operation and oversight
grants........ 3,000,000 3,000,000
Michigan indigent defense commission grants............. 148,917,400 148,917,400
Remonumentation grants................................... 6,800,000 6,800,000
Utility consumer representation......................... 750,000 750,000
GROSS APPROPRIATION...................................... $ 170,167,400 $ 170,167,400
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 21,550,000 21,550,000
State general fund/general purpose...................... $ 148,617,400 $ 148,617,400
Sec. 13-109. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 19,329,900 $ 19,329,900
GROSS APPROPRIATION...................................... $ 19,329,900 $ 19,329,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,087,300 1,087,300
Special revenue funds:
Other state restricted revenues......................... 16,983,400 16,983,400
State general fund/general purpose...................... $ 1,259,200 $ 1,259,200
Sec. 13-110. ONE-TIME APPROPRIATIONS
Michigan saves........................................... $ 5,000,000 $ 0
Nursing facility infection control surveys.............. 1,100,000 0
Urban search and rescue.................................. 1,000,000 0
GROSS APPROPRIATION...................................... $ 7,100,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 7,100,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
13-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $445,375,700.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $169,417,400.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Firefighter training grants............................................ $ 2,300,000
Liquor law enforcement grants.......................................... 8,400,000
Medical marihuana operation and oversight
grants...................... 3,000,000
Michigan indigent defense commission grants............................ 148,917,400
Remonumentation grants................................................. 6,800,000
TOTAL.................................................................... $ 169,417,400
Sec.
13-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
13-203. As used in this article:
(a)
"Department" means the department of licensing and regulatory
affairs.
(b)
"Director" means the director of the department.
(c)
"FOIA" means the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(d)
"FTE" means full-time equated.
(e)
"IDG" means interdepartmental grant.
Sec.
13-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
13-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
13-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
13-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
13-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
13-209. 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 and the senate and house fiscal agencies.
Sec.
13-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $25,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
13-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
13-212. 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 senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2021 and September 30,
2022.
Sec.
13-213. 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.
13-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2022 are estimated at
$41,260,100.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $23,116,100.00. Total agency
appropriations for retiree health care legacy costs are estimated at $18,144,000.00.
Sec.
13-221. The department may carry into the succeeding fiscal year unexpended
federal pass-through funds to local institutions and governments that do not
require additional state matching funds. Federal pass-through funds to local
institutions and governments that are received in amounts in addition to those
included in part 1 and that do not require additional state matching funds are
appropriated for the purposes intended. Within 14 days after the receipt of
federal pass-through funds, the department shall notify the house and senate
chairpersons of the subcommittees, the senate and house fiscal agencies, and
the state budget director of pass-through funds appropriated under this
section.
Sec.
13-222. (1) Grants supported with private revenues received by the department
are appropriated upon receipt and are available for expenditure by the
department, subject to subsection (3), for purposes specified within the grant
agreement and as permitted under state and federal law.
(2)
Within 10 days after the receipt of a private grant appropriated in subsection
(1), the department shall notify the house and senate chairpersons of the
subcommittees, the senate and house fiscal agencies, and the state budget
director of the receipt of the grant, including the fund source, purpose, and
amount of the grant.
(3)
The amount appropriated under subsection (1) shall not exceed $1,500,000.00
Sec.
13-223. (1) The department may charge registration fees to attendees of
informational, training, or special events sponsored by the department, and
related to activities that are under the department's purview.
(2)
These fees shall reflect the costs for the department to sponsor the
informational, training, or special events.
(3)
Revenue generated by the registration fees is appropriated upon receipt and
available for expenditure to cover the department's costs of sponsoring
informational, training, or special events.
(4)
Revenue generated by registration fees in excess of the department's costs of
sponsoring informational, training, or special events shall carry forward to
the subsequent fiscal year and not lapse to the general fund.
(5)
The amount appropriated under subsection (3) shall not exceed $500,000.00.
Sec.
13-224. The department may make available to interested entities otherwise
unavailable customized listings of nonconfidential information in its
possession, such as names and addresses of licensees. The department may
establish and collect a reasonable charge to provide this service. The revenue
received from this service is appropriated when received and shall be used to
offset expenses to provide the service. Any balance of this revenue collected
and unexpended at the end of the fiscal year shall lapse to the appropriate
restricted fund.
Sec.
13-225. (1) The department shall sell documents at a price not to exceed the
cost of production and distribution. Money received from the sale of these
documents shall revert to the department. In addition to the funds appropriated
in part 1, these funds are available for expenditure when they are received by
the department of treasury. This subsection applies only for the following
documents:
(a)
Corporation and securities division documents, reports, and papers required or
permitted by law pursuant to section 1060(6) of the business corporation act,
1972 PA 284, MCL 450.2060.
(b)
The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303.
(c)
The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2350; the
business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; the nonprofit
corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform
securities act (2002), 2008 PA 551, MCL 451.2101 to 451.2703.
(d)
Construction code manuals.
(e)
Copies of transcripts from administrative law hearings.
(2)
In addition to the funds appropriated in part 1, funds appropriated for the
department under sections 57, 58, and 59 of the administrative procedures act
of 1969, 1969 PA 306, MCL 24.257, 24.258, and 24.259, and section 203 of the
legislative council act, 1986 PA 268, MCL 4.1203, are appropriated for all
expenses necessary to provide for the cost of publication and distribution.
(3)
Unexpended funds at the end of the fiscal year shall carry forward to the subsequent
fiscal year and not lapse to the general fund.
Sec.
13-226. (1) Not later than December 31, the department shall submit a report to
the subcommittees, the senate and house fiscal agencies, and the state budget
director pertaining to licensing and regulatory programs during the previous
fiscal year, if available, for the following agencies:
(a)
Liquor control commission.
(b)
Bureau of fire services.
(c)
Bureau of construction codes.
(d)
Corporations, securities, and commercial licensing bureau.
(e)
Bureau of professional licensing.
(f)
Bureau of community and health systems.
(2)
The report shall be in a format that is consistent between the agencies listed
in subsection (1) and shall provide, but is not limited to, the following
information for the previous fiscal year, as applicable, for each agency;
agencies listed in subsection (1)(a) and (b) shall report by regulated activity
and agencies listed in subsection (1)(c), (d), (e), and (f) shall report by
regulatory product and/or regulated activity:
(a)
Revenue generated by and expenditures disbursed by regulatory fund.
(b)
Revenue generated by regulatory product or regulated activity.
(c)
The renewal cycle and amount of each fee charged.
(d)
Number of initial applications.
(e)
Number of initial applications denied.
(f)
Number of license renewals.
(g)
Average amount of time to approve or deny completed applications.
(h)
Number of examinations proctored for initial applications.
(i)
A description of the types of complaints received.
(j)
A description of the process used to resolve complaints.
(k)
Number of complaints received.
(l)
Number of complaints investigated.
(m)
Number of complaints closed with no action.
(n)
Number of complaints resulting in administrative actions or citations.
(o)
Average amount of time to complete investigations.
(p)
Number of enforcement actions, including license revocations, suspensions, and
fines.
(q)
A description of the types of enforcement actions taken against licensees.
(r)
Number of administrative hearing adjudications.
(3)
As used in subsection (2), "regulatory product" means each
occupation, profession, trade, or program, which includes licensure,
certification, registration, inspection, review, permitting, approval, or any
other regulatory service provided by the agencies specified in subsection (1)
for each regulated activity. As used in this subsection and subsection (2),
"regulated activity" means the particular activities, entities,
facilities, and industries regulated by the agencies specified in subsection
(1).
Sec.
13-228. Unless prohibited by law, the department may accept credit card or
other electronic means of payment for licenses, fees, or permits.
Sec.
13-229. The department shall submit a report to the subcommittees, the senate
and house fiscal agencies, and the state budget director by September 30
detailing any expenditure of funds for a television or radio production that
was made to a third-party vendor in the fiscal year ending September 30, 2022.
The report must include the following information for each expenditure:
(a)
Total amount of the expenditure.
(b)
Fund source for the expenditure.
(c)
Name of the vendor(s) that created the production and the amount paid to the
vendor(s).
(d)
Purpose of the production.
PUBLIC SERVICE COMMISSION
Sec.
13-301. The public service commission administers the low-income energy
assistance grant program on behalf of the Michigan department of health and
human services via an interagency agreement. Funds supporting the grant program
are appropriated in the department upon awarding of grants and may be expended
for grant payments and administrative related expenses incurred in the
operation of the program.
LIQUOR CONTROL COMMISSION
Sec.
13-401. (1) From the appropriations in part 1 from the direct shipper enforcement
fund, the liquor control commission shall expend these funds as required under
section 203(11) of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1203, to investigate and audit unlawful direct shipments of wine by
unlicensed wineries and retailers. In addition to other investigative methods,
the commission shall use shipping records available to it under section 203(21)
of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1203, to
assist with this effort.
(2)
By February 1, the liquor control commission shall provide a report to the
legislature, the subcommittees, and the state budget director detailing the
commission's activities to investigate and audit the illegal shipping of wine
and the results of these activities. The report shall include the following:
(a)
Work hours spent, specific actions undertaken, and the number of FTEs dedicated
to identifying and stopping unlicensed out-of-state retailers, third-party
marketers, and wineries that ship illegally in Michigan.
(b)
General overview of expenditures associated with efforts to identify and stop
unlicensed out-of-state retailers, third-party marketers, and wineries that
ship illegally in Michigan.
(c)
Number of out-of-state entities found to have illegally shipped wine into
Michigan and total number of bottles (750 ml), number of cases with 750 ml
bottles, number of liters, number of gallons, or weight of illegally shipped
wine. These items must be broken down by total number of retailers and total
number of wineries.
(d)
Suggested areas of focus on how to address direct shipper enforcement and
illegal importation in the future.
OCCUPATIONAL REGULATION
Sec.
13-501. Money appropriated under this part and part 1 for the bureau of fire
services shall not be expended unless, in accordance with section 2c of the
fire prevention code, 1941 PA 207, MCL 29.2c, inspection and plan review fees
will be charged according to the following schedule:
Operation and maintenance inspection
fee
Facility type Facility
size Fee
Hospitals Any
$8.00 per bed
Plan review and construction
inspection fees for hospitals and schools
Project cost range FeeMMMM
$101,000.00 or less minimum
fee of $155.00
$101,001.00 to $1,500,000.00 $1.60
per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30
per $1,000.00
$10,000,001.00 or more $1.10
per $1,000.00
or
a maximum fee of $60,000.00.
Sec.
13-502. The funds collected by the department for licenses, permits, and other
elevator regulation fees set forth in the Michigan Administrative Code and as
determined under section 8 of 1976 PA 333, MCL 338.2158, 237 and section 16 of
1967 PA 227, MCL 408.816, that are unexpended at the end of the fiscal year
shall carry forward to the subsequent fiscal year.
Sec.
13-503. Not later than February 15, the department shall submit a report to the
subcommittees, the senate and house fiscal agencies, and the state budget
director providing the following information:
(a)
The number of veterans who were separated from service in the Armed Forces of
the United States with an honorable character of service or under honorable
conditions (general) character of service, individually or if a majority
interest of a corporation or limited liability company, that were exempted from
paying licensure, registration, filing, or any other fees collected under each
licensure or regulatory program administered by the bureau of construction
codes, the bureau of professional licensing, and the corporations, securities,
and commercial licensing bureau during the preceding fiscal year.
(b)
The specific fees and total amount of revenue exempted under each licensure or
regulatory program administered by the bureau of construction codes, the bureau
of professional licensing, and the corporations, securities, and commercial
licensing bureau during the preceding fiscal year.
(c)
The actual costs of providing licensing and other regulatory services to
veterans exempted from paying licensure, registration, filing, or any other
fees during the preceding fiscal year and a description of how these costs were
calculated.
(d)
The estimated amount of revenue that will be exempted under each licensure or
regulatory program administered by the bureau of construction codes, the bureau
of professional licensing, and the corporations, securities, and commercial
licensing bureau in both the current and subsequent fiscal years and a
description of how the exempted revenue was estimated.
Sec.
13-505. The department shall submit a comprehensive annual report for all
programs administered by the marijuana regulatory agency by January 31 to the
standing committees on appropriations of the senate and house of
representatives, the senate and house fiscal agencies, and the state budget
director. This report shall include, but is not limited to, all of the
following information for the prior fiscal year regarding the marihuana
programs under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to
333.26430; the Medical Marihuana Facilities Licensing Act, 2016 PA 281, MCL
333.27101 to 333.27801, and the Michigan Regulation and Taxation of Marihuana
Act, 2018 IL 1, MCL 333.27951 to 333.27967:
(a)
The number of initial applications received, by license category.
(b)
The number of initial applications approved and the number of initial
applications denied, by license category.
(c)
The average amount of time, from receipt to approval or denial, to process an
initial application, by license category.
(d)
The number of renewal applications approved, by license category and by county.
(e)
The number of renewal applications received, by license category, and by
county, if applicable.
(f)
The number of renewal applications denied, by license category and by county.
(g)
The average amount of time, from receipt to approval or denial, to process a
renewal application, by license category, if applicable.
(h)
The percentage of initial applications not approved or denied within the time
requirements established in the respective act, by license category, if
applicable.
(i)
The percentage of renewal applications not approved or denied within the time
requirements established in the respective act, by license category, if
applicable.
(j)
The total amount collected from application fees or established regulatory
assessment and the specific fund this amount is deposited into, by license
category.
(k)
The costs of administering the licensing program under each of the
above-referenced acts.
(l)
The registered name and addresses of all facilities licensed under the
above-referenced acts, by license category and by county.
(m)
Number of complaints received pertaining to the above-referenced acts, by
license type or regulatory activity.
(n)
A description of the types of complaints received.
(o)
A description of the process used to resolve complaints.
(p)
Number of investigations opened pertaining to each license category.
(q)
Number of investigations closed pertaining to each license category.
(r)
Average amount of time to complete investigations pertaining to each license
category.
(s)
Number of enforcement actions pertaining to each license category.
(t)
A description of the types of enforcement actions taken against licensees.
(u)
Number of administrative hearing adjudications pertaining to each license type.
(v)
A list of the fees charged for license applications, license renewals, and registry
cards.
Sec.
13-506. If the revenue collected by the department for health systems
administration from fees and collections exceeds the amount appropriated in
part 1, the revenue may be carried forward into the subsequent fiscal year. The
revenue carried forward under this section shall be used as the first source of
funds in the subsequent fiscal year.
Sec.
13-507. Not later than February 1, the department shall submit a report to the
subcommittees, the senate and house fiscal agencies, and state budget director
providing the following information:
(a)
The total amount of reimbursements made to local units of government for
delegated inspections of fireworks retail locations pursuant to section 11 of
the Michigan fireworks safety act, 2011 PA 256, MCL 28.461, from the funds
appropriated in part 1 for the bureau of fire services during the preceding
fiscal year.
(b)
The amount of reimbursement for delegated inspections of fireworks retail
locations for each local unit of government that received reimbursement from
the funds appropriated in part 1 for the bureau of fire services during the
preceding fiscal year.
Sec.
13-508. (1) Beginning October 1, for the purpose of defraying the costs
associated with responding to false final inspection appointments and to
discourage the practice of calling for final inspections when the project is
incomplete or noncompliant with a plan of correction previously provided by the
bureau of fire services, the bureau of fire services may assess a fee not to
exceed $200.00 for responding to a second or subsequent confirmed false
inspection appointment. Fees collected under this section shall be deposited
into the restricted account referenced by section 2c(2) of the fire prevention
code, 1941 PA 207, MCL 29.2c, and explicitly identified within the statewide
integrated governmental management applications system.
(2)
Not later than September 30, the department shall prepare a report that
provides the amount of the fee assessed under subsection (1), the number of
fees assessed and issued per region, the cost allocation for the work performed
and reduced as a result of this section, and any recommendations for
consideration by the legislature. The department shall submit this information
to the state budget director, the subcommittees, and the senate and house
fiscal agencies.
Sec.
13-510. The department shall submit a report on the Michigan automated
prescription system to the senate and house appropriations committees, the
senate and house fiscal agencies, and the state budget director by November 30.
The report shall include, but is not limited to, the following:
(a)
Total number of licensed health professionals registered to the Michigan
automated prescription system.
(b)
Total number of dispensers registered to the Michigan automated prescription
system.
(c)
Total number of prescribers using the Michigan automated prescription system.
(d)
Total number of dispensers using the Michigan automated prescription system.
(e)
Number of cases related to overprescribing, overdispensing, and drug diversion
where the department took administrative action as a result of information and
data generated from the Michigan automated prescription system.
(f)
The number of hospitals, doctor's offices, pharmacies, and other health
facilities that have integrated the Michigan automated prescription system into
their electronic health records systems.
(g)
Total number of delegate users registered to the Michigan automated
prescription system.
Sec.
13-511. From the amount appropriated in part 1 for the bureau of community and
health systems administration, upon receipt of the order of suspension of a
licensed adult foster care home, home for the aged, or nursing home, the
department shall serve the facility and provide contemporaneous notice to the
offices of legislators representing a district where the licensed facility is
situated and to the senate and house subcommittees on health and human
services.
Sec.
13-516. The funds appropriated in part 1 for the marihuana social equity
program shall be expended to address social equity in the marihuana industry by
expanding access to affordable capital. These funds shall be expended to
leverage additional private contributions to support capital access and provide
low and no-interest loans and grants for the purposes of starting or expanding
adult-use marihuana businesses.
COMMISSIONS
Sec.
13-801. If Byrne formula grant funding is awarded to the Michigan indigent defense
commission, the Michigan indigent defense commission may receive and expend
Byrne formula grant funds in an amount not to exceed $250,000.00 as an
interdepartmental grant from the department of state police. The Michigan
indigent defense commission, created under section 5 of the Michigan indigent
defense commission act, 2013 PA 93, MCL 780.985, may receive and expend federal
grant funding from the United States Department of Justice in an amount not to
exceed $300,000.00 as other federal grants.
Sec.
13-802. From the funds appropriated in part 1, the Michigan indigent defense
commission shall submit a report by September 30 to the senate and house
appropriations subcommittees on licensing and regulatory affairs, the senate
and house fiscal agencies, and the state budget director on the incremental
costs associated with the standard development process, the compliance plan
process, and the collection of data from all indigent defense systems and
attorneys providing indigent defense. Particular emphasis shall be placed on
those costs that may be avoided after standards are developed and compliance
plans are in place.
GRANTS
Sec.
13-901. (1) The department shall expend the funds appropriated in part 1 for
medical marihuana operation and oversight grants for grants to counties for
education and outreach programs relating to the Michigan medical marihuana
program pursuant to section 6(l) of the Michigan Medical Marihuana Act, 2008 IL
1, MCL 333.26426. These grants shall be distributed proportionately based on
the number of registry identification cards issued to or renewed for the
residents of each county that applied for a grant under subsection (2). For the
purposes of this subsection, operation and oversight grants are for education,
communication, and outreach regarding the Michigan Medical Marihuana Act, 2008
IL 1, MCL 333.26421 to 333.26430. Grants provided under this section must not
be used for law enforcement purposes.
(2)
Not later than December 1, the department shall post a listing of potential
grant money available to each county on its website. In addition, the
department shall work collaboratively with counties regarding the availability
of these grant funds. A county requesting a grant shall apply on a form
developed by the department and available on its website. The form shall
contain the county's specific projected plan for use of the money and its
agreement to maintain all records and to submit documentation to the department
to support the use of the grant money.
(3)
In order to be eligible to receive a grant under subsection (1), a county shall
apply not later than January 1 and agree to report how the grant was expended
and to provide that report to the department not later than September 15. The
department shall submit a report not later than October 15 of the subsequent
fiscal year to the state budget director, the subcommittees, and the senate and
house fiscal agencies detailing the grant amounts by recipient and the reported
uses of the grants in the preceding fiscal year.
Sec.
13-902. (1) The amount appropriated in part 1 for firefighter training grants
shall only be expended for payments to counties to reimburse organized fire
departments for firefighter training and other activities required under the
firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2)
If the amount appropriated in part 1 for firefighter training grants is
expended by the firefighters training council, established in section 3 of the
firefighters training council act, 1966 PA 291, MCL 29.363, for payments to
counties under section 14 of the firefighters training council act, 1966 PA
291, MCL 29.374, in compliance with statute, the following subsections apply,
to the extent otherwise permissible by statute:
(a)
The amount appropriated in part 1 for firefighter training grants shall be
allocated pursuant to section 14(2) of the firefighters training council act,
1966 PA 291, MCL 29.374.
(b)
If the amount allocated to any county under subdivision (a) is less than
$5,000.00, the amounts disbursed to each county under subdivision (a) shall be
adjusted to provide for a minimum payment of $5,000.00 to each county.
(3)
Not later than February 1, the department shall submit a financial report to
the subcommittees, the senate and house fiscal agencies, and the state budget
director identifying the following information for the preceding fiscal year:
(a)
The amount of the payments that would be made to each county if the
distribution formula described by the first sentence of section 14(2) of the firefighters
training council act, 1966 PA 291, MCL 29.374, would have been utilized to
allocate the total amount appropriated in part 1 for firefighter training
grants.
(b)
The amount of the payments approved by the firefighters training council for
allocation to each county.
(c)
The amount of the payments expended or encumbered within each county.
(d)
A description of any other payments or expenditures made under the authority of
the firefighters training council.
(e)
The amount of payments approved for allocations to counties that was not
expended or encumbered and lapsed back to the fireworks safety fund.
ONE-TIME APPROPRIATIONS
Sec.
13-1001. From the funds appropriated in part 1 for Michigan saves, the Michigan
public service commission shall award a $5,000,000.00 grant to Michigan saves,
a nonprofit green bank with experience in leveraging energy-efficiency and
renewable energy improvements, for the purpose of making such loans more
affordable for Michigan families, businesses, and public entities. Grant funds
may be used to support a loan loss reserve fund or other comparable financial
instrument to further leverage private investment in clean energy improvements.
Article 14
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
14-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of military and veterans affairs are
appropriated for the fiscal year ending September 30, 2022, and are anticipated
to be appropriated for the fiscal year ending September 30, 2023, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 9.0 9.0
Full-time equated classified positions................ 1,054.5 1,054.5
GROSS APPROPRIATION...................................... $ 217,688,100 $ 211,232,100
Total interdepartmental grants and
interdepartmental
transfers.............................................. 101,800 101,800
ADJUSTED GROSS APPROPRIATION............................ $ 217,586,300 $ 211,130,300
Total federal revenues................................... 120,015,300 118,184,300
Total local revenues..................................... 0 0
Total private revenues................................... 640,000 640,000
Total other state restricted revenues................... 21,336,700 20,776,700
State general fund/general purpose...................... $ 75,594,300 $ 71,529,300
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 71,529,300 71,529,300
One-time state general fund/general purpose.......... 4,065,000 0
Sec. 14-102. MILITARY
Full-time equated unclassified positions.............. 9.0 9.0
Full-time equated classified positions................ 371.0 371.0
Unclassified salaries-9.0 FTE positions................. $ 1,613,700 $ 1,613,700
Departmentwide........................................... 1,803,600 1,803,600
Headquarters and armories-86.0 FTE positions............ 20,966,100 20,966,100
Michigan youth challeNGe academy-68.0 FTE
positions..... 9,757,900 9,757,900
Military family relief fund.............................. 150,000 150,000
Military retirement...................................... 875,000 875,000
Military training sites and support
facilities-215.0
FTE positions.......................................... 41,317,800 41,317,800
National guard operations................................ 298,200 298,200
National guard tuition assistance fund-2.0 FTE
positions.............................................. 6,515,200 6,515,200
Starbase grant........................................... 2,322,000 2,322,000
GROSS APPROPRIATION...................................... $ 85,619,500 $ 85,619,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 101,800 101,800
Federal revenues:
Other federal revenues................................... 60,575,100 60,575,100
Special revenue funds:
Private revenues......................................... 90,000 90,000
Other state restricted revenues......................... 1,917,100 1,917,100
State general fund/general purpose...................... $ 22,935,500 $ 22,935,500
Sec. 14-103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions................ 52.0 52.0
County veteran service fund.............................. $ 4,000,000 $ 4,000,000
Michigan veterans affairs agency
administration-44.0
FTE positions.......................................... 7,458,600 7,458,600
Veterans' trust fund administration-8.0 FTE
positions... 1,142,900 1,142,900
Veterans' trust fund grants.............................. 2,500,000 2,500,000
Veterans service grants.................................. 3,835,500 3,835,500
GROSS APPROPRIATION...................................... $ 18,937,000 $ 18,937,000
Appropriated from:
Special revenue funds:
Private revenues......................................... 10,000 10,000
Other state restricted revenues......................... 3,692,900 3,692,900
State general fund/general purpose...................... $ 15,234,100 $ 15,234,100
Sec. 14-104. MICHIGAN VETERANS' FACILITY AUTHORITY
Full-time equated classified positions................ 631.5 631.5
Chesterfield Township home for veterans-115.0
FTE
positions.............................................. $ 20,937,000 $ 20,937,000
D.J. Jacobetti home for veterans-200.0 FTE
positions.... 24,639,200 24,639,200
Grand Rapids home for veterans-298.5 FTE positions...... 22,889,900 22,889,900
Information technology services and projects............ 1,405,200 1,405,200
Michigan veteran homes administration-18.0 FTE
positions.............................................. 3,005,200 3,005,200
Michigan veterans' facility authority................... 634,100 634,100
Veterans cemetery........................................ 85,200 85,200
GROSS APPROPRIATION...................................... $ 73,595,800 $ 73,595,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 27,451,600 27,451,600
Special revenue funds:
Private revenues......................................... 540,000 540,000
Other state restricted revenues......................... 14,166,700 14,166,700
State general fund/general purpose...................... $ 31,437,500 $ 31,437,500
Sec. 14-105. CAPITAL OUTLAY
Armory maintenance....................................... $ 1,000,000 $ 1,000,000
Land and acquisitions.................................... 1,000,000 1,000,000
Special maintenance - National Guard.................... 30,000,000 30,000,000
Special maintenance - veterans' homes................... 500,000 500,000
GROSS APPROPRIATION...................................... $ 32,500,000 $ 32,500,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 30,000,000 30,000,000
Special revenue funds:
Other state restricted revenues......................... 1,000,000 1,000,000
State general fund/general purpose...................... $ 1,500,000 $ 1,500,000
Sec. 14-106. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 579,800 $ 579,800
GROSS APPROPRIATION...................................... $ 579,800 $ 579,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 157,600 157,600
Special revenue funds:
State general fund/general purpose...................... $ 422,200 $ 422,200
Sec. 14-107. ONE-TIME APPROPRIATIONS
Grand Rapids home for veterans.......................... $ 6,456,000 $ 0
GROSS APPROPRIATION...................................... $ 6,456,000 $ 0
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,831,000 0
Special revenue funds:
Other state restricted revenues......................... 560,000 0
State general fund/general purpose...................... $ 4,065,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
14-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $96,931,000.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $4,136,500.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Military training sites and support
facilities......................... $ 46,500
County veteran service fund............................................ 4,000,000
Michigan veterans affairs agency
administration........................ 90,000
TOTAL.................................................................... $ 4,136,500
Sec.
14-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
14-203. As used in this article:
(a)
"CENA" means competency-evaluated nursing assistant
(b)
"Core services" means that term as defined in section 373 of the
management and budget act, 1984 PA 431, MCL 18.1373.
(c)
"Department" means the department of military and veterans affairs.
