Bill Text: MI HB5578 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Appropriations; zero budget; omnibus budget appropriations; provide for fiscal year 2018-2019. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-12 - Reassigned To Committee On Appropriations [HB5578 Detail]
Download: Michigan-2017-HB5578-Engrossed.html
HB-5578, As Passed House, April 24, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5578
A bill to make, supplement, adjust, and consolidate
appropriations for various state departments and agencies, the
judicial branch, and the legislative branch for the fiscal year
ending September 30, 2019; to provide for certain conditions on
appropriations; and to provide for the expenditure of the
appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
agriculture and rural development for the fiscal year ending
House Bill No. 5578 as amended April 24, 2018
September 30, 2019, from the following funds:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 502.5
GROSS APPROPRIATION.................................... $ [102,968,000]
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 223,700
IDG from MDEQ, biosolids............................... 90,200
Total interdepartmental grants and intradepartmental
transfers............................................ 313,900
ADJUSTED GROSS APPROPRIATION........................... $ [102,654,100]
Federal revenues:
Department of interior................................. 238,800
EPA, multiple grants................................... 1,277,300
HHS, multiple grants................................... 4,140,500
USDA, multiple grants.................................. 6,118,600
Total federal revenues................................. 11,775,200
Special revenue funds:
Private - commodity group revenue...................... 80,500
Private - slow-the-spread foundation................... 21,300
Total private revenues................................. 101,800
Agricultural preservation fund......................... 1,442,500
Agriculture equine industry development fund........... 3,667,200
Agriculture licensing and inspection fees.............. 4,110,200
Animal welfare fund.................................... 150,000
Commodity inspection fees.............................. 650,000
House Bill No. 5578 as amended April 24, 2018
Consumer and industry food safety education fund....... 356,500
Dairy and food safety fund............................. 5,978,900
Feed control fund...................................... 1,305,400
Fertilizer control fund................................ 1,095,600
Freshwater protection fund............................. 7,940,700
Gasoline inspection and testing fund................... 1,444,400
Grain dealers fee fund................................. 589,800
Horticulture fund...................................... 40,000
Industry support funds................................. 486,100
Migratory labor housing fund........................... 169,100
Nonretail liquor fees.................................. 917,200
Private forestland enhancement fund.................... 481,500
Refined petroleum fund................................. 3,316,800
Rural development fund................................. 2,004,600
Testing fees........................................... 200,000
Weights and measures regulation fees................... 725,500
Total other state restricted revenues.................. 37,072,000
State general fund/general purpose..................... $ [53,705,100]
Sec. 102. DEPARTMENTWIDE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 24.0
Unclassified positions--6.0 FTE positions.............. $ 573,500
Accounting service center.............................. 1,164,200
Commissions and boards................................. 23,800
Emergency management--4.0 FTE positions................ 1,093,300
Executive direction--20.0 FTE positions................ 2,561,900
Property management.................................... 705,700
GROSS APPROPRIATION.................................... $ 6,122,400
Appropriated from:
Federal revenues:
HHS, multiple grants................................... 438,100
Special revenue funds:
Agricultural preservation fund......................... 16,600
Agriculture licensing and inspection fees.............. 127,500
Freshwater protection fund............................. 24,500
Industry support funds................................. 54,300
Nonretail liquor fees.................................. 31,000
State general fund/general purpose..................... $ 5,430,400
Sec. 103. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 1,794,500
GROSS APPROPRIATION.................................... $ 1,794,500
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 3,200
Special revenue funds:
Agricultural preservation fund......................... 200
Agriculture licensing and inspection fees.............. 93,800
Dairy and food safety fund............................. 61,200
Freshwater protection fund............................. 100
Gasoline inspection and testing fund................... 31,800
Nonretail liquor fees.................................. 500
State general fund/general purpose..................... $ 1,603,700
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions.......... 134.0
Food safety and quality assurance--96.0 FTE positions.. $ 16,602,900
Milk safety and quality assurance--38.0 FTE positions.. 5,739,900
GROSS APPROPRIATION.................................... $ 22,342,800
Appropriated from:
Federal revenues:
HHS, multiple grants................................... 2,398,600
USDA, multiple grants.................................. 137,100
Special revenue funds:
Consumer and industry food safety education fund....... 356,500
Dairy and food safety fund............................. 5,421,500
State general fund/general purpose..................... $ 14,029,100
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 61.0
Animal agriculture initiative.......................... $ 400,000
Animal disease prevention and response--61.0 FTE
positions............................................ 9,356,900
Indemnification - livestock depredation................ 50,000
GROSS APPROPRIATION.................................... $ 9,806,900
Appropriated from:
Federal revenues:
Department of interior................................. 40,800
HHS, multiple grants................................... 46,600
USDA, multiple grants.................................. 530,600
Special revenue funds:
Private - commodity group revenue...................... 30,500
Agriculture licensing and inspection fees.............. 70,300
Animal welfare fund.................................... 150,000
State general fund/general purpose..................... $ 8,938,100
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions........... 93.0
Pesticide and plant pest management--87.0 FTE
positions............................................ $ 13,772,700
Producer security/grain dealers--6.0 FTE positions..... 628,200
GROSS APPROPRIATION.................................... $ 14,400,900
Appropriated from:
Federal revenues:
Department of interior................................. 101,700
EPA, multiple grants................................... 543,000
HHS, multiple grants................................... 325,300
USDA, multiple grants.................................. 716,900
Special revenue funds:
Private - slow-the-spread foundation................... 21,300
Agriculture licensing and inspection fees.............. 3,481,900
Commodity inspection fees.............................. 648,900
Feed control fund...................................... 1,116,200
Fertilizer control fund................................ 1,071,600
Freshwater protection fund............................. 156,200
Grain dealers fee fund................................. 581,800
Horticulture fund...................................... 40,000
Industry support funds................................. 251,400
State general fund/general purpose..................... $ 5,344,700
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 65.5
Environmental stewardship - MAEAP--25.0 FTE positions.. $ 10,191,200
House Bill No. 5578 as amended April 24, 2018
Farmland and open space preservation--10.0 FTE
positions............................................ 1,545,000
Intercounty drain--6.0 FTE positions................... 811,900
Migrant labor housing--9.0 FTE positions............... 1,231,100
Qualified forest program--9.0 FTE positions............ 2,190,000
Right-to-farm--6.5 FTE positions....................... 964,000
Watershed phosphorus removal pilot project............. 120,000
[ ]
GROSS APPROPRIATION.................................... $ [17,053,200]
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, biosolids............................... 90,200
Federal revenues:
Department of interior................................. 96,300
EPA, multiple grants................................... 560,500
USDA, multiple grants.................................. 822,300
Special revenue funds:
Agricultural preservation fund......................... 1,425,700
Freshwater protection fund............................. 7,714,900
Migratory labor housing fund........................... 140,100
Private forestland enhancement fund.................... 481,500
State general fund/general purpose..................... $ [5,721,700]
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions.......... 108.0
Central licensing and customer call center--12.0 FTE
positions............................................ $ 1,338,200
Consumer protection program--41.0 FTE positions........ 6,790,600
Laboratory services--42.0 FTE positions................ 7,141,500
USDA monitoring--13.0 FTE positions.................... 1,637,300
GROSS APPROPRIATION.................................... $ 16,907,600
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 220,500
Federal revenues:
EPA, multiple grants................................... 173,800
HHS, multiple grants................................... 931,900
USDA, multiple grants.................................. 1,638,500
Special revenue funds:
Agriculture licensing and inspection fees.............. 336,700
Commodity inspection fees.............................. 1,100
Dairy and food safety fund............................. 496,200
Feed control fund...................................... 189,200
Fertilizer control fund................................ 24,000
Freshwater protection fund............................. 45,000
Gasoline inspection and testing fund................... 1,412,600
Grain dealers fee fund................................. 8,000
Migratory housing fund................................. 29,000
Refined petroleum fund................................. 3,316,800
Testing fees........................................... 200,000
Weights and measures regulation fees................... 725,500
State general fund/general purpose..................... $ 7,158,800
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions........... 17.0
Agriculture development--13.0 FTE positions............ $ 4,253,100
Food and agriculture investment program................ 3,000,000
Grape and wine program--3.0 FTE positions.............. 934,800
Rural development fund grant program--1.0 FTE
position............................................. 2,004,600
ACRE agriculture incubator............................. 260,000
GROSS APPROPRIATION.................................... $ 10,452,500
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 2,273,200
Special revenue funds:
Private - commodity group revenue...................... 50,000
Industry support funds................................. 180,400
Nonretail liquor fees.................................. 885,700
Rural development fund................................. 2,004,600
State general fund/general purpose..................... $ 5,058,600
Sec. 110. FAIRS AND EXPOSITIONS
County fairs, shows, and exhibitions................... $ 419,900
Michigan festivals..................................... 100
Fairs and racing....................................... 256,600
Licensed tracks - light horse racing................... 40,300
Light horse racing - breeders' awards.................. 20,000
Purses and supplements - fairs/licensed tracks......... 708,300
Standardbred breeders' awards.......................... 345,900
Standardbred purses and supplements - licensed tracks.. 671,800
Standardbred sire stakes............................... 275,000
Thoroughbred breeders' awards.......................... 368,600
Thoroughbred sire stakes............................... 378,800
House Bill No. 5578 as amended April 24, 2018
Thoroughbred supplements - licensed tracks............. 601,900
GROSS APPROPRIATION.................................... $ 4,087,200
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 3,667,200
State general fund/general purpose..................... $ 420,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is [$90,777,100.00] and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $6,350,000.00. The itemized statement
below identifies appropriations from which spending to local units
of government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Environmental stewardship/MAEAP........................ $ 4,250,000
Qualified forest program............................... 1,500,000
Rural development fund grant program................... 600,000
TOTAL.................................................. $ 6,350,000
Sec. 202. The appropriations authorized under part 1 and this
part are subject to the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
Sec. 203. As used in part 1 and this part:
(a) "Department" means the department of agriculture and rural
development.
(b) "Director" means the director of the department.
(c) "EPA" means the United States Environmental Protection
Agency.
(d) "FDA" means the United States Food and Drug
Administration.
(e) "Fiscal agencies" means the Michigan house fiscal agency
and the Michigan senate fiscal agency.
(f) "FTE" means full-time equated.
(g) "HHS" means the United States Department of Health and
Human Services.
(h) "IDG" means interdepartmental grant.
(i) "LARA" means the Michigan department of licensing and
regulatory affairs.
(j) "LCC" means the Michigan liquor control commission.
(k) "MAEAP" means the Michigan agriculture environmental
assurance program.
(l) "MDEQ" means the Michigan department of environmental
quality.
(m) "MDNR" means the Michigan department of natural resources.
(n) "MOU" means memorandum of understanding.
(o) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
(p) "TB" means tuberculosis.
(q) "USDA" means the United States Department of Agriculture.
Sec. 204. The departments and agencies receiving
appropriations in part 1 shall use the internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
Sec. 205. 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. 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. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The 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.
Each director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services or supplies, or
both.
Sec. 207. 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 house and senate 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. 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. 209. Not later than November 30, 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 of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget 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. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the subcommittees, respectively, 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, 2018 and September 30, 2019.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 is $12,428,400.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$5,729,700.00. Total agency appropriations for retiree health care
legacy costs are estimated at $6,698,700.00.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 234. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 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. 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. 401. (1) The department shall report on the previous
calendar 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 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.
Sec. 403. It is the intent of the legislature that the
department work with the FDA and representatives of agriculture
producers to develop on-farm food safety education and training
programs to assist producers in implementing the food safety
modernization act, Public Law 111-353, requirements. The department
may receive and expend federal revenues in excess of the federal
revenue appropriated in section 104 of part 1 for food safety
modernization act, Public Law 111-353, education and training
program activities. The department shall notify the subcommittees
and the fiscal agencies prior to expending federal revenues
authorized under this section.
ANIMAL INDUSTRY
Sec. 451. From the funds appropriated in part 1 for bovine
tuberculosis, the department shall pay for all whole herd testing
costs and individual animal testing costs in the modified
accredited zone to maintain split-state status requirements. These
costs include indemnity and compensation for injury causing death
or downer to animals.
Sec. 452. 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.
Sec. 453. (1) From the funds appropriated in part 1 for animal
disease prevention and response, the department may provide for
indemnity pursuant to the animal industry act, 1988 PA 466, MCL
287.701 to 287.746, not to exceed $100,000.00 per order. Any
indemnification agreement between the department and an owner of
livestock that exceeds $100,000.00 shall be subject to specific
appropriation by the legislature.
(2) The department shall not make an indemnification payment
under the animal industry act, 1988 PA 466, MCL 287.701 to 287.746,
until the department provides all of the following information to
the subcommittees, the fiscal agencies, and the state budget
office:
(a) The reason for the indemnification.
(b) The amount of the indemnification.
(3) From the funds appropriated in part 1 for indemnification
- livestock depredation, the department shall make indemnification
payments for livestock killed by a wolf, coyote, or cougar pursuant
to the wildlife depredations indemnification act, 2012 PA 487, MCL
285.361 to 285.365.
(4) The department shall include in the annual report required
under section 452 of this part all indemnification payments for
livestock depredation made in the previous calendar year. The
report shall include all of the following information:
(a) The reason for the indemnification.
(b) The amount of the indemnification.
(c) The person to whom the indemnification was paid.
Sec. 454. The department shall use its resources to
collaborate with the USDA to monitor bovine TB, consistent with the
May 2016 memorandum of understanding between the department and the
USDA.
Sec. 457. (1) On or before October 15, 2018, 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; educational programs and information for
this state's livestock community; and any other item the
legislature should be aware of that will promote or hinder efforts
to achieve bovine TB-free status for this state.
Sec. 458. From the funds appropriated in part 1 for animal
industry, the department shall provide inspection and testing of
aquaculture facilities and aquaculture researchers as provided
under section 7 of the Michigan aquaculture development act, 1996
PA 199, MCL 286.877.
Sec. 459. It is the intent of the legislature that the
department shall not conduct whole herd bovine TB testing on any 1
herd in a TB-free zone more often than every 4 years or re-test
until all other herds in their county have been tested, unless
involved in an epidemiological investigation, there is an outbreak
within a 10-radius-mile area, or is not on a verified wildlife risk
mitigated premises. If there is an outbreak within a 10-radius-mile
area, protocols outlined by the current memorandum of understanding
with the USDA shall be used.
Sec. 462. From the funds appropriated in part 1 for animal
disease prevention and response, not to exceed $20,000.00, the
department shall establish a grant program to assist in the
construction of protective systems for apiaries. The department may
make grants under this program to reimburse apiary owners for costs
of projects designed to protect apiaries from damage by wildlife,
subject to all of the following:
(a) Grants may not exceed $250.00 per apiary site.
(b) Grants under this subsection may be made only for projects
identified and approved by the department prior to the start of
project activity.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 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. 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 2014.
Sec. 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. 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. 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 PROGRAM
Sec. 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. 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, 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 portion of the food and agriculture
investment program is a work project appropriation in accordance
with section 451a(1) of the management and budget act, 1984 PA 431,
MCL 18.1451a. All of the following apply to the project:
(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, 2020.
(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. 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. 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.
Sec. 709. (1) Not later than April 1 of the current fiscal
year, the department shall provide a report to the subcommittees,
fiscal agencies, and the state budget office describing the
activities of the grape and wine industry council established under
section 303 of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1303.
(2) The report shall include all of the following:
(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. 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. 802. All appropriations from the agriculture equine
industry development fund, except for the Michigan gaming control
board's regulatory expenses and the department's expenses to
administer horse racing programs, shall be reduced proportionately
if revenues to the agriculture equine industry development fund
decline during the preceding fiscal year to a level lower than the
amounts appropriated in part 1.
Sec. 804. It is the intent of the legislature that 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 of
representatives appropriations subcommittees on agriculture and
rural development and general government and the fiscal agencies by
November 1 of the current fiscal year. The Michigan gaming control
board shall not be reimbursed for more than the actual regulatory
cost of conducting race dates. If a certified horsemen's
organization funds more than the actual regulatory cost, the
balance shall remain in the agriculture equine industry development
fund to be used to fund subsequent race dates conducted by race
meeting licensees with which the certified horsemen's organization
has contracts. If a certified horsemen's organization funds less
than the actual regulatory costs of the additional horse racing
dates, the Michigan gaming control board shall reduce the number of
future race dates conducted by race meeting licensees with which
the certified horsemen's organization has contracts. 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. 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 dollar-for-dollar 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 $20,000.00 shall be expended for the
purpose of financial support, promotion, prizes, and premiums of
equine, livestock, and other agricultural commodity expositions in
this state.
(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 18.1451a. 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, 2020.
(8) The department shall provide a year-end report on the
county fairs, shows, and expositions grants no later than December
1, 2018 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 V
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
corrections for the fiscal year ending September 30, 2019, from the
following funds:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average population............................... 39,342
Full-time equated unclassified positions........... 16.0
Full-time equated classified positions......... 13,951.2
GROSS APPROPRIATION.................................... $ 2,017,125,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 2,017,125,100
Federal revenues:
Total federal revenues................................. 5,315,200
Special revenue funds:
Total local revenues................................... 8,960,100
Total private revenues................................. 0
Total other state restricted revenues.................. 40,939,600
State general fund/general purpose..................... $ 1,961,910,200
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions.......... 322.0
Unclassified salaries--16.0 FTE positions.............. $ 1,884,600
Administrative hearings officers....................... 3,266,100
Budget and operations administration--240.0 FTE
positions............................................ 32,971,300
Compensatory buyout and union leave bank............... 100
County jail reimbursement program...................... 15,064,600
Equipment and special maintenance...................... 1,559,700
Executive direction--20.0 FTE positions................ 4,298,200
Judicial data warehouse user fees...................... 50,600
New custody staff training............................. 9,527,600
Prison industries operations--62.0 FTE positions....... 9,989,700
Property management.................................... 2,413,100
Prosecutorial and detainer expenses.................... 4,551,000
Sheriffs' coordinating and training office............. 100,000
Worker's compensation.................................. 10,613,000
GROSS APPROPRIATION.................................... $ 96,289,600
Appropriated from:
Federal revenues:
DOJ, prison rape elimination act grant................. 674,700
Special revenue funds:
Correctional industries revolving fund................. 9,989,700
Correctional industries revolving fund 110............. 616,700
Jail reimbursement program fund........................ 5,900,000
Local corrections officer training fund................ 100,000
Program and special equipment fund..................... 100
State general fund/general purpose..................... $ 79,008,400
Sec. 103. OFFENDER SUCCESS ADMINISTRATION
Full-time equated classified positions.......... 339.4
Community corrections comprehensive plans and services. $ 12,058,000
Education/skilled trades/career readiness programs--
270.4 FTE positions.................................. 40,109,700
Felony drunk driver jail reduction and community
treatment program.................................... 1,440,100
Goodwill Flip the Script............................... 1,500,000
Offender success federal grants........................ 751,000
Offender success community partners.................... 14,500,000
Offender success programming........................... 11,772,800
Public safety initiative............................... 4,000,000
Offender success services--69.0 FTE positions.......... 15,145,700
Residential probation diversions....................... 16,325,500
GROSS APPROPRIATION.................................... $ 117,602,800
Appropriated from:
Federal revenues:
DOJ, prisoner reintegration............................ 751,000
Federal education funding.............................. 1,536,300
Special revenue funds:
Program and special equipment fund..................... 10,213,200
State general fund/general purpose..................... $ 105,102,300
Sec. 104. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 2,182.6
Criminal justice reinvestment.......................... $ 5,498,400
Detroit Detention Center--66.1 FTE positions........... 8,685,100
Detroit Reentry Center--236.0 FTE positions............ 29,989,600
Field operations--1,849.5 FTE positions................ 215,083,300
Parole board operations--31.0 FTE positions............ 3,727,300
Parole/probation services.............................. 940,000
Residential alternative to prison program.............. 1,500,000
Substance abuse parole certain sanction program........ 1,440,000
Supervising region incentive program................... 1,000,000
GROSS APPROPRIATION.................................... $ 267,863,700
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 275,000
Local revenues......................................... 8,685,100
Parole and probation oversight fees.................... 4,000,000
Parole and probation oversight fees set-aside.......... 940,000
Reentry center offender reimbursements................. 10,000
Tether program participant contributions............... 2,630,500
State general fund/general purpose..................... $ 251,323,100
Sec. 105. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions.......... 654.0
Central records--38.0 FTE positions.................... $ 4,446,300
Correctional facilities administration--24.0 FTE
positions............................................ 5,010,700
Housing inmates in federal institutions................ 511,000
Inmate housing fund.................................... 100
Inmate legal services.................................. 490,900
Leased beds and alternatives to leased beds............ 100
Prison food service--352.0 FTE positions............... 70,770,800
Prison store operations--33.0 FTE positions............ 3,282,600
Public works programs.................................. 1,000,000
Transportation--207.0 FTE positions.................... 26,768,000
GROSS APPROPRIATION.................................... $ 112,280,500
Appropriated from:
Federal revenues:
DOJ-BOP, federal prisoner reimbursement................ 411,000
SSA-SSI, incentive payment............................. 272,000
Special revenue funds:
Correctional industries revolving fund 110............. 573,900
Public works user fees................................. 1,000,000
Resident stores........................................ 3,282,600
State general fund/general purpose..................... $ 106,741,000
Sec. 106. HEALTH CARE
Full-time equated classified positions........ 1,461.1
Clinical complexes--1,047.1 FTE positions.............. $ 147,596,100
Health care administration--20.0 FTE positions......... 3,775,800
Healthy Michigan plan administration--12.0 FTE
positions............................................ 1,124,700
Hepatitis C treatment.................................. 6,735,500
Interdepartmental grant to health and human services,
eligibility specialists.............................. 119,700
Mental health services and support--376.0 FTE
positions............................................ 46,213,700
Prisoner health care services.......................... 86,076,400
Substance abuse testing and treatment services--6.0
FTE positions........................................ 20,886,600
Vaccination program.................................... 691,200
GROSS APPROPRIATION.................................... $ 313,219,700
Appropriated from:
Federal revenues:
DOJ, Office of Justice Programs, RSAT.................. 250,200
Federal revenues and reimbursements.................... 385,200
Special revenue funds:
Prisoner health care copayments........................ 257,200
State general fund/general purpose..................... $ 312,327,100
Sec. 107. CORRECTIONAL FACILITIES
Average population............................. 39,342
Full-time equated classified positions........ 8,992.1
Alger Correctional Facility - Munising--259.0 FTE
positions............................................ $ 31,189,400
Baraga Correctional Facility - Baraga--293.8 FTE
positions............................................ 36,021,600
Bellamy Creek Correctional Facility - Ionia--391.2 FTE
positions............................................ 45,003,600
Carson City Correctional Facility - Carson City--424.4
FTE positions........................................ 49,613,500
Central Michigan Correctional Facility - St. Louis--
387.6 FTE positions.................................. 47,009,300
Charles E. Egeler Correctional Facility - Jackson--
387.6 FTE positions.................................. 46,801,100
Chippewa Correctional Facility - Kincheloe--445.6 FTE
positions............................................ 52,230,000
Cooper Street Correctional Facility - Jackson--262.1
FTE positions........................................ 30,325,000
Earnest C. Brooks Correctional Facility - Muskegon--
245.2 FTE positions.................................. 30,604,700
G. Robert Cotton Correctional Facility - Jackson--
393.0 FTE positions.................................. 45,634,700
Gus Harrison Correctional Facility - Adrian--443.6 FTE
positions............................................ 50,857,600
Ionia Correctional Facility - Ionia--287.3 FTE
positions............................................ 34,886,000
Kinross Correctional Facility - Kincheloe--256.6 FTE
positions............................................ 33,008,100
Lakeland Correctional Facility - Coldwater--276.4 FTE
positions............................................ 33,619,700
Macomb Correctional Facility - New Haven--292.8 FTE
positions............................................ 35,285,600
Marquette Branch Prison - Marquette--319.7 FTE
positions............................................ 38,697,200
Michigan Reformatory - Ionia--318.7 FTE positions...... 36,034,000
Muskegon Correctional Facility - Muskegon--206.0 FTE
positions............................................ 26,109,600
Newberry Correctional Facility - Newberry--198.1 FTE
positions............................................ 24,673,000
Oaks Correctional Facility - Eastlake--289.4 FTE
positions............................................ 34,862,600
Ojibway Correctional Facility - Marenisco--201.1 FTE
positions............................................ 23,747,300
Parnall Correctional Facility - Jackson--264.1 FTE
positions............................................ 29,475,600
Richard A. Handlon Correctional Facility - Ionia--
252.7 FTE positions.................................. 30,762,400
Saginaw Correctional Facility - Freeland--275.9 FTE
positions............................................ 33,835,800
Special Alternative Incarceration Program - Cassidy
Lake--120.0 FTE positions............................ 14,179,300
St. Louis Correctional Facility - St. Louis--302.6 FTE
positions............................................ 37,907,700
Thumb Correctional Facility - Lapeer--283.6 FTE
positions............................................ 33,809,700
Womens Huron Valley Correctional Complex - Ypsilanti--
504.1 FTE positions.................................. 60,568,400
Woodland Correctional Facility - Whitmore Lake--277.9
FTE positions........................................ 33,169,100
Northern region administration and support--43.0 FTE
positions............................................ 4,336,300
Southern region administration and support--89.0 FTE
positions............................................ 20,430,900
Facility closure....................................... (16,031,100)
GROSS APPROPRIATION.................................... $ 1,068,657,700
Appropriated from:
Federal revenues:
DOJ, state criminal assistance program................. 1,034,800
Special revenue funds:
State restricted fees, revenues, and reimbursements.... 102,100
State general fund/general purpose..................... $ 1,067,520,800
Sec. 108. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 30,583,400
GROSS APPROPRIATION.................................... $ 30,583,400
Appropriated from:
Special revenue funds:
Correctional industries revolving fund 110............. 178,600
Parole and probation oversight fees set-aside.......... 701,000
Program and special equipment fund..................... 444,000
State general fund/general purpose..................... $ 29,259,800
Sec. 109. ONE-TIME APPROPRIATIONS
Higher custody level programming....................... $ 2,400,000
New custody staff training............................. 8,227,700
GROSS APPROPRIATION.................................... $ 10,627,700
Appropriated from:
State general fund/general purpose..................... $ 10,627,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is $2,002,849,800.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $120,319,600.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF CORRECTIONS
County jail reimbursement program...................... $ 15,064,600
Community corrections comprehensive plans
and services......................................... 12,058,000
Felony drunk driver jail reduction and
community treatment program.......................... 1,440,100
Field operations....................................... 65,380,300
Leased beds and alternatives to leased beds............ 100
Prosecutorial and detainer expenses.................... 4,551,000
Public safety initiative............................... 4,000,000
Residential alternative to prison program.............. 1,500,000
Residential probation diversions....................... 16,325,500
TOTAL.................................................. $ 120,319,600
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "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 2018-2019:
(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 services and support.
(xiii) Prisoner health care services.
(xiv) Vaccination program.
(xv) Correctional facilities.
(xvi) Northern and southern region administration and support.
(xvii) Higher custody level programming.
(c) "Department" or "MDOC" means the Michigan department of
corrections.
(d) "DOJ" means the United States Department of Justice.
(e) "DOJ-BOP" means the DOJ Bureau of Prisons.
(f) "EPIC program" means the department's effective process
improvement and communications program.
(g) "Evidence-based" means a decision-making process that
integrates the best available research, clinician expertise, and
client characteristics.
(h) "Federally qualified health center" means that term as
defined in section 1396d(l)(2)(B) of the social security act, 42
USC 1396d.
(i) "FTE" means full-time equated.
(j) "Goal" means the intended or projected result of a
comprehensive corrections plan or community corrections program to
reduce repeat offending, criminogenic and high-risk behaviors,
prison commitment rates, the length of stay in a jail, or to
improve the utilization of a jail.
(k) "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.
(l) "MDHHS" means the Michigan department of health and human
services.
(m) "Medicaid benefit" means a benefit paid or payable under a
program for medical assistance under the social welfare act, 1939
PA 280, MCL 400.1 to 400.119b.
(n) "Objective risk and needs assessment" means an evaluation
of an offender's criminal history; the offender's noncriminal
history; and any other factors relevant to the risk the offender
would present to the public safety, including, but not limited to,
having demonstrated a pattern of violent behavior, and a criminal
record that indicates a pattern of violent offenses.
(o) "OCC" means the office of community corrections.
(p) "Offender eligibility criteria" means particular criminal
violations, state felony sentencing guidelines descriptors, and
offender characteristics developed by advisory boards and approved
by local units of government that identify the offenders suitable
for community corrections programs funded through the office of
community corrections.
(q) "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.
(r) "Offender target populations" means felons or
misdemeanants who would likely be sentenced to imprisonment in a
state correctional facility or jail, who would not likely increase
the risk to the public safety based on an objective risk and needs
assessment that indicates that the offender can be safely treated
and supervised in the community.
(s) "Offender who would likely be sentenced to imprisonment"
means either of the following:
(i) A felon or misdemeanant who receives a sentencing
disposition that appears to be in place of incarceration in a state
correctional facility or jail, according to historical local
sentencing patterns.
(ii) A currently incarcerated felon or misdemeanant who is
granted early release from incarceration to a community corrections
program or who is granted early release from incarceration as a
result of a community corrections program.
(t) "Programmatic success" means that the department program
or initiative has ensured that the offender has accomplished all of
the following:
(i) Obtained employment, has enrolled or participated in a
program of education or job training, or has investigated all bona
fide employment opportunities.
(ii) Obtained housing.
(iii) Obtained a state identification card.
(u) "Recidivism" means that term as defined in section 1 of
2017 PA 5, MCL 798.31.
(v) "RSAT" means residential substance abuse treatment.
(w) "Serious emotional disturbance" means that term as defined
in section 100d(2) of the mental health code, 1974 PA 258, MCL
330.1100d.
(x) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 258, MCL
330.1100d.
(y) "SSA" means the United States Social Security
Administration.
(z) "SSA-SSI" means SSA supplemental security income.
Sec. 204. The department shall use the internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement or it may include
placement of reports on an internet or intranet site.
Sec. 205. 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. 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. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The department shall not take disciplinary action
against an employee or a prisoner for communicating with a member
of the legislature or his or her staff.
Sec. 207. The department shall prepare a report on out-of-
state travel expenses not later than January 1 of each year. The
travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the
senate and house fiscal agencies, and the state budget office. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 208. Funds appropriated in part 1 shall not be used by
the department to hire a person to provide legal services that are
the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, 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. 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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for the department:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the chairpersons of the senate and
house appropriations committees, the chairpersons of the senate and
house appropriations subcommittees on corrections, and the senate
and house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the prior 2 fiscal
years.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $319,141,800.00. From this amount, total
department appropriations for pension-related legacy costs are
estimated at $147,129,800.00. Total department appropriations for
retiree health care legacy costs are estimated at $172,012,000.00.
Sec. 217. The department shall receive and retain copies of
all reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 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. 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. 247. In cooperation with the state court administrative
office, the department shall assist with the data compilation for
the swift and sure sanctions program.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 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. 304. The department shall maintain a staff savings
initiative program in conjunction with the EPIC program for
employees to submit suggestions for efficiencies for the
department. The department shall consider each suggestion in a
timely manner. 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 process improvements that
were implemented based on suggestions that were recommended for
implementation from the staff savings initiative and EPIC programs.
Sec. 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. 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. 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. 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. 309. The department shall issue a report for all
correctional facilities 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 January 1 setting forth the following information for each
facility: its name, street address, and date of construction; its
current maintenance costs; any maintenance planned; its current
utility costs; its expected future capital improvement costs; the
current unspent balance of any authorized capital outlay projects,
including the original authorized amount; and its expected future
useful life.
Sec. 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. 312. (1) From the funds appropriated in part 1 for budget
and operations administration, $50,000.00 shall be used to conduct
a comprehensive study of the prevalence of post-traumatic stress
disorder and other psychological issues among correctional officers
that are exacerbated by the corrections environment and exposure to
highly stressful situations.
(2) By April 1, the department shall submit a report on the
results of the study to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
the legislative corrections ombudsman, and the state budget office.
OFFENDER SUCCESS ADMINISTRATION
Sec. 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. 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
information on both of the following:
(a) Details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and
service provider.
(b) Allocations and planned expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider. The department shall provide an
amended report quarterly, if any revisions to allocations or
planned expenditures occurred during that quarter.
Sec. 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. 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. 405. 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 substance abuse testing
and treatment program objectives, outcome measures, and results,
including program impact on offender success and programmatic
success.
Sec. 406. From the funds appropriated in part 1, the
department will work with the organization representing federally
qualified health centers (FQHCs) to implement a pilot project to
ensure that behavioral and physical health needs among parolees and
probationers are addressed. The pilot project will position FQHCs
to ensure that parolees and probationers are enrolled in and
maintain access to benefits for which they qualify, are linked to
the health care services they need, follow up with providers, stay
on their medications, are engaged in services, and have barriers to
care addressed. The department will make necessary accommodations
to perform the transition planning to allow for a direct referral
to the FQHC organization to patients in relevant areas. The FQHC
organization may submit annual reports detailing outcomes to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office.
Sec. 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. 408. The department shall measure the recidivism rates of
offenders.
Sec. 409. (1) The department shall engage with the talent
investment agency within the department of talent and economic
development and local entities to design services and shall use
appropriations provided in part 1 for offender success and
vocational education programs. The department shall ensure that the
collaboration provides relevant professional development
opportunities to prisoners to ensure that the programs 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. The programs
shall begin upon the intake of the prisoner into a department
facility.
(2) The department shall continue to offer workforce
development programming through the entire duration of the
prisoner's incarceration to encourage employment upon release.
(3) By March 1, the department shall provide 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 detailing the results of the
workforce development program.
Sec. 410. (1) The funds included in part 1 for community
corrections comprehensive plans and services are to encourage the
development through technical assistance grants, implementation,
and operation of community corrections programs that enhance
offender success and that also may serve as an alternative to
incarceration in a state facility or jail. The comprehensive
corrections plans shall include an explanation of how the public
safety will be maintained, the goals for the local jurisdiction,
offender target populations intended to be affected, offender
eligibility criteria for purposes outlined in the plan, and how the
plans will meet the following objectives, consistent with section
8(4) of the community corrections act, 1988 PA 511, MCL 791.408:
(a) Reduce admissions to prison of offenders who would likely
be sentenced to imprisonment, including probation violators.
(b) Improve the appropriate utilization of jail facilities,
the first priority of which is to open jail beds intended to house
otherwise prison-bound felons, and the second priority being to
appropriately utilize jail beds so that jail crowding does not
occur.
(c) Open jail beds through the increase of pretrial release
options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of
offenders, including probation violators and parole violators, for
substance abuse violations.
(f) Contribute to offender success.
(2) The award of community corrections comprehensive plans and
residential services funds shall be based on criteria that include,
but are not limited to, the prison commitment rate by category of
offenders, trends in prison commitment rates and jail utilization,
historical trends in community corrections program capacity and
program utilization, and the projected impact and outcome of annual
policies and procedures of programs on offender success, prison
commitment rates, and jail utilization.
(3) Funds awarded for residential probation diversions in part
1 shall provide for a per diem reimbursement of not more than
$47.50 for nonaccredited facilities, or of not more than $48.50 for
facilities that have been accredited by the American Corrections
Association or a similar organization as approved by the
department.
Sec. 411. The comprehensive corrections plans shall also
include, where appropriate, descriptive information on the full
range of sanctions and services that are available and utilized
within the local jurisdiction and an explanation of how jail beds,
residential services, the special alternative incarceration
program, probation detention centers, the electronic monitoring
program for probationers, and treatment and rehabilitative services
will be utilized to support the objectives and priorities of the
comprehensive corrections plans and the purposes and priorities of
section 8(4) of the community corrections act, 1988 PA 511, MCL
791.408, that contribute to the success of offenders. The plans
shall also include, where appropriate, provisions that detail how
the local communities plan to respond to sentencing guidelines
found in chapter XVII of the code of criminal procedure, 1927 PA
175, MCL 777.1 to 777.69, and use the county jail reimbursement
program under section 414 of this part. The state community
corrections board shall encourage local community corrections
advisory boards to include in their comprehensive corrections plans
strategies to collaborate with local alcohol and drug treatment
agencies of the MDHHS for the provision of alcohol and drug
screening, assessment, case management planning, and delivery of
treatment to alcohol- and drug-involved offenders.
Sec. 412. (1) As part of the March biannual report specified
in section 12(2) of the community corrections act, 1988 PA 511, MCL
791.412, that requires an analysis of the impact of that act on
prison admissions and jail utilization, 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 felony
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. 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 subsection:
(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
the county jail 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.
Sec. 416. Allowable uses of felony drunk driver jail reduction
and community treatment program funding shall include reimbursing
counties for transportation, treatment costs, and housing felony
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. 417. (1) 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 each of the following
programs from the previous fiscal year:
(a) The county jail reimbursement program.
(b) The felony drunk driver jail reduction and community
treatment program.
(c) Any new initiatives to control prison population growth
funded or proposed to be funded under part 1.
(2) For each program listed under subsection (1), the report
shall include information on each of the following:
(a) Program objectives and outcome measures, including, but
not limited to, the number of offenders who successfully completed
the program, and the number of offenders who successfully remained
in the community during the 3 years following termination from the
program.
(b) Expenditures by location.
(c) The impact on jail utilization.
(d) The impact on prison admissions.
(e) Other information relevant to an evaluation of the
program.
Sec. 418. (1) The department shall collaborate with the state
court administrative office on facilitating changes to Michigan
court rules that would require the court to collect at the time of
sentencing 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. The department shall
maintain those documents in the prisoner's personal file.
(2) The department shall cooperate with MDHHS to create and
maintain a process by which prisoners can obtain their Michigan
birth certificates if necessary. The department shall describe a
process for obtaining birth certificates from other states, and in
situations where the prisoner's effort fails, the department shall
assist in obtaining the birth certificate.
(3) The department shall collaborate with the department of
military and veterans affairs to create and maintain a process by
which prisoners can obtain a copy of their DD Form 214 or other
military discharge documentation if necessary.
Sec. 419. (1) The department shall provide weekly 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 on
prisoner populations by security levels by facility, prison
facility capacities, and parolee and probationer populations.
(2) 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, 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. 421. (1) Funds appropriated in part 1 for the substance
abuse parole certain sanction program shall be distributed to an
American Correctional Association accredited rehabilitation
organization operating in any of the following counties: Berrien,
Calhoun, Genesee, Kalamazoo, Kent, Macomb, Muskegon, Oakland,
Saginaw, and Wayne for operations and administration of the
program. The program may be utilized as a condition of parole for
technical parole violators to ensure public safety and justice
through a program based on evidence-based tactics and programs.
(2) The program or programs 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 who participate in the program, the number of
individuals who return to prison after participating, and outcomes
of participants who complete the program.
Sec. 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. 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. 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. 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
which serves a population of persons 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. 602. The funds appropriated in part 1 for the supervising
region incentive program shall be used only to fund an incentive
program for field operations administration regions in accordance
with the supervising region incentive act, 2017 PA 11, MCL 791.131
to 791.137.
Sec. 603. (1) All prisoners, probationers, and parolees
involved with the curfew monitoring program shall reimburse the
department for costs associated with their participation in the
program. The department may require community service work
reimbursement as a means of payment for those able-bodied
individuals unable to pay for the costs of the equipment.
(2) Program participant contributions and local program
reimbursement for the curfew monitoring program appropriated in
part 1 are related to program expenditures and may be used to
offset expenditures for this purpose.
(3) 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. The department shall
determine the appropriate distribution of the curfew monitor units
throughout the state based upon locally developed comprehensive
corrections plans under the community corrections act, 1988 PA 511,
MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department
shall provide counties with the curfew monitor equipment,
replacement parts, administrative oversight of the equipment's
operation, notification of violators, and periodic reports
regarding county program participants. Counties are responsible for
curfew monitor equipment installation and service. For an
additional fee as determined by the department, the department
shall provide staff to install and service the equipment. Counties
are responsible for the coordination and apprehension of program
violators.
(5) Any county with curfew monitor charges outstanding over 60
days shall be considered in violation of the community curfew
monitor program agreement and lose access to the program.
Sec. 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. 611. The department shall prepare by March 1 individual
reports for the residential reentry program, the electronic
monitoring program, and the special alternative to incarceration
program. The reports 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. Each program's report shall include
information on all of the following:
(a) Monthly new participants by type of offender. Community
reentry program participants shall be categorized by reason for
placement. For technical rule violators, the report shall sort
offenders by length of time since release from prison, by the most
recent violation, and by the number of violations occurring since
release from prison.
(b) Monthly participant unsuccessful terminations, including
cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of each program location or locations,
capacity, and staffing.
(h) Sentencing guideline scores and actual sentence statistics
for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail
utilization and the cost effectiveness of the program.
Sec. 612. (1) The department shall review and revise as
necessary policy proposals that provide alternatives to prison for
offenders being sentenced to prison as a result of technical
probation violations and technical parole violations. To the extent
the department has insufficient policies or resources to affect the
continued increase in prison commitments among these offender
populations, the department shall explore other policy options to
allow for program alternatives, including department or OCC-funded
programs, local level programs, and programs available through
private agencies that may be used as prison alternatives for these
offenders.
(2) By April 1, the department shall provide 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 on the number of all
parolees returned to prison and probationers sentenced to prison
for either a technical violation or new sentence during the
preceding fiscal year. The report shall include the following
information for probationers, for parolees after their first
parole, and for parolees who have been paroled more than once:
(a) The numbers of parole and probation violators returned to
or sent to prison for a new crime with a comparison of original
versus new offenses by major offense type: assaultive,
nonassaultive, drug, and sex.
(b) The numbers of parole and probation violators returned to
or sent to prison for a technical violation and the type of
violation, including, but not limited to, zero gun tolerance and
substance abuse violations. For parole technical rule violators,
the report shall list violations by type, by length of time since
release from prison, by the most recent violation, and by the
number of violations occurring since release from prison.
(c) The educational history of those offenders, including how
many had a high school equivalency or high school diploma prior to
incarceration in prison, how many received a high school
equivalency while in prison, and how many received a vocational
certificate while in prison.
(d) The number of offenders who participated in the reentry
program versus the number of those who did not.
(e) The unduplicated number of offenders who participated in
substance abuse treatment programs, mental health treatment
programs, or both, while in prison, itemized by diagnosis.
Sec. 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. 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
the following metric goals:
(a) 85% of participants successfully complete the program.
(b) Of the participants that complete the program, 75% will
earn a nationally recognized credential for career and vocational
programs.
(c) Of the participants that complete the program, 100% will
earn a certificate of completion for cognitive programming.
(d) The prison commitment rate for probation violators will be
reduced by 5% within the impacted geographical area after the first
year of program operation.
HEALTH CARE
Sec. 802. (1) As a condition of expenditure of the funds
appropriated in part 1 for health care, the department shall
provide the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office with quarterly
reports on physical and mental health care detailing quarterly and
fiscal year-to-date expenditures itemized by vendor, allocations,
status of payments from contractors to vendors, and projected year-
end expenditures from accounts for prisoner health care, mental
health care, pharmaceutical services, and durable medical
equipment.
(2) The reports shall include an itemized listing of quarterly
and fiscal year-to-date expenditures for the following:
(a) Physical health care, to include offsite, specialty, and
physical health care services provided by the department.
(b) Physical health care, to include offsite, specialty, and
physical health care services provided as part of integrated health
care services.
(c) Clinical care provided by the department.
(d) Clinical care provided as part of integrated health care
services.
(e) Mental health care provided by the department.
(f) Mental health care provided as part of integrated health
care services.
(g) Pharmacy services provided by the department.
(h) Pharmacy services provided as part of integrated health
care services.
Sec. 803. (1) The department shall assure that all prisoners,
upon any health care treatment, 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. 804. The department shall report quarterly 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. 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 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, showing for the
previous 4 quarters 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.
Sec. 812. (1) The department shall provide the department of
health and human services with a monthly list of prisoners newly
committed to the department of corrections. The department and the
department of health and human services shall enter into an
interagency agreement under which the department of health and
human services provides the department of corrections with monthly
lists of newly committed prisoners who are eligible for Medicaid
benefits in order to maintain the process by which Medicaid
benefits are suspended rather than terminated. The department shall
assist prisoners who may be eligible for Medicaid benefits after
release from prison with the Medicaid enrollment process prior to
release from prison.
(2) The department shall provide the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the
state budget office with quarterly updates on the utilization of
Medicaid benefits for prisoners.
Sec. 816. By April 1, the department shall provide the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman,
and the state budget office with a report on pharmaceutical
expenditures and prescribing practices. In particular, the report
shall provide the following information:
(a) A detailed accounting of expenditures on antipsychotic
medications.
(b) Any changes that have been made to the prescription drug
formularies.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 904. The department shall calculate the per prisoner/per
day cost for each prisoner 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 per
prisoner/per day costs, 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. 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. 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. 910. The department shall allow the Michigan Braille
transcribing fund program to operate at its current location. The
donation of the building by the Michigan Braille transcribing fund
at the G. Robert Cotton Correctional Facility in Jackson is
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. 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. 912. The department shall report monthly 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. 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) It is the intent of the legislature that any prisoner
required to complete a violence prevention program, sexual offender
program, or other program as a condition of parole shall be placed
on a waiting list for the appropriate programming upon entrance to
prison and transferred to a facility where that program is
available in order to accomplish timely completion of that program
prior to the expiration of his or her minimum sentence and
eligibility for parole. Nothing in this section should be deemed to
make parole denial appealable in court.
(3) 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. 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. 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. 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, 2017 and
September 30, 2018, and the annual number of prisoners in
administrative segregation between October 1, 2017 and September
30, 2018 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. 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. 930. 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 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. 940. (1) Any lease, rental, contract, or other legal
agreement that includes a provision allowing a private person or
entity to use state-owned facilities or other property to conduct a
for-profit business enterprise shall require the lessee to pay fair
market value for the use of the state-owned property.
(2) The lease, rental, contract, or other legal agreement
shall also require the party using the property to make a payment
in lieu of taxes to the local jurisdictions that would otherwise
receive property tax revenue, as if the property were not owned by
the state.
Sec. 942. The department shall ensure that any contract with a
public or private party to operate a facility to house state
prisoners includes a provision to allow access by both the office
of the legislative auditor general and the office of the
legislative corrections ombudsman to the facility and to
appropriate records and documents related to the operation of the
facility. These access rights for both offices shall be the same
for the contracted facility as for a general state-operated
correctional facility.
Sec. 943. The department shall submit a report by May 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 the actual and projected
savings achieved by closing correctional facilities. Savings
amounts shall be itemized by facility. Information required by this
section shall start with the closure of the Pugsley Correctional
Facility, which closed in September of 2016.
Sec. 944. When the department is planning to close a
correctional facility, the department shall fully consider the
potential economic impact of the prison closure on the community
where the facility is located. The department, when weighing all
factors related to the closure of a facility, shall also consider
the impact on the local community where the facility to be closed
is located.
Sec. 945. As a condition of expenditure of the funds
appropriated in part 1, the department shall provide the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and
the state budget office with monthly status reports on
implementation of utilization of state employees for prison food
service operations. Reports shall include, but not be limited to,
the following:
(a) Implementation timeline.
(b) Delays in implementation and cause for delays.
(c) Number of employees necessary to sufficiently perform food
service operations, by facility, including position titles.
(d) Number of food service-related employees hired, by
facility, by position.
(e) Number of food service-related vacant positions, by
facility.
(f) Listing of all food service-related contracts and goods or
services to be provided through those contracts.
(g) Percent of food service-related contracts awarded to
disadvantaged business owners.
MISCELLANEOUS
Sec. 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 email 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.
Sec. 1011. The department may accept in-kind services and
equipment donations to facilitate the addition of a cable network
that provides programming that will address the religious needs of
incarcerated individuals. This network may be a cable television
network that presently reaches the majority of households in the
United States. A bilingual channel affiliated with this network may
also be added to department programming to assist the religious
needs of Spanish-speaking inmates. The addition of these channels
shall be at no additional cost to this state.
Sec. 1013. From the funds appropriated in part 1, priority may
be given to funding reentry or rehabilitation programs that have
been demonstrated to reduce prison violence and recidivism,
including faith-based initiatives.
ONE-TIME APPROPRIATIONS
Sec. 1100. From the funds appropriated in part 1 for new
custody staff training, the department shall increase the training
capacity for new custody staff. The purpose of additional academies
is to address higher than normal attrition of correction officers
and decrease overtime costs.