(d)
"Director" means the director of the department.
(e)
"FTE" means full-time equated.
(f)
"HVAC" means heating, ventilation, and air conditioning.
(g)
"IDG" means interdepartmental grant.
(h)
"Michigan veterans' facility authority" means the authority created
under section 3 of the Michigan veterans' facility authority act, 2016 PA 560,
MCL 36.103.
(i)
"MVAA" means the Michigan veterans affairs agency.
(j)
"MVH" means the Michigan veteran homes.
(k)
"Support services" means an activity, such as information technology,
accounting, human resources, legal, and other support functions that are
required to support the ongoing delivery of core services.
(l)
"USDVA" means the United States Department of Veterans Affairs.
(m)
"USDVA-VHA" means the USDVA Veterans Health Administration.
(n)
"VSO" means veterans service organization.
(o)
"Work project" means that term as defined in section 404 of the
management and budget act, 1984 PA 431, MCL 18.1404, and that meets the
criteria in section 451a(1) of the management and budget act, 1984 PA 431, MCL
18.1451a.
Sec.
14-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
14-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
14-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
14-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal agencies,
and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
14-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
14-209. 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 and the senate and house fiscal agencies.
Sec.
14-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $12,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $3,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
14-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
14-212. 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 senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund expenditures
for the fiscal years ending September 30, 2021 and September 30, 2022.
Sec.
14-213. 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.
14-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2022 are estimated at
$18,414,700.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $10,316,900.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$8,097,800.00.
Sec.
14-221. The department shall provide biannual reports to the subcommittees, the
senate and house fiscal agencies, and the state budget office, which shall
provide the following data:
(a)
A list of all major work projects, including a status report 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.
(c)
The number of active employees at the close of the reporting period by job
classification and departmental branch of service.
Sec.
14-222. The appropriations in part 1 are for the core services, support
services, and work projects of the department, including, but not limited to,
the following core services:
(a)
Armories and joint force readiness.
(b)
National Guard training facilities and air bases.
(c)
Michigan youth challeNGe academy.
(d)
Military family relief fund.
(e)
Starbase grant.
(f)
National Guard tuition assistance program.
(g)
Michigan veterans affairs agency administration.
(h)
Veterans service grants.
(i)
Veterans' trust fund administration.
(j)
Veterans' trust fund grants.
(k)
County veteran service fund.
(l)
Michigan veterans' facility authority.
(m)
Michigan veterans homes.
Sec.
14-223. The appropriations in part 1 for capital outlay shall be carried forward
at the end of the fiscal year consistent with section 248 of the management and
budget act, 1984 PA 431, MCL 18.1248.
Sec.
14-224. Sixty days prior to the public announcement of the intention to sell
any department real property, the department shall submit notification of that
intent to the subcommittees and the senate and house fiscal agencies.
Sec.
14-226. (1) Money privately donated to the department for the Grand Rapids home
for veterans, D.J. Jacobetti home for veterans, or Chesterfield Township home
for veterans in excess of the appropriation in part 1 is appropriated and may
be used for the purpose designated by the private source, if specified.
(2)
The department must notify the subcommittees and the house and senate fiscal
agencies of the receipt of a donation under this subsection within 14 calendar
days of receiving the donation. The notification must include the amount of the
donation and the purpose for which the funds will be expended, if known.
MILITARY
Sec.
14-301. (1) From the funds appropriated in part 1, there is funding to support
unclassified employee positions as authorized by section 5 of article XI of the
state constitution of 1963.
(2)
The department shall report quarterly to the subcommittees and house and senate
fiscal agencies a list of the current unclassified positions, which shall
include the official titles and responsibilities of each position.
(3)
Upon the department being granted a request for an additional unclassified
employee position from the civil service commission, or for any substantive
changes to the duties of an existing unclassified employee position, the
department shall notify the subcommittees and the senate and house fiscal
agencies within 15 days.
Sec.
14-302. (1) From the funds appropriated in part 1 for military operations,
effective and efficient executive direction and administrative leadership shall
be provided to the department.
(2)
The department shall operate and maintain National Guard armories.
(3)
The department shall evaluate armories and submit a report biannually, on the
status of the armories.
(4)
The department shall maintain a system to measure the condition and adequacy of
the armories.
(5)
The Michigan Army National Guard and Air National Guard shall work to provide a
culture that is free of sexual assault, through an environment of prevention,
education and training, response capability, victim support, reporting
procedures, and appropriate accountability that enhances the safety and
well-being of all guard members.
(6)
By December 1, the department shall report the following information to the
subcommittees, the senate and house fiscal agencies, and the state budget
office:
(a)
An assessment of the grounds and facilities of each armory to objectively
measure and determine the current facility condition and capability to support
authorized manpower, unit training, and operations.
(b)
Recommendations for the placement of new armories, the relocation or
consolidation of existing armories, or a change in the mission of units assigned
to armories to ideally position the National Guard in current or projected
population centers.
(c)
Recommendations for the enhanced use of armories to facilitate family support
programs during deployments.
(d)
An analysis of the feasibility, potential costs, and benefits of use of
armories shared with other local, state, or federal agencies to improve
responses to local emergencies as well as the community support provided to
armories.
(e)
An investment strategy and proposed funding amounts in a prioritized project
list to correct the most critical facility shortfalls across the inventory of
armories in this state.
Sec.
14-303. (1) The department shall maintain the Michigan youth challeNGe academy
to provide values, skills, education, and self-discipline instruction for
at-risk youth as provided under 32 USC 509.
(2)
The department shall take steps to recruit candidates to the challeNGe academy
from economically disadvantaged areas, including those with low-income and
high-unemployment backgrounds.
(3)
The department shall partner with the department of health and human services
to identify youth who may be eligible for the challeNGe academy from those
youth served by department of health and human services programs. These
eligible youth shall be given priority for enrollment in the academy.
(4)
The department shall maintain the staffing and resources necessary to train and
graduate at least 114 students per cohort (228 annually).
(5)
The department shall ensure individual academic success as measured by the
number of individuals who have received a general equivalency diploma, high
school diploma, or high school credit recovery or by the improvement of tests
of adult basic education scores, or both.
(6)
Any unexpended private donations to support the Michigan youth challeNGe
academy at the close of this fiscal year shall not lapse to the general fund
but shall be carried forward to the subsequent fiscal year.
Sec.
14-304. (1) The department shall provide grants for disbursement from the
military family relief fund, as provided under the military family relief fund
act, 2004 PA 363, MCL 35.1211 to 35.1216, and R 200.5 to R 200.95 of the
Michigan Administrative Code.
(2)
The department shall provide information on the revenues, expenditures for
advertising and assistance grants, and fund balance of the Michigan military
family relief fund, biannually.
(3)
From the funds appropriated in part 1, the department shall provide sufficient
staffing and other resources to provide outreach to the Michigan families of
members of the reserve component of the Armed Forces of the United States
called into active duty and to support the processing and approval of grant
applications for this fiscal year under the Michigan military relief fund and
report those applications biannually.
Sec.
14-305. (1) The department shall provide Army and Air National Guard forces,
when directed, for state and local emergencies and in support of national
military requirements.
(2)
The department shall operate and maintain Army National Guard training
facilities, including Fort Custer and Camp Grayling.
(3)
The department shall maintain a system that measures the condition and adequacy
of air facilities using both quality and functionality criteria.
(4)
The department shall operate and maintain Air National Guard air bases,
including Selfridge Air National Guard base, Battle Creek Air National Guard
base, and Alpena combat readiness training center.
(5)
The department shall provide the following information biannually:
(a)
The apportioned and assigned strength of the Michigan Army National Guard.
(b)
The apportioned and assigned strength of the Michigan Air National Guard.
(c)
Recruiting, retention, and attrition data, including measurement against stated
performance goals, for the Michigan Army National Guard.
(d)
Recruiting, retention, and attrition data, including measurement against stated
performance goals, for the Michigan Air National Guard.
Sec.
14-306. There is created and established under the jurisdiction and control of
the department a revolving account to be known as the billeting fund account.
All of the fees and other revenues generated from the operation of the
chargeable transient quarters program shall be deposited in the billeting fund
account. Appropriations will be made from the account for the support of
program operations and the maintenance and operations of the chargeable
transient quarters program and will not exceed the estimated revenues for the
fiscal year in which they are made, together with unexpended balances from
prior years. The department shall submit an annual report of operations and
expenditures regarding the billeting fund account to the appropriations
committees of the senate and house of representatives, the senate and house fiscal
agencies, and the state budget office at the end of the fiscal year.
Sec.
14-307. (1) The department shall maintain a National Guard tuition assistance
program under section 3 of the Michigan national guard tuition assistance act,
2014 PA 259, MCL 32.433, for eligible persons as defined in section 2 of the
Michigan national guard tuition assistance act, 2014 PA 259, MCL 32.432.
(2)
The objective of the National Guard tuition assistance program is to bolster
military readiness by increasing recruitment and retention of Michigan Army and
Air National Guard service members, to fill federally authorized strength
levels for the state, to improve the Michigan Army and Air National Guard's
competitive draw from other military enlistment options in the state, to
enhance the ability of the Michigan Army and Air National Guard to compete for
members and federal dollars with surrounding states, and to increase the pool
of eligible candidates within the Michigan Army and Air National Guard to
become commissioned officers.
(3)
The department shall make efforts to increase the number of national guard
members who have received a credential or are still enrolled in the Michigan
National Guard tuition assistance program after their initial term of
enlistment with the goal of 55% of program participants, or at the current
4-year college graduation rate in Michigan, whichever is higher. To evaluate
the effectiveness of the program, the department shall monitor the number of
new recruits and new reenlistments and the percentage of those who become
participants in the program to determine whether the percentage of authorized
Michigan Army and Air National Guard strength obtained and retained is
competitive in comparison with the neighboring army and air national guards
from Illinois, Indiana, Ohio, and Wisconsin.
(4)
Not later than March 1, the department shall provide a report to the
subcommittees on the Michigan National Guard tuition assistance program. The
report shall include the number of guard members receiving tuition assistance,
where those guard members received education or training under the program, the
average amount of financial assistance received, the total funds spent on the
program, and, in the opinion of the department, after those expenditures,
whether any unmet needs remained. The report shall also include performance
data regarding the number of members denied benefits from the program. The
report shall include, but is not limited to, all of the following information:
(a)
The total number of applications for tuition assistance denied.
(b)
A delineated list of the grounds for denial and the number of the total
applicable to each reason for denial.
(c)
A list of specific actions undertaken to increase the opportunities for
expanding qualified educational and training programs.
(d)
A list of any educational and training programs removed from eligibility and
the rationale for their removal.
(e)
An explanation of any identified barriers to the successful utilization of
funds appropriated in part 1 for the National Guard tuition assistance fund and
applicable proposals for legislative action to address those barriers.
(5)
The general fund/general purpose funds appropriated in part 1 for the National
Guard tuition assistance fund shall be deposited to the restricted Michigan
National Guard tuition assistance fund created in section 4 of the Michigan
National Guard tuition assistance act, 2014 PA 259, MCL 32.434. All funds in
the restricted Michigan National Guard tuition assistance fund are appropriated
and available for expenditure to support the Michigan National Guard tuition
assistance program.
Sec.
14-308. The department shall maintain the starbase program at Air National
Guard facilities, as provided under 10 USC 2193b, to improve the knowledge,
skills, and interest of students, primarily in the fifth grade, in math,
science, and technology. The starbase program is to specifically target
minority and at-risk students for participation.
Sec.
14-309. There is created and established under the jurisdiction and control of
the department a revolving account to be known as the test project fees
account. All of the fees and other revenues generated from the operation of the
test project program shall be deposited in the test project fees fund account.
Appropriations will be made from the account for the support of program
operations. Money remaining in the fund at the end of the year shall not lapse,
but shall be carried forward to the subsequent fiscal year.
Sec.
14-310. The Morale, Welfare, and Recreation fund is created within the state
treasury. The state treasurer may receive money or other assets from any source
for deposit into the fund. The state treasurer shall direct the investment of
the fund. The state treasurer shall credit to the fund interest and earnings
from fund investments. The Department of Military and Veterans Affairs shall be
the administrator of the fund for auditing purposes. All of the fees and other
revenues generated from the operation of the Morale, Welfare, and Recreation
program shall be deposited in the Morale, Welfare, and Recreation fund account.
Appropriations will be made from the account for the support of program
operations. Money remaining in the fund at the end of the year shall not lapse,
but shall be carried forward to the subsequent fiscal year.
Sec.
14-311. There is created and established under the jurisdiction and control of
the department a revolving account to be known as the rental fees account. All
of the fees and other revenues generated from the operation of the rental fees
program shall be deposited in the rental fees fund account. Appropriations will
be made from the account for the support of program operations. Money remaining
in the fund at the end of the year shall not lapse, but shall be carried
forward to the subsequent fiscal year.
MICHIGAN VETERANS AFFAIRS AGENCY
Sec.
14-404. (1) Money privately donated to the department for the Michigan Veterans
Affairs Agency Administration in excess of the appropriation in part 1 is appropriated
and may be used for the purpose designated by the private source, if specified.
(2)
The department must notify the subcommittees and the house and senate fiscal
agencies of the receipt of a donation under this subsection within 14 calendar
days of receiving the donation. The notification must include the amount of the
donation and the purpose for which the funds will be expended, if known.
Sec.
14-405. (1) The MVAA shall provide a report biannually on the financial status
of the Michigan veterans' trust fund, including the number and amount of
emergency grants, state operating and administrative expenses, and county
administrative expenses.
(2)
The Michigan veterans' trust fund board together with the agency shall maintain
the staffing and resources necessary to process a minimum of 2,000 applications
for veterans' trust fund emergency grants.
(3)
The Michigan veterans' trust fund board together with the MVAA shall provide
emergency grants for disbursement from the Michigan veterans' trust fund, as
provided under the following program authorities:
(a)
Sections 37, 38, and 39 of article IX of the state constitution of 1963.
(b)
1946 (1st Ex Sess) PA 9, MCL 35.602 to 35.610.
(c)
R 35.1 to R 35.7 of the Michigan Administrative Code.
(d)
R 35.621 to R 35.623 of the Michigan Administrative Code.
(4)
No later than February 1, the MVAA shall provide a detailed report of the
Michigan veterans' trust fund that includes, for the immediately preceding
fiscal year, information on grants provided from the emergency grant program,
including details concerning the methodology of allocations, the selection of
emergency grant program authorized agents, a description of how the emergency
grant program is administered in each county, and a detailed breakdown of trust
fund expenditures for that year, including the amount distributed to each
county for operating costs, administrative costs and emergency grants. The
report shall also include the number of approved applications, by category of
assistance, and the number of denied applications, by reason of denial. The
report shall also provide an update on the department's efforts to reduce
program administrative costs and maintain the Michigan veterans' trust fund
corpus at or above its original amount of at least $50,000,000.00.
Sec.
14-406. (1) The MVAA shall provide outreach services to Michigan veterans to
advise them on the benefits to which they are entitled, as provided under
Executive Reorganization Order No. 2013-2, MCL 32.92. The MVAA shall also do
the following:
(a)
Develop and operate an outreach program that communicates benefit eligibility
information to at least 50% of Michigan's population of veterans, as assessed
by annual census estimates, with a goal of reaching 100% and enabling 100% to
access benefit information online.
(b)
Communicate veteran benefit information pertaining to the Michigan military
family relief fund, Michigan veterans' trust fund, and USDVA health, financial,
and memorial benefits to which veterans are entitled.
(c)
Provide sufficient staffing and other resources to approve requests for
military discharge certificates (DD-214) annually.
(d)
Continue the process to digitize all medical records, military discharge
documents, and burial records that are currently on paper and microfilm.
(e)
Provide a report biannually to the subcommittees, the senate and house fiscal
agencies, and the state budget office providing, to the extent known, data on
the estimated number of homeless veterans, by county, in this state.
(f)
Provide the percentage of Michigan veterans contacted through its outreach
programs, with a goal of 90%, and report that percentage to the subcommittees
biannually on the status of outreach.
(2)
From the funds appropriated in part 1, the MVAA shall provide for the regional
coordination of services, as follows:
(a)
The MVAA shall coordinate with veteran benefit counselors throughout a
specified region.
(b)
The MVAA shall coordinate services with the department of health and human
services and the department of corrections.
(c)
The MVAA shall coordinate with regional workforce and economic development
agencies.
(d)
The MVAA shall coordinate activities among local foundations, nonprofit
organizations, and community groups to improve accessibility, enrollment, and
utilization of the array of health care, education, employment assistance, and
quality of life services provided at the local level.
(e)
The MVAA may work with MVAA service officers, county veteran counselors, VSO
service officers, and other service providers to incorporate the provision of
information relating to mental health care resources into their daily
operations to aid veterans in understanding the mental health care support
services they may be eligible to receive.
(f)
The MVAA shall coordinate with the department of health and human services to
identify Medicaid recipients who are veterans and who may be eligible for
federal veterans health care benefits or other benefits, to the extent that the
identification does not violate applicable confidentiality requirements.
(g)
The MVAA shall collaborate with the department of corrections to create and
maintain a process by which prisoners can obtain a copy of their DD-214 form or
other military discharge documentation if necessary.
(h)
The MVAA shall ensure that all MVAA service officers and VSO service officers
receive appropriate training in processing applications for benefits payable to
veterans due to military sexual trauma, post-traumatic stress disorder,
depression, anxiety, substance abuse, or other mental health issues.
(3)
The MVAA shall provide claims processing services to Michigan veterans in
support of benefit claims submitted to the USDVA for the health, financial, and
memorial benefits for which they are eligible, and shall do all of the
following:
(a)
Report biannually on the number of benefit claims, by type, submitted to the
USDVA by MVAA.
(b)
Maintain the staffing and resources necessary to process a minimum of 500
claims per year.
(4)
The MVAA shall maintain staffing and resources necessary to develop and
implement a process to ensure that all county counselors receive the training
and accreditation necessary to provide quality services to veterans. The MVAA
shall report information biannually on the number and percentage of county
veterans counselors trained by the MVAA, and the number and percentage who
received funding from the MVAA to attend training, with an overall goal of 100%
of county veterans counselors trained.
(5)
From the funds appropriated in part 1 for MVAA, the MVAA is authorized to
expend up to $50,000.00 to hire legal services to represent veterans benefit
cases before federal court to maintain accreditation under 38 CFR
14.628(d)(1)(iv).
Sec.
14-407. (1) The MVAA shall disburse grants to achieve agency goals and
performance objectives in partnership with counties, VSOs, and tribal
governments. Grants will be disbursed to fund programs and projects that are
determined by the agency to meet agency performance objectives and ensure that
grantees communicate the availability of emergency grants through the Michigan
veterans' trust fund. In disbursing grants, the MVAA shall do all of the
following:
(a)
Ensure that each grantee is issued performance standards.
(b)
Ensure that each grantee uses those funds for veterans advocacy and outreach.
(c)
Monitor the performance of each grantee.
(d)
Require each grantee to report not less than quarterly on services provided to
veterans and account for all grant fund expenditures.
(e)
Require that each grantee report not less than quarterly both of the following:
(i)
The number and type of claims originated and submitted by the grantee to the
USDVA.
(ii)
The number and type of claims originated by an organization other than the
grantee and submitted by the grantee to the USDVA.
(f)
Promulgate monthly benchmark requirements, based upon contractual obligations,
that each grantee must meet and require each grantee to report on achieving the
benchmark requirements not less than quarterly to the MVAA, in order to ensure
that each grantee meets MVAA veteran service goals.
(g)
Assess the accuracy rate of claims reported by grantees and the attendance rate
of grantees, based upon contractual obligations.
(h)
Ensure that each grantee adheres to the MVAA approved schedule of operations.
(i)
Report biannually to the subcommittees and senate and house fiscal agencies on
grantee operations monitored under this subsection.
(2)
Grants awarded to a VSO by the MVAA shall provide for the following, as
developed by the MVAA:
(a)
The provision of service to veterans statewide, using a regional service
delivery model, with services provided at specified locations and times,
including service provided in state correctional facilities.
(b)
The payment of an hourly service rate that shall be set annually by MVAA based
on funds appropriated in part 1.
(c)
A specified number of service hours within each geographic region of this
state, with a statewide goal based on both appropriations for the current
fiscal year for the grant programs and the hourly service rate under
subdivision (b). The statewide goal will include service hours provided to
eligible incarcerated veterans within 1 year of their earliest release date.
(d)
Use of an MVAA-designated internet-based claims data system.
(3)
The MVAA shall report biannually a summary of activities supported through the
appropriation in part 1 for grants, including the amount of expenditures to
date, number of service hours, number of claims for benefits submitted by type
of claim, and other information deemed appropriate by the MVAA.
Sec.
14-410. (1) The general fund/general purpose funds appropriated in part I for
the county veteran service fund shall be deposited to the restricted county
veteran service fund created in section 3a of 1953 PA 192, MCL 35.623a. All
funds in the restricted county veteran service fund are appropriated and
available for expenditure to support county veteran service grants.
(2)
From the funds appropriated in part 1 for the county veteran service fund,
$200,000 shall be allocated to the MVAA to be used to cover costs associated
with administering and providing technical assistance to counties for this
grant program.
MICHIGAN VETERANS' FACILITY
AUTHORITY
Sec.
14-452. (1) The MVH and the Michigan veterans' facility authority shall provide
compassionate and quality nursing and domiciliary care services at the Grand
Rapids, D.J. Jacobetti, and Chesterfield Township homes for veterans so that
members can achieve their highest potential of wellness, independence,
self-worth, and dignity.
(2)
From the funds appropriated in part 1, the department shall provide resources
necessary to provide nursing care services to veterans in accordance with
federal standards and provide the results of the annual USDVA survey and
certification as proof of compliance.
(3)
Appropriations in part 1 for a home operated by the MVH and the D.J. Jacobetti
and Chesterfield Township homes for veterans shall not be used for any purpose
other than for veterans and veterans' families.
(4)
Any contractor providing mental health services to the Grand Rapids, D.J.
Jacobetti, and Chesterfield Township homes for veterans shall utilize mental
health interventions that have been shown to be effective with the conditions
they are treating, in accordance with evidence-based best practices supported
by the USDVA-VHA, United States Department of Defense, the Substance Abuse and
Mental Health Services Administration, the American Psychological Association,
and the National Association of Social Workers.
(5)
Any contractor providing CENAs to the Grand Rapids home for veterans shall
ensure that each CENA has at least 8 hours of training on information provided
by the home.
(6)
Any contractor providing CENAs to a home operated by the MVH shall ensure that
each CENA has at least one 8-hour shift of shadowing at the veterans' home.
(7)
Any contractor providing CENAs to a home operated by the MVH shall ensure that
each CENA is competent in the basic skills needed to perform his or her
assigned duties at the home.
(8)
A home operated by the MVH shall provide each CENA at least 12 hours of
in-service training once that individual has been assigned to the home.
(9)
All complaints of abusive or neglectful care at the Grand Rapids, D.J.
Jacobetti, and Chesterfield Township homes for veterans by a resident member, a
resident member's family or legal guardian, or staff of the veterans' homes
received by a supervisor shall be referred to the director of nursing or his or
her designee upon receipt of the complaint. The director of nursing or his or
her designee shall report on not less than a monthly basis, except that the
Michigan veterans' facility authority may specify a more frequent reporting
period to the home administrator, Michigan veterans' facility authority,
agency, subcommittees, senate and house fiscal agencies, and state budget
office the following information:
(a)
A description of the process by which resident members and others may file
complaints of alleged abuse or neglect at the Grand Rapids, D.J. Jacobetti, and
Chesterfield Township homes for veterans.
(b)
Summary statistics on the number and general nature of complaints of abuse or
neglect.
(c)
Summary statistics on the final disposition of complaints of abuse or neglect
received.
(10)
The MVH shall provide an on-site, board-certified psychiatrist for all resident
members with mental health disorders in order to ensure that those resident
members receive needed services in a professional and timely manner. The MVH
shall provide all members and staff a safe and secure environment.
(11)
The MVH shall ensure that they effectively develop, execute, and monitor all
comprehensive care plans in accordance with federal regulations and their
internal policies, with a goal that a comprehensive care plan is fully developed
for all resident members.
(12)
The MVH shall implement controls over their food, maintenance supplies,
pharmaceuticals, and medical supplies inventories.
(13)
The MVH shall establish sufficient controls for calculating resident member maintenance
assessments in order to accurately calculate resident member maintenance
assessments for each billing cycle. The MVH shall establish sufficient controls
to ensure that all past due resident member maintenance assessments are
addressed within 30 days.
(14)
The MVH shall establish sufficient controls over monetary donations and donated
goods.
(15)
The MVH shall implement sufficient controls over the handling of resident
member funds to ensure the release of funds within 15 calendar days upon the
resident member leaving the home and to ensure that a representative of a
resident member is provided a full accounting of that resident member's funds
within 30 calendar days after the death of that resident member.
(16)
The MVH shall post on its website all policies adopted by the Michigan
veterans' facility authority and the veterans' homes related to the
administrative operations of the veterans' homes.
(17)
The process by which visitors, residents, and employees of the Grand Rapids,
D.J. Jacobetti, and Chesterfield Township homes for veterans may register
complaints shall be displayed in high-traffic areas throughout the home.
(18)
The MVH shall provide copies of each facility's USDVA State Veteran Home
quarterly report to the legislature and the state budget office. These
quarterly reports shall be posted on the MVH website.
(19)
The MVH shall provide to the legislature and the state budget office biannual
reports regarding the status of Centers for Medicare and Medicaid certification
efforts, including, but not limited to, descriptions of incremental milestones,
associated expenditures, and the percentage of plan completed until such time
certification has been achieved and reported.
CAPITAL OUTLAY
Sec.
14-501. (1) The department shall provide for the acquisition and disposition of
National Guard armories, facilities, and lands as provided under sections 368,
382, and 382a of the Michigan military act, 1967 PA 150, MCL 32.768, 32.782,
and 32.782a.
(2)
The department shall provide a listing of property sales and acquisitions
biannually.
Sec.
14-502. (1) The appropriations in part 1 for special maintenance - National
Guard shall be carried forward at the end of the fiscal year consistent with
section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.
(2)
The appropriations for special maintenance - National Guard shall be expended
in accordance with the requirements of sections 302 and 305 of this part and
shall be expended according to the maintenance priorities of the department to
repair and modernize military training sites and support facilities, including
armories, which may include projects such as roof, HVAC, or boiler replacement,
interior renovations, facility expansion, improvements to parking facilities,
and other projects.
(3)
The department shall provide a report biannually providing information on the
status, projected costs, and projected completion date of current and planned
special maintenance projects at the armories and other National Guard
facilities funded from capital outlay appropriations made in part 1 and in
prior appropriations years.
Sec.
14-503. (1) The appropriations in part 1 for special maintenance - veterans
homes shall be carried forward at the end of the fiscal year consistent with
section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.
(2)
The appropriations for special maintenance - veterans homes shall be expended
in accordance with the requirements of section 452 of this part and shall be
expended according to the maintenance priorities of the department to repair
and modernize the state's veterans' homes, which may include projects such as
roof, HVAC, or boiler replacement, interior renovations, facility expansion,
improvements to parking facilities, and other projects designed to enhance the
quality of life and medical care of members.
(3)
The MVH shall provide a report biannually providing information on the status,
projected costs, and projected completion date of current and planned special
maintenance projects at the Grand Rapids, D.J. Jacobetti, and Chesterfield
Township homes for veterans funded from capital outlay appropriations made in
part 1 and in prior appropriations years.