ARTICLE VI
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
education for the fiscal year ending September 30, 2019, from the
following funds:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 614.5
GROSS APPROPRIATION.................................... $ 357,107,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 357,107,300
Federal revenues:
Total federal revenues................................. 255,366,800
Special revenue funds:
Total local revenues................................... 5,852,800
Total private revenues................................. 2,035,800
Total other state restricted revenues.................. 8,668,200
State general fund/general purpose..................... $ 85,183,700
Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE
SUPERINTENDENT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 13.0
Unclassified positions--6.0 FTE positions.............. $ 868,900
Education commission of the states..................... 120,800
State board of education, per diem payments............ 24,400
State board/superintendent operations--13.0 FTE
positions............................................ 2,634,000
GROSS APPROPRIATION.................................... $ 3,648,100
Appropriated from:
Federal revenues:
Federal revenues....................................... 238,400
Special revenue funds:
Private foundations.................................... 28,100
Certification fees..................................... 783,800
State general fund/general purpose..................... $ 2,597,800
Sec. 103. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated classified positions........... 23.6
Central support operations--23.6 FTE positions......... $ 3,761,500
Federal and private grants............................. 3,000,000
Property management.................................... 3,362,100
Terminal leave payments................................ 353,300
Training and orientation workshops..................... 150,000
Worker's compensation.................................. 28,200
GROSS APPROPRIATION.................................... $ 10,655,100
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,688,600
Federal indirect funds................................. 2,480,200
Special revenue funds:
Private foundations.................................... 1,000,000
Certification fees..................................... 411,500
Teacher testing fees................................... 4,200
Training and orientation workshop fees................. 150,000
State general fund/general purpose..................... $ 2,920,600
Sec. 104. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 4,287,500
GROSS APPROPRIATION.................................... $ 4,287,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 630,900
Federal indirect funds................................. 1,865,600
Special revenue funds:
Certification fees..................................... 406,500
State general fund/general purpose..................... $ 1,384,500
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions........... 47.0
Special education operations--47.0 FTE positions....... $ 9,263,800
GROSS APPROPRIATION.................................... $ 9,263,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,678,800
Special revenue funds:
Private foundations.................................... 110,100
Certification fees..................................... 45,300
State general fund/general purpose..................... $ 429,600
Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions........... 82.0
Camp Tuhsmeheta--1.0 FTE position...................... $ 297,600
Low incidence outreach program......................... 750,000
Michigan schools for the deaf and blind operations--
81.0 FTE positions................................... 13,430,700
Private gifts - blind.................................. 200,000
Private gifts - deaf................................... 150,000
GROSS APPROPRIATION.................................... $ 14,828,300
Appropriated from:
Federal revenues:
Federal revenues....................................... 7,484,600
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 5,852,800
Gifts, bequests, and donations......................... 647,600
Low incidence outreach fund............................ 750,000
Student insurance revenue.............................. 93,300
State general fund/general purpose..................... $ 0
Sec. 107. PROFESSIONAL PREPARATION SERVICES
Full-time equated classified positions........... 33.0
Professional preparation operations--33.0 FTE
positions............................................ $ 5,569,700
GROSS APPROPRIATION.................................... $ 5,569,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,471,600
Special revenue funds:
Certification fees..................................... 3,678,000
Teacher testing fees................................... 193,300
State general fund/general purpose..................... $ 226,800
Sec. 108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions........... 66.0
Child development and care external support............ $ 28,749,600
Child development and care public assistance........... 162,396,100
Head start collaboration office--1.0 FTE position...... 313,700
Office of great start operations--65.0 FTE positions... 25,746,200
GROSS APPROPRIATION.................................... $ 217,205,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 175,558,400
Special revenue funds:
Private foundations.................................... 250,000
Certification fees..................................... 64,600
State general fund/general purpose..................... $ 41,332,600
Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES
Full-time equated classified positions........... 11.5
State aid and school finance operations--11.5 FTE
positions............................................ $ 1,671,500
GROSS APPROPRIATION.................................... $ 1,671,500
Appropriated from:
State general fund/general purpose..................... $ 1,671,500
Sec. 110. AUDIT SERVICES
Full-time equated classified positions............ 4.5
Audit operations--4.5 FTE positions.................... $ 624,700
GROSS APPROPRIATION.................................... $ 624,700
Appropriated from:
Federal revenues:
Federal indirect funds................................. 496,600
Special revenue funds:
Certification fees..................................... 62,900
State general fund/general purpose..................... $ 65,200
Sec. 111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions............ 2.0
Administrative law operations--2.0 FTE positions....... $ 1,392,900
GROSS APPROPRIATION.................................... $ 1,392,900
Appropriated from:
Federal revenues:
Federal revenues....................................... 573,800
Special revenue funds:
Certification fees..................................... 717,400
State general fund/general purpose..................... $ 101,700
Sec. 112. ACCOUNTABILITY SERVICES
Full-time equated classified positions........... 64.6
Accountability services operations--64.6 FTE positions. $ 14,828,600
GROSS APPROPRIATION.................................... $ 14,828,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 12,652,400
State general fund/general purpose..................... $ 2,176,200
Sec. 113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions........... 83.6
School support services operations--83.6 FTE positions. $ 17,238,800
GROSS APPROPRIATION.................................... $ 17,238,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 14,690,300
Special revenue funds:
Certification fees..................................... 87,600
Commodity distribution fees............................ 71,700
State general fund/general purpose..................... $ 2,389,200
Sec. 114. FIELD SERVICES
Full-time equated classified positions........... 47.0
Field services operations--47.0 FTE positions.......... $ 9,494,900
GROSS APPROPRIATION.................................... $ 9,494,900
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,722,200
Special revenue funds:
Certification fees..................................... 37,300
State general fund/general purpose..................... $ 735,400
Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION
SERVICES
Full-time equated classified positions........... 44.7
Educational improvement and innovation operations--
44.7 FTE positions................................... $ 9,090,000
GROSS APPROPRIATION.................................... $ 9,090,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 5,942,100
Special revenue funds:
Certification fees..................................... 565,100
State general fund/general purpose..................... $ 2,582,800
Sec. 116. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions........... 29.0
Career and technical education operations--29.0 FTE
positions............................................ $ 5,312,900
GROSS APPROPRIATION.................................... $ 5,312,900
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,944,400
State general fund/general purpose..................... $ 1,368,500
Sec. 117. LIBRARY OF MICHIGAN
Full-time equated classified positions........... 33.0
Library of Michigan operations--31.0 FTE positions..... $ 4,900,200
Library services and technology program--1.0 FTE
position............................................. 5,611,400
Michigan eLibrary--1.0 FTE position.................... 1,757,900
Renaissance zone reimbursements........................ 2,500,000
State aid to libraries................................. 11,067,700
GROSS APPROPRIATION.................................... $ 25,837,200
Appropriated from:
Federal revenues:
Federal revenues....................................... 5,611,400
Special revenue funds:
Library fees........................................... 300,000
State general fund/general purpose..................... $ 19,925,800
SEC. 118. EDUCATOR TALENT AND POLICY COORDINATION
Full-time equated classified positions........... 17.0
Educator talent and policy coordination operations--
17.0 FTE positions................................... $ 2,652,700
GROSS APPROPRIATION.................................... $ 2,652,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 636,500
Special revenue funds:
Certification fees..................................... 245,600
State general fund/general purpose..................... $ 1,770,600
SEC. 119. PARTNERSHIP DISTRICT SUPPORT
Full-time equated classified positions........... 13.0
Partnership district support operations--13.0 FTE
positions............................................ $ 3,504,900
GROSS APPROPRIATION.................................... $ 3,504,900
Appropriated from:
State general fund/general purpose..................... $ 3,504,900
Sec. 120. ONE-TIME APPROPRIATIONS
Drinking water declaration of emergency................ $ 100
GROSS APPROPRIATION.................................... $ 100
Appropriated from:
Special revenue funds:
Drinking water emergency reserve fund.................. 100
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is $93,851,900.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $13,567,700.00. The itemized statement
below identifies appropriations from which spending to local units
of government will occur:
DEPARTMENT OF EDUCATION
Renaissance zone reimbursements........................ $ 2,500,000
State aid to libraries................................. 11,067,700
Total department of education.......................... $ 13,567,700
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Department" means the Michigan department of education.
(b) "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.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 204. The departments and agencies receiving
appropriations in part 1 shall use the internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
Sec. 205. 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. 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. 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. 206. 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. 207. 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 must 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. 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. 209. Not later than November 30, 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. 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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget 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. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office 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, 2018 and September 30, 2019.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $15,595,300.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $7,189,700.00. Total agency appropriations for retiree
health care legacy costs are estimated at $8,405,600.00.
Sec. 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. 217. The department may assist the department of health
and human services, other departments, 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. 219. From the funds appropriated in part 1, the
department shall ensure that kindergarten benchmark data include a
method for information to be provided regarding a child's
participation in the great start readiness program.
Sec. 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. 221. The department shall require all districts and
intermediate school districts to maintain complete records within
the personnel file of a teacher or school employee of any
disciplinary actions taken by the governing board against the
teacher or employee for sexual misconduct. The records shall not be
destroyed or removed from the teacher's or employee's personnel
file except as required by a court order.
Sec. 222. The department shall not take disciplinary action
against an employee who communicates truthfully and factually with
a member of the legislature or his or her staff.
Sec. 223. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 225. (1) The department shall do all of the following:
(a) Not later than August 1, 2018, open the grant application
process. The department shall send districts and post on its
publicly accessible website the grant application and award process
schedule and the list of the state grants available in the 2018-
2019 state fiscal year under article I of the state school aid act
of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.
(b) On October 1, 2018, close the grant application process
and begin the award process for state grant funds appropriated in
the 2018-2019 state fiscal year under article I of the state school
aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.
(c) Not later than November 1, 2018, distribute grant awards
for state grant funds appropriated in the 2018-2019 state fiscal
year under article I of the state school aid act of 1979, 1979 PA
94, MCL 388.1601 to 388.1772.
(2) If the department fails to comply with subdivision (a),
(b), or (c), the state money appropriated in part 1 for
unclassified positions, state board/superintendent operations,
school support services operations, and field services operations
shall each be reduced by 5%.
Sec. 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. 227. (1) The department shall provide data requested by a
member of the legislature, his or her staff, or the house and
senate fiscal agencies in a timely manner. If the department fails
to provide reasonably requested data within 30 days after the
request, the state money appropriated in part 1 for state
board/superintendent operations shall be reduced by 1%.
(2) If the department fails to provide to the legislature
reports and other data required by boilerplate or statute within 30
days after the date the information is due, the state money
appropriated in part 1 for state board/superintendent operations
shall be reduced by 1%.
Sec. 229. The department shall not enter into a contract
funded under part 1 that exceeds $1,000,000.00, submit federal
accountability plans, or request amendments to federal
accountability plans until after notification of the content to
both the house and senate appropriations committees and the state
budget director.
Sec. 230. From the funds appropriated in part 1, the
department shall compile a report that identifies any new, or lack
thereof, mandates required of nonpublic schools. In compiling the
report, the department may consult with relevant statewide
education associations in Michigan. The report compiled by the
department shall indicate the type of mandate, including, but not
limited to, student health, student or building safety,
accountability, and educational requirements, and shall indicate
whether a school has to report on the specified mandates. The
report required under this section shall be completed by April 1,
2019 and transmitted to the state budget director, the house and
senate appropriations subcommittees responsible for the department
of education, and the senate and house fiscal agencies not later
than April 15, 2019.
STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT
Sec. 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.
Sec. 302. From the amount appropriated in part 1 to the state
board of education, not more than $35,000.00 shall be expended in
the current fiscal year for in-state travel and out-of-state travel
directly related to the duties of the state board of education.
CENTRAL SUPPORT
Sec. 325. Within 10 days of the receipt of a grant
appropriated in the federal and private grants line item in part 1,
the department shall notify the house and senate chairpersons of
the appropriations subcommittees responsible for the department
budget, the house and senate fiscal agencies, and the state budget
director of the receipt of the grant, including the funding source,
purpose, and amount of the grant.
SPECIAL EDUCATION SERVICES
Sec. 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.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 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. 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. 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. 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. 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.
PROFESSIONAL PREPARATION SERVICES
Sec. 501. From the funds appropriated in part 1 for
professional preparation services, the department shall maintain
certificate revocation/felony conviction files of educational
personnel.
Sec. 502. The department shall authorize teacher preparation
institutions to provide an alternative program by which up to 1/2
of the required student internship or student teaching credits may
be earned through substitute teaching. The department shall require
that teacher preparation institutions collaborate with school
districts to ensure that the quality of instruction provided to
student teachers is comparable to that required in a traditional
student teaching program.
Sec. 503. From the funds appropriated in part 1, the
department shall, upon request, consult with the Michigan Virtual
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. 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. 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. 601. From the funds appropriated in part 1, there is
allocated to the department 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.
FIELD SERVICES
Sec. 701. (1) From the funds appropriated in part 1 for field
services operations, 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 3.
(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, 2019.
LIBRARY OF MICHIGAN
Sec. 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. 803. It is the intent of the legislature that the Library
of Michigan and the component programs currently within the Library
of Michigan with the exception of the genealogical collections
shall be kept together in a state department.
Sec. 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 2018. 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. 1001. By November 1, 2018, the department shall submit a
report to the house and senate appropriations subcommittees on the
department of education budget and the house and senate fiscal
agencies on the average number of eligible child care providers by
type receiving payment for child care services from the department
for the fiscal year ending September 30, 2018.
Sec. 1002. (1) From the funds appropriated in part 1 for child
development and care public assistance, provider reimbursement
rates are as follows:
(a) The reimbursement rates for child care center providers
for children 0 to 2-1/2 years are as follows:
(i) The reimbursement rate for child care center providers
with an empty star rating is $4.00 per hour for each child.
(ii) The reimbursement rate for child care center providers
with a 1-star rating is $4.00 per hour for each child.
(iii) The reimbursement rate for child care center providers
with a 2-star rating is $4.25 per hour for each child.
(iv) The reimbursement rate for child care center providers
with a 3-star rating is $4.75 per hour for each child.
(v) The reimbursement rate for child care center providers
with a 4-star rating is $5.00 per hour for each child.
(vi) The reimbursement rate for child care center providers
with a 5-star rating is $5.50 per hour for each child.
(b) The reimbursement rates for child care center providers
for children over 2-1/2 years are as follows:
(i) The reimbursement rate for child care center providers
with an empty star rating is $2.75 per hour for each child.
(ii) The reimbursement rate for child care center providers
with a 1-star rating is $2.75 per hour for each child.
(iii) The reimbursement rate for child care center providers
with a 2-star rating is $3.00 per hour for each child.
(iv) The reimbursement rate for child care center providers
with a 3-star rating is $3.50 per hour for each child.
(v) The reimbursement rate for child care center providers
with a 4-star rating is $3.75 per hour for each child.
(vi) The reimbursement rate for child care center providers
with a 5-star rating is $4.25 per hour for each child.
(c) The reimbursement rates for group home providers for
children 0 to 2-1/2 years are as follows:
(i) The reimbursement rate for group home providers with an
empty star rating is $3.15 per hour for each child.
(ii) The reimbursement rate for group home providers with a 1-
star rating is $3.15 per hour for each child.
(iii) The reimbursement rate for group home providers with a
2-star rating is $3.40 per hour for each child.
(iv) The reimbursement rate for group home providers with a 3-
star rating is $3.90 per hour for each child.
(v) The reimbursement rate for group home providers with a 4-
star rating is $4.15 per hour for each child.
(vi) The reimbursement rate for group home providers with a 5-
star rating is $4.65 per hour for each child.
(d) The reimbursement rates for group home providers for
children over 2-1/2 years are as follows:
(i) The reimbursement rate for group home providers with an
empty star rating is $2.65 per hour for each child.
(ii) The reimbursement rate for group home providers with a 1-
star rating is $2.65 per hour for each child.
(iii) The reimbursement rate for group home providers with a
2-star rating is $2.90 per hour for each child.
(iv) The reimbursement rate for group home providers with a 3-
star rating is $3.40 per hour for each child.
(v) The reimbursement rate for group home providers with a 4-
star rating is $3.65 per hour for each child.
(vi) The reimbursement rate for group home providers with a 5-
star rating is $4.15 per hour for each child.
(e) The reimbursement rates for registered family home
providers for children 0 to 2-1/2 years are as follows:
(i) The reimbursement rate for registered family home
providers with an empty star rating is $3.15 per hour for each
child.
(ii) The reimbursement rate for registered family home
providers with a 1-star rating is $3.15 per hour for each child.
(iii) The reimbursement rate for registered family home
providers with a 2-star rating is $3.40 per hour for each child.
(iv) The reimbursement rate for registered family home
providers with a 3-star rating is $3.90 per hour for each child.
(v) The reimbursement rate for registered family home
providers with a 4-star rating is $4.15 per hour for each child.
(vi) The reimbursement rate for registered family home
providers with a 5-star rating is $4.65 per hour for each child.
(f) The reimbursement rates for registered family home
providers for children over 2-1/2 years are as follows:
(i) The reimbursement rate for registered family home
providers with an empty star rating is $2.65 per hour for each
child.
(ii) The reimbursement rate for registered family home
providers with a 1-star rating is $2.65 per hour for each child.
(iii) The reimbursement rate for registered family home
providers with a 2-star rating is $2.90 per hour for each child.
(iv) The reimbursement rate for registered family home
providers with a 3-star rating is $3.40 per hour for each child.
(v) The reimbursement rate for registered family home
providers with a 4-star rating is $3.65 per hour for each child.
(vi) The reimbursement rate for registered family home
providers with a 5-star rating is $4.15 per hour for each child.
(g) The reimbursement rates for unlicensed providers for
children 0 to age 2-1/2 years are as follows:
(i) The reimbursement rate for unlicensed providers with a
tier 1 rating is $1.60 per hour for each child.
(ii) The reimbursement rate for unlicensed providers with a
tier 2 rating is $2.95 per hour for each child.
(h) The reimbursement rates for unlicensed providers for
children over 2-1/2 years are as follows:
(i) The reimbursement rate for unlicensed providers with a
tier 1 rating is $1.60 per hour for each child.
(ii) The reimbursement rate for unlicensed providers with a
tier 2 rating is $2.60 per hour for each child.
(2) The department shall ensure that the final provider
reimbursement rates determined under this section are published on
the department and great start to quality webpages.
Sec. 1003. (1) The department shall provide the house and
senate appropriations subcommittees on the department budget with
an annual report on all funding appropriated to the Early Childhood
Investment Corporation by this state during the previous fiscal
year. The report is due by February 15 and must contain at least
the following information:
(a) Total funding appropriated to the Early Childhood
Investment Corporation by the state during the previous fiscal
year.
(b) The amount of funding for each grant awarded.
(c) The grant recipients.
(d) The activities funded by each grant.
(e) An analysis of each grant recipient's success in
addressing the development of a comprehensive system of early
childhood services and supports.
(2) All department contracts for early childhood comprehensive
systems planning shall be bid out through a statewide request-for-
proposal process.
Sec. 1004. From the funds appropriated in part 1 for office of
great start operations, there is allocated $1,000,000.00 in federal
discretionary funds to ensure that the TEACH scholarship program
gives preference to the following providers:
(a) Providers that currently have a great start to quality
star rating or are in the process to receive a star rating.
(b) Providers that are seeking to increase their great start
to quality star rating and are only restricted from receiving the
increased rating because they lack employees with the proper
education level.
Sec. 1007. (1) From the funds appropriated in part 1 for child
development and care - external support, 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, 2019 and September 30, 2019.
Sec. 1008. From the amount appropriated in part 1 for office
of great start operations, the department shall work with the
department of health and human services 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.
Sec. 1009. From the funds appropriated in part 1 for child
development and care public assistance, the entrance threshold for
the child development and care program is set at 130% of the
federal poverty guidelines.
ONE-TIME APPROPRIATIONS
Sec. 1101. (1) From the funds appropriated in part 1 for
drinking water declaration of emergency, the department shall
allocate funding to address the child care needs in a city in which
a declaration of emergency was issued because of drinking water
contamination. Funds shall be used to support the following
activities in the city:
(a) Pilot the expansion of the child development and care
eligibility to children ages 0 to 3 for 1/2-day child care services
by increasing the household income entrance threshold to 300% of
the federal poverty guidelines.
(b) Provide information to child care providers on
identification and intervention services for children demonstrating
potential developmental delays associated with exposure to lead.
(2) The department shall amend definitions and eligibility
requirements in the child care and development fund state plan as
necessary to implement this section.
(3) Each month, the department shall create a report
concerning each city where there is a drinking water declaration of
emergency or where a drinking water declaration of emergency has
been lifted and the department continues to spend funds under this
section. The report shall include, but is not limited to, all of
the following:
(a) The number of children ages 0 to 3 in the city.
(b) The number of children ages 0 to 3 in the city served by
the child development and care program before the implementation of
the increase to the entrance threshold to 300% of the federal
poverty guidelines.
(c) The number of children ages 0 to 3 in the city served by
the child development and care program after the implementation of
the increase to the entrance threshold to 300% of the federal
poverty guidelines.
(d) The number of cases including a child aged 0 to 3 in the
city being served by the child development and care program.
(e) The number of children receiving referrals for additional
screenings, assessments, or services that are ages 0 to 3 in the
city served by the child development and care program.
(f) The number of children ages 0 to 3 identified with
developmental delays in the city served by the child development
and care program.
(g) The number of children ages 0 to 3 who are in 1-parent
households in the city served by the child development and care
program.
(h) The number of children ages 0 to 3 who are in 2-parent
households in the city served by the child development and care
program.
(i) The number of child care providers that were provided
training on identifying the impacts of lead exposure, as well as
related developmental delays that are serving children ages 0 to 3
in the city participating in the child development and care
program.
(j) The types and number of communications with parents or
caretakers on the impact of developmental delays and available
services for children ages 0 to 3 in the city being served by the
child development and care program. The department shall create a
list of communication types that includes, but is not limited to,
all of the following: in person, telephone, letter, and electronic
mail.
(4) The report created under subsection (3) shall be sent to
the state budget director, the house and senate appropriations
subcommittees that oversee the department's budget, and the house
and senate fiscal agencies by the first of every month until the
department has spent all of the money appropriated in part 1 for a
drinking water declaration of emergency.
ARTICLE VII
DEPARTMENT OF ENVIRONMENTAL QUALITY
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
environmental quality for the fiscal year ending September 30,
2019, from the following funds:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,215.0
GROSS APPROPRIATION.................................... $ 445,702,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 3,143,700
ADJUSTED GROSS APPROPRIATION........................... $ 442,558,900
Federal revenues:
Total federal revenues................................. 160,225,400
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 1,061,700
Total other state restricted revenues.................. 209,325,300
State general fund/general purpose..................... $ 71,946,500
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,215.0
GROSS APPROPRIATION.................................... $ 445,702,600
Interdepartmental grant revenues:
IDG from department of state police.................... 1,776,100
IDG from state transportation department............... 1,367,600
Total interdepartmental grants and intradepartmental
transfers............................................ 3,143,700
ADJUSTED GROSS APPROPRIATION........................... $ 442,558,900
Federal revenues:
Federal funds.......................................... 160,225,400
Total federal revenues................................. 160,225,400
Special revenue funds:
Private funds.......................................... 1,061,700
Total private revenues................................. 1,061,700
Air emissions fees..................................... 12,427,300
Aquatic nuisance control fund.......................... 931,400
Aquifer protection revolving fund...................... 524,000
Campground fund........................................ 326,000
Clean Michigan initiative - clean water fund........... 3,417,100
Clean Michigan initiative - nonpoint source............ 2,000,000
Cleanup and redevelopment fund......................... 19,939,400
Community pollution prevention fund.................... 250,000
Drinking water declaration of emergency reserve fund... 100
Electronic waste recycling fund........................ 334,500
Environmental education fund........................... 171,300
Environmental pollution prevention fund................ 6,779,300
Environmental protection fund.......................... 2,476,700
Environmental response fund............................ 3,782,600
Fees and collections................................... 393,900
Financial instruments.................................. 9,489,100
Groundwater discharge permit fees...................... 1,779,800
Infrastructure construction fund....................... 51,400
Laboratory services fees............................... 4,294,900
Land and water permit fees............................. 3,306,700
Landfill maintenance trust fund........................ 31,000
Lawsuit settlement proceeds fund....................... 3,000,000
Medical waste emergency response fund.................. 339,700
Metallic mining surveillance fee revenue............... 101,000
Mineral well regulatory fee revenue.................... 223,100
Native copper mine fund................................ 50,000
Nonferrous metallic mineral surveillance............... 367,300
NPDES fees............................................. 4,627,700
Oil and gas regulatory fund............................ 5,242,400
Orphan well fund....................................... 2,424,600
Public swimming pool fund.............................. 662,600
Public utility assessments............................. 417,000
Public water supply fees............................... 5,012,000
Refined petroleum fund................................. 42,085,200
Revitalization revolving loan fund..................... 103,100
Revolving loan revenue bonds........................... 15,000,000
Sand extraction fee revenue............................ 92,900
Scrap tire regulatory fund............................. 5,109,900
Septage waste contingency fund......................... 3,400
Septage waste program fund............................. 530,300
Settlement funds....................................... 426,100
Sewage sludge land application fee..................... 1,006,800
Small business pollution prevention revolving loan
fund................................................. 167,100
Soil erosion and sedimentation control training fund... 175,100
Solid waste management fund - staff account............ 5,208,300
Stormwater permit fees................................. 3,078,000
Strategic water quality initiatives fund............... 17,211,900
Underground storage tank cleanup fund.................. 20,028,700
Wastewater operator training fees...................... 601,900
Water analysis fees.................................... 2,275,200
Water pollution control revolving fund................. 656,100
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 291,400
Total other state restricted revenues.................. 209,325,300
State general fund/general purpose..................... $ 71,946,500
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 83.0
Unclassified salaries--6.0 FTE positions............... $ 792,200
Accounting service center.............................. 1,419,700
Administrative hearings................................ 388,000
Central support services--39.0 FTE positions........... 8,159,000
Communications and community outreach--31.0 FTE
positions............................................ 3,585,900
Environmental support projects......................... 5,000,000
Executive direction--13.0 FTE positions................ 2,142,600
Facilities management.................................. 1,000,000
Property management.................................... 7,458,300
GROSS APPROPRIATION.................................... $ 29,945,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police.................... 61,100
Federal revenues:
Federal funds.......................................... 29,400
Special revenue funds:
Private funds.......................................... 364,000
Air emissions fees..................................... 1,508,500
Campground fund........................................ 15,600
Cleanup and redevelopment fund......................... 1,589,500
Electronic waste recycling fund........................ 15,300
Environmental education fund........................... 171,300
Environmental pollution prevention fund................ 1,710,600
Environmental protection fund.......................... 323,800
Environmental response fund............................ 529,800
Fees and collections................................... 150,200
Financial instruments.................................. 7,326,100
Groundwater discharge permit fees...................... 211,700
Laboratory services fees............................... 157,800
Land and water permit fees............................. 612,500
Lawsuit settlement proceeds fund....................... 3,000,000
Medical waste emergency response fund.................. 18,000
Metallic mining surveillance fee revenue............... 5,100
Mineral well regulatory fee revenue.................... 9,000
Nonferrous metallic mineral surveillance............... 800
NPDES fees............................................. 276,100
Oil and gas regulatory fund............................ 1,014,800
Orphan well fund....................................... 52,900
Public swimming pool fund.............................. 27,500
Public utility assessments............................. 20,400
Public water supply fees............................... 288,900
Refined petroleum fund................................. 2,583,900
Sand extraction fee revenue............................ 4,200
Scrap tire regulatory fund............................. 158,800
Septage waste program fund............................. 20,200
Settlement funds....................................... 426,100
Sewage sludge land application fee..................... 121,600
Small business pollution prevention revolving loan
fund................................................. 19,400
Soil erosion and sedimentation control training fund... 18,900
Solid waste management fund - staff account............ 331,800
Stormwater permit fees................................. 264,700
Wastewater operator training fees...................... 34,600
Water analysis fees.................................... 148,400
Water use reporting fees............................... 24,700
State general fund/general purpose..................... $ 6,297,700
Sec. 103. GREAT LAKES RESTORATION INITIATIVE
Great Lakes restoration initiative..................... $ 6,714,100
GROSS APPROPRIATION.................................... $ 6,714,100
Appropriated from:
Federal revenues:
Federal funds.......................................... 6,714,100
Special revenue funds:
State general fund/general purpose..................... $ 0
Sec. 104. WATER RESOURCES DIVISION
Full-time equated classified positions.......... 316.0
Aquatic nuisance control program--6.0 FTE positions.... $ 931,400
Expedited water/wastewater permits--1.0 FTE position... 51,400
Federal - Great Lakes remedial action plan grants...... 583,800
Federal - nonpoint source water pollution grants....... 4,083,300
Fish contaminant monitoring............................ 316,100
Groundwater discharge permit program--22.0 FTE
positions............................................ 3,253,500
Land and water interface permit programs--82.0 FTE
positions............................................ 11,848,200
Nonpoint source pollution prevention and control
project program...................................... 2,000,000
NPDES nonstormwater program--83.0 FTE positions........ 13,245,000
Program direction and project assistance--27.0 FTE
positions............................................ 3,113,700
Surface water--86.0 FTE positions...................... 16,291,600
Technology advancements for water monitoring........... 500,000
Water quality and use initiative/general--5.0 FTE
positions............................................ 1,498,300
Water quality protection grants........................ 100,000
Water withdrawal assessment program--4.0 FTE positions. 1,438,400
Wetland mitigation banking grants and loans............ 1,000,000
Wetlands program....................................... 1,000,000
GROSS APPROPRIATION.................................... $ 61,254,700
Appropriated from:
Interdepartmental grant revenues:
IDG from state transportation department............... 1,281,500
Federal revenues:
Federal funds.......................................... 20,490,200
Special revenue funds:
Aquatic nuisance control fund.......................... 931,400
Aquifer protection revolving fund...................... 524,000
Clean Michigan initiative fund - clean water fund...... 3,417,100
Clean Michigan initiative fund - nonpoint source....... 2,000,000
Environmental response fund............................ 204,800
Groundwater discharge permit fees...................... 1,472,500
Infrastructure construction fund....................... 51,400
Land and water permit fees............................. 2,347,000
NPDES fees............................................. 4,176,800
Refined petroleum fund................................. 445,900
Sewage sludge land application fee..................... 850,000
Soil erosion and sedimentation control training fund... 143,200
Stormwater permit fees................................. 2,724,800
Strategic water quality initiatives fund............... 1,000,000
Wastewater operator training fees...................... 288,700
Water pollution control revolving fund................. 143,500
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 250,300
State general fund/general purpose..................... $ 18,411,600
Sec. 105. LAW ENFORCEMENT
Full-time equated classified positions........... 15.0
Environmental investigations--15.0 FTE positions....... $ 3,004,900
GROSS APPROPRIATION.................................... $ 3,004,900
Appropriated from:
Federal revenues:
Federal funds.......................................... 574,800
Special revenue funds:
Air emissions fees..................................... 57,700
Campground fund........................................ 2,100
Cleanup and redevelopment fund......................... 190,400
Electronic waste recycling fund........................ 1,600
Environmental pollution prevention fund................ 261,300
Environmental response fund............................ 41,600
Fees and collections................................... 4,100
Financial instruments.................................. 527,500
Groundwater discharge permit fees...................... 18,900
Laboratory services fees............................... 15,900
Land and water permit fees............................. 78,800
Medical waste emergency response fund.................. 2,400
Metallic mining surveillance fee revenue............... 700
Mineral well regulatory fee revenue.................... 1,200
NPDES fees............................................. 32,400
Oil and gas regulatory fund............................ 88,500
Orphan well fund....................................... 7,100
Public swimming pool fund.............................. 3,700
Public utility assessments............................. 2,000
Public water supply fees............................... 26,600
Refined petroleum fund................................. 370,500
Sand extraction fee revenue............................ 600
Scrap tire regulatory fund............................. 29,500
Septage waste program fund............................. 2,700
Sewage sludge land application fee..................... 12,300
Small business pollution prevention revolving loan
fund................................................. 2,600
Soil erosion and sedimentation control training fund... 2,600
Solid waste management fund - staff account............ 42,100
Stormwater permit fees................................. 17,600
Wastewater operator training fees...................... 4,600
Water analysis fees.................................... 18,300
Water use reporting fees............................... 3,100
State general fund/general purpose..................... $ 559,100
Sec. 106. AIR QUALITY DIVISION
Full-time equated classified positions.......... 187.0
Air quality programs--187.0 FTE positions.............. $ 27,493,200
GROSS APPROPRIATION.................................... $ 27,493,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 7,277,800
Special revenue funds:
Air emissions fees..................................... 10,188,000
Fees and collections................................... 205,100
Oil and gas regulatory fund............................ 142,100
Public utility assessments............................. 150,000
Refined petroleum fund................................. 3,625,500
State general fund/general purpose..................... $ 5,904,700
Sec. 107. RESOURCE MANAGEMENT DIVISION
Full-time equated classified positions.......... 319.0
Drinking water and environmental health--115.0 FTE
positions............................................ $ 16,554,400
Drinking water program grants.......................... 830,000
Hazardous waste management program--45.0 FTE positions. 6,600,700
Low-level radioactive waste authority--2.0 FTE
positions............................................ 236,700
Medical waste program--2.0 FTE positions............... 309,300
Municipal assistance--29.0 FTE positions............... 4,881,200
Noncommunity water grants.............................. 1,905,700
Oil, gas, and mineral services--57.0 FTE positions..... 6,804,700
Pollution prevention--7.0 FTE positions................ 2,095,700
Radiological protection program--12.0 FTE positions.... 2,000,600
Recycling initiative--3.0 FTE positions................ 2,020,300
Scrap tire grants...................................... 3,500,000
Scrap tire regulatory program--10.0 FTE positions...... 1,357,300
Septage waste compliance grants........................ 275,000
Solid waste management program--37.0 FTE positions..... 5,159,600
Water state revolving funds............................ 120,000,000
GROSS APPROPRIATION.................................... $ 174,531,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police.................... 1,689,200
Federal revenues:
Federal funds.......................................... 117,388,600
Special revenue funds:
Private funds.......................................... 506,600
Campground fund........................................ 299,900
Cleanup and redevelopment fund......................... 1,000,000
Community pollution prevention fund.................... 250,000
Electronic waste recycling fund........................ 311,100
Environmental pollution prevention fund................ 4,343,400
Fees and collections................................... 34,500
Medical waste emergency response fund.................. 309,300
Metallic mining surveillance fee revenue............... 92,500
Mineral well regulatory fee revenue.................... 208,000
Native copper mine fund................................ 50,000
Nonferrous metallic mineral surveillance............... 366,200
Oil and gas regulatory fund............................ 3,667,100
Orphan well fund....................................... 2,335,100
Public swimming pool fund.............................. 616,300
Public utility assessments............................. 236,700
Public water supply fees............................... 4,231,200
Refined petroleum fund................................. 709,900
Revolving loan revenue bonds........................... 15,000,000
Sand extraction fee revenue............................ 85,800
Scrap tire regulatory fund............................. 4,857,300
Septage waste contingency fund......................... 3,400
Septage waste program fund............................. 496,100
Small business pollution prevention revolving loan
fund................................................. 134,400
Solid waste management fund - staff account............ 4,661,500
Strategic water quality initiatives fund............... 1,211,900
Wastewater operator training fees...................... 254,800
Water pollution control revolving fund................. 505,200
State general fund/general purpose..................... $ 8,675,200
Sec. 108. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions.......... 290.0
Contaminated site investigations, cleanup, and
revitalization--120.0 FTE positions.................. $ 14,674,100
Emergency cleanup actions.............................. 1,000,000
Environmental cleanup and redevelopment program........ 15,000,000
Environmental cleanup support.......................... 1,840,000
Federal cleanup project management--35.0 FTE positions. 6,202,700
Laboratory services--39.0 FTE positions................ 6,406,400
Lead remediation grants................................ 3,850,000
Refined petroleum product cleanup program--85.0 FTE
positions............................................ 34,680,000
Renewing Michigan's environment program--11.0 FTE
positions............................................ 25,000,000
Superfund cleanup...................................... 1,000,000
GROSS APPROPRIATION.................................... $ 109,653,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 6,412,500
Special revenue funds:
Private funds.......................................... 191,100
Cleanup and redevelopment fund......................... 16,359,400
Environmental protection fund.......................... 2,065,500
Environmental response fund............................ 2,839,100
Laboratory services fees............................... 4,056,400
Landfill maintenance trust fund........................ 31,000
Public water supply fees............................... 315,800
Refined petroleum fund................................. 32,619,700
Revitalization revolving loan fund..................... 103,100
Strategic water quality initiatives fund............... 15,000,000
Water analysis fees.................................... 2,034,200
State general fund/general purpose..................... $ 27,625,400
Sec. 109. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions............ 5.0
Underground storage tank cleanup program--5.0 FTE
positions............................................ $ 20,028,700
GROSS APPROPRIATION.................................... $ 20,028,700
Appropriated from:
Special revenue funds:
Underground storage tank cleanup fund.................. 20,028,700
State general fund/general purpose..................... $ 0
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 9,076,800
GROSS APPROPRIATION.................................... $ 9,076,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police.................... 25,800
IDG from state transportation department............... 86,100
Federal revenues:
Federal funds.......................................... 1,338,000
Special revenue funds:
Air emission fees...................................... 673,100
Campground fund........................................ 8,400
Cleanup and redevelopment fund......................... 800,100
Electronic waste recycling fund........................ 6,500
Environmental pollution prevention fund................ 464,000
Environmental protection fund.......................... 87,400
Environmental response fund............................ 167,300
Financial instruments.................................. 1,635,500
Groundwater discharge permit fees...................... 76,700
Laboratory services fees............................... 64,800
Land and water permit fees............................. 268,400
Medical waste emergency response fund.................. 10,000
Metallic mining surveillance fee revenue............... 2,700
Mineral well regulatory fee revenue.................... 4,900
Nonferrous metallic mineral surveillance............... 300
NPDES fees............................................. 142,400
Oil and gas regulatory fund............................ 329,900
Orphan well fund....................................... 29,500
Public swimming pool fund.............................. 15,100
Public utility assessments............................. 7,900
Public water supply fees............................... 149,500
Refined petroleum fund................................. 1,729,800
Sand extraction fee revenue............................ 2,300
Scrap tire regulatory fund............................. 64,300
Septage waste program fund............................. 11,300
Sewage sludge land application fee..................... 22,900
Small business pollution prevention revolving loan
fund................................................. 10,700
Soil erosion and sedimentation control training fund... 10,400
Solid waste management fund - staff account............ 172,900
Stormwater permit fees................................. 70,900
Wastewater operator training fees...................... 19,200
Water analysis fees.................................... 74,300
Water pollution control revolving fund................. 7,400
Water use reporting fees............................... 13,300
State general fund/general purpose..................... $ 472,800
Sec. 111. ONE-TIME APPROPRIATIONS
Drinking water declaration of emergency................ $ 100
Oil, gas, and mineral services (one-time).............. 4,000,000
GROSS APPROPRIATION.................................... $ 4,000,100
Appropriated from:
Special revenue funds:
Drinking water declaration of emergency reserve fund... 100
State general fund/general purpose..................... $ 4,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for the fiscal year 2018-2019 is $281,271,800.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $5,581,000.00. The itemized statement
below identifies appropriations from which spending to local units
of government will occur:
DEPARTMENT OF ENVIRONMENTAL QUALITY
Surface water.......................................... $ 160,000
Technology advancements for water monitoring........... 500,000
Drinking water program grants.......................... 600,000
Medical waste program.................................. 65,000
Noncommunity water grants.............................. 1,800,000
Pollution prevention................................... 250,000
Recycling initiative................................... 1,500,000
Scrap tire grants...................................... 500,000
Septage waste compliance grants........................ 100,000
Emergency cleanup actions.............................. 106,000
TOTAL.................................................. $ 5,581,000
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Department" means the department of environmental
quality.
(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. 204. The departments and agencies receiving
appropriations in part 1 shall use the internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
Sec. 205. 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. 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. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The 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. 207. 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 house and senate 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 total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 208. Funds appropriated in 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 activities that the
attorney general authorizes.
Sec. 209. Not later than November 30, 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. 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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget 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. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
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
fiscal years ending September 30, 2018 and September 30, 2019.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are $33,567,400.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$15,475,100.00. Total agency appropriations for retiree health care
legacy costs are estimated at $18,092,300.00.
Sec. 216. (1) The department shall report all of the following
information relative to allocations made from appropriations for
the environmental cleanup and redevelopment program, state cleanup,
emergency actions, superfund cleanup, 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 at the conclusion of the fiscal year.
(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 part 201 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20101 to
324.20142.
(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. 217. (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, 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.
(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, 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.
Sec. 219. 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. 220. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 221. (1) Funds appropriated in part 1 shall not be used
by the department to promulgate a rule that will apply to a small
business and that will have a disproportionate economic impact on
small businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(2) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 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 projects funded in each category.
(b) The current cost to date of all projects funded in each
category.
(c) The estimated remaining cost of all projects 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. 236. The department shall provide a report detailing the
expenditure of departmental funds appropriated in 2015 PA 143, 2016
PA 3, 2016 PA 268, 2016 PA 340, and 2017 PA 107. 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.
Sec. 237. From the funds appropriated in part 1, the
department shall be 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 department employees
named as a party in any state or federal lawsuits or investigations
related to the city of Flint municipal water system.
REMEDIATION DIVISION
Sec. 301. Revenues remaining in the interdepartmental
transfers, laboratory services at the end of the fiscal year carry
forward into the succeeding fiscal year.
Sec. 302. The unexpended funds appropriated in part 1 for
emergency cleanup actions 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 contract.
(c) The total estimated cost of the project is $3,000,000.00.
(d) The tentative completion date is September 30, 2023.
Sec. 303. Effective October 1, 2018, surplus funds not to
exceed $1,000,000.00 in the cleanup and redevelopment trust fund
are appropriated to the environmental protection fund created in
section 503a of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.503a.
Sec. 304. Effective October 1, 2018, surplus funds not to
exceed $1,000,000.00 in the community pollution prevention fund
created in section 3f of 1976 IL 1, MCL 445.573f, are appropriated
to the environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a.
Sec. 305. It is the intent of the legislature to repay the
refined petroleum fund for the $70,000,000.00 that was transferred
to the environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a, as part of the resolution for the fiscal year 2006-
2007 budget.
Sec. 306. (1) Subject to section 314 of this part, the funds
appropriated in part 1 for the refined petroleum cleanup program
shall be used to fund corrective actions performed by the
department pursuant to section 21320 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.21320.
(2) By January 1, the department shall provide a report to the
house and senate subcommittees on environmental quality and the
state budget director on the refined petroleum product cleanup
program containing the following information:
(a) A list of sites the department intends to work on during
the current fiscal year, including the fiscal year the project
began.
(b) A list of sites at which the department performed
corrective actions during the previous fiscal year.
(c) A list of sites the department closed during the previous
fiscal year.
Sec. 307. The unexpended funds appropriated in part 1 for the
environmental cleanup and redevelopment 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 contract.
(c) The total estimated cost of the project is $15,000,000.00.
(d) The tentative completion date is September 30, 2023.
Sec. 308. The unexpended funds appropriated in part 1 for the
refined petroleum product 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 contract.
(c) The total estimated cost of the project is $34,680,000.00.
(d) The tentative completion date is September 30, 2023.
Sec. 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. 313. From the funds appropriated in part 1 for the vapor
intrusion program, the department shall investigate sites to
determine whether chemical vapors have migrated from the original
location of exposure. The purpose of this program is to evaluate,
investigate, and mitigate sites statewide where vapor intrusion
issues are or may be present.
Sec. 314. (1) From the funds appropriated in 2017 PA 107 from
the refined petroleum fund for the refined petroleum product
cleanup program, the department shall expend an amount not to
exceed $36,000,000.00 for reimbursements to owners and operators of
underground storage tank systems that have performed corrective
actions but do not qualify for reimbursement under section 21510 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.21510, due to the date the release was discovered and
reported.
(2) As used in this section:
(a) "Corrective action" means that term as defined in section
21302 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.21302.
(b) "Operator", "owner", and "underground storage tank system"
mean those terms as defined in section 21303 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.21303.
Sec. 315. From the funds appropriated in part 1 for lead
remediation grants, the department shall distribute grant awards
for the remediation and redevelopment of sites contaminated by lead
paint. The department shall prioritize sites affecting families
with children.
Sec. 316. From the funds appropriated in part 1 for the
renewing Michigan's environment program, the department shall
perform remediation and redevelopment actions at contaminated sites
in accordance with part 201 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20101 to
324.20142.
Sec. 317. From the funds appropriated in section 108 of part 1
for the remediation and redevelopment division, the department
shall continue to maintain a statewide GIS map database of
contaminated groundwater in Michigan. The database shall include
all known sites of environmental contamination that have impacted
groundwater aquifers, the current scope of the contamination, if
available, and information regarding the direction in which any
contamination is currently moving. Included within the database
shall be information obtained by the department through its own
investigation, including, but not limited to, characterization of
facilities, proposals for remediation or closure of facilities,
baseline environmental assessments or notices received pursuant to
section 20114(1)(b) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.20114, of the release of
hazardous substances or notice that hazardous substances have
emanated beyond the property line of a current or past property
owner.
WATER RESOURCES DIVISION
Sec. 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. 412. The unexpended funds appropriated in part 1 for the
aquifer protection 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 support for
aquifer disputes and their resolution.
(b) The project will be accomplished by contract.
(c) The total estimated cost of the project is $524,000.00.
(d) The tentative completion date is September 30, 2023.
RESOURCE MANAGEMENT DIVISION
Sec. 603. From the funds appropriated in part 1, by December
31, 2018, the department shall compile and make available to the
public on a publicly accessible website a report containing a
summary document of each completed asset management plan for any
stormwater, asset management, or wastewater grant awarded to a
local unit of government to fund the development of a plan. As a
condition of receiving a stormwater, asset management, or
wastewater grant, a local unit of government shall make its asset
management plan available to the department upon request when
completed and shall retain copies of the plan that can be made
available to the public for a minimum of 15 years. The department
shall make available a summary document of each plan on a publicly
accessible website by September 30 of the year it was completed.
The summary document shall include a summary of the plan and
contact information for the local unit of government.
Sec. 604. From the funds appropriated in part 1, the
department will host training sessions to public water supply
owners and operators to provide technical assistance on the lead
and copper rule (LCR) of the safe drinking water act and contact
100% of public water supplies that are subject to the lead and
copper rule with information on current LCR requirements including
any modifications to Michigan's LCR and associated guidance and
policies. The purpose of the program is to ensure that water is in
accordance with the safe drinking water act, 1976 PA 399, MCL
325.1001 to 325.1023.
UNDERGROUND STORAGE TANK AUTHORITY
Sec. 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 contract.
(c) The total estimated cost of the project is $20,000,000.00.
(d) The tentative completion date is September 30, 2023.
ARTICLE VIII
GENERAL GOVERNMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the legislature, the
executive, the department of attorney general, the department of
House Bill No. 5578 as amended April 24, 2018
state, the department of treasury, the department of technology,
management, and budget, the department of civil rights, the
department of talent and economic development, and certain state
purposes related thereto for the fiscal year ending September 30,
2019, from the following funds:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 50.0
Full-time equated classified positions........ 8,722.7
GROSS APPROPRIATION $ [4,935,232,900]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 821,066,200
ADJUSTED GROSS APPROPRIATION $ [4,114,166,700]
Federal revenues:
Total federal revenues................................. 808,698,700
Special revenue funds:
Total local revenues................................... 15,977,300
Total private revenues................................. 6,247,400
Total other state restricted revenues.................. 2,230,143,600
State general fund/general purpose $ [1,053,099,700]
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 532.0
GROSS APPROPRIATION.................................... $ 104,148,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 30,386,400
ADJUSTED GROSS APPROPRIATION........................... $ 73,762,500
Federal revenues:
Total federal revenues................................. 9,628,500
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 21,727,200
State general fund/general purpose..................... $ 42,406,800
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 532.0
Attorney general....................................... $ 112,500
Unclassified positions--5.0 FTE positions.............. 792,100
Attorney general operations--489.0 FTE positions....... 93,275,200
Child support enforcement--25.0 FTE positions.......... 3,578,300
Prosecuting attorneys coordinating council--12.0 FTE
positions............................................ 2,186,800
Public safety initiative--1.0 FTE position............. 906,200
Sexual assault law enforcement--5.0 FTE positions...... 1,720,200
GROSS APPROPRIATION.................................... $ 102,571,300
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOC.......................................... 677,900
IDG from MDE........................................... 608,900
IDG from MDEQ.......................................... 2,051,400
IDG from MDHHS, health policy.......................... 211,300
IDG from MDHHS, human services......................... 6,069,800
IDG from MDHHS, medical services administration........ 705,000
IDG from MDHHS, WIC.................................... 156,700
IDG from MDIFS, financial and insurance services....... 1,230,700
IDG from MDLARA, fireworks safety fund................. 85,300
IDG from MDLARA, health professions.................... 3,108,500
IDG from MDLARA, licensing and regulation fees......... 344,100
IDG from MDLARA, Michigan occupational safety and
health administration................................ 107,700
IDG from MDLARA, remonumentation fees.................. 108,600
IDG from MDLARA, securities fees....................... 193,500
IDG from MDLARA, unlicensed builders................... 1,087,100
IDG from MDMVA......................................... 169,100
IDG from MDOS, children's protection registry.......... 45,000
IDG from MDOT, comprehensive transportation fund....... 205,600
IDG from MDOT, state aeronautics fund.................. 181,500
IDG from MDOT, state trunkline fund.................... 2,476,400
IDG from MDSP.......................................... 262,900
IDG from MDTED, workforce development agency........... 91,300
IDG from MDTMB......................................... 474,300
IDG from MDTMB, civil service commission............... 313,100
IDG from MDTMB, risk management revolving fund......... 1,499,700
IDG from Michigan state housing development authority.. 695,000
IDG from treasury...................................... 7,042,400
IDG from TED, Michigan strategic fund.................. 183,600
Federal revenues:
DAG, state administrative match grant/food stamps...... 137,000
Federal funds.......................................... 3,209,700
HHS, medical assistance, medigrant..................... 390,700
HHS-OS, state Medicaid fraud control units............. 5,769,900
National criminal history improvement program.......... 121,200
Special revenue funds:
Antitrust enforcement collections...................... 778,600
Attorney general's operations fund..................... 767,000
Auto repair facilities fees............................ 335,800
Franchise fees......................................... 389,900
Game and fish protection fund.......................... 766,300
Human trafficking commission fund...................... 390,000
Lawsuit settlement proceeds fund....................... 2,602,700
Liquor purchase revolving fund......................... 1,494,700
Marihuana regulatory fund.............................. 507,200
Michigan merit award trust fund........................ 506,700
Michigan employment security act - administrative fund. 2,298,000
Michigan state waterways fund.......................... 142,200
Mobile home code fund.................................. 255,400
Prisoner reimbursement................................. 636,500
Prosecuting attorneys training fees.................... 414,200
Public utility assessments............................. 2,123,400
Real estate enforcement fund........................... 100,700
Reinstatement fees..................................... 263,200
Retirement funds....................................... 1,073,100
Second injury fund..................................... 833,800
Self-insurers security fund............................ 577,900
Silicosis and dust disease fund........................ 228,200
State building authority revenue....................... 124,300
State casino gaming fund............................... 1,907,700
State lottery fund..................................... 353,500
Student safety fund.................................... 470,000
Utility consumers fund................................. 1,009,100
Worker's compensation administrative revolving fund.... 377,100
State general fund/general purpose..................... $ 40,829,200
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,577,600
GROSS APPROPRIATION.................................... $ 1,577,600
Appropriated from:
State general fund/general purpose..................... $ 1,577,600
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 110.0
GROSS APPROPRIATION.................................... $ 16,201,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 299,100
ADJUSTED GROSS APPROPRIATION........................... $ 15,902,000
Federal revenues:
Total federal revenues................................. 2,802,700
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 18,700
Total other state restricted revenues.................. 58,500
State general fund/general purpose..................... $ 13,022,100
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 110.0
Unclassified positions--6.0 FTE positions.............. $ 693,700
Civil rights operations--104.0 FTE positions........... 14,068,600
Division on deaf, deafblind, and hard of hearing--6.0
FTE positions........................................ 715,600
GROSS APPROPRIATION.................................... $ 15,477,900
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB.......................................... 299,100
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 1,228,500
HUD, grant............................................. 1,559,200
Special revenue funds:
Private revenues....................................... 18,700
State restricted indirect funds........................ 58,500
State general fund/general purpose..................... $ 12,313,900
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 723,200
GROSS APPROPRIATION.................................... $ 723,200
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 15,000
State general fund/general purpose..................... $ 708,200
Sec. 104. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 79.2
GROSS APPROPRIATION.................................... $ 6,980,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 6,980,100
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 6,980,100
(2) EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 79.2
Governor............................................... $ 159,300
Lieutenant governor.................................... 111,600
Unclassified positions--8.0 FTE positions.............. 1,333,500
Executive office--79.2 FTE positions................... 5,375,700
GROSS APPROPRIATION.................................... $ 6,980,100
Appropriated from:
State general fund/general purpose..................... $ 6,980,100
Sec. 105. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 182,969,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 5,823,400
ADJUSTED GROSS APPROPRIATION........................... $ 177,146,400
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 400,000
Total other state restricted revenues.................. 6,403,100
State general fund/general purpose..................... $ 170,343,300
(2) LEGISLATURE
Senate................................................. $ 36,910,700
Senate automated data processing....................... 2,678,000
Senate fiscal agency................................... 3,971,000
House of representatives............................... 56,766,900
House automated data processing........................ 2,678,000
House fiscal agency.................................... 3,971,000
GROSS APPROPRIATION.................................... $ 106,975,600
Appropriated from:
State general fund/general purpose..................... $ 106,975,600
(3) LEGISLATIVE COUNCIL
Legislative corrections ombudsman...................... $ 987,200
Legislative council.................................... 12,781,800
Legislative service bureau automated data processing... 1,740,700
Michigan forensic science commission................... 100
Michigan veterans facility ombudsman................... 309,000
National association dues.............................. 224,000
Worker's compensation.................................. 151,400
GROSS APPROPRIATION.................................... $ 16,194,200
Appropriated from:
Special revenue funds:
Private - gifts and bequests revenues.................. 400,000
State general fund/general purpose..................... $ 15,794,200
(4) LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses......................... $ 5,202,200
GROSS APPROPRIATION.................................... $ 5,202,200
Appropriated from:
Special revenue funds:
Court fees............................................. 1,201,300
State general fund/general purpose..................... $ 4,000,900
(5) PROPERTY MANAGEMENT
Binsfeld Office Building............................... $ 8,270,900
Cora Anderson Building................................. 12,122,600
GROSS APPROPRIATION.................................... $ 20,393,500
Appropriated from:
State general fund/general purpose..................... $ 20,393,500
(6) STATE CAPITOL HISTORIC SITE
Bond/lease obligations................................. $ 100
General operations..................................... 4,573,200
Restoration, renewal, and maintenance.................. 3,193,000
GROSS APPROPRIATION.................................... $ 7,766,300
Appropriated from:
Special revenue funds:
Capitol historic site fund............................. 3,193,000
State general fund/general purpose..................... $ 4,573,300
(7) OFFICE OF THE AUDITOR GENERAL
Unclassified positions................................. $ 346,000
Field operations....................................... 25,342,000
GROSS APPROPRIATION.................................... $ 25,688,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDHHS, human services......................... 31,200
IDG from MDLARA, liquor purchase revolving fund........ 76,800
IDG from MDLARA, self-insurers security fund........... 81,600
IDG from MDMVA, Michigan veterans facility authority... 50,000
IDG from MDOT, comprehensive transportation fund....... 39,800
IDG from MDOT, Michigan transportation fund............ 322,100
IDG from MDOT, state aeronautics fund.................. 31,000
IDG from MDOT, state trunkline fund.................... 748,200
IDG, legislative retirement system..................... 29,800
IDG, single audit act.................................. 2,781,200
IDG, commercial mobile radio system emergency
telephone fund....................................... 37,500
IDG, contract audit administration fees................ 51,000
IDG, deferred compensation funds....................... 61,200
IDG, Michigan finance authority........................ 337,400
IDG, Michigan economic development corporation......... 98,200
IDG, Michigan education trust fund..................... 72,200
IDG, Michigan justice training commission fund......... 41,700
IDG, Michigan strategic fund........................... 172,500
IDG, office of retirement services..................... 700,000
IDG, other restricted funding sources.................. 60,000
Special revenue funds:
21st century jobs trust fund........................... 98,200
Brownfield development fund............................ 28,700
Clean Michigan initiative implementation bond fund..... 55,600
Game and fish protection fund.......................... 32,000
MDTMB, civil service commission........................ 169,500
Michigan state housing development authority fees...... 115,800
Michigan veterans' trust fund.......................... 36,200
Motor transport revolving fund......................... 7,500
Office services revolving fund......................... 10,200
State disbursement unit, office of child support....... 58,500
State services fee fund................................ 1,385,100
Waterways fund......................................... 11,500
State general fund/general purpose..................... $ 17,855,800
(8) ONE-TIME APPROPRIATIONS
Legislative information technology systems design
project.............................................. $ 750,000
GROSS APPROPRIATION.................................... $ 750,000
Appropriated from:
State general fund/general purpose..................... $ 750,000
Sec. 106. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,586.0
GROSS APPROPRIATION.................................... $ 247,662,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 20,000,000
ADJUSTED GROSS APPROPRIATION........................... $ 227,662,800
Federal revenues:
Total federal revenues................................. 1,460,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 50,100
Total other state restricted revenues.................. 206,686,400
State general fund/general purpose..................... $ 19,466,300
(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 140.0
Secretary of state..................................... $ 112,500
Unclassified positions--5.0 FTE positions.............. 660,700
Executive direction--30.0 FTE positions................ 4,662,000
Operations--110.0 FTE positions........................ 25,651,100
Property management.................................... 10,028,700
Worker's compensation.................................. 248,200
GROSS APPROPRIATION.................................... $ 41,363,200
Appropriated from:
Special revenue funds:
Abandoned vehicle fees................................. 239,800
Auto repair facilities fees............................ 133,000
Children's protection registry fund.................... 270,700
Driver fees............................................ 2,497,000
Driver improvement course fund......................... 308,200
Enhanced driver license and enhanced official state
personal identification card fund.................... 945,000
Parking ticket court fines............................. 440,800
Personal identification card fees...................... 289,800
Reinstatement fees - operator licenses................. 791,700
Scrap tire fund........................................ 78,600
Transportation administration collection fund.......... 30,674,000
State general fund/general purpose..................... $ 4,694,600
(3) LEGAL SERVICES
Full-time equated classified positions........... 94.0
Operations--94.0 FTE positions......................... $ 15,132,600
GROSS APPROPRIATION.................................... $ 15,132,600
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 2,941,100
Driver fees............................................ 2,145,000
Driver responsibility fees............................. 1,000,000
Enhanced driver license and enhanced official state
personal identification card fund.................... 544,700
Reinstatement fees - operator licenses................. 959,400
Transportation administration collection fund.......... 4,518,700
Vehicle theft prevention fees.......................... 1,089,200
State general fund/general purpose..................... $ 1,934,500
(4) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions........ 1,307.0
Branch operations--925.0 FTE positions................. $ 89,279,000
Central operations--380.0 FTE positions................ 52,665,800
Motorcycle safety education administration--2.0 FTE
positions............................................ 339,300
Motorcycle safety education grants..................... 1,800,000
Organ donor program.................................... 129,100
GROSS APPROPRIATION.................................... $ 144,213,200
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 20,000,000
Federal revenues:
DOT.................................................... 860,000
OHSP................................................... 600,000
Special revenue funds:
Private funds.......................................... 100
Thomas Daley gift of life fund......................... 50,000
Abandoned vehicle fees................................. 450,900
Auto repair facilities fees............................ 901,900
Child support clearance fees........................... 363,600
Driver education provider and instructor fund.......... 75,000
Driver fees............................................ 24,616,300
Driver improvement course fund......................... 1,227,600
Enhanced driver license and enhanced official state
personal identification card fund.................... 9,513,500
Expedient service fees................................. 2,943,500
Marine safety fund..................................... 1,548,300
Michigan state police auto theft fund.................. 123,700
Mobile home commission fees............................ 507,500
Motorcycle safety fund................................. 1,839,300
Off-road vehicle title fees............................ 170,700
Parking ticket court fines............................. 1,639,600
Personal identification card fees...................... 2,373,900
Recreation passport fee revenue........................ 1,000,000
Reinstatement fees - operator licenses................. 2,357,300
Snowmobile registration fee revenue.................... 390,000
State lottery fund..................................... 1,015,800
Transportation administration collection fund.......... 65,684,600
Vehicle theft prevention fees.......................... 786,000
State general fund/general purpose..................... $ 3,174,100
(5) ELECTION REGULATION
Full-time equated classified positions........... 45.0
County clerk education and training fund............... $ 100,000
Election administration and services--45.0 FTE
positions............................................ 7,297,100
Fees to local units.................................... 109,800
GROSS APPROPRIATION.................................... $ 7,506,900
Appropriated from:
Special revenue funds:
Notary education and training fund..................... 100,000
Notary fee fund........................................ 343,500
State general fund/general purpose..................... $ 7,063,400
(6) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 38,446,900
GROSS APPROPRIATION.................................... $ 38,446,900
Appropriated from:
Special revenue funds:
Administrative order processing fee.................... 11,700
Auto repair facilities fees............................ 129,000
Driver fees............................................ 785,700
Enhanced driver license and enhanced official state
personal identification card fund.................... 344,300
Expedient service fees................................. 1,082,800
Parking ticket court fines............................. 88,800
Personal identification card fees...................... 172,900
Reinstatement fees - operator licenses................. 591,000
Transportation administration collection fund.......... 33,460,400
Vehicle theft prevention fees.......................... 180,600
State general fund/general purpose..................... $ 1,599,700
(7) ONE-TIME APPROPRIATIONS
Implementation of DRF elimination...................... $ 1,000,000
GROSS APPROPRIATION.................................... $ 1,000,000
Appropriated from:
State general fund/general purpose..................... $ 1,000,000
Sec. 107. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND
BUDGET
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,105.0
GROSS APPROPRIATION.................................... $ 1,328,661,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 751,777,000
ADJUSTED GROSS APPROPRIATION........................... $ 576,884,000
Federal revenues:
Total federal revenues................................. 5,033,700
Special revenue funds:
Total local revenues................................... 2,341,600
Total private revenues................................. 129,400
Total other state restricted revenues.................. 114,457,400
State general fund/general purpose..................... $ 454,921,900
(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 846.5
Unclassified positions--6.0 FTE positions.............. $ 905,100
Administrative services--139.5 FTE positions........... 18,368,400
Budget and financial management--203.0 FTE positions... 39,361,600
Building operation services--255.0 FTE positions....... 93,090,500
Bureau of labor market information and strategies--
44.0 FTE positions................................... 5,837,500
Business support services--104.0 FTE positions......... 12,759,800
Design and construction services--40.0 FTE positions... 6,603,300
Executive operations--12.0 FTE positions............... 2,427,700
Motor vehicle fleet--35.0 FTE positions................ 74,377,800
Office of the state employer--14.0 FTE positions....... 1,725,600
Property management.................................... 7,991,600
GROSS APPROPRIATION.................................... $ 263,448,900
Appropriated from:
Interdepartmental grant revenues:
IDG from accounting service centers user charges....... 3,969,800
IDG from building occupancy and parking charges........ 95,118,600
IDG from MDHHS, community health....................... 494,200
IDG from MDHHS, human services......................... 227,000
IDG from MDLARA........................................ 100,000
IDG from motor transport fund.......................... 74,377,800
IDG from technology user fees.......................... 9,999,800
IDG from user fees..................................... 6,697,300
Federal revenues:
Federal funds.......................................... 5,033,700
Special revenue funds:
Local - MPSCS subscriber and maintenance fees.......... 58,600
Local funds............................................ 35,000
Health management funds................................ 412,700
MAIN user charges...................................... 2,176,000
Other agency charges................................... 1,221,200
Private funds.......................................... 129,400
Special revenue, internal service, and pension trust
funds................................................ 16,479,400
State restricted indirect funds........................ 2,866,300
State general fund/general purpose..................... $ 44,052,100
(3) TECHNOLOGY SERVICES
Full-time equated classified positions........ 1,618.5
Education services--33.0 FTE positions................. $ 4,207,400
General services--354.5 FTE positions.................. 116,405,200
Health and human services--656.5 FTE positions......... 318,723,300
Public protection--162.5 FTE positions................. 59,775,900
Resources services--154.5 FTE positions................ 20,934,300
Transportation services--99.5 FTE positions............ 35,113,500
Enterprise identity management--6.0 FTE positions...... 7,765,000
Information technology investment fund................. 28,810,000
Homeland security initiative/cyber security--25.0 FTE
positions............................................ 14,231,300
Michigan public safety communication system--127.0 FTE
positions............................................ 40,404,100
GROSS APPROPRIATION.................................... $ 646,370,000
Appropriated from:
Interdepartmental grant revenues:
IDG from technology user fees.......................... 555,159,600
Special revenue funds:
Local - MPSCS subscriber and maintenance fees.......... 2,248,000
State general fund/general purpose..................... $ 88,962,400
(4) STATEWIDE APPROPRIATIONS
Professional development fund - NERE................... $ 200,000
Professional development fund - UAW.................... 700,000
GROSS APPROPRIATION.................................... $ 900,000
Appropriated from:
Interdepartmental grant revenues:
IDG from employer contributions........................ 900,000
State general fund/general purpose..................... $ 0
(5) SPECIAL PROGRAMS
Full-time equated classified positions.......... 181.0
Office of children's ombudsman--14.0 FTE positions..... $ 1,860,900
Property management executive/legislative.............. 1,195,900
Public private partnership............................. 1,500,000
Regional prosperity grants............................. 2,500,000
Retirement services--167.0 FTE positions............... 29,529,300
GROSS APPROPRIATION.................................... $ 36,586,100
Appropriated from:
Special revenue funds:
Deferred compensation.................................. 2,800,000
Pension trust funds.................................... 21,412,500
Public private partnership investment fund............. 1,500,000
State general fund/general purpose..................... $ 10,873,600
(6) STATE BUILDING AUTHORITY RENT
State building authority rent - state agencies......... $ 56,737,700
State building authority rent - department of
corrections.......................................... 18,318,800
State building authority rent - universities........... 145,478,500
State building authority rent - community colleges..... 33,378,100
GROSS APPROPRIATION.................................... $ 253,913,100
Appropriated from:
State general fund/general purpose..................... $ 253,913,100
(7) CIVIL SERVICE COMMISSION
Full-time equated classified positions.......... 459.0
Agency services--74.0 FTE positions.................... $ 13,345,100
Employee benefits--25.0 FTE positions.................. 7,683,200
Executive direction--40.0 FTE positions................ 9,518,800
Human resources operations--320.0 FTE positions........ 39,013,800
Information technology services and projects........... 3,484,700
GROSS APPROPRIATION.................................... $ 73,045,600
Appropriated from:
Special revenue funds:
State restricted funds 1%.............................. 29,510,400
State restricted indirect funds........................ 8,839,600
State sponsored group insurance........................ 10,742,800
State general fund/general purpose..................... $ 23,952,800
(8) CAPITAL OUTLAY
Major special maintenance, remodeling, and addition
for state agencies................................... $ 3,800,000
Enterprisewide special maintenance for state
facilities........................................... 23,396,000
GROSS APPROPRIATION.................................... $ 27,196,000
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy charges.................... 3,800,000
State general fund/general purpose..................... $ 23,396,000
(9) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 26,777,200
GROSS APPROPRIATION.................................... $ 26,777,200
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges........ 723,200
IDG from user fees..................................... 209,700
Special revenue funds:
Deferred compensation.................................. 2,600
MAIN user charges...................................... 2,516,700
Pension trust funds.................................... 10,266,700
Special revenue, internal service, and pension trust
funds................................................ 2,706,500
State restricted indirect funds........................ 583,900
State general fund/general purpose..................... $ 9,767,900
(10) ONE-TIME APPROPRIATIONS
Drinking water declaration of emergency reserve fund... $ 100
Michigan cyber civilian corps.......................... 420,000
Office of retirement services actuarial analysis....... 4,000
GROSS APPROPRIATION.................................... $ 424,100
Appropriated from:
Drinking water declaration of emergency reserve fund... 100
Michigan infrastructure fund........................... 420,000
State general fund/general purpose..................... $ 4,000
Sec. 108. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........ 1,860.5
GROSS APPROPRIATION.................................... $ 1,941,043,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 12,780,300
ADJUSTED GROSS APPROPRIATION........................... $ 1,928,263,200
Federal revenues:
Total federal revenues................................. 27,128,000
Special revenue funds:
Total local revenues................................... 13,135,700
Total private revenues................................. 27,500
Total other state restricted revenues.................. 1,675,478,700
State general fund/general purpose..................... $ 212,493,300
(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions.......... 433.5
Unclassified positions--10.0 FTE positions............. $ 1,045,800
Department services--75.0 FTE positions................ 9,142,500
Executive direction and operations--64.5 FTE positions. 9,567,000
Office of accounting services--29.0 FTE positions...... 4,116,000
Office of collections--197.0 FTE positions............. 28,019,800
Office of financial services--40.0 FTE positions....... 4,883,200
Property management.................................... 7,019,700
Unclaimed property--28.0 FTE positions................. 4,898,100
Worker's compensation.................................. 144,500
GROSS APPROPRIATION.................................... $ 68,836,600
Appropriated from:
IDG, data/collection services fees..................... 336,600
IDG from accounting service center user charges........ 537,500
IDG from MDHHS, title IV-D............................. 791,400
IDG, levy/warrant cost assessment fees................. 3,663,600
IDG, state agency collection fees...................... 4,421,700
Federal revenues:
DED-OPSE, federal lenders allowance.................... 21,000
DED-OPSE, higher education act of 1965 insured loans... 47,300
Special revenue funds:
Delinquent tax collection revenue...................... 35,493,000
Escheats revenue....................................... 4,898,100
Garnishment fees....................................... 2,684,400
Justice system fund.................................... 433,100
Marihuana regulatory fund.............................. 190,000
State lottery fund..................................... 298,400
State restricted indirect funds........................ 278,600
State services fee fund................................ 339,300
Treasury fees.......................................... 47,200
State general fund/general purpose..................... $ 14,355,400
(3) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions.......... 101.0
Local finance--18.0 FTE positions...................... $ 2,658,900
Property tax assessor training--1.0 FTE position....... 1,043,100
Supervision of the general property tax law--82.0 FTE
positions............................................ 18,627,600
GROSS APPROPRIATION.................................... $ 22,329,600
Appropriated from:
Special revenue funds:
Local - assessor training fees......................... 1,043,100
Local - audit charges.................................. 835,500
Local - equalization study chargebacks................. 40,000
Local - revenue from local government.................. 100,000
Delinquent tax collection revenue...................... 1,548,400
Land reutilization fund................................ 2,052,000
Municipal finance fees................................. 554,600
State general fund/general purpose..................... $ 16,156,000
(4) TAX PROGRAMS
Full-time equated classified positions.......... 734.0
Bottle act implementation.............................. $ 250,000
Health insurance claims fund program--13.0 FTE
positions............................................ 2,110,500
Home heating assistance................................ 3,093,900
Office of revenue and tax analysis--9.0 FTE positions.. 1,818,600
Tax and economic policy--43.0 FTE positions............ 7,948,900
Tax compliance--318.0 FTE positions.................... 45,501,600
Tax processing--340.0 FTE positions.................... 39,185,700
Tobacco tax enforcement--11.0 FTE positions............ 1,534,700
GROSS APPROPRIATION.................................... $ 101,443,900
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 2,344,900
IDG from MDOT, state aeronautics fund.................. 72,200
Federal revenues:
HHS-SSA, low-income energy assistance.................. 3,093,900
Special revenue funds:
Bottle deposit fund.................................... 250,000
Brownfield development fund............................ 214,300
Delinquent tax collection revenue...................... 70,255,000
Health insurance claims fund........................... 2,110,500
Marihuana regulatory fund.............................. 721,400
Michigan state waterways fund.......................... 107,100
Tobacco tax revenue.................................... 4,137,800
State general fund/general purpose..................... $ 18,136,800
(5) FINANCIAL PROGRAMS
Full-time equated classified positions.......... 178.0
Common cash and debt management--11.0 FTE positions.... $ 1,701,600
Dual enrollment payments............................... 2,007,600
Investments--81.0 FTE positions........................ 20,980,600
John R. Justice grant program.......................... 288,100
Michigan finance authority - bond finance--64.0 FTE
positions............................................ 26,097,700
Student financial assistance programs--22.0 FTE
positions............................................ 2,742,800
GROSS APPROPRIATION.................................... $ 53,818,400
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees......................... 212,400
Federal revenues:
DED-OPSE, federal lenders allowance.................... 3,741,800
DED-OPSE, higher education act of 1965, insured loans.. 19,308,100
Federal - John R. Justice grant........................ 288,100
Special revenue funds:
Defined contribution administrative fee revenue........ 100,000
Michigan finance authority bond and loan program
revenue.............................................. 3,047,800
Michigan merit award trust fund........................ 1,187,300
Retirement funds....................................... 18,644,700
School bond fees....................................... 872,600
Treasury fees.......................................... 2,457,200
State general fund/general purpose..................... $ 3,958,400
(6) DEBT SERVICE
Clean Michigan initiative.............................. $ 62,751,000
Great Lakes water quality bond......................... 22,865,000
Quality of life bond................................... 21,964,000
GROSS APPROPRIATION.................................... $ 107,580,000
Appropriated from:
State general fund/general purpose..................... $ 107,580,000
(7) GRANTS
Beat the streets....................................... $ 100,000
Convention facility development distribution........... 90,950,000
Courageous cadets...................................... 50,000
Emergency 911 payments................................. 27,000,000
Health and safety fund grants.......................... 1,500,000
Medical marihuana excise fund grants................... 10,890,000
Senior citizen cooperative housing tax exemption
program.............................................. 10,720,100
Financial data analytic tool reimbursement............. 500,000
GROSS APPROPRIATION.................................... $ 141,710,100
Appropriated from:
Special revenue funds:
Convention facility development fund................... 90,950,000
Emergency 911 fund..................................... 27,000,000
Health and safety fund................................. 1,500,000
Medical marihuana excise fund.......................... 10,890,000
Sales tax.............................................. 500,000
State general fund/general purpose..................... $ 10,870,100
(8) BUREAU OF STATE LOTTERY
Full-time equated classified positions.......... 196.0
Lottery information technology services and projects... $ 5,287,000
Lottery operations--196.0 FTE positions................ 26,678,200
GROSS APPROPRIATION.................................... $ 31,965,200
Appropriated from:
Special revenue funds:
State lottery fund..................................... 31,965,200
State general fund/general purpose..................... $ 0
(9) CASINO GAMING
Full-time equated classified positions.......... 143.0
Casino gaming control operations--133.0 FTE positions.. $ 26,604,600
Gaming information technology services and projects.... 2,556,400
Horse racing--10.0 FTE positions....................... 2,052,100
Michigan gaming control board.......................... 50,000
GROSS APPROPRIATION.................................... $ 31,263,100
Appropriated from:
Special revenue funds:
Casino gambling agreements............................. 963,500
Equine development fund................................ 2,176,300
Laboratory fees........................................ 705,400
State services fee fund................................ 27,417,900
State general fund/general purpose..................... $ 0
(10) PAYMENTS IN LIEU OF TAXES
Commercial forest reserve.............................. $ 3,368,100
Purchased lands........................................ 8,677,900
Swamp and tax reverted lands........................... 15,305,600
GROSS APPROPRIATION.................................... $ 27,351,600
Appropriated from:
Special revenue funds:
Private funds.......................................... 27,500
Game and fish protection fund.......................... 3,007,400
Michigan natural resources trust fund.................. 2,064,700
Michigan state waterways fund.......................... 260,800
State general fund/general purpose..................... $ 21,991,200
(11) REVENUE SHARING
City, village, and township revenue sharing............ $ 243,040,000
Constitutional state general revenue sharing grants.... 832,343,800
County incentive program............................... 43,218,800
County revenue sharing payments........................ 175,006,700
Financially distressed cities, villages, or townships.. 4,500,000
Sheriff patrol assistance for financially distressed
communities.......................................... 100
GROSS APPROPRIATION.................................... $ 1,298,109,400
Appropriated from:
Special revenue funds:
Sales tax.............................................. 1,298,109,300
State general fund/general purpose..................... $ 100
(12) STATE BUILDING AUTHORITY
Full-time equated classified positions............ 3.0
State building authority--3.0 FTE positions............ $ 740,000
GROSS APPROPRIATION.................................... $ 740,000
Appropriated from:
Special revenue funds:
State building authority revenue....................... 740,000
State general fund/general purpose..................... $ 0
(13) CITY INCOME TAX ADMINISTRATION PROGRAM
Full-time equated classified positions........... 72.0
City income tax administration program--72.0 FTE
positions............................................ $ 9,887,900
GROSS APPROPRIATION.................................... $ 9,887,900
Appropriated from:
Special revenue funds:
Local - city income tax fund........................... 9,887,900
State general fund/general purpose..................... $ 0
(14) INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects......................................... $ 36,207,600
GROSS APPROPRIATION.................................... $ 36,207,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 400,000
Federal revenues:
DED-OPSE, federal lender allowance..................... 627,800
Special revenue funds:
Local - city income tax fund........................... 1,229,200
Delinquent tax collection revenue...................... 17,588,500
Retirement funds....................................... 787,400
Tobacco tax revenue.................................... 129,400
State general fund/general purpose..................... $ 15,445,300
(15) ONE-TIME APPROPRIATIONS
House Bill No. 5578 as amended April 24, 2018
City, village, and township revenue sharing............ $ 5,800,000
Drinking water declaration of emergency................ 100
Supplemental city, village, and township revenue
sharing.............................................. 3,100,000
Urban search and rescue................................ 900,000
GROSS APPROPRIATION.................................... $ 9,800,100
Appropriated from:
Special revenue funds:
Drinking water declaration of emergency reserve fund... 100
Sales tax.............................................. 5,800,000
State general fund/general purpose..................... $ 4,000,000
Sec. 109. DEPARTMENT OF TALENT AND ECONOMIC
DEVELOPMENT
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,450.0
GROSS APPROPRIATION.................................... $ [1,107,565,700]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION $ [1,107,565,700]
Federal revenues:
Total federal revenues................................. 762,645,800
Special revenue funds:
Total local revenues................................... 500,000
Total private revenues................................. 5,621,700
Total other state restricted revenues.................. 205,332,300
House Bill No. 5578 as amended April 24, 2018
State general fund/general purpose $ [133,465,900]
(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 15.0
Unclassified positions--6.0 FTE positions.............. $ 1,108,500
Executive direction and operations--15.0 FTE positions. 3,903,500
GROSS APPROPRIATION.................................... $ 5,012,000
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance........................ 1,448,500
DOL, federal funds..................................... 369,100
Federal funds.......................................... 2,500,000
Special revenue funds:
Michigan state housing development authority fees and
charges.............................................. 495,900
State general fund/general purpose..................... $ 198,500
(3) MICHIGAN STRATEGIC FUND
Full-time equated classified positions.......... 157.0
Administrative services--37.0 FTE positions............ $ 6,418,300
Arts and cultural program.............................. 10,150,000
Business attraction and community revitalization....... 100,000,000
Community college skilled trades equipment program
debt service......................................... 4,600,000
Community development block grants..................... 47,000,000
Entrepreneurship ecosystem [18,400,000]
Facility for rare isotope beams........................ 7,300,000
Job creation services--120.0 FTE positions............. 22,518,900
House Bill No. 5578 as amended April 24, 2018
Pure Michigan.......................................... [35,000,000]
GROSS APPROPRIATION................................... $ [251,387,200]
Appropriated from:
Federal revenues:
DOL, federal funds..................................... 2,825,800
DOL-ETA, unemployment insurance........................ 287,000
HUD-CPD community development block grant.............. 49,773,300
NFAH-NEA, promotion of the arts, partnership
agreements........................................... 1,050,000
Special revenue funds:
Private - special project advances..................... 250,000
Private - Michigan council for the arts fund........... 100,000
21st century jobs trust fund........................... 75,000,000
Contingent fund, penalty and interest account.......... 4,600,000
Land bank fast track fund.............................. 150,000
Michigan film promotion fund........................... 402,200
Michigan state housing development authority fees and
charges.............................................. 4,699,100
State general fund/general purpose $ [112,249,800]
(4) TALENT INVESTMENT AGENCY
Full-time equated classified positions.......... 979.0
At-risk youth grants................................... $ 3,000,000
Community ventures..................................... 3,500,000
Executive direction--14.0 FTE positions................ 3,498,500
Information technology services and projects - TIA..... 22,610,700
Going pro.............................................. 27,918,800
Unemployment insurance agency--760.0 FTE positions..... 137,836,900
Workforce development programs......................... 381,556,600
Workforce program administration--205.0 FTE positions.. 34,645,800
GROSS APPROPRIATION.................................... $ 614,567,300
Appropriated from:
Federal revenues:
DAG, employment and training........................... 4,000,400
DED-OESE, GEAR-UP...................................... 4,730,700
DED-OVAE, adult education.............................. 20,000,000
DED-OVAE, basic grants to states....................... 19,000,000
DOL, federal funds..................................... 108,732,800
DOL-ETA, unemployment insurance........................ 138,940,600
DOL-ETA, workforce investment act...................... 173,988,600
Federal funds.......................................... 3,440,200
Social security act, temporary assistance to needy
families............................................. 63,698,800
Special revenue funds:
Local revenues......................................... 500,000
Private funds.......................................... 5,271,700
Contingent fund, penalty and interest account.......... 57,069,500
Defaulted loan collection fees......................... 153,700
State general fund/general purpose..................... $ 15,040,300
(5) LAND BANK FAST TRACK AUTHORITY
Full-time equated classified positions............ 9.0
Land bank fast track authority--9.0 FTE positions...... $ 3,625,700
GROSS APPROPRIATION.................................... $ 3,625,700
Appropriated from:
Federal revenues:
House Bill No. 5578 as amended April 24, 2018
Federal revenues....................................... 1,000,000
Special revenue funds:
Land bank fast track fund.............................. 148,400
State general fund/general purpose..................... $ 2,477,300
(6) MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions.......... 290.0
Housing and rental assistance--290.0 FTE positions..... $ 45,043,500
Lighthouse preservation program........................ 307,500
Michigan state housing development authority
technology services and projects..................... 3,625,100
Payments on behalf of tenants.......................... 166,860,000
Property management.................................... 3,637,300
GROSS APPROPRIATION.................................... $ 219,473,400
Appropriated from:
Federal revenues:
HUD, lower income housing assistance................... 166,860,000
Special revenue funds:
Michigan lighthouse preservation program............... 307,500
Michigan state housing development authority fees and
charges.............................................. 52,305,900
State general fund/general purpose..................... $ 0
(7) ONE-TIME APPROPRIATIONS
Arts and cultural program.............................. $ 1,000,000
Drinking water declaration of emergency................ 100
Entrepreneurship ecosystem [1,500,000]
Going pro.............................................. 10,000,000
Project rising tide.................................... [1,000,000]
House Bill No. 5578 as amended April 24, 2018
GROSS APPROPRIATION.................................... $ [13,500,100]
Appropriated from:
Special revenue funds:
Contingent fund, penalty and interest account.......... 10,000,000
Drinking water declaration of emergency reserve fund... 100
State general fund/general purpose..................... $ [3,500,000]
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30 of article IX of the
state constitution of 1963, total state spending from state sources
under part 1 for fiscal year 2018-2019 is [$3,279,193,300.00] and
state spending from state sources to be paid to local units of
government for fiscal year 2018-2019 is [$1,510,595,900.00]. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF STATE
Fees to local units.................................... $ 109,800
Motorcycle safety grants............................... 1,019,200
Subtotal............................................... $ 1,129,000
DEPARTMENT OF TREASURY
Senior citizen cooperative housing tax exemption....... $ 10,720,100
Health and safety fund grants.......................... 1,500,000
Constitutional state general revenue sharing grants.... 832,343,800
City, village, and township revenue sharing............ 248,840,000
Medical marihuana excise fund grants................... 6,534,000
Supplemental city, village, and township revenue
sharing.............................................. 3,100,000
Convention facility development fund distribution...... 90,950,000
Emergency 9-1-1 payments............................... 27,000,000
Financially distressed cities, villages, or townships.. 4,500,000
Airport parking distribution pursuant to section 909... 24,601,900
County incentive program............................... 43,218,800
County revenue sharing payments........................ 175,006,700
Payments in lieu of taxes.............................. 27,351,600
Subtotal............................................... $ 1,495,666,900
DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT
Welfare-to-work programs............................... $ 11,300,000
Subtotal............................................... $ 11,300,000
TOTAL GENERAL GOVERNMENT............................... $ 1,508,095,900
(2) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources for
fiscal year 2018-2019 is estimated at $32,742,310,300.00 in the
2018-2019 appropriations acts and total state spending from state
sources paid to local units of government for fiscal year 2018-2019
is estimated at $18,584,557,000.00. The state-local proportion is
estimated at 56.8% of total state spending from state sources.
(3) If payments to local units of government and state
spending from state sources for fiscal year 2018-2019 are different
than the amounts estimated in subsection (2), 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
2018-2019 to the senate and house of representatives standing
committees on appropriations within 30 days after the final book-
closing for fiscal year 2018-2019.
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "COBRA" means the consolidated omnibus budget
reconciliation act of 1985, Public Law 99-272, 100 Stat 82.
(b) "DAG" means the United States Department of Agriculture.
(c) "DED" means the United States Department of Education.
(d) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(e) "DED-OPSE" means the DED Office of Postsecondary
Education.
(f) "DED-OVAE" means the DED Office of Vocational and Adult
Education.
(g) "DOE-OEERE" means the United States Department of Energy,
Office of Energy Efficiency and Renewable Energy.
(h) "DOL" means the United States Department of Labor.
(i) "DOL-ETA" means the United States Department of Labor,
Employment and Training Administration.
(j) "EEOC" means the United States Equal Employment
Opportunity Commission.
(k) "FTE" means full-time equated.
(l) "Fund" means the Michigan strategic fund.
(m) "GEAR-UP" means gaining early awareness and readiness for
undergraduate programs.
(n) "GED" means a general educational development certificate.
(o) "GF/GP" means general fund/general purpose.
(p) "HHS" means the United States Department of Health and
Human Services.
(q) "HHS-OS" means the HHS Office of the Secretary.
(r) "HHS-SSA" means the HHS Social Security Administration.
(s) "HUD" means the United States Department of Housing and
Urban Development.
(t) "HUD-CPD" means the United States Department of Housing
and Urban Development - Community Planning and Development.
(u) "IDG" means interdepartmental grant.
(v) "JCOS" means the joint capital outlay subcommittee.
(w) "MAIN" means the Michigan administrative information
network.
(x) "MCL" means the Michigan Compiled Laws.
(y) "MDE" means the Michigan department of education.
(z) "MDLARA" means the Michigan department of licensing and
regulatory affairs.
(aa) "MDEQ" means the Michigan department of environmental
quality.
(bb) "MDHHS" means the Michigan department of health and human
services.
(cc) "MDMVA" means the Michigan department of military and
veterans affairs.
(dd) "MDOT" means the Michigan department of transportation.
(ee) "MDSP" means the Michigan department of state police.
(ff) "MDTMB" means the Michigan department of technology,
management, and budget.
(gg) "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.
(hh) "MEGA" means the Michigan economic growth authority.
(ii) "MFA" means the Michigan finance authority.
(jj) "MPE" means the Michigan public employees.
(kk) "MSF" means the Michigan strategic fund.
(ll) "MSHDA" means the Michigan state housing development
authority.
(mm) "NERE" means nonexclusively represented employees.
(nn) "NFAH-NEA" means the National Foundation of the Arts and
the Humanities - National Endowment for the Arts.
(oo) "PA" means public act.
(pp) "PATH" means Partnership. Accountability. Training. Hope.
(qq) "RFP" means a request for a proposal.
(rr) "SEIU" means Service Employees International Union.
(ss) "SIGMA" means statewide integrated governmental
management applications.
(tt) "WDA" means the workforce development agency.
(uu) "WIC" means women, infants, and children.
Sec. 204. The departments and agencies receiving
appropriations in part 1 shall use the internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
Sec. 205. 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. 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. 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. 206. The director of each department and agency receiving
appropriations in part 1 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. Each
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. 207. 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 house and senate standing committees on
appropriations, the chairpersons of the relevant appropriations
subcommittees, 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 total transportation and related costs of each travel
occurrence, including the proportion funded with state GF/GP
revenues, the proportion funded with state restricted revenues, the
proportion funded with federal revenues, and the proportion funded
with other revenues.
Sec. 208. Funds appropriated in 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 legal
services that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total GF/GP appropriation lapses at the close of the prior
fiscal year. This report shall summarize the projected year-end
GF/GP 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. 210. (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:
2017 2018 2019
Michigan personal income (millions). $452,542 $472,001 $492,769
less: transfer payments........... 95,699 100,254 105,578
Subtotal ......................... $356,843 $371,747 $387,191
Divided by: Detroit consumer price
index for 12 months ending June 30 2.249 2.280 2.321
Equals: real adjusted Michigan
personal income................... $158,701 $163,047 $166,851
Percentage change................... N/A 2.7% 2.3%
Growth rate in excess of 2%?........ N/A 0.7% 0.3%
Equals: countercyclical budget and
economic stabilization fund pay-in
calculation for the fiscal year ending
September 30, 2019 (millions)..... N/A $72.2 $31.0
Growth rate less than 0%?........... N/A NO NO
Equals: countercyclical budget and
economic stabilization fund pay-out
calculation for the fiscal year ending
September 30, 2019 (millions)..... N/A N/A $0.0
(2) Notwithstanding subsection (1), there is appropriated for
the fiscal year ending September 30, 2019, from GF/GP revenue for
deposit into the countercyclical budget and economic stabilization
fund the sum of $0.00.
Sec. 211. The departments and agencies receiving
appropriations in part 1 shall cooperate with the department of
technology, management, and budget to maintain a searchable website
that is updated at least quarterly and that is 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. 212. Within 14 days after the release of the executive
budget recommendation, the departments and agencies receiving
appropriations in part 1 shall cooperate with the state budget
office to provide the chairs of the senate and house of
representatives standing committees on appropriations, the chairs
of the senate and house of representatives standing committees on
appropriations subcommittees, 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, 2018 and September 30, 2019.
Sec. 213. The departments and agencies receiving
appropriations in part 1 shall maintain, on a publicly accessible
website, a department or agency scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's or agency's performance.
Sec. 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.
Sec. 216. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 217. General fund appropriations in part 1 shall not be
expended for items in cases where federal funding or private grant
funding is available for the same expenditures.
Sec. 218. A department or state agency shall not take
disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 221. Each department and agency shall report no later
than April 1 on each specific policy change made to implement a
public act affecting the department that took effect during the
prior calendar year to the senate and house of representatives
standing committees on appropriations subcommittees on general
government, the joint committee on administrative rules, and the
senate and house fiscal agencies.
Sec. 229. (1) If the office of the auditor general has
identified an initiative or made a recommendation that is related
to savings and efficiencies in an audit report for an executive
branch department or agency, the department or agency shall report
within 6 months of the release of the audit on their efforts and
progress made toward achieving the savings and efficiencies
identified in the audit report. The report shall be submitted to
the chairs of the senate and house of representatives standing
committees on appropriations, the chairs of the senate and house of
representatives standing committees with jurisdiction over matters
relating to the department that is audited, and the senate and
house fiscal agencies.
(2) If the office of the auditor general does not receive the
required report regarding initiatives related to savings and
efficiencies within the 6-month time frame, the office of the
auditor general may charge noncompliant executive branch
departments and agencies for the cost of performing a subsequent
audit to ensure that the initiatives related to savings and
efficiencies have been implemented.
Sec. 235. By April 1, the state budget director shall submit a
report to the senate and house appropriations committees, the
chairpersons of the relevant appropriations subcommittees, and the
senate and house fiscal agencies. The report shall recommend a
contingency plan for each federal funding source included in the
state budget of $10,000,000.00 or more in the event that the
federal government reduces funding to the state through that source
by 10% or greater.
Sec. 240. (1) Concurrently with the submission of the fiscal
year 2019-2020 executive budget recommendations, the state budget
office shall provide the senate and house appropriations
committees, the chairpersons of the relevant appropriations
subcommittees, the senate and house fiscal agencies, and the policy
offices a report that lists each new program or program enhancement
for which funds in excess of $500,000.00 are appropriated in part 1
of each departmental appropriation act.
(2) By July 15, 2019, the state budget director and the chairs
of the senate and house appropriations committees shall identify
new programs or program enhancements identified under subsection
(1) for measurement using program–specific metrics, in addition to
the metrics required under section 447 of the management and budget
act, 1984 PA 431, MCL 18.1447.
(3) By September 30, 2020, the state budget office shall
provide a report on the specific metrics and the progress in
meeting the estimated performance for each program identified under
subsection (2) to the senate and house appropriations committees,
the senate and house appropriations subcommittees on each state
department, and the senate and house fiscal agencies and policy
offices.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 301. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $1,500,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 301a. (1) From the funds appropriated in part 1 for
attorney general operations, the attorney general must maintain a
minimum of 24 drug investigations and may prosecute when sufficient
evidence is obtained. The purpose of this investment is to
establish a specialized drug investigation and prosecution unit.
(2) The attorney general's office 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 detailing the activities and the results
of the investigations and prosecutions of the unit established in
subsection (1).
Sec. 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. 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 of attorney
general'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. 304. The department of attorney general 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 of attorney general for the actual
costs of legal representation, including salaries and support
costs.
Sec. 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 of attorney general pursuant
to the existing contract between the department of health and human
services, the Prosecuting Attorneys Association of Michigan, and
the department of attorney general. The source of this funding is
money earned by the department of attorney general under the
agreement after the allowance for reimbursement to the department
of attorney general for costs associated with the prosecution of
food stamp fraud cases. It is recognized that the federal funds are
earned by the department of attorney general 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. 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. 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. 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 of the
attorney general, 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. 309. (1) From the prisoner reimbursement funds
appropriated in part 1, the department may spend up to $636,500.00
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 of attorney
general 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. 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. 312. The department of attorney general 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. 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 $2,602,700.00.
(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. 314a. (1) From funds available to the attorney general
for investigations, crime victim rights, prosecutions, and appeals
for retroactive juvenile life without parole cases, the department
of attorney general shall not expend more than $700,000.00 for
these purposes.
(2) The attorney general's office shall submit a detailed
expenditure report to the house and senate appropriations
subcommittees on general government and the judiciary, the senate
and house fiscal agencies, and the state budget director by
September 30 detailing how the funds provided in subsection (1)
were expended.
Sec. 315. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $18,049,500.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $8,321,100.00. Total agency appropriations for retiree
health care legacy costs are estimated at $9,728,400.00.
Sec. 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 of the attorney general 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, 2019, funds appropriated in part 1 shall only be
used for the testing of those kits.
Sec. 317. (1) The department of attorney general 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.
DEPARTMENT OF CIVIL RIGHTS
Sec. 401. (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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $750,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 402. (1) In addition to the appropriations contained in
part 1, the department of civil rights 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 of civil rights 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. 403. The department of civil rights 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. 404. (1) The department of civil rights 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. 405. The department of civil rights 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. 410. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $2,558,000.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $1,179,300.00. Total agency appropriations for retiree
health care legacy costs are estimated at $1,379,700.00.
LEGISLATURE
Sec. 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. 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. 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. 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. 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. 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, 2023.
Sec. 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, 2023.
Sec. 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, 2023.
Sec. 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. 616. The unexpended funds appropriated in part 1 for the
legislative IT design special project 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 the continued design,
development, implementation, operation, and administration of the
legislative computer system.
(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 $12,750,000.00.
(d) The tentative completion date is September 30, 2023.
(e) Funds described in this section shall not be expended
without written approval of the senate majority leader or his or
her designee, the speaker of the house of representatives or his or
her designee, and the legislative council administrator or his or
her designee.
LEGISLATIVE AUDITOR GENERAL
Sec. 620. Pursuant to section 53 of article IV of the state
constitution of 1963, the auditor general shall conduct audits of
the judicial branch. The audits may include the supreme court and
its administrative units, the court of appeals, and trial courts.
Sec. 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. 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. 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 Audit Directive No. 29, which describes
the office of the auditor general's policy on responding to
legislative requests.
Sec. 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. 625. The legislative auditor general shall conduct an
audit of the title IX operations of each public university that
receives operations funding under section 236 of the state school
aid act, 1979 PA 94, MCL 388.1836, at least once every 3 years.
DEPARTMENT OF STATE
Sec. 701. (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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 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 $11.00
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
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. 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. 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. 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. 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. 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. 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. 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. 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. 714. (1) Except as otherwise provided under subsection
(2), at least 180 days before closing a branch office or
consolidating a branch office and at least 60 days before
relocating a branch office, the department of state shall inform
members of the senate and house of representatives standing
committees on appropriations and legislators who represent affected
areas regarding the details of the proposal. The information
provided shall be in written form and include all analyses done
regarding criteria for changes in the location of branch offices,
including, but not limited to, branch transactions, revenue, and
the impact on citizens of the affected area. The impact on citizens
shall include information regarding additional distance to branch
office locations resulting from the plan. The written notice
provided by the department of state shall also include detailed
estimates of costs and savings that will result from the overall
changes made to the branch office structure and the same level of
detail regarding costs for new leased facilities and expansions of
current leased space.
(2) If the consolidation of a branch office is with another
branch office that is located within the same local unit of
government or the relocation of a branch office is to another
location that is located within the same local unit of government,
the department of state is not required to provide the notification
or written information described in subsection (1).
(3) As used in this section, "local unit of government" means
a city, village, township, or county.
Sec. 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. 717. (1) The department of state may accept nonmonetary
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.
(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. 718. From the funds appropriated in part 1 to the
department of state, branch operations, the department shall
maintain a full service secretary of state branch office in Buena
Vista Township.
Sec. 719. From the funds appropriated in part 1, the office of
investigative services may use available funds to conduct
investigations of any reported irregularities in a local, state, or
national election.
Sec. 720. (1) The department of state must develop a plan to
implement enhanced postelection audit procedures to ensure accurate
reporting processes and accurate counting of cast election ballots.
The plan shall recommend best practices for the conduct of
postelection audits by the bureau of elections and county election
offices. The recommendations shall include instructions for manual
audits of paper ballots to verify tabulated results.
(2) The plan must be completed by July 1 and distributed to
the house and senate appropriations subcommittees on general
government, and to the house and senate fiscal agencies.
Sec. 722. (1) From the funds appropriated in part 1 for
information technology services and projects, the department of
state shall continue implementation of a legacy modernization
project. The purpose of this project is modernization of the entire
system and removal of existing programs from the legacy mainframes.
(2) The department of state shall provide a report on the
status of the legacy modernization project that includes, but is
not limited to, itemization of all expenditures made on behalf of
the project, anticipated completion date of the project, time frame
of each phase of the project, the cost of the project, the number
of employees assigned to implement each phase of the project, the
contracts entered into for the project, anticipated overall cost of
the project, and any other information the department considers
necessary. The plan shall be distributed to the senate and house of
representatives standing committees on appropriations subcommittees
on general government, as well as the senate and house fiscal
agencies, and the state budget director by January 1.
Sec. 725. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $30,655,900.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $14,132,900.00. Total agency appropriations for
retiree health care legacy costs are estimated at $16,523,000.00.
DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET
Sec. 801. (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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 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 MDTMB
to offset costs incurred in the acquisition and distribution of
federal surplus property. The MDTMB shall provide consolidated
internet auction services through the state's contractors for all
local units of government.
Sec. 803. (1) The MDTMB 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 MDTMB may receive and expend funds in addition to
those authorized by part 1 for real estate, architectural, design,
and engineering services provided specifically to other principal
executive departments or state agencies, the legislative branch,
the judicial branch, or private tenants.
(3) The MDTMB 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 MDTMB 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.
Sec. 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 MDTMB. 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 MDTMB 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. 805. To the extent a specific appropriation is required
for a detailed source of financing included in part 1 for the MDTMB
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. 806. In addition to the funds appropriated in part 1 to
the MDTMB, the MDTMB 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 MDTMB 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. 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. 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 MDTMB.
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 MDTMB, for management and
budget services from building occupancy charges and parking
charges, may be increased to return excess revenue collected to
state agencies.
Sec. 809. On a quarterly basis, the MDTMB 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. 810. The MDTMB shall maintain an internet website that
contains notice of all invitations for bids and requests for
proposals over $50,000.00 issued by the MDTMB or by any state
agency operating under delegated authority. This information must
appear on the first page of each department or state agency
dashboard. The MDTMB shall not accept an invitation for bid or
request for proposal in 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 the state and documented by the
MDTMB. In addition to the requirements of this section, the MDTMB
may advertise the invitations for bids and requests for proposals
in any manner the MDTMB determines appropriate, in order to give
the greatest number of individuals and businesses the opportunity
to make bids or requests for proposals.
Sec. 811. The MDTMB 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. 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. 813. (1) Funds in part 1 for motor vehicle fleet are
appropriated to the MDTMB 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 MDTMB. 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 MDTMB's authority under sections 213 and
215 of the management and budget act, 1984 PA 431, MCL 18.1213 and
18.1215, the MDTMB 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 MDTMB 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 MDTMB may charge state agencies for fuel cost
increases that exceed $3.04 per gallon of unleaded gasoline. The
MDTMB 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 MDTMB in order to ensure that the appropriations for
motor vehicle fleet in the MDTMB budget equal the expenditures for
motor vehicle fleet in the budgets for all executive branch
agencies.
Sec. 814. The MDTMB 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 MDTMB deems necessary. The
plan shall be distributed to the senate and house of
representatives standing committees on appropriations subcommittees
on general government, as well as 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 MDTMB 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. 814a. The funds appropriated in part 1 for 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. 816. An RFP issued for the purpose of privatization shall
include all factors used in evaluating and determining price.
Sec. 818. In addition to the funds appropriated in part 1, the
MDTMB 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. 820. The MDTMB 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. 822. The MDTMB shall compile a report by January 1
pertaining to the salaries of unclassified employees, as well as
gubernatorial appointees, within all state departments and
agencies. The report shall enumerate each unclassified employee and
gubernatorial appointee and his or her annual salary individually.
The report shall be distributed to the chairs of the senate and
house of representatives standing committees on appropriations
subcommittees on general government, as well as the senate and
house fiscal agencies and be made available electronically.
Sec. 822b. (1) A public-private partnership investment fund is
created in the MDTMB. Subject to subsections (2) and (3), public-
private partnership investments shall include, but are not limited
to, all of the following:
(a) Capital asset improvements including buildings, land, or
structures.
(b) Energy resource exploration, extraction, generation, and
sales.
(c) Financial and investment incentive opportunities.
(d) Infrastructure construction, maintenance, and operation.
(e) Public-private sector joint ventures that provide economic
benefit to an area or to the state.
(2) Public-private investments shall not include projects,
consultant expenses, staff effort, or any other activity related to
the development, financing, construction, operation, or
implementation of the Detroit River International Crossing or any
successor project unless the project is approved by the legislature
and signed into law.
(3) The state budget director shall determine whether or not a
specific public-private partnership investment opportunity
qualifies for funding under subsection (1).
(4) Investment development revenue, including a portion of the
proceeds from the sale of any public-private partnership investment
designated in subsection (1), shall be deposited into the fund
created in subsection (1) and shall be available for
administration, development, financing, marketing, and operating
expenditures associated with public-private partnerships, unless
otherwise provided by law. Public-private partnership investments
authorized in subsection (1) are authorized for public or private
operation or sale consistent with state law. Expenditures from the
fund are authorized for investment purposes as designated in
subsection (1) to enhance the marketable value of each investment.
The unencumbered balance remaining in the fund at the end of the
fiscal year may be carried forward for appropriation in future
years.
(5) An annual report shall be transmitted 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 office 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) Public-private partnership investments as identified under
subsection (1).
(6) The MDTMB shall monitor the revenue deposited in the
public-private partnership investment fund created in subsection
(1). If the revenue in the fund is insufficient to pay the amount
appropriated in part 1 for public-private partnership investment,
then the MDTMB shall propose a legislative transfer to fund the
line from the appropriations in part 1.
Sec. 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 Detroit River International
Crossing or any successor project unless the project is approved by
the legislature and signed into law.
Sec. 822d. By December 31, the MDTMB shall provide a report to
the senate and house appropriations subcommittees on general
government and the senate and house fiscal agencies that identifies
fee and rate schedules to be used by state departments and agencies
for services, including information technology, provided by the
MDTMB during fiscal year 2018-2019. The report shall also identify
changes from fees and rates charged in fiscal year 2017-2018 and
include an explanation of the factors that justify each fee and
rate increase.
Sec. 822e. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $85,199,900.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $39,278,600.00. Total agency appropriations for
retiree health care legacy costs are estimated at $45,921,300.00.
Sec. 822f. (1) The funds appropriated in part 1 for the
regional prosperity initiative are to be used as competitive grants
to eligible regional planning organizations qualifying for funding
as a regional prosperity collaborative, a regional prosperity
council, or a regional prosperity board. A regional planning
organization may not qualify for funding under more than 1 category
in the same state fiscal year. As used in this section:
(a) "Eligible regional planning organization" means any of the
following:
(i) An existing regional planning commission created pursuant
to 1945 PA 281, MCL 125.11 to 125.25.
(ii) An existing regional economic development commission
created pursuant to 1966 PA 46, MCL 125.1231 to 125.1237.
(iii) An existing metropolitan area council formed pursuant to
the metropolitan councils act, 1989 PA 292, MCL 124.651 to 124.729.
(iv) A Michigan metropolitan planning organization established
pursuant to the moving ahead for progress in the 21st century act,
Public Law 112-141.
(b) "Freedom of information act" means the freedom of
information act, 5 USC 552.
(c) "Open meetings act" means the open meetings act, 1976 PA
267, MCL 15.261 to 15.275.
(d) "Regional prosperity board" means a regional body that has
a singular governing board with representation from private,
public, and nonprofit entities engaged in joint decision-making
practices for the purpose of creating or maintaining a phase three:
regional prosperity plan.
(e) "Regional prosperity collaborative" means any committee
developed by a regional planning organization or a metropolitan
planning organization that serves to bring organizational
representation together from private, public, and nonprofit
entities within a region for the purpose of creating or maintaining
a phase one: regional prosperity plan.
(f) "Regional prosperity council" means a regional body with
representation from private, public, and nonprofit entities with
shared administrative services and an executive governing entity,
as demonstrated by a formal local agreement or agreements for the
purpose of creating or maintaining a phase two: regional prosperity
plan.