Sec.
14-504. (1) The appropriations in part 1 for armory maintenance shall be
carried forward at the end of the fiscal year consistent with section 248 of
the management and budget act, 1984 PA 431, MCL 18.1248.
(2)
The appropriations for armory maintenance shall be expended in accordance with
the requirements of sections 302 and 305 of this part and shall be expended
according to the maintenance priorities of the department to repair and
modernize military training sites and support facilities, including armories.
Article 15
DEPARTMENT OF NATURAL RESOURCES
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
15-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of natural resources are appropriated for the
fiscal year ending September 30, 2022, and are anticipated to be appropriated
for the fiscal year ending September 30, 2023, from the funds indicated in this
part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 2,354.9 2,354.9
GROSS APPROPRIATION...................................... $ 456,341,400 $ 454,095,600
Total interdepartmental grants and
interdepartmental
transfers............................................ . 203,100 203,100
ADJUSTED GROSS APPROPRIATION............................ $ 456,138,300 $ 453,892,500
Total federal revenues................................... 91,291,300 91,291,300
Total local revenues..................................... 0 0
Total private revenues................................... 7,039,200 7,039,200
Total other state restricted revenues................... 309,695,300 309,445,300
State general fund/general purpose...................... $ 48,112,500 $ 46,116,700
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 46,116,700 46,116,700
One-time state general fund/general purpose.......... 1,995,800 0
Sec. 15-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 141.1 141.1
Unclassified salaries-6.0 FTE positions................. $ 853,700 $ 853,700
Accounting service center................................ 1,555,100 1,555,100
Executive direction-11.6 FTE positions.................. 2,278,800 2,278,800
Finance and operations-105.5 FTE positions.............. 17,214,300 17,214,300
Gifts and pass-through transactions..................... 5,003,600 5,003,600
Legal services-4.0 FTE positions........................ 675,300 675,300
Minerals management-20.0 FTE positions.................. 2,977,700 2,977,700
Natural resources commission............................ 77,100 77,100
Property management...................................... 4,225,300 4,225,300
GROSS APPROPRIATION...................................... $ 34,860,900 $ 34,860,900
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 203,100 203,100
Federal revenues:
Other federal revenues................................... 356,900 356,900
Special revenue funds:
Private revenues......................................... 5,003,600 5,003,600
Other state restricted revenues......................... 25,744,700 25,744,700
State general fund/general purpose...................... $ 3,552,600 $ 3,552,600
Sec. 15-103. DEPARTMENT INITIATIVES
Full-time equated classified positions................ 13.0 13.0
Great Lakes restoration initiative...................... $ 2,905,300 $ 2,905,300
Invasive species prevention and control-13.0
FTE
positions.............................................. 5,085,100 5,085,100
GROSS APPROPRIATION...................................... $ 7,990,400 $ 7,990,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,905,300 2,905,300
Special revenue funds:
State general fund/general purpose...................... $ 5,085,100 $ 5,085,100
Sec. 15-104. COMMUNICATION AND CUSTOMER SERVICES
Full-time equated classified positions................ 137.3 137.3
Marketing and outreach-80.8 FTE positions............... $ 14,705,400 $ 14,705,400
Michigan historical center-56.5 FTE positions........... 7,071,500 7,071,500
Michigan wildlife council................................ 1,600,000 1,600,000
GROSS APPROPRIATION...................................... $ 23,376,900 $ 23,376,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,735,500 2,735,500
Special revenue funds:
Other state restricted revenues......................... 15,497,600 15,497,600
State general fund/general purpose...................... $ 5,143,800 $ 5,143,800
Sec. 15-105. WILDLIFE MANAGEMENT
Full-time equated classified positions................ 230.5 230.5
Natural resources heritage-9.0 FTE positions............ $ 642,900 $ 642,900
Wildlife management-221.5 FTE positions................. 46,042,300 46,042,300
GROSS APPROPRIATION...................................... $ 46,685,200 $ 46,685,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 25,846,200 25,846,200
Special revenue funds:
Private revenues......................................... 315,700 315,700
Other state restricted revenues......................... 16,070,700 16,070,700
State general fund/general purpose...................... $ 4,452,600 $ 4,452,600
Sec. 15-106. FISHERIES MANAGEMENT
Full-time equated classified positions................ 223.5 223.5
Aquatic resource mitigation-2.0 FTE positions........... $ 634,100 $ 634,100
Fish production-63.0 FTE positions...................... 10,549,300 10,549,300
Fisheries resource management-158.5 FTE
positions....... 21,714,000 21,714,000
GROSS APPROPRIATION...................................... $ 32,897,400 $ 32,897,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 11,670,400 11,670,400
Special revenue funds:
Private revenues......................................... 136,700 136,700
Other state restricted revenues......................... 20,548,600 20,548,600
State general fund/general purpose...................... $ 541,700 $ 541,700
Sec. 15-107. LAW ENFORCEMENT
Full-time equated classified positions................ 293.0 293.0
General law enforcement-293.0 FTE positions............. $ 45,768,100 $ 45,768,100
GROSS APPROPRIATION...................................... $ 45,768,100 $ 45,768,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,768,600 6,768,600
Special revenue funds:
Other state restricted revenues......................... 26,371,800 26,371,800
State general fund/general purpose...................... $ 12,627,700 $ 12,627,700
Sec. 15-108. PARKS AND RECREATION DIVISION
Full-time equated classified positions................ 980.0 980.0
Forest recreation and trails-62.9 FTE
positions......... $ 7,466,300 $ 7,441,300
MacMullan conference center-15.0 FTE positions.......... 1,204,000 1,204,000
Michigan conservation corps.............................. 934,400 934,400
Recreational boating-176.6 FTE positions................ 21,406,300 21,356,300
State parks-725.5 FTE positions......................... 80,310,100 80,135,100
State parks improvement revenue bonds - debt
service.... 1,201,800 1,201,800
GROSS APPROPRIATION...................................... $ 112,522,900 $ 112,272,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,819,300 1,819,300
Special revenue funds:
Private revenues......................................... 428,300 428,300
Other state restricted revenues......................... 106,014,600 105,764,600
State general fund/general purpose...................... $ 4,260,700 $ 4,260,700
Sec. 15-109. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions................ 17.0 17.0
Historical facilities system-13.0 FTE
positions......... $ 1,859,800 $ 1,859,800
Mackinac Island State Park operations-4.0 FTE
positions.............................................. 337,900 337,900
GROSS APPROPRIATION...................................... $ 2,197,700 $ 2,197,700
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 1,784,400 1,784,400
State general fund/general purpose...................... $ 413,300 $ 413,300
Sec. 15-110. FOREST RESOURCES DIVISION
Full-time equated classified positions................ 319.5 319.5
Adopt-a-forest program................................... $ 25,000 $ 25,000
Cooperative resource programs-11.0 FTE
positions........ 1,607,200 1,607,200
Forest fire equipment.................................... 931,500 931,500
Forest management and timber market
development-185.0
FTE positions.......................................... 43,827,700 43,827,700
Forest management initiatives-8.5 FTE
positions......... 906,900 906,900
Wildfire protection-115.0 FTE positions................. 15,030,900 15,030,900
GROSS APPROPRIATION...................................... $ 62,329,200 $ 62,329,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,492,500 12,492,500
Special revenue funds:
Private revenues......................................... 1,054,900 1,054,900
Other state restricted revenues......................... 42,002,700 42,002,700
State general fund/general purpose...................... $ 6,779,100 $ 6,779,100
Sec. 15-111. GRANTS
Dam management grant program............................ $ 350,000 $ 350,000
Deer habitat improvement partnership
initiative......... 200,000 200,000
Federal - clean vessel act grants....................... 400,000 400,000
Federal - forest stewardship grants..................... 2,000,000 2,000,000
Federal - land and water conservation fund
payments..... 13,000,000 13,000,000
Federal - rural community fire protection............... 400,000 400,000
Federal - urban forestry grants......................... 900,000 900,000
Fisheries habitat improvement grants.................... 1,250,000 1,250,000
Grants to communities - federal oil, gas, and
timber
payments............................................... 3,450,000 3,450,000
Grants to counties - marine safety...................... 3,074,700 3,074,700
National recreational trails............................ 3,904,200 3,904,200
Nonmotorized trail development and maintenance
grants... 200,000 200,000
Off-road vehicle safety training grants................. 60,000 60,000
Off-road vehicle trail improvement grants............... 5,388,800 5,388,800
Recreation improvement fund grants...................... 916,200 916,200
Recreation passport local grants........................ 2,000,000 2,000,000
Snowmobile law enforcement grants....................... 380,100 380,100
Snowmobile local grants program......................... 8,090,400 8,090,400
Trail easements.......................................... 700,000 700,000
Wildlife habitat improvement grants..................... 1,502,500 1,502,500
GROSS APPROPRIATION...................................... $ 48,166,900 $ 48,166,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 25,621,600 25,621,600
Special revenue funds:
Private revenues......................................... 100,000 100,000
Other state restricted revenues......................... 21,895,300 21,895,300
State general fund/general purpose...................... $ 550,000 $ 550,000
Sec. 15-112. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 10,375,000 $ 10,375,000
GROSS APPROPRIATION...................................... $ 10,375,000 $ 10,375,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 9,164,900 9,164,900
State general fund/general purpose...................... $ 1,210,100 $ 1,210,100
Sec. 15-113. CAPITAL OUTLAY
(1) RECREATIONAL LANDS AND INFRASTRUCTURE
State parks repair and maintenance...................... $ 16,100,000 $ 16,100,000
GROSS APPROPRIATION...................................... $ 16,100,000 $ 16,100,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 14,600,000 14,600,000
State general fund/general purpose...................... $ 1,500,000 $ 1,500,000
(2) WATERWAYS BOATING PROGRAM
Local boating infrastructure maintenance and
improvements........................................... $ 3,322,500 $ 3,322,500
State boating infrastructure maintenance................ 7,752,500 7,752,500
GROSS APPROPRIATION...................................... $ 11,075,000 $ 11,075,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,075,000 1,075,000
Special revenue funds:
Other state restricted revenues......................... 10,000,000 10,000,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 15-114. ONE-TIME APPROPRIATIONS
Fish hatchery energy efficiencies....................... $ 1,995,800 $ 0
GROSS APPROPRIATION...................................... $ 1,995,800 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 1,995,800 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
15-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $357,807,800.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $10,491,100.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF NATURAL RESOURCES
Invasive species prevention and control................................ $ 1,900,000
Dam management grant program........................................... 175,000
Fisheries habitat improvement grants................................... 125,000
Grants to counties - marine safety..................................... 1,407,300
Nonmotorized trail development and
maintenance grants................. 100,000
Off-road vehicle safety training grants................................ 60,000
Off-road vehicle trail improvement grants.............................. 779,400
Recreation improvement fund grants..................................... 91,600
Recreation passport local grants....................................... 2,000,000
Snowmobile law enforcement grants...................................... 380,100
Wildlife habitat improvement grants.................................... 150,200 Local boating infrastructure
maintenance and improvements............... 3,322,500
TOTAL.................................................................... $ 10,491,100
Sec.
15-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
15-203. As used in this article:
(a)
"Department" means the department of natural resources.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
Sec.
15-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
15-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
15-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
15-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
15-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
15-209. 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 and the senate and house fiscal agencies.
Sec.
15-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $10,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for private contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
Sec.
15-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
15-212. 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 senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2021 and September 30,
2022.
Sec.
15-213. 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.
15-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2022 are estimated at
$43,528,600.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $24,387,100.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$19,141,500.00.
Sec.
15-221. (1) In addition to the money appropriated in part 1, there is
appropriated from the following state restricted funds up to the following
amounts to the department of technology, management and budget:
Game
and fish protection fund................................................. $550,300
Michigan
state waterways fund.................................................. 130,700
Park
improvement fund.......................................................... 204,500
Forest
development fund........................................................ 273,500
(2)
In addition to the money appropriated in part 1, there is appropriated from the
following state restricted funds up to the following amounts to the attorney
general:
Game
and fish protection fund................................................. $654,900
Michigan
state waterways fund.................................................. 146,400
(3)
In addition to the money appropriated in part 1, there is appropriated from the
following state restricted funds up to the following amounts to the legislative
auditor general:
Game
and fish protection fund.................................................. $34,800
Michigan
state waterways fund................................................... 12,600
(4)
In addition to the money appropriated in part 1, there is appropriated from the
following state restricted funds up to the following amounts to the department
of treasury:
Game
and fish protection fund............................................... $3,378,900
Michigan
state waterways fund.................................................. 400,200
Michigan
natural resources trust fund....................................... 2,540,800
(5)
In addition to the money appropriated in part 1, there is appropriated from the
following state restricted funds to the civil service commission the amount
calculated for each fund pursuant to section 5 of article XI of the state
constitution of 1963:
(a)
Game and fish protection fund
(b)
Michigan state waterways fund
(c)
Park improvement fund
(d)
Forest development fund
(e)
Michigan natural resources trust fund
(f)
Michigan state parks endowment fund
(g)
Nongame wildlife fund
Sec.
15-222. Pursuant to section 43703(3) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.43703, there is appropriated from the game
and fish protection trust fund to the game and fish protection account of the
Michigan conservation and recreation legacy fund, $6,000,000.00 for the fiscal
year ending September 30, 2022.
Sec.
15-223. The department may contract with or provide grants to local units of
government, institutions of higher education, or nonprofit organizations to
support activities authorized by appropriations in part 1. As used in this
section, contracts and grants include, but are not limited to, contracts and
grants for research, wildlife and fisheries management, forest management,
invasive species monitoring and control, and natural resource-related programs.
DEPARTMENT INITIATIVES
Sec.
15-251. From the amounts appropriated in part 1 for invasive species prevention
and control, the department shall allocate not less than $3,600,000.00 for
grants for the prevention, detection, eradication, and control of invasive
species.
DEPARTMENTAL ADMINISTRATION AND
SUPPORT
Sec.
15-302. The department may charge land acquisition projects appropriated for
the fiscal year ending September 30, 2022, and for prior fiscal years, a
standard percentage fee to recover actual costs, and may use the revenue derived
to support the land acquisition service charges provided for in part 1.
Sec.
15-303. As appropriated in part 1, the department may charge both application
fees and transaction fees related to the exchange or sale of state-owned land
or rights in land authorized by part 21 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.2101 to 324.2165. The fees
shall be set by the director at a rate that allows the department to recover
its costs for providing these services.
WILDLIFE DIVISION
Sec.
15-507. (1) With the authority vested in section 43521 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.43521, the department
may discount the price of antlerless deer licenses to $5.00 for deer management
units 452 and 487 to achieve a harvest or management objective for that
species.
(2)
From the funds appropriated in part 1 for wildlife management, up to
$505,000.00 from the general fund shall be credited to the game and fish
protection account to supplant lost revenue that would otherwise be collected
from full-price antlerless deer licenses sold for deer management units 452 and
487 pursuant to the fees set in section 43527a of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.43527a, if not for the
discount in subsection (1). The state budget director shall authorize the
expenditure of these funds only upon confirmation of the license discount under
subsection (1).
(3)
The department may terminate the discount in subsection (1) once the lost
revenue from that discount reaches $505,000.00.
(4)
Should lost revenue from the discount in subsection (1) not exceed $505,000.00
by a date to be specified by the department, the department shall then
terminate the discount in subsection (1) and allocate the remaining funds to
costs associated with testing deer for chronic wasting disease that were
harvested outside the areas designated by the department as chronic wasting
disease surveillance areas where check stations and drop boxes are available.
(5)
The department shall implement subsection (4) in a form and manner prescribed
by the department.
FOREST RESOURCES DIVISION
Sec.
15-802. From the funds appropriated in part 1, the department shall provide
quarterly reports on the number of acres of state forestland prepared for
timber harvest to the senate and house appropriations subcommittees on natural
resources and the standing committees of the senate and house of
representatives with primary responsibility for natural resources issues. The
department shall complete and deliver these reports by 45 days after the end of
the fiscal quarter.
Sec.
15-803. In addition to the money appropriated in part 1, the department may
receive and expend money from federal sources to provide response to wildfires
as required by a compact with the federal government. If additional expenditure
authorization is required, the department shall notify the state budget office
that expenditure under this section is required. The department shall notify
the house and senate appropriations subcommittees on natural resources and the
house and senate fiscal agencies by November 1 of the expenditures under this
section during the fiscal year ending September 30, 2021.
Sec.
15-807. (1) In addition to the funds appropriated in part 1, there is
appropriated from the disaster and emergency contingency fund up to $800,000.00
to cover department costs related to any disaster as defined in section 2 of
the emergency management act, 1976 PA 390, MCL 30.402.
(2)
Funds appropriated under subsection (1) shall not be expended unless the state
budget director recommends the expenditure and the department notifies the
house and senate committees on appropriations. By December 1 each year, the
department shall provide a report to the senate and house fiscal agencies and
the state budget office on the use of the disaster and emergency contingency
fund during the prior fiscal year.
(3)
If Federal Emergency Management Agency (FEMA) reimbursement is approved for
costs paid from the disaster and emergency contingency fund, the federal
revenue shall be deposited into the disaster and emergency contingency fund.
(4)
Unexpended and unencumbered funds remaining in the disaster and emergency
contingency fund at the close of the fiscal year shall not lapse to the general
fund and shall be carried forward and be available for expenditures in
subsequent fiscal years.
GRANTS
Sec.
15-1001. Federal pass-through funds to local institutions and governments that
are received in amounts in addition to those included in part 1 for grants to
communities - federal oil, gas, and timber payments and that do not require
additional state matching funds are appropriated for the purposes intended. By
November 30, the department shall report to the senate and house appropriations
subcommittees on natural resources, the senate and house fiscal agencies, and
the state budget director on all amounts appropriated under this section during
the fiscal year ending September 30, 2021.
CAPITAL OUTLAY
Sec.
15-1103. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with section 248 of the
management and budget act, 1984 PA 431, MCL 18.1248.
Article 16
DEPARTMENT OF STATE
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
16-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of state are appropriated for the fiscal year
ending September 30, 2022, and are anticipated to be appropriated for the
fiscal year ending September 30, 2023, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations
in this part:
DEPARTMENT OF STATE
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 1,586.0 1,586.0
GROSS APPROPRIATION...................................... $ 252,164,300 $ 252,164,300
Total interdepartmental grants and
interdepartmental
transfers.............................................. 20,000,000 20,000,000
ADJUSTED GROSS APPROPRIATION............................ $ 232,164,300 $ 232,164,300
Total federal revenues................................... 1,460,000 1,460,000
Total local revenues..................................... 0 0
Total private revenues................................... 50,100 50,100
Total other state restricted revenues................... 218,218,600 218,218,600
State general fund/general purpose...................... $ 12,435,600 $ 12,435,600
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 12,435,600 12,435,600
One-time state general fund/general purpose.......... 0 0
Sec. 16-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 130.0 130.0
Secretary of state-1.0 FTE position..................... $ 112,500 $ 112,500
Unclassified salaries-5.0 FTE positions................. 711,800 711,800
Executive direction-30.0 FTE positions.................. 4,779,200 4,779,200
Operations-100.0 FTE positions.......................... 24,537,100 24,537,100
Property management...................................... 9,902,600 9,902,600
Worker's compensation.................................... 122,900 122,900
GROSS APPROPRIATION...................................... $ 40,166,100 $ 40,166,100
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 39,229,200 39,229,200
State general fund/general purpose...................... $ 936,900 $ 936,900
Sec. 16-103. LEGAL SERVICES
Full-time equated classified positions................ 158.0 158.0
Operations-158.0 FTE positions.......................... $ 21,508,100 $ 21,508,100
GROSS APPROPRIATION...................................... $ 21,508,100 $ 21,508,100
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 20,560,100 20,560,100
State general fund/general purpose...................... $ 948,000 $ 948,000
Sec. 16-104. CUSTOMER DELIVERY SERVICES
Full-time equated classified positions................ 1,253.0 1,253.0
Branch operations-916.0 FTE positions................... $ 91,785,500 $ 91,785,500
Central operations-335.0 FTE positions.................. 49,313,500 49,313,500
Motorcycle safety education administration-2.0
FTE
positions.............................................. 647,600 647,600
Motorcycle safety education grants...................... 2,100,000 2,100,000
Organ donor program...................................... 129,100 129,100
GROSS APPROPRIATION...................................... $ 143,975,700 $ 143,975,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 20,000,000 20,000,000
Federal revenues:
Other federal revenues................................... 1,460,000 1,460,000
Special revenue funds:
Private revenues......................................... 50,100 50,100
Other state restricted revenues......................... 120,625,300 120,625,300
State general fund/general purpose...................... $ 1,840,300 $ 1,840,300
Sec. 16-105. ELECTION REGULATION
Full-time equated classified positions................ 45.0 45.0
County clerk education and training fund................ $ 100,000 $ 100,000
Election administration and services-45.0 FTE
positions.............................................. 7,459,700 7,459,700
Fees to local units...................................... 109,800 109,800
GROSS APPROPRIATION...................................... $ 7,669,500 $ 7,669,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 443,500 443,500
State general fund/general purpose...................... $ 7,226,000 $ 7,226,000
Sec. 16-106. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 38,844,900 $ 38,844,900
GROSS APPROPRIATION...................................... $ 38,844,900 $ 38,844,900
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 37,360,500 37,360,500
State general fund/general purpose...................... $ 1,484,400 $ 1,484,400
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
16-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $230,654,200.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $1,343,800.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF STATE
Motorcycle safety education grants..................................... $ 1,308,800
Fees to local units.................................................... 35,000
TOTAL.................................................................... $ 1,343,800
Sec.
16-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
16-203. As used in this article:
(a)
"Department" means the department of State.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
Sec.
16-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
16-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
16-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
16-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal
revenues, and the proportion funded with other revenues.
Sec.
16-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
16-209. 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 and the senate and house fiscal agencies.
Sec.
16-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $7,500,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $50,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
16-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
16-212. 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 senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2021 and September 30,
2022.
Sec.
16-213. 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.
16-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2022 are estimated at
$29,398,500.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $16,470,600.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$12,927,900.00.
Sec.
16-237. All information technology projects funded by appropriations in part 1
must utilize information technology project management best practices and
services as defined or recommended by the enterprise portfolio management
office of the department of technology, management and budget and comply with
the requirements of the state unified information technology environment
methodology as it applies to all information technology project management
processes.
DEPARTMENT OF STATE
Sec.
16-703. From the funds appropriated in part 1, the department of state shall
sell copies of records including, but not limited to, records of motor
vehicles, off-road vehicles, snowmobiles, watercraft, mobile homes, personal
identification cardholders, drivers, and boat operators and shall charge $15.00
per record sold only as authorized in section 208b of the Michigan vehicle
code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222, MCL 28.297, and
sections 80130, 80315, 81114, and 82156 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.80130, 324.80315, 324.81114,
and 324.82156. The revenue received from the sale of records shall be credited
to the transportation administration collection fund created under section 810b
of the Michigan vehicle code, 1949 PA 300, MCL 257.810b. The department of
state shall provide quarterly reports to the state budget director,
legislature, the chairpersons of the relevant appropriations subcommittees, and
the senate and house fiscal agencies. The report shall be provided within 15
days of the close of the quarter and shall include the number of records sold and
the revenues collected.
Sec.
16-704. From the funds appropriated in part 1, the secretary of state may enter
into agreements with the department of corrections for the manufacture of
vehicle registration plates 15 months before the registration year in which the
registration plates will be used.
Sec.
16-705. (1) The department of state may accept gifts, donations, contributions,
and grants of money and other property from any private or public source to
underwrite, in whole or in part, the cost of a departmental publication that is
prepared and disseminated under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923. A private or public funding source may receive written
recognition in the publication and may furnish a traffic safety message, subject
to departmental approval, for inclusion in the publication. The department may
reject a gift, donation, contribution, or grant. The department may furnish
copies of a publication underwritten, in whole or in part, by a private source
to the underwriter at no charge.
(2)
The department of state may sell and accept paid advertising for placement in a
departmental publication that is prepared and disseminated under the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923. The department may charge and
receive a fee for any advertisement appearing in a departmental publication and
shall review and approve the content of each advertisement. The department may
refuse to accept advertising from any person or organization. The department
may furnish a reasonable number of copies of a publication to an advertiser at
no charge.
(3)
Pending expenditure, the funds received under this section shall be deposited
in the Michigan department of state publications fund created by section 211 of
the Michigan vehicle code, 1949 PA 300, MCL 257.211. Funds given, donated, or
contributed to the department from a private source are appropriated and
allocated for the purpose for which the revenue is furnished. Funds granted to
the department from a public source are allocated and may be expended upon
receipt. The department shall not accept a gift, donation, contribution, or
grant if receipt is conditioned upon a commitment of state funding at a future
date. Revenue received from the sale of advertising is appropriated and may be
expended upon receipt.
(4)
Any unexpended revenues received under this section shall be carried over into
subsequent fiscal years and shall be available for appropriation for the
purposes described in this section.
(5)
On March 1 of each year, the department of state shall file a report with the
senate and house of representatives standing committees on appropriations, the
chairpersons of the relevant appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director. The report shall include all of
the following information:
(a)
The amount of gifts, contributions, donations, and grants of money received by
the department under this section for the prior fiscal year.
(b)
A listing of the expenditures made from the amounts received by the department
as reported in subdivision (a).
(c)
A listing of any gift, donation, contribution, or grant of property other than
funding received by the department under this section for the prior year.
(d)
The total revenue received from the sale of paid advertising accepted under
this section and a statement of the total number of advertising transactions.
(6)
In addition to copies delivered without charge as the secretary of state
considers necessary, the department of state may sell copies of manuals and
other publications regarding the sale, ownership, or operation or regulation of
motor vehicles, with amendments, at prices to be established by the secretary
of state. As used in this subsection, the term "manuals and other publications"
includes videos and proprietary electronic publications. All funds received
from sales of these manuals and other publications shall be credited to the
Michigan department of state publications fund.
Sec.
16-707. Funds collected by the department of state under section 211 of the
Michigan vehicle code, 1949 PA 300, MCL 257.211, are appropriated for all
expenses necessary to provide for the costs of the publication. Funds are
allotted for expenditure when they are received by the department of treasury
and shall not lapse to the general fund at the end of the fiscal year.
Sec.
16-708. From the funds appropriated in part 1, the department of state shall
use available balances at the end of the state fiscal year to provide payment
to the department of state police in the amount of $332,000.00 for the services
provided by the traffic accident records program as first appropriated in 1990
PA 196 and 1990 PA 208.
Sec.
16-709. From the funds appropriated in part 1, the department of state may
restrict funds from miscellaneous revenue to cover cash shortages created from
normal branch office operations. This amount shall not exceed $50,000.00 of the
total funds available in miscellaneous revenue.
Sec.
16-711. Collector plate and fund-raising registration plate revenues collected
by the department of state are appropriated and allotted for distribution to
the recipient university or public or private agency overseeing a
state-sponsored goal when received. Distributions shall occur on a quarterly
basis or as otherwise authorized by law. Any revenues remaining at the end of
the fiscal year shall not lapse to the general fund but shall remain available
for distribution to the university or agency in the next fiscal year.
Sec.
16-712. The department of state may produce and sell copies of a training video
designed to inform registered automotive repair facilities of their obligations
under Michigan law. The price shall not exceed the cost of production and
distribution. The money received from the sale of training videos shall revert
to the department of state and be placed in the auto repair facility account.