(2) Regional planning organizations may qualify to receive not
more than $250,000.00 of incentive-based funding as a regional
prosperity collaborative subject to meeting all of the following
requirements:
(a) The regional prosperity collaborative has created a phase
one: regional prosperity plan, as follows:
(i) The regional prosperity collaborative must include
regional representatives from adult education, workforce
development, community development, economic development,
transportation, and higher education organizations.
(ii) The plan is required, at a minimum, to include a 5-year
plan focused on economic growth and vitality for the region, as
well as a performance dashboard and measurable annual goals to
support the 5-year plan.
(iii) The 5-year plan shall address regional strategies
related to adult education, workforce development, economic
development, transportation, higher education, and business
development.
(iv) The regional prosperity collaborative shall adopt the
plan by a minimum 2/3 majority vote of its members.
(b) The regional prosperity collaborative adheres to
accountability and transparency measures required in the open
meetings act and the freedom of information act.
(c) The regional prosperity collaborative convenes monthly
meetings, open to the public, to consider and discuss issues
leading to a common vision of economic prosperity for the region,
including, but not limited to, community development, economic
development, talent, and infrastructure opportunities.
(d) The regional prosperity collaborative makes available on
the grant recipient's publicly accessible internet site pertinent
documents, including, but not limited to, monthly meeting agendas,
minutes of monthly meetings, voting records, and the regional
prosperity plan and performance dashboard.
(e) The regional prosperity collaborative keeps a status
report detailing the spending associated with previous regional
prosperity initiative grants. Organizations that have successfully
received grant awards in previous fiscal years shall be required to
make available to the department and on a publicly accessible
internet site information regarding the use of those grant dollars.
(3) Regional planning organizations eligible to receive a
payment as a regional prosperity collaborative under subsection (2)
may qualify to receive a 1-time grant of not more than $75,000.00
to produce a plan to transform the regional prosperity
collaborative into a regional prosperity council or regional
prosperity board, including necessary local formal agreements, to
make recommendations that eliminate duplicative efforts and
administrative functions, and to leverage resources through
cooperation, collaboration, and consolidations of organizations or
programs throughout the region. Plans produced to transform the
regional prosperity collaborative into a regional prosperity
council or regional prosperity board shall be made available on the
grant recipient's publicly accessible internet site. The regional
prosperity collaborative may apply instead to use up to $70,000.00
of the 1-time grant for integrated asset management under guidance
from the Michigan infrastructure council in the department of
treasury. The regional prosperity collaborative may not apply for
funds under both the transformation grant and the integrated asset
management grant.
(4) Regional planning organizations may qualify to receive not
more than $375,000.00 of incentive-based funding as a regional
prosperity council subject to meeting all of the following
requirements:
(a) A regional prosperity council has been formed and includes
regional representatives from adult education, workforce
development, community development, economic development,
transportation, and higher education organizations.
(b) An eligible regional prosperity council will demonstrate
shared administrative services between 2 public regional entities
included in subdivision (a). In addition, the council must have and
maintain an executive governing entity, as demonstrated by a formal
local agreement or agreements.
(c) The regional prosperity council has created a phase two:
regional prosperity plan, as follows:
(i) The regional prosperity council shall identify
opportunities for shared administrative services and decision-
making among the private, public, and nonprofit entities within the
region and shall continue collaboration with regional prosperity
council members, including, but not limited to, representatives
from adult education providers, workforce development agencies,
community development agencies, economic development agencies,
transportation service providers, and higher education
institutions.
(ii) The plan is required to include, but is not limited to,
all of the following:
(A) A status report of the approved 5-year plan.
(B) The addition of a 10-year plan for the region which builds
upon prior work and is focused on economic growth and vitality in
the region.
(C) A prioritized list of regional projects.
(D) A performance dashboard with measurable annual goals.
(iii) The regional prosperity council shall adopt the plan by
a minimum 2/3 vote of its members.
(d) The regional prosperity council adheres to accountability
and transparency measures required in the open meetings act and the
freedom of information act.
(e) The regional prosperity council convenes monthly meetings,
open to the public, to consider and discuss issues leading to a
common vision of economic prosperity for the region, including, but
not limited to, community development, economic development,
talent, and infrastructure opportunities.
(f) The regional prosperity council makes available on the
grant recipient's publicly accessible internet site pertinent
documents, including, but not limited to, monthly meeting agendas,
minutes of monthly meetings, voting records, and the regional
prosperity plan and performance dashboard.
(g) The regional prosperity council keeps a status report
detailing the spending associated with previous regional prosperity
initiative grants. Organizations that have successfully received
grant awards in previous fiscal years shall be required to make
available to the MDTMB and on a publicly accessible internet site
information regarding the use of those grant dollars.
(5) Regional planning organizations eligible to receive a
payment as a regional prosperity council under subsection (4) may
qualify to receive a 1-time grant of not more than $75,000.00 to
produce a plan to transform the regional prosperity council into a
regional prosperity board, including a singular private/public
governance structure that comports with federal guidelines for
governance under the workforce investment act, Public Law 105-220,
the moving ahead for progress in the 21st century act, Public Law
112-141, the economic development administration and Appalachian
regional development reform act of 1998, Public Law 105-393, and
recommendations to eliminate duplicative efforts, administrative
functions, and leverage resources through cooperation,
collaboration, and consolidations of organizations or programs
throughout the region. The regional prosperity council may apply
instead to use up to $70,000.00 of the 1-time grant for integrated
asset management under guidance from the Michigan infrastructure
council in the department of treasury. The regional prosperity
council may not apply for funds under both the transformation grant
and the integrated asset management grant.
(6) Regional planning organizations may qualify to receive not
more than $500,000.00 of incentive-based funding as a regional
prosperity board subject to meeting all of the following
requirements:
(a) The regional prosperity board has been formed and, at a
minimum, must demonstrate the consolidation of a regional
metropolitan planning organization, where one exists, state
designated regional planning agency boards, workforce development
boards, and federally designated regional economic development
districts within a region.
(b) The regional prosperity board has created a phase three:
regional prosperity plan, as follows:
(i) The regional prosperity board shall create a regional
services recommendations report prioritizing the list of state-
funded services and programs provided to the region, and
recommendations for state-regional partnerships to support the
adopted regional prosperity plan.
(ii) The plan is required to include a status report of the
approved 10-year plan for the creation of an updated regional
prosperity plan.
(iii) The regional prosperity board shall adopt the plan by a
minimum 2/3 vote of its members.
(c) The regional prosperity board adheres to accountability
and transparency measures required in the open meetings act and the
freedom of information act.
(d) The regional prosperity board convenes monthly meetings,
open to the public, to consider and discuss issues leading to a
common vision of economic prosperity for the region, including, but
not limited to, community development, economic development,
talent, and infrastructure opportunities.
(e) The regional prosperity board makes available on the grant
recipient's publicly accessible internet site pertinent documents,
including, but not limited to, monthly meeting agendas, minutes of
monthly meetings, voting records, and the regional prosperity plan
and performance dashboard. The regional prosperity board may apply
instead to use up to $70,000.00 of the 1-time grant for integrated
asset management under guidance from the Michigan infrastructure
council in the department of treasury. The regional prosperity
board may not apply for funds under both the transformation grant
and the integrated asset management grant.
(7) Regional planning organizations eligible to receive a
payment as a regional prosperity board under subsection (6) may
qualify to receive not more than $125,000.00, to implement the
prioritized regional prosperity plan projects.
(8) Regional planning organizations eligible to receive a
payment as a regional prosperity collaborative, board, or council
may partner with other eligible regional planning organizations to
submit joint applications. In the instance of a joint application,
1 regional planning organization shall be utilized as the overall
applicant. The MDTMB may award a joint application award of no
greater than the sum of potential application dollars which would
have otherwise been available through individual applications.
(9) The MDTMB shall develop an application process and method
of grant distribution for the regional prosperity initiative.
Funding applications from regional planning organizations shall be
due to the MDTMB by November 26, 2018. The MDTMB shall notify
regional planning organizations of grant application status by
December 31, 2018. The MDTMB shall ensure that processes are
established to verify that qualifying regional planning
organizations meet the requirements under subsections (2), (3),
(4), (5), (6), and (7), as applicable.
(10) Unexpended funds appropriated in part 1 for the regional
prosperity initiative 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
expenditure for regional prosperity initiative 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 incentive-based
grants to recipients under this section.
(b) The projects will be accomplished by grants to qualified
regional planning organizations.
(c) The total estimated cost of all projects is $2,500,000.00.
(d) The estimated completion date is September 30, 2022.
(11) The MDTMB may dedicate 0.3 FTEs up to $30,000.00 to
manage the evaluation of the regional prosperity initiative,
departmental implementation of the regional prosperity initiative,
and grant management.
Sec. 822g. The MDTMB 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. 822m. From the funds appropriated in part 1, the MDTMB
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.
Sec. 822n. From the funds appropriated in part 1, beginning on
October 1, the MDTMB shall ensure that all new requests for
proposals that are publicly displayed on the webpage include the
proposal's corresponding department and agency for the purpose of
searching for requests for proposals by department and agency.
INFORMATION TECHNOLOGY
Sec. 823. (1) The MDTMB may sell and accept paid advertising
for placement on any state website under its jurisdiction. The
MDTMB shall review and approve the content of each advertisement.
The MDTMB may refuse to accept advertising from any person or
organization or require modification to advertisements based upon
criteria determined by the MDTMB. Revenue received under this
subsection shall be used for operating costs of the MDTMB 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 MDTMB 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 MDTMB may reject
any gift, donation, contribution, bequest, or grant.
(3) Funds accepted by the MDTMB 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 MDTMB shall provide a report to the senate
and house of representatives appropriations subcommittees on
general government and senate and house fiscal agencies that
details the funds accepted for the prior fiscal year by November 1.
Sec. 824. The MDTMB 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 MDTMB 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
MDTMB may expend amounts received for salaries, supplies, and
equipment necessary to provide informational products and technical
services. Prior to December 1 of each year, the MDTMB shall provide
a report to the senate and house of representatives standing
committees on appropriations subcommittees on general government
and the state budget director detailing the sources of funding and
expenditures made under this section.
Sec. 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. 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) Server support and management.
(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 planning and budget management.
(j) Telecommunication services, infrastructure, and support.
Sec. 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 MDTMB 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 MDTMB under this section shall
be expended for the support and maintenance of the Michigan public
safety communications system.
Sec. 828. The MDTMB shall submit a report for the immediately
preceding fiscal year ending September 30 to the senate and house
of representatives standing committees on appropriations
subcommittees on general government and the senate and house fiscal
agencies by March 1. The report shall include the following:
(a) The total amount of funding appropriated for information
technology services and projects, by funding source, for all
principal executive departments and agencies.
(b) A listing of the expenditures made from the amounts
received by the MDTMB as reported in subdivision (a).
Sec. 829. The MDTMB shall provide a report that analyzes and
makes recommendations on the life-cycle of information technology
hardware and software. The report shall be submitted to the senate
and house of representatives standing committees on appropriations
subcommittees on general government and the senate and house fiscal
agencies by March 1.
Sec. 830. (1) The MDTMB, enterprise portfolio management
office, must provide a report on a quarterly basis providing key
information on all executive branch department and enterprisewide
information technology projects. The report must be submitted to
the senate and house appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state
budget director as well as being posted online.
(2) The report must contain the following information, as it
exists for or applies to each active information technology project
and each completed information technology project closed within the
2-year period immediately preceding the quarterly due date of the
report:
(a) The client department, agency, or organization for which
the project is being undertaken.
(b) The active or completed status.
(c) The red, yellow, green status as determined by enterprise
project performance criteria using initially set schedules and
budgets.
(d) The number of projects by color status and each number's
corresponding percentage of all active or completed projects.
(e) The project name.
(f) The purpose and high-level description.
(g) Whether the project is managed by the enterprise portfolio
management office.
(h) The initial planned budget.
(i) The revised budget if there is any increase or decrease to
the project's initial budget.
(j) The actual cost to date.
(k) The planned start date.
(l) The actual start date.
(m) The initial planned completion date.
(n) The revised planned completion date if there is a change
from the initial planned completion date.
(o) The actual completion date.
(p) A brief description of the benefit or justification of
changes by project change request that impact a project's schedule
or budget.
(q) Whether quality assurance services are assigned to the
project.
(r) The project success score after project closure.
(s) The customer satisfaction rating after project closure.
Sec. 831. The funds appropriated in part 1 for the office of
retirement services actuarial analysis shall be used to conduct an
actuarial analysis to determine the costs incurred by the state
employees retirement system as a result of implementing the
provisions of House Bill No. 5411 of the 99th Legislature. The
appropriations in part 1 for the office of retirement services
actuarial analysis and the requirements of this section do not take
effect unless House Bill No. 5411 of the 99th Legislature is
enacted into law.
Sec. 832. (1) The MDTMB shall inform the senate and house
appropriations subcommittees on general government and the senate
and house fiscal agencies within 30 days of any potential or actual
penalties assessed by the federal government for failure of the
Michigan child support enforcement system to achieve certification
by the federal government.
(2) If potential penalties are assessed by the federal
government, the MDTMB shall submit a report to the senate and house
appropriations subcommittees on general government and the senate
and house fiscal agencies within 90 days specifying the MDTMB's
plans to avoid actual penalties and ensure federal certification of
the Michigan child support enforcement system.
Sec. 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 MDTMB 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 MDTMB budget to accommodate an
increase or decrease in spending authorization.
Sec. 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 MDTMB 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. 835. (1) In addition to the funds appropriated in part 1,
the funds collected by the MDTMB 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 MDTMB 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
from the authorization in subsection (1) and the amount of revenue
carried forward.
Sec. 836. From the increased funds appropriated in part 1 for
the information technology investment fund, the MDTMB shall provide
for the modernization of state information technology systems, and
integrate state system interfaces to improve customer service.
Sec. 836a. (1) The MDTMB must utilize specific outcomes and
performance measures for cyber security staffing, hardware, and
support costs, including, but not limited to, the following:
(a) Reduce the number of cyber threats based on the daily
attacks to prevent data breaches during the fiscal year ending
September 30, 2019.
(b) Reduce the risk of cyber vulnerabilities for application,
data, and network during the fiscal year ending September 30, 2019.
(c) Increase awareness of cyber threats and the preventative
steps for citizens, businesses, and employees during the fiscal
year ending September 30, 2019.
(2) The MDTMB 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 for the prior fiscal year if related
information is available for the prior fiscal year.
Sec. 837. (1) The MDTMB must utilize specific outcomes and
performance measures for citizen centric government information
technology initiatives, including, but not limited to, the
following:
(a) Implement integration of MiLogin with at least 10 high-
value systems to provide seamless access to those systems with 1
set of credentials during the fiscal year ending September 30,
2019.
(b) Increase the number of high-value systems that citizens
and businesses can log into with 1 login during the fiscal year
ending September 30, 2019.
(2) The MDTMB 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.
STATE BUILDING AUTHORITY RENT
Sec. 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. 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. 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. 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. 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) "Department" means the department of technology,
management, and budget.
(d) "Director" means the director of the department of
technology, management, and budget.
(e) "Fiscal agencies" means the senate fiscal agency and the
house fiscal agency.
(f) "State agency" means an agency of state government. State
agency does not include a community college or university.
(g) "State building authority" means the authority created
under 1964 PA 183, MCL 830.411 to 830.425.
(h) "University" means a 4-year university supported by the
state. University does not include a community college or a state
agency.
Sec. 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. 862. (1) The department shall provide the JCOS, state
budget director, and the senate and house fiscal agencies with
reports as considered necessary relative to the status of each
planning or construction project financed by the state building
authority, by this part and part 1, or by previous acts.
(2) Before the end of each fiscal year, the department shall
report to the JCOS, state budget director, and the senate and house
fiscal agencies for each capital outlay project other than lump
sums all of the following:
(a) The account number and name of each construction project.
(b) The balance remaining in each account.
(c) The date of the last expenditure from the account.
(d) The anticipated date of occupancy if the project is under
construction.
(e) The appropriations history for the project.
(f) The professional service contractor.
(g) The amount of the project financed with federal funds.
(h) The amount of the project financed through the state
building authority.
(i) The total authorized cost for the project and the state
authorized share if different than the total.
(3) Before the end of each fiscal year, the MDTMB shall report
the following for each project by a state agency, university, or
community college that is authorized for planning but is not yet
authorized for construction:
(a) The name of the project and account number.
(b) Whether a program statement is approved.
(c) Whether schematics are approved by the department.
(d) Whether preliminary plans are approved by the department.
(e) The name of the professional service contractor.
(4) As used in this section, "project" includes appropriation
line items made for purchase of real estate.
Sec. 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. 865. (1) A site preparation economic development fund is
created in the MDTMB. 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 MEDC 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).
Sec. 867. Proceeds from the sale of the Farnum Building shall
be subsequently appropriated to the MDTMB in accordance with any
legislation enacted that authorizes the sale of that property. If
the net proceeds from the sale of the Farnum Building are less than
the $7,000,000.00 authorized for senate relocation costs in section
896 of article VIII of 2014 PA 252, an amount equal to the
difference between the net sale proceeds and $7,000,000.00 shall be
appropriated by the legislature to the department.
CAPITAL OUTLAY - UNIVERSITIES AND COMMUNITY COLLEGES
Sec. 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. 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. 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.
DEPARTMENT OF TREASURY
OPERATIONS
Sec. 901. (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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 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 of
treasury 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
of treasury 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
of treasury 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. 902a. The department of treasury 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 office 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. 903. (1) From the funds appropriated in part 1, the
department of treasury 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 of treasury, 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 of
treasury 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 of treasury, 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 of treasury 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.
Sec. 904. (1) The department of treasury, 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 of treasury 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 of treasury to be surplus.
(2) In addition to the funds appropriated in part 1 from the
retirement funds to the department of treasury, 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 office
concerning the performance of each portfolio by investment advisor.
Sec. 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. 905. A revolving fund known as the municipal finance fee
fund is created in the department of treasury. 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. 906. (1) The department of treasury 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 of treasury. The contractual charges
collected shall be credited to the audit charges fund and may be
carried forward for future appropriation.
Sec. 907. A revolving fund known as the assessor certification
and training fund is created in the department of treasury. 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
of treasury 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. 908. The amount appropriated in part 1 to the department
of treasury, 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. 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. 910. The disbursement by the department of treasury from
the bottle deposit fund to dealers as required by section 3c(2) of
1976 IL 1, MCL 445.573c, is appropriated.
Sec. 911. There is appropriated an amount sufficient to
recognize and pay refundable income tax credits as provided by law.
Sec. 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. 913. (1) The department of treasury 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 of
treasury for the senior citizens' cooperative housing tax exemption
program, a portion may be utilized for a program audit of the
program. The department of treasury 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 office. The department of
treasury may utilize up to 1% of the funds for program
administration and auditing.
Sec. 914. The department of treasury 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. 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 2016. 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. 916. The department of treasury 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. 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 of treasury 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).
Sec. 919. (1) From funds appropriated in part 1, the
department of treasury 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 of treasury, 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 of treasury 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. 920. (1) The department of treasury shall produce a
listing of all personal property tax reimbursement payments to be
distributed by the local community stabilization authority related
to property taxes levied in the current calendar year and shall
post the list of payments on the department website by September
30.
(2) The department of treasury shall prepare a written notice
that describes the potential for adjustments in personal property
tax reimbursement payments that will affect the subsequent payment.
The department shall provide the notice to the local community
stabilization authority by March 31.
(3) The local community stabilization authority shall
distribute the notice prepared under subsection (2) to all
municipalities by April 30. The notice may be distributed
electronically.
Sec. 924. (1) In addition to the funds appropriated in part 1,
the department of treasury 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 of treasury 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. 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, 2020.
Sec. 927. The department of treasury 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
personal property tax audits. The report shall include the number
of audits, revenue generated, and number of complaints received by
the department related to the audits.
Sec. 928. The department of treasury may provide receipt,
warrant and cash processing, data, collection, investment, fiscal
agent, levy and warrant 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. 930. (1) The department of treasury 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 of treasury 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 of
treasury to pay for the cost of collections. The department of
treasury 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 of treasury to
be surplus to the actual cost of collections.
(2) The department of treasury 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. 931. (1) The appropriation in part 1 to the department of
treasury 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 of treasury
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 of treasury 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. 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. 934. (1) The department of treasury 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.
(2) The department of treasury shall report by January 31 to
the senate and house appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state
budget director on the amount and purpose of expenditures made
under subsection (1) from funds received in addition to those
appropriated in part 1. The report shall also include a listing of
reimbursement of revenue, if any. The report shall cover the
previous fiscal year.
Sec. 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 of treasury.
Sec. 936. (1) From the funds appropriated in part 1 for
financial data analytic tool reimbursement, there is allocated an
amount not to exceed $500,000.00 for reimbursements to cities,
villages, townships, and counties for the licensing of data
analytic tools as described under this section. Reimbursements are
for cities, villages, townships, and counties that choose to use a
data analytic tool with 1 of the vendors approved by the MDTMB
under subsection (2). Funds allocated under this section are
intended to provide cities, villages, townships, and counties with
financial forecasting and transparency reporting tools to improve
the financial health of cities, villages, townships, and counties
and to improve communication with the public.
(2) Not later than October 15, the MDTMB shall review vendors
for data analytic tools and provide cities, villages, townships,
and counties with a list of up to 2 approved vendors that cities,
villages, townships, and counties may use to qualify for a
reimbursement under this section. An approved data analytic tool
supplied by the vendor must do all of the following:
(a) Analyze financial data.
(b) Analyze pension and other postemployment benefit trends.
(c) Provide early warning indicators of financial stress.
(d) Provide peer community comparisons of financial data.
(e) Provide financial projections for at least 3 subsequent
fiscal years.
(3) Funds allocated under this section shall be paid to
cities, villages, townships, and counties as a reimbursement for
already having a licensing agreement or for entering into a
licensing agreement not later than December 1, with a vendor
approved under subsection (2) to implement a data analytic
agreement. Reimbursement under this section shall be made as
follows:
(a) All cities, villages, townships, and counties seeking
reimbursement shall submit requests not later than December 1,
indicating the cost paid for the financial data analytic tool.
(b) The department shall determine the sum of the funding
requested by all cities, villages, townships, and counties under
subdivision (a) and, if there are sufficient funds, shall reimburse
1/2 of the costs submitted by each city, village, township, and
county under subdivision (a). If there are insufficient funds to
pay 1/2 of the costs submitted under subdivision (a), the
reimbursement shall be made on an equal percentage basis.
(c) Any funds remaining after the calculation and payment of
reimbursements under this subsection 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.
(d) The reimbursement to a city, village, township, or county
shall not be greater than the amount paid for a data analytic
application.
(e) A city, village, township, or county shall not be
reimbursed for the purchase of more than 1 software application.
(4) Payments under this section shall be made on a schedule
determined by the department.
(5) Within 30 days after the department has made all payments
under subsection (3), the department shall report the following to
the senate and house of representatives standing committees on
appropriations subcommittees on general government, the state
budget director, and the fiscal agencies:
(a) The total amount of payments made.
(b) If the payments were prorated, the amount of proration.
(c) A list of each payment made to cities, villages,
townships, and counties.
Sec. 937. From the funds appropriated in part 1, the
department of treasury 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. 940. The department of treasury shall study the
feasibility of requiring homeowners to file principal residence
exemption documents directly with the department of treasury. The
feasibility study shall include information regarding additional
staffing and administrative resources necessary to implement the
change. The department of treasury shall provide a report of their
findings to 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 senate and house fiscal agencies, and the state budget director
by January 1.
Sec. 941. (1) The department of treasury, in conjunction with
the MSF, shall report to the senate and house of representatives
standing committees on appropriations, the senate and house of
representatives appropriations subcommittees on general government,
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
department of treasury, in conjunction with the MSF, shall report
to the senate and house of representatives standing committees on
appropriations, the senate and house of representatives
appropriations subcommittees on general government, 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. 942. As a condition of receiving funds appropriated in
part 1 for supervision of the general property tax law, the
department of treasury shall prioritize maintaining existing
contracts related to the property services division.
Sec. 943. From the funds appropriated in part 1, the
department of treasury may establish a closed-loop payment
processing and digital patient identification delivery and
authentication system under which the department creates accounts
to be used only by registered patients and caregivers at licenses
dispensaries as well as by all license holders and licensed
marihuana businesses, vendors, and other approved participants in
the state program.
Sec. 944. If the department of treasury 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. 945. Reviews of local unit assessment administration
practices, procedures, and records, also known as the audit of
minimal assessing requirements, shall be conducted in each
assessment jurisdiction a minimum of once every 5 years.
Sec. 946. Revenue collected in the convention facility
development fund is appropriated and shall be distributed under
sections 8 and 9 of the state convention facility development act,
1985 PA 106, MCL 207.628 and 207.629.
Sec. 947. Financial independence teams shall cooperate with
the financial responsibility section to coordinate and streamline
efforts in identifying and addressing fiscal emergencies in school
districts and intermediate school districts.
Sec. 948. Total authorized appropriations from all department
of treasury sources under part 1 for legacy costs for the fiscal
year ending September 30, 2019 are estimated at $44,037,800.00.
From this amount, total agency appropriations for pension-related
legacy costs are estimated at $20,302,200.00. Total agency
appropriations for retiree health care legacy costs are estimated
at $23,735,600.00.
Sec. 949. (1) From the funds appropriated in part 1, the
department of treasury 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 of treasury,
there are appropriated amounts necessary to pay contract costs or
fund operations designed to reduce fraudulent income tax refund
payments not to exceed $1,200,000.00 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 of treasury 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. 949a. From the funds appropriated in part 1 for
additional staff in city income tax administration, the department
shall expand individual income tax return administration to 1
additional city to leverage the department's capabilities to assist
cities with their taxation efforts.
Sec. 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. 949e. From the funds appropriated in part 1 for the state
essential services assessment program, the department of treasury
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. 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. 949g. From the one-time funds appropriated in part 1 for
urban search and rescue task force, $900,000.00 shall be expended
to support the urban search and rescue task force. In distributing
funds under this section, the department of treasury shall require
the task force to provide to the department the following
information:
(a) A final year-end report providing information on all
revenue received by source and expenditures by categories, with the
funds distributed to the task force under section 949g of article
VIII of 2017 PA 107 discretely presented.
(b) Detail on the proposed expenditure of the funds
distributed under this section.
(c) A final year-end report providing information on all
revenue received by source and expenditures by categories, with the
funds distributed under this section discretely presented.
Sec. 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. 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. 949k. There is appropriated an amount equal to the tax
capture 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. 950. The funds appropriated in part 1 for constitutional
revenue sharing shall be distributed by the department of treasury
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. 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
is eligible to receive 100% of its eligible payment under section
952 of article VIII of 2017 PA 107. 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 of article VIII of 2017 PA 107 for the combined single
entity, the amount each of the merging local units was eligible to
receive under section 952 of article VIII of 2017 PA 107 is summed.
For purposes of this subsection, population is determined in the
same manner as under section 3 of the Glenn Steil state revenue
sharing act of 1971, 1971 PA 140, MCL 141.903. In addition, any
city or village that according to the 2010 federal decennial census
is determined to have population in more than 1 county shall be
treated as a single entity when determining the eligible payment
under section 952 of article VIII of 2017 PA 107.
(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 by
which the balance in its revenue sharing reserve fund under section
44a of the general property tax act, 1893 PA 206, MCL 211.44a, for
the county's most recent fiscal year that ends prior to the January
1 of the state's fiscal year is less than the amount calculated
under section 44a(14) of the general property tax act, 1893 PA 206,
MCL 211.44a, for the county fiscal year that begins in the state's
fiscal year. 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 of treasury.
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 of treasury 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 of treasury 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 of treasury 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. 955. (1) The funds appropriated in part 1 for county
revenue sharing shall be distributed by the department of treasury
so that each eligible county receives a payment equal to 100.986%
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 of treasury shall annually certify to the
state budget director the amount each county is authorized to
expend from its revenue sharing reserve fund.
Sec. 956. (1) The funds appropriated in part 1 for financially
distressed cities, villages, or townships shall be granted by the
department of treasury to cities, villages, and townships that have
1 or more conditions that indicate probable financial distress, as
determined by the department of treasury. A city, village, or
township with 1 or more conditions that indicate probable financial
distress may apply in a manner determined by the department of
treasury 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 make payments to reduce unfunded accrued liability; to repair or
replace critical infrastructure and equipment owned or maintained
by the city, village, or township; to reduce debt obligations; 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 of
treasury shall award no more than $2,000,000.00 to any city,
village, or township under this section.
(2) The department of treasury 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 office 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 of treasury.
(c) The total estimated cost of all projects is $4,500,000.00.
(d) The tentative completion date is September 30, 2023.
Sec. 957. (1) From the 1-time funds appropriated in part 1 for
supplemental revenue sharing, a city, village, or township eligible
for a payment under section 952 of this part shall receive a
payment equal to the population of the city, village, or township
multiplied by $0.40599, rounded to the nearest dollar. For purposes
of this section, population is determined in the same manner as
under section 3 of the Glenn Steil state revenue sharing act of
1971, 1971 PA 140, MCL 141.903. In addition, any city or village
that according to the 2010 federal decennial census is determined
to have population in more than 1 county shall be treated as a
single entity when determining the payment received under this
section.
(2) 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.
BUREAU OF STATE LOTTERY
Sec. 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. 964. For the bureau of state lottery, there is
appropriated 1% of the lottery's prior fiscal year's gross sales or
$30,000,000.00, whichever is less, for promotion and advertising.
CASINO GAMING
Sec. 971. 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.
Sec. 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. 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. 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. 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. 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 office, 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. If a certified horsemen's organization funds more than
the actual regulatory cost, the balance shall remain in the
agriculture equine industry development fund to be used to fund
subsequent race dates conducted by race meeting licensees with
which the certified horsemen's organization has contracts. If a
certified horsemen's organization funds less than the actual
regulatory costs of the additional horse racing dates, the Michigan
gaming control board shall reduce the number of future race dates
conducted by race meeting licensees with which the certified
horsemen's organization has contracts. 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. 979. In addition to the funds appropriated in part 1, the
Michigan gaming control board may receive and expend state lottery
fund revenue in an amount not to exceed $3,000,000.00 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. The Michigan gaming
control board 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 office
by April 15. The report shall include, but not be limited to, total
expenditures related to the licensing and regulating of millionaire
parties, steps taken to ensure charities are receiving revenue due
to them, progress on promulgating rules to ensure compliance with
the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101
to 432.120, and any enforcement actions taken.
DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT
Sec. 980. (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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 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 private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) 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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 981. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $32,493,000.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $14,979,800.00. Total agency appropriations for
retiree health care legacy costs are estimated at $17,513,200.00.
Sec. 982. 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 senate and house appropriation subcommittees on general
government, the senate and house fiscal agencies, and the state
budget office within 10 business days after receiving any
additional pass-through funds.
MICHIGAN STRATEGIC FUND - HOUSING AND COMMUNITY DEVELOPMENT
Sec. 990. MSHDA shall annually present a report to the state
budget office and the subcommittees on the status of the
authority's housing production goals under all financing programs
established or administered by the authority. The report shall give
special attention to efforts to raise affordable multifamily
housing production goals.
Sec. 994. 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. 995. In addition to the amounts appropriated in part 1,
the land bank fast track 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. 1004. As a condition of receiving funds appropriated in
part 1, the MSF shall provide all information required to be
transmitted in the activities report required under section 9 of
the Michigan strategic fund act, 1984 PA 270, MCL 125.2009, to 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 senate and house fiscal
agencies, and the state budget director by March 15.
Sec. 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. 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 appropriations subcommittees on general government, the
fiscal agencies, and the state budget office by March 15.
Sec. 1006. (1) As a condition of receiving funds appropriated
in part 1, the fund shall provide a report of all approved
amendments to projects for the immediately preceding year under
sections 88r and 90b of the Michigan strategic fund act, 1984 PA
270, MCL 125.2088r and 125.2090b. The report shall provide a
description of each amendment, by award, which shall include, but
is not limited to, the following:
(a) The amended award amount relative to the prior award
amount.
(b) The amended number of committed jobs relative to the prior
number of committed jobs.
(c) The amended amount of qualified investment committed
relative to the prior amount of qualified investment committed.
(d) A description of any change in scope of the project.
(e) A description of any change in project benchmarks,
deadlines, or completion dates.
(f) The reason or justification for the amendment approval.
(2) In addition to being posted online, the report shall be
distributed to 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 senate and house fiscal agencies, and the state budget director
by March 15.
Sec. 1007. (1) As a condition of receiving funds appropriated
in part 1, the fund and the MEDC shall provide an activities report
on the programs and activities administered and approved by the
MEDC executive committee for the preceding fiscal year. Programs
and activities include, but are not limited to, programs and
activities funded with corporate or other investment revenues,
programs and activities supported with a combination of corporate
funds and state appropriated funds, and any other program
administered and approved by the MEDC executive committee. The MEDC
executive committee activities report shall provide expenditures
allocated by program and a listing of individual grants, loans, and
investments and shall include the recipient; the amount granted,
loaned, or invested; and the purpose of the grant, loan, or
investment. The activities report shall also include the following:
(a) The number of corporate employees of the MSF and the MEDC
by division.
(b) The preceding fiscal year year-end corporate fund balance,
projected corporate fund expenditures for the current fiscal year,
and the projected year-end corporate fund balance for the current
fiscal year.
(c) A projected budget report for the current fiscal year that
provides projected expenditures by specific program or activity.
(2) The report shall be posted online and shall be distributed
to 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 senate and
house fiscal agencies, and the state budget director by March 15.
Sec. 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. 1009. (1) Of the funds appropriated to the fund or
through grants to the MEDC, no funds shall be expended for the
purchase of options on land or the purchase of land unless at least
1 of the following conditions applies:
(a) The land is located in an economically distressed area.
(b) The land is obtained through a purchase or exercise of an
option at the invitation of the local unit of government and local
economic development agency.
(2) Consideration may be given to purchases where the proposed
use of the land is consistent with a regional land use plan, will
result in the redevelopment of an economically distressed area, can
be supported by existing infrastructure, and will not cause shifts
in population away from the area's population centers.
(3) As used in this section, "economically distressed area"
means an area in a city, village, or township that has been
designated as blighted; a city, village, or township that shows
negative population change from 1970 and a poverty rate and
unemployment rate greater than the statewide average; or an area
certified as a neighborhood enterprise zone under the neighborhood
enterprise zone act, 1992 PA 147, MCL 207.771 to 207.786.
(4) If land or options on land are purchased under subsection
(1), the fund 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
that provides a list of all properties purchased, all options on
land purchased, the location of the land purchased, and the
purchase price. The report must be submitted before March 15.
Sec. 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
senate and house of representatives standing committees on
appropriations subcommittees on general government, the senate and
house fiscal agencies, and the state budget office. 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. 1011. (1) From the appropriations in part 1 to the fund
or 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. 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. 1013. As a condition for receiving the appropriations in
part 1, any staff of the MEDC involved in private fund-raising
activities shall not be party to any decisions regarding the
awarding of grants, incentives, or tax abatements from the fund,
the MEDC, or the Michigan economic growth authority.
Sec. 1024. From the funds appropriated in part 1 for business
attraction and community revitalization, not less than
$20,000,000.00 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. 1032. (1) The department of talent and economic
development shall report to the house and senate subcommittees on
general government, the state budget director, and the 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 department of talent and economic
development 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. 1033. As a condition of receiving funds in part 1, not
later than March 15, the department of talent and economic
development shall provide a report on the activities of the
Michigan film and digital media office for the immediately
preceding fiscal year. The report shall be submitted to the
chairpersons of the senate and house of representatives
subcommittees on general government, the senate and house fiscal
agencies, and the state budget office. The report shall include,
but not be limited to, a listing of all projects the Michigan film
and digital media office provided assistance on, a listing of the
services provided for each project, and an estimate of investment
leveraged.
Sec. 1034. 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 senate and house of
representatives appropriations subcommittees on general government,
the senate and house fiscal agencies, and the state budget director
by March 15.
Sec. 1035. (1) From the appropriation 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 fund shall publish proposed
application criteria, instructions, and forms for use by eligible
applicants. The fund 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.
(2) The appropriation in part 1 for arts and cultural program
shall not be used for the administration of the grant program.
Sec. 1036. (1) The GF/GP 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. 1038. (1) From the funds appropriated in part 1, the
department shall work with Michigan State University to gather
information and create an annual progress report on the
construction of the Facility for Rare Isotope Beams. The report
shall include, but is not limited to, the following information:
(a) If construction is ahead of the scheduled timeline made
with the United States Department of Energy at the end of the
previous fiscal year and the number of weeks.
(b) If the cost of construction is under or over the amount
projected for the previous fiscal year and the amount.
(c) The number of Michigan companies that have been contracted
for the project, the total amount of those contracts, and number of
permanent and temporary employees employed in the previous fiscal
year.
(2) The department shall report to the state budget director,
senate and house standing committees on appropriations, senate and
house appropriation subcommittees on general government, and senate
and house fiscal agencies by March 15. If information is not
provided by Michigan State University by March 15, the department
shall provide notice of steps taken to get the required information
and when it will be available.
Sec. 1040. As a condition of receiving funds in part 1, the
department of talent and economic development shall utilize SIGMA,
or a successor MDTMB-administered administrative information system
used across state government, as an appropriation and expenditure
reporting system to track all financial transactions with
individual vendors, contractual partners, grantees, recipients of
business incentives, and recipients of other economic assistance.
Encumbrances and expenditures shall be reported in a timely manner.
Sec. 1041. From the funds appropriated in part 1 for business
attraction and community revitalization, the fund shall request the
transfer by the state treasurer of not more than 60% of the funds
prior to April 1.
Sec. 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 senate and house of representatives standing
committees on appropriations subcommittees on general government,
the senate and house fiscal agencies, and the state budget
director.
Sec. 1043. (1) The fund, in conjunction with the department of
treasury, shall 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 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
senate and house of representatives appropriations subcommittees on
general government, 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. 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
department of talent and economic development, 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 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. 1047. (1) From the funds appropriated in part 1 for
business attraction and community revitalization, $500,000.00 shall
be allocated to a career and technology education center that
serves both students and adults and has joint cooperation and
funding from a local school district, intermediate school district,
Michigan Works!, and Michigan manufacturing companies located in a
county with a population of between 99,000 and 100,000 according to
the most recent federal decennial census. The funds shall be used
to support a pilot program that provides 50% of training funds up
front for eligible participants and works with local employers to
ensure that the pilot program is reimbursed for the training funds
used to train a participant who completes 90 days of employment
with the employer. Funds appropriated under part 1 for this program
shall be sufficient to support the first 3 years of program
funding.
(2) The pilot program funded under subsection (1) shall
require the adult training staff to work with individuals and local
employers to identify a cohort of participants who meet the
eligibility requirements for this program. To be eligible for this
program, participants shall meet all of the requirements for either
of the following options:
(a) Option 1 requires the participant to meet all of the
following:
(i) The participant must be currently employed.
(ii) The participant must be working in a job that is
determined to be below his or her level of education or experience.
(iii) The participant must demonstrate an ability to maintain
a job once training is complete.
(b) Option 2 requires the participant to meet all of the
following:
(i) The participant must be currently employed.
(ii) The participant must be identified by his or her employer
as a person who can master higher level skills.
(iii) The participant must demonstrate an ability to maintain
a job once training is complete.
(3) A pilot program funded under subsection (1) must be
required to have on staff at least 1 adult training navigator who
will serve as a caseworker for each participant identified under
subsection (2). The navigator must work with adult training staff
and potential employers to design an educational program best
suited to the personal and employment needs of the participant.
(4) Not later than December 1, the pilot program funded under
subsection (1) must provide a report detailing the number of
participants, the number of certificates obtained, and the number
of participants transitioned to enhanced employment to the senate
and house appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget director.
(5) It is the intent of the legislature that upon completion
of the 3-year pilot program, industry partners shall be required to
provide 50% of employment enhancement training funds up front to
the training facility for eligible training participants. In
addition, the training facility shall provide 50% of training funds
up front for eligible training participants. Once a training
participant completes 90 days of employment with an industry
partner, the industry partner shall reimburse the training facility
for funds used to train the training participant.
Sec. 1050. (1) From the funds appropriated in part 1 for
business attraction and community revitalization, the department of
talent and economic development shall identify specific outcomes
and performance measures, including, but not limited to, the
following:
(a) Total verified jobs created during the fiscal year ending
September 30, 2019.
(b) Total private investment obtained during the fiscal year
ending September 30, 2019.
(c) Amount of private and public square footage created and
reactivated during the fiscal year ending September 30, 2019.
(2) The department of talent and economic development 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 for the prior fiscal year if related
information is available for the prior fiscal year.
Sec. 1052. From the one-time funds appropriated in part 1 for
project rising tide, the department of talent and economic
development shall identify specific outcomes and performance
measures, including, but not limited to, the following:
(a) Number of communities participating in and completing the
redevelopment ready communities best practices evaluation during
the fiscal year ending September 30, 2019.
(b) Number of technical assistance projects completed during
the fiscal year ending September 30, 2019.
Sec. 1053. As a condition of receiving funds appropriated in
part 1 for the arts and cultural program, the department of talent
and economic development shall identify specific outcomes and
performance measures, including, but not limited to, the following:
(a) Number of applications received during the fiscal year
ending September 30, 2019.
(b) Number of grants awarded during the fiscal year ending
September 30, 2019.
(c) Number of FTEs supported by grants during the fiscal year
ending September 30, 2019.
TALENT INVESTMENT AGENCY
Sec. 1060. The talent investment agency 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. 1061. From the funds appropriated in part 1 for workforce
programs subgrantees, the talent investment agency may allocate
funding for grants to nonprofit organizations that offer programs
pursuant to the workforce investment act of 1998, Public Law 105-
220, or 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 talent investment agency shall develop
other appropriate eligibility requirements to ensure compliance
with applicable federal rules and regulations.
Sec. 1062. The talent investment agency 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. 1063. (1) In addition to the funds appropriated in part
1, any unencumbered and unrestricted federal workforce investment
act of 1998, Public Law 105-220, 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 talent investment agency shall report by February 15
to the senate and house subcommittees on general government, the
fiscal agencies, and the state budget director on the amount, by
fiscal year, of federal workforce investment act of 1998, Public
Law 105-220, and workforce innovation and opportunity act, 29 USC
3101 to 3361, funds appropriated under this section.
Sec. 1064. As a condition of receiving funds appropriated in
part 1 for Going pro, the talent investment agency 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 senate and
house of representatives standing committees on appropriations
subcommittees on general government, the senate and house fiscal
agencies, and the state budget director by March 15.
Sec. 1065. The talent investment agency shall publish data and
reports on March 15 and September 30 on the agency 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, and new USDOL registered apprenticeships.
(f) The number of individuals who completed the program and
were hired by awardee.
(g) The number of applications received and the number of
applications approved for each region.
(h) The talent investment agency 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. 1066. As a condition of receiving funds in part 1 for
Going pro, the talent investment agency shall administer the
program as follows:
(a) The talent investment agency shall work cooperatively with
grantees to maximize the amount of funds from part 1 that are
available for direct training.
(b) The talent investment agency, 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 talent investment agency 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 talent investment agency shall ensure that grants are
utilized for individual skill enhancement and to address in-demand
talent needs in Michigan.
(d) The talent investment agency 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 talent investment agency 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 talent investment agency shall identify solutions and goals
to be implemented to satisfy those needs. The talent investment
agency shall notify the senate and house of representatives
standing committees on appropriations, 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 any program goal, solution, or
guidance changes not fewer than 14 days prior to the finalization
and publication of the changes. Revenue received by the talent
investment agency 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. The intent of these funds will involve improving and
increasing the skill level of employees in skilled trades in the
automotive industry and the manufacturing processes within the
changing manufacturing environment.
Sec. 1068. (1) Of the funds appropriated in part 1 for the
workforce training programs, the talent investment agency shall
provide a report by March 15 to the senate and house of
representatives standing committees on appropriations subcommittees
on general government, the state budget director, and the 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. 1070. (1) From the one-time funds appropriated in part 1
for Going pro, $1,500,000.00 must be awarded for a program to
assist adults over the age of 23 in obtaining high school diplomas
and placement in career training programs.
(2) For purposes of this section, an eligible program provider
may be a public, nonprofit, or private accredited diploma-granting
institution, but must have at least 2 years of experience providing
dropout recovery services in the state of Michigan.
(3) The department of talent and economic development shall
issue a request for qualifications for eligible program providers
to participate in the pilot program. To be considered a qualified
program provider, the institution must possess all of the
following:
(a) Experience providing dropout reengagement services.
(b) Ability to provide academic intake assessments.
(c) Capacity to provide an integrated learning plan.
(d) Course catalog that includes access to all graduation
requirements.
(e) Capability to provide remediation coursework.
(f) Means to provide academic resilience assessment and
intervention.
(g) Capacity to provide employability skills development.
(h) Ability to provide WorkKeys preparation.
(i) Ability to provide industry credentials.
(j) Capability to provide credit for on-the-job training.
(k) Access to a robust support framework, including
technology, social support, and academic support accredited by a
recognized accrediting body.
(4) The department shall announce qualified program providers
no later than January 1, 2018. Qualified program providers must
start providing programming by February 1, 2018.
(5) The department of talent and economic development shall
reimburse qualified program providers for each month of
satisfactory monthly progress as described in section 23a of the
state school aid act, 1979 PA 94, MCL 388.1623a, at a rate of
$500.00 per month. A payment shall be made to a qualified program
provider for the completion of the following by a pupil:
(a) $500.00 for the completion of an employability skills
certification program equal to at least 1 Carnegie unit.
(b) $250.00 for the attainment of an industry-recognized
credential requiring up to 50 hours of training.
(c) $500.00 for the attainment of an industry-recognized
credential requiring 50 to 100 hours of training.
(d) $750.00 for the attainment of an industry-recognized
credential requiring more than 100 hours of training.
(e) $1,000.00 for attainment of a high school diploma.
(f) $2,500.00 for placement in a job in an in-demand career
pathway.
(6) The department of talent and economic development shall
develop policies and guidelines to implement this section.
Sec. 1071. From the funds appropriated in part 1 for at-risk
youth grants, $3,000,000.00 must be awarded to the Michigan
franchise holder of the national Jobs for America's Graduates
program.
Sec. 1076. The department of talent and economic development
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 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 cases during the quarter.
(c) The total amount of penalties and interest dollars
received during the quarter.
(d) The total amount of penalties and interest still owed to
the state.
(e) The number of fraudulent cases that have been appealed by
an employer or claimant during the quarter.
Sec. 1078. (1) From the funds appropriated in part 1 for the
unemployment insurance agency, the talent investment agency shall
maintain customer service standards for employers and claimants
making use of the various means by which they can access the
system.
(2) The talent investment agency 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.
Sec. 1079. (1) The talent investment agency shall extend the
interagency agreement with the department of health and human
services for the duration of the current fiscal year, which
concerns TANF funding to provide job readiness and welfare-to-work
programming. The interagency agreement shall include specific
outcome and performance reporting requirements as described in this
section. TANF funding provided to the talent investment agency in
the current fiscal year is contingent on compliance with the data
and reporting requirements described in this section. The
interagency agreement shall require the talent investment agency to
provide all of the following items for the previous year to the
senate and house appropriations committees by January 1 of the
current fiscal year:
(a) An itemized spending report on TANF funding, including all
of the following:
(i) Direct services to clients.
(ii) Administrative expenditures.
(b) The number of family independence program clients served
through the TANF funding, including all of the following:
(i) The number and percentage who obtained employment through
Michigan Works!.
(ii) The number and percentage who fulfilled their TANF work
requirement through other job readiness programming.
(iii) Average TANF spending per client.
(iv) The number and percentage of clients who were referred to
Michigan Works! but did not receive a job or job readiness
placement and the reasons why.
(2) Not later than March 15 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 following matters itemized by Michigan Works! agency: the
number of referrals to Michigan Works! job readiness programs, the
number of referrals to Michigan Works! job readiness programs who
became a participant in the Michigan Works! job readiness programs,
the number of participants who obtained employment, and the cost
per participant case.
Sec. 1080. (1) From the funds appropriated in part 1 for
community ventures, the department of talent and economic
development may expend not more than $2,000,000.00 of the funds as
matching funds upon the commitment of matching dollars from private
sources. For every $1.00 the department of talent and economic
development elects to receive from a private source for the
purposes of a community ventures program match, the department of
talent and economic development shall expend $1.00 from the
appropriation in part 1 up to $2,000,000.00. Funds received from
private sources for a community ventures program match are
appropriated upon receipt and shall be expended for the purposes of
the community ventures program.
(2) The department of talent and economic development shall
identify specific outcomes and performance measures for this
initiative, including, but not limited to, the following:
(a) The number of commitments from private sources, including
the dollar amount committed and source.
(b) Additional participants served with challenge funds.
(c) Jobs created and the average wage.
Sec. 1081. (1) The department of talent and economic
development shall provide a status update on the statewide system
for data integration that established new information technology
systems to integrate data for talent and pipeline development to
track and report workforce development activities and provide for
sustained and expanded longitudinal data analysis between state
departments.
(2) The department of talent and economic development shall
provide a report by March 15 for the current and prior fiscal years
on specific outcomes and performance metrics for this initiative,
including, but not limited to, the following:
(a) Job placements and retention at 6 months.
(b) Apprenticeships completed.
(c) Average wage.
Sec. 1082. As a condition of receiving funds in part 1, the
department of talent and economic development shall provide a
status update by March 15 on the usage of the funds appropriated
for the sustainable employment pilot program in 2016 PA 268 and
2016 PA 340. The status update shall include, but not be limited
to, all of the following:
(a) A description of the sustainable employment initiatives
supported with the funds appropriated, including the location of
the initiatives.
(b) Number of individuals participating in the program
supported with the funds appropriated.
(c) A listing of performance measures the department uses to
measure program effectiveness.
(d) Specific outcomes related to the performance measures
developed by the department.
Sec. 1084. As a condition of receiving funds appropriated in
part 1 for Going pro, the department of talent and economic
development shall identify specific outcomes and performance
measures, including, but not limited to, all of the following:
(a) Number of job training grants awarded to employers during
the fiscal year ending September 30, 2019.
(b) Number of individuals enrolled in and completing training
during the fiscal year ending September 30, 2019.
(c) Number of new jobs and apprenticeships created during the
fiscal year ending September 30, 2019.
STATE BUILDING AUTHORITY
Sec. 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 of treasury 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. 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. 1103. The state building authority shall provide to the
JCOS and senate and house fiscal agencies 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.