Sec.
16-713. (1) The department of state, in collaboration with the gift of life
transplantation society or its successor federally designated organ procurement
organization, may develop and administer a public information campaign
concerning the Michigan organ donor program.
(2)
The department of state may solicit funds from any private or public source to
underwrite, in whole or in part, the public information campaign authorized by
this section. The department may accept gifts, donations, contributions, and
grants of money and other property from private and public sources for this
purpose. A private or public funding source underwriting the public information
campaign, in whole or in substantial part, shall receive sponsorship credit for
its financial backing.
(3)
Funds received under this section, including grants from state and federal
agencies, shall not lapse to the general fund at the end of the fiscal year but
shall remain available for expenditure for the purposes described in this
section.
(4)
Funding appropriated in part 1 for the organ donor program shall be used for
producing a pamphlet to be distributed with driver licenses and personal
identification cards regarding organ donations. The funds shall be used to
update and print a pamphlet that will explain the organ donor program and
encourage people to become donors by marking a checkoff on driver license and
personal identification card applications.
(5)
The pamphlet shall include a return reply form addressed to the gift of life
organization. Funding appropriated in part 1 for the organ donor program shall
be used to pay for return postage costs.
(6)
In addition to the appropriations in part 1, the department of state may
receive and expend funds from the organ and tissue donation education fund for
administrative expenses.
(7)
The department must submit a report to the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director by March 1 that provides the amount of revenue
collected by the department of state authorized under this section, the purpose
of each expenditure, and the amount of revenue carried forward.
Sec.
16-715. (1) Any service assessment collected by the department of state from
the user of a credit or debit card under section 3 of 1995 PA 144, MCL 11.23,
may be used by the department for necessary expenses related to that service
and may be remitted to a credit or debit card company, bank, or other financial
institution.
(2)
The service assessment imposed by the department of state for credit and debit
card services may be based either on a percentage of each individual credit or
debit card transaction, or on a flat rate per transaction, or both, scaled to
the amount of the transaction. However, the department shall not charge any
amount for a service assessment which exceeds the costs billable to the
department for service assessments.
(3)
If there is a balance of service assessments received from credit and debit
card services remaining on September 30, the balance may be carried forward to
the following fiscal year and appropriated for the same purpose.
(4)
As used in this section, "service assessment" means and includes
costs associated with service fees imposed by credit and debit card companies
and processing fees imposed by banks and other financial institutions.
Sec.
16-717. (1) The department of state may accept gifts, donations, or
contributions of property from any private or public source to support, in
whole or in part, the operation of a departmental function relating to
licensing, regulation, or safety. The department may recognize a private or
public contributor for making the contribution. The department may reject a
gift, donation, or contribution. Any revenues received under this subsection
may be expended for the departmental functions relating to licensing,
regulation, or safety.
(2)
The department of state shall not accept a gift, donation, or contribution
under subsection (1) if receipt of the gift, donation, or contribution is
conditioned upon a commitment of future state funding.
(3)
On March 1 of each year, the department of state shall file a report with the
senate and house of representatives standing committees on appropriations, the
chairpersons of the relevant appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director. The report shall list any gift,
donation, or contribution received by the department under subsection (1) for
the prior calendar year.
Sec.
16-719. From the funds appropriated in part 1 for election administration and
services, the department of state shall make available at least 1 voting machine
to at least 1 high school per regional prosperity region for the purpose of
allowing pupils to familiarize themselves with the voting procedure through a
simulated election to be determined by the high schools receiving a voting
machine. The voting machines shall be made available to the selected high
schools at no cost to the high school or school district in which the high
school is located.
Sec.
16-723. The funds appropriated in part 1 for county clerk education and
training shall only be used for costs associated with the training of local
clerks in preparation for elections. The department of state shall not allocate
any funds appropriated for county clerk education and training for any other
purposes.
Article 17
DEPARTMENT OF STATE POLICE
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
17-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of state police are appropriated for the fiscal
year ending September 30, 2022, and are anticipated to be appropriated for the
fiscal year ending September 30, 2023, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations
in this part:
DEPARTMENT OF STATE POLICE
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 3.0 3.0
Full-time equated classified positions................ 3,651.0 3,651.0
GROSS APPROPRIATION...................................... $ 773,164,700 $ 763,963,900
Total interdepartmental grants and
interdepartmental
transfers.............................................. 24,816,300 24,816,300
ADJUSTED GROSS APPROPRIATION............................ $ 748,348,400 $ 739,147,600
Total federal revenues................................... 80,953,100 80,953,100
Total local revenues..................................... 4,832,700 4,832,700
Total private revenues................................... 35,000 35,000
Total other state restricted revenues................... 145,998,100 145,998,100
State general fund/general purpose...................... $ 516,529,500 $ 507,328,700
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 501,444,000 507,328,700
One-time state general fund/general purpose.......... 15,085,500 0
Sec. 17-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 3.0 3.0
Full-time equated classified positions................ 81.0 81.0
Unclassified salaries-3.0 FTE positions................. $ 524,600 $ 524,600
Accounting service center................................ 1,506,200 1,506,200
Department services-17.0 FTE positions.................. 5,959,100 5,959,100
Departmentwide........................................... 43,283,700 43,283,700
Executive direction-26.0 FTE positions.................. 4,436,900 4,436,900
Mobile office and system support-38.0 FTE
positions..... 5,440,400 5,440,400
GROSS APPROPRIATION...................................... $ 61,150,900 $ 61,150,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 26,000 26,000
IDG from department of state............................ 1,200 1,200
IDG from department of transportation................... 41,100 41,100
IDG from department of treasury......................... 162,700 162,700
IDG from other restricted funding....................... 192,200 192,200
Interdepartmental transfers.............................. 55,400 55,400
Federal revenues:
Other federal revenues................................... 1,630,900 1,630,900
Special revenue funds:
Local revenues........................................... 8,400 8,400
Michigan merit award trust fund......................... 15,800 15,800
Other state restricted revenues......................... 4,674,100 4,674,100
State general fund/general purpose...................... $ 54,343,100 $ 54,343,100
Sec. 17-103. LAW ENFORCEMENT
Full-time equated classified positions................ 594.0 594.0
Biometrics and identification-58.0 FTE
positions........ $ 9,619,100 $ 9,619,100
Criminal justice information center-155.0 FTE
positions.............................................. 22,076,200 22,076,200
Forensic science-279.0 FTE positions.................... 47,018,300 47,018,300
Grants and community services-47.0 FTE
positions........ 18,038,600 18,038,600
Office of school safety-6.0 FTE positions............... 1,338,400 1,338,400
State 9-1-1 administration-5.0 FTE positions............ 1,110,600 1,110,600
Training-44.0 FTE positions.............................. 8,728,700 8,728,700
GROSS APPROPRIATION...................................... $ 107,929,900 $ 107,929,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state............................ 383,900 383,900
IDG from department of transportation................... 724,000 724,000
IDG from other restricted funding....................... 2,753,400 2,753,400
Interdepartmental transfers.............................. 750,000 750,000
Federal revenues:
Other federal revenues................................... 13,788,900 13,788,900
Special revenue funds:
Local revenues........................................... 919,200 919,200
Private revenues......................................... 20,000 20,000
Other state restricted revenues......................... 37,589,900 37,589,900
State general fund/general purpose...................... $ 51,000,600 $ 51,000,600
Sec. 17-104. MICHIGAN COMMISSION ON LAW ENFORCEMENT
STANDARDS
Full-time equated classified positions................ 20.0 20.0
Standards and training/justice training
grants-20.0
FTE positions.......................................... $ 3,874,900 $ 3,874,900
Justice training grants.................................. 5,810,000 5,810,000
Public safety officers benefit fund..................... 302,600 302,600
Training only to local units............................ 654,500 654,500
GROSS APPROPRIATION...................................... $ 10,642,000 $ 10,642,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 275,000 275,000
Special revenue funds:
Other state restricted revenues......................... 9,750,300 9,750,300
State general fund/general purpose...................... $ 616,700 $ 616,700
Sec. 17-105. FIELD SERVICES
Full-time equated classified positions................ 2,345.0 2,345.0
Investigative services-148.5 FTE positions.............. $ 36,025,900 $ 36,025,900
Post operations-2,166.5 FTE positions................... 357,234,100 363,037,200
Secure cities partnership-30.0 FTE positions............ 8,405,800 8,405,800
GROSS APPROPRIATION...................................... $ 401,665,800 $ 407,468,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of treasury......................... 5,284,800 5,284,800
Interdepartmental transfers.............................. 821,000 821,000
Federal revenues:
Other federal revenues................................... 9,844,600 9,844,600
Special revenue funds:
Local revenues........................................... 1,200,200 1,200,200
Michigan merit award trust fund......................... 853,200 853,200
Other state restricted revenues......................... 51,286,200 51,286,200
State general fund/general purpose...................... $ 332,375,800 $ 338,178,900
Sec. 17-106. SPECIALIZED SERVICES
Full-time equated classified positions................ 611.0 611.0
Commercial vehicle enforcement-211.0 FTE
positions...... $ 31,562,800 $ 31,562,800
Emergency management and homeland
security-64.0 FTE
positions.............................................. 16,544,600 16,544,600
Hazardous materials programs-25.0 FTE
positions......... 23,561,200 23,561,200
Highway safety planning-26.0 FTE positions.............. 18,162,200 18,162,200
Intelligence operations-209.0 FTE positions............. 29,003,800 29,003,800
Secondary road patrol program-1.0 FTE position.......... 13,073,200 13,073,200
Special operations-75.0 FTE positions................... 15,207,600 15,207,600
GROSS APPROPRIATION...................................... $ 147,115,400 $ 147,115,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 11,024,700 11,024,700
IDG from department of treasury......................... 100,000 100,000
Interdepartmental transfers.............................. 1,971,800 1,971,800
Federal revenues:
Other federal revenues................................... 54,453,300 54,453,300
Special revenue funds:
Local revenues........................................... 1,753,200 1,753,200
Private revenues......................................... 15,000 15,000
Other state restricted revenues......................... 29,352,600 29,352,600
State general fund/general purpose...................... $ 48,444,800 $ 48,444,800
Sec. 17-107. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 29,575,200 $ 29,656,800
GROSS APPROPRIATION...................................... $ 29,575,200 $ 29,656,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state............................ 3,400 3,400
IDG from department of transportation................... 364,700 364,700
IDG from department of treasury......................... 122,800 122,800
IDG from other restricted funding....................... 11,500 11,500
Interdepartmental transfers.............................. 21,700 21,700
Federal revenues:
Other federal revenues................................... 960,400 960,400
Special revenue funds:
Local revenues........................................... 951,700 951,700
Michigan merit award trust fund......................... 3,400 3,400
Other state restricted revenues......................... 12,472,600 12,472,600
State general fund/general purpose...................... $ 14,663,000 $ 14,744,600
Sec. 17-108. ONE-TIME APPROPRIATIONS
Michigan joint task force on jail and pretrial
incarceration.......................................... $ 10,200,000 $ 0
Trooper school........................................... 4,885,500 0
GROSS APPROPRIATION...................................... $ 15,085,500 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 15,085,500 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
17-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $662,527,600.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $18,253,300.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF STATE POLICE
Justice training grants................................................ $ 4,655,200
Training only to local units........................................... 654,500
Secondary road patrol program.......................................... 12,943,600
TOTAL................................................................... $ 18,253,300
Sec.
17-202. The appropriations authorized under this article are subject to the management
and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
17-203. As used in this part and part 1:
(a)
"CJIS" means Criminal Justice Information Systems.
(b)
"Department" means the department of state police.
(c)
"Director" means the director of the department.
(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.
Sec.
17-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
17-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
17-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
17-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
17-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
17-209. 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 and the senate and house fiscal agencies.
Sec.
17-210. (1) In addition to the funds appropriated in part 1, there is appropriated
an amount not to exceed $8,500,000.00 for federal contingency funds. These
funds are not available for expenditure until they have been transferred to
another line item in this article 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 $5,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $200,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
17-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
17-212. 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 senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2021 and September 30,
2022.
Sec.
17-213. 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.
17-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2022 are estimated at
$138,955,600.00. From this amount, total department appropriations for
pension-related legacy costs are estimated at $83,109,900.00. Total department
appropriations for retiree health care legacy costs are estimated at
$55,845,700.00.
Sec.
17-221. 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.
17-222. 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.
17-226. (1) When the department provides contractual services to a local unit
of government, the department shall be reimbursed for all costs incurred in
providing the services, including, but not limited to, retirement and overtime
costs.
(2)
The department shall define service cost models for those services requiring
reimbursement.
(3)
Contractual services provided to an entity other than a local unit of
government may be provided by department personnel, but only on an overtime
basis outside the normal work schedule of the personnel.
(4)
This section does not apply to services provided to state agencies.
(5)
Revenues received for contractual or reimbursed services in excess of the
appropriation in part 1 are appropriated and may be received and expended by
the department for the purposes for which funds are received.
(6)
If additional authorization is approved in the statewide integrated
governmental management application (SIGMA) by the state budget office under
this section, the department shall notify the subcommittees and the senate and
house fiscal agencies within 10 days after the approval. The notification shall
include the amount and funding source of the additional authorization, the date
of its approval, and the projected use of funds to be expended.
Sec.
17-227. 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.
17-228. 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.
17-229. (1) The department may accept monetary and nonmonetary gifts, bequests,
donations, contributions, or grants from any private or public source to
support, in whole or in part, a departmental function or program. The
department shall expend or use such gifts, bequests, donations, contributions,
or grants for the purposes designated by the private or public source, if the
purpose is specified.
(2)
Revenue collected by the department under this section that is unexpended and
unencumbered shall not lapse to the general fund but shall be carried forward
to the subsequent fiscal year.
Sec.
230. (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)
If additional authorization is approved in the statewide integrated
governmental management application (SIGMA) by the state budget office under
this section, the department shall notify the subcommittees and the senate and
house fiscal agencies within 10 days after the approval. The notification shall
include the amount and funding source of the additional authorization, the date
of its approval, and the projected use of funds to be expended.
LAW ENFORCEMENT
Sec.
17-401. (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 222,
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.
17-402. (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 outreach activities targeted to criminal
justice agencies. The department shall report the number of these outreach
activities conducted, as provided under section 222.
(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)
In accordance with applicable state and federal laws and regulations, the
department shall provide for the maintenance and dissemination of criminal
history records and juvenile records, including to the extent necessary to
exchange criminal history records information with the Federal Bureau of
Investigation and other states through the interstate identification index, the
National Crime Information Center, and other federal CJIS databases and
indices.
(7)
In accordance with applicable state and federal laws, the department shall
provide for the maintenance of records, including criminal history records
regarding firearms licensure, as provided in 1927 PA 372, MCL 28.421 to 28.435.
(8)
The department shall provide a report to the legislature on concealed pistol
licensing not later than January 1 that includes all of the following:
(a)
The department's actual revenue received from fees paid for concealed pistol
license (CPL) applications for the prior fiscal year and the uses of that
revenue.
(b)
The department's prior fiscal year costs for administering its concealed pistol
licensing responsibilities under 1927 PA 372, MCL 28.421 to 28.435, but not
including costs related to the administration of other state statutes or
requirements of federal law.
(9)
The department shall provide information on the number of background checks
processed through the internet criminal history access tool (ICHAT), as
provided in section 222.
(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.
17-403. (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 the following data as provided in section 222:
(a)
The average turnaround time for processing forensic evidence across all
disciplines.
(b)
Forensic laboratory staffing levels, including scientists in training, and
vacancies.
(c)
The number of backlogged cases in each discipline.
Sec.
17-404. (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 222.
(3)
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.
17-405. Not later than December 1, the department shall submit a report to the
subcommittees and senate and house fiscal agencies that includes, but is not
limited to, all of the following information:
(a)
Sexual assault kit analysis backlog at the beginning of the prior fiscal year.
(b)
The number of sexual assault kits collected or submitted for analysis during
the prior fiscal year.
(c)
The number of sexual assault kits analyzed and the number of associated DNA
profiles created and uploaded during the prior fiscal year.
(d)
Sexual assault kit analysis backlog at the ending of the prior fiscal year.
(e)
The average turnaround time to analyze sexual assault kits and to create and
upload associated DNA profiles for the prior fiscal year.
Sec.
17-406. The department shall provide administrative support for the following
grant and community service programs:
(a)
The operations of the automobile theft prevention authority.
(b)
Administration of the Edward Byrne memorial justice assistance program and
other grant programs, as well as the department's community policing efforts.
(c)
Administration of the office of school safety.
(d)
Administration and outreach for of the OK2Say program.
Sec.
17-407. 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 incidents of school safety and analysis of school
safety grants, recommendations on best practices and other safety measures to
ensure school safety in this state.
COMMISSION ON LAW ENFORCEMENT
STANDARDS
Sec.
17-501. MCOLES shall establish standards for the selection, employment,
training, education, licensing, and revocation of all law enforcement officers
and provide the basic law enforcement training curriculum for law enforcement
training academy programs statewide.
Sec.
17-502. The general fund/general purpose funds appropriated in part 1 for the
public safety officers benefit fund shall be deposited into the restricted
public safety officers benefit fund created in section 3 of 2004 PA 46, MCL
28.633. All funds in the restricted public safety officers benefit fund are
appropriated and available for expenditure in accordance with section 3 of 2004
PA 46, MCL 28.633.
FIELD SERVICES
Sec.
17-601. (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 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.
17-602. The department shall identify and apprehend criminals through criminal
investigations in this state.
Sec.
17-603. (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.
17-604. The department shall provide fire investigation training and
investigative assistance to public safety agencies in this state.
SPECIALIZED SERVICES
Sec.
17-701. (1) The department shall operate the Michigan intelligence operation
center for homeland security as this state's primary federally designated
fusion center to receive, analyze, gather, and disseminate threat- related
information among federal, state, local, tribal, and private sector partners.
(2)
The department shall ensure public safety by providing public and private
sector partners with timely and accurate information regarding critical
information key resource threats as reported to or discovered by the Michigan
intelligence operations center for homeland security and shall increase public
awareness on how to report suspicious activity through website or telephone
communications.
Sec.
17-702. (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 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 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.
Sec.
17-703. (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)
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.
17-704. (1) The department shall coordinate the mitigation, preparation,
response, and recovery activities of municipal, county, state, and federal
governments, and other governmental entities, for all hazards, disasters, and
emergencies.
(2)
The state director of emergency management may expend money appropriated under
part 1 to call upon any agency or department of the state or any resource of
the state to protect life or property or to provide for the health or safety of
the population in any area of this state in which the governor proclaims a
state of emergency or state of disaster under 1945 PA 302, MCL 10.31 to 10.33,
or under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. The
state director of emergency management may expend the amounts the director considers
necessary to accomplish these purposes. The director shall submit to the state
budget director, as soon as possible, a complete report of all actions taken
under the authority of this section. The report shall contain, as a separate
item, a statement of all money expended that is not reimbursable from federal
funding. The state budget director shall review the expenditures and submit
recommendations to the legislature in regard to any possible need for a
supplemental appropriation.
(3)
In addition to the funds appropriated in part 1, the department may receive and
expend money from local, private, federal, or state sources for the purpose of
providing emergency management training to local or private interests and for
the purpose of supporting emergency preparedness, response, recovery, and
mitigation activity. If additional expenditure authorization in the statewide
integrated governmental management application (SIGMA) is approved by the state
budget office under this section, the department and the state budget office
shall notify the subcommittees and the senate and house fiscal agencies within
10 days after the approval. The notification shall include the amount and
source of the additional authorization, the date of its approval, and the
projected use of funds to be expended under the authorization.
(4)
The department shall foster, promote, and maintain partnerships to protect this
state and homeland from all hazards.
(5)
The department shall conduct sessions to enhance safe response in the event of
natural or manmade incidents, emergencies, or disasters.
(6)
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.
Sec.
17-705. 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.
17-706. (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.
17-801. (1) Funds appropriated in part 1 for the Michigan joint task force on
jail and pretrial incarceration must be used to support the development and
delivery of training for law enforcement, dispatch, and jail officers in the
areas of behavioral health and victim services, in accordance with task force
recommendations.
(2)
The unexpended funds appropriated in part 1 for the Michigan joint task force
on jail and pretrial incarceration are designated as a work project
appropriation, and any unencumbered or unallotted funds shall not lapse at the
end of the fiscal year and shall be available for expenditures for projects
under this section until the projects have 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 support the development and delivery of
training for law enforcement, dispatch, and jail officers, in accordance with
task force recommendations.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of the project is $10,200,000.00.
(d)
The estimated completion date is September 30, 2026.
Article 18
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
18-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of technology, management and budget are
appropriated for the fiscal year ending September 30, 2022, and are anticipated
to be appropriated for the fiscal year ending September 30, 2023, from the funds
indicated in this part. The following is a summary of the appropriations and
anticipated appropriations in this part:
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 3,141.0 3,141.0
GROSS APPROPRIATION...................................... $ 1,699,769,800 $ 1,639,769,800
Total interdepartmental grants and
interdepartmental
transfers.............................................. 1,057,210,900 1,057,210,900
ADJUSTED GROSS APPROPRIATION............................ $ 642,558,900 $ 582,558,900
Total federal revenues................................... 5,129,800 5,129,800
Total local revenues..................................... 2,328,700 2,328,700
Total private revenues................................... 134,700 134,700
Total other state restricted revenues................... 121,020,600 121,020,600
State general fund/general purpose...................... $ 513,945,100 $ 453,945,100
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 453,945,100 453,945,100
One-time state general fund/general purpose.......... 60,000,000 0
Sec. 18-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 859.5 859.5
Unclassified salaries-6.0 FTE positions................. $ 975,000 $ 975,000
Administrative services-173.5 FTE positions............. 26,156,400 26,156,400
Budget and financial management-178.0 FTE
positions..... 38,380,000 38,380,000
Building operation services-255.0 FTE
positions......... 93,951,500 93,951,500
Bureau of labor market information and
strategies-44.0
FTE positions.......................................... 5,889,900 5,889,900
Business support services-104.0 FTE positions........... 13,471,100 13,471,100
Design and construction services-40.0 FTE
positions..... 6,870,600 6,870,600
Executive operations-12.0 FTE positions................. 2,460,900 2,460,900
Motor vehicle fleet-39.0 FTE positions.................. 82,017,200 82,017,200
Office of the state employer-14.0 FTE
positions......... 1,723,300 1,723,300
Property management...................................... 8,529,100 8,529,100
GROSS APPROPRIATION...................................... $ 280,425,000 $ 280,425,000
Appropriated from:
Interdepartmental
grant revenues:
IDG from department of health and human
services........ 740,300 740,300
IDG from department of licensing and
regulatory
affairs................................................ 100,000 100,000
IDG from other restricted funding....................... 202,462,900 202,462,900
Federal revenues:
Other federal revenues................................... 5,129,800 5,129,800
Special revenue funds:
Local revenues........................................... 52,100 52,100
Private revenues......................................... 134,700 134,700
Other state restricted revenues......................... 26,336,300 26,336,300
State general fund/general purpose...................... $ 45,468,900 $ 45,468,900
Sec. 18-103. TECHNOLOGY SERVICES
Full-time equated classified positions................ 1,641.5 1,641.5
Education services-33.0 FTE positions................... $ 4,871,900 $ 4,871,900
Enterprise identity management-17.0 FTE positions....... 9,693,200 9,693,200
General services-356.5 FTE positions.................... 132,585,700 132,585,700
Health and human services-656.5 FTE positions........... 585,504,200 585,504,200
Homeland security initiative/cyber
security-25.0 FTE
positions.............................................. 14,149,200 14,149,200
Information technology investment fund.................. 35,000,000 35,000,000
Michigan public safety communications
system-137.0 FTE
positions.............................................. 48,583,200 48,583,200
Public protection-162.5 FTE positions................... 64,161,900 64,161,900
Resources services-154.5 FTE positions.................. 21,967,700 21,967,700
Transportation services-99.5 FTE positions.............. 38,983,400 38,983,400
GROSS APPROPRIATION...................................... $ 955,500,400 $ 955,500,400
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 848,074,800 848,074,800
Special revenue funds:
Local revenues........................................... 2,276,600 2,276,600
State general fund/general purpose...................... $ 105,149,000 $ 105,149,000
Sec. 18-104. STATEWIDE APPROPRIATIONS
Professional development fund - AFSCME.................. $ 50,000 $ 50,000
Professional development fund - MPE, SEIU,
scientific
and engineering unit................................... 100,000 100,000
Professional development fund - MPE, SEIU,
technical
unit................................................... 50,000 50,000
Professional development fund - NEREs................... 200,000 200,000
Professional development fund - UAW..................... 700,000 700,000
GROSS APPROPRIATION...................................... $ 1,100,000 $ 1,100,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 1,100,000 1,100,000
Special revenue funds:
State general fund/general purpose...................... $ 0 $ 0
Sec. 18-105. SPECIAL PROGRAMS
Full-time equated classified positions................ 181.0 181.0
Office of children's ombudsman-14.0 FTE
positions....... $ 2,121,900 $ 2,121,900
Property management - executive/legislative............. 1,279,700 1,279,700
Retirement services-167.0 FTE positions................. 25,772,000 25,772,000
GROSS APPROPRIATION...................................... $ 29,173,600 $ 29,173,600
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 25,679,000 25,679,000
State general fund/general purpose...................... $ 3,494,600 $ 3,494,600
Sec. 18-106. STATE BUILDING AUTHORITY RENT
State building authority rent - community
colleges...... $ 32,681,600 $ 32,681,600
State building authority rent - state agencies.......... 68,293,700 68,293,700
State building authority rent - universities............ 130,595,300 130,595,300
GROSS APPROPRIATION...................................... $ 231,570,600 $ 231,570,600
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 231,570,600 $ 231,570,600
Sec. 18-107. CIVIL SERVICE COMMISSION
Full-time equated classified positions................ 459.0 459.0
Agency services-115.0 FTE positions..................... $ 17,416,600 $ 17,416,600
Employee benefits-25.0 FTE positions.................... 7,821,100 7,821,100
Executive direction-45.0 FTE positions.................. 10,464,200 10,464,200
Human resources operations-274.0 FTE positions.......... 35,258,400 35,258,400
Information technology services and projects............ 3,625,200 3,625,200
GROSS APPROPRIATION...................................... $ 74,585,500 $ 74,585,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 50,506,200 50,506,200
State general fund/general purpose...................... $ 24,079,300 $ 24,079,300
Sec. 18-108. CAPITAL OUTLAY
Enterprisewide special maintenance for state
facilities............................................. $ 28,000,000 $ 28,000,000
Major special maintenance, remodeling, and
additions
for state agencies..................................... 3,800,000 3,800,000
GROSS APPROPRIATION...................................... $ 31,800,000 $ 31,800,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 3,800,000 3,800,000
Special revenue funds:
State general fund/general purpose...................... $ 28,000,000 $ 28,000,000
Sec. 18-109. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 35,614,700 $ 35,614,700
GROSS APPROPRIATION...................................... $ 35,614,700 $ 35,614,700
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 932,900 932,900
Special revenue funds:
Other state restricted revenues......................... 18,499,100 18,499,100
State general fund/general purpose...................... $ 16,182,700 $ 16,182,700
Sec. 18-110. ONE-TIME APPROPRIATIONS
Advanced persistent cyber threats....................... $ 20,000,000 $ 0
Enterprisewide special maintenance for state
facilities............................................. 15,000,000 0
Green revolving fund..................................... 5,000,000 0
Information technology investment fund.................. 15,000,000 0
Legal services........................................... 5,000,000 0
GROSS APPROPRIATION...................................... $ 60,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 60,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
18-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $634,965,700.00 and state spending from state resources to be paid to local
units of government for fiscal year 2022 is $0.00.
Sec.
18-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
18-203. As used in this article:
(a)
"AFSCME" means American Federation of State, County, and Municipal
Employees.
(b)
"COBRA" means the consolidated omnibus budget reconciliation act of
1985, Public Law 99-272, 100 Stat 82.
(c)
"Department" means the department of technology, management and
budget.
(d)
"Director" means the director of the department.
(e)
"FTE" means full-time equated.
(f)
"IDG" means interdepartmental grant.
(g)
"JCOS" means the joint capital outlay subcommittee.
(h)
"MPE" means the Michigan Public Employees.
(i)
"NERE" means nonexclusively represented employees.
(j)
"SEIU" means Service Employees International Union.
(k)
"SIGMA" means statewide integrated governmental management
applications.
(l)
"State building authority" means the authority created under 1964 PA
183, MCL 830.411 to 830.425.
(m)
"UAW" means the United Automobile, Aerospace, and Agricultural
Implement Workers of America.
Sec.
18-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
18-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
18-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
18-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
18-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal services
that are the responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those outside services
that the attorney general authorizes.
Sec.
18-209. 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 and the senate and house fiscal agencies.
Sec.
18-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $4,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $8,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $150,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
18-211. From the funds appropriated in part 1, the department shall maintain a
searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(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.
18-212. 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 senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2021 and September 30,
2022.
Sec.
18-213. 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.
18-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2022 are estimated at
$81,709,000.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $45,777,800.00. Total agency
appropriations for retiree health care legacy costs are estimated at $35,931,200.00.
DEPARTMENT OF TECHNOLOGY, MANAGEMENT
AND BUDGET
Sec.
18-802. Proceeds in excess of necessary costs incurred in the conduct of
transfers or auctions of state surplus, salvage, or scrap property made
pursuant to section 267 of the management and budget act, 1984 PA 431, MCL
18.1267, are appropriated to the department to offset costs incurred in the
acquisition and distribution of surplus property. The department shall provide
consolidated Internet auction services through the state's contractors for all
local units of government.
Sec.
18-803. (1) The department may receive and expend funds in addition to those
authorized by part 1 for maintenance and operation services provided
specifically to other principal executive departments or state agencies, the
legislative branch, the judicial branch, or private tenants, or provided in
connection with facilities transferred to the operational jurisdiction of the
department.
(2)
The department may receive and expend funds in addition to those authorized by
part 1 for real estate, architectural, design, engineering, and project
oversight services provided specifically to other principal executive
departments or state agencies, the legislative branch, the judicial branch,
universities, community colleges, or private tenants.
(3)
The department may receive and expend funds in addition to those authorized in
part 1 for mail pickup and delivery services provided specifically to other
principal executive departments and state agencies, the legislative branch, or
the judicial branch.
(4)
The department may receive and expend funds in addition to those authorized in
part 1 for purchasing services provided specifically to other principal
executive departments and state agencies, the legislative branch, or the judicial
branch.
(5)
Fee revenue collected by the department from user fees under subsections
(1)-(4) shall be carried forward and shall not lapse to the state general fund
at the close of the fiscal year.
Sec.
18-804. (1) Financing in part 1 for statewide appropriations shall be funded by
assessments against longevity and insurance appropriations throughout state
government in a manner prescribed by the department. Funds shall be used as
specified in joint labor/management agreements or through the coordinated
compensation hearings process. Any deposits made under this subsection and any
unencumbered funds are restricted revenues, may be carried over into the
succeeding fiscal years, and are appropriated.
(2)
In addition to the funds appropriated in part 1 for statewide appropriations,
the department may receive and expend funds in such additional amounts as may
be specified in joint labor/management agreements or through the coordinated
compensation hearings process in the same manner and subject to the same
conditions as prescribed in subsection (1).
Sec.
18-805. To the extent a specific appropriation is required for a detailed
source of financing included in part 1 for the department appropriations
financed from special revenue and internal service and pension trust funds, or
SIGMA user charges, the specific amounts are appropriated within the special
revenue internal service and pension trust funds in portions not to exceed the
aggregate amount appropriated in part 1.
Sec.
18-806. In addition to the funds appropriated in part 1 to the department, the
department may receive and expend funds from other principal executive
departments and state agencies to implement administrative leave bank transfer
provisions as may be specified in joint labor/management agreements. The
amounts may also be transferred to other principal executive departments and
state agencies under the joint agreement and any amounts transferred under the
joint agreement are authorized for receipt and expenditure by the receiving
principal executive department or state agency. Any amounts received by the
department under this section and intended, under the joint labor/management
agreements, to be available for use beyond the close of the fiscal year and any
unencumbered funds may be carried over into the succeeding fiscal year.
Sec.
18-807. Financing in part 1 for SIGMA shall be funded by proportionate charges
assessed against the respective state funds benefiting from this project in the
amounts determined by the department.
Sec.
18-808. (1) Deposits against the interdepartmental grant from building
occupancy and parking charges appropriated in part 1 shall be collected, in
part, from state agencies, the legislative branch, and the judicial branch
based on estimated costs associated with maintenance and operation of buildings
managed by the department. To the extent excess revenues are collected due to
estimates of building occupancy charges exceeding actual costs, the excess
revenues may be carried forward into succeeding fiscal years for the purpose of
returning funds to state agencies.
(2)
Appropriations in part 1 to the department, for management and budget services
for building occupancy charges and parking charges, may be increased to return
excess revenue collected to state agencies.
Sec.
18-809. On a quarterly basis, the department shall notify the chairpersons of
the senate and house of representatives standing committees on appropriations,
the chairpersons of the senate and house of representatives standing committees
on appropriations subcommittees on general government, the house and senate
fiscal agencies, and the state budget director on any revisions either
individually or in the aggregate that increase or decrease current contracts by
more than $500,000.00 for computer software development, hardware acquisition,
or quality assurance.
Sec.
18-810. From the funds appropriated in part 1, the department shall maintain an
Internet website that contains notice of all solicitations, invitations for
bids, and requests for proposals over $50,000.00 issued by the department or by
any state agency operating under delegated authority, except for solicitations
up to $500,000.00 in accordance with department policy regarding providing
opportunities to Michigan small businesses, geographically disadvantaged
business enterprises, Michigan veteran-owned businesses, Michigan service
disabled veteran owned businesses, or Michigan recognized community
rehabilitation organizations, or in situations where it would be in the best
interest of this state and documented by the department. This information must
appear on the first page of each department or state agency dashboard. The
department shall not set the due date for acceptance of an invitation for bid
or request for proposal to less than 14 days after the notice is made available
on the Internet website, except in situations where it would be in the best
interest of this state and documented by the department. In addition to the
requirements of this section, the department may advertise the solicitations,
invitations for bids, and requests for proposals in any manner the department
determines appropriate, in order to give the greatest number of individuals and
businesses the opportunity to respond, or make bids or requests for proposals.
Sec.
18-811. The department may receive and expend funds from the Vietnam veterans
memorial monument fund as provided in the Michigan Vietnam veterans memorial
act, 1988 PA 234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated
when received and may be expended upon receipt.
Sec.
18-812. The Michigan veterans memorial park commission may receive and expend
money from any source, public or private, including, but not limited to, gifts,
grants, donations of money, and government appropriations, for the purposes
described in Executive Order No. 2001-10. Funds are appropriated and allocated
when received and may be expended upon receipt. Any deposits made under this
section and unencumbered funds are restricted revenues and may be carried over
into succeeding fiscal years.
Sec.
18-813. (1) Funds in part 1 for motor vehicle fleet are appropriated to the
department for administration and for the acquisition, lease, operation,
maintenance, repair, replacement, and disposal of state motor vehicles.
(2)
The appropriation in part 1 for motor vehicle fleet shall be funded by revenue
from rates charged to principal executive departments and agencies for
utilizing vehicle travel services provided by the department. Revenue in excess
of the amount appropriated in part 1 from the motor transport fund and any
unencumbered funds are restricted revenues and may be carried over into the
succeeding fiscal year.
(3)
Pursuant to the department's authority under sections 213 and 215 of the
management and budget act, 1984 PA 431, MCL 18.1213 and 18.1215, the department
shall maintain a plan regarding the operation of the motor vehicle fleet. The
plan shall include the number of vehicles assigned to, or authorized for use
by, state departments and agencies, efforts to reduce travel expenditures, the
number of cars in the motor vehicle fleet, the number of miles driven by fleet
vehicles, and the number of gallons of fuel consumed by fleet vehicles. The
plan shall include a calculation of the amount of state motor vehicle fuel taxes
that would have been incurred by fleet vehicles if fleet vehicles were required
by law to pay motor fuel taxes. The plan shall include a description of fleet
garage operations, the goods sold and services provided by the fleet garage,
the cost to operate the fleet garage, the number of fleet garage locations, and
the number of employees assigned to each fleet garage. The plan may be adjusted
during the fiscal year based on needs and cost savings to achieve the maximum
value and efficiency from the state motor fleet. Within 60 days after the close
of the fiscal year, the department shall provide a report to the senate and
house of representatives standing committees on appropriations, the
chairpersons of the relevant appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director detailing the current plan and
changes made to the plan during the fiscal year. The plan shall also be posted
on the department website.
(4)
The department may charge state agencies for fuel cost increases that exceed
$3.04 per gallon of unleaded gasoline. The department shall notify state
agencies, in writing or by electronic mail, at least 30 days before
implementing additional charges for fuel cost increases. Revenues received from
these charges are appropriated upon receipt.
(5)
The state budget director, upon notification to the senate and house of
representatives standing committees on appropriations, may adjust spending
authorization and the IDG from motor transport fund in the department in order
to ensure that the appropriations for motor vehicle fleet in the department's
budget equal the expenditures for motor vehicle fleet in the budgets for all
executive branch agencies.
Sec.
18-814. The department shall develop a plan regarding the use of the funds
appropriated in part 1 for the information technology investment fund. The plan
shall include, but not be limited to, a description of proposed information
technology investment projects, the time frame for completion of the information
technology investment projects, the proposed cost of the information technology
investment projects, the number of employees assigned to implement each
information technology investment project, the contracts entered into for each
information technology investment project, and any other information the
department deems necessary. The plan shall be distributed to the senate and
house of representatives standing committees on appropriations subcommittees on
general government, the senate and house fiscal agencies, and the state budget
director on a quarterly basis. The submitted plan shall also include
anticipated spending reductions or overages for each of the proposed
information technology investment projects. The department shall notify the
senate and house of representatives standing committees on appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director when a project funded under an information technology
investment project line item in part 1 is expected to require a transfer of
dollars from another project in excess of $500,000.00.
Sec.
18-814a. The funds appropriated in part 1 for the information technology
investment fund shall be used for the modernization of state information
technology systems, improvement of the state's cyber security framework, and to
achieve efficiencies.
Sec.
18-815. In addition to the general fund/general purpose appropriations for
special maintenance, remodeling, and additions for state agencies in part 1,
there is appropriated related federal and state restricted funds up to the
amounts that will be earned based upon the initiatives undertaken with the
funds in part 1. The state budget director shall determine and authorize the
appropriate manner for implementing this section. The department shall notify
the senate and house general government appropriations subcommittees and any
other relevant senate and house appropriations subcommittee within 10 days of
effectuating appropriations under this section.
Sec.
18-816. In addition to the general fund/general purpose appropriations for
enterprisewide information technology investments in part 1, there is
appropriated related federal and state restricted funds up the amounts that
will be earned based upon the initiatives undertaken with the funds in part 1.
The state budget director shall determine and authorize the appropriate manner
for implementing this section.
Sec.
18-818. In addition to the funds appropriated in part 1, the department may
receive and expend money from the Michigan law enforcement officers memorial
monument fund as provided in the Michigan law enforcement officers memorial
act, 2004 PA 177, MCL 28.781 to 28.787.
Sec.
18-820. The department shall make available to the public a list of all parcels
of real property owned by the state that are available for purchase. The list
shall be posted on the internet through the department's website.
Sec.
18-822. The department shall compile a report by January 1 pertaining to the
salaries of unclassified employees, and gubernatorial appointees, within all
state departments and agencies. The report shall enumerate each unclassified
employee and gubernatorial appointee and his or her annual salary rounded to
the nearest thousand dollars. The report shall be distributed to the chairs of
the senate and house of representatives standing committees on appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director and be made available electronically.
Sec.
18-822c. The funds appropriated in part 1 shall not be used to support any
staff effort, projects, consultant expenses, or any other activity related to
the development, financing, construction, operation, or implementation of the
Gordie Howe International Crossing or any successor project unless the project
is approved by the legislature and signed into law.
Sec.
18-822g. The department shall report quarterly to the senate and house of
representatives standing committees on appropriations, the senate and house appropriations
subcommittees on general government, and the senate and house fiscal agencies
on legal service fund expenditures. The report shall itemize expenditures by
case, purpose, and department involved and shall include expenditures related
to all previously appropriated funds.
Sec.
18-822m. (1) From the funds appropriated in part 1, the department shall
establish a system that collaborates with other departments to keep track of
the performance of vendors in fulfilling contract obligations. The performance
of these vendors shall be recorded and used as a factor to determine future
contracts awarded in the procurement process.
(2)
By March 15 the department shall provide a complete listing of all state
departments and agencies that have not complied with the requirements of this
section by March 1. The report listing noncompliant state departments and
agencies shall be submitted no later than March 15 to the chairpersons of the
house and senate appropriations subcommittees on general government, the house
and senate fiscal agencies, and the state budget director.
INFORMATION TECHNOLOGY
Sec.
18-823. (1) The department may sell and accept paid advertising for placement
on any state website under its jurisdiction. The department shall review and
approve the content of each advertisement. The department may refuse to accept
advertising from any person or organization or require modification to
advertisements based upon criteria determined by the department. Revenue
received under this subsection shall be used for operating costs of the
department and for future technology enhancements to state of Michigan
e-government initiatives. Funds received under this subsection shall be limited
to $250,000.00. Any funds in excess of $250,000.00 shall be deposited in the
state general fund.
(2)
The department may accept gifts, donations, contributions, bequests, and grants
of money from any public or private source to assist with the underwriting or
sponsorship of state webpages or services offered on those webpages. A private
or public funding source may receive recognition in the webpage. The department
may reject any gift, donation, contribution, bequest, or grant.
(3)
Funds accepted by the department under subsection (1) or (2) are appropriated
and allotted when received and may be expended upon approval of the state
budget director. The state budget office shall notify the senate and house of
representatives standing committees on appropriations subcommittees on general
government and the senate and house fiscal agencies within 10 days after the
approval is given. The department shall provide a report to the senate and
house of representatives appropriations subcommittees on general government,
the house and senate fiscal agencies, and the state budget director that
details the funds accepted for the prior fiscal year by November 1.
Sec.
18-824. The department may enter into agreements to supply spatial information
and technical services to other principal executive departments, state
agencies, local units of government, and other organizations. The department
may receive and expend funds in addition to those authorized in part 1 for
providing information and technical services, publications, maps, and other
products. The department may expend amounts received for salaries, supplies,
and equipment necessary to provide informational products and technical
services.
Sec.
18-825. The legislature shall have access to all historical and current data
contained within SIGMA, or its predecessor, pertaining to state departments.
State departments shall have access to all historical and current data
contained within SIGMA or its predecessor.
Sec.
18-826. When used in this part and part 1, information technology services
means services involving all aspects of managing and processing information,
including, but not limited to, all of the following:
(a)
Application and mobile development and maintenance.
(b)
Desktop computer support and management.
(c)
Cyber security.
(d)
Social media.
(e)
Mainframe computer support and management.
(f)
Cloud services support and management, including but not limited to,
infrastructure as a service, platform as a service, and software as a service.
(g)
Local area network support and management, including, but not limited to, wired
and wireless network build-out, support, and management.
(h)
Information technology project management.
(i)
Information technology procurement and contract management.
(j)
Telecommunication services, infrastructure, and support.
Sec.
18-827. (1) Funds appropriated in part 1 for the Michigan public safety
communications system shall be expended upon approval of an expenditure plan by
the state budget director.
(2)
The department shall assess all subscribers of the Michigan public safety
communications system reasonable access and maintenance fees and shall deposit
the fees in the Michigan public safety communications systems fees fund.
(3)
All money received by the department under this section shall be expended for
the support and maintenance of the Michigan public safety communications
system.
(4)
The department must provide a report to the senate and house of representatives
standing committees on appropriations, the senate and house fiscal agencies,
and the state budget office by April 15, indicating the amount of revenue
collected under this section and expended for support and maintenance of the
Michigan public safety communication system for the immediately preceding
6-month period. Any deposits made under this section and unencumbered funds are
restricted revenues and shall be carried forward into succeeding fiscal years.
Sec.
18-828. The department shall submit a report for fiscal quarters 1-3 to the
senate and house of representatives standing committees on appropriations
subcommittees on general government, the house and senate fiscal agencies, and
the state budget director not later than 45 calendar days after each fiscal
quarter. The report shall include the following:
(a)
The estimated total amount of funding appropriated for information technology
services and projects, by funding source, for all principal executive
departments and agencies for each fiscal quarter.
(b)
A listing of the expenditures made from the amounts received by the department
as reported in subdivision (a).
Sec.
18-831. The department shall submit monthly invoices for information technology
services provided by the department either directly or through contracted
vendors during that month to departments or agencies by no later than 45 days
after receiving approval to pay vendor invoices from departments and agencies
for the information technology services provided.
Sec.
18-833. (1) The state budget director, upon notification to the senate and
house of representatives standing committees on appropriations, may adjust
spending authorization and user fees in the department in order to ensure that
the appropriations for information technology in the department equal the
appropriations for information technology in the budgets for all executive
branch agencies.
(2)
If during the course of the fiscal year a transfer or supplemental to or from
the information technology line item within an agency budget is made under
section 393 of the management and budget act, 1984 PA 431, MCL 18.1393, there
is appropriated an equal amount of user fees in the department to accommodate
an increase or decrease in spending authorization.
Sec.
18-834. (1) Revenue collected from licenses issued under the antenna site
management project shall be deposited into the antenna site management
revolving fund created for this purpose in the department. The department may
receive and expend money from the fund for costs associated with the antenna
site management project, including the cost of a third-party site manager. Any
excess revenue remaining in the fund at the close of the fiscal year shall be
proportionately transferred to the appropriate state restricted funds as
designated in statute or by constitution.
(2)
An antenna shall not be placed on any site pursuant to this section without
complying with the respective local zoning codes and local unit of government
processes.
Sec.
18-835. (1) In addition to the funds appropriated in part 1, the funds
collected by the department for supplying census-related information and
technical services, publications, statistical studies, population projections
and estimates, and other demographic products are appropriated for all expenses
necessary to provide the required services. These funds are available for
expenditure when they are received and may be carried forward into the next
succeeding fiscal year.
(2)
The department must submit a report to the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget office by March 1 that provides the amount of revenue
collected by the department from the authorization in subsection (1) and the
amount of revenue carried forward.
Sec.
18-837. All information technology projects funded by appropriations in part 1
must utilize information technology project management best practices and
services as defined or recommended by the enterprise portfolio management
office of the department and comply with the requirements of the state unified
information technology environment methodology as it applies to all information
technology project management processes.
STATE BUILDING AUTHORITY RENT
Sec.
18-842. (1) The state building authority rent appropriations in part 1 may also
be expended for the payment of required premiums for insurance on facilities
owned by the state building authority or payment of costs that may be incurred
as the result of any deductible provisions in such insurance policies.
(2)
If the amount appropriated in part 1 for state building authority rent is not
sufficient to pay the rent obligations and insurance premiums and deductibles
identified in subsection (1) for state building authority projects, there is
appropriated from the general fund of the state the amount necessary to pay
such obligations.
CIVIL SERVICE COMMISSION
Sec.
18-850. (1) In accordance with section 5 of article XI of the state
constitution of 1963, all restricted funds shall be assessed a sum not less
than 1% of the total aggregate payroll paid from those funds for financing the
civil service commission on the basis of actual 1% restricted sources total
aggregate payroll of the classified service for the preceding fiscal year. This
includes, but is not limited to, restricted funds appropriated in part 1 of any
appropriations act. Unexpended 1% appropriated funds shall be returned to each
1% fund source at the end of the fiscal year.
(2)
The appropriations in part 1 are estimates of actual charges based on payroll
appropriations. With the approval of the state budget director, the commission
is authorized to adjust financing sources for civil service charges based on
actual payroll expenditures, provided that such adjustments do not increase the
total appropriation for the civil service commission.
(3)
The financing from restricted sources shall be credited to the civil service
commission by the end of the second fiscal quarter.
Sec.
18-851. Except where specifically appropriated for this purpose, financing from
restricted sources shall be credited to the civil service commission. For
restricted sources of funding within the general fund that have the legislative
authority for carryover, if current spending authorization or revenues are
insufficient to accept the charge, the shortage shall be taken from
carryforward balances of that funding source. Restricted revenue sources that
do not have carryforward authority shall be utilized to satisfy commission
operating deducts first and civil service obligations second. General fund
dollars are appropriated for any shortfall, pursuant to approval by the state
budget director.
Sec.
18-852. The appropriation in part 1 to the civil service commission, for
state-sponsored group insurance, flexible spending accounts, and COBRA,
represents amounts, in part, included within the various appropriations
throughout state government for the current fiscal year to fund the flexible
spending account program included within the civil service commission. Deposits
against state-sponsored group insurance, flexible spending accounts, and COBRA
for the flexible spending account program shall be made from assessments levied
during the current fiscal year in a manner prescribed by the civil service
commission. Unspent employee contributions to the flexible spending accounts
may be used to offset administrative costs for the flexible spending account program,
with any remaining balance of unspent employee contributions to be lapsed to
the general fund.
CAPITAL OUTLAY
Sec.
18-860. As used in sections 861 through 867 of this part:
(a)
"Board" means the state administrative board.
(b)
"Community college" means a community college organized under the
community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under part
25 of the revised school code, 1976 PA 451, MCL 380.1601 to 380.1607, and does
not include a state agency or university.
(c)
"University" means a 4-year university supported by the state.
University does not include a community college or a state agency.
Sec.
18-861. Each capital outlay project authorized in this part and part 1 or any
previous capital outlay act shall comply with the procedures required by the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
18-864. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with the provisions of section
248 of the management and budget act, 1984 PA 431, MCL 18.1248.
Sec.
18-865. (1) A site preparation economic development fund is created in the
department. As used in this section, "economic development sites"
means those state-owned sites declared as surplus property pursuant to section
251 of the management and budget act, 1984 PA 431, MCL 18.1251, that would
provide economic benefit to the area or to the state. The Michigan Economic
Development Corporation board and the state budget director shall determine
whether or not a specific state-owned site qualifies for inclusion in the fund
created under this subsection.
(2)
Proceeds from the sale of any sites designated in subsection (1) shall be
deposited into the fund created in subsection (1) and shall be available for
site preparation expenditures, unless otherwise provided by law. The economic
development sites authorized in subsection (1) are authorized for sale
consistent with state law. Expenditures from the fund are authorized for site
preparation activities that enhance the marketable sale value of the sites.
Site preparation activities include, but are not limited to, demolition,
environmental studies and abatement, utility enhancement, and site excavation.
(3)
A cash advance in an amount of not more than $25,000,000.00 is authorized from
the general fund to the site preparation economic development fund.
(4)
An annual report shall be transmitted to the senate and house of
representatives standing committees on appropriations not later than December
31 of each year. This report shall detail both of the following:
(a)
The revenue and expenditure activity in the fund for the preceding fiscal year.
(b)
The sites identified as economic development sites under subsection (1).
CAPITAL OUTLAY - UNIVERSITIES AND
COMMUNITY COLLEGES
Sec.
18-873. (1) This section applies only to projects for community colleges.
(2)
State support is directed towards the remodeling and additions, special
maintenance, or construction of certain community college buildings. The
community college shall obtain or provide for site acquisition and initial main
utility installation to operate the facility. Funding shall be composed of
local and state shares and not more than 50% of a capital outlay project, not
including a lump-sum special maintenance project or remodeling and addition
project, for a community college shall be appropriated from state and federal
funds, unless otherwise appropriated by the legislature.
(3)
An expenditure under this part and part 1 is authorized when the release of the
appropriation is approved by the board upon the recommendation of the director.
The director may recommend to the board the release of any appropriation in
part 1 only after the director is assured that the legal entity operating the
community college to which the appropriation is made has complied with this
part and part 1 and has matched the amounts appropriated as required by this
part and part 1. A release of funds in part 1 shall not exceed 50% of the total
cost of planning and construction of any project, not including lump-sum
remodeling and additions and special maintenance, unless otherwise appropriated
by the legislature. Further planning and construction of a project authorized
by this part and part 1 or applicable sections of the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594, shall be in accordance with the
purpose and scope as defined and delineated in the approved program statements
and planning documents. This part and part 1 are applicable to all projects for
which planning appropriations were made in previous acts.
(4)
The community college shall take the steps necessary to secure available
federal construction and equipment money for projects funded for construction
in this part and part 1 if an application was not previously made. If there is
a reasonable expectation that a prior year unfunded application may receive
federal money in a subsequent year, the college shall take whatever action
necessary to keep the application active.
Sec.
18-874. If university and community college matching revenues are received in
an amount less than the appropriations for capital projects contained in this
part and part 1, the state funds shall be reduced in proportion to the amount
of matching revenue received.
Sec.
18-875. (1) The director may require that community colleges and universities
that have an authorized project listed in part 1 submit documentation regarding
the project match and governing board approval of the authorized project not
more than 60 days after the beginning of the fiscal year.
(2)
If the documentation required by the director under subsection (1) is not
submitted, or does not adequately authenticate the availability of the project
match or board approval of the authorized project, the authorization may
terminate. The authorization terminates 30 days after the director notifies the
JCOS of the intent to terminate the project unless the JCOS convenes to extend
the authorization.
ONE-TIME APPROPRIATIONS
Sec.
18-901. (1) The green revolving fund is created within the state treasury. The
state treasurer may receive money or other assets from any source for deposit
into the green revolving fund. The state treasurer shall direct the investment
of the green revolving fund. The state treasurer shall credit to the green
revolving fund interest and earnings from green revolving fund investments.
(2)
Money in the green revolving fund at the close of the fiscal year shall remain
in the green revolving fund and shall not lapse to the general fund.
(3)
From the funds appropriated in part 1 for the green revolving fund,
$5,000,000.00 from the state general fund/general purpose is deposited in the
green revolving fund created in subsection (1) and is appropriated for energy
efficiency and renewable energy projects.
(4)
The department will provide oversight and direction for the green revolving
fund and shall coordinate a call for projects and prioritize the award of
projects that will contribute to a reduction in the state's carbon footprint.
(5)
The department shall set terms with agencies participating in the green
revolving fund program that include the project(s) scope, funding commitments,
data collection and reporting requirements, and any other financial terms
related to realization of energy savings related to implementation of the
project(s). The department may enter into a memorandum of understanding to
memorialize these terms.
(6)
Energy savings generated by a project shall be paid to the green revolving fund
in future years by a participating agency in a manner and under the terms
determined by the department as described in subsection (5). Funds received in
addition to the appropriation in subsection (3) to the green revolving fund are
appropriated and may be expended in a manner consistent with the purposes of
the fund outlined in subsection (3).