REVENUE STATEMENT
Sec. 1201. 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 2018-2019
Beginning Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 191.8 9,864.8 7.3
School aid fund 97.1 15,335.6 6.1
Federal aid 0.0 20,650.0 0.0
Transportation funds 0.0 5,971.7 0.0
Special revenue funds 0.0 7,075.1 0.0
Countercyclical economic and
budget stabilization fund 889.1 33.1 922.2
TOTALS $1,178.0 $58,930.3 $935.6
House Bill No. 5578 as amended April 24, 2018
ARTICLE X
DEPARTMENT OF HEALTH AND HUMAN SERVICES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of health
and human services for the fiscal year ending September 30, 2019,
from the following funds:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions....... 15,612.7
Average population.............................. 770.0
GROSS APPROPRIATION ....... $ [25,137,624,300]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,813,700
AJUSTED GROSS APPROPRIATION $ [25,123,810,600]
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 552,359,500
Capped federal revenues................................ 592,047,600
Total other federal revenues........................... 16,737,130,700
Special revenue funds:
Total local revenues................................... 123,112,900
Total private revenues................................. 148,409,900
Michigan merit award trust fund........................ 52,268,700
Total other state restricted revenues.................. 2,409,579,500
House Bill No. 5578 as amended April 24, 2018
State general fund/general purpose.................... $ [4,508,901,800]
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 797.6
Unclassified salaries--6.0 FTE positions............... $ 1,176,100
Administrative hearings officers....................... 11,340,000
Demonstration projects--7.0 FTE positions.............. 7,358,400
Departmental administration and management--603.6 FTE
positions............................................ 113,659,000
Developmental disabilities council and projects--10.0
FTE positions........................................ 3,090,000
Office of inspector general--177.0 FTE positions....... 22,204,500
Property management.................................... 65,966,100
Terminal leave payments................................ 7,250,000
Worker's compensation.................................. 7,523,100
GROSS APPROPRIATION.................................... $ 239,567,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 1,943,300
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 23,489,700
Capped federal revenues................................ 20,421,100
Total other federal revenues........................... 90,125,000
Special revenue funds:
Total local revenues................................... 86,000
Total private revenues................................. 3,843,200
Total other state restricted revenues.................. 851,400
State general fund/general purpose..................... $ 98,807,500
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 185.7
Child support enforcement operations--179.7 FTE
positions............................................ $ 22,940,500
Child support incentive payments....................... 24,409,600
Legal support contracts................................ 113,607,100
State disbursement unit--6.0 FTE positions............. 8,127,500
GROSS APPROPRIATION.................................... $ 169,084,700
Appropriated from:
Federal revenues:
Capped federal revenues................................ 1,735,000
Total other federal revenues........................... 143,074,600
State general fund/general purpose..................... $ 24,275,100
Sec. 104. COMMUNITY SERVICES AND OUTREACH
Full-time equated classified positions........... 75.6
Bureau of community services and outreach--20.0 FTE
positions............................................ $ 2,571,400
Child advocacy centers--0.5 FTE position............... 1,407,000
Community services and outreach administration--11.0
FTE positions........................................ 1,492,000
Community services block grant......................... 25,840,000
Crime victim grants administration services--13.0 FTE
positions............................................ 2,206,500
Crime victim justice assistance grants................. 59,279,300
Crime victim rights services grants.................... 18,870,000
House Bill No. 5578 as amended April 24, 2018
Domestic violence prevention and treatment--15.6 FTE
positions............................................ 16,010,100
Homeless programs...................................... 20,642,700
Housing and support services........................... 13,031,000
[ ]
Michigan community service commission--15.0 FTE
positions............................................ 11,650,300
Rape prevention and services--0.5 FTE position......... 5,097,300
School success partnership program..................... 525,000
Uniform statewide sexual assault evidence kit tracking
system............................................... 800,000
Weatherization assistance.............................. 16,340,000
GROSS APPROPRIATION.................................... $ [195,762,600]
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 13,189,800
Capped federal revenues................................ 67,894,400
Total other federal revenues........................... 75,852,300
Special revenue funds:
Private - collections.................................. 44,100
Compulsive gambling prevention fund.................... 1,040,500
Sexual assault victims' prevention and treatment fund.. 3,000,000
Child advocacy centers fund............................ 1,407,000
Crime victim's rights fund............................. 15,356,600
Sexual assault evidence tracking fund.................. 800,000
State general fund/general purpose..................... [17,177,900]
Sec. 105. CHILDREN'S SERVICES AGENCY - CHILD
WELFARE
Full-time equated classified positions........ 3,844.2
Adoption subsidies..................................... $ 204,711,800
Adoption support services--10.0 FTE positions.......... 27,417,100
Attorney general contract.............................. 4,455,800
Child abuse and neglect - children's justice act--1.0
FTE position......................................... 624,700
Child care fund........................................ 194,562,300
Child protection....................................... 800,300
Child welfare administration travel.................... 375,000
Child welfare field staff - caseload compliance--
2,461.0 FTE positions................................ 234,317,000
Child welfare field staff - noncaseload compliance--
330.0 FTE positions.................................. 35,199,800
Child welfare first line supervisors--578.0 FTE
positions............................................ 74,179,200
Child welfare institute--45.0 FTE positions............ 8,328,600
Child welfare licensing--59.0 FTE positions............ 7,025,400
Child welfare medical/psychiatric evaluations.......... 10,435,500
Children's services administration--172.2 FTE
positions............................................ 20,430,800
Children's trust fund--12.0 FTE positions.............. 4,345,200
Contractual services, supplies, and materials.......... 9,300,000
Education planners--15.0 FTE positions................. 1,558,600
Family preservation and prevention services
administration--9.0 FTE positions.................... 1,322,100
Family preservation programs--13.0 FTE positions....... 38,900,900
Family support subsidy................................. 15,236,100
Foster care payments................................... 234,843,400
Guardianship assistance program........................ 12,675,500
Interstate compact..................................... 179,600
Peer coaches--45.5 FTE positions....................... 5,838,600
Performance-based funding implementation--3.0 FTE
positions............................................ 1,450,200
Permanency resource managers--28.0 FTE positions....... 3,254,600
Prosecuting attorney contracts......................... 3,879,500
Second line supervisors and technical staff--54.0 FTE
positions............................................ 9,078,000
Settlement monitor..................................... 1,885,800
Strong families/safe children.......................... 12,350,100
Title IV-E compliance and accountability office--4.0
FTE positions........................................ 432,200
Youth in transition--4.5 FTE positions................. 15,787,300
GROSS APPROPRIATION.................................... $ 1,195,181,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 90,300
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 352,753,000
Capped federal revenues................................ 108,403,600
Total other federal revenues........................... 256,456,400
Special revenue funds:
Private - collections.................................. 1,770,700
Local funds - county chargeback........................ 18,728,400
Children's trust fund.................................. 2,895,300
State general fund/general purpose..................... $ 454,083,300
Sec. 106. CHILDREN'S SERVICES AGENCY - JUVENILE
JUSTICE
Full-time equated classified positions.......... 120.5
Bay Pines Center--47.0 FTE positions................... $ 5,623,600
Committee on juvenile justice administration--2.5 FTE
positions............................................ 354,500
Committee on juvenile justice grants................... 3,000,000
Community support services--3.0 FTE positions.......... 2,122,700
County juvenile officers............................... 3,904,300
Juvenile justice, administration and maintenance--21.0
FTE positions........................................ 3,790,000
Juvenile justice data sharing project.................. 100
Shawono Center--47.0 FTE positions..................... 5,651,700
W.J. Maxey Training School............................. 250,000
GROSS APPROPRIATION.................................... $ 24,696,900
Appropriated from:
Federal revenues:
Capped federal revenues................................ 8,411,800
Special revenue funds:
Local funds - state share education funds.............. 1,355,700
Local funds - county chargeback........................ 5,117,400
State general fund/general purpose..................... $ 9,812,000
Sec. 107. PUBLIC ASSISTANCE
Full-time equated classified positions............ 8.0
Emergency services local office allocations............ $ 9,357,500
Family independence program............................ 80,150,000
Food assistance program benefits....................... 1,931,717,000
Food Bank Council of Michigan.......................... 2,045,000
Indigent burial........................................ 4,375,000
Low-income home energy assistance program.............. 174,951,600
Michigan energy assistance program--1.0 FTE position... 50,000,000
Multicultural integration funding...................... 15,303,800
Refugee assistance program--7.0 FTE positions.......... 28,011,500
State disability assistance payments................... 8,739,900
State supplementation.................................. 60,353,200
State supplementation administration................... 1,904,900
GROSS APPROPRIATION.................................... $ 2,366,909,400
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 68,943,400
Capped federal revenues................................ 203,147,600
Total other federal revenues........................... 1,927,517,000
Special revenue funds:
Child support collections.............................. 11,081,900
Supplemental security income recoveries................ 4,142,700
Public assistance recoupment revenue................... 5,000,000
Low-income energy assistance fund...................... 50,000,000
State general fund/general purpose..................... $ 97,076,800
Sec. 108. FIELD OPERATIONS AND SUPPORT SERVICES
Full-time equated classified positions........ 6,337.5
Administrative support workers--221.0 FTE positions.... $ 13,110,500
Adult services field staff--520.0 FTE positions........ 57,183,700
Contractual services, supplies, and materials.......... 16,731,400
Donated funds positions--238.0 FTE positions........... 27,273,300
Elder Law of Michigan MiCAFE contract.................. 350,000
Electronic benefit transfer (EBT)...................... 8,509,000
Employment and training support services............... 4,219,100
Field policy and administration--63.0 FTE positions.... 10,900,900
Field staff travel..................................... 8,103,900
Independent living..................................... 12,031,600
Medical/psychiatric evaluations........................ 1,420,100
Michigan rehabilitation services--526.0 FTE positions.. 129,881,000
Nutrition education--2.0 FTE positions................. 33,047,400
Public assistance field staff--4,747.5 FTE positions... 491,734,700
Training and program support--20.0 FTE positions....... 2,472,200
Volunteer services and reimbursement................... 942,400
GROSS APPROPRIATION.................................... $ 817,911,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 119,700
IDG from department of education....................... 7,851,700
IDG from department of licensing and regulatory
affairs.............................................. 38,300
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 68,288,200
Capped federal revenues................................ 158,672,500
Federal supplemental security income................... 8,588,600
Total other federal revenues........................... 262,664,700
Special revenue funds:
Local funds - donated funds............................ 4,071,400
Local vocational rehabilitation match.................. 5,300,000
Private funds - donated funds.......................... 9,285,700
Private funds - gifts, bequests, and donations......... 531,500
Rehabilitation service fees............................ 150,000
State general fund/general purpose..................... $ 292,348,900
Sec. 109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 587.4
Disability determination operations--583.3 FTE
positions............................................ $ 113,054,600
Retirement disability determination--4.1 FTE positions. 616,500
GROSS APPROPRIATION.................................... $ 113,671,100
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB - office of retirement services.......... 793,600
Federal revenues:
Total other federal revenues........................... 108,563,700
State general fund/general purpose..................... $ 4,313,800
Sec. 110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION
AND SPECIAL PROJECTS
Full-time equated classified positions.......... 102.0
Behavioral health program administration--80.0 FTE
positions............................................ $ 47,989,300
Federal and other special projects..................... 2,535,600
Gambling addiction--1.0 FTE position................... 3,009,200
Office of recipient rights--21.0 FTE positions......... 2,763,000
Protection and advocacy services support............... 194,400
GROSS APPROPRIATION.................................... $ 56,491,500
Appropriated from:
Federal revenues:
Total other federal revenues........................... 31,049,200
Special revenue funds:
Total private revenues................................. 1,004,700
Total other state restricted revenues.................. 3,009,200
State general fund/general purpose..................... $ 21,428,400
Sec. 111. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions............ 9.5
Autism services........................................ $ 159,873,100
Children with serious emotional disturbance waiver..... 10,000,000
Children's waiver home care program.................... 20,241,100
Civil service charges.................................. 399,300
Community mental health non-Medicaid services.......... 125,578,200
Community substance use disorder prevention,
education, and treatment............................. 76,956,200
Court-appointed guardian and conservator
reimbursements....................................... 2,490,000
Federal mental health block grant--2.5 FTE positions... 17,465,400
Health homes........................................... 3,369,000
Healthy Michigan plan - behavioral health.............. 292,962,900
Medicaid mental health services........................ 2,364,039,500
Medicaid substance use disorder services............... 68,441,000
Nursing home PAS/ARR-OBRA--7.0 FTE positions........... 12,282,200
State disability assistance program substance use
disorder services.................................... 2,018,800
GROSS APPROPRIATION.................................... $ 3,156,116,700
Appropriated from:
Federal revenues:
Total other federal revenues........................... 2,066,679,900
Special revenue funds:
Total local revenues................................... 25,475,800
Total other state restricted revenues.................. 24,212,100
State general fund/general purpose..................... $ 1,039,748,900
Sec. 112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC
MENTAL HEALTH SERVICES
Total average population........................ 770.0
Full-time equated classified positions........ 2,290.6
Caro Regional Mental Health Center - psychiatric
hospital - adult--474.3 FTE positions................ $ 53,491,300
Average population.............................. 145.0
Center for forensic psychiatry--601.1 FTE positions.... 94,729,400
Average population.............................. 240.0
Gifts and bequests for patient living and treatment
environment.......................................... 1,000,000
Hawthorn Center - psychiatric hospital - children and
adolescents--276.0 FTE positions..................... 32,179,800
Average population............................... 55.0
IDEA, federal special education........................ 120,000
Kalamazoo Psychiatric Hospital - adult--533.8 FTE
positions............................................ 69,457,400
Average population.............................. 170.0
Purchase of medical services for residents of
hospitals and centers................................ 445,600
Revenue recapture...................................... 750,000
Special maintenance.................................... 924,600
Walter P. Reuther Psychiatric Hospital - adult--405.4
FTE positions........................................ 57,673,400
Average population.............................. 160.0
GROSS APPROPRIATION.................................... $ 310,771,500
Appropriated from:
Federal revenues:
Total other federal revenues........................... 40,231,600
Special revenue funds:
Total local revenues................................... 23,029,900
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 14,937,000
State general fund/general purpose..................... $ 231,573,000
Sec. 113. HEALTH POLICY
Full-time equated classified positions........... 50.9
Certificate of need program administration--11.8 FTE
positions............................................ $ 2,741,600
Health policy administration--33.9 FTE positions....... 14,391,600
Human trafficking intervention services................ 200,000
Michigan essential health provider..................... 3,591,300
Minority health grants and contracts................... 612,700
Nurse education and research program--3.0 FTE
positions............................................ 791,300
Primary care services--1.2 FTE positions............... 5,244,200
Rural health services--1.0 FTE position................ 1,555,500
GROSS APPROPRIATION.................................... $ 29,128,200
Appropriated from:
Interdepartmental grant revenues:
IDG from the department of education................... 2,400
IDG from the department of licensing and regulatory
affairs.............................................. 791,300
IDG from the department of treasury, Michigan state
hospital finance authority........................... 117,700
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 190,900
Capped federal revenues................................ 63,400
Total other federal revenues........................... 15,608,100
Special revenue funds:
Total private revenues................................. 865,000
Total other state restricted revenues.................. 2,737,500
State general fund/general purpose..................... $ 8,751,900
Sec. 114. LABORATORY SERVICES
Full-time equated classified positions.......... 100.0
Laboratory services--100.0 FTE positions............... $ 23,580,200
GROSS APPROPRIATION.................................... $ 23,580,200
Appropriated from:
Interdepartmental grant revenues:
IDG from the department of environmental quality....... 998,400
Federal revenues:
Total other federal revenues........................... 3,838,600
Special revenue funds:
Total other state restricted revenues.................. 10,799,700
State general fund/general purpose..................... $ 7,943,500
Sec. 115. DISEASE CONTROL, PREVENTION, AND
EPIDEMIOLOGY
Full-time equated classified positions.......... 137.9
Childhood lead program--4.5 FTE positions.............. $ 2,055,300
Epidemiology administration--75.1 FTE positions........ 21,179,800
Healthy homes program--12.0 FTE positions.............. 27,754,200
Immunization program--12.8 FTE positions............... 16,838,100
Newborn screening follow-up and treatment services--
10.5 FTE positions................................... 7,535,600
PFAS and environmental contamination response--23.0
FTE positions........................................ 8,025,300
GROSS APPROPRIATION.................................... $ 83,388,300
Appropriated from:
Federal revenues:
Total other federal revenues........................... 53,784,300
Special revenue funds:
Total private revenues................................. 342,700
Total other state restricted revenues.................. 9,721,500
State general fund/general purpose..................... $ 19,539,800
Sec. 116. LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Full-time equated classified positions.......... 230.2
AIDS prevention, testing, and care programs--37.7 FTE
positions............................................ $ 70,682,000
Cancer prevention and control program--15.0 FTE
positions............................................ 15,101,500
Chronic disease control and health promotion
administration--23.4 FTE positions................... 8,506,800
Dental programs--3.8 FTE positions..................... 2,209,100
Diabetes and kidney program--8.0 FTE positions......... 3,062,400
Essential local public health services................. 40,886,100
Health and wellness initiatives--11.7 FTE positions.... 9,047,600
Implementation of 1993 PA 133, MCL 333.17015........... 20,000
Local health services--3.3 FTE positions............... 6,707,500
Medicaid outreach cost reimbursement to local health
departments.......................................... 12,500,000
Public health administration--9.0 FTE positions........ 1,968,800
Sexually transmitted disease control program--20.0 FTE
positions............................................ 6,333,400
Smoking prevention program--12.0 FTE positions......... 2,168,600
Violence prevention--4.9 FTE positions................. 3,310,400
Vital records and health statistics--81.4 FTE
positions............................................ 10,167,700
GROSS APPROPRIATION.................................... $ 192,671,900
Appropriated from:
Federal revenues:
Capped federal revenues................................ 81,100
Total other federal revenues........................... 80,208,700
Special revenue funds:
Total local revenues................................... 5,150,000
Total private revenues................................. 39,282,400
Total other state restricted revenues.................. 18,478,000
State general fund/general purpose..................... $ 49,471,700
Sec. 117. FAMILY, MATERNAL, AND CHILD HEALTH
Full-time equated classified positions.......... 112.3
Family, maternal, and child health administration--
53.3 FTE positions................................... $ 9,221,700
Family planning local agreements....................... 8,310,700
Local MCH services..................................... 7,018,100
Pregnancy prevention program........................... 602,100
Prenatal care outreach and service delivery support--
14.0 FTE positions................................... 19,597,000
Special projects....................................... 6,289,100
Sudden and unexpected infant death and suffocation
prevention program................................... 321,300
Women, infants, and children program administration
and special projects--45.0 FTE positions............. 18,125,400
Women, infants, and children program local agreements
and food costs....................................... 256,285,000
GROSS APPROPRIATION.................................... $ 325,770,400
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 650,000
Total other federal revenues........................... 253,070,500
Special revenue funds:
Total local revenues................................... 75,000
Total private revenues................................. 61,702,400
State general fund/general purpose..................... $ 10,272,500
Sec. 118. EMERGENCY MEDICAL SERVICES, TRAUMA, AND
PREPAREDNESS
Full-time equated classified positions........... 76.0
Bioterrorism preparedness--53.0 FTE positions.......... $ 30,491,300
Emergency medical services program--23.0 FTE positions. 6,559,200
GROSS APPROPRIATION.................................... $ 37,050,500
Appropriated from:
Federal revenues:
Total other federal revenues........................... 31,435,300
Special revenue funds:
Total other state restricted revenues.................. 4,004,900
State general fund/general purpose..................... $ 1,610,300
Sec. 119. CHILDREN'S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions........... 46.8
Bequests for care and services--2.8 FTE positions...... $ 1,837,800
Children's special health care services
administration--44.0 FTE positions................... 6,101,400
Medical care and treatment............................. 220,640,800
Nonemergency medical transportation.................... 905,900
Outreach and advocacy.................................. 5,510,000
GROSS APPROPRIATION.................................... $ 234,995,900
Appropriated from:
Federal revenues:
Total other federal revenues........................... 126,143,700
Special revenue funds:
Total private revenues................................. 1,016,200
Total other state restricted revenues.................. 3,682,900
State general fund/general purpose..................... $ 104,153,100
Sec. 120. AGING AND ADULT SERVICES AGENCY
Full-time equated classified positions........... 47.0
Aging and adult services administration--47.0 FTE
positions............................................ $ 8,828,300
Community services..................................... 43,567,400
Employment assistance.................................. 3,500,000
Nutrition services..................................... 42,254,200
Respite care program................................... 6,468,700
Senior volunteer service programs...................... 4,765,300
GROSS APPROPRIATION.................................... $ 109,383,900
Appropriated from:
Federal revenues:
Capped federal revenues................................ 371,500
Total other federal revenues........................... 59,094,200
Special revenue funds:
Total private revenues................................. 520,000
Michigan merit award trust fund........................ 4,068,700
Total other state restricted revenues.................. 2,000,000
State general fund/general purpose..................... $ 43,329,500
Sec. 121. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.......... 453.0
Electronic health record incentive program--23.0 FTE
positions............................................ $ 96,087,400
Healthy Michigan plan administration--30.0 FTE
positions............................................ 47,578,400
Medical services administration--357.0 FTE positions... 82,369,800
Technology supporting integrated service--43.0 FTE
positions............................................ 52,299,500
GROSS APPROPRIATION.................................... $ 278,335,100
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 749,600
Capped federal revenues................................ 910,700
Total other federal revenues........................... 233,830,500
Special revenue funds:
Total local revenues................................... 37,700
Total private revenues................................. 101,300
Total other state restricted revenues.................. 336,300
State general fund/general purpose..................... $ 42,369,000
Sec. 122. MEDICAL SERVICES
Adult home help services............................... $ 318,424,000
Ambulance services..................................... 20,922,500
Auxiliary medical services............................. 6,139,600
Dental clinic program.................................. 1,000,000
Dental services........................................ 307,869,400
Federal Medicare pharmaceutical program................ 286,072,800
Health plan services................................... 5,029,343,700
Healthy Michigan plan.................................. 3,825,430,000
Home health services................................... 5,498,000
Hospice services....................................... 110,207,800
Hospital disproportionate share payments............... 45,000,000
Hospital services and therapy.......................... 749,940,600
Integrated care organizations.......................... 201,080,800
Long-term care services................................ 1,813,423,300
Maternal and child health.............................. 26,279,500
Medicaid home- and community-based services waiver..... 355,062,600
Medicare premium payments.............................. 601,305,100
Personal care services................................. 9,678,800
Pharmaceutical services................................ 322,846,400
Physician services..................................... 263,526,100
Program of all-inclusive care for the elderly.......... 149,774,500
School-based services.................................. 109,937,200
Special Medicaid reimbursement......................... 309,532,500
Transportation......................................... 19,683,700
GROSS APPROPRIATION.................................... $ 14,887,978,900
Appropriated from:
Federal revenues:
Total other federal revenues........................... 10,739,100,300
Special revenue funds:
Total local revenues................................... 34,685,600
Total private revenues................................. 2,100,000
Michigan merit award trust fund........................ 48,200,000
Total other state restricted revenues.................. 2,217,935,100
State general fund/general purpose..................... $ 1,845,957,900
Sec. 123. INFORMATION TECHNOLOGY
Child support automation............................... $ 44,425,600
Information technology services and projects........... 157,656,000
Michigan Medicaid information system................... 75,634,400
GROSS APPROPRIATION.................................... $ 277,716,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 1,067,000
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 24,104,900
Capped federal revenues................................ 21,934,900
Total other federal revenues........................... 130,213,500
Special revenue funds:
Total private revenues................................. 25,000,000
Total other state restricted revenues.................. 1,999,800
State general fund/general purpose..................... $ 73,395,900
Sec. 124. ONE-TIME APPROPRIATIONS
Autism navigator....................................... $ 1,025,000
Child lead poisoning elimination board................. 625,000
Dental clinic program.................................. 1,000,000
Drinking water declaration of emergency................ 1,680,100
Employment first....................................... 500,000
Michigan medical resident loan repayment program....... 5,000,000
Multicultural integration.............................. 1,381,100
University autism programs............................. 250,000
GROSS APPROPRIATION.................................... $ 11,461,200
Appropriated from:
Special revenue funds:
House Bill No. 5578 as amended April 24, 2018
Total other state restricted revenues.................. 100
State general fund/general purpose..................... $ 11,461,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is [$6,970,750,000.00] and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $1,459,338,700.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
COMMUNITY SERVICES AND OUTREACH
Crime victim rights services grants.................... $ 9,474,800
Housing and support services........................... 550,700
CHILDREN'S SERVICES AGENCY - CHILD WELFARE
Child care fund........................................ $ 158,787,200
PUBLIC ASSISTANCE
Family independence program............................ $ 4,200
Multicultural integration funding...................... 1,193,300
State disability assistance payments................... 621,300
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS
Behavioral health program administration............... $ 2,388,700
BEHAVIORAL HEALTH SERVICES
Autism services........................................ $ 55,546,900
Children with serious emotional disturbance waiver..... 3,555,000
Children's waiver home care program.................... 7,195,700
Community mental health non-Medicaid services.......... 125,578,200
Community substance use disorder prevention,
education, and treatment............................ 16,208,500
Court-appointed guardian and conservator
reimbursements...................................... 2,490,000
Health homes........................................... 70,700
Healthy Michigan plan - behavioral health.............. 19,775,100
Medicaid mental health services........................ 803,544,200
Medicaid substance use disorder services............... 23,988,800
Nursing home PAS/ARR-OBRA.............................. 3,070,500
State disability assistance program substance use
disorder services................................... 2,018,400
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL
HEALTH SERVICES
Caro Regional Mental Health Center - psychiatric
hospital - adult.................................... $ 1,200
Center for forensic psychiatry......................... 1,400
HEALTH POLICY
Primary care services.................................. $ 88,900
DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY
Childhood lead program................................. $ 72,700
Epidemiology administration............................ 291,400
Healthy homes program.................................. 10,000
Immunization program................................... 1,138,900
LOCAL HEALTH AND ADMINISTRATIVE SERVICES
AIDS prevention, testing, and care programs............ $ 2,038,400
Cancer prevention and control program.................. 121,400
Essential local public health services................. 35,736,100
Health and wellness initiatives........................ 2,363,300
Local health services.................................. 4,500,000
Public health administration........................... 19,800
Sexually transmitted disease control program........... 438,400
FAMILY, MATERNAL, AND CHILD HEALTH
Family planning local agreements....................... $ 225,400
Prenatal care outreach and service delivery support.... 3,941,500
EMERGENCY MEDICAL SERVICES, TRAUMA, AND PREPAREDNESS
Emergency medical services program..................... $ 71,000
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Medical care and treatment............................. $ 797,200
Outreach and advocacy.................................. 2,598,100
AGING AND ADULT SERVICES AGENCY
Aging and adult services administration................ $ 594,100
Community services..................................... 19,226,700
Nutrition services..................................... 11,086,900
Respite care program................................... 5,224,500
Senior volunteer service programs...................... 946,300
MEDICAL SERVICES ADMINISTRATION
Medical services administration........................ $ 282,000
MEDICAL SERVICES
Adult home help services............................... $ 486,300
Ambulance services..................................... 475,900
Auxiliary medical services............................. 1,300
Dental services........................................ 1,265,400
Healthy Michigan plan.................................. 4,353,000
Home health services................................... 8,200
Hospice services....................................... 38,100
Hospital services and therapy.......................... 1,313,400
Long-term care services................................ 104,351,600
Medicaid home- and community-based services waiver..... 10,995,100
Personal care services................................. 23,800
Pharmaceutical services................................ 20,300
Physician services..................................... 4,690,100
Special Medicaid reimbursement......................... 5,415,200
Transportation......................................... 23,200
TOTAL OF PAYMENTS TO LOCAL UNITS OF GOVERNMENT......... $ 1,459,338,700
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "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) "Current fiscal year" means the fiscal year ending
September 30, 2019.
(e) "Department" means the department of health and human
services.
(f) "Director" means the director of the department.
(g) "DSH" means disproportionate share hospital.
(h) "EPSDT" means early and periodic screening, diagnosis, and
treatment.
(i) "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.
(j) "FTE" means full-time equated.
(k) "GME" means graduate medical education.
(l) "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.
(m) "HEDIS" means healthcare effectiveness data and
information set.
(n) "HMO" means health maintenance organization.
(o) "IDEA" means the individuals with disabilities education
act, 20 USC 1400 to 1482.
(p) "IDG" means interdepartmental grant.
(q) "MCH" means maternal and child health.
(r) "Medicaid" means subchapter XIX of the social security
act, 42 USC 1396 to 1396w-5.
(s) "Medicare" means subchapter XVIII of the social security
act, 42 USC 1395 to 1395lll.
(t) "MiCAFE" means Michigan's coordinated access to food for
the elderly.
(u) "MIChild" means the program described in section 1670 of
this part.
(v) "MiSACWIS" means Michigan statewide automated child
welfare information system.
(w) "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.
(x) "PFAS" means perfluoroalkyl and polyfluoroalkyl
substances.
(y) "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.
(z) "Previous fiscal year" means the fiscal year ending
September 30, 2018.
(aa) "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.
(bb) "SSI" means supplemental security income.
(cc) "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.
(dd) "Title IV-B" means part B of title IV of the social
security act, 42 USC 620 to 629m.
(ee) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 669b.
(ff) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 679c.
(gg) "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. 204. Unless otherwise specified, the departments and
agencies receiving appropriations in part 1 shall use the internet
to fulfill the reporting requirements of this part and part 1. This
requirement shall include transmission of reports via electronic
mail to the recipients identified for each reporting requirement,
and it shall include placement of reports on the internet.
Sec. 205. 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. 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. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans if they are competitively
priced and of comparable quality.
Sec. 206. The 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.
Each 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. 207. 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. 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. 209. Not later than November 30, 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. 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 part 1 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 $45,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget 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. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees chairs on
the department budget, 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 previous fiscal year and the current fiscal
year.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the current fiscal year are
estimated at $365,234,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$168,379,300.00. Total agency appropriations for retiree health
care legacy costs are estimated at $196,855,200.00.
Sec. 215. If either of the following events occur, within 30
days the department shall notify the state budget director, the
chairs of the house and senate appropriations subcommittees on the
department budget, and the house and senate fiscal agencies and
policy offices of that fact:
(a) A legislative objective of this part or of a bill or
amendment to a bill to amend the social welfare act, 1939 PA 280,
MCL 400.1 to 400.119b, cannot be implemented because implementation
would conflict with or violate federal regulations.
(b) A federal grant, for which a notice of an award has been
received, cannot be used, or will not be used.
Sec. 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. 217. (1) 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.
(2) Upon the release of the next fiscal year executive budget
recommendation, the department shall report to the same parties in
subsection (1) on the amounts and detailed sources of federal,
restricted, private, and local revenue proposed to support the
total funds appropriated in each of the line items in part 1 of the
next fiscal year executive budget proposal.
Sec. 218. The department shall include, but not be limited to,
the following in its annual list of proposed basic health services
as required in part 23 of the public health code, 1978 PA 368, MCL
333.2301 to 333.2321:
(a) Immunizations.
(b) Communicable disease control.
(c) Sexually transmitted disease control.
(d) Tuberculosis control.
(e) Prevention of gonorrhea eye infection in newborns.
(f) Screening newborns for the conditions listed in section
5431 of the public health code, 1978 PA 368, MCL 333.5431, or
recommended by the newborn screening quality assurance advisory
committee created under section 5430 of the public health code,
1978 PA 368, MCL 333.5430.
(g) Health and human services annex of the Michigan emergency
management plan.
(h) Prenatal care.
Sec. 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. 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. 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. 222. (1) The department shall make the entire policy and
procedures manual available and accessible to the public via the
department website.
(2) The department shall report by April 1 of the current
fiscal year on each specific policy change made to implement a
public act affecting the department that took effect during the
prior calendar year to the house and senate appropriations
subcommittees on the budget for the department, the joint committee
on administrative rules, the senate and house fiscal agencies, and
policy offices. The department shall attach each policy bulletin
issued during the prior calendar year to this report.
Sec. 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. 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. 225. (1) Sanctions, suspensions, conditions for
provisional license status, and other penalties shall not be more
stringent for private service providers than for public entities
performing equivalent or similar services.
(2) Neither the department nor private service providers or
licensees shall be granted preferential treatment or considered
automatically to be in compliance with administrative rules based
on whether they have collective bargaining agreements with direct
care workers. Private service providers or licensees without
collective bargaining agreements shall not be subjected to
additional requirements or conditions of licensure based on their
lack of collective bargaining agreements.
Sec. 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. 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. 228. If a quality assurance assessment payment that the
department has the legal right to collect and that resulted from an
overpayment by the department to a provider, excluding those caused
by department error, is not received by the required due date, the
department may assess a penalty of 1% per month until the
overpayment is paid back in full. The penalty shall be calculated
each month on the unpaid balance of the overpayment as of the first
day of the month. This section does not apply to overpayments for
which the department has other legal authority to assess a penalty.
The state share of any funds collected under this section shall be
deposited in the state general fund.
Sec. 229. (1) The department shall extend the interagency
agreement with the Michigan talent investment agency for the
duration of the current fiscal year, which concerns TANF funding to
provide job readiness and welfare-to-work programming. The
interagency agreement shall include specific outcome and
performance reporting requirements as described in this section.
TANF funding provided to the Michigan talent investment agency in
the current fiscal year is contingent on compliance with the data
and reporting requirements described in this section. The
interagency agreement must require the Michigan talent investment
agency to provide all of the following items by January 1 of the
current fiscal year for the previous fiscal year to the senate and
house appropriations subcommittees on the department budget and the
state budget office:
(a) An itemized spending report on TANF funding, including all
of the following:
(i) Direct services to recipients.
(ii) Administrative expenditures.
(b) The number of family independence program (FIP) recipients
served through the TANF funding, including all of the following:
(i) The number and percentage who obtained employment through
Michigan Works!
(ii) The number and percentage who fulfilled their TANF work
requirement through other job readiness programming.
(iii) Average TANF spending per recipient.
(iv) The number and percentage of recipients who were referred
to Michigan Works! but did not receive a job or job readiness
placement and the reasons why.
(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 an
annual report on the following matters itemized by Michigan Works!
agency: the number of referrals to Michigan Works! job readiness
programs, the number of referrals to Michigan Works! job readiness
programs who became a participant in the Michigan Works! job
readiness programs, the number of participants who obtained
employment, and the cost per participant case.
Sec. 231. From the funds appropriated in part 1 for travel
reimbursements to employees, the department shall allocate up to
$100,000.00 toward reimbursing counties for the out-of-pocket
travel costs of the local county department board members and
county department directors to attend 1 meeting per year of the
Michigan County Social Services Association.
Sec. 232. (1) The department shall provide the approved
spending plan for each line item receiving an appropriation in the
current fiscal year to the senate and house appropriations
subcommittees on the department budget and the senate and house
fiscal agencies within 60 days of approval by the department but
not later than January 15 of the current fiscal year. The spending
plan shall include the following information regarding planned
expenditures for each category: allocation in the previous period,
change in the allocation, and new allocation. The spending plan
shall include the following information regarding each revenue
source for the line item: category of the fund source indicated by
general fund/general purpose, state restricted, local, private or
federal. Figures included in the approved spending plan shall not
be assumed to constitute the actual final expenditures, as line
items may be updated on an as-needed basis to reflect changes in
projected expenditures and projected revenue. The department shall
supplement the spending plan information by providing a list of all
active contracts and grants in the department's contract systems.
(2) Notwithstanding any other appropriation authority granted
in part 1, the department shall not appropriate any additional
general fund/general purpose funds or any related federal and state
restricted funds without providing a written 30-day notice to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices.
Sec. 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. 263. (1) Except as otherwise provided in this subsection,
before submission of a waiver, a state plan amendment, or a similar
proposal to CMS or other federal agency, 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 biannual reports 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 or the United States Department of Health and Human
Services or other federal agency 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 biannual
report is due, there are no reportable items, then no report is
required to be provided.
Sec. 264. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 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 pursuant to
section 106(4) 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. 274. (1) The department, in collaboration with the state
budget office, 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 1 week after the
day the governor submits to the legislature the budget for the
ensuing fiscal year a report on spending and revenue projections
for each of the capped federal funds listed below. The report shall
contain actual spending and revenue in the previous fiscal year,
spending and revenue projections for the current fiscal year as
enacted, and spending and revenue projections within the executive
budget proposal for the fiscal year beginning October 1, 2019 for
each individual line item for the department budget. The report
shall also include federal funds transferred to other departments.
The capped federal funds shall include, but not be limited to, all
of the following:
(a) TANF.
(b) Title XX social services block grant.
(c) Title IV-B part I child welfare services block grant.
(d) Title IV-B part II promoting safe and stable families
funds.
(e) Low-income home energy assistance program.
(2) It is the intent of the legislature that the department,
in collaboration with the state budget office, not utilize capped
federal funding for economics adjustments for FTEs or other
economics costs that are included as part of the budget submitted
to the legislature by the governor for the ensuing fiscal year,
unless there is a reasonable expectation for increased federal
funding to be available to the department from that capped revenue
source in the ensuing fiscal year.
Sec. 275. (1) As part of the year-end closing process, 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) Not later than November 30, 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. 279. (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. 280. By March 1 of the current fiscal year, the
department shall provide a report to the house and senate
appropriations committees, 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. 288. (1) Beginning October 1 of the current fiscal year,
no less than 90% of a new department contract supported 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 providing services to individuals shall be expended for
such services after the first year of the contract.
(2) The department may allow a contract to exceed the
limitation on administrative and services 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 contracts terminated
due to violations of subsection (1).
Sec. 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. 290. Any public advertisement for public assistance shall
also inform the public of the welfare fraud hotline operated by the
department.
Sec. 295. (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
article X of 2017 PA 107 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.
Sec. 296. From the funds appropriated in part 1, the
department shall be 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 those employees in any state
or federal lawsuit or investigation related to the water system in
a city in which a declaration of emergency was issued because of
drinking water contamination.
Sec. 297. By April 1 of the current fiscal year, the
department shall report on the number of FTEs in pay status by type
of staff. The report shall include a comparison by line item of the
number of FTEs authorized from funds appropriated in part 1 to the
actual number of FTEs employed by the department at the end of the
reporting period.
Sec. 298. (1) The department shall continue to pursue the
implementation of the demonstration model as specified under
section 298(2) of article X of 2017 PA 107. The department shall
ensure that the demonstration model described in this subsection is
implemented in a manner that ensures at least all of the following:
(a) That any changes made to a Medicaid waiver or Medicaid
state plan to implement the demonstration model described in this
subsection must only be in effect for the duration of the
demonstration model described in this subsection.
(b) That the demonstration model described in this subsection
is consistent with the stated core values as identified in the
final report of the workgroup established in section 298 of article
X of 2016 PA 268.
(c) That updates are provided to the medical care advisory
council, behavioral health advisory council, and developmental
disabilities council.
(2) The department shall continue to pursue the implementation
of up to 3 pilot projects as specified under section 298(3) of
article X of 2017 PA 107. The department shall ensure that the
pilot projects described in this subsection are implemented in a
manner that ensures at least all of the following:
(a) That allows the CMHSP in the geographic area of the pilot
project to be a provider of behavioral health supports and
services.
(b) That any changes made to a Medicaid waiver or Medicaid
state plan to implement the pilot projects described in this
subsection must only be in effect for the duration of the pilot
projects described in this subsection.
(c) That the project is consistent with the stated core values
as identified in the final report of the workgroup established in
section 298 of article X of 2016 PA 268.
(d) That updates are provided to the medical care advisory
council, behavioral health advisory council, and developmental
disabilities council.
(3) The department shall ensure that the pilot projects and
demonstration model described in subsections (1) and (2) are
operational for the entire current fiscal year. Each pilot project
shall be designed to last at least 2 years.
(4) For the duration of any pilot projects and demonstration
model, the department shall require that contracts between CMHSPs
and the Medicaid health plans within their pilot region mandate
that any and all realized benefits and cost savings of integrating
the physical health and behavioral health systems shall be
reinvested in services and supports for individuals having or at
risk of having a mental illness, an intellectual or developmental
disability, or a substance use disorder. Any and all realized
benefits and cost savings shall be specifically reinvested in the
counties where the savings occurred in accordance with the Medicaid
state plan and any applicable Medicaid waiver.
(5) It is the intent of the legislature that the primary
purpose of the pilot projects and demonstration model is to test
how the state may better integrate behavioral and physical health
delivery systems in order to improve behavioral and physical health
outcomes, maximize efficiencies, minimize unnecessary costs, and
achieve material increases in behavioral health services without
increases in overall Medicaid spending.
(6) The department shall continue to partner with 1 of the
state's research universities to evaluate any pilot project and
demonstration model that is authorized under this section. The
evaluation shall comply with all of the following:
(a) Include information on the pilot project's or
demonstration model's success in meeting the performance metrics
developed in this subsection and information on whether the pilot
project could be replicated into other geographic areas with
similar performance metric outcomes.
(b) Include the performance metrics, at a minimum, from each
of the following categories:
(i) Improvement of the coordination between behavioral health
and physical health.
(ii) Improvement of services available to individuals with
mental illness, intellectual or developmental disabilities, or
substance use disorders.
(iii) Benefits associated with full access to community-based
services and supports.
(iv) Customer health status.
(v) Customer satisfaction.
(vi) Provider network stability.
(vii) Treatment and service efficacies before and after the
pilot projects and demonstration model.
(viii) Use of best practices.
(ix) Financial efficiencies.
(x) Barriers to clinical data sharing with Medicaid health
plans.
(xi) Any other relevant categories.
(c) Be completed within 6 months of the end of the pilot
project or demonstration model and be provided to the department,
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.
(7) Upon completion of any pilot project or demonstration
model advanced under this section, the managing entity of the pilot
project or demonstration model 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 within 30 days of completion
of that pilot project or demonstration model detailing their
experience, lessons learned, efficiencies and savings revealed,
increases in investment on behavioral health services, and
recommendations for extending pilot projects to full implementation
or discontinuation.
Sec. 299. (1) No state department or agency shall issue a
request for proposal (RFP) for a contract in excess of
$5,000,000.00, unless the department or agency has first considered
issuing a request for information (RFI) or a request for
qualification (RFQ) relative to that contract to better enable the
department or agency to learn more about the market for the
products or services that are the subject of the RFP. The
department or agency shall notify the department of technology,
management, and budget of the evaluation process used to determine
if an RFI or RFQ was not necessary prior to issuing the RFP.
(2) From funds appropriated in part 1, for all RFPs issued
during the current fiscal year where an existing service received
proposals by multiple vendors, the department shall notify all
vendors within 30 days of the RFP decision. The notification to
vendors shall include details on the RFP process, including the
respective RFP scores and the respective cost for each vendor. If
the highest scored RFP or lowest cost RFP does not receive the
contract for an existing service offered by the department, the
notification shall issue an explanation for the reasons that the
highest scored RFP or lowest cost RFP did not receive the contract
and detail the incremental cost target amount or service level
required that was required to migrate the service to a new vendor.
Additionally, the department shall include in the notification
details as to why a cost or service difference is justifiable if
the highest scored or lowest cost vendor does not receive the
contract.
(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 by September 30 of the current fiscal year
a report that summarizes all RFPs during the current fiscal year
where an existing service received proposals by multiple vendors.
The report shall list all finalized RFPs where there was a
divergence from awarding the contract to the lowest cost or highest
scoring vendor. The report shall also include the cost or service
threshold required by department policy that must be satisfied in
order for an existing contract to be received by a new vendor.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 307. (1) From the funds appropriated in part 1 for
demonstration projects, $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 customer satisfaction metrics.
Sec. 316. From the funds appropriated in part 1 for terminal
leave payments, the department shall not spend in excess of its
annual gross appropriation unless it identifies and requests a
legislative transfer from another budgetary line item supporting
administrative costs, as provided by section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
CHILD SUPPORT ENFORCEMENT
Sec. 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. 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. 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. 450. (1) From the funds appropriated in part 1 for school
success partnership program, the department shall allocate
$525,000.00 by December 1 of the current fiscal year to support the
Northeast Michigan Community Service Agency programming, which will
take place in each county in the Governor's Prosperity Region 3.
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) The Northeast Michigan Community Service Agency shall
provide reports to the department on January 31 and June 30 of the
current fiscal year 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. 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. 453. From the funds appropriated in part 1 for homeless
programs, the department shall maintain emergency shelter program
per diem rates at $16.00 per bed night 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.
Sec. 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. 455. As a condition of receipt of federal TANF funds,
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 funds 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 funds under this section is not an ongoing
commitment of funding.
Sec. 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 development and implementation 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 implementation and operation 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 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
kits retrieved by law enforcement after analysis, and the physical
location of all released kits collected by health care providers in
that year, as of the date of the annual draft report for each
reporting agency.
Sec. 458. From the funds appropriated in part 1 for crime
victim rights services grants, the department shall allocate
$2,000,000.00 state general fund/general purpose to increase 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, 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.
CHILDREN'S SERVICES AGENCY - CHILD WELFARE
Sec. 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. 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.
Sec. 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 periodically review actuarially sound case rates
for necessary out-of-home child welfare services that achieve
permanency by the department and private child placing agencies in
a prospective payment system under a performance-based funding
model.
(2) The department shall continue to pilot a prospective rate
payment system for private agencies that includes funding for
adoption incentive payments. The full cost prospective rate payment
system will identify and cover contractual costs paid through the
case rate developed by an independent actuary.
(3) By March 1 of the current fiscal year, the department
shall provide to the senate and house appropriations committees on
the department budget, the senate and house fiscal agencies and
policy offices, and the state budget office a report on the full
cost analysis of the performance-based funding model. The report
shall include background information on the project and give
details about the contractual costs covered through the case rate.
(4) 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.
(5) 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.
(6) 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 for public and private child welfare
services providers. The department shall provide a quarterly report
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.
(7) 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. 504. (1) The department may continue a master agreement
with the West Michigan Partnership for Children Consortium for 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) The consortium shall operate an integrated continuum of
care structure, with services provided by private or public
agencies, based on individual case needs.
(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 status of the consortium
evaluation.
Sec. 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
for 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. 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. 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) The department and the child abuse and neglect prevention
board shall collaborate to 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.
(3) From the funds appropriated in part 1 for the children's
trust fund, $500,000.00 shall be allocated to provide additional
funding to children's trust fund designated local councils for
increased substance use disorder programs. The $500,000.00
additional allocation shall be funded by $300,000.00 children's
trust fund cash reserve balance and $200,000.00 state general
fund/general purpose. The purpose of this additional funding is to
increase the amount of services for substance use disorders that is
provided by local councils over the amount provided in the previous
fiscal year.
Sec. 511. The department shall provide semi-annual reports 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 receive timely physical and mental health examinations
after entry into foster care.
Sec. 512. (1) As required by the settlement, 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) The number of waivers of foster care licensure granted to
relative care providers.
(d) The number of waivers of foster care denied to relative
care providers.
(e) A list of the reasons from a sample of cases the
department denied granting a waiver of foster care licensure for a
relative care provider.
(f) A list of the reasons from a sample of cases where
relatives were declined foster care licensure as documented by the
department.
(2) The caseworker shall request a waiver of foster care
licensure if both of the following apply:
(a) The caseworker has fully informed the relative of the
benefits of licensure and the option of a licensure waiver.
(b) The caseworker has assessed the relative and the
relative's home using the department's initial relative safety
screen and the department's relative home assessment and has
determined that the relative's home is safe and placement there is
in the child's best interest.
Sec. 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 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 at the time of the report, 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. 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) Characteristics of perpetrators of child abuse or child
neglect and the child victims, such as age, relationship, race, and
ethnicity and whether the perpetrator exposed the child victim to
drug activity, including the manufacture of illicit drugs, that
exposed the child victim to substance abuse, a drug house, or
methamphetamine.
(iii) 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.
(iv) The number of cases that resulted in the 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.
(v) 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.
(vi) 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.
(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. 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. 520. To the extent that the data are available, 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 year for out-of-home placements by specific
placement programs for child abuse or child neglect, 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 identify
days of care for department-operated residential juvenile justice
facilities by security classification.
Sec. 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) 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 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. 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 youth in
transition and domestic violence prevention and treatment, the
department is authorized to make allocations of TANF funds only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
Sec. 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. 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. 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, not less than 30
days before the change takes effect.
Sec. 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. It is the intent of the legislature that the
burden of ensuring that these payments are made in a timely manner
and no payments are in arrears is upon the department.
Sec. 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. 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 expenditure reports to the department to identify actual
costs of providing foster care services.
Sec. 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 quarterly 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. 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 shall not be subject to any offset, chargeback,
or reimbursement liability for prior expenditures resulting from an
error in foster care fund source determinations.
Sec. 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. 552. Sixty days after a county's child care fund on-site
review is completed, the department shall provide the results of
the review to the county.
Sec. 558. By January 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 that identifies the policies, procedures, and other
relevant issues related to the modernization of the child welfare
training program.
Sec. 559. (1) From the funds appropriated in part 1 for
adoption support services, the department shall allocate up to
$250,000.00 to the Adoptive Family Support Network by December 1 of
the current fiscal year 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. 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. 564. (1) The department shall develop 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. 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. 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. 573. The department may pay providers of foster care
services a per diem daily administrative rate for every case on a
caseworker's caseload for the duration of a case from referral
acceptance to the discharge of wardship.
Sec. 574. (1) From the funds appropriated in part 1 for foster
care payments, $2,000,000.00 is allocated to support performance-
based contracts with child placing agencies to facilitate the
licensure of relative caregivers as foster parents. Agencies shall
receive $2,300.00 for each facilitated licensure if completed
within 180 days after case acceptance, or, if a waiver was
previously approved, 180 days from the referral date. If the
facilitated licensure, or approved waiver, is completed after 180
days, the agency shall receive up to $2,300.00. The agency
facilitating the licensure would retain the placement and continue
to provide case management services for the newly licensed cases
for which the placement was appropriate to the agency.
(2) 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 to accommodate foster children.
Sec. 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. 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. 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. 589. On a quarterly basis, the department shall report on
the number of all foster care cases administered by the department
and all foster care cases administered by private providers.
Sec. 593. The department may allow residential service
providers for child abuse and child neglect cases to implement a
staff ratio during working hours of 1 staff to 5 children.
Sec. 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. 595. Partial child care fund reimbursements to counties
for undisputed charges shall be made within 45 business days after
the receipt of the required forms and documentation. The department
shall notify a county within 15 business days after a disputed
reimbursement request. The department shall reimburse for corrected
charges within 45 business days after a properly corrected
submission by the county.
Sec. 596. From the funds appropriated in part 1 for youth in
transition, the department shall allocate $750,000.00 state general
fund/general purpose revenue to increase funding to support the
runaway and homeless youth services program. The purpose of the
additional funding is to increase funding to contracted providers
that provide emergency shelter and services to homeless and runaway
youth.
PUBLIC ASSISTANCE
Sec. 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. 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. 604. (1) 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. 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. 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. 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. 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. 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
not less than 30 days before any proposed reduction in the state
supplementation level.
Sec. 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. 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. 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 $800.00.
(b) The adult burial with services allowance is $725.00.
(c) The adult burial without services allowance is $490.00.
(d) The infant burial allowance is $170.00.
(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. 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. 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 an illegal alien. 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. 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. 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 numbers of supervised individuals who have
absconded from supervision and whom a law enforcement agency or the
department is actively seeking according to section 84 of the
corrections code of 1953, 1953 PA 232, MCL 791.284.
Sec. 619. (1) Subject to subsection (2), 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 single
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.
Benefits shall be provided to those individuals, if the individual
is the grantee (head of household), as follows:
(a) Family independence program benefits must be paid in the
form of restricted payments when the grantee has been convicted,
for conduct occurring after August 22, 1996, of a felony for the
use, possession, or distribution of controlled substances. A
protective payee shall be used, if possible. If a protective payee
cannot be found, vendor payments for shelter shall be used to the
extent possible.
(b) An authorized representative shall be required for food
assistance receipt. If the individual with the conviction was not
the grantee, the food assistance shall go to the grantee.
(2) Subject to federal approval, an individual is not entitled
to the exemption in this section if the individual was convicted in
2 or more separate felony acts that included the possession, use,
or distribution of a controlled substance and both acts occurred
after August 22, 1996.
Sec. 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 report on a quarterly basis 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. 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. 650. An individual who is an able-bodied adult without
dependents must be subject to the time-limited food assistance and
work requirement provisions of 7 CFR 273.24(a) to (d) regardless of
the individual's county of residence, redetermination date, or
federal waiver status effective October 1, 2018.
Sec. 653. From the funds appropriated in part 1 for food
assistance, 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. 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. 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. 660. From the funds appropriated in part 1 for Food Bank
Council of Michigan, the department is authorized to make
allocations of TANF funds only to the agencies that report
necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. The agencies that do not report
necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements will not receive allocations in
excess of those received in fiscal year 2000. The use of TANF funds
under this section is not an ongoing commitment of funding.
Sec. 669. The department shall allocate $6,270,000.00 for the
annual clothing allowance. The allowance shall be granted to all
eligible children in a family independence program group.
Sec. 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. 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
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) It shall be the policy of the department that the
department shall require an explanation from a recipient if a
bridge card is replaced more than 2 times over any 3-month period.
(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.
Sec. 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) 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 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 a quarterly report that includes 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. 686. (1) The department shall ensure that program policy
requires caseworkers to 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 require caseworkers to 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.
(4) The department shall require caseworkers to obtain an up-
to-date telephone number during the eligibility determination or
redetermination process for individuals seeking medical assistance
benefits.
Sec. 687. (1) The department shall, on a quarterly basis by
February 1, May 1, August 1, and November 1, 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) For cases that are closed in the family independence
program and the food assistance program for which the recipient
achieved employment, the department shall compile and make
available on its website the type of job category of the
employment. This information shall be reported on a semi-annual
basis by May 1 and November 1 for the state as a whole.
(4) The department shall, on a quarterly basis by February 1,
May 1, August 1, and November 1, 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 21-day assessment period for PATH.
(b) The number of new applicants who did not meet the
requirements of the 21-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 and whether the recipient gained employment.
(e) The number of first-, second-, and third-time sanctions.
(f) The number of children ages 0-5 living in FIP-sanctioned
households.
Sec. 688. From the funds appropriated in part 1 for the low-
income home energy assistance program, an additional $20.01 payment
shall be made to food assistance program cases that are not
currently eligible for the standard utility allowance to enable
these cases to receive expanded food assistance benefits through
the program commonly known as the heat and eat program.
CHILDREN'S SERVICES AGENCY - JUVENILE JUSTICE
Sec. 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. 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. 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(7) of the social
welfare act, 1939 PA 280, MCL 400.117a.
Sec. 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 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 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. 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.
FIELD OPERATIONS AND SUPPORT SERVICES
Sec. 801. (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. The funds appropriated in part 1 may be used to
leverage federal vocational rehabilitation innovation and expansion
funds consistent with 34 CFR 361.35 up to $5,543,000.00, if
available. If the possibility of matching federal funds exists, the
centers for independent living network will negotiate a mutually
beneficial contractual arrangement with Michigan rehabilitation
services. 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 project that
specifically focuses on economic self-sufficiency.
(2) The Michigan centers for independent living shall provide
a report by March 1 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 direct customer and system
outcomes and performance measures.
Sec. 802. The Michigan rehabilitation services shall work
collaboratively with the bureau of services for blind persons,
service organizations, and government entities to identify
qualified match dollars to maximize use of available federal
vocational rehabilitation funds.
Sec. 803. The department shall provide an annual report by
February 1 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
efforts taken to improve the Michigan rehabilitation services. The
report shall include all of the following items:
(a) Reductions and changes in administration costs and
staffing.
(b) Service delivery plans and implementation steps achieved.
(c) Reorganization plans and implementation steps achieved.
(d) Plans to integrate Michigan rehabilitative services
programs into other services provided by the department.
(e) Quarterly expenditures by major spending category.
(f) Employment and job retention rates from both Michigan
rehabilitation services and its nonprofit partners.
(g) Success rate of each district in achieving the program
goals.
Sec. 804. (1) From the funds appropriated in part 1 for
Michigan rehabilitation services, the department shall allocate
$50,000.00 along with 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 office on the
total number of clients served and the total amount of federal
matching funds obtained throughout the duration of the program.
Sec. 806. From the funds appropriated in part 1 for Michigan
rehabilitation services, the department shall allocate
$6,100,300.00, including federal matching funds, to service
authorizations with community-based rehabilitation organizations
for an array of needed services throughout the rehabilitation
process.
Sec. 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. 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 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, a list
of all supplemental nutrition assistance program education funding
programs by implementing agency, and the stated purpose of each
program.
Sec. 809. The purpose of the pathways to potential program is
to reduce chronic absenteeism by 10%, decrease the number of
students who repeat grades, decrease the rate of dropouts, and
increase graduation for schools that are current participants in
the pathways to potential program. The funding priority for the
pathways to potential program shall be based on schools requiring
assistance in meeting these performance outcomes.
Sec. 825. 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.
Sec. 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. 851. A staffing enhancement for adult services field
staff was included in 2017 PA 107. The goal of the investment is 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,
establishing face-to-face contact with the client within 72 hours,
and completing the investigation within 30 days.
BEHAVIORAL HEALTH SERVICES
Sec. 901. Except for the pilot projects and demonstration
models described in section 298 of this part, 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. 902. (1) Except for the pilot projects and demonstration
models described in section 298 of this part, 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. 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. 905. (1) From the funds appropriated in part 1 for
behavioral health program administration, the department shall
maintain a psychiatric transitional unit and children's behavioral
action 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.
Sec. 906. (1) The funds appropriated in part 1 for the state
disability assistance substance use disorder services program shall
be used to support per diem room and board payments in substance
use disorder residential facilities. Eligibility of clients for the
state disability assistance substance use disorder services program
shall include needy persons 18 years of age or older, or
emancipated minors, who reside in a substance use disorder
treatment center.
(2) The department shall reimburse all licensed substance use
disorder programs eligible to participate in the program at a rate
equivalent to that paid by the department to adult foster care
providers. Programs accredited by department-approved accrediting
organizations shall be reimbursed at the personal care rate, while
all other eligible programs shall be reimbursed at the domiciliary
care rate.
Sec. 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. 909. From the funds appropriated in part 1 for community
substance use disorder prevention, education, and treatment, 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. 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. 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. 912. The department shall contract directly with the
Salvation Army Harbor Light program to provide non-Medicaid
substance use disorder services if the local coordinating agency or
the department confirms the Salvation Army Harbor Light program
meets the standard of care. The standard of care shall include, but
is not limited to, utilization of the medication assisted treatment
option.
Sec. 915. (1) By March 1 of the current fiscal year, the
department shall report the following information on the mental
health and wellness commission 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) Previous fiscal year expenditures by actionable
recommendation of the mental health and wellness commission.
(b) Programs utilized during the previous fiscal year to
address each actionable recommendation of the mental health and
wellness commission.
(c) Outcomes and performance measures achieved during the
previous fiscal year by actionable recommendation of the mental
health and wellness commission.
(d) Current fiscal year funding by actionable recommendation
of the mental health and wellness commission.
(e) Current fiscal year funding by program utilized to address
each actionable recommendation of the mental health and wellness
commission.
(2) By April 1 of the current fiscal year, the department
shall report on funding within the executive budget proposal for
the fiscal year ending September 30, 2020, by actionable
recommendation of the mental health and wellness commission to the
same report recipients listed in subsection (1).
Sec. 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. 920. (1) 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.
(2) It is the intent of the legislature that any increased
Medicaid rate related to state minimum wage increases shall also be
distributed to direct care employees.
Sec. 924. From the funds appropriated in part 1 for autism
services, autism services reimbursement rates shall not exceed 75%
of the rates paid by the TRICARE health care program of the United
States Department of Defense Military Health System for autism
services provided in this state.
Sec. 925. From the funds appropriated in part 1 for community
mental health non-Medicaid services, each CMHSP is allocated not
less than the amount allocated to that CMHSP during the previous
fiscal year.
Sec. 926. 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 created at a hospital in a city with a
population between 95,000 and 97,000 within a county with a
population of at least 1,500,000. 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. The hospital shall collect 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. 928. (1) 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.
(2) It is the intent of the legislature that any funds that
lapse from the funds appropriated in part 1 for Medicaid mental
health services shall be redistributed to individual CMHSPs as a
reimbursement of local funds on a proportional basis to those
CMHSPs whose local funds were used as state Medicaid match. By
April 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 lapse by PIHP
from the previous fiscal year and the projected lapse by PIHP in
the current fiscal year.
Sec. 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. 940. (1) According to section 236 of the mental health
code, 1974 PA 258, MCL 330.1236, the department shall do both of
the following:
(a) 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.
(b) Withdraw unspent funds that have been allocated to a CMHSP
if other reallocated funds were expended in a manner not provided
for in the approved contract, including expending funds on services
and programs provided to individuals residing outside of the
CMHSP's geographic region.
(2) A CMHSP that has its funding allocation transferred out or
withdrawn 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 or
withdraw 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 or withdrawn to the senate and house
appropriation subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office.
Sec. 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. 950. From the funds appropriated in part 1 for court-
appointed guardian and conservator reimbursements, the department
shall allocate $2,490,000.00 to reimburse counties for 50% of the
cost incurred by the county to reimburse court-appointed public
guardians and conservators for recipients who also receive CMHSP
services. The department shall only reimburse counties for 50% of
costs for reimbursements up to $83.00 per month per court-appointed
public guardian and conservator.
Sec. 995. From the funds appropriated in part 1 for behavioral
health program administration, $4,350,000.00 is intended to address
the recommendations of the mental health diversion council.
Sec. 997. The population data used in determining the
distribution of substance use disorder block grant funds shall be
from the most recent federal census.
Sec. 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 census data available.
Sec. 1003. The department shall notify the Community Mental
Health Association of Michigan when developing policies and
procedures that will impact PIHPs or CMHSPs.
Sec. 1004. The department shall provide the senate and house
appropriations subcommittee 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 90 days 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. 1005. 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. 1008. PIHPs and CMHSPs shall do all of the following:
(a) Work to reduce administration costs by ensuring that PIHP
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 be demonstrated 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 net assets, internal
service fund increases, building costs, increases in the number of
PIHP 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. 1009. (1) 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.
(2) The department shall report the information required to be
reported according to subsection (1) 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. 1010. From the funds appropriated in part 1 for
behavioral health program administration, up to $2,000,000.00 shall
be allocated to address the implementation of court-ordered
assisted outpatient treatment as provided under chapter 4 of the
mental health code, 1974 PA 258, MCL 330.1400 to 330.1490.
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 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. 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. 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. 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. 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. 1059. The department shall identify specific outcomes and
performance measures for the center for forensic psychiatry,
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.
Sec. 1060. (1) The department shall continue to convene a
workgroup that meets at least quarterly in collaboration with the
chairs of the house and senate appropriations subcommittees on the
department budget or their designees, labor union representation,
civil service, and any other appropriate parties to recommend
solutions to address mandatory overtime, staff turnover, and staff
retention at the state psychiatric hospitals and centers,
including, but not limited to, permitting retired workers to return
and permitting hiring of part-time workers.
(2) By March 1 of the current fiscal year, the department
shall provide the workgroup's recommendations to the senate and
house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget office.
Sec. 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. It is the
intent of the legislature that the Caro Regional Mental Health
Center shall remain open and operational at its current location on
an ongoing basis, and that any capital outlay funding shall be
utilized for planning and construction at the current location
instead of at a new location.
HEALTH POLICY
Sec. 1140. From the funds appropriated in part 1 for primary
care services, $250,000.00 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. 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. 1144. (1) From the funds appropriated in part 1 for
health policy administration, the department shall allocate the
federal state innovation model grant funding that supports
implementation of the health delivery system innovations detailed
in this state's "Reinventing Michigan's Health Care System:
Blueprint for Health Innovation" document. This initiative will
test new payment methodologies, support improved population health
outcomes, and support improved infrastructure for technology and
data sharing and reporting. The funds will be used to provide
financial support directly to regions participating in the model
test and to support statewide stakeholder guidance and technical
support.
(2) Outcomes and performance measures for the initiative under
subsection (1) include, but are not limited to, the following:
(a) Increasing the number of physician practices fulfilling
patient-centered medical home functions.
(b) Reducing inappropriate health utilization, specifically
reducing preventable emergency department visits, reducing the
proportion of hospitalizations for ambulatory sensitive conditions,
and reducing this state's 30-day hospital readmission rate.
(3) By March 1 and September 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 on the
status of the program and progress made since the prior report.
(4) From the funds appropriated in part 1 for health policy
administration, any data aggregator created as part of the
allocation of the federal state innovation model grant funds must
meet the following standards:
(a) The primary purpose of the data aggregator must be to
increase the quality of health care delivered in this state, while
reducing costs.
(b) The data aggregator must be governed by a nonprofit
entity.
(c) All decisions regarding the establishment, administration,
and modification of the database must be made by an advisory board.
The membership of the advisory board must include the director of
the department or a designee of the director and representatives of
health carriers, consumers, and purchasers.
(d) The Michigan Data Collaborative shall be the data
aggregator to receive health care claims information from, without
limitation, commercial health carriers, nonprofit health care
corporations, health maintenance organizations, and third party
administrators that process claims under a service contract.
(e) The data aggregator must use existing data sources and
technological infrastructure, to the extent possible.
Sec. 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. 1147. (1) From the funds appropriated in part 1 for
primary care services, $1,000,000.00 shall be appropriated for the
second year of a 6-year early primary care incentive program to
facilitate the placement of physicians in medically underserved
areas of this state. The early primary care incentive program
format includes all of the following:
(a) Recruitment of interested physicians before completion of
first year of residency.
(b) To participate in the pilot program, a physician must do
all of the following:
(i) Complete at least 1 year of postgraduate education.
(ii) Complete and pass all 3 parts of a national licensing
board examination.
(iii) Obtain an unrestricted license to engage in the practice
of osteopathic medicine and surgery or an unrestricted license to
engage in the practice of medicine in this state.
(c) A participating physician shall enter into a contract to
work with an employer for no less than 2 years in a federally
underserved rural or urban area in this state, beginning the year
following completion of at least 1 year of postgraduate education.
(d) The employer shall employ the physician at a competitive
salary. A contractual employer may include, but is not limited to,
a private practice physician or physician group, a hospital or
hospital system, a community clinic, or a federally qualified
health center.
(e) Assistance with repayment of medical education loans of
the participating physician shall be provided through local, state,
federal, or other sources during the employment period, with a
target assistance amount of $50,000.00 over 2 years.
(f) Upon completion of the 2-year employment period,
participating physicians may reenter and complete a postgraduate
residency program.
(2) The department shall seek philanthropic support for the
early primary care incentive program to achieve increased
participation and may use state funds to match philanthropic
contributions.
(3) The department shall contract with the Michigan Health
Council for the purpose of administering the early primary care
incentive program. Funds shall be disbursed by the department to
the Michigan Health Council by December 1 of the current fiscal
year for this purpose.
(4) Use of funds for administration of the early primary care
incentive program is limited to no more than $150,000.00.
(5) The department shall prepare a report on the status of the
early primary care incentive program that shall include, but is not
limited to, the number of physicians placed, location of placement,
type of employer, average student loan burden of the participating
physicians, and average loan relief provided under the program. By
April 1 of the current fiscal year, the department shall provide
the report described in this subsection 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.
(6) Unexpended and unencumbered funds up to a maximum of
$1,000,000.00 general fund/general purpose revenue in part 1 for
primary care services 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 early primary care incentive program under
this section until the project has been completed. All of the
following are 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 fund the cost of an
early primary care incentive program as provided by this section.
(b) The work project will be accomplished by administering the
partnering of participating physicians with qualifying employers
and coordinating the negotiation of medical school loan repayment
assistance for the participating physician.
(c) The total estimated cost of the work project is
$1,000,000.00 of general fund/general purpose revenue.
(d) The tentative completion date of the work project is
September 30, 2023.
Sec. 1150. The department shall coordinate with the department
of licensing and regulatory affairs, the department of the attorney
general, all appropriate law enforcement agencies, and the Medicaid
health plans to reduce fraud related to opioid prescribing within
Medicaid, and to address other appropriate recommendations of the
prescription drug and opioid abuse task force outlined in its
report of October 2015. By October 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, the senate and house policy offices, and
the state budget office on steps the department has taken to
coordinate with the entities listed in this section and other
stakeholders to reduce fraud related to opioid prescribing, and to
address other appropriate recommendations of the task force.
Sec. 1151. The department shall coordinate with the department
of licensing and regulatory affairs, the department of the attorney
general, all appropriate law enforcement agencies, and the Medicaid
health plans to work with local substance use disorder agencies and
addiction treatment providers to help inform Medicaid beneficiaries
of all medically appropriate treatment options for opioid addiction
when their treating physician stops prescribing prescription opioid
medication for pain, and to address other appropriate
recommendations of the prescription drug and opioid abuse task
force outlined in its report of October 2015. By October 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, the senate and house
policy offices, and the state budget office on how the department
is working with local substance use disorder agencies and addiction
treatment providers to ensure that Medicaid beneficiaries are
informed of all available and medically appropriate treatment
options for opioid addiction when their treating physician stops
prescribing prescription opioid medication for pain, and to address
other appropriate recommendations of the task force. The report
shall include any potential barriers to medication-assisted
treatment, as recommended by the Michigan medication-assisted
treatment guidelines, for Medicaid beneficiaries in both office-
based opioid treatment and opioid treatment program facility
settings.
LABORATORY SERVICES
Sec. 1170. From the funds appropriated in part 1 for
laboratory services, the department shall allocate $1,000,000.00
for enhanced laboratory testing of opioids in cases of drug
overdose deaths in order to accurately identify all prescription
and nonprescription substances that may have impacted a drug
poisoning death. The following provisions apply:
(a) The funds shall be used to support state laboratory and
county medical examiner costs for collection of biological
specimens for all cases of suspected or confirmed overdose death,
toxicology screening of specimens for opioids including fentanyl
analogues, shipment of specimens as needed, and information systems
for reporting of results to the department when a toxicology
screening is positive for opioids including fentanyl analogues.
(b) The department shall establish standards to specify type
of toxicology screening and proper utilization measures that are
consistent with standards set by the Centers for Disease Control
and Prevention, the College of American Pathologists, and other
accrediting organizations.
DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY
Sec. 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 case
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. 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. 1182. (1) From the funds appropriated in part 1 for the
healthy homes program, no less than $1,750,000.00 of general
fund/general purpose funds and $23,480,000.00 of federal funds
shall be allocated for lead abatement of homes.
(2) By January 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, and description of program accomplishments and
progress.
LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Sec. 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. 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. 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
environmental quality.
(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 December 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.
Sec. 1223. (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 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 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. 1224. 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. 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. It is the intent of the legislature that, by
March 1 of the current fiscal year, the senate and house
appropriations subcommittees on the department budget shall hold a
joint hearing for the purpose of a presentation by the Michigan
health endowment fund corporation and the department, detailing the
steps taken to work together, and to report on initiatives
supported by the Michigan health endowment fund.
Sec. 1226. From the funds appropriated in part 1 for health
and wellness initiatives, $1,000,000.00 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 no less than 1/2 of 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. 1227. The department shall establish criteria for all
funds allocated under part 1 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. 1230. By October 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
estimated costs and timeline to implement a school-based pilot
program for children up to grade 7 that may include, but is not
limited to, oral health assessments, primary dental services, and
referrals. The school-based pilot program shall track the number of
children offered and receiving services at the school sites.
Program goals shall include improving oral and physical health
outcomes for children, improving rates of children receiving dental
sealants, and reduction of rates of childhood tooth decay.
Sec. 1231. 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.
Sec. 1232. It is the intent of the legislature 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. 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.
FAMILY, MATERNAL, AND CHILD HEALTH
Sec. 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. 1302. Each family planning program receiving federal
title X family planning funds under 42 USC 300 to 300a-8 shall be
in compliance with all performance and quality assurance indicators
that the office of population affairs within the United States
Department of Health and Human Services specifies in the program
guidelines for project grants for family planning services. An
agency not in compliance with the indicators shall not receive
supplemental or reallocated funds.
Sec. 1303. The department shall not contract with an
organization that provides elective abortions, abortion counseling,
or abortion referrals, for services that are to be funded with
state restricted or state general fund/general purpose funds
appropriated in part 1 for family planning local agreements. An
House Bill No. 5578 as amended April 24, 2018
organization under contract with the department shall not
subcontract with an organization that provides elective abortions,
abortion counseling, or abortion referrals, for services that are
to be funded with state restricted or state general fund/general
purpose funds appropriated in part 1 for family planning local
agreements.
Sec. 1304. The department shall not use state restricted funds
or state general funds appropriated in part 1 in the pregnancy
prevention program or family planning local agreements
appropriation line items for abortion counseling, referrals, or
services.
[Sec. 1305. (1) From the funds appropriated in part 1 for family planning local agreements and the pregnancy prevention program, the department shall not contract with or award grants to an entity that engages in 1 or more of the activities described in section 1091(2) of 2002 PA 360, MCL 333.1091, if the entity is located in a county or health district where family planning or pregnancy prevention services are provided by the county, the health district, or a qualified entity that does not engage in any of the activities described in section 1091(2) of 2002 PA 360, MCL 333.1091.
(2) The department shall give priority to counties or health districts where no contracts or grants currently exist for family planning or pregnancy prevention services before contracting with or awarding grants to an entity that engages in 1 or more of the activities described in 1091(2) of 2002 PA 360, MCL 333.1091, if that entity is located in a county where family planning and pregnancy prevention services are provided by the county, the health district, or another qualified entity that does not engage in the activities described in 1091(2) of 2002 PA 360, MCL 333.1091.]
Sec. 1307. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, $650,000.00 of TANF
revenue shall be allocated for a pregnancy and parenting support
services program, which program must promote childbirth,
alternatives to abortion, and grief counseling. The department
shall establish a program with a qualified contractor that will
contract with qualified service providers to provide free
counseling, support, and referral services to eligible women during
pregnancy through 12 months after birth. As appropriate, the goals
for client outcomes shall include an increase in client support, an
increase in childbirth choice, an increase in adoption knowledge,
an improvement in parenting skills, and improved reproductive
health through abstinence education. The contractor of the program
shall provide for program training, client educational material,
program marketing, and annual service provider site monitoring. The
department shall submit a report to the house and senate
appropriations subcommittees on the department budget and the house
and senate fiscal agencies by April 1 of the current fiscal year on
the number of clients served.
Sec. 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. 1309. The department shall allocate funds appropriated in
section 117 of part 1 for family, maternal, and child health
according to section 1 of 2002 PA 360, MCL 333.1091.
Sec. 1310. The department shall continue to work jointly with
the Michigan state housing development authority and the joint task
force established under article IV of 2014 PA 252 to review housing
rehabilitation, energy and weatherization, and hazard abatement
program policies and to make recommendations for integrating and
coordinating project delivery with the goals of serving more
families and achieving better outcomes by maximizing state and
federal resources. The joint task force may provide recommendations
to the department. Recommendations of the joint task force must
give consideration to best practices and cost effectiveness.
Sec. 1311. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, equal consideration
shall be given to all eligible evidence-based providers in all
regions in contracting for rural home visitation services.
Sec. 1313. (1) The department shall continue developing an
outreach program on fetal alcohol syndrome services, targeting
health promotion, prevention, and intervention as described in the
Michigan fetal alcohol spectrum disorders 5-year plan 2015-2020.
(2) The department shall explore federal grant funding to
address prevention services for fetal alcohol syndrome and reduce
alcohol consumption among pregnant women.
Sec. 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. 1340. The department shall include national brand peanut
butter on the list of approved women, infants, and children special
supplemental nutrition program basket items.
Sec. 1341. The department and county offices 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 WIC policy memorandum 2013-3.
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Sec. 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.
Sec. 1361. From the funds appropriated in part 1 for medical
care and treatment, the department is authorized to 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.
AGING AND ADULT SERVICES AGENCY
Sec. 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 vulnerable seniors.
Sec. 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. 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. 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. 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 on the
efficacy of the contract 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. 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.
MEDICAL SERVICES ADMINISTRATION
Sec. 1501. The unexpended funds appropriated in part 1 for the
electronic health records incentive 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 implement the Medicaid
electronic health record program that provides financial incentive
payments to Medicaid health care providers to encourage the
adoption and meaningful use of electronic health records to improve
quality, increase efficiency, and promote safety.
(b) The projects will be accomplished by utilizing state
employees or contracts with service providers, or both, and
according to the approved federal advanced planning document.
(c) The total estimated cost of the project is $96,087,400.00.
(d) The tentative completion date is September 30, 2023.
Sec. 1503. From the funds appropriated in part 1 for Healthy
Michigan plan administration, the department shall maintain an
accounting structure within the statewide integrated governmental
management applications that will allow expenditures associated
with the administration of the Healthy Michigan plan to be
identified.
Sec. 1505. By March 1 and September 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 including
both of the following:
(a) The department's projected annual increase in
reimbursement savings and cost offsets that will result from the
funds appropriated in part 1 for the office of inspector general
and third party liability efforts.
(b) The actual increase in 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.
Sec. 1506. 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 quarterly report on the implementation
status of the public assistance call center that includes all of
the following information:
(a) Call volume during the prior quarter.
(b) Percentage of calls resolved through the public assistance
call center.
(c) Percentage of calls transferred to a local department
office or other office for resolution.
Sec. 1507. (1) From the funds appropriated for integrated
service delivery in part 1 in the technology supporting integrated
service and departmental administration and management line items,
the department shall maintain new 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. 1509. (1) The department shall contract for an
independent feasibility study and actuarial model of public,
private, and public-private hybrid options to help individuals
prepare for, access, and afford long-term services and supports.
The department shall match 100% of any private funds, up to
$200,000.00, with state general fund/general purpose revenues. The
study must include models for all of the following:
(a) An affordable annual long-term care benefit available to
all individuals who meet the minimum eligibility of needing
assistance with 2 activities of daily living, with the maximum
benefit amount to be determined by actuarial analysis.
(b) A public-private reinsurance or risk-sharing model, with
the purpose of providing a stable and ongoing source of
reimbursement to insurers for a portion of their catastrophic long-
term care services and supports losses in order to provide
additional insurance capacity for the state. The entity would
operate as a public-private partnership supporting the private
sector's role as the primary risk bearer.
(c) A long-term care benefit paid for and open to those that
are not currently eligible for the state Medicaid program.
(2) The awarded contractor shall provide a report to the
department on the independent feasibility study and actuarial model
that includes all of the following:
(a) An analysis of public and private long-term care programs
that exist in the state, the participation rates for those
programs, and any clear gaps that exist, including, but not limited
to, gaps in coverage, affordability, and participation.
(b) The expected costs and benefits for participants in a new
long-term care benefit program, when accounting for a living wage
rate for home care workers and compliance with the fair labor
standards act of 1938, 29 USC 201 to 219, the federal regulations
in 29 CFR 552 relating to that act, and state labor laws.
(c) The total anticipated number of participants.
(d) The impact on the current workforce.
(e) A recruitment and retention plan to meet anticipated
shortage in the workforce due to the increasing aging population.
(f) The impact of current services, access to a paid
workforce, and affordability of care on family caregivers,
including how many family members are providing care to the
individual, the impact that providing care has on a family
caregiver's job, family caregivers' access to training programs,
how many hours of care a family caregiver is providing, the types
of services a family caregiver is performing, if the primary
caregiver is also caring for a child, and if there are children
present in the home who also assist with caring for the aging adult
in the home.
(g) The projected savings to the state Medicaid program, if
any.
(h) Legal and financial risks to the state.
(3) The department shall provide oversight and direction for
the analysis described in subsection (2) and shall convene meetings
for interested stakeholders, including consumer and worker
representatives, to provide ongoing input on the feasibility study
design. The department shall hold not fewer than 3 meetings for
stakeholders to comply with the provisions of this subsection, as
follows: a meeting before the study begins, a meeting during the
study's implementation, and a meeting after the study is completed.
(4) The feasibility study and the actuarial analysis that is
included in the feasibility study must be completed and submitted
to the department no later than 270 days after the start date of
the feasibility study. The department shall hold a public hearing
presenting its findings. The department shall submit a report,
including the director's findings and recommendations based on the
feasibility study and actuarial analysis, to the legislature no
later than 60 days after the completion of the feasibility study.
MEDICAL SERVICES
Sec. 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. 1603. (1) The department may establish a program for
individuals to purchase medical coverage at a rate determined by
the department.
(2) The department may receive and expend premiums for the
buy-in of medical coverage in addition to the amounts appropriated
in part 1.
(3) The premiums described in this section shall be classified
as private funds.
Sec. 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. 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. 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. 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. 1620. (1) For fee-for-service Medicaid recipients, the
professional dispensing fee for drugs indicated as specialty
medications on the Michigan pharmaceutical products list is $20.02
or the pharmacy's usual or customary cash charge, whichever is
less.
(2) For fee-for-service Medicaid recipients, 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 on the department's preferred drug list,
$10.80 or the pharmacy's usual or customary cash charge, whichever
is less.
(b) For medications not on the department's preferred drug
list, $10.64 or the pharmacy's usual or customary cash charge,
whichever is less.
(c) For nonpreferred medications on the department's preferred
drug list, $9.00 or the pharmacy's usual or customary cash charge,
whichever is less.
(3) For fee-for-service Medicaid recipients, if the prescriber
mandates the use of a specific medication by indicating "Dispense
as Written" for nonspecialty medications, the professional
dispensing fee is $10.64 or the pharmacy's usual or customary cash
charge, whichever is less.
(4) 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 and $3.00 for a brand-name drug, except as
prohibited by federal or state law or regulation.
(5) 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 and $8.00 for a brand-name drug, except as prohibited
by federal or state law or regulation.
Sec. 1621. 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
strategies the department is using to minimize the state cost of
specialty drugs. Also, the department may take additional measures
in order to further reduce state costs, while also ensuring that
appropriate clinical care is being utilized. The report shall also
include information on savings generated as a result of these
additional measures that may include additional cost sharing, step
therapy, and prior authorization.
Sec. 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. 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. 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. 1646. (1) From the funds appropriated in part 1 for long-
term care services, the department shall administer a nursing
facility quality measure initiative program. The initiative shall
be financed through an increase of the quality assurance assessment
for nursing homes and hospital long-term care units, and the funds
shall be distributed according to the following criteria:
(a) The department shall award more dollars to nursing
facilities that have a higher CMS 5-star quality measure domain
rating, then adjusted to account for both positive and negative
aspects of a patient satisfaction survey.
(b) A nursing facility with a CMS 5-star quality measure
domain star rating of 1 or 2 must file an action plan with the
department describing how it intends to use funds appropriated
under this section to increase quality outcomes before funding
shall be released.
(c) The total incentive dollars must reflect the following
Medicaid utilization scale:
(i) For nursing facilities with a Medicaid participation rate
of above 63%, the facility shall receive 100% of the incentive
payment.
(ii) For nursing facilities with a Medicaid participation rate
between 50% and 63%, the facility shall receive 75% of the
incentive payment.
(iii) For nursing facilities with a Medicaid participation
rate of less than 50%, the facility shall receive 50% of the
incentive payment.
(iv) For nursing facilities not enrolled in Medicaid, the
facility shall not receive an incentive payment.
(d) Facilities designated as special focus facilities are not
eligible for any payment under this section.
(e) Number of licensed beds.
(2) It is the intent of the legislature that, beginning in the
fiscal year ending September 30, 2019, the department and nursing
facility representatives shall evaluate the program's effectiveness
on quality, measured by the change in the CMS 5-star quality
measure domain rating since the implementation of this section.
Sec. 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. 1659. The following sections of this part are the only
ones that shall apply to the following Medicaid managed care
programs, including the comprehensive plan, MIChoice long-term care
plan, and the mental health, substance use disorder, and
developmentally disabled services program: 904, 911, 918, 920, 924,
928, 942, 1008, 1009, 1607, 1657, 1662, 1699, 1700, 1702, 1764,
1791, 1806, 1809, 1810, 1820, 1850, 1871, 1875, and 1888.
Sec. 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 of representatives
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. 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. 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. 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. 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. 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. 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. 1694. From the funds appropriated in part 1 for special
Medicaid reimbursement, $386,700.00 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
includes a children's hospital that has a high indigent care
volume.
Sec. 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. 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
1866 of this part.
(d) Lump-sum payments to rural hospitals for obstetrical care
provided under section 1802 of this part.
Sec. 1702. From the funds appropriated in part 1, the
department shall maintain the 15% rate increase provided during the
fiscal year ending September 30, 2017 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. 1704. (1) From the funds appropriated in part 1 for
dental services, the department shall allocate $2,697,300.00 to
support the enhancement of the Medicaid adult dental benefit for
pregnant women enrolled in a Medicaid program.
(2) 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 by October 1
of the current fiscal year on the steps taken by the department to
implement subsection (1).
(3) Outcomes and performance measures for the program change
under this section include, but are not limited to, 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. 1730. The department shall continue to maintain enhanced
assessment tools established in collaboration with the department
of education that promote literacy development of pregnant women
and new mothers in the maternal infant health program. When
possible, the department shall include new fathers of the infants
in the literacy promotion efforts that are included in the
assessment tools and in the subsequent services provided. The
assessment tools shall expand the assessment of maternal and
parental literacy and provide support and referrals to resources to
enable program participants to achieve an increase in literacy that
may contribute to improvements in family health, economic, and life
outcomes.
Sec. 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. 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. 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, but not limited to, a description of how the department
intends to ensure that service delivery is integrated, how key
components of the proposal are implemented effectively, and 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. 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 population health. The funds shall be used to
support a statewide media campaign for improving this state's
immunization rates.
Sec. 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 75% 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. 1800. For the distribution of each of the pools within
the $85,000,000.00 outpatient disproportionate share hospital
payment, the department shall maintain a formula for the
distribution of each pool based on the quality of care, cost,
traditional disproportionate share hospital factors such as
Medicaid utilization and uncompensated care, and any other factor
that the department determines should be considered.
Sec. 1801. (1) 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 under the personal supervision of a physician, who is
either licensed under part 170 or part 175 of the public health
code, 1978 PA 368, MCL 333.17001 to 333.17084 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.
(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 list
of medical specialties and licensed providers that were paid
enhanced primary care rates in the fiscal year ending September 30,
2017.
Sec. 1802. From the funds appropriated in part 1 for hospital
services and therapy, $11,978,300.00 in general fund/general
purpose revenue shall be provided as lump-sum payments to 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 fiscal year for which data
are available. Payments shall be made by January 1 of the current
fiscal year.
Sec. 1804. The department, in cooperation with the department
of military and veterans affairs, shall work with the federal
public assistance reporting information system to identify Medicaid
recipients who are veterans and who may be eligible for federal
veterans health care benefits or other benefits.
Sec. 1805. Hospitals receiving medical services payments for
graduate medical education shall submit fully completed quality
data to a nonprofit organization with extensive experience in
collecting and reporting hospital quality data on a public website.
The reporting must utilize consensus-based nationally endorsed
standards that meet National Quality Forum-endorsed safe practices.
The organization collecting the data must be an organization that
uses severity-adjusted risk models and measures that will help
patients and payers identify hospital campuses likely to have
superior outcomes. The public website shall provide information to
allow consumers to compare safe practices by hospital campus,
including, but not limited to, perinatal care, hospital-acquired
infection, and serious reportable events. Hospitals receiving
medical services payments for graduate medical education shall also
make their fully completed quality data available on the hospital's
website. The department shall withhold 25% of a hospital's graduate
medical education payment if the hospital does not submit the data
to a qualifying nonprofit organization described in this section by
January 1 of the current fiscal year.
Sec. 1806. (1) The department shall contractually require the
Medicaid health plans to monitor the progress of implementing the
Medicaid health plan common formulary. As part of the monitoring
process, by February 1 of the current fiscal year, the Medicaid
health plans shall provide a report to the department on the
following:
(a) The progress of implementing the Medicaid health plan
common formulary.
(b) The participation by the Medicaid health plans in the
Medicaid health plan common formulary.
(c) The timeliness of prior authorization approvals or
disapprovals.
(2) By March 1 of the current fiscal year, the department
shall provide the Medicaid health plan report provided in
subsection (1) and identify any areas of inconsistency across the
Medicaid health plans' implementation and utilization of the
Medicaid health plan common formulary to the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, and the state budget office.
(3) The department shall maintain policies and procedures to
govern the operations of the Michigan Medicaid health plan common
formulary so that the department is able to receive fair and full
public participation.
Sec. 1809. The department shall establish separate contract
performance standards for Medicaid health plans that adhere to the
requirements of section 105d of the social welfare act, 1939 PA
280, MCL 400.105d, associated with the 0.75% and 0.25% capitation
withhold. The determination of the performance of the 0.75%
capitation withhold is at the discretion of the department but must
include recognized concepts such as 1-year continuous enrollment
and the HEDIS audited data. The determination of the performance of
the 0.25% capitation withhold is at the discretion of the
department but must include the utilization of high-value services
and discouraging the utilization of low-value services.
Sec. 1810. The department shall enhance encounter data
reporting processes and develop rules that would make each health
plan's encounter data as complete as possible, provide a fair
measure of acuity for each health plan's enrolled population for
risk adjustment purposes, capitation rate setting, diagnosis-
related group rate setting, and research and analysis of program
efficiencies while minimizing health plan administrative expense.
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. 1812. By June 1 of the current fiscal year, and using the
most recent available cost reports, the department shall complete a
report of all direct and indirect costs associated with residency
training programs for each hospital that receives funds
appropriated in part 1 for graduate medical education. The report
shall be submitted to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget office.
Sec. 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. 1837. The department shall continue, and expand where
appropriate, utilization of telemedicine and telepsychiatry as
strategies to increase access to services for Medicaid recipients
in medically underserved areas.
Sec. 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. 1850. The department may allow Medicaid health plans to
assist with the redetermination process 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. 1851. From the funds appropriated in part 1 for adult
home help services, the department shall allocate up to $150,000.00
state general fund/general purpose revenue plus any associated
federal match to develop and deploy a mobile electronic visit
verification solution that shall include biometric identity
verification 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. 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. 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 hospices
with 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 the funding to the state.
Sec. 1857. By July 1 of the current fiscal year, the
department shall explore the implementation of a managed care long-
term support service.
Sec. 1858. By April 1 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees on the department budget and the senate and house
fiscal agencies on all of the following elements related to the
current Medicaid pharmacy carve-out of pharmaceutical products as
provided for in section 109h of the social welfare act, 1939 PA
280, MCL 400.109h:
(a) The number of prescriptions paid by the department during
the previous fiscal year and for the fiscal year ending September
30, 2017.
(b) The total amount of expenditures for prescriptions paid by
the department during the previous fiscal year and for the fiscal
year ending September 30, 2017.
(c) The number of and total expenditures for prescriptions
paid for by the department for generic equivalents during the
previous fiscal year and for the fiscal year ending September 30,
2017.
Sec. 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. 1861. From the funds appropriated in part 1 for
transportation, the department shall maintain the previous fiscal
year increase in the number of counties in which a local public
transportation entity is the primary administrator of the Medicaid
nonemergency transportation benefit. The department shall use a
nonprofit transportation brokerage already operating in the state
to carry out the requirements of this section. The purpose of this
expansion is to improve Medicaid beneficiary access to care, reduce
the number of missed physician appointments by Medicaid
beneficiaries, and reduce time spent by caseworkers facilitating
nonemergency transportation for Medicaid beneficiaries. Performance
goals include an increase in utilization of local public
transportation, a reduction in the rate of trips reported as missed
to no more than 0.5%, and the successful collection of data on
program utilization, access, and beneficiary satisfaction.
Sec. 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. 1866. (1) From the funds appropriated in part 1 for
hospital services and therapy and Healthy Michigan plan,
$12,000,000.00 in general fund/general purpose revenue and any
associated federal match shall be awarded as rural access payments
to 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.
(2) No hospital or hospital system shall receive more than
10.0% of the total funding referenced in subsection (1).
(3) To allow hospitals to understand their rural payment
amounts under this section, the department shall provide hospitals
with the methodology for distribution under this section 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. 1867. (1) The department shall continue a workgroup that
includes psychiatrists, other relevant prescribers, and pharmacists
to identify best practices and to develop a protocol for
psychotropic medications. Any changes proposed by the workgroup
shall protect a Medicaid beneficiary's current psychotropic
pharmaceutical treatment regimen by not requiring a physician
currently prescribing any treatment to alter or adjust that
treatment.
(2) By March 1 of the current fiscal year, the department
shall provide the workgroup's recommendations to the senate and
house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget office.
Sec. 1870. (1) From the funds appropriated in part 1 for
MiDocs, $5,000,000.00 general fund/general purpose revenues,
$5,000,000.00 in restricted revenues from the MiDocs consortium,
and any associated federal match is provided to the MiDocs
consortium. The department shall seek the necessary approvals from
the United States Department of Health and Human Services to
implement this section. The purpose of MiDocs is to significantly
increase the state's ability to recruit, train, and retain primary
care physicians and other select specialty physicians in
underserved communities. MiDocs shall maximize training
opportunities with community health centers, rural critical access
hospitals, solo or group private practice physician practices, and
other community-based clinics, in addition to required rotations at
inpatient hospitals. MiDocs shall create new residency slots only
in the following specialties: family medicine, general internal
medicine, general pediatrics, general OB-GYN, psychiatry, and
general surgery. Students in the program must agree to forego any
subspecialty fellowship training for at least 2 years
postresidency. Any loan repayment, loan interest payment, or
scholarships provided to MiDocs trainees shall include a minimum 2-
year commitment to practice in an underserved community in this
state postresidency. In collaboration with the Michigan Health
Council, MiDocs shall reserve at least 3 residency slots per class
to be used for the Michigan early primary care incentive program.
(2) MiDocs shall submit an annual 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 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 for training sites.
(3) The department shall create a MiDocs initiative advisory
council to help support implementation and oversight. The advisory
council shall include the MiDocs consortium, the Michigan Area
Health Education Centers, the Michigan Primary Care Association,
the Michigan Center for Rural Health, and the Michigan Academy of
Family Physicians, and any other appointees by the department.
Sec. 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. 1872. From the funds appropriated in part 1 for personal
care services, beginning October 1, 2018, the department shall
increase 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 by $32.00.
Sec. 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. 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. 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 May
9, 2016, 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 May 9, 2016 and is a
prescription drug that is generally recognized in a standard
medical reference for the treatment of epilepsy or seizure disorder
or organ replacement therapy.
(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. 1878. 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 hepatitis C tracking data. At a minimum,
the report shall include information on the following for
individuals treated with Harvoni or any other treatment used to
cure hepatitis C during the current fiscal year or a previous
fiscal year:
(a) The total number of people treated broken down by those
treated through traditional Medicaid and those treated through the
Healthy Michigan plan.
(b) The total cost of treatment.
(c) The total cost of treatment broken down by those treated
through traditional Medicaid and those treated through the Healthy
Michigan plan.
(d) The cure rate broken down by Metavir Score, genotype,
Medicaid match rate, and drug used during treatment.
(e) The reinfection rate broken down by Metavir Score,
genotype, Medicaid match rate, and drug used during treatment.
Sec. 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. 1894. (1) By July 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, and the state budget office on outcomes
and performance measures of the Healthy Kids Dental program.
(2) Outcomes and performance measures for the Healthy Kids
Dental program include, but are 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.
(b) The number of dentists who will accept payment from the
Healthy Kids Dental program.
(c) The annual change in dental utilization of children
enrolled in the Healthy Kids Dental program.
INFORMATION TECHNOLOGY
Sec. 1901. (1) 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, the senate and house policy offices, and the state budget
office 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.
(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. 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. 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 on 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, 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 November 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.
(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.
(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.
ONE-TIME APPROPRIATIONS
Sec. 1905. 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, 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.
Sec. 1906. (1) From the funds appropriated in part 1 for
university autism programs, the department shall continue a grant
process for autism programs. These grants are intended to increase
the number of applied behavioral analysts, increase the number of
autism diagnostic services provided, or increase employment of
individuals who are diagnosed with autism spectrum disorder.
(2) As a condition of accepting the grants described in
subsection (1), each university shall track and report back to the
department where the individuals who have completed the applied
behavioral analysis training are initially employed and the
location of the initial employment.
(3) Outcomes and performance measures related to this
initiative include, but are not limited to, the following:
(a) An increase in applied behavioral analysts certified from
university autism programs.
(b) The number of autism diagnostic services provided.
(c) The employment rate of employment program participants.
(d) The employment rate of applied behavioral analysts trained
through the university autism programs.
Sec. 1907. From the funds appropriated in part 1 for child
lead poisoning elimination board, the department shall implement
recommendations of the board offered in the board's report of
November 2016. The recommendations implemented by the department
under this section shall be based in science and best practices,
and the department shall give priority to the implementation of the
recommendations that are most in agreement with recommendations of
nationally recognized organizations and authorities.
Sec. 1909. (1) The funds appropriated in part 1 for employment
first shall be allocated to support the objectives stated in
Executive Order No. 2015-15.
(2) The department shall use the funds to provide consultation
and technical assistance regarding best practices to increase
competitive integrated employment for people with disabilities in
the following areas:
(a) Statewide capacity building of professionals providing job
preparation, placement, and retention supports and services.
(b) Provider transformation among community rehabilitation
organizations.
(c) Rate restructuring of employment supports and services.
(d) Blending and braiding of resources.
(e) Seamless transition outcomes from education to employment.
(f) Employer engagement.
(g) Education and outreach to clients and their families,
including information on benefits coordination and planning.
(h) Other systemic change activities leading to competitive
integrated employment.
Sec. 1913. (1) The department shall spend available work
project revenue and any associated federal match to continue the
implementation and operation of the direct primary care pilot
program as specified in section 1407 of 2017 PA 158.
(2) 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, the senate and house
policy offices, and the state budget office on the status and
implementation of the direct primary care pilot program for both
managed care Medicaid enrollees and fee-for-service Medicaid
recipients. The report shall include, but is not limited to, the
following performance metrics:
(a) The number of enrollees in the direct primary care pilot
program by eligibility category.
(b) The per-member-per-month rate paid in the previous fiscal
year per eligibility category.
(c) The number of claims paid in the previous fiscal year per
eligibility category.
(d) The number of claims per category weighted to reflect 400
enrollees.
(e) The dollar value of all claims per eligibility category.
(f) The per-member-per-month actual cost. As used in this
subdivision, "per-member-per-month actual cost" means the direct
primary care plan costs and any managed care costs not covered
through the direct primary care plan, including managed care
provider overhead costs.
(g) The average direct primary care cost per enrollee per
eligibility category.
(h) The average number of actual claims per eligibility
category.
(i) The average actual dollar value of claims per eligibility
category.
(j) The number of enrollees in the direct primary care pilot
program during the previous quarter who are no longer eligible for
Medicaid in the current quarter, broken down by eligibility
category.
(k) The category savings subtotal. As used in this
subdivision, "category savings subtotal" means the per-member-per-
month rate paid in fiscal year 2016-2017 minus the per-member-per-
month actual cost, times the number of enrollees in the eligibility
category.
(l) The total savings. As used in this subdivision, "total
savings" means the per-member-per-month rate paid in the previous
fiscal year minus the per-member-per-month actual cost, times the
total number of enrollees in the program.
Sec. 1917. (1) From the funds appropriated in part 1 for
Michigan medical resident loan repayment program, $5,000,000.00 is
allocated for a 5-year Michigan medical resident loan repayment
program to incentivize placement of primary care physicians and
other select specialty physicians in rural and urban medically
underserved areas of this state following medical residency and
provide financial assistance for medical education loan repayment
of up to $50,000.00 to the participating physician before the
service period. The Michigan medical resident loan repayment
program shall include the following provisions:
(a) The program shall incentivize medical residents only in
the following specialties: family medicine, general internal
medicine, general pediatrics, general OB-GYN, psychiatry, and
general surgery.
(b) Upon signing an initial agreement to participate in the
program, an amount of up to $50,000.00 shall be provided to the
participating physician for the repayment of medical education
loans or interest, or both, according to a payment schedule as
prescribed and agreed upon by the department and the participant.
(c) Beginning the year following completion of a medical
residency, a physician participating in the program shall enter
into a contract to work with an employer for no less than 2 years
in a federally designated rural or urban medically underserved area
in this state.
(d) A physician participating in the program shall agree to
forego any subspecialty fellowship training for at least 2 years
postresidency.
(2) The department shall contract with the Michigan Health
Council for the purpose of administering the Michigan medical
resident loan repayment program. Funds shall be disbursed by the
department to the Michigan Health Council by December 1 of the
current fiscal year for this purpose.
(3) The department shall prepare a report on the status of the
Michigan medical resident loan repayment program that shall
include, but is not limited to, the number of physicians placed,
location of placement, type of employer, average medical education
loan burden of the participating physicians, and average loan
relief provided under the program. By April 1 of the current fiscal
year, the department shall provide the report described in this
subsection 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.
(4) Unexpended and unencumbered funds up to a maximum of
$5,000,000.00 general fund/general purpose revenue in part 1 for
Michigan medical resident loan repayment 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 the Michigan medical resident loan
repayment program under this section until the project has been
completed. All of the following are 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 fund the cost of a
Michigan medical resident loan repayment program as provided by
this section.
(b) The work project shall be accomplished by administering
the placement of participating physicians with qualifying employers
and providing medical education loan repayment assistance to
participating physicians.
(c) The total estimated cost of the work project is
$5,000,000.00 of general fund/general purpose revenue.
(d) The tentative completion date of the work project is
September 30, 2023.
ARTICLE XI
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
insurance and financial services for the fiscal year ending
September 30, 2019, from the following funds:
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 336.5
GROSS APPROPRIATION.................................... $ 67,971,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 713,800
ADJUSTED GROSS APPROPRIATION........................... $ 67,258,100
Federal revenues:
Total federal revenues................................. 2,017,300
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total state restricted revenues........................ 65,090,800
State general fund/general purpose..................... $ 150,000
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose...................................... 150,000
One-time state general fund/general
purpose............................................ 0
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 22.5
Unclassified salaries--6.0 FTE positions............... $ 784,500
Administrative hearings................................ 182,500
Department services--19.0 FTE positions................ 3,801,200
Executive director programs--3.5 FTE positions......... 1,075,900
Property management.................................... 1,245,400
Worker's compensation.................................. 4,200
GROSS APPROPRIATION.................................... $ 7,093,700
Appropriated from:
Special revenue funds:
Bank fees.............................................. 512,300
Captive insurance regulatory and supervision fund...... 2,900
Consumer finance fees.................................. 201,100
Credit union fees...................................... 862,200
Deferred presentment service transaction fees.......... 272,000
Insurance bureau fund.................................. 2,451,800
Insurance continuing education fees.................... 64,200
Insurance licensing and regulation fees................ 1,915,600
MBLSLA fund............................................ 660,300
Multiple employer welfare arrangement.................. 1,300
State general fund/general purpose..................... $ 150,000
Sec. 103. INSURANCE AND FINANCIAL SERVICES REGULATION
Full-time equated classified positions.......... 314.0
Consumer services and protection--64.0 FTE positions... $ 8,803,600
Financial institutions evaluation--132.0 FTE positions. 24,633,100
Insurance evaluation--118.0 FTE positions.............. 24,789,600
GROSS APPROPRIATION.................................... $ 58,226,300
Appropriated from:
Interdepartmental grant revenues:
IDG-LARA, for debt management.......................... 713,800
Federal revenues:
Federal funds.......................................... 2,017,300
Special revenue funds:
Bank fees.............................................. 5,737,100
Captive insurance regulatory and supervision fund...... 289,200
Consumer finance fees.................................. 2,997,200
Credit union fees...................................... 8,141,100
Deferred presentment service transaction fees.......... 3,315,400
Insurance bureau fund.................................. 21,406,800
Insurance continuing education fees.................... 957,000
Insurance licensing and regulation fees................ 6,421,100
MBLSLA fund............................................ 5,946,800
Multiple employer welfare arrangement.................. 283,500
State general fund/general purpose..................... $ 0
Sec. 104. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 2,251,900
GROSS APPROPRIATION.................................... $ 2,251,900
Appropriated from:
Special revenue funds:
Bank fees.............................................. 225,500
Consumer finance fees.................................. 93,000
Credit union fees...................................... 369,100
Deferred presentment service transaction fees.......... 113,300
Insurance bureau fund.................................. 440,700
Insurance continuing education fees.................... 22,800
Insurance licensing and regulation fees................ 727,600
MBLSLA fund............................................ 259,900
State general fund/general purpose..................... $ 0
Sec. 105. ONE-TIME APPROPRIATIONS
Insurance evaluation enhancement....................... $ 400,000
GROSS APPROPRIATION.................................... $ 400,000
Appropriated from:
Special revenue funds:
Insurance bureau fund.................................. 400,000
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is $65,240,800.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $0.
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "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.
(e) "LARA" means the department of licensing and regulatory
affairs.
(f) "MBLSLA fund" means the restricted account established
under section 8 of the mortgage brokers, lenders, and servicers
licensing act, 1987 PA 173, MCL 445.1658.
(g) "Subcommittees" means the subcommittees of the house of
representatives and senate appropriations committees with
jurisdiction over the budget for the department.