Article 19
DEPARTMENT OF TRANSPORTATION
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
19-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of transportation are appropriated for the
fiscal year ending September 30, 2022, and are anticipated to be appropriated
for the fiscal year ending September 30, 2023, from the funds indicated in this
part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF TRANSPORTATION
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 2,936.3 2,936.3
GROSS APPROPRIATION...................................... $ 5,236,519,200 $ 5,344,680,000
Total interdepartmental grants and
interdepartmental
transfers.............................................. 4,044,800 4,044,800
ADJUSTED GROSS APPROPRIATION............................ $ 5,232,474,400 $ 5,340,635,200
Total federal revenues................................... 1,448,519,000 1,473,328,400
Total local revenues..................................... 80,782,000 80,782,000
Total private revenues................................... 900,000 900,000
Total other state restricted revenues................... 3,702,273,400 3,785,624,800
State general fund/general purpose...................... $ 0 $ 0
State
general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 0 0
One-time state general fund/general purpose.......... 0 0
Sec. 19-102. DEBT SERVICE
Airport safety and protection plan...................... $ 3,438,700 $ 3,438,700
Blue Water Bridge fund................................... 6,809,800 6,809,800
Comprehensive transportation............................ 10,899,800 10,899,800
Economic development..................................... 11,485,600 11,485,600
Local bridge fund........................................ 2,330,400 2,330,400
State trunkline.......................................... 218,679,300 218,679,300
GROSS APPROPRIATION...................................... $ 253,643,600 $ 253,643,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 50,582,100 50,582,100
Special revenue funds:
Other state restricted revenues......................... 203,061,500 203,061,500
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
CTF grant to civil service commission................... $ 250,000 $ 250,000
CTF grant to department of attorney general............. 107,600 107,600
CTF grant to department of treasury..................... 46,900 46,900
CTF grant to legislative auditor general................ 43,200 43,200
CTF grant to department of technology,
management and
budget................................................. 34,500 34,500
MTF grant to department of environment, Great
Lakes,
and energy.............................................. 1,491,400 1,491,400
MTF grant to department of treasury..................... 3,011,900 3,011,900
MTF grant to legislative auditor general................ 350,200 350,200
MTF grant to department state for collection
of
revenue and fees....................................... 20,000,000 20,000,000
SAF grant to civil service commission................... 150,000 150,000
SAF grant to department of attorney general............. 188,200 188,200
SAF grant to department of treasury..................... 84,100 84,100
SAF grant to legislative auditor general................ 33,800 33,800
SAF grant to department of technology,
management and
budget................................................. 28,000 28,000
STF grant to civil service commission................... 6,321,000 6,321,000
STF grant to department of attorney general............. 2,123,200 2,123,200
STF grant to department of state police................. 12,154,500 12,154,500
STF grant to department of treasury..................... 148,800 148,800
STF grant to legislative auditor general................ 813,500 813,500
STF grant to department of technology,
management and
budget................................................. 1,177,900 1,177,900
GROSS APPROPRIATION...................................... $ 48,558,700 $ 48,558,700
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 48,558,700 48,558,700
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-104. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 251.3 251.3
Unclassified salaries-6.0 FTE positions................. $ 853,400 $ 853,400
Asset management council................................. 1,876,400 1,876,400
Business support services-41.0 FTE positions............ 6,727,800 6,727,800
Commission audit-29.3 FTE positions..................... 3,553,000 3,553,000
Economic development and enhancement
programs-10.0 FTE
positions.............................................. 1,723,300 1,723,300
Finance, contracts, and support services-171.0
FTE
positions.............................................. 22,352,900 22,352,900
Property management...................................... 6,957,400 6,957,400
Worker's compensation.................................... 1,721,800 1,721,800
GROSS APPROPRIATION...................................... $ 45,766,000 $ 45,766,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 4,044,800 4,044,800
Special revenue funds:
Other state restricted revenues......................... 41,721,200 41,721,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-105. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 39,512,400 $ 39,512,400
GROSS APPROPRIATION...................................... $ 39,512,400 $ 39,512,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 520,500 520,500
Special revenue funds:
Other state restricted revenues......................... 38,991,900 38,991,900
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-106. TRANSPORTATION PLANNING
Full-time equated classified positions................ 136.0 136.0
Grants to regional planning councils.................... $ 488,800 $ 488,800
Planning services-136.0 FTE positions................... 41,656,400 41,656,400
GROSS APPROPRIATION...................................... $ 42,145,200 $ 42,145,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 24,000,000 24,000,000
Special revenue funds:
Other state restricted revenues......................... 18,145,200 18,145,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-107. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions................ 1,506.3 1,506.3
Business services-157.0 FTE positions................... $ 23,551,900 $ 23,551,900
Program development and delivery-1,012.3 FTE
positions.. 96,634,600 96,634,600
System operations management-337.0 FTE
positions........ 56,892,400 56,892,400
GROSS APPROPRIATION...................................... $ 177,078,900 $ 177,078,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 23,529,800 23,529,800
Special revenue funds:
Other state restricted revenues......................... 153,549,100 153,549,100
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-108. HIGHWAY MAINTENANCE
Full-time equated classified positions................ 880.7 880.7
State trunkline operations-880.7 FTE positions.......... $ 425,881,200 $ 425,881,200
GROSS APPROPRIATION...................................... $ 425,881,200 $ 425,881,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 425,881,200 425,881,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-109. ROAD AND BRIDGE PROGRAMS
Cities and villages...................................... $ 652,686,200 $ 670,446,800
County road commissions.................................. 1,170,643,500 1,202,498,500
Grants to local programs................................. 33,000,000 33,000,000
Local bridge program..................................... 27,812,600 28,392,500
Local federal aid and road and bridge
construction...... 290,587,800 291,014,100
Local agency wetlands mitigation........................ 2,000,000 2,000,000
Movable bridge........................................... 5,553,000 5,664,000
Rail grade crossing...................................... 3,000,000 3,000,000
Rail grade crossing - surface improvements.............. 3,000,000 3,000,000
State trunkline federal aid and road and
bridge
construction........................................... 1,328,645,000 1,385,423,000
GROSS APPROPRIATION...................................... $ 3,516,928,100 $ 3,624,438,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,141,836,600 1,166,646,000
Special revenue funds:
Local revenues........................................... 30,003,500 30,003,500
Other state restricted revenues......................... 2,345,088,000 2,427,789,400
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-111. BLUE WATER BRIDGE
Full-time equated classified positions................ 41.0 41.0
Blue Water Bridge operations-41.0 FTE
positions......... $ 6,714,700 $ 6,714,700
GROSS APPROPRIATION...................................... $ 6,714,700 $ 6,714,700
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 6,714,700 6,714,700
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-112. TRANSPORTATION ECONOMIC DEVELOPMENT
Community service infrastructure fund................... $ 3,000,000 $ 3,000,000
Forest roads............................................. 5,000,000 5,000,000
Rural county primary..................................... 7,650,500 7,650,500
Rural county urban system................................ 2,500,000 2,500,000
Target industries/economic redevelopment................ 15,800,900 15,800,900
Urban county congestion.................................. 7,650,500 7,650,500
GROSS APPROPRIATION...................................... $ 41,601,900 $ 41,601,900
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 41,601,900 41,601,900
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-113. AERONAUTICS SERVICES
Full-time equated classified positions................ 46.0 46.0
Air service program...................................... $ 50,000 $ 50,000
Aviation services-46.0 FTE positions.................... 7,077,700 7,077,700
GROSS APPROPRIATION...................................... $ 7,127,700 $ 7,127,700
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 7,127,700 7,127,700
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-114. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions................ 36.0 36.0
Passenger transportation services-36.0 FTE
positions.... $ 6,040,200 $ 6,040,200
GROSS APPROPRIATION...................................... $ 6,040,200 $ 6,040,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 972,100 972,100
Special revenue funds:
Other state restricted revenues......................... 5,068,100 5,068,100
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-115. LOCAL BUS TRANSIT
Local bus operating...................................... $ 196,750,000 $ 196,750,000
Nonurban operating/capital............................... 30,027,900 30,027,900
GROSS APPROPRIATION...................................... $ 226,777,900 $ 226,777,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 28,027,900 28,027,900
Special revenue funds:
Local revenues........................................... 2,000,000 2,000,000
Other state restricted revenues......................... 196,750,000 196,750,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-116. INTERCITY PASSENGER AND FREIGHT
Full-time equated classified positions................ 39.0 39.0
Detroit/Wayne County Port Authority..................... $ 400,000 $ 400,000
Freight property management.............................. 1,000,000 1,000,000
Intercity services....................................... 8,060,000 8,060,000
Marine passenger service................................. 1,012,000 1,012,000
Office of rail-39.0 FTE positions....................... 6,752,500 6,752,500
Rail operations and infrastructure...................... 104,356,200 104,356,200
GROSS APPROPRIATION...................................... $ 121,580,700 $ 121,580,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 24,500,000 24,500,000
Special revenue funds:
Local revenues........................................... 760,000 760,000
Private revenues......................................... 900,000 900,000
Other state restricted revenues......................... 95,420,700 95,420,700
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-117. PUBLIC TRANSPORTATION DEVELOPMENT
Municipal credit program................................. $ 2,000,000 $ 2,000,000
Service initiatives...................................... 11,304,400 11,304,400
Specialized services..................................... 22,313,900 22,313,900
Transit capital.......................................... 109,070,700 109,070,700
Van pooling.............................................. 195,000 195,000
GROSS APPROPRIATION...................................... $ 144,884,000 $ 144,884,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 48,550,000 48,550,000
Special revenue funds:
Local revenues........................................... 35,510,000 35,510,000
Other state restricted revenues......................... 60,824,000 60,824,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-118. CAPITAL OUTLAY
(1) BUILDINGS
AND FACILITIES
Special maintenance, remodeling and additions........... $ 3,001,500 $ 3,001,500
Salt storage buildings and containment control.......... 2,500,000 2,500,000
GROSS APPROPRIATION...................................... $ 5,501,500 $ 5,501,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 5,501,500 5,501,500
State general fund/general purpose...................... $ 0 $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection, and improvement
program..... $ 121,576,500 $ 121,576,500
Detroit Metropolitan Wayne County Airport............... 5,200,000 5,850,000
GROSS APPROPRIATION...................................... $ 126,776,500 $ 127,426,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 106,000,000 106,000,000
Special revenue funds:
Local revenues........................................... 12,508,500 12,508,500
Other state restricted revenues......................... 8,268,000 8,918,000
State general fund/general purpose...................... $ 0 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
19-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $3,702,273,400.00 and state spending from state resources to be paid to
local units of government for fiscal year 2022 is $2,196,114,200.00. The
itemized statement below identifies appropriations from which spending to local
units of government will occur:
DEPARTMENT OF TRANSPORTATION
Grants to regional planning councils................................... $ 488,800
Cities and villages.................................................... 652,686,200 County road commissions.................................................. 1,170,643,500
Grants to local programs............................................... 33,000,000
Local bridge program................................................... 27,812,600
Local agency wetlands mitigation....................................... 2,000,000
Movable bridge......................................................... 2,776,500
Rail grade crossing.................................................... 1,500,000
Rail grade crossing - surface improvements............................. 3,000,000
Community service infrastructure fund.................................. 3,000,000
Forest roads............................................................ 5,000,000
Rural county primary................................................... 7,650,500
Rural county urban system.............................................. 2,500,000
Target industries/economic redevelopment............................... 9,796,600
Urban county congestion................................................ 7,650,500
Air service program.................................................... 50,000
Local bus operating.................................................... 196,750,000
Detroit/Wayne County Port Authority.................................... 400,000
Marine passenger service............................................... 512,000
Municipal credit program............................................... 2,000,000
Service initiatives.................................................... 9,329,400
Specialized services................................................... 8,228,900
Transit capital........................................................ 41,070,700
Airport safety, protection, and improvement
program................... 3,068,000
Detroit Metropolitan Wayne County Airport.............................. 5,200,000
TOTAL.................................................................... $ 2,196,114,200
Sec.
19-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
19-203. As used in this article:
(a)
"CTF" means comprehensive transportation fund.
(b)
"Department" means the state transportation department.
(c)
"Director" means the director of the department.
(d)
"DOT" means the United States Department of Transportation.
(e)
"DOT-FHWA" means DOT, Federal Highway Administration.
(f)
"FTE" means full-time equated.
(g)
"IDG" means interdepartmental grant.
(h)
"MTF" means Michigan transportation fund.
(i)
"SAF" means state aeronautics fund.
(j)
"STF" means state trunkline fund.
Sec.
19-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include placement
of reports on an Internet or Intranet site.
Sec.
19-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
19-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
19-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
19-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
19-209. 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 and the senate and house fiscal agencies.
Sec.
19-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $40,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for private contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
Sec.
19-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
19-212. 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 senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2021 and September 30,
2022.
Sec.
19-213. 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.
19-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2022 are $66,849,900.00.
From this amount, total agency appropriations for pension-related legacy costs
are estimated at $37,452,900.00. Total agency appropriations for retiree health
care legacy costs are estimated at $29,397,000.00.
Sec.
19-221. To the extent possible, the department shall provide notice to the
speaker of the house, the house minority leader, the senate majority leader,
the senate minority leader, the house and senate standing committees on
transportation, the appropriate house and senate appropriations subcommittees
on transportation, and the house and senate fiscal agencies on proposed federal
rule changes related to the department that would require amendments to the
laws of this state. The notice shall be given within 30 business days of the
proposed federal rule being posted to the Federal Register and shall include a
description of the proposed federal rule, the publication date, the date when
public comment closes, the document citation, and a description of the
statutory changes needed when the rule is finalized.
DEPARTMENTAL ADMINISTRATION AND
SUPPORT
Sec.
19-301. The department may establish a fee schedule and collect fees sufficient
to cover the costs to issue the permits that the department is authorized by
law to issue upon request, unless otherwise stipulated by law. All permit fees
are nonrefundable application fees and shall be credited to the appropriate fund
to recover the direct and indirect costs of receiving, reviewing, and
processing the requests.
Sec.
19-304. If, as a requirement of bidding on a highway project, the department
requires a contractor to submit financial or proprietary documentation as to
how the bid was calculated, that bid documentation shall be kept confidential
and shall not be disclosed other than to a department representative without
the contractor's written consent. The department may disclose the bid documentation
if necessary to address or defend a claim by a contractor.
Sec.
19-306. (1) The amounts appropriated in part 1 to support tax and fee
collection, law enforcement, and other program services provided to the
department and to transportation funds by other state departments shall be
expended from transportation funds pursuant to annual contracts between the
department and those other state departments. The contracts shall be executed
prior to the expenditure or obligation of those funds. The contracts shall
provide, but are not limited to, the following data applicable to each state
department:
(a)
Estimated costs to be recovered from transportation funds.
(b)
Description of services provided to the department and/or transportation funds
and financed with transportation funds.
(c)
Detailed cost allocation methods appropriate to the type of services being
provided and the activities financed with transportation funds.
(2)
Not later than 2 months after publication of the state of Michigan
comprehensive annual financial report, each state department receiving funding
pursuant to an interdepartment contract with the department shall submit a
written report to the department, the state budget director, the house and
senate fiscal agencies, and the auditor general stating by spending
authorization account the amount of estimated funds contracted with the
department, the amount of funds expended, the amount of funds returned to the
transportation funds, and any unreimbursed transportation-related costs
incurred but not billed to transportation funds.
Sec.
19-307. Before March 1 of each year, the department will provide to the
legislature, the state budget director, and the house and senate fiscal
agencies its rolling 5-year plan listing by county or by county road commission
all highway construction projects for the fiscal year and all expected projects
for the ensuing fiscal years.
Sec.
19-310. The department shall provide in a timely manner copies of the agenda,
approved minutes, and audio recording of monthly transportation commission
meetings to the members of the house and senate appropriations subcommittees on
transportation, the house and senate fiscal agencies, and the state budget
director.
Sec.
19-313. (1) From funds appropriated in part 1, the department may increase a
state infrastructure bank program and grant or loan funds in accordance with
regulations of the state infrastructure bank program of the United States
Department of Transportation. The state infrastructure bank is to be
administered by the department for the purpose of providing a revolving,
self-sustaining resource for financing transportation infrastructure projects.
(2)
In addition to funds provided in subsection (1), money received by the state as
federal grants, repayment of state infrastructure bank loans, or other
reimbursement or revenue received by the state as a result of projects funded
by the program and interest earned on that money shall be deposited in the
revolving state infrastructure bank fund and shall be available for transportation
infrastructure projects. At the close of the fiscal year, any unencumbered
funds remaining in the state infrastructure bank fund shall remain in the fund
and be carried forward into the succeeding fiscal year.
Sec.
19-383. (1) The department shall prepare a report on use of department-owned
aircraft during the fiscal year ending September 30, 2021. With respect to each
department-owned aircraft, the report shall include all of the following:
(a)
Total hours of usage.
(b)
Description of specific flights including dates of travel, names of passengers
including state agency, university, or local government affiliation, travel
origin and destination, and total estimated costs associated with the air
travel.
(2)
The report shall be submitted to the senate and house appropriations
subcommittees on transportation, state budget director, and the house and
senate fiscal agencies no later than February 1, 2022.
(3)
The department shall maintain a system for recovering the cost of operating
department-owned aircraft through charges to aircraft users.
Sec.
19-384. (1) Except as otherwise provided in subsection (2), the department
shall not obligate the state to expend any state transportation revenue for
construction planning or construction of the Gordie Howe International Crossing
or a renamed successor. In addition, except as provided in subsection (2), the
department shall not commit the state to any new contract related to the
construction planning or construction of the Gordie Howe International Crossing
or a renamed successor that would obligate the state to expend any state
transportation revenue. An expenditure for staff resources used in connection
with project activities, which expenditure is subject to full and prompt
reimbursement from Canada, shall not be considered an expenditure of state
transportation revenue.
(2)
If the legislature enacts specific enabling legislation for the construction of
the Gordie Howe International Crossing or a renamed successor, subsection (1)
does not apply once the enabling legislation goes into effect.
Sec.
19-385. (1) The department shall submit monthly reports to the state budget
director, the speaker of the house of representatives, the house of
representatives minority leader, the senate majority leader, the senate
minority leader, the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies on all of the
following:
(a)
All expenditures made by the state related to the Gordie Howe Bridge.
(b)
All reimbursements made by Canada under section 384(1) of this part to the
state for expenditures for staff resources used in connection with project
activities.
(c)
All eminent domain and condemnation powers used, the related real estate
involved in any governmental taking, the price paid for those properties, and
the beneficiary's name or associated corporation.
(2)
The initial report required under subsection (1) shall be submitted on or
before December 1, 2021. The initial report shall cover the fiscal year ending
September 30, 2021.
Sec.
19-395. From the funds appropriated in part 1 for state trunkline federal aid
road and bridge construction, the department may expend up to $10,000,000.00 on
highway maintenance activities to support safety-related, high-priority, and
other deferred routine maintenance needs on Michigan's state trunkline network.
Sec.
19-398. The department shall continue to work to eliminate fatalities and
serious injuries on Michigan's trunkline network and shall maintain the Toward
Zero Deaths statewide safety campaign. The department shall prioritize
additional median cable guardrail installation when appropriate to address
trunkline locations with a history of correctable fatal and serious injury
crashes.
FEDERAL
Sec.
19-402. A portion of the federal DOT-FHWA highway research, planning, and
construction funds made available to this state shall be allocated to
transportation programs administered by local jurisdictions in accordance with
section 10o of 1951 PA 51, MCL 247.660o. A local road agency, with respect to a
project approved for federal aid funding in a state transportation improvement
program, may enter into a voluntary buyout agreement with the department or
with another local road agency to exchange the federal aid with state
restricted transportation funds as agreed to by the respective parties. The
state restricted transportation funds received in exchange for federal aid
funds shall be used for the same purpose as the federal aid funds were
originally intended.
MICHIGAN TRANSPORTATION FUND
Sec.
19-501. The money received under the motor carrier act, 1933 PA 254, MCL 475.1
to 479.42, and not appropriated to the department of licensing and regulatory
affairs or the department of state police is deposited in the Michigan
transportation fund.
Sec.
19-503. (1) At the close of the fiscal year, funds appropriated in part 1 for
the transportation economic development program shall lapse to the
transportation economic development fund.
(2)
At the close of the fiscal year, funds appropriated in part 1 for the local
bridge program shall carry forward and are appropriated for the purposes
defined in section 10(5) of 1951 PA 51, MCL 247.660.
(3)
Interest earned in the department of transportation economic development fund
and local bridge fund shall remain in the respective funds and shall be
allocated to the respective programs based on actual interest earned at the end
of each fiscal year.
(4)
In addition to the funds appropriated in part 1, the department of
transportation economic development fund and local bridge fund may receive
federal, local, or private funds or restricted source funds such as interest
earnings. These funds are appropriated for projects that are consistent with
the purposes of the respective funds.
(5)
None of the funds statutorily dedicated to the transportation economic
development fund and local bridge fund shall be diverted to other projects.
Sec.
19-504. Funds from the Michigan transportation fund shall be distributed to the
comprehensive transportation fund, the economic development fund, the
recreation improvement fund, and the state trunkline fund, in accordance with
this part and part 1 and part 711 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.71101 to 324.71108, and may only be used
as specified in this part and part 1, 1951 PA 51, MCL 247.651 to 247.675, and
part 711 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.71101 to 324.71108.
STATE TRUNKLINE FUND
Sec.
19-604. At the close of the fiscal year, any unencumbered and unexpended
balance in the state trunkline fund shall remain in the state trunkline fund
and shall carry forward and is appropriated for federal aid road and bridge
programs for projects contained in the annual state transportation program.
TRANSIT AND RAIL RELATED FUNDS
Sec.
19-701. The department shall establish an intercity bus equipment and facility
fund as a subsidiary fund within the comprehensive transportation fund created
under section 10b of 1951 PA 51, MCL 247.660b. Proceeds received by this state
from the sale of state-owned intercity bus equipment shall be credited to the
intercity bus equipment and facility fund for the purchase and repair of
intercity bus equipment, as appropriated. Security deposits not returned to a
lessee of state-owned intercity bus equipment under terms of the lease
agreement shall be credited to the intercity bus equipment and facility fund
for the repair of intercity bus equipment, as appropriated. Money received by
the department from lease payments for state-owned intercity bus equipment, and
facility maintenance charges under terms of leases of state-owned intercity
facilities, shall be credited to the intercity bus equipment and facility fund
for the purchase and repair of intercity bus equipment or for the maintenance
and rehabilitation of state-owned intercity facilities, as appropriated. At the
close of the fiscal year, any funds remaining in the intercity bus equipment
and facility fund shall remain in the fund and be carried forward into the
succeeding fiscal year.
Sec.
19-702. Money that is received by this state as repayment for loans made for
rail or water freight capital projects, and as a result of the sale of property
or equipment used or projected to be used for rail or water freight projects
shall be deposited in the rail freight fund created by section 17 of the state
transportation preservation act of 1976, 1976 PA 295, MCL 474.67. At the close
of the fiscal year, any funds remaining in the rail freight fund shall remain
in the fund and be carried forward into the succeeding fiscal year.
Sec.
19-706. The Detroit/Wayne County Port Authority shall issue a complete
operations assessment and a financial disclosure statement. The operations
assessment shall include operational goals for the next 5 years and
recommendations to improve land acquisition and development efficiency. The
report shall be completed and submitted to the house of representatives and
senate appropriations subcommittees on transportation, the state budget
director, and the house and senate fiscal agencies by June 30 of each fiscal
year for the prior fiscal year.
Sec.
19-707. (1) Before March 1 of each year, the department will provide to the
legislature, the state budget office, and the house and senate fiscal agencies
its rail strategic plan. The strategic plan shall include, but is not limited
to, a rolling 5-year rail plan and summary of the department's obligations for
programs funded under the appropriation in part 1 for rail operations and infrastructure.
(2)
The rolling 5-year rail plan shall include, but is not limited to, all the
following:
(a)
A listing by county of all rail infrastructure projects on rail lines within
the state utilizing state funds, and the estimated cost of each project.
(b)
The actual or projected state expenditures for operation of passenger rail
service.
(c)
The actual or projected state expenditures for maintenance of passenger service
rail lines.
(3)
The period of the rolling 5-year rail plan includes the current fiscal year and
the 4 fiscal years immediately following the current fiscal year.
(4)
The summary of the department's obligations for programs funded under the
appropriation in part 1 for rail operations and infrastructure shall include a
breakdown of the appropriation by program, year-to-year obligations under each
program itemized by project, and an estimate of future obligations under each
program itemized by project for the remainder of the fiscal year.
Sec.
19-735. For the fiscal year ending September 30, 2022, the appropriation to a
street railway pursuant to section 10e(22) of 1951 PA 51, MCL 247.660e, is $0.
Sec.
19-736. From the funds appropriated in part 1, up to $10,000,000.00 shall be
used for a rail freight development project that supports the delivery,
storage, and distribution of propane in the Upper Peninsula.
AERONAUTICS FUND
Sec.
19-801. Except as otherwise provided in section 903 of this part for capital
outlay, at the close of the fiscal year, any unobligated and unexpended balance
in the state aeronautics fund created in the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.1 to 259.208, shall lapse to the state
aeronautics fund and be appropriated by the legislature in the immediately
succeeding fiscal year.
CAPITAL OUTLAY
Sec.
19-901. (1) From federal-state-local project appropriations contained in part 1
for the purpose of assisting political entities and subdivisions of this state
in the construction and improvement of publicly used airports and landing fields
within this state, the state transportation department may permit the award of
contracts on behalf of units of local government for the authorized locations
not to exceed the indicated amounts, of which the state allocated portion shall
not exceed the amount appropriated in part 1.
(2)
Political entities and subdivisions shall provide not less than 5% of the cost
of any project under this section, unless a total nonfederal share less than
10% is otherwise specified in federal law. State money shall not be allocated
until local money is allocated. State money for any 1 project shall not exceed
1/3 of the total appropriation in part 1 from state funds for airport
improvement programs.
(3)
The Michigan aeronautics commission may take those steps necessary to match
federal money available for airport construction and improvement within this
state and to meet the matching requirements of the federal government. Whether
acting alone or jointly with another political subdivision or public agency or
with this state, a political subdivision or public agency of this state shall
not submit to any agency of the federal government a project application for
airport planning or development unless it is authorized in this part and part 1
and the project application is approved by the governing body of each political
subdivision or public agency making the application and by the Michigan
aeronautics commission.
Sec.
19-903. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with the provisions of section
248 of the management and budget act, 1984 PA 431, MCL 18.1248.