Sec. 204. The department and agencies receiving appropriations
in part 1 shall use the internet to fulfill the reporting
requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
Sec. 205. Funds appropriated in part 1 must not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference must be given to goods
or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. 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. 206. 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. 207. (1) Out-of-state travel shall be limited to
situations where the travel is approved by a departmental
employee's immediate supervisor and in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) The department shall not approve the travel of more than 1
departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 individual from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
(3) Not later than January 1, the department shall prepare a
travel report listing 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 department shall submit the report to
the senate and house of representatives standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget director. The report must include the following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) 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.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 208. Funds appropriated in part 1 must not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 209. Not later than November 30, 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 must summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The state
budget office shall transmit the report to the chairpersons of the
senate and house of representatives appropriations committees and
the senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget 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. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house of
representatives appropriations committee 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, 2018 and September 30, 2019.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $9,513,100.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $4,385,700.00. Total agency appropriations for retiree
health care legacy costs are estimated at $5,127,400.00.
Sec. 215. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 218. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 219. The department shall not develop or produce any
television or radio productions.
Sec. 220. The department, in conjunction with the department
of health and human services, shall maintain an accounting
structure within this state's accounting system that will allow
expenditures associated with the administration of the Healthy
Michigan plan to be identified.
Sec. 221. The amount appropriated from the general fund in
part 1 for executive director programs may only be expended to
comply with reporting requirements regarding the Healthy Michigan
plan under section 105d(9) of the social welfare act, 1939 PA 280,
MCL 400.105d.
INSURANCE AND FINANCIAL SERVICES REGULATION
Sec. 301. The department shall provide a report to the
subcommittees, the senate and house fiscal agencies, and the state
budget director by September 30 based on the annual rate filings
from health insurance issuers that includes all of the following:
(a) The number that are approved by the department.
(b) The number that are denied by the department.
(c) The percentage of rate filings processed within the
applicable statutory time frames.
(d) The average number of calendar days to process rate
filings.
Sec. 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. 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.
ONE-TIME APPROPRIATIONS
Sec. 401. (1) From the funds appropriated in part 1 for
insurance evaluation enhancement, by January 31, 2019, the
department must complete a study led by an actuarial firm capable
of supporting this state's pursuit of a state innovation waiver
under section 1332 of the patient protection and affordable care
act. The study must meet all criteria for a section 1332 state
innovation waiver found at 45 CFR Part 155. The study must include
analyses, actuarial certifications data, assumptions, targets, and
other information sufficient to provide the secretary of the United
States Department of Health and Human Services and the secretary of
the United States Department of Treasury with the necessary data to
determine whether this state's proposed waiver would do all of the
following:
(a) Provide coverage that is at least as comprehensive as the
coverage defined in section 1203(b) of the patient protection and
affordable care act.
(b) Provide coverage and cost sharing protections against
excessive out-of-pocket spending that are at least as affordable as
the provisions of title I of the patient protection and affordable
care act.
(c) Provide coverage to a comparable number of its residents
as the provisions of title I of the patient protection and
affordable care act would provide.
(d) Not increase the federal deficit.
(2) The study under subsection (1) must create any actuarial
analyses and certifications necessary to determine whether the
estimates will comply with the above requirements. The study must
produce an economic analysis to provide a detailed 10 year budget
plan that is deficit neutral to the federal government and detailed
analyses regarding the estimated impact of the waiver on health
insurance coverage in this state.
ARTICLE XII
JUDICIARY
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the judiciary for the
fiscal year ending September 30, 2019, from the following funds:
JUDICIARY
APPROPRIATION SUMMARY
Full-time equated exempted positions............ 502.0
GROSS APPROPRIATION.................................... $ 303,983,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,551,300
ADJUSTED GROSS APPROPRIATION........................... $ 302,432,000
Federal revenues:
Total federal revenues................................. 5,987,400
Special revenue funds:
Total local revenues................................... 6,499,800
Total private revenues................................. 981,600
Total other state restricted revenues.................. 92,979,500
State general fund/general purpose..................... $ 195,983,700
Sec. 102. SUPREME COURT
Full-time equated exempted positions............ 248.0
Community dispute resolution--3.0 FTE positions........ $ 2,890,700
Direct trial court automation support--44.0 FTE
positions............................................ 6,499,800
Drug treatment courts.................................. 11,833,000
Foster care review board--10.0 FTE positions........... 1,331,900
Judicial information systems--22.0 FTE positions....... 4,431,800
Judicial institute--13.0 FTE positions................. 1,848,000
Mental health courts and diversion services--1.0 FTE
position............................................. 5,466,800
Next generation Michigan court system.................. 4,116,000
Other federal grants................................... 275,100
State court administrative office--63.0 FTE positions.. 11,416,100
Supreme court administration--92.0 FTE positions....... 14,059,100
Swift and sure sanctions program....................... 3,654,200
Veterans courts........................................ 936,400
Youthful sex offender treatment pilot program.......... 100
GROSS APPROPRIATION.................................... $ 68,759,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 51,300
IDG from department of state police.................... 1,500,000
Federal revenues:
DOJ, drug court training and evaluation................ 300,000
DOT, National Highway Traffic Safety Administration.... 2,219,000
HHS, access and visitation grant....................... 482,500
HHS, children's justice grant.......................... 238,900
HHS, court improvement project......................... 915,700
HHS, title IV-D child support program.................. 812,300
HHS, title IV-E foster care program.................... 400,400
Other federal grant revenues........................... 275,100
Special revenue funds:
Local - user fees...................................... 6,499,800
Private................................................ 195,600
Private - interest on lawyers trust accounts........... 269,500
Private - state justice institute...................... 430,600
Community dispute resolution fund...................... 2,390,800
Court of appeals filing/motion fees.................... 1,450,000
Drug court fund........................................ 1,920,500
Justice system fund.................................... 587,900
Law exam fees.......................................... 730,600
Miscellaneous revenue.................................. 243,400
State court fund....................................... 392,700
State general fund/general purpose..................... $ 46,452,400
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions............ 175.0
Court of appeals operations--175.0 FTE positions....... $ 24,360,500
GROSS APPROPRIATION.................................... $ 24,360,500
Appropriated from:
State general fund/general purpose..................... $ 24,360,500
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.............. 4.0
Branchwide appropriations--4.0 FTE positions........... $ 9,128,300
GROSS APPROPRIATION.................................... $ 9,128,300
Appropriated from:
State general fund/general purpose..................... $ 9,128,300
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions...................... 590.0
Supreme court justices' salaries--7.0 justices......... $ 1,152,300
Circuit court judges' state base salaries--216.0
judges............................................... 22,140,600
Circuit court judicial salary standardization.......... 9,854,900
Court of appeals judges' salaries--27.0 judges......... 4,337,700
District court judges' state base salaries--237.0
judges............................................... 23,936,400
District court judicial salary standardization......... 10,836,700
Probate court judges' state base salaries--103.0
judges............................................... 10,500,400
Probate court judicial salary standardization.......... 4,669,600
Judges' retirement system defined contributions........ 4,858,100
OASI, Social Security.................................. 6,210,700
GROSS APPROPRIATION.................................... $ 98,497,400
Appropriated from:
Special revenue funds:
Court fee fund......................................... 3,315,200
State general fund/general purpose..................... $ 95,182,200
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions.............. 7.0
Judicial tenure commission--7.0 FTE positions.......... $ 1,162,900
GROSS APPROPRIATION.................................... $ 1,162,900
Appropriated from:
State general fund/general purpose..................... $ 1,162,900
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions............. 51.0
Appellate public defender program--51.0 FTE positions.. $ 8,143,400
GROSS APPROPRIATION.................................... $ 8,143,400
Appropriated from:
Federal revenues:
Other federal grant revenues........................... 343,500
Special revenue funds:
Private - interest on lawyers trust accounts........... 85,900
Miscellaneous revenue.................................. 92,300
State general fund/general purpose..................... $ 7,621,700
Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance........................ $ 7,937,000
GROSS APPROPRIATION.................................... $ 7,937,000
Appropriated from:
Special revenue funds:
State court fund....................................... 7,937,000
State general fund/general purpose..................... $ 0
Sec. 109. TRIAL COURT OPERATIONS
Full-time equated exempted positions.............. 6.0
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--1.0 FTE position..... 6,602,400
Statewide e-file system--5.0 FTE positions............. 8,511,700
GROSS APPROPRIATION.................................... $ 84,294,800
Appropriated from:
Special revenue funds:
Court equity fund...................................... 50,440,000
Drug fund.............................................. 250,000
Drunk driving fund..................................... 3,300,000
Electronic filing fee fund............................. 8,511,700
Judicial technology improvement fund................... 4,815,000
Juror compensation fund................................ 6,602,400
State general fund/general purpose..................... $ 10,375,700
Sec. 110. ONE-TIME APPROPRIATIONS
Full-time equated exempted positions............. 11.0
Compliance with Montgomery v Louisiana--11.0 FTE
positions............................................ $ 700,000
Expansion of problem solving courts.................... 1,000,000
GROSS APPROPRIATION.................................... $ 1,700,000
Appropriated from:
State general fund/general purpose..................... $ 1,700,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is $288,963,200.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $148,443,800.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
JUDICIARY
SUPREME COURT
Drug treatment courts.................................. $ 11,833,000
Mental health courts and diversion services............ 5,466,800
Next generation Michigan court system.................. 4,116,000
State court administrative office...................... 200,000
Swift and sure sanctions program....................... 3,654,200
Veterans courts........................................ 936,400
Youthful sex offender treatment pilot program.......... 100
JUSTICES' AND JUDGES' COMPENSATION
Circuit court judicial salary standardization.......... $ 9,854,900
District court judicial salary standardization......... 10,836,700
Probate court judges' state base salaries.............. 10,500,400
Probate court judicial salary standardization.......... 4,669,600
Grant to OASI contribution fund, employer's share,
Social Security..................................... 1,080,900
TRIAL COURT OPERATIONS
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....................... 6,602,400
Statewide e-file system................................ 8,511,700
ONE-TIME APPROPRIATIONS
Expansion of problem solving courts.................... $ 1,000,000
TOTAL.................................................. $ 148,443,800
Sec. 202. (1) The appropriations authorized under this part
and part 1 are subject to the management and budget act, 1984 PA
431, MCL 18.1101 to 18.1594.
(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. 203. As used in this part and part 1:
(a) "DOJ" means the United States Department of Justice.
(b) "DOT" means the United States Department of
Transportation.
(c) "FTE" means full-time equated.
(d) "HHS" means the United States Department of Health and
Human Services.
(e) "IDG" means interdepartmental grant.
(f) "OASI" means old age survivor's insurance.
(g) "SADO" means the state appellate defender office created
under the appellate defender act, 1978 PA 620, MCL 780.711 to
780.719.
(h) "Title IV-D" means the part of the federal social security
act, 42 USC 301 to 1397mm, pertaining to the child support
enforcement program.
(i) "Title IV-E" means the part of the federal social security
act, 42 USC 301 to 1397mm, pertaining to the foster care program.
Sec. 204. The reporting requirements of this part shall be
completed with the approval of, and at the direction of, 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 may include transmission of reports
via electronic mail to the recipients identified for each reporting
requirement, or it may include placement of reports on an internet
or intranet site.
Sec. 205. 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. 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. In addition, preference shall 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. 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. 209. Not later than November 30, 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 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. 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. 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. 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. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $14,127,500.00. From this amount, total
judiciary appropriations for pension-related legacy costs are
estimated at $6,513,000.00. Total judiciary appropriations for
retiree health care legacy costs are estimated at $7,614,500.00.
Sec. 215. The judicial branch shall not take disciplinary
action against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. It is the intent of the legislature that judges who
are presiding over a hearing on a foster care case shall publicly
acknowledge and request the input of the foster parent or foster
parents during the hearing.
Sec. 217. If the judicial branch makes any changes to a foster
care family service plan before its finalization, it is the intent
of the legislature that the presiding judge provide an explanation
for any changes to that plan in the court record.
Sec. 219. The judicial branch shall receive and retain copies
of all reports funded from appropriations in part 1. Federal and
state guidelines for short-term and long-term retention of records
shall be followed. The judicial branch may electronically retain
copies of reports unless otherwise required by federal and state
guidelines.
JUDICIAL BRANCH
Sec. 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. 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. 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. 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. 305. From the funds appropriated in part 1 for community
dispute resolution, community dispute resolution centers shall
provide restorative justice programs to schools to help reduce
suspensions and truancy, and to improve school climate. Funding may
be used for community dispute resolution centers, in cooperation
with local prosecutors, to expand existing restorative justice
programming that targets juvenile offenders who have been charged
with assault and battery, malicious destruction of property, or a
larceny offense, including retail fraud. Participation shall be
completely voluntary for the person charged and any person harmed
by the crime.
Sec. 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. 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. 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. 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. 312. From the funds appropriated in part 1, the state
court administrator shall produce a statistical report regarding
the implementation of the parental rights restoration act, 1990 PA
211, MCL 722.901 to 722.908, as it pertains to minors seeking
court-issued waivers of parental consent. The state court
administrative office shall report the total number of petitions
filed and the total number of petitions granted under that act.
Sec. 316. (1) From the funds appropriated in part 1 for
pretrial risk assessment, the state court administrative office
shall pilot a pretrial risk assessment tool in an effort to provide
relevant information to judges so they can make evidence-based bond
decisions that will increase public safety and reduce costs
associated with unnecessary pretrial detention.
(2) The state court administrative office shall submit a
report by March 1 to the senate and house appropriations
subcommittees on judiciary, the senate and house fiscal agencies,
and the state budget office on progress made toward implementing
the pretrial risk assessment tool and associated costs.
Sec. 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. 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.
(3) As used in this section, "program" means a swift and sure
sanctions program described in subsection (1).
Sec. 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. 322. If Byrne formula grant funding is awarded to the
state appellate defender, 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. 324. From the funds appropriated in part 1, 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.
ONE-TIME APPROPRIATIONS
Sec. 402. (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
expansion is to ensure competent, resourced, and supervised counsel
in cases involving the resentencing of juvenile lifers. The
representation by SADO counsel will create opportunities for
release, saving prison costs for the state.
(2) From the funds appropriated in part 1, 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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2020 for
the line items listed in part 1. Fiscal year 2019-2020
appropriations are anticipated to be the same as those for fiscal
year 2018-2019, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2019 consensus revenue estimating
conference.
ARTICLE XIII
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
licensing and regulatory affairs for the fiscal year ending
September 30, 2019, from the following funds:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions........ 2,322.3
GROSS APPROPRIATION.................................... $ 491,962,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 48,414,300
ADJUSTED GROSS APPROPRIATION........................... $ 443,547,800
Federal revenues:
Total federal revenues................................. 65,744,400
Special revenue funds:
Total local revenues................................... 100,000
Total private revenues................................. 111,800
Total state restricted revenues........................ 288,771,300
State general fund/general purpose..................... $ 88,820,300
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 88,820,300
One-time state general fund/general purpose......... 0
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 108.0
Unclassified salaries--57.5 FTE positions.............. $ 5,107,700
Administrative services--77.0 FTE positions............ 8,810,100
Executive director programs--24.0 FTE positions........ 3,256,500
FOIA coordination--3.0 FTE positions................... 314,900
Office for new Americans--4.0 FTE positions............ 480,200
Property management.................................... 11,488,900
Worker's compensation.................................. 318,500
GROSS APPROPRIATION.................................... $ 29,776,800
Appropriated from:
Interdepartmental grant revenues:
IDG - MDIFS, accounting services....................... 150,000
IDG - MDTED, unemployment hearings..................... 601,100
Federal revenues:
DED - vocational rehabilitation and independent living. 897,400
DOE - heating oil and propane.......................... 25,000
DOL - occupational safety and health................... 712,200
EPA - underground storage tanks........................ 29,100
HHS - Medicaid, certification of health care providers
and suppliers........................................ 405,200
HHS - Medicare, certification of health care providers
and suppliers........................................ 589,000
Special revenue funds:
Aboveground storage tank fees.......................... 92,400
Accountancy enforcement fund........................... 46,100
Asbestos abatement fund................................ 150,100
Boiler inspection fund................................. 278,300
Builder enforcement fund............................... 100,400
Construction code fund................................. 760,000
Corporation fees....................................... 5,644,500
Elevator fees.......................................... 302,100
Fire alarm fees........................................ 7,100
Fire safety standard and enforcement fund.............. 2,100
Fire service fees...................................... 483,400
Fireworks safety fund.................................. 51,000
Health professions regulatory fund..................... 1,569,800
Health systems fees.................................... 246,400
Licensing and regulation fund.......................... 783,000
Liquor license revenue................................. 300,000
Liquor purchase revolving fund......................... 3,807,100
Marihuana registry fund................................ 670,500
Michigan unarmed combat fund........................... 5,900
Mobile home code fund.................................. 317,100
Nurse professional fund................................ 37,500
PMECSEMA fund.......................................... 45,000
Private occupational school license fees............... 55,200
Property development fees.............................. 7,400
Public utility assessments............................. 2,779,400
Radiological health fees............................... 223,500
Real estate appraiser education fund................... 2,600
Real estate education fund............................. 11,000
Real estate enforcement fund........................... 11,300
Refined petroleum fund................................. 185,800
Restructuring mechanism assessments.................... 31,600
Retired engineers technical assistance program fund.... 7,000
Safety education and training fund..................... 850,800
Second injury fund..................................... 236,700
Securities fees........................................ 3,678,200
Securities investor education and training fund........ 9,200
Security business fund................................. 7,000
Self-insurers security fund............................ 120,300
Silicosis and dust disease fund........................ 102,300
Survey and remonumentation fund........................ 97,000
Tax tribunal fund...................................... 885,300
Utility consumer representation fund................... 54,000
Worker's compensation administrative revolving fund.... 103,800
State general fund/general purpose..................... $ 1,208,600
Sec. 103. ENERGY AND UTILITY PROGRAMS
Full-time equated classified positions.......... 208.0
Michigan agency for energy--26.0 FTE positions......... $ 7,132,800
Public service commission--182.0 FTE positions......... 31,879,000
GROSS APPROPRIATION.................................... $ 39,011,800
Appropriated from:
Federal revenues:
DOE - heating oil and propane.......................... 3,795,000
DOT - gas pipeline safety.............................. 2,212,800
Special revenue funds:
Public utility assessments............................. 31,332,300
Restructuring mechanism assessments.................... 620,900
Retired engineers technical assistance program fund.... 491,200
State general fund/general purpose..................... $ 559,600
Sec. 104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 143.0
Liquor licensing and enforcement--115.0 FTE positions.. $ 16,006,400
Management support services--28.0 FTE positions........ 4,518,400
GROSS APPROPRIATION.................................... $ 20,524,800
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 300,700
Liquor control enforcement and license investigation
revolving fund....................................... 175,000
Liquor license fee enhancement fund.................... 76,400
Liquor license revenue................................. 7,580,700
Liquor purchase revolving fund......................... 12,392,000
State general fund/general purpose..................... $ 0
Sec. 105. OCCUPATIONAL REGULATION
Full-time equated classified positions........ 1,143.9
Bureau of community and health systems--426.9 FTE
positions............................................ $ 63,085,000
Bureau of construction codes--182.0 FTE positions...... 23,839,300
Bureau of fire services--78.0 FTE positions............ 11,175,500
Bureau of professional licensing--206.0 FTE positions.. 39,834,200
Corporations, securities, and commercial licensing
bureau--118.0 FTE positions.......................... 15,431,400
Medical marihuana facilities licensing and tracking--
108.0 FTE positions.................................. 10,000,000
Medical marihuana program--25.0 FTE positions.......... 5,001,300
GROSS APPROPRIATION.................................... $ 168,366,700
Appropriated from:
Interdepartmental grant revenues:
IDG - MDE, child care licensing........................ 17,794,900
Federal revenues:
DHS - fire training systems............................ 28,000
DOT - hazardous materials training and planning........ 60,000
EPA - underground storage tanks........................ 804,400
HHS - Medicaid, certification of health care providers
and suppliers........................................ 8,379,900
HHS - Medicare, certification of health care providers
and suppliers........................................ 13,638,100
Special revenue funds:
Aboveground storage tank fees.......................... 206,800
Accountancy enforcement fund........................... 689,600
Boiler inspection fund................................. 3,399,700
Builder enforcement fund............................... 644,000
Construction code fund................................. 7,910,200
Corporation fees....................................... 7,143,500
Distance education fund................................ 355,500
Division on deafness fund.............................. 93,400
Elevator fees.......................................... 4,356,300
Fire alarm fees........................................ 130,100
Fire safety standard and enforcement fund.............. 40,400
Fire service fees...................................... 2,553,300
Fireworks safety fund.................................. 703,900
Health professions regulatory fund..................... 24,158,800
Health systems fees.................................... 3,792,200
Licensing and regulation fund.......................... 11,851,200
Liquor purchase revolving fund......................... 143,200
Marihuana registry fund................................ 5,001,300
Marihuana regulatory fund.............................. 10,500,000
Michigan unarmed combat fund........................... 76,900
Mobile home code fund.................................. 3,045,200
Nurse aide registration fund........................... 600,000
Nurse professional fund................................ 1,964,900
Nursing home administrative penalties.................. 100,000
PMECSEMA fund.......................................... 1,855,600
Private occupational school license fees............... 478,600
Property development fees.............................. 318,100
Real estate appraiser education fund................... 65,400
Real estate education fund............................. 345,400
Real estate enforcement fund........................... 704,400
Refined petroleum fund................................. 2,643,400
Securities fees........................................ 4,779,800
Securities investor education and training fund........ 502,300
Security business fund................................. 233,600
Survey and remonumentation fund........................ 864,900
State general fund/general purpose..................... $ 25,409,500
Sec. 106. EMPLOYMENT SERVICES
Full-time equated classified positions.......... 464.4
Bureau of employment relations--22.0 FTE positions..... $ 4,289,800
Bureau of services for blind persons--113.0 FTE
positions............................................ 24,931,000
Compensation supplement fund........................... 1,820,000
First responder presumed coverage fund claims.......... 5,245,000
Insurance funds administration--23.0 FTE positions..... 5,031,200
Michigan occupational safety and health
administration--197.0 FTE positions.................. 29,418,000
Radiation safety section--21.4 FTE positions........... 3,299,300
Wage and hour program--32.0 FTE positions.............. 3,826,100
Workers' compensation agency--56.0 FTE positions....... 8,177,000
GROSS APPROPRIATION.................................... $ 86,037,400
Appropriated from:
Federal revenues:
DED - vocational rehabilitation and independent living. 18,725,100
DOL - occupational safety and health................... 12,047,700
HHS - mammography quality standards.................... 513,300
Special revenue funds:
Local revenues - blind services........................ 100,000
Private revenues - blind services...................... 111,800
Asbestos abatement fund................................ 817,300
Corporation fees....................................... 9,619,100
First responder presumed coverage fund................. 5,445,000
Michigan business enterprise program fund.............. 327,800
Radiological health fees............................... 2,786,000
Safety education and training fund..................... 9,922,200
Second injury fund..................................... 2,627,000
Securities fees........................................ 8,807,300
Self-insurers security fund............................ 1,587,000
Silicosis and dust disease fund........................ 817,200
Worker's compensation administrative revolving fund.... 1,682,500
State general fund/general purpose..................... $ 10,101,100
Sec. 107. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 236.0
Michigan administrative hearing system--218.0 FTE
positions............................................ $ 38,607,100
Michigan compensation appellate commission--18.0 FTE
positions............................................ 4,649,000
GROSS APPROPRIATION.................................... $ 43,256,100
Appropriated from:
Interdepartmental grant revenues:
IDG revenues - administrative hearings and rules....... 25,561,600
IDG - MDTED, unemployment hearings..................... 4,306,700
Federal revenues:
DOL - occupational safety and health................... 153,900
Special revenue funds:
Construction code fund................................. 26,000
Corporation fees....................................... 4,026,000
Health professions regulatory fund..................... 392,800
Health systems fees.................................... 156,600
Licensing and regulation fund.......................... 849,200
Liquor purchase revolving fund......................... 967,000
Public utility assessments............................. 2,547,600
Safety education and training fund..................... 62,600
Securities fees........................................ 2,418,900
Tax tribunal fund...................................... 954,000
Worker's compensation administrative revolving fund.... 137,400
State general fund/general purpose..................... $ 695,800
Sec. 108. COMMISSIONS
Full-time equated classified positions........... 19.0
Asian Pacific American affairs commission--1.0 FTE
position............................................. $ 137,400
Commission on Middle Eastern American affairs--1.0 FTE
position............................................. 125,000
Hispanic/Latino commission of Michigan--1.0 FTE
position............................................. 288,300
Michigan indigent defense commission--16.0 FTE
positions............................................ 2,420,700
GROSS APPROPRIATION.................................... $ 2,971,400
Appropriated from:
State general fund/general purpose..................... $ 2,971,400
Sec. 109. DEPARTMENT GRANTS
Firefighter training grants............................ $ 2,000,000
Liquor law enforcement grants.......................... 8,400,000
Michigan indigent defense commission grants............ 61,300,000
Remonumentation grants................................. 7,300,000
Subregional libraries state aid........................ 451,800
Utility consumer representation........................ 750,000
GROSS APPROPRIATION.................................... $ 80,201,800
Appropriated from:
Special revenue funds:
Fireworks safety fund.................................. 2,000,000
Liquor license revenue................................. 8,400,000
Local indigent defense reimbursement................... 15,300,000
Survey and remonumentation fund........................ 7,300,000
Utility consumer representation fund................... 750,000
State general fund/general purpose..................... $ 46,451,800
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 21,815,300
GROSS APPROPRIATION.................................... $ 21,815,300
Appropriated from:
Federal revenues:
DED - vocational rehabilitation and independent living. 1,229,800
DOE - heating oil and propane.......................... 24,000
DOL - occupational safety and health................... 367,300
DOT - gas pipeline safety.............................. 45,000
EPA - underground storage tanks........................ 100,200
HHS - Medicaid, certification of health care providers
and suppliers........................................ 331,600
HHS - Medicare, certification of health care providers
and suppliers........................................ 630,400
Special revenue funds:
Aboveground storage tank fees.......................... 54,600
Accountancy enforcement fund........................... 1,100
Asbestos abatement fund................................ 55,400
Boiler inspection fund................................. 388,800
Construction code fund................................. 1,064,400
Corporation fees....................................... 3,676,100
Distance education fund................................ 11,600
Elevator fees.......................................... 431,100
Fire safety standard and enforcement fund.............. 3,000
Fire service fees...................................... 199,200
Fireworks safety fund.................................. 35,200
Health professions regulatory fund..................... 1,258,900
Health systems fees.................................... 233,800
Licensing and regulation fund.......................... 1,858,700
Liquor purchase revolving fund......................... 2,934,000
Marihuana registry fund................................ 301,700
Michigan unarmed combat fund........................... 6,800
Mobile home code fund.................................. 311,400
PMECSEMA fund.......................................... 178,600
Private occupational school license fees............... 21,900
Public utility assessments............................. 1,506,200
Radiological health fees............................... 143,300
Real estate appraiser education fund................... 1,000
Real estate education fund............................. 4,900
Refined petroleum fund................................. 170,800
Restructuring mechanism assessments.................... 40,100
Retired engineers technical assistance program fund.... 5,000
Safety education and training fund..................... 398,400
Second injury fund..................................... 474,100
Securities fees........................................ 1,108,700
Securities investor education and training fund........ 1,000
Self-insurers security fund............................ 348,700
Silicosis and dust disease fund........................ 138,400
Survey and remonumentation fund........................ 74,100
Tax tribunal fund...................................... 223,500
State general fund/general purpose..................... $ 1,422,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is $377,591,600.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $79,451,800.00. 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............................ $ 2,000,000
Liquor law enforcement grants.......................... 8,400,000
Michigan indigent defense commission grants............ 61,300,000
Remonumentation grants................................. 7,300,000
Subregional libraries state aid........................ 451,800
Total department of licensing and regulatory
affairs.............................................. $ 79,451,800
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "DED" means the United States Department of Education.
(b) "Department" means the department of licensing and
regulatory affairs.
(c) "DHHS" means the Michigan department of health and human
services.
(d) "DHS" means the United States Department of Homeland
Security.
(e) "DIFS" means the department of insurance and financial
services.
(f) "Director" means the director of the department.
(g) "DOE" means the United States Department of Energy.
(h) "DOL" means the United States Department of Labor.
(i) "DOT" means the United States Department of
Transportation.
(j) "EPA" means the United States Environmental Protection
Agency.
(k) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(l) "FOIA" means the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(m) "FTE" means full-time equated.
(n) "HHS" means the United States Department of Health and
Human Services.
(o) "IDG" means interdepartmental grant.
(p) "IT" means information technology.
(q) "MDE" means the Michigan department of education.
(r) "PMECSEMA" means pain management education and controlled
substances electronic monitoring and antidiversion.
(s) "Subcommittees" means the subcommittees of the house and
senate appropriations committees with jurisdiction over the budget
for the department.
(t) "TED" means the Michigan department of talent and economic
development.
Sec. 204. The department and agencies receiving appropriations
in this part and part 1 shall use the internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
Sec. 205. Funds appropriated in this part and 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. 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. 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. 206. 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. 207. (1) Out-of-state travel shall be limited to
situations when travel is approved by a departmental employee's
immediate supervisor and in which 1 or more of the following
conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) The department shall not approve the travel of more than 1
departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 individual from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
(3) Not later than January 1, the department shall prepare a
travel report listing 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 house
and senate appropriations committees, the fiscal agencies, and the
state budget director. The report shall include all of the
following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) 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.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 208. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, 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 must summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
must be transmitted to the chairpersons of the senate and house
appropriations committees and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget 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. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office 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, 2018 and September 30, 2019.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $57,167,300.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $26,355,100.00. Total agency appropriations for
retiree health care legacy costs are estimated at $30,812,200.00.
Sec. 215. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 218. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 219. The department shall not develop or produce any
television or radio productions.
Sec. 220. The department, in conjunction with the department
of health and human services, shall maintain an accounting
structure within this state's accounting system that will allow
expenditures associated with the administration of the Healthy
Michigan plan to be identified.
Sec. 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 fiscal agencies, and the state budget director
of pass-through funds appropriated under this section.
Sec. 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 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. 223. (1) The department may charge registration fees to
attendees of informational, training, or special events sponsored
by the department, and related to activates that are under the
department's preview.
(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. 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. 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(5)
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) Worker's compensation health care services rules.
(e) Construction code manuals.
(f) 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. 226. (1) No later than March 1, the department shall
submit a report to the subcommittees and fiscal agencies pertaining
to licensing and regulatory programs during the previous fiscal
year for the following agencies:
(a) Public service commission.
(b) Liquor control commission.
(c) Bureau of fire services.
(d) Bureau of construction codes.
(e) Corporations, securities, and commercial licensing bureau.
(f) Bureau of professional licensing.
(g) Bureau of community and health systems.
(h) Michigan occupational safety and health administration.
(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, as applicable, for each
agency in subsection (1):
(a) Revenue generated by and expenditures disbursed for each
regulatory product.
(b) Number of applications, both initial and renewal, for each
regulatory product.
(c) Number of applications, both initial and renewal, approved
for each regulatory product.
(d) Number of applications, both initial and renewal, denied
for each regulatory product.
(e) Average amount of time, both tolled and untolled, to
approve or deny applications, both initial and renewal, for each
regulatory product.
(f) Number of examinations proctored for initial applications
for each regulatory product.
(g) Number of complaints received pertaining to each regulated
activity.
(h) Number of investigations opened pertaining to each
regulated activity.
(i) Number of investigations closed pertaining to each
regulated activity.
(j) Average amount of time to close investigations pertaining
to each regulated activity.
(k) Number of enforcement actions pertaining to each regulated
activity.
(l) Number of administrative hearings pertaining to each
regulated activity.
(m) Number of administrative hearing adjudications pertaining
to each regulated activity.
(n) The type and amount of each fee charged to support each
regulated activity.
(3) As used in subsection (2), "regulatory product" means
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. 227. It is the intent of the legislature that the
department establish an employee performance monitoring process
that is consistent throughout the department in addition to current
civil service commission evaluations. By April 1, the department
shall submit a report to the state budget office, the
subcommittees, and the fiscal agencies on changes to the employee
performance monitoring process that are planned or implemented, as
well as the number of employee evaluations performed.
ENERGY AND UTILITY PROGRAMS
Sec. 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. 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, with priority directed toward
unlicensed out-of-state retailers and third-party marketers. 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. The liquor control
commission must refer all unlicensed out-of-state retailers and
third-party marketers identified with the shipping records to the
attorney general.
(2) By February 1, the liquor control commission shall provide
a report to the legislature and the subcommittees detailing the
commission's activities to investigate and audit the illegal
shipping of wine and the results of these activities. The report
must include the following:
(a) Work hours spent, specific actions undertaken, and the
number of FTEs dedicated to identify and stop 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, or number of
gallons 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.
(e) Number of unlicensed out-of-state entities found to have
illegally shipped wine into Michigan identified with the shipping
records under subsection (1).
(f) Number of notices sent under subsection (3).
(3) From the appropriations in part 1 from the direct shipper
enforcement fund, the liquor control commission shall send a notice
to each unlicensed out-of-state entity found to have illegally
shipped wine into Michigan that has been identified via the
shipping records under subsection (1). The notice must include all
of the following:
(a) Notification that shipping wine into Michigan by retailers
and third-party marketers is illegal, and wineries shipping into
Michigan must obtain a direct shipper license.
(b) Under section 909 of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1909, making unlawful shipments of wine
into Michigan may be a felony punishable by imprisonment for not
more than 4 years or a fine of not more than $5,000.00, or both.
(c) Notice that the matter has been referred to the attorney
general.
OCCUPATIONAL REGULATION
Sec. 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 Fee
$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. 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, 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. 503. No later than February 15, the department shall
submit a report to the subcommittees, fiscal agencies, and 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 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 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 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. 504. Funds remaining in the homeowner construction lien
recovery fund are appropriated to the department for payment of
court-ordered homeowner construction lien recovery fund judgments
entered prior to August 23, 2010. Pursuant to available funds, the
payment of final judgments shall be made in the order in which the
final judgments were entered and began accruing interest.
Sec. 505. The department shall submit a report by January 31
to the standing committees on appropriations of the senate and
house of representatives, the fiscal agencies, and the state budget
director that includes all of the following information for the
prior fiscal year regarding the medical marihuana program under the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to
333.26430:
(a) The number of initial applications received.
(b) The number of initial applications approved and the number
of initial applications denied.
(c) The average amount of time, from receipt to approval or
denial, to process an initial application.
(d) The number of renewal applications received.
(e) The number of renewal applications approved and the number
of renewal applications denied.
(f) The average amount of time, from receipt to approval or
denial, to process a renewal application.
(g) The percentage of initial applications not approved or
denied within the time requirements established in section 6 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(h) The percentage of renewal applications not approved or
denied within the time requirements established in section 6 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(i) The percentage of registry identification cards for
approved initial applications not issued within the time
requirements established in section 6 of the Michigan medical
marihuana act, 2008 IL 1, MCL 333.26426.
(j) The percentage of registry identification cards for
approved renewal applications not issued within the time
requirements established in section 6 of the Michigan medical
marihuana act, 2008 IL 1, MCL 333.26426.
(k) The number of registry identification cards issued to or
renewed for patients residing in each county as of September 30 of
the preceding fiscal year under the Michigan medical marihuana act,
2008 IL 1, MCL 333.26421 to 333.26430.
(l) The amount collected from the medical marihuana program
application and renewal fees authorized in section 5 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26425.
(m) The costs of administering the medical marihuana program
under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421
to 333.26430.
Sec. 506. If the revenue collected by the department for
health systems administration or 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. 507. No later than February 1, the department shall
submit a report to the subcommittees, 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. 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 fiscal agencies.
Sec. 509. (1) The department shall assess and collect fees in
the licensing and regulation of child care organizations, as
described in 1973 PA 116, MCL 722.111 to 722.128, and adult foster
care facilities, as described in the adult foster care facility
licensing act, 1979 PA 218, MCL 400.701 to 400.737.
(2) The department shall report the total amount of fees
assessed and collected under subsection (1) during the preceding
fiscal year to the fiscal agencies no later than December 1 and
shall provide information requested by the fiscal agencies as they
consider necessary to shift authorization equivalent to that amount
from the general fund/general purpose to a state restricted fund
within the department's budget for fiscal year 2019-2020.
Sec. 510. The department shall submit a report on the Michigan
automated prescription system to the senate and house
appropriations committees and the senate and house fiscal agencies
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. 511. From the amount appropriated in part 1 for the
bureau of community and health systems, 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.
Sec. 512. The department shall submit a report regarding the
medical marihuana facilities licensing and tracking program to the
standing committees on appropriations of the senate and house, the
senate and house fiscal agencies, and the state budget director by
March 1. The report shall include, but is not limited to, the
following:
(a) The number of initial license applications received for
each license category.
(b) The number of initial applications approved and the number
of initial license applications denied.
(c) The average amount of time, from receipt to approval or
denial, to process an initial application.
(d) The total number of license applications approved by
license category and by county.
(e) The total amount collected from application fees.
(f) The total amount collected from any established regulatory
assessment.
(g) The costs of administering the medical marihuana
facilities licensing and tracking program.
EMPLOYMENT SERVICES
Sec. 701. (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. 702. The bureau of services for blind persons shall work
collaboratively with service organizations and government entities
to identify qualified match dollars to maximize use of available
federal vocational rehabilitation funds.
Sec. 703. 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. 704. Funds received in excess of the appropriation in
part 1 for first responder presumed coverage claims from the first
responder presumed coverage fund are appropriated in an amount
sufficient to pay approved claims due in the current fiscal year
pursuant to section 405 of the worker's disability compensation act
of 1969, 1969 PA 317, MCL 418.405.
COMMISSIONS
Sec. 801. If Byrne Formula Grant Program funding is awarded to
the Michigan indigent defense commission, the Michigan indigent
defense commission may receive and expend Byrne Formula Grant
Program 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. 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.
Sec. 803. The Michigan indigent defense commission shall
identify and implement a system of performance metrics to assess
the provision of indigent defense services in Michigan relative to
national standards and benchmarks. The Michigan indigent defense
commission shall prepare an annual report to the governor, the
legislature, the Michigan supreme court, and the state budget
director on the performance metrics no later than September 30.
Sec. 804. The Michigan office for new Americans 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, 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. 805. An expenditure of funds appropriated in part 1 by
the Asian Pacific American affairs commission, the Commission on
Middle Eastern American affairs, or the Hispanic/Latino commission
of Michigan for a commission event must directly relate to the
mission statement of that commission.
DEPARTMENT GRANTS
Sec. 901. (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 firefighter 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,
it is the intent of the legislature that:
(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) No later than February 1, the department shall submit a
financial report to the subcommittees, the 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 firefighter
training council for allocation to each county.
(c) The amount of the payments actually expended or encumbered
within each county.
(d) A description of any other payments or expenditures made
under the authority of the firefighter 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.
Sec. 902. (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.
House Bill No. 5578 as amended April 24, 2018
ARTICLE XIV
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of military
and veterans affairs for the fiscal year ending September 30, 2019,
from the following funds:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 912.5
GROSS APPROPRIATION.................................... $ [189,977,600]
Interdepartmental grant and intradepartmental
transfer revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 101,800
ADJUSTED GROSS APPROPRIATION........................... $ [189,875,800]
Federal revenues:
Total federal revenues................................. 98,170,200
Special revenue funds:
Total local revenues................................... 1,545,400
Total private revenues................................. 630,000
Total other state restricted revenues.................. 23,279,500
State general fund/general purpose..................... $ [66,250,700]
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose............................................. [66,250,700]
One-time state general fund/general
purpose............................................ 0
Sec. 102. MILITARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 341.0
Unclassified salaries--9.0 FTE positions............... $ 1,497,700
Departmentwide......................................... 1,876,300
Headquarters and armories--86.0 FTE positions.......... 17,452,100
Michigan youth challeNGe academy--50.0 FTE positions... 5,323,000
Military family relief fund............................ 600,000
Military training sites and support facilities--203.0
FTE positions........................................ 34,911,300
National Guard operations.............................. 398,200
National Guard tuition assistance fund--2.0 FTE
positions............................................ 6,506,700
Starbase grant......................................... 2,322,000
GROSS APPROPRIATION.................................... $ 70,887,300
Appropriated from:
Interdepartmental grant and intradepartmental
transfer revenues:
IDG - state police..................................... 101,800
Total interdepartmental grants and intradepartmental
transfers............................................ 101,800
Federal revenues:
DOD-DOA-NGB............................................ 47,561,000
Federal counternarcotic revenues....................... 100,000
Total federal revenues................................. 47,661,000
House Bill No. 5578 as amended April 24, 2018
Special revenue funds:
Local school aid fund.................................. 1,545,400
Total local revenues................................... 1,545,400
Total private revenues................................. 90,000
Military family relief fund............................ 600,000
Billeting fund......................................... 1,517,800
Rental fees............................................ 165,400
Test project fees...................................... 50,000
Mackinac Bridge Authority.............................. 100,000
Total other state restricted revenues.................. 2,433,200
State general fund/general purpose..................... $ 19,055,900
Sec. 103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions.......... 224.5
Board of managers (veterans homes)..................... $ 940,000
County veteran service fund............................ [2,500,100]
D.J. Jacobetti home for veterans--179.5 FTE positions.. 20,455,500
D.J. Jacobetti home for veterans Centers for Medicare
and Medicaid Services certification.................. 2,120,000
Michigan veterans affairs agency administration--39.0
FTE positions........................................ 7,136,500
Michigan veterans facility authority................... 1,000,000
Targeted grants........................................ 200,000
Veterans service grants................................ 3,835,400
Veterans trust fund administration--6.0 FTE positions.. 1,480,100
Veterans trust fund grants............................. 3,746,500
GROSS APPROPRIATION.................................... $ [43,414,100]
Appropriated from:
House Bill No. 5578 as amended April 24, 2018
Federal revenues:
DVA-VHA................................................ 7,921,300
HHS-HCFA title XVIII, Medicare......................... 582,500
HHS-HCFA title XIX, Medicaid........................... 12,500
Total federal revenues................................. 8,516,300
Special revenue funds:
Total private revenues................................. 540,000
Military family relief fund............................ 400,000
Michigan veterans trust fund........................... 5,226,600
Michigan veterans engagement fund...................... 50,000
Income and assessments................................. 5,157,300
Total other state restricted revenues.................. 10,833,900
State general fund/general purpose..................... $ [23,523,900]
Sec. 104. GRAND RAPIDS HOME FOR VETERANS
Full-time equated classified positions.......... 347.0
Veterans home operations............................... $ 8,989,700
Purchased services..................................... 10,342,700
Salaries, wages, and fringe benefits--347.0 FTE
positions............................................ 31,536,800
GROSS APPROPRIATION.................................... $ 50,869,200
Appropriated from:
Federal revenues:
DVA-VHA................................................ 20,116,600
HHS-HCFA title XVIII, Medicare......................... 1,220,100
HHS-HCFA title XIX, Medicaid........................... 77,200
Total federal revenues................................. 21,413,900
Special revenue funds:
Income and assessments................................. 6,680,800
Lease revenue.......................................... 12,200
Total other state restricted revenues.................. 6,693,000
State general fund/general purpose..................... $ 22,762,300
Sec. 105. CAPITAL OUTLAY
Land and acquisitions.................................. $ 2,900,000
Special maintenance - National Guard................... 20,000,000
Special maintenance - veterans homes................... 500,000
GROSS APPROPRIATION.................................... $ 23,400,000
Appropriated from:
Federal revenues:
DOD-DOA-NGB............................................ 20,000,000
Total federal revenues................................. 20,000,000
Special revenue funds:
Michigan National Guard construction fund.............. 2,900,000
Total other state restricted revenues.................. 2,900,000
State general fund/general purpose..................... $ 500,000
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,407,000
GROSS APPROPRIATION.................................... $ 1,407,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 579,000
Special revenue funds:
Total other state restricted revenues.................. 419,400
State general fund/general purpose..................... $ 408,600
House Bill No. 5578 as amended April 24, 2018
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is [$89,530,200.00] and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is [$2,642,500.00]. The itemized statement
below identifies appropriations from which spending to local units
of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
[County veteran service fund .......................... $ 2,500,100]
Michigan veterans affairs agency administration........ $ 90,000
Military training sites and support facilities......... $ 52,400
TOTAL $ [2,642,500]
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Core services" means that term as defined in section 373
of the management and budget act, 1984 PA 431, MCL 18.1373.
(b) "Department" means the department of military and veterans
affairs.
(c) "Director" means the director of the department.
(d) "FTE" means full-time equated.
(e) "HVAC" means heating, ventilation, and air conditioning.
(f) "IDG" means interdepartmental grant.
(g) "Michigan veterans' facility authority" means the
authority created under section 3 of the Michigan veterans'
facility authority act, 2016 PA 560, MCL 36.103.
(h) "MVAA" means the Michigan veterans affairs agency.
(i) "Subcommittees" means the subcommittees of the senate and
house appropriations committees with jurisdiction over the budget
of the department.
(j) "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.
(k) "USDVA" means the United States Department of Veterans
Affairs.
(l) "USDVA-VHA" means the USDVA Veterans Health
Administration.
(m) "VSO" means veterans service organization.
(n) "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. 204. The department and agencies receiving appropriations
in part 1 shall use the internet to fulfill the reporting
requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
Sec. 205. 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. Preference must be given to goods
or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The 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 or supplies, or both.
Sec. 207. The department 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 department and agencies shall submit the
report 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. 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. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house
appropriations committees, the subcommittees, and the senate and
house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office 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, 2018 and September 30, 2019.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $17,509,500.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $8,072,200.00. Total agency appropriations for retiree
health care legacy costs are estimated at $9,437,300.00.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. The department shall provide quarterly reports to
the subcommittees on military and veterans affairs, 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. 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 status of performance metrics cited in
this part and information required to be reported in this part.
(d) The number of active employees at the close of the fiscal
quarter by job classification and program.
(e) Evidence of efficiencies and management of funds within
established appropriations.
Sec. 217. 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) Board of managers (veterans homes).
(l) Grand Rapids home for veterans.
(m) D.J. Jacobetti home for veterans.
(n) Michigan veterans' facility authority.
Sec. 218. 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. 219. 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 on
military and veterans affairs and the senate and house fiscal
agencies.
MILITARY
Sec. 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. These
positions include the following: department director - the adjutant
general for Michigan; assistant adjutant general - army; assistant
adjutant general - installations; assistant adjutant general - air;
senior policy executive - Michigan veterans affairs agency; senior
deputy director – state operations; director - strategy and policy;
chief executive officer for the Michigan veteran health system; and
director - Michigan veterans affairs agency.
(2) Not less than 30 days prior to the department submitting a
request for an additional unclassified employee position from the
civil service commission, or for any substantive change to the
duties of an existing unclassified employee position, the
department shall notify the subcommittees on military and veterans
affairs and the senate and house fiscal agencies.
Sec. 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
quarterly report 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 on military and veterans affairs,
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. 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 144 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. 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, as provided
under section 216 of this part.
(3) 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 as provided in
section 216 of this part.
Sec. 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 as
provided under section 216 of this part:
(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. 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. 307. (1) The department shall maintain a National Guard
tuition assistance program for members of the Michigan Army and Air
National Guard.
(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 Michigan Army and Air National Guard members participating in
the program to 1,100 during the fifth year of the program's
existence. 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) 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. 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.
MICHIGAN VETERANS AFFAIRS AGENCY
Sec. 401. The board of managers and Michigan veterans'
facility authority shall exercise certain regulatory and governance
authority regarding admission and member affairs at the Grand
Rapids and D.J. Jacobetti homes for veterans. The board of managers
shall also work to represent the interest of the veterans'
community in both advisory and advocacy roles.
Sec. 402. (1) The MVAA, the board of managers, and the
Michigan veterans' facility authority shall provide compassionate
and quality nursing and domiciliary care services at the Grand
Rapids and D.J. Jacobetti homes for veterans so that members can
achieve their highest potential of wellness, independence, self-
worth, and dignity.
(2) 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 the Grand Rapids and the D.J.
Jacobetti 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 and D.J. Jacobetti 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 competency evaluated nursing
assistants (CENA) 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 competency evaluated nursing
assistants to the Grand Rapids home for veterans shall ensure that
each CENA has at least 1 eight-hour shift of shadowing at the
veterans' home.
(7) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids home for veterans shall ensure that
each CENA is competent in the basic skills needed to perform his or
her assigned duties at the home.
(8) The Grand Rapids home for veterans 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 and the D.J. Jacobetti 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 board of
managers may specify a more frequent reporting period to the home
administrator, board of managers, 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 and the D.J. Jacobetti 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 Grand Rapids and D.J. Jacobetti homes for veterans
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 Grand Rapids and D.J. Jacobetti
homes for veterans shall provide all members and staff a safe and
secure environment.
(11) The Grand Rapids and D.J. Jacobetti homes for veterans
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 Grand Rapids and D.J. Jacobetti homes for veterans
shall implement controls over their food, maintenance supplies,
pharmaceuticals, and medical supplies inventories.
(13) The Grand Rapids and D.J. Jacobetti homes for veterans
shall establish sufficient controls for calculating resident member
maintenance assessments in order to accurately calculate resident
member maintenance assessments for each billing cycle. The Grand
Rapids and D.J. Jacobetti homes for veterans shall establish
sufficient controls to ensure that all past due resident member
maintenance assessments are addressed within 30 days.
(14) The Grand Rapids and D.J. Jacobetti homes for veterans
shall establish sufficient controls over monetary donations and
donated goods.
(15) The Grand Rapids and D.J. Jacobetti homes for veterans
shall implement sufficient controls over the handling of resident
member funds to ensure the release of funds within 3 business 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 10 business days of the
death of that resident member.
(16) The MVAA shall post on its website all policies adopted
by the board of managers, 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 and D.J. Jacobetti homes for veterans may
register complaints shall be displayed in high-traffic areas
throughout the home.
(18) The MVAA shall report its findings regarding the state
veterans' homes' compliance with the requirements and standards
under this section in a quarterly report to the legislature and the
state budget office. The quarterly reports shall include, but are
not limited to, all of the following information:
(a) Quality of care metrics, including:
(i) The number of patient care hours and staffing levels
measured against USDVA-VHA standards.
(ii) Sentinel events reported to the USDVA.
(iii) Fall and wound reports.
(iv) Complaint reports, including abuse and neglect complaints
and outcomes of complaint investigations.
(v) Additional minimum data set quality of care indicators
used to measure quality of care in long-term care facilities.
(b) Quarterly budget update.
(c) An accounting of resident member populations at the Grand
Rapids and D.J. Jacobetti homes for veterans as follows:
(i) By demographics, including period of service, gender, and
age.
(ii) By care setting, payment source, and associated revenue
projections.
(d) Updates related to the modernization of the Grand Rapids
and D.J. Jacobetti homes for veterans, including information
related to the following:
(i) Infrastructure/capital outlay improvements.
(ii) Information technology updates.
(iii) Financial management.
(e) Updates on corrective action status related to any audit
and survey findings until those findings have been fully addressed.
(19) The Grand Rapids and D.J. Jacobetti homes for veterans
shall provide to the subcommittees on military and veterans
affairs, the senate and house fiscal agencies, and the state budget
office the results of any annual or for-cause survey conducted by
the USDVA-VHA and any corresponding corrective action plan. This
information shall also be made available publicly through the
department's or MVAA's website.
(20) The MVAA shall provide to the legislature and the state
budget office quarterly reports regarding the status of Medicaid
certification efforts, including, but not limited to, descriptions
of incremental milestones, associated expenditures, and the
percentage of plan completed.
Sec. 403. (1) From the increased funds appropriated in part 1
for D.J. Jacobetti home for veterans and D.J. Jacobetti home for
veterans centers for Medicare and Medicaid services certification,
the department shall pursue compliance with current Centers for
Medicare and Medicaid Services certification standards. The purpose
of this expansion is to obtain Centers for Medicare and Medicaid
Services certification by October 1, 2018, to increase the ability
to fully utilize all federal funding available to cover the cost of
care of eligible veterans living at the D.J. Jacobetti home for
veterans, and to improve overall quality of care for all veterans
living at the D.J. Jacobetti home for veterans.
(2) If the department fails to achieve Centers for Medicare
and Medicaid Services certification by October 1, 2018, the
director shall submit a written report by October 12, 2018 to the
speaker of the house, the house minority leader, the senate
majority leader, the senate minority leader, the chairs of the
senate and house of representatives standing committees on
appropriations, and the chairs of the senate and house of
representatives appropriations subcommittees on the department of
military and veterans affairs. This report must provide detailed
information, which includes, but is not limited to, all of the
following:
(a) Reasons why the department failed to achieve Centers for
Medicare and Medicaid Services certification by the date provided
in subsection (1).
(b) A corrective action plan, which must include, but is not
limited to, the following:
(i) A new date, proposed by the director, for anticipated
Centers for Medicare and Medicaid Services certification.
(ii) All outstanding facility upgrades and personnel
requirements, with associated cost projections, necessary to
achieve Centers for Medicare and Medicaid Services certification by
the date proposed by the director in subparagraph (i).
(3) The department shall identify specific outcomes and
performance measures for this initiative, including, but not
limited to, the following:
(a) The quality of care to members of the D.J. Jacobetti home
for veterans shall increase as a result of increased direct care
staffing ratios.
(b) The quality of the care environment at the D.J. Jacobetti
home for veterans shall increase as a result of facility updates
made according to Medicaid specifications to increase members'
access to private and semi-private accommodations.
(c) The quality of care for members of the D.J. Jacobetti home
for veterans shall increase as a result of increased ability
efforts to implement long-term care, evidence-based best practices
at the D.J. Jacobetti home for veterans.
(d) The collection of available federal Medicaid revenue shall
increase as a result of Medicaid certification.
(e) The fiscal stability of the D.J. Jacobetti home for
veterans shall improve due to increased efforts to collect
available federal revenue.
Sec. 404. The department shall ensure that the quality of care
for members of the Grand Rapids and D.J. Jacobetti homes for
veterans shall exceed the current quality of care for the full
spectrum of health care services as a result of the upgrades made
to the homes to meet the Centers for Medicare and Medicaid Services
certification standards. The department shall provide a quarterly
report to the subcommittees, which contains evidence that the
quality of care for the full spectrum of health care services has
improved due to those upgrades.
Sec. 405. (1) The MVAA shall provide a report, as provided
under section 216 of this part, on the financial status of the
Michigan veterans' trust fund, including the number and amount of
emergency grants, state 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.
Sec. 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) Maintain the staffing partnerships and other resources
necessary to 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, as provided under section 216 of this
part, on the MVAA's performance on the performance measures,
outcomes, and initiatives developed by the agency in the strategic
plan required by section 501 of 2013 PA 9.
(f) Provide a report to the subcommittees on military and
veterans affairs, the senate and house fiscal agencies, and the
state budget office no later than April 1 providing, to the extent
known, data on the estimated number of homeless veterans, by
county, in this state.
(2) From the funds appropriated in part 1, the MVAA shall
provide for the regional coordination of services, as follows:
(a) Regional coordinators shall be selected by the MVAA
through a grant agreement with VSOs or by other means.
(b) Regional coordinators shall provide the following
services:
(i) Coordinate veteran benefit counselors' efforts throughout
a specified region.
(ii) Coordinate services with the department of health and
human services and the department of corrections.
(iii) Coordinate with regional workforce and economic
development agencies.
(iv) 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.
(c) The MVAA may work with MVAA service officers, regional
coordinators, 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.
(d) 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.
(e) 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.
(f) The MVAA shall ensure that all MVAA service officers, VSO
service officers, and regional coordinators 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 the following information as provided in section
216 of this part:
(i) The number of benefit claims, by type, submitted to the
USDVA by MVAA and coalition partner veteran service officers.
(ii) The number of fully developed claims submitted to the
USDVA, with an overall goal of 40% of benefit claims submitted that
are considered fully developed by the USDVA.
(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 as provided in section 216 of this part on the number
and percentage of county veterans counselors requesting training by
the MVAA, with an overall goal of 100% of county veterans
counselors trained.
(5) From the funds appropriated in part 1 for MVAA operations,
the MVAA shall provide grant assistance to enhance the capacity and
capabilities of counties in providing benefit claims assistance.
These funds must be used to continue the implementation of an
internet-based data system, to increase the number of county
veterans counselors, and to increase the number of counties that
provide service to veterans through county veterans counselors. The
MVAA shall provide a report, as provided in section 216 of this
part, on the expenditures and activities of the grant funds
directed by this subsection.
(6) 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. 407. (1) The MVAA shall disburse VSO grants to achieve
agency goals and performance objectives in partnership with the
VSOs. Grants to VSOs will be disbursed to fund programs and
projects which are determined by the agency to meet agency
performance objectives and ensure that VSOs communicate the
availability of emergency grants through the Michigan veterans'
trust fund. In disbursing veterans service organization grants, the
MVAA shall do the following:
(a) Ensure that each VSO that receives grants is issued
performance standards.
(b) Ensure that each VSO that receives grant funds uses those
funds for veterans advocacy and outreach.
(c) Monitor the performance of each VSO that receives grants.
(d) Ensure that each VSO that receives grant funds report
annually on services provided to veterans and accounts for all
grant fund expenditures.
(e) Require that each VSO that receives grant funds report
annually on the number of claims processed. Of the total number of
claims processed by each VSO that receives grant funds, a VSO must
include in the annual report the number of VSO initiated claims and
the number of claims initiated by local units of government and
which local unit of government initiated each claim.
(f) Promulgate monthly benchmark requirements that each VSO
that receives grant funds must meet, based upon appropriations and
service region, and require each VSO that receives grant funds to
report this data monthly to the MVAA, in order to ensure that each
VSO that receives grant funds meet MVAA veteran service goals.
(g) Validate the accuracy of claims activity reported by each
VSO that receives grant funds, and report, as provided in section
216 of this part, all inaccurate claims activity reported by each
VSO that receives grant funds.
(h) Ensure that each VSO that receives grant funds adhere to
the MVAA approved schedule of operations, and report, as provided
in section 216 of this part, all schedule discrepancies as well as
VSO reported explanations for each discrepancy and any corrective
action necessary to ensure adherence to the approved schedule of
operations.
(2) Veterans service organization grants awarded 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 a fixed hourly service rate of $34.00 per
hour.
(c) A specified number of service hours within each geographic
region of this state, with a statewide goal based on both
appropriations for the fiscal year ending September 30, 2019 for
the VSO grant program and the fixed hourly service rate under
subsection (2)(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 the following information as
provided in section 216 of this part:
(a) A summary of activities supported through the
appropriation in part 1 for VSO grants, including, separately for
each service region, 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.
(b) The number of fully developed claims, by type, submitted
to the USDVA by VSOs, with an overall goal of 40% of benefit claims
submitted that are considered fully developed by the USDVA.
Sec. 408. (1) 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.
(2) No later than December 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 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 to its original amount of at least
$50,000,000.00.
(3) Any funds not expended or encumbered at the end of the
current fiscal year shall be deposited into the Michigan veterans'
trust fund corpus.
CAPITAL OUTLAY
Sec. 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 as provided under section 216 of this part.
Sec. 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 quarterly report as
provided under section 216 of this part 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. 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 402 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 MVAA shall provide a quarterly report as provided
under section 216 of this part providing information on the status,
projected costs, and projected completion date of current and
planned special maintenance projects at the Grand Rapids home for
veterans and D.J. Jacobetti home for veterans funded from capital
outlay appropriations made in part 1 and in prior appropriations
years.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 601. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2020 for
the line items listed in part 1. The fiscal year 2019-2020
appropriations are anticipated to be the same as those for fiscal
year 2018-2019, excluding appropriations designated as one-time
appropriations and adjusting for changes in caseload and related
costs, federal fund match rates, economic factors, and available
revenue. These adjustments will be determined after the January
2019 consensus revenue estimating conference.
Sec. 602. The veterans affairs agency shall provide the
percentage of Michigan veterans contacted, with a goal of 100%, and
report upon those outreach findings to the subcommittees on
military and veterans affairs at quarterly legislative hearings.
Sec. 603. The veterans affairs agency shall maintain a minimum
50% fully developed claims as determined by the USDVA.
ARTICLE XV
DEPARTMENT OF NATURAL RESOURCES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of natural
resources for the fiscal year ending September 30, 2019, from the
following funds:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,322.3
GROSS APPROPRIATION.................................... $ 436,105,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 232,200
ADJUSTED GROSS APPROPRIATION........................... $ 435,873,100
Federal revenues:
Total federal revenues................................. 81,731,600
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 7,431,400
Total other state restricted revenues.................. 299,965,800
State general fund/general purpose..................... $ 46,744,300
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,322.3
GROSS APPROPRIATION.................................... $ 436,105,300
Interdepartmental grant revenues:
IDG, land acquisition services-to-work orders.......... 232,200
Total interdepartmental grants and intradepartmental
transfers............................................ 232,200
ADJUSTED GROSS APPROPRIATION........................... $ 435,873,100
Federal revenues:
Federal funds.......................................... 78,038,100
Federal national forest timber fund.................... 900,000
Michigan state waterways fund, federal................. 2,473,500
State park improvement, federal........................ 320,000
Total federal revenues................................. 81,731,600
Special revenue funds:
Private funds.......................................... 7,431,400
Total private revenues................................. 7,431,400
Cervidae licensing and inspection fees................. 138,800
Commercial forest fund................................. 26,600
Deer habitat reserve................................... 2,153,300
Fire equipment fund.................................... 668,700
Fisheries settlement................................... 629,200
Forest development fund................................ 41,571,200
Forest land user charges............................... 257,700
Forest recreation account.............................. 1,976,200
Game and fish protection fund.......................... 75,210,400
Great Lakes protection fund............................ 529,500
Invasive species fund.................................. 100
Land exchange facilitation fund........................ 5,021,400
Local public recreation facilities fund................ 1,876,100
Mackinac Island State Park fund........................ 1,605,600
Mackinac Island State Park operation fund.............. 128,500
MacMullan Conference Center account.................... 1,169,800
Marine safety fund..................................... 3,752,400
Michigan heritage publications fund.................... 22,300
Michigan historical center operations fund............. 807,300
Michigan natural resources trust fund.................. 1,329,100
Michigan state parks endowment fund.................... 26,856,800
Michigan state waterways fund.......................... 28,447,800
Michigan trailways fund................................ 200
Nongame wildlife fund.................................. 486,200
Off-road vehicle safety education fund................. 203,700
Off-road vehicle trail improvement fund................ 8,397,300
Park improvement fund.................................. 64,356,300
Park improvement fund - Belle Isle subaccount.......... 800,200
Permanent snowmobile trail easement fund............... 700,000
Public use and replacement deed fees................... 28,200
Recreation improvement account......................... 1,538,200
Recreation passport fees............................... 12,348,600
Snowmobile registration fee revenue.................... 1,198,500
Snowmobile trail improvement fund...................... 10,146,500
Sportsmen against hunger fund.......................... 77,500
Turkey permit fees..................................... 1,026,900
Waterfowl fees......................................... 120,800
Waterfowl hunt stamp................................... 1,000,000
Wildlife management public education fund.............. 2,100,000
Wildlife resource protection fund...................... 1,159,200
Youth hunting and fishing education and outreach fund.. 98,700
Total other state restricted revenues.................. 299,965,800
State general fund/general purpose..................... $ 46,744,300
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 121.1
Unclassified salaries--6.0 FTE positions............... $ 792,200
Accounting service center.............................. 1,508,600
Executive direction--11.6 FTE positions................ 2,187,600
Finance and operations--105.5 FTE positions............ 16,802,500
Gifts and pass-through transactions.................... 5,000,000
Legal services--4.0 FTE positions...................... 560,700
Natural resources commission........................... 77,100
Property management.................................... 3,875,300
GROSS APPROPRIATION.................................... $ 30,804,000
Appropriated from:
Interdepartmental grant revenues:
IDG, land acquisition services-to-work orders.......... 232,200
Federal revenues:
Federal funds.......................................... 346,100
Special revenue funds:
Private funds.......................................... 5,000,000
Deer habitat reserve................................... 159,500
Forest development fund................................ 2,870,400
Forest land user charges............................... 7,700
Forest recreation account.............................. 53,600
Game and fish protection fund.......................... 7,196,400
Land exchange facilitation fund........................ 4,944,000
Local public recreation facilities fund................ 201,100
Marine safety fund..................................... 801,300
Michigan natural resources trust fund.................. 1,306,800
Michigan state parks endowment fund.................... 1,324,100
Michigan state waterways fund.......................... 789,400
Nongame wildlife fund.................................. 13,900
Off-road vehicle safety education fund................. 700
Off-road vehicle trail improvement fund................ 207,600
Park improvement fund.................................. 1,797,100
Public use and replacement deed fees................... 28,200
Recreation improvement account......................... 84,700
Snowmobile registration fee revenue.................... 50,000
Snowmobile trail improvement fund...................... 126,500
Sportsmen against hunger fund.......................... 500
Turkey permit fees..................................... 79,400
Waterfowl fees......................................... 3,400
Wildlife resource protection fund...................... 42,600
State general fund/general purpose..................... $ 3,136,800
Sec. 103. DEPARTMENT INITIATIVES
Full-time equated classified positions........... 37.0
Great Lakes restoration initiative--11.0 FTE positions. $ 11,339,900
Invasive species prevention and control--14.0 FTE
positions............................................ 5,048,000
Michigan conservation corps............................ 1,000,000
Office of the Great Lakes--12.0 FTE positions.......... 2,237,800
GROSS APPROPRIATION.................................... $ 19,625,700
Appropriated from:
Special revenue funds:
Federal funds.......................................... 12,143,600
Special revenue funds:
Great Lakes protection fund............................ 504,500
State general fund/general purpose..................... $ 6,977,600
Sec. 104. COMMUNICATION AND CUSTOMER SERVICES
Full-time equated classified positions.......... 135.3
Marketing and outreach--80.8 FTE positions............. $ 13,978,700
Michigan historical center--54.5 FTE positions......... 6,134,900
Michigan wildlife council.............................. 2,100,000
GROSS APPROPRIATION.................................... $ 22,213,600
Appropriated from:
Federal revenues:
Federal funds.......................................... 1,337,100
State park improvement, federal........................ 320,000
Special revenue funds:
Private funds.......................................... 396,200
Forest development fund................................ 134,100
Forest recreation account.............................. 16,400
Game and fish protection fund.......................... 8,400,800
Land exchange facilitation fund........................ 46,800
Marine safety fund..................................... 36,000
Michigan heritage publications fund.................... 22,300
Michigan historical center operations fund............. 807,300
Michigan state parks endowment fund.................... 90,400
Michigan state waterways fund.......................... 150,000
Nongame wildlife fund.................................. 10,800
Off-road vehicle trail improvement fund................ 38,400
Park improvement fund.................................. 2,857,600
Recreation passport fees............................... 28,200
Snowmobile registration fee revenue.................... 19,400
Snowmobile trail improvement fund...................... 45,600
Sportsmen against hunger fund.......................... 76,400
Wildlife management public education fund.............. 2,100,000
Youth hunting and fishing education and outreach fund.. 96,700
State general fund/general purpose..................... $ 5,183,100
Sec. 105. WILDLIFE DIVISION
Full-time equated classified positions.......... 230.5
Natural resources heritage--9.0 FTE positions.......... $ 634,900
Wildlife and fisheries health study.................... 114,900
Wildlife management--221.5 FTE positions............... 44,917,900
GROSS APPROPRIATION.................................... $ 45,667,700
Appropriated from:
Federal revenues:
Federal funds.......................................... 25,368,800
Special revenue funds:
Private funds.......................................... 315,700
Cervidae licensing and inspection fees................. 85,400
Deer habitat reserve................................... 1,732,200
Forest development fund................................ 77,600
Game and fish protection fund.......................... 12,063,600
Nongame wildlife fund.................................. 431,000
Turkey permit fees..................................... 913,700
Waterfowl fees......................................... 114,100
State general fund/general purpose..................... $ 4,565,600
Sec. 106. FISHERIES DIVISION
Full-time equated classified positions.......... 223.5
Aquatic resource mitigation--2.0 FTE positions......... $ 629,300
Cormorant population mitigation program................ 150,000
Fish production--63.0 FTE positions.................... 10,328,900
Fisheries resource management--158.5 FTE positions..... 21,063,600
GROSS APPROPRIATION.................................... $ 32,171,800
Appropriated from:
Federal revenues:
Federal funds.......................................... 11,402,200
Special revenue funds:
Private funds.......................................... 136,700
Fisheries settlement................................... 629,200
Game and fish protection fund.......................... 19,330,400
Invasive species fund.................................. 100
State general fund/general purpose..................... $ 673,200
Sec. 107. LAW ENFORCEMENT
Full-time equated classified positions.......... 291.0
General law enforcement--291.0 FTE positions........... $ 43,984,200
GROSS APPROPRIATION.................................... $ 43,984,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 6,588,300
Special revenue funds:
Cervidae licensing and inspection fees................. 53,400
Forest development fund................................ 45,400
Forest recreation account.............................. 72,800
Game and fish protection fund.......................... 19,722,800
Marine safety fund..................................... 1,345,700
Michigan state parks endowment fund.................... 71,400
Michigan state waterways fund.......................... 21,700
Off-road vehicle safety education fund................. 156,200
Off-road vehicle trail improvement fund................ 2,004,000
Park improvement fund.................................. 72,800
Snowmobile registration fee revenue.................... 721,600
Wildlife resource protection fund...................... 1,074,500
State general fund/general purpose..................... $ 12,033,600
Sec. 108. PARKS AND RECREATION DIVISION
Full-time equated classified positions.......... 938.4
Forest recreation and trails--56.6 FTE positions....... $ 6,346,900
MacMullan Conference Center--15.0 FTE positions........ 1,169,800
Recreational boating--173.0 FTE positions.............. 19,599,500
State parks--693.8 FTE positions....................... 72,086,600
State park improvement revenue bonds - debt service.... 1,195,700
GROSS APPROPRIATION.................................... $ 100,398,500
Appropriated from:
Federal revenues:
Federal funds.......................................... 141,300
Michigan state waterways fund, federal................. 1,630,500
Special revenue funds:
Private funds.......................................... 427,900
Forest recreation account.............................. 1,791,400
MacMullan Conference Center account.................... 1,169,800
Michigan state parks endowment fund.................... 21,307,600
Michigan state waterways fund.......................... 18,445,900
Michigan trailways fund................................ 100
Off-road vehicle safety education fund................. 7,200
Off-road vehicle trail improvement fund................ 1,468,700
Park improvement fund.................................. 48,255,500
Park improvement fund - Belle Isle subaccount.......... 800,200
Recreation improvement account......................... 497,500
Recreation passport fees............................... 320,400
Snowmobile registration fee revenue.................... 15,800
Snowmobile trail improvement fund...................... 1,609,600
State general fund/general purpose..................... $ 2,509,100
Sec. 109. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions........... 17.0
Historical facilities system--13.0 FTE positions....... $ 1,705,600
Mackinac Island State Park operations--4.0 FTE
positions............................................ 334,400
GROSS APPROPRIATION.................................... $ 2,040,000
Appropriated from:
Special revenue funds:
Mackinac Island State Park fund........................ 1,605,600
Mackinac Island State Park operation fund.............. 128,500
State general fund/general purpose..................... $ 305,900
Sec. 110. FOREST RESOURCES DIVISION
Full-time equated classified positions.......... 328.5
Adopt-a-forest program................................. $ 25,000
Cooperative resource programs--11.0 FTE positions...... 1,567,900
Forest fire equipment.................................. 931,500
Forest management and timber market development--176.0
FTE positions........................................ 31,721,400
Forest management initiatives--8.5 FTE positions....... 874,900
Minerals management--19.0 FTE positions................ 2,881,000
Wildfire protection--114.0 FTE positions............... 14,028,600
GROSS APPROPRIATION.................................... $ 52,030,300
Appropriated from:
Federal revenues:
Federal funds.......................................... 3,401,400
Federal national forest timber fund.................... 900,000
Special revenue funds:
Private funds.......................................... 1,054,900
Commercial forest fund................................. 24,500
Fire equipment fund.................................... 668,700
Forest development fund................................ 33,314,700
Forest land user charges............................... 226,100
Game and fish protection fund.......................... 1,966,500
Michigan state parks endowment fund.................... 2,708,500
Michigan state waterways fund.......................... 51,600
State general fund/general purpose..................... $ 7,713,400
Sec. 111. GRANTS
Coastal management grants.............................. $ 1,250,000
Dam management grant program........................... 350,000
Deer habitat improvement partnership initiative........ 200,000
Federal - clean vessel act grants...................... 400,000
Federal - forest stewardship grants.................... 2,000,000
Federal - land and water conservation fund payments.... 2,566,900
Federal - rural community fire protection.............. 400,000
Federal - urban forestry grants........................ 900,000
Fisheries habitat improvement grants................... 1,250,000
Grants to communities - federal oil, gas, and timber
payments............................................. 3,450,000
Grants to counties - marine safety..................... 3,074,700
National recreational trails........................... 3,900,000
Nonmotorized trail development and maintenance grants.. 350,000
Off-road vehicle safety training grants................ 29,200
Off-road vehicle trail improvement grants.............. 4,656,800
Recreation improvement fund grants..................... 907,100
Recreation passport local grants....................... 1,675,000
Snowmobile law enforcement grants...................... 380,100
Snowmobile local grants program........................ 8,090,400
Trail easements........................................ 700,000
Wildlife habitat improvement grants.................... 1,500,000
GROSS APPROPRIATION.................................... $ 38,030,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 16,434,300
Special revenue funds:
Private funds.......................................... 100,000
Deer habitat reserve................................... 200,000
Game and fish protection fund.......................... 2,750,000
Local public recreation facilities fund................ 1,675,000
Marine safety fund..................................... 1,407,300
Off-road vehicle safety education fund................. 29,200
Off-road vehicle trail improvement fund................ 4,656,800
Permanent snowmobile trail easement fund............... 700,000
Recreation improvement account......................... 907,100
Snowmobile registration fee revenue.................... 380,100
Snowmobile trail improvement fund...................... 8,090,400
State general fund/general purpose..................... $ 700,000
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 10,458,700
GROSS APPROPRIATION.................................... $ 10,458,700
Appropriated from:
Special revenue funds:
Commercial forest fund................................. 2,100
Deer habitat reserve................................... 61,600
Forest development fund................................ 1,629,000
Forest land user charges............................... 23,900
Forest recreation account.............................. 42,000
Game and fish protection fund.......................... 3,779,900
Great Lakes protection fund............................ 25,000
Land exchange facilitation fund........................ 30,600
Marine safety fund..................................... 162,100
Michigan natural resources trust fund.................. 22,300
Michigan state parks endowment fund.................... 1,354,800
Michigan state waterways fund.......................... 489,200
Michigan trailways fund................................ 100
Nongame wildlife fund.................................. 30,500
Off-road vehicle safety education fund................. 10,400
Off-road vehicle trail improvement fund................ 21,800
Park improvement fund.................................. 1,373,300
Recreation improvement account......................... 48,900
Snowmobile registration fee revenue.................... 11,600
Snowmobile trail improvement fund...................... 74,400
Sportsmen against hunger fund.......................... 600
Turkey permit fees..................................... 33,800
Waterfowl fees......................................... 3,300
Wildlife resource protection fund...................... 42,100
Youth hunting and fishing education and outreach....... 2,000
State general fund/general purpose..................... $ 1,183,400
Sec. 113. CAPITAL OUTLAY
(a) RECREATIONAL LANDS AND INFRASTRUCTURE
Forest development infrastructure...................... $ 3,500,000
State parks repair and maintenance..................... 23,500,000
Wetlands restoration, enhancement, and acquisition..... 1,000,000
GROSS APPROPRIATION.................................... $ 28,000,000
Appropriated from:
Special revenue funds:
Forest development fund................................ 3,500,000
Park improvement fund.................................. 10,000,000
Recreation passport fees............................... 12,000,000
Waterfowl hunt stamp................................... 1,000,000
State general fund/general purpose..................... $ 1,500,000
(b) WATERWAYS BOATING PROGRAM
State harbors and boating access sites:
East Tawas state harbor, Iosco County, harbormaster
building and site improvements, phase III (total
authorized cost is increased from $5,920,000 to
$6,670,000; federal share is $1,650,000; state share
is increased from $4,270,000 to $5,020,000).......... $ 750,000
Elmwood Township Marina, Leelanau County, marina
improvements (total authorized cost is $1,202,200;
state share is $601,100; local share is $601,100).... 601,100
Local boating infrastructure maintenance and
improvements......................................... 1,729,500
Ottawa Beach Marina, Ottawa County, marina
improvements (total authorized cost is $1,314,800;
federal share is $643,000; local share is $671,800).. 643,000
Presque Isle Marina, Marquette County, marina
improvements (total authorized cost is $1,123,800;
state share is $541,900; local share is $581,900).... 541,900
State boating infrastructure maintenance............... 5,952,500
GROSS APPROPRIATION.................................... $ 10,218,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 875,000
Michigan state waterways fund, federal................. 843,000
Special revenue funds:
Michigan state waterways fund.......................... 8,500,000
State general fund/general purpose..................... $ 0
Sec. 114. ONE-TIME APPROPRIATIONS
Grand River dredging project........................... $ 100
Local public recreation development grant.............. 142,500
Local public recreation planning grant................. 120,000
Snowmobile trail groomer pilot......................... 200,000
GROSS APPROPRIATION.................................... $ 462,600
Appropriated from:
Special revenue funds:
Snowmobile trail improvement fund...................... 200,000
State general fund/general purpose..................... $ 262,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is $346,710,100.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $7,975,200.00. The itemized statement
below identifies appropriations from which spending to local units
of government will occur:
DEPARTMENT OF NATURAL RESOURCES
GRANTS
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.. 175,000
Off-road vehicle safety training grants................ 29,200
Off-road vehicle trail improvement grants.............. 632,900
Recreation improvement fund grants..................... 90,700
Recreation passport local grants....................... 1,675,000
Snowmobile law enforcement grants...................... 380,100
Wildlife habitat improvement grants.................... 150,000
Elmwood Township Marina, Leelanau County............... 601,100
Local boating infrastructure maintenance and
improvements......................................... 1,729,500
Presque Isle Marina, Marquette County.................. 541,900
Local public recreation development grant.............. 142,500
Local public recreation planning grant................. 120,000
TOTAL.................................................. $ 7,975,200
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "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. 204. The departments and agencies receiving
appropriations in part 1 shall use the internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
Sec. 205. 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. 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. 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. 206. 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. 207. 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 total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 208. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, 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. 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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget 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. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office 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, 2018 and September 30, 2019.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are $47,662,000.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$21,973,000.00. Total agency appropriations for retiree health care
legacy costs are estimated at $25,689,000.00.
Sec. 215. Appropriations of state restricted game and fish
protection funds have been made in the following amounts to the
following departments and agencies:
Legislative auditor general............................ $ 32,000
Attorney general....................................... 766,300
Department of technology, management, and budget....... 482,100
Department of treasury................................. 3,016,200
Sec. 216. 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, 2019.
Sec. 218. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 220. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 221. From the funds appropriated in part 1 for finance
and operations, $35,000.00 is designated to reimburse qualifying
costs related to lake level assessments.
DEPARTMENT INITIATIVES
Sec. 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.
DEPARTMENT SUPPORT SERVICES
Sec. 302. The department may charge land acquisition projects
appropriated for the fiscal year ending September 30, 2019, 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. 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 324.2162. The fees shall be set by the
director at a rate that allows the department to recover its costs
for providing these services.
COMMUNICATION AND CUSTOMER SERVICES
Sec. 405. As appropriated in part 1, proceeds in excess of
costs incurred in the conduct of auctions, sales, or transfers of
artifacts no longer considered suitable for the collections of the
state historical museum may be expended upon receipt for additional
material for the collection. The department shall notify the
chairpersons, vice chairpersons, and minority vice chairpersons of
the senate and house appropriations subcommittees on natural
resources 1 week prior to any auctions or sales. Any unexpended
funds may be carried forward into the next succeeding fiscal year.
Sec. 406. As appropriated in part 1, funds collected by the
department for historical markers; document reproduction and
services; conferences, admissions, workshops, and training classes;
and the use of specialized equipment, facilities, exhibits,
collections, and software shall be used for expenses necessary to
provide the required services. The department may charge fees for
the aforementioned services, including admission fees. Any
unexpended funds may be carried forward into the next succeeding
fiscal year.
Sec. 408. By October 21, 2018, the department shall submit to
the senate and house appropriations subcommittees on natural
resources a report on all land transactions approved by the natural
resources commission in the fiscal year ending September 30, 2018.
For each land transaction, the report shall include the size of the
parcel, the county and municipality in which the parcel is located,
the dollar amount of the transaction, the fund source affected by
the transaction, and whether the transaction is by purchase, public
auction, transfer, exchange, or conveyance.
WILDLIFE DIVISION
Sec. 503. From the funds appropriated in part 1, the
department shall produce a report detailing any efforts undertaken
to enforce the invasive species order on swine raised under the
husbandry of residents of this state. The report shall include fund
sources used and the amount of expenditures and shall be submitted
to the legislature by December 31, 2018.
Sec. 504. From the funds appropriated in part 1, the
department shall provide a report to the legislature on the use of
registration fees collected from privately owned cervid operations.
Appropriations in part 1 from cervidae licensing and inspection
fees shall not be used for anything other than work directly
related to the regulation of privately owned cervid operations in
this state.
Sec. 505. (1) From the funds appropriated in part 1 for
wildlife and fisheries health study, the department shall
investigate the effect of PFAS contamination on Michigan's wildlife
and fisheries populations.
(2) As used in this section, "PFAS" means perfluoroalkyl and
polyfluoroalkyl substances.
FISHERIES DIVISION
Sec. 601. (1) From the appropriation in part 1 for aquatic
resource mitigation, not more than $758,000.00 shall be allocated
for grants to watershed councils, resource development councils,
soil conservation districts, local governmental units, and other
nonprofit organizations for stream habitat stabilization and soil
erosion control.
(2) The fisheries division in the department shall develop
priority and cost estimates for all projects recommended for grants
under subsection (1).
Sec. 602. As a condition of expenditure of fisheries
management appropriations under part 1, the department of natural
resources shall not impede the certification process for water
control structures on Michigan waterways. The department of natural
resources shall fund from funds appropriated in part 1 all non-
water-quality studies or requirements that the department requests
of either of the following:
(a) The department of environmental quality as a condition for
issuance of a certification under section 401 of the federal water
pollution control act, 33 USC 1341.
(b) The Federal Energy Regulatory Commission as a condition of
licensing under the federal power act, 16 USC 791a to 825r.
Sec. 603. The department shall provide an annual report to the
legislature on use of funding provided for cormorant management.
The department shall use general fund/general purpose revenue for
this purpose and submit revenue appropriated in part 1 for
cormorant management to the United States Department of Agriculture
Animal and Plant Health Inspection Service to allow for increased
taking of cormorants and their nests. If any funds appropriated for
cormorant management are retained by the department, or other funds
become available for this purpose, the department shall use those
funds to harass cormorants with the goal of reducing foraging
attempts on fish populations.
FOREST RESOURCES DIVISION
Sec. 802. From the funds appropriated in part 1, the
department shall provide quarterly reports on the number of acres
of state forestland marked or treated 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. 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,
2018, of the expenditures under this section during the fiscal year
ending September 30, 2018.
Sec. 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 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.
Sec. 808. (1) From the increased funds appropriated in part 1
for forest management and timber market development, the department
shall increase the harvest of timber on state forestlands. The
purpose of this program expansion is to expand the forest products
economy.
(2) The department shall identify specific outcomes and
performance metrics for this initiative, such as increasing the
number of acres prepared for timber sale.
Sec. 809. From the funds appropriated in part 1 for
cooperative resource programs, $25,000.00 is designated for the
Wayne County soil mapping program.
LAW ENFORCEMENT
Sec. 902. The department shall provide a report on the marine
safety grant program to the senate and house appropriations
subcommittees on natural resources and the senate and house fiscal
agencies by December 1, 2018. The report shall include the
following information for the preceding year: the total amount of
revenue received for watercraft registrations, the amount deposited
into the marine safety fund, and the expenditures made from the
marine safety fund, including the amounts expended for department
administration, other state agencies, the law enforcement division,
and grants to counties. The report shall also include the
distribution methodology used by the department to distribute the
marine safety grants and a list of the grants and the amounts
awarded by county.
GRANTS
Sec. 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, 2018, 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, 2018.
Sec. 1002. From the funds appropriated in part 1 for off-road
vehicle trail improvement grants, $35,000.00 is designated to
reimburse local units of government for costs related to seasonal
law enforcement at Silver Lake.
CAPITAL OUTLAY
Sec. 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.
ONE-TIME BASIS ONLY APPROPRIATIONS
Sec. 1202. The funds appropriated in part 1 for the Grand
River dredging project shall be used to conduct a study on the
depth of the Grand River from Lake Michigan to the city of Grand
Rapids and the cost of dredging that section of the river to a
depth sufficient for recreational boat traffic.
Sec. 1203. From the funds appropriated in part 1 for local
public recreation development grant, the department shall provide a
grant to a local unit of government for the development of a boat
launch at Long Lake in Alpena County.
Sec. 1204. From the funds appropriated in part 1 for local
public recreation planning grant, the department shall provide a
grant to a local unit of government for planning and development
costs at Grindstone Harbor in Huron County.
ARTICLE XVI
DEPARTMENT OF STATE POLICE
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of state
police for the fiscal year ending September 30, 2019, from the
following funds:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........ 3,490.0
GROSS APPROPRIATION.................................... $ 762,714,500
Interdepartmental grant and intradepartmental
transfer revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 24,748,300
ADJUSTED GROSS APPROPRIATION........................... $ 737,966,200
Federal revenues:
Total federal revenues................................. 78,297,900
Special revenue funds:
Total local revenues................................... 5,146,800
Total private revenues................................. 115,000
Total other state restricted revenues.................. 174,103,700
State general fund/general purpose..................... $ 480,302,800
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose.................................. 446,709,700
One-time state general fund/general
purpose................................... 33,593,100
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 3.0
Unclassified salaries--3.0 FTE positions............... $ 598,000
Full-time equated classified positions........... 83.0
Accounting service center.............................. 1,081,200
Department services--58.0 FTE positions................ 8,937,500
Departmentwide......................................... 45,351,400
Executive direction--25.0 FTE positions................ 4,241,400
GROSS APPROPRIATION.................................... $ 60,209,500
Appropriated from:
Interdepartmental grant and intradepartmental
transfer revenues:
IDG-MDOC, contract..................................... 26,000
IDG-MDOS............................................... 1,400
IDG-MDOT, state trunkline fund......................... 3,900
IDG-MDTR, casino gaming fees........................... 116,200
IDG, training academy charges.......................... 176,900
IDT, auto theft funds.................................. 1,300
IDT, truck safety fund................................. 36,900
Total interdepartmental grants and intradepartmental
transfers............................................ 362,600
Federal revenues:
DHS.................................................... 189,300
DOJ.................................................... 7,600
DOJ, interest bearing.................................. 11,600
DOT.................................................... 339,200
Total federal revenues................................. 547,700
Special revenue funds:
Local - school bus revenue............................. 6,200
Total local revenues................................... 6,200
Auto theft prevention fund............................. 29,000
Criminal justice information center service fees....... 1,260,600
Forensic science reimbursement fees.................... 43,900
Hazardous materials training center fees............... 72,600
Highway safety fund.................................... 204,400
Marihuana regulatory fund.............................. 3,023,100
Michigan justice training fund......................... 278,100
Motor carrier fees..................................... 264,400
Nuclear plant emergency planning reimbursement......... 21,000
State forensic laboratory fund......................... 37,500
State police administrator and coordinator 911 fund.... 23,300
State services fee fund................................ 306,300
Tobacco tax revenue.................................... 102,600
Traffic law enforcement and safety fund................ 403,100
Other state restricted revenues........................ 33,600
Total other state restricted revenues.................. 6,103,500
State general fund/general purpose..................... $ 53,189,500
Sec. 103. LAW ENFORCEMENT SERVICES
Full-time equated classified positions.......... 532.0
Biometrics and identification--57.0 FTE positions...... $ 9,955,500
Criminal justice information center--132.0 FTE
positions............................................ 19,876,100
Forensic science--269.0 FTE positions.................. 45,099,600
Grants and community services--19.0 FTE positions...... 16,602,600
School safety grants and inspections................... 25,000,000
Training--55.0 FTE positions........................... 10,576,000
GROSS APPROPRIATION.................................... $ 127,109,800
Appropriated from:
Interdepartmental grant and intradepartmental
transfer revenues:
IDG-MDOC, contract..................................... 318,200
IDG-MDOS............................................... 373,300
IDG-MDOT, state trunkline fund......................... 1,213,200
IDG, training academy charges.......................... 2,412,400
IDT, Michigan justice training fund.................... 750,000
Total interdepartmental grants and intradepartmental
transfers............................................ 5,067,100
Federal revenues:
DOJ.................................................... 6,200,100
DOJ, interest bearing.................................. 4,163,300
DOT.................................................... 2,345,700
Total federal revenues................................. 12,709,100
Special revenue funds:
Local - SRMS fees...................................... 918,300
Total local revenues................................... 918,300
Total private revenues................................. 100,000
Auto theft prevention fund............................. 8,194,200
Criminal justice information center service fees....... 16,270,100
Drunk driving prevention and training fund............. 1,068,500
Forensic science reimbursement fees.................... 1,122,700
Marihuana regulatory fund.............................. 1,167,600
Motor carrier fees..................................... 133,400
Precision driving track fees........................... 328,200
School safety plan fund................................ 25,000,000
Sex offenders registration fund........................ 390,600
State forensic laboratory fund......................... 1,180,900
State police administrator and coordinator 911 fund.... 1,082,300
State services fee fund................................ 7,921,500
Traffic crash revenue.................................. 92,900
Total other state restricted revenues.................. 63,952,900
State general fund/general purpose..................... $ 44,362,400
Sec. 104. MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Full-time equated classified positions........... 18.0
Public safety officers benefit program--1.0 FTE
position............................................. $ 301,600
Standards and training/justice training grants--17.0
FTE positions........................................ 11,780,100
Training only to local units........................... 654,500
GROSS APPROPRIATION.................................... $ 12,736,200
Appropriated from:
Federal revenues:
DOJ.................................................... 250,000
Total federal revenues................................. 250,000
Special revenue funds:
Law enforcment officers training fund.................. 25,000
Marihuana regulatory fund.............................. 2,500,000
Medical marihuana excise fund.......................... 907,500
Michigan justice training fund......................... 6,900,000
Private security licensing fees........................ 5,000
Retired law enforcement officer safety fund............ 5,000
Secondary road patrol and training fund................ 654,500
Total other state restricted revenues.................. 10,997,000
State general fund/general purpose..................... $ 1,489,200
Sec. 105. FIELD SERVICES
Full-time equated classified positions........ 2,250.0
Investigative services--180.5 FTE positions............ $ 35,625,500
Post operations--2,039.5 FTE positions................. 314,409,300
Secure cities partnership--30.0 FTE positions.......... 7,861,300
GROSS APPROPRIATION.................................... $ 357,896,100
Appropriated from:
Interdepartmental grant and intradepartmental
transfer revenues:
IDG-MDTR, casino gaming fees........................... 5,127,300
IDT, auto theft funds.................................. 787,500
Total interdepartmental grants and intradepartmental
transfers............................................ 5,914,800
Federal revenues:
DOJ.................................................... 5,008,700
Federal forfeiture revenue............................. 544,100
Federal investigations - reimbursed services........... 1,143,200
Total federal revenues................................. 6,696,000
Special revenue funds:
Local - reimbursed services............................ 1,579,400
Total local revenues................................... 1,579,400
Highway safety fund.................................... 10,009,000
Marihuana regulatory fund.............................. 6,842,200
Medical marihuana excise fund.......................... 907,500
Michigan merit award trust fund........................ 822,700
Narcotics-related forfeiture revenue................... 773,900
Nonnarcotic forfeiture revenue......................... 100,600
State police service fees.............................. 2,352,600
Tobacco tax revenue.................................... 4,623,900
Traffic law enforcement and safety fund................ 25,724,000
Trooper school recruitment fund........................ 1,100
Total other state restricted revenues.................. 52,157,500
State general fund/general purpose..................... $ 291,548,400
Sec. 106. SPECIALIZED SERVICES
Full-time equated classified positions.......... 607.0
Commercial vehicle enforcement--211.0 FTE positions.... $ 28,350,200
Commercial vehicle regulation--12.0 FTE positions...... 2,243,100
Emergency management and homeland security--64.0 FTE
positions............................................ 15,808,700
Hazardous materials programs--25.0 FTE positions....... 28,031,500
Highway safety planning--26.0 FTE positions............ 18,048,700
Intelligence operations--201.0 FTE positions........... 27,771,600
Secondary road patrol program--1.0 FTE position........ 11,072,200
Special operations--67.0 FTE positions................. 13,261,300
GROSS APPROPRIATION.................................... $ 144,587,300
Appropriated from:
Interdepartmental grant and intradepartmental
transfer revenues:
IDG-MDOT, state trunkline fund......................... 10,324,000
IDG-MDTMB.............................................. 655,400
IDG-MDTR, public safety answer point training 911 fund. 100,000
IDT, truck safety fund................................. 1,933,900
Total interdepartmental grants and intradepartmental
transfers............................................ 13,013,300
Federal revenues:
DHS.................................................... 35,103,300
DOT.................................................... 22,034,700
Total federal revenues................................. 57,138,000
Special revenue funds:
Local - school bus revenue............................. 1,724,700
Total local revenues................................... 1,724,700
Total private revenues................................. 15,000
Hazardous materials training center fees............... 927,400
Marihuana regulatory fund.............................. 1,549,600
Motor carrier fees..................................... 7,687,800
Nuclear plant emergency planning reimbursement......... 2,727,300
Reimbursed services.................................... 1,018,700
Rental of departmental aircraft........................ 59,900
Secondary road patrol and training fund................ 11,072,200
State police dispatch operator 911 fund................ 681,900
Truck driver safety fund............................... 3,969,000
Total other state restricted revenues.................. 29,693,800
State general fund/general purpose..................... $ 43,002,500
Sec. 107. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 26,582,500
GROSS APPROPRIATION.................................... $ 26,582,500
Appropriated from:
Interdepartmental grant and intradepartmental
transfer revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 390,500
Federal revenues:
Total federal revenues................................. 957,100
Special revenue funds:
Total local revenues................................... 918,200
Total other state restricted revenues.................. 11,199,000
State general fund/general purpose..................... $ 13,117,700
Sec. 108. ONE-TIME APPROPRIATIONS
Advanced 9-1-1......................................... $ 200,000
Michigan International Speedway traffic control........ 400,000
School safety plan fund deposit........................ 25,000,000
Sexual assault prevention and education initiative..... 1,000,000
Trooper school......................................... 6,993,100
GROSS APPROPRIATION.................................... $ 33,593,100
Appropriated from:
State general fund/general purpose..................... $ 33,593,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is $654,406,500.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $39,231,300.00. The itemized statement
below identifies appropriations from which spending to local units
of government will occur:
DEPARTMENT OF STATE POLICE
Standards and training/justice training grants....... $ 2,615,300
Training only to local units......................... 654,500
School safety grants and inspections................. 25,000,000
Secondary road patrol program........................ 10,961,500
TOTAL.................................................. $ 39,231,300
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "CJIS" means Criminal Justice Information Systems.
(b) "Core service" 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 state police.
(d) "Director" means the director of the department.
(e) "DNA" means deoxyribonucleic acid.
(f) "DTMB" means the department of technology, management, and
budget.
(g) "FTE" means full-time equated.
(h) "IDG" means interdepartmental grant.
(i) "MCOLES" means the Michigan commission on law enforcement
standards.
(j) "Subcommittees" means the subcommittees of the senate and
house standing committees on appropriations with jurisdiction over
the budget for the department.
(k) "Support service" means an activity required to support
the ongoing delivery of core services.
Sec. 204. The departments and agencies receiving
appropriations in part 1 shall use the internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
Sec. 205. 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. 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. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The 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 or supplies, or both.
Sec. 207. 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
senate and house 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. 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. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house
appropriations committees, the subcommittees, and the senate and
house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the DTMB to
maintain a searchable website accessible by the public at no cost
that includes, but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office 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, 2018 and September 30, 2019.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are estimated at $148,305,500.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $77,070,000.00. Total agency appropriations for
retiree health care legacy costs are estimated at $71,235,500.00.
Sec. 215. Based on the availability of federal funding and the
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. 216. A department or state agency shall not take
disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 217. The department shall provide quarterly 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. 218. 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) State security operations.
(b) Training.
(c) MCOLES.
(d) CJIS.
(e) Forensic analysis and biometric identification.
(f) Post operations and investigative services.
(g) Special operations.
(h) Intelligence operations.
(i) Commercial vehicle regulation and enforcement.
(j) Emergency management and homeland security.
(k) Highway safety planning.
(l) Secondary road patrol program.
Sec. 219. The department shall notify the subcommittees, the
chairpersons of the senate and house standing committees on
appropriations, and the senate and house fiscal agencies not less
than 90 days before recommending to close or consolidate any state
police posts. The notification shall include a local and state
impact study of the proposed post closure or consolidation.
Sec. 220. At least 90 days before beginning any effort to
privatize, the department shall submit a complete project plan to
the subcommittees and the senate and house fiscal agencies. The
plan shall include the criteria under which the privatization
initiative will be evaluated. The evaluation shall be completed and
submitted to the subcommittees and the senate and house fiscal
agencies within 30 months.
Sec. 221. (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. 222. 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. 223. 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. 224. Money privately donated to the department is
appropriated under part 1 to be used for the purposes designated by
the donor of the money, if specified.
Sec. 225. (1) Federal revenues authorized by and available
from the federal government in excess of the appropriation in part
1 are appropriated and may be received and expended by the
department for purposes authorized under state law and subject to
federal requirements.
(2) The department shall notify the subcommittees and the
senate and house fiscal agencies before expending federal revenues
received and appropriated under subsection (1).
(3) If additional authorization is approved in 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.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 301. (1) The department shall provide security services
at the State Capitol Complex facilities and the State Secondary
Complex as provided under section 6c of 1935 PA 59, MCL 28.6c.
(2) The department shall maintain the staff and resources
necessary to respond to emergencies at the State Capitol Complex,
State Secondary Complex, House Office Building, Binsfield Office
Building, Capitol parking lot, Townsend Parking Ramp, the Roosevelt
Parking Ramp, and other areas as directed.
(3) The department may develop a phased approach for improving
security at the Capitol Building.
(4) The department shall maintain a goal of annually
conducting 35,000 property inspections of state owned and leased
facilities.
LAW ENFORCEMENT SERVICES
Sec. 401. (1) The department shall develop and deliver
professional, innovative, and quality training that supports the
enforcement and public safety efforts of the criminal justice
community.
(2) The department shall provide performance data as provided
under section 217 of this part for average classroom occupancy
rate, with an annual goal of at least 55%.
(3) The department shall submit a report to the subcommittees
and the senate and house fiscal agencies within 60 days of the
conclusion of any trooper, motor carrier, or state properties
security recruit school. The report shall include the following:
(a) The number of veterans and the number of MCOLES-certified
police officers who were admitted to and the number who graduated
from the recruit school.
(b) The total number of recruits who were admitted to the
school, the number of recruits who graduated from the school, and
the location at which each of these recruits is assigned.
(4) The department shall distribute and review course
evaluations to ensure that quality training is provided.
Sec. 402. (1) In accordance with applicable state and federal
laws and regulations, the department shall maintain and ensure
compliance with CJIS databases and applications in the support of
public safety and law enforcement communities.
(2) The department shall improve the accuracy, timeliness, and
completeness of criminal history information by conducting a
minimum of 30 outreach activities targeted to criminal justice
agencies.
(3) The department shall provide for the compilation of crime
statistics consistent with the uniform crime reporting (UCR)
program and the national incident-based report system (NIBRS).
(4) The department shall provide for the compilation and
evaluation of traffic crash reports and the maintenance of the
state accident data collection system.
(5) The department shall make individual traffic crash reports
available for a fee of $10.00 per incident. The department may also
sell an extract of electronic traffic crash data for a fee of $0.25
per incident, provided that the name, address, and any other
personal identifying information have been excluded.
(6) 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.
(8) The department shall provide to the legislature a report
on concealed pistol licensing not later than December 1, 2019 that
includes all of the following:
(a) The department's actual revenue received from fees paid
for concealed pistol license (CPL) applications for fiscal year
2018-2019 and the uses of that revenue.
(b) The department's fiscal year 2018-2019 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 217 of this part.
(10) The following unexpended and unencumbered revenues
deposited into the criminal justice information center service fees
shall not lapse to the general fund, but shall be carried forward
into the subsequent fiscal year:
(a) Fees for fingerprinting and criminal record checks and
name-based criminal record checks under 1935 PA 120, MCL 28.271 to
28.274.
(b) Fees for application and licensing for initial and renewal
concealed pistol licenses under 1927 PA 372, MCL 28.421 to 28.435.
(c) Fees for searching, copying, and providing public records
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(d) Revenue from other sources, including, but not limited to,
investment and interest earnings.
(11) Unexpended and unencumbered revenue generated by state
records management system fees shall not lapse to the general fund,
but shall be carried forward into the subsequent fiscal year.
Sec. 403. (1) The department shall provide forensic testing
services to aid in criminal investigations.
(2) The department shall ensure its ability to maintain
accreditation by a federally designated accrediting agency, as
provided under 34 USC 12592.
(3) The department shall provide forensic science services
with an average turnaround time of 55 days, assuming an annual
caseload volume commensurate with that received in fiscal year
2012-2013, and shall achieve a goal of a 30-day average turnaround
time across all forensic science disciplines.
(4) The department shall provide the following data as
provided in section 217 of this part:
(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.
(5) The department shall provide for the forensic testing and
analysis/profiling of DNA evidence to aid criminal investigations
by law enforcement agencies in this state.
Sec. 404. (1) The biometrics and identification division shall
house and manage the automated fingerprint 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, with a goal of at
least 97% of submissions provided electronically as provided in
section 217 of this part.
(3) The department shall maintain the staffing and resources
necessary to have a 28-day average wait time for scheduling a
polygraph examination, assuming an annual caseload received
commensurate with fiscal year 2012-2013, with a goal of achieving a
15-day average wait time.
(4) If changes are made to the department's protocol for
retaining and purging DNA analysis samples and records, the
department shall post a copy of the protocol changes on the
department's website.
Sec. 405. Not later than December 1, the department shall
submit a report to the subcommittees and senate and house fiscal
agencies that includes, but is not limited to, all of the following
information:
(a) Sexual assault kit analysis backlog at the beginning of
the prior fiscal year.
(b) The number of sexual assault kits collected or submitted
for analysis during the prior fiscal year.
(c) The number of sexual assault kits analyzed and the number
of associated DNA profiles created and uploaded during the prior
fiscal year.
(d) Sexual assault kit analysis backlog at the 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. 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) Oversight and administration of 9-1-1 operations
statewide.
Sec. 407. No later than March 30, the department shall report
annually to the legislature and the house and senate fiscal
agencies on school safety grants and inspections conducted in the
prior calendar year. This report shall include, but is not limited
to, the following:
(a) Grant amounts awarded to each school district under part 1
for school safety grants and inspections, for school safety-related
improvements.
(b) Each school building that was inspected, the safety grade
for that building, and whether the school is engaging in efforts to
improve the safety grade for that building.
(c) A review of incidents involving school safety that
occurred in this state or the United States, and recommendations
for best practices from that review.
(d) A recommendation on emerging practices related to school
threat