Article 20
DEPARTMENT OF TREASURY
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
20-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of treasury are appropriated for the fiscal
year ending September 30, 2022, and are anticipated to be appropriated for the
fiscal year ending September 30, 2023, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations
in this part:
DEPARTMENT OF TREASURY
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 1,924.5 1,924.5
GROSS APPROPRIATION...................................... $ 2,091,763,800 $ 2,109,854,400
Total interdepartmental grants and
interdepartmental
transfers.............................................. 13,073,500 13,073,500
ADJUSTED GROSS APPROPRIATION............................ $ 2,078,690,300 $ 2,096,780,900
Total federal revenues................................... 27,361,400 27,361,400
Total local revenues..................................... 13,032,000 13,032,000
Total private revenues................................... 31,000 31,000
Total other state restricted revenues................... 1,815,287,700 1,838,378,300
State general fund/general purpose...................... $ 222,978,200 $ 217,978,200
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 217,978,200 217,978,200
One-time state general fund/general purpose.......... 5,000,000 0
Sec. 20-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 442.5 442.5
Unclassified salaries-10.0 FTE positions................ $ 1,126,500 $ 1,126,500
Department services-75.0 FTE positions.................. 9,192,000 9,192,000
Executive direction and operations-64.5 FTE
positions... 9,022,900 9,022,900
Office of accounting services-29.0 FTE
positions........ 3,521,500 3,521,500
Collections services bureau-206.0 FTE
positions......... 29,909,200 29,909,200
Office of financial services-40.0 FTE
positions......... 5,015,500 5,015,500
Property management...................................... 6,882,000 6,882,000
Unclaimed property-28.0 FTE positions................... 5,000,900 5,000,900
Worker's compensation.................................... 170,400 170,400
GROSS APPROPRIATION...................................... $ 69,840,900 $ 69,840,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human
services........ 805,700 805,700
IDG from other restricted funding....................... 8,970,800 8,970,800
Federal revenues:
Other federal revenues................................... 1,014,300 1,014,300
Special revenue funds:
Other state restricted revenues......................... 46,596,400 46,596,400
State general fund/general purpose...................... $ 12,453,700 $ 12,453,700
Sec. 20-103. LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions................ 106.0 106.0
Local finance-18.0 FTE positions........................ $ 2,473,000 $ 2,473,000
Michigan infrastructure council-3.0 FTE
positions....... 845,900 845,900
Property tax assessor training-1.0 FTE
position......... 1,047,500 1,047,500
Supervision of the general property tax
law-84.0 FTE
positions.............................................. 17,764,300 17,764,300
GROSS APPROPRIATION...................................... $ 22,130,700 $ 22,130,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 249,100 249,100
Special revenue funds:
Local revenues........................................... 1,790,300 1,790,300
Other state restricted revenues......................... 4,186,100 4,186,100
State general fund/general purpose...................... $ 15,905,200 $ 15,905,200
Sec. 20-104. TAX PROGRAMS
Full-time equated classified positions................ 753.0 753.0
Bottle act implementation................................ $ 250,000 $ 250,000
Home heating assistance.................................. 3,099,200 3,099,200
Insurance provider assessment program-13.0 FTE
positions.............................................. 2,181,700 2,181,700
Office of revenue and tax analysis-21.0 FTE
positions... 3,964,600 3,964,600
Tax and economic policy-43.0 FTE positions.............. 9,022,900 9,022,900
Tax compliance-318.0 FTE positions...................... 45,216,400 45,216,400
Tax processing-347.0 FTE positions...................... 42,267,800 42,267,800
Tobacco tax enforcement-11.0 FTE positions.............. 1,542,100 1,542,100
GROSS APPROPRIATION...................................... $ 107,544,700 $ 107,544,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 2,427,700 2,427,700
Federal revenues:
Other federal revenues................................... 3,099,200 3,099,200
Special revenue funds:
Other state restricted revenues......................... 82,949,900 82,949,900
State general fund/general purpose...................... $ 19,067,900 $ 19,067,900
Sec. 20-105. FINANCIAL PROGRAMS
Full-time equated classified positions................ 167.0 167.0
State and authority finance-19.0 FTE positions.......... $ 4,533,200 $ 4,533,200
Dual enrollment payments................................. 2,500,000 2,500,000
Investments-81.0 FTE positions.......................... 21,836,100 21,836,100
John R. Justice grant program........................... 288,100 288,100
Student financial assistance programs-67.0 FTE
positions.............................................. 25,166,500 25,166,500
GROSS APPROPRIATION...................................... $ 54,323,900 $ 54,323,900
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 212,900 212,900
Federal revenues:
Other federal revenues................................... 22,633,600 22,633,600
Special revenue funds:
Michigan merit award trust fund......................... 1,216,300 1,216,300
Other state restricted revenues......................... 25,754,500 25,754,500
State general fund/general purpose...................... $ 4,506,600 $ 4,506,600
Sec. 20-106. DEBT SERVICE
Clean Michigan initiative................................ $ 23,771,000 $ 23,771,000
Great Lakes water quality bond.......................... 71,983,000 71,983,000
Quality of life bond..................................... 3,310,000 3,310,000
GROSS APPROPRIATION...................................... $ 99,064,000 $ 99,064,000
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 99,064,000 $ 99,064,000
Sec. 20-107. GRANTS
Convention facility development distribution............ $ 107,887,900 $ 107,887,900
Emergency 911 payments................................... 48,800,000 48,800,000
Health and safety fund grants........................... 1,500,000 1,500,000
Recreational marihuana grants........................... 30,000,000 45,000,000
Senior citizen cooperative housing tax
exemption
program................................................ 11,271,400 11,271,400
Wrongful imprisonment compensation fund................. 10,000,000 10,000,000
GROSS APPROPRIATION...................................... $ 209,459,300 $ 224,459,300
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 188,187,900 203,187,900
State general fund/general purpose...................... $ 21,271,400 $ 21,271,400
Sec. 20-108. BUREAU OF STATE LOTTERY
Full-time equated classified positions................ 200.0 200.0
Lottery information technology services and
projects.... $ 5,376,400 $ 5,376,400
Lottery operations-200.0 FTE positions.................. 28,291,500 28,291,500
GROSS APPROPRIATION...................................... $ 33,667,900 $ 33,667,900
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 33,667,900 33,667,900
State general fund/general purpose...................... $ 0 $ 0
Sec. 20-109. MICHIGAN GAMING CONTROL BOARD
Full-time equated classified positions................ 181.0 181.0
Gaming control administration-151.0 FTE
positions....... $ 29,826,700 $ 29,826,700
Gaming control information technology services
and
projects............................................... 3,480,200 3,480,200
Horse racing-10.0 FTE positions......................... 2,095,200 2,095,200
Michigan gaming control board........................... 50,000 50,000
Millionaire party regulation-20.0 FTE
positions......... 3,109,700 3,109,700
GROSS APPROPRIATION...................................... $ 38,561,800 $ 38,561,800
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 38,561,800 38,561,800
State general fund/general purpose...................... $ 0 $ 0
Sec. 20-110. PAYMENTS IN LIEU OF TAXES
Commercial forest reserve................................ $ 3,368,100 $ 3,368,100
Purchased lands.......................................... 9,971,100 9,971,100
Swamp and tax reverted lands............................ 16,836,200 16,836,200
GROSS APPROPRIATION...................................... $ 30,175,400 $ 30,175,400
Appropriated from:
Special revenue funds:
Private revenues......................................... 31,000 31,000
Other state restricted revenues......................... 6,212,800 6,212,800
State general fund/general purpose...................... $ 23,931,600 $ 23,931,600
Sec. 20-111. REVENUE SHARING
City, village, and township revenue sharing............. $ 261,024,600 $ 261,024,600
Constitutional state general revenue sharing
grants..... 867,302,100 885,152,700
County incentive program................................. 43,418,800 43,418,800
County revenue sharing................................... 183,558,400 183,558,400
Financially distressed cities, villages, or
townships... 2,500,000 2,500,000
GROSS APPROPRIATION...................................... $ 1,357,803,900 $ 1,375,654,500
Appropriated from:
Special revenue funds:
Sales tax................................................ 1,357,803,900 1,375,654,500
State general fund/general purpose...................... $ 0 $ 0
Sec. 20-112. STATE BUILDING AUTHORITY
Full-time equated classified positions................ 3.0 3.0
State building authority-3.0 FTE positions.............. $ 754,300 $ 754,300
GROSS APPROPRIATION...................................... $ 754,300 $ 754,300
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 754,300 754,300
State general fund/general purpose...................... $ 0 $ 0
Sec. 20-113. CITY INCOME TAX ADMINISTRATION PROGRAM
Full-time equated classified positions................ 72.0 72.0
City income tax administration-72.0 FTE
positions....... $ 9,989,800 $ 9,989,800
GROSS APPROPRIATION...................................... $ 9,989,800 $ 9,989,800
Appropriated from:
Special revenue funds:
Local revenues........................................... 9,989,800 9,989,800
State general fund/general purpose...................... $ 0 $ 0
Sec. 20-114. INFORMATION TECHNOLOGY
Treasury operations information technology
services
and projects........................................... $ 43,687,200 $ 43,687,200
GROSS APPROPRIATION...................................... $ 43,687,200 $ 43,687,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 407,300 407,300
Federal revenues:
Other federal revenues................................... 614,300 614,300
Special revenue funds:
Local revenues........................................... 1,251,900 1,251,900
Other state restricted revenues......................... 19,635,900 19,635,900
State general fund/general purpose...................... $ 21,777,800 $ 21,777,800
Sec. 20-115. ONE-TIME APPROPRIATIONS
City, village, and township revenue sharing............. $ 5,220,500 $ 0
County revenue sharing................................... 4,539,500 0
Local first responder recruitment and training
grants... 5,000,000 0
GROSS APPROPRIATION...................................... $ 14,760,000 $ 0
Appropriated from:
Special revenue funds:
Sales tax................................................ 9,760,000 0
State general fund/general purpose...................... $ 5,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2022
GENERAL
SECTIONS
Sec.
20-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for the fiscal year 2022
is $2,038,265,900.00 and state spending from state resources to be paid to
local units of government for fiscal year 2022 is $1,606,398,600.00. The
itemized statement below identifies appropriations from which spending to local
units of government will occur:
DEPARTMENT OF TREASURY
Convention facility development distribution........................... $ 107,887,900
Emergency 911 payments................................................. 26,000,000
Health and safety fund grants.......................................... 1,500,000
Recreational marihuana grants.......................................... 30,000,000
Senior citizen cooperative housing tax
exemption program.............. 11,271,400
Commercial forest reserve.............................................. 3,368,100
Purchased lands........................................................ 9,971,100
Swamp and tax reverted lands........................................... 16,836,200
City, village, and township revenue sharing............................ 266,245,100
Constitutional state general revenue sharing
grants................... 867,302,100
County incentive program............................................... 43,418,800
County revenue sharing................................................. 188,097,900
Financially distressed cities, villages, or
townships................. 2,500,000
Local first responder recruitment and
training grants................. 5,000,000
Airport parking distribution........................................... 27,000,000
TOTAL.................................................................... $ 1,606,398,600
Sec.
20-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
20-203. As used in this article: (a)
"Department" means the department of treasury.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
(e)
"JCOS" means the joint capital outlay subcommittee.
(f)
"MEGA" means the Michigan Economic Growth Authority.
(g)
"RFP" means a request for proposal.
Sec.
20-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement shall include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it shall include
placement of reports on an Internet or Intranet site.
Sec.
20-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should 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.
20-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec.
20-207. Consistent with MCL 18.1217, the departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
20-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
20-209. 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 and the senate and house fiscal agencies.
Sec.
20-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article 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 $10,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $200,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $40,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
20-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget 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 each department or
agency:
(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.
20-212. 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 senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund balances,
state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2021 and September 30,
2022.
Sec.
20-213. 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.
20-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2022 are $41,406,400.00.
From this amount, total agency appropriations for pension-related legacy costs
are estimated at $23,198,100.00. Total agency appropriations for retiree health
care legacy costs are estimated at $18,208,300.00.
Sec.
20-215. Funds appropriated in part 1 shall not be used by this state, a
department, an agency, or an authority of this state to purchase an ownership
interest in a casino enterprise or a gambling operation as those terms are
defined in the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201
to 432.226.
DEPARTMENT OF TREASURY OPERATIONS
Sec.
20-902. (1) Amounts needed to pay for interest, fees, principal, mandatory and
optional redemptions, arbitrage rebates as required by federal law, and costs
associated with the payment, registration, trustee services, credit
enhancements, and issuing costs in excess of the amount appropriated to the
department in part 1 for debt service on notes and bonds that are issued by the
state under sections 14, 15, and 16 of article IX of the state constitution of
1963 as implemented by 1967 PA 266, MCL 17.451 to 17.455, are appropriated.
(2)
In addition to the amount appropriated to the department for debt service in
part 1, there is appropriated an amount for fiscal year cash-flow borrowing
costs to pay for interest on interfund borrowing made under 1967 PA 55, MCL
12.51 to 12.53.
(3)
In addition to the amount appropriated to the department for debt service in
part 1, there is appropriated all repayments received by the state on loans
made from the school bond loan fund not required to be deposited in the school
loan revolving fund by or pursuant to section 4 of 1961 PA 112, MCL 388.984, to
the extent determined by the state treasurer, for the payment of debt service, including,
without limitation, optional and mandatory redemptions, on bonds, notes or
commercial paper issued by the state pursuant to 1961 PA 112, MCL 388.981 to
388.985.
Sec.
20-902a. The department shall notify the senate and house of representatives
standing committees on appropriations, the chairpersons of the relevant
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director not more than 30 days after a refunding or restructuring
bond issue is sold. The notification shall compare the annual debt service
prior to the refinancing or restructuring, the annual debt service after the
refinancing or restructuring, the change in the principal and interest over the
duration of the debt, and the projected change in the present value of the debt
service due to the refinancing and restructuring.
Sec.
20-902b. The department shall report not later than 30 days after the state of
Michigan comprehensive annual financial report is published to the chairpersons
of the senate and house of representatives appropriations subcommittees on
general government, the house and senate fiscal agencies, and the state budget
director on all funds that are controlled or administered by the department and
not appropriated in part 1. This notification can be completed electronically
and the department must notify the recipients when the report is publicly
available. Both the current and any previous reports required under this
section shall be saved and publicly available on the department's public
Internet website and stored in a common location with all other statutory and
boilerplate required reports. The link to the location of the reports shall be
clearly indicated on the main page of the department's Internet website. The
report shall include all of the following information:
(a)
The starting balance for each fund from the previous fiscal year.
(b)
Total revenue generated by both transfers in and investments for each fund in
the previous fiscal year.
(c)
Total expenditures for each fund in the previous fiscal year.
(d)
The ending balance for each fund for the previous fiscal year.
Sec.
20-903. (1) From the funds appropriated in part 1, the department may contract
with private collection agencies and law firms to collect taxes and other accounts
due this state. In addition to the amounts appropriated in part 1 to the
department, there are appropriated amounts necessary to fund collection costs
and fees not to exceed 25% of the collections or 2.5% plus operating costs,
whichever amount is prescribed by each contract. The appropriation to fund
collection costs and fees for the collection of taxes or other accounts due
this state are from the fund or account to which the revenues being collected
are recorded or dedicated. However, if the taxes collected are constitutionally
dedicated for a specific purpose, the appropriation of collection costs and
fees are from the general purpose account of the general fund.
(2)
From the funds appropriated in part 1, the department may contract with private
collections agencies and law firms to collect defaulted student loans and other
accounts due the Michigan guaranty agency. In addition to the amounts
appropriated in part 1 to the department, there are appropriated amounts
necessary to fund collection costs and fees not to exceed 24.34% of the
collection or a lesser amount as prescribed by the contract. The appropriation
to fund collection costs and fees for the auditing and collection of defaulted
student loans due the Michigan guaranty agency is from the fund or account to
which the revenues being collected are recorded or dedicated.
(3)
The department shall submit a report for the immediately preceding fiscal year
ending September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations, and the chairpersons of
the relevant appropriations subcommittees, not later than November 30 stating
the agencies or law firms employed, the amount of collections for each, the
costs of collection, and other pertinent information relating to determining
whether this authority should be continued.
(4)
As a condition of receiving funds appropriated in part 1 for collection
services, the department shall issue an RFP for secondary placement collection
services if RFPs are issued for primary collection services. The RFP shall
allow for a multiple collection contract approach. It shall also allow a bidder
to bid on the entire contract, or for individual components of the contract.
Sec.
20-904. (1) The department, through its bureau of investments, may charge an
investment service fee against the applicable retirement funds. The fees may be
expended for necessary salaries, wages, contractual services, supplies,
materials, equipment, travel, worker's compensation insurance premiums, and
grants to the civil service commission and state employees' retirement funds.
Service fees shall not exceed the aggregate amount appropriated in part 1. The
department shall maintain accounting records in sufficient detail to enable the
retirement funds to be reimbursed periodically for fee revenue that is
determined by the department to be surplus.
(2)
In addition to the funds appropriated in part 1 from the retirement funds to
the department, there is appropriated from retirement funds an amount
sufficient to pay for the services of money managers, investment advisors,
investment consultants, custodians, and other outside professionals, the state
treasurer considers necessary to prudently manage the retirement funds'
investment portfolios. The state treasurer shall report annually to the senate
and house of representatives standing committees on appropriations, the
chairpersons of the relevant appropriations subcommittees, and the state budget
director concerning the performance of each portfolio by investment advisor.
Sec.
20-904a. (1) There is appropriated an amount sufficient to recognize and pay
expenditures for financial services provided by financial institutions or
equivalent vendors that perform these services including treasury as provided
under section 1 of 1861 PA 111, MCL 21.181.
(2)
The appropriations under subsection (1) shall be funded by restricting revenues
from common cash interest earnings and investment earnings in an amount
sufficient to record these expenditures. If the amounts of common cash interest
earnings are insufficient to cover these costs, then miscellaneous revenues
shall be used to fund the remaining balance of these expenditures.
Sec.
20-905. A revolving fund known as the municipal finance fee fund is created in
the department. Fees are established under the revised municipal finance act,
2001 PA 34, MCL 141.2101 to 141.2821, and the fees collected shall be credited
to the municipal finance fee fund and may be carried forward for future appropriation.
Sec.
20-906. (1) The department shall charge for audits as permitted by state or
federal law or under contractual arrangements with local units of government,
other principal executive departments, or state agencies. However, the charge
shall not be more than the actual cost for performing the audit. A report
detailing audits performed and audit charges for the immediately preceding
fiscal year shall be submitted to the state budget director, the chairpersons
of the relevant appropriations subcommittees, and the senate and house fiscal
agencies not later than November 30.
(2)
A revolving fund known as the audit charges fund is created in the department.
The contractual charges collected shall be credited to the audit charges fund
and may be carried forward for future appropriation.
Sec.
20-907. A revolving fund known as the assessor certification and training fund
is created in the department. The assessor certification and training fund
shall be used to organize and operate a property assessor certification and
training program. Each participant certified and trained shall pay to the
department examination fees not to exceed $50.00 per examination and
certification fees not to exceed $175.00. Training courses shall be offered in
assessment administration. Each participant shall pay a fee to cover the
expenses incurred in offering the optional programs to certified assessing
personnel and other individuals interested in an assessment career opportunity.
The fees collected shall be credited to the assessor certification and training
fund.
Sec.
20-908. The amount appropriated in part 1 for the home heating assistance
program is to cover the costs, including data processing, of administering
federal home heating credits to eligible claimants and to administer the
supplemental fuel cost payment program for eligible tax credit and welfare
recipients.
Sec.
20-909. Revenue from the airport parking tax act, 1987 PA 248, MCL 207.371 to
207.383, is appropriated and shall be distributed under section 7a of the
airport parking tax act, 1987 PA 248, MCL 207.377a.
Sec.
20-910. The disbursement by the department from the bottle deposit fund to
dealers as required by section 3c(2) of 1976 IL 1, MCL 445.573c, is
appropriated.
Sec.
20-911. (1) There is appropriated an amount sufficient to recognize and pay
refundable tax credits, tax refunds, and interest as provided by law.
(2)
The appropriations under subsection (1) shall be funded by restricting tax
revenue in an amount sufficient to record these expenditures.
Sec.
20-912. A plaintiff in a garnishment action involving this state shall pay to
the state treasurer 1 of the following:
(a)
A fee of $6.00 at the time a writ of garnishment of periodic payments is served
upon the state treasurer, as provided in section 4012 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.4012.
(b)
A fee of $6.00 at the time any other writ of garnishment is served upon the
state treasurer, except that the fee shall be reduced to $5.00 for each writ of
garnishment for individual income tax refunds or credits filed by magnetic
media.
Sec.
20-913. (1) The department may contract with private firms to appraise and, if
necessary, appeal the assessments of senior citizen cooperative housing units.
Payment for this service shall be from savings resulting from the appraisal or
appeal process.
(2)
Of the funds appropriated in part 1 to the department for the senior citizens'
cooperative housing tax exemption program, a portion may be utilized for a
program audit of the program. The department shall forward copies of any audit
report completed to the senate and house of representatives standing committees
on appropriations subcommittees on general government and to the state budget
director. The department may utilize up to 1% of the funds for program
administration and auditing.
Sec.
20-914. The department may provide a $200.00 annual prize from the Ehlers
internship award account in the gifts, bequests, and deposit fund to the
runner-up of the Rosenthal prize for interns. The Ehlers internship award
account is interest bearing.
Sec.
20-915. Pursuant to section 61 of the Michigan campaign finance act, 1976 PA
388, MCL 169.261, there is appropriated from the general fund to the state
campaign fund an amount equal to the amounts designated for tax year 2020.
Except as otherwise provided in this section, the amount appropriated shall not
revert to the general fund and shall remain in the state campaign fund. Any
amounts remaining in the state campaign fund in excess of $10,000,000.00 on
December 31 shall revert to the general fund.
Sec.
20-916. The department may make available to interested entities otherwise
unavailable customized unclaimed property listings of nonconfidential
information in its possession. The charge for this information is as follows: 1
to 100,000 records at 2.5 cents per record and 100,001 or more records at .5
cents per record. The revenue received from this service shall be deposited to
the appropriate revenue account or fund. The department shall submit an annual
report on or before June 1 to the state budget director and the senate and
house of representatives standing committees on appropriations that states the
amount of revenue received from the sale of information.
Sec.
20-917. (1) There is appropriated for write-offs and advances an amount equal
to total write-offs and advances for departmental programs, but not to exceed
current year authorizations that would otherwise lapse to the general fund.
(2)
The department shall submit a report for the immediately preceding fiscal year
to the state budget director, the chairpersons of the relevant appropriations
subcommittees, and the senate and house fiscal agencies not later than November
30 stating the amounts appropriated for write-offs and advances under subsection
(1) and an explanation for each write-off or advance that occurred.
Sec.
20-919. (1) From funds appropriated in part 1, the department may contract with
private auditing firms to audit for and collect unclaimed property due this
state in accordance with the uniform unclaimed property act, 1995 PA 29, MCL
567.221 to 567.265. In addition to the amounts appropriated in part 1 to the
department, there are appropriated amounts necessary to fund auditing and
collection costs and fees not to exceed 12% of the collections, or a lesser
amount as prescribed by the contract. The appropriation to fund collection
costs and fees for the auditing and collection of unclaimed property due this
state is from the fund or account to which the revenues being collected are
recorded or dedicated.
(2)
The department shall submit a report for the immediately preceding fiscal year
ending September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations, and the chairpersons of
the relevant appropriations subcommittees not later than November 30 stating
the auditing firms employed, the amount of collections for each, the costs of
collection, and other pertinent information relating to determining whether
this authority should be continued.
Sec.
20-920. The department shall produce a listing of all personal property tax
reimbursement payments to be distributed in the current fiscal year by the
local community stabilization authority and shall post the list of payments on
the department website by June 30.
Sec.
20-921. From the funds appropriated in part 1, the department shall notify all
members of the Michigan legislature on any revenue administrative bulletins,
administrative rules involving tax administration or collection, or notices
interpreting changes in law. The notification shall be issued no later than 5
business days after the guidance is posted and shall include at least the
following:
(a)
A summary of the proposed changes from current procedures.
(b)
Identification of potential industries that will be affected by the bulletin,
notice, or rule.
(c)
A discussion of the potential fiscal implications of the bulletin, notice, or
rule. This subdivision does not apply to a bulletin, notice, or rule that is a
routine update of a tax or interest rate required by statute.
(d)
A summary of the reason for the proposed changes.
Sec.
20-924. (1) In addition to the funds appropriated in part 1, the department may
receive and expend principal residence audit fund revenue for administration of
principal residence audits under the general property tax act, 1893 PA 206, MCL
211.1 to 211.155.
(2)
The department shall submit a report for the immediately preceding fiscal year
to the state budget director, the chairpersons of the relevant appropriations
subcommittees, and the senate and house fiscal agencies not later than December
31 stating the amount of exemptions denied and the revenue received under the
program.
Sec.
20-926. Unexpended appropriations of the John R. Justice grant program are
designated as work project appropriations and shall not lapse at the end of the
fiscal year and shall continue to be available for expenditure 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 student loan forgiveness to qualified
public defenders and prosecutors.
(b)
The project will be accomplished by utilizing state employees or contracts with
private vendors, or both.
(c)
The total estimated cost of the project is $288,100.00.
(d)
The tentative completion date is September 30, 2023.
Sec.
20-927. The department shall submit annual progress reports to the senate and
house of representatives standing committees on appropriations subcommittees on
general government and the senate and house fiscal agencies, regarding
essential service assessment audits. The report shall include the number of
audits, revenue generated, and number of complaints received by the department
related to the audits.
Sec.
20-928. The department may provide receipt, check and cash processing, data,
collection, investment, fiscal agent, levy and check cost assessment, writ of
garnishment, and other user services on a contractual basis for other principal
executive departments and state agencies. Funds for the services provided are
appropriated and shall be expended for salaries and wages, fees, supplies, and
equipment necessary to provide the services. Any unobligated balance of the
funds received shall revert to the general fund of this state as of September
30.
Sec.
20-930. (1) The department shall provide accounts receivable collections
services to other principal executive departments and state agencies under 1927
PA 375, MCL 14.131 to 14.134. The department shall deduct a fee equal to the
cost of collections from all receipts except unrestricted general fund
collections. Fees shall be credited to a restricted revenue account and
appropriated to the department to pay for the cost of collections. The
department shall maintain accounting records in sufficient detail to enable the
respective accounts to be reimbursed periodically for fees deducted that are
determined by the department to be surplus to the actual cost of collections.
(2)
The department shall submit a report for the immediately preceding fiscal year
to the state budget director, the chairpersons of the relevant appropriations
subcommittees, and the senate and house fiscal agencies not later than November
30 stating the principal executive departments and state agencies served, funds
collected, and costs of collection under subsection (1).
Sec.
20-931. (1) The appropriation in part 1 to the department for treasury fees
shall be assessed against all restricted funds that receive common cash
earnings or other investment income. Treasury fees include all costs, including
administrative overhead, relating to the investment of each restricted fund.
The fee assessed against each restricted fund will be based on the size of the
restricted fund (the absolute value of the average daily cash balance plus the
market value of investments in the prior fiscal year) and the level of effort
necessary to maintain the restricted fund as required by each department. The department
shall provide a report to the state budget director, the senate and house of
representatives standing committees on appropriations subcommittees on general
government, and the senate and house fiscal agencies by November 30 of each
year identifying the fees assessed against each restricted fund and the
methodology used for assessment.
(2)
In addition to the funds appropriated in part 1, the department may receive and
expend investment fees relating to new restricted funding sources that
participate in common cash earnings or other investment income during the
current fiscal year. When a new restricted fund is created starting on or after
October 1, that restricted fund shall be assessed a fee using the same criteria
identified in subsection (1).
Sec.
20-932. Revenue received under the Michigan education trust act, 1986 PA 316,
MCL 390.1421 to 390.1442, may be expended by the board of directors of the
Michigan education trust for necessary salaries, wages, supplies, contractual
services, equipment, worker's compensation insurance premiums, and grants to
the civil service commission and state employees' retirement fund.
Sec.
20-934. The department may expend revenues received under the hospital finance
authority act, 1969 PA 38, MCL 331.31 to 331.84, the shared credit rating act,
1985 PA 227, MCL 141.1051 to 141.1076, the higher education facilities
authority act, 1969 PA 295, MCL 390.921 to 390.934, the Michigan public
educational facilities authority, Executive Reorganization Order No. 2002-3, MCL
12.192, the Michigan tobacco settlement finance authority act, 2005 PA 226, MCL
129.261 to 129.279, the land bank fast track act, 2003 PA 258, MCL 124.751 to
124.774, part 505 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.50501 to 324.50522, the state housing development
authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c, and the Michigan
finance authority, Executive Reorganization Order No. 2010-2, MCL 12.194, for
necessary salaries, wages, supplies, contractual services, equipment, worker's
compensation insurance premiums, grants to the civil service commission and
state employees' retirement fund, and other expenses as allowed under those
acts.
Sec.
20-935. The funds appropriated in part 1 for dual enrollment payments for an
eligible student enrolled in a state-approved nonpublic school shall be
distributed as provided under the postsecondary enrollment options act, 1996 PA
160, MCL 388.511 to 388.524, and the career and technical preparation act, 2000
PA 258, MCL 388.1901 to 388.1913, in a form and manner as determined by the
department.
Sec.
20-937. The department shall submit a report to the state budget director, the
senate and house standing committees on appropriations, the chairpersons of the
relevant appropriations subcommittees, and the senate and house fiscal agencies
not later than March 31 regarding the performance of the Michigan accounts
receivable collections system. The report shall include, but is not limited to:
(a)
Information regarding the effectiveness of the department's current collection
strategies, including use of vendors or contractors.
(b)
The amount of delinquent accounts and collection referrals to vendors and
contractors.
(c)
The liquidation rates for declining delinquent accounts.
(d)
The profile of uncollected delinquent accounts, including specific uncollected
amounts by category.
(e)
The department's strategy to manage delinquent accounts once those accounts
exceed the vendor's or contractor's contracted collectible period.
(f)
A summary of the strategies used in other states, including, but not limited
to, secondary placement services, and assessing the benefits of those
strategies.
Sec.
20-941. (1) The department, in conjunction with the Michigan strategic fund,
shall report to the senate and house of representatives standing committees on
appropriations, the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director by November 1 on the annual cost of the Michigan economic growth
authority tax credits. The report shall include for each year the
board-approved credit amount, adjusted for credit amendments where applicable,
and the actual and projected value of tax credits for each year from 1995 to
the expiration of the credit program. For years for which credit claims are
complete, the report shall include the total of actual certificated credit
amounts. For years for which claims are still pending or not yet submitted, the
report shall include a combination of actual credits where available and
projected credits. Credit projections shall be based on updated estimates of
employees, wages, and benefits for eligible companies.
(2)
In addition to the report under subsection (1), the department, in conjunction
with the Michigan strategic fund, shall report to the senate and house of
representatives standing committees on appropriations, the relevant senate and
house of representatives appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director by November 1 on the annual cost
of all other certificated credits by program, for each year until the credits
expire or can no longer be collected. The report shall include estimates on the
brownfield redevelopment credit, film credits, MEGA photovoltaic technology
credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery
credit, and other certificated credits.
Sec.
20-944. If the department hires a pension plan consultant using any of the
funds appropriated in part 1, the department shall retain any report provided
to the department by that consultant, notify the senate and house of
representatives appropriations subcommittees on general government, the senate
and house fiscal agencies, and the state budget director, and shall make that
report available upon request to the senate and house of representatives
standing committees on appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget director. A rationale
for retention of a pension plan consultant shall be included in the
notification of retention.
Sec.
20-945. Audits of local unit assessment administration practices, procedures,
and records shall be conducted in each assessment jurisdiction a minimum of
once every 5 years and in accordance with section 10g of the general property
tax act, 1893 PA 206, MCL 211.10g.
Sec.
20-946. Revenue collected in the convention facility development fund is
appropriated and shall be distributed under sections 8, 9, and 10 of the state
convention facility development act, 1985 PA 106, MCL 207.628, 207.629, and
207.630.
Sec.
20-949. (1) From the funds appropriated in part 1, the department may contract
with private agencies to prevent the disbursement of fraudulent tax refunds. In
addition to the amounts appropriated in part 1 to the department, there are
appropriated amounts necessary to pay contract costs or fund operations
designed to reduce fraudulent income tax refund payments not to exceed $1,500,000.00
of the refunds identified as potentially fraudulent and for which payment of
the refund is denied. The appropriation to fund fraud prevention efforts is
from the fund or account to which the revenues being collected are recorded or
dedicated.
(2)
The department shall submit a report for the immediately preceding fiscal year
ending September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations, and the chairpersons of
the relevant appropriations subcommittees not later than November 30 stating
the number of refund claims denied due to the fraud prevention operations, the
amount of refunds denied, the costs of the fraud prevention operations, and
other pertinent information relating to determining whether this authority
should be continued.
Sec.
20-949a. From the funds appropriated in part 1 for additional staff in city
income tax administration, the department may expand individual income tax
return administration to 1 additional city to leverage the department's
capabilities to assist cities with their taxation efforts.
Sec.
20-949b. Tax capture revenues collected per written agreements under the good
jobs for Michigan program and transferred from the general fund for deposit
into the good jobs for Michigan fund, and for both calculated payments from the
good jobs for Michigan fund to authorized businesses and distributions to the
Michigan strategic fund for administrative expenses, are appropriated pursuant
to the provisions of the Michigan strategic fund act, chapter 8d, MCL 125.2090g
to 125.2090j.
Sec.
20-949d. (1) From the funds appropriated in part 1 for financial review
commission, the department shall continue financial review commission efforts
in the current fiscal year. The purpose of the funding is to cover ongoing
costs associated with the operation of the commission.
(2)
The department shall identify specific outcomes and performance measures for
this initiative, including, but not limited to, the department's ability to
perform a critical fiscal review to ensure the city of Detroit does not reenter
distress following its exit from bankruptcy and to ensure that the community
district does not enter distress and maintains a balanced budget.
(3)
The department must submit a report to the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director by March 15. The report must describe the specific
outcomes and measures required in subsection (1) and provide the results and
data related to these outcomes and measures.
Sec.
20-949e. From the funds appropriated in part 1 for the state essential services
assessment program, the department shall administer the state essential
services assessment program. The program will provide the department the
ability to collect the state essential services assessment which is a phased-in
replacement of locally collected personal property taxes on eligible
manufacturing personal property.
Sec.
20-949f. Revenue from the tobacco products tax act, 1993 PA 327, MCL 205.421 to
205.436, related to counties with a 2000 population of more than 2,000,000 is
appropriated and shall be distributed under section 12(4)(d) of the tobacco
products tax act, 1993 PA 327, MCL 205.432.
Sec.
20-949h. Revenue from part 6 of the medical marihuana facilities licensing act,
2016 PA 281, MCL 333.27601 to 333.27605, is appropriated and distributed
pursuant to part 6 of the medical marihuana facilities licensing act, 2016 PA
281, MCL 333.27601 to 333.27605.
Sec.
20-949i. Revenue from the Michigan regulation and taxation of marihuana act,
initiated law 1 of 2018, MCL 333.27951 to 333.27967 is appropriated and
distributed pursuant to the Michigan regulation and taxation of marihuana act,
initiated law 1 of 2018, MCL 333.27951 to 333.27967.
Sec.
20-949j. All funds in the wrongful imprisonment compensation fund created in
the wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to
691.1757, are appropriated and available for expenditure. Expenditures are
limited to support wrongful imprisonment compensation payments pursuant to
section 6 of the wrongful imprisonment compensation act, 2016 PA 343, MCL
691.1756.
Sec.
20-949k. There is appropriated an amount equal to the tax captured revenues due
under approved transformational brownfield plans created in the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2670.
REVENUE SHARING
Sec.
20-950. The funds appropriated in part 1 for constitutional revenue sharing
shall be distributed by the department to cities, villages, and townships, as
required under section 10 of article IX of the state constitution of 1963.
Revenue collected in accordance with section 10 of article IX of the state
constitution of 1963 in excess of the amount appropriated in part 1 for
constitutional revenue sharing is appropriated for distribution to cities,
villages, and townships, on a population basis as required under section 10 of
article IX of the state constitution of 1963.
Sec.
20-952. (1) The funds appropriated in part 1 for city, village, and township
revenue sharing are for grants to cities, villages, and townships such that,
subject to fulfilling the requirements under subsection (3), each city,
village, or township that received a payment under section 952(1) of 2020 PA
166 is eligible to receive a payment equal to 102.0% of its total eligible
payment under section 952(1) of 2020 PA 166, rounded to the nearest dollar. For
purposes of this subsection, any city, village, or township that completely
merges with another city, village, or township will be treated as a single
entity, such that when determining the eligible payment under section 952(1) of
2020 PA 166 for the combined single entity, the amount each of the merging
local units was eligible to receive under section 952(1) of 2020 PA 166 is
summed.
(2)
The funds appropriated in part 1 for the county incentive program are to be
used for grants to counties such that each county is eligible to receive an
amount equal to 20% of the amount determined pursuant to the Glenn Steil state
revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. The amount
calculated under this subsection shall be adjusted as necessary to reflect
partial county fiscal years and prorated based on the total amount appropriated
for distribution to all eligible counties. Except as otherwise provided under
this subsection, payments under this subsection will be distributed to an
eligible county subject to the county's fulfilling the requirements under
subsection (3).
(3)
For purposes of accountability and transparency, each eligible city, village,
township, or county shall certify by December 1, or the first day of a payment
month, that it has produced a citizen's guide of its most recent local
finances, including a recognition of its unfunded liabilities; a performance
dashboard; a debt service report containing a detailed listing of its debt
service requirements, including, at a minimum, the issuance date, issuance
amount, type of debt instrument, a listing of all revenues pledged to finance
debt service by debt instrument, and a listing of the annual payment amounts
until maturity; and a projected budget report, including, at a minimum, the
current fiscal year and a projection for the immediately following fiscal year.
The projected budget report shall include revenues and expenditures and an
explanation of the assumptions used for the projections. Each eligible city,
village, township, or county shall include in any mailing of general
information to its citizens the internet website address location for its
citizen's guide, performance dashboard, debt service report, and projected
budget report or the physical location where these documents are available for
public viewing in the city, village, township, or county clerk's office. Each
city, village, township, and county applying for a payment under this
subsection shall submit a copy of the performance dashboard, a copy of the debt
service report, and a copy of the projected budget report to the department. In
addition, each eligible city, village, township, or county applying for a
payment under this subsection shall either submit a copy of the citizen's guide
or certify that the city, village, township, or county will be utilizing
treasury's online citizen's guide. The department shall develop detailed
guidance for a city, village, township, or county to follow to meet the
requirements of this subsection. The detailed guidance shall be posted on the
department website and distributed to cities, villages, townships, and counties
by October 1.
(4)
City, village, and township revenue sharing payments and county incentive
program payments are subject to the following conditions:
(a)
The city, village, township, or county shall certify to the department that it
has met the required criteria for subsection (3) and submitted the required
citizen's guide, performance dashboard, debt service report, and projected
budget report as required by subsection (3). A department review of the
citizen's guide, dashboard, or reports is not required in order for a city,
village, township, or county to receive a payment under subsection (1) or (2).
The department shall develop a certification process and method for cities,
villages, townships, and counties to follow.
(b)
Subject to subdivisions (c), (d), and (e), if a city, village, township, or
county meets the requirements of subsection (3), the city, village, township,
or county shall receive its full potential payment under this section.
(c)
Cities, villages, and townships eligible to receive a payment under subsection
(1) shall receive 1/6 of their eligible payment on the last business day of
October, December, February, April, June, and August. Payments under subsection
(1) shall be issued to cities, villages, and townships until the specified due
date for subsection (3). After the specified due date for subsection (3),
payments shall be made to a city, village, or township only if that city,
village, or township has complied with subdivision (a).
(d)
Payments under subsection (2) shall be issued to counties until the specified
due date for subsection (3). After the specified due date for subsection (3),
payments shall be made to a county only if that county has complied with
subdivision (a).
(e)
If a city, village, township, or county does not submit the required
certification, citizen's guide, performance dashboard, debt service report, and
projected budget report by the first day of a payment month, the city, village,
township, or county shall forfeit the payment in that payment month.
(f)
Any city, village, township, or county that falsifies certification documents
shall forfeit any future city, village, and township revenue sharing payments
or county incentive program payments and shall repay to this state all payments
it has received under this section.
(g)
City, village, and township revenue sharing payments and county incentive
program payments under this section shall be distributed on the last business
day of October, December, February, April, June, and August.
(h)
Payments distributed under this section may be withheld pursuant to sections
17a and 21 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140,
MCL 141.917a and 141.921.
(5)
The unexpended funds appropriated in part 1 for city, village, and township
revenue sharing and the county incentive program shall be available for
expenditure under the program for financially distressed cities, villages, or
townships after the approval of transfers by the legislature pursuant to section
393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec.
20-955. (1) The funds appropriated in part 1 for county revenue sharing shall
be distributed by the department so that each eligible county receives a
payment equal to 106.6435% of the amount determined pursuant to the Glenn Steil
state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921, less
the amount for which the county is eligible under section 952(2) of this part.
The amount calculated under this subsection shall be adjusted as necessary to
reflect partial county fiscal years and prorated based on the total amount
appropriated for distribution to all eligible counties.
(2)
The department shall annually certify to the state budget director the amount
each county is authorized to expend from its revenue sharing reserve fund.
Sec.
20-956. (1) The funds appropriated in part 1 for financially distressed cities,
villages, or townships shall be granted by the department to cities, villages,
and townships that have 1 or more conditions that indicate probable financial
distress, as determined by the department. A city, village, or township with 1
or more conditions that indicate probable financial distress may apply in a
manner determined by the department for a grant to pay for specific projects or
services that move the city, village, or township toward financial stability.
Grants are to be used for specific projects or services that move the city,
village, or township toward financial stability. The city, village, or township
must use the grants under this section to repair or replace critical
infrastructure and equipment owned or maintained by the city, village, or
township; or for costs associated with a transition to shared services with
another jurisdiction; or to administer other projects that move the city,
village, or township toward financial stability. The department shall award no
more than $2,000,000.00 to any city, village, or township under this section.
(2)
The department shall provide a report to the senate and house of
representatives appropriations subcommittees on general government, the senate
and house fiscal agencies, and the state budget director by March 31. The
report shall include a list by grant recipient of the date each grant was
approved, the amount of the grant, and a description of the project or projects
that will be paid by the grant.
(3)
The unexpended funds appropriated in part 1 for financially distressed cities,
villages, or townships are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year
and shall be available for expenditure for projects under this section until
the projects have 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 assistance to financially distressed
cities, villages, and townships under this section.
(b)
The projects will be accomplished by grants to cities, villages, and townships
approved by the department.
(c)
The total estimated cost of all projects is $2,500,000.00.
(d)
The tentative completion date is September 30, 2026.
BUREAU OF STATE LOTTERY
Sec.
20-960. In addition to the funds appropriated in part 1 to the bureau of state
lottery, there is appropriated from state lottery fund revenues the amount
necessary for, and directly related to, implementing and operating lottery
games under the McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239,
MCL 432.1 to 432.47, and activities under the Traxler-McCauley-Law-Bowman bingo
act, 1972 PA 382, MCL 432.101 to 432.120, including expenditures for
contractually mandated payments for vendor commissions, contractually mandated
payments for instant tickets intended for resale, the contractual costs of
providing and maintaining the online system communications network, and
incentive and bonus payments to lottery retailers.
Sec.
20-964. For the bureau of state lottery, there is appropriated 1% of the
lottery's prior fiscal year's gross sales for promotion and advertising.
MICHIGAN GAMING CONTROL BOARD
Sec.
20-971. (1) From the revenue collected by the Michigan gaming control board
regarding the total annual assessment of each casino licensee, $2,000,000.00 is
appropriated and shall be deposited in the compulsive gaming prevention fund as
described in section 12a(5) of the Michigan Gaming Control and Revenue Act,
1996 IL 1, MCL 432.212a.
(2)
After the board has incurred the costs of regulating and enforcing internet
sports betting, $500,000.00 is appropriated and shall be deposited into the
compulsive gambling prevention fund as described in section 16(4)(b) of the
lawful sports betting act, 2019 PA 149, MCL 432.416. Following these disbursements,
$2,000,000.00 is appropriated and shall be deposited in the first responder
presumed coverage fund as described in section 16(4)(c) of the lawful sports
betting act, 2019 PA 149, MCL 432.416.
(3)
An appropriation of $500,000.00 shall be deposited into the compulsive gaming
prevention fund as described in section 16(4)(b) of the lawful internet gaming
act, 2019 PA 152, MCL 432.316, except as provided in section 15(2) of the
lawful internet gaming act, 2019 PA 152, MCL 432.301 to 432.322. Following these
disbursements, $2,000,000.00 is appropriated and shall be deposited into the
first responder presumed coverage fund as described in section 16(4)(c) of the
lawful internet gaming act, 2019 PA 152, MCL 432.316.
Sec.
20-973. (1) Funds appropriated in part 1 for local government programs may be
used to provide assistance to a local revenue sharing board referenced in an
agreement authorized by the Indian gaming regulatory act, Public Law 100-497.
(2)
A local revenue sharing board described in subsection (1) shall comply with the
open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(3)
A county treasurer is authorized to receive and administer funds received for
and on behalf of a local revenue sharing board. Funds appropriated in part 1
for local government programs may be used to audit local revenue sharing board
funds held by a county treasurer. This section does not limit the ability of
local units of government to enter into agreements with federally recognized
Indian tribes to provide financial assistance to local units of government or
to jointly provide public services.
(4)
A local revenue sharing board described in subsection (1) shall comply with all
applicable provisions of any agreement authorized by the Indian gaming
regulatory act, Public Law 100-497, in which the local revenue sharing board is
referenced, including, but not limited to, the disbursal of tribal casino
payments received under applicable provisions of the tribal-state class III
gaming compact in which those funds are received.
(5)
The director of the department of state police and the executive director of
the Michigan gaming control board are authorized to assist the local revenue
sharing boards in determining allocations to be made to local public safety
organizations.
(6)
The Michigan gaming control board shall submit a report by September 30 to the
senate and house of representatives standing committees on appropriations and
the state budget director on the receipts and distribution of revenues by local
revenue sharing boards.
Sec.
20-974. If revenues collected in the state services fee fund are less than the
amounts appropriated from the fund, available revenues shall be used to fully
fund the appropriation in part 1 for casino gaming regulation activities before
distributions are made to other state departments and agencies. If the
remaining revenue in the fund is insufficient to fully fund appropriations to
other state departments or agencies, the shortfall shall be distributed
proportionally among those departments and agencies.
Sec.
20-976. The executive director of the Michigan gaming control board may pay
rewards of not more than $5,000.00 to a person who provides information that
results in the arrest and conviction on a felony or misdemeanor charge for a
crime that involves the horse racing industry. A reward paid pursuant to this
section shall be paid out of the appropriation in part 1 for the racing
commission.
Sec.
20-977. All appropriations from the Michigan agriculture equine industry
development fund, except for the racing commission appropriations, shall be
reduced proportionately if revenues to the Michigan agriculture equine industry
development fund decline during the current fiscal year to a level lower than
the amount appropriated in part 1.
Sec.
20-978. The Michigan gaming control board shall use actual expenditure data in
determining the actual regulatory costs of conducting racing dates and shall
provide that data to the senate and house appropriations subcommittees on
agriculture and general government, the state budget director, and the senate
and house fiscal agencies. The Michigan gaming control board shall not be
reimbursed for more than the actual regulatory cost of conducting race dates.
Prior to the reduction in the number of authorized race dates due to budget
deficits, the executive director of the Michigan gaming control board shall
provide notice to the certified horsemen's organizations with an opportunity to
respond with alternatives. In determining actual costs, the Michigan gaming
control board shall take into account that each specific breed may require
different regulatory mechanisms.
Sec.
20-979. From the funds appropriated in part 1 for millionaire party regulation,
the Michigan gaming control board may receive and expend state lottery fund
revenue in an amount not to exceed the amount appropriated in part 1 for
necessary expenses incurred in the licensing and regulation of millionaire
parties pursuant to Executive Order No. 2012-4. In accordance with section 8 of
the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.108, the amount
of necessary expenses shall not exceed the amount of revenue received under
that act.
STATE BUILDING AUTHORITY
Sec.
20-1100. (1) Subject to section 242 of the management and budget act, 1984 PA
431, MCL 18.1242, and upon the approval of the state building authority, the
department may expend from the general fund of the state during the fiscal year
an amount to meet the cash flow requirements of those state building authority
projects solely for lease to a state agency identified in both part 1 and this
section, and for which state building authority bonds or notes have not been
issued, and for the sole acquisition by the state building authority of
equipment and furnishings for lease to a state agency as permitted by 1964 PA
183, MCL 830.411 to 830.425, for which the issuance of bonds or notes is
authorized by a legislative appropriation act that is effective for the
immediately preceding fiscal year. Any general fund advances for which state
building authority bonds have not been issued shall bear an interest cost to
the state building authority at a rate not to exceed that earned by the state
treasurer's common cash fund during the period in which the advances are
outstanding and are repaid to the general fund of the state.
(2)
Upon sale of bonds or notes for the projects identified in part 1 or for
equipment as authorized by a legislative appropriation act and in this section,
the state building authority shall credit the general fund of the state an
amount equal to that expended from the general fund plus interest, if any, as
defined in this section.
(3)
For state building authority projects for which bonds or notes have been issued
and upon the request of the state building authority, the state treasurer shall
make advances without interest from the general fund as necessary to meet cash
flow requirements for the projects, which advances shall be reimbursed by the
state building authority when the investments earmarked for the financing of
the projects mature.
(4)
In the event that a project identified in part 1 is terminated after final
design is complete, advances made on behalf of the state building authority for
the costs of final design shall be repaid to the general fund in a manner
recommended by the director.
Sec.
20-1102. (1) State building authority funding to finance construction or
renovation of a facility that collects revenue in excess of money required for
the operation of that facility shall not be released to a university or
community college unless the institution agrees to reimburse that excess
revenue to the state building authority. The excess revenue shall be credited
to the general fund to offset rent obligations associated with the retirement
of bonds issued for that facility. The auditor general shall annually identify
and present an audit of those facilities that are subject to this section.
Costs associated with the administration of the audit shall be charged against
money recovered pursuant to this section.
(2)
As used in this section, "revenue" includes state appropriations,
facility opening money, other state aid, indirect cost reimbursement, and other
revenue generated by the activities of the facility.
Sec.
20-1103. The state building authority shall provide to the JCOS, senate and
house fiscal agencies, and state budget director a report relative to the
status of construction projects associated with state building authority bonds
as of September 30 of each year, on or before October 15, or not more than 30
days after a refinancing or restructuring bond issue is sold. The report shall
include, but is not limited to, the following:
(a)
A list of all completed construction projects for which state building
authority bonds have been sold, and which bonds are currently active.
(b)
A list of all projects under construction for which sale of state building
authority bonds is pending.
(c)
A list of all projects authorized for construction or identified in an
appropriations act for which approval of schematic/preliminary plans or total
authorized cost is pending that have state building authority bonds identified
as a source of financing.
ONE-TIME APPROPRIATIONS
Sec.
20-1201. (1) The funds appropriated in part 1 for local first responder
recruitment and training grants are to support local efforts to expand
recruitment, improve training, and provide additional professional development
and support to first responders.
(2)
As used in this section:
(a)
"First responder" means law enforcement officers, firefighters,
emergency medical technicians (EMT), paramedics, and local unit of government
corrections officers.
(b)
"Applicant" means a city, village, township, county, or fire
authority.
(3)
The department shall establish an application process and award grants on a
competitive basis to applicants that are determined to be most in need of first
responder recruitment and training assistance. Awards to any one applicant
shall be no more than $100,000.00 for recruitment, and no more than $100,000.00
for training programs. The department shall execute grant agreements with each
of the applicants awarded funds that establish the terms and conditions under
which the funds are granted.
Article 21
MISCELLANEOUS
PART
1
PROVISIONS
CONCERNING APPROPRIATIONS
Sec.
21-101. The appropriations in this article are subject to the following
provisions concerning appropriations for the fiscal year ending September 30,
2022:
GENERAL SECTIONS
Sec. 21-201. (1)
Pursuant to section 30 of article IX of the state constitution of 1963, total
state spending from state sources for fiscal year 2022 is estimated at
$37,014,164,500.00 in the 2022 appropriations acts and total state spending
from state sources paid to local units of government for fiscal year 2022 is
estimated at $20,731,488,600.00. The state-local proportion is estimated at 56.0% of total state spending from state resources.
(2) If payments to local units of government
and state spending from state sources for fiscal year 2022 are different than the amounts estimated in subsection
(1), the state budget director shall report the payments to local units of
government and state spending from state sources that were made for fiscal year
2022 to the senate and house of
representatives standing committees on appropriations within 30 days after the
final book-closing for fiscal year 2022.
Sec. 21-202. The appropriations
authorized under this bill are subject to the management and budget act, 1984
PA 431, MCL 18.1101 to 18.1594.
Sec. 21-211. (1)
Pursuant to section 352 of the management and budget act, 1984 PA 431, MCL
18.1352, which provides for a transfer of state general fund revenue into or
out of the countercyclical budget and economic stabilization fund, the
calculations required by section 352 of the management and budget act, 1984 PA
431, MCL 18.1352, are determined as follows:
2020 2021 2022
Michigan
personal income (millions)........... $521,130 $506,017 $518,667
less: transfer payments....................... 144,909 120,601 118,098
Subtotal..................................... $376,221 $385,416 $400,569
Divided by:
Detroit Consumer Price Index...... 2.379 2.433 2.485
Equals: real adjusted Michigan personal
income..................................... $158,114 $158,393 $161,201
Percentage change................................. N/A 0.2% 1.8%
Growth rate in excess of 2%?...................... N/A 0.0% 0.0%
Equals: calculated transfer to
countercyclical
budget and economic stabilization fund for
the
fiscal year ending September 30, 2022
(millions) N/A $0.0
Growth rate less than 0%?......................... N/A NO
Appropriation from countercyclical budget and
economic stabilization fund allowed for the
fiscal year ending September 30, 2022?......... N/A NO
(2) Notwithstanding subsection (1), there is appropriated
for the fiscal year ending September 30, 2022, from general fund/general
purpose revenue for deposit into the countercyclical budget and economic
stabilization fund the sum of $0.00.
REVENUE
STATEMENT
Sec.
21-301. Pursuant to section 18 of article V of the state constitution of 1963,
fund balances and estimates are presented in the following statement:
BUDGET
RECOMMENDATIONS BY OPERATING FUNDS
(Amounts
in millions)
Fiscal
Year 2022
Estimated
Beginning Estimated Ending
Balance Revenue Balance
OPERATING
FUNDS
General
fund/general purpose 1,005.6 10,462.7 74.4
School
aid fund 306.7 16,351.2 8.8
Federal
aid 0.0 25,087.6 0.0
Transportation
funds 0.0 6,898.3 0.0
Special
revenue funds 1,052.4 6,874.2 944.6
Other
funds 1,059.4 20.3 1,079.7
TOTALS $3,424.1 $65,694.3 $2,107.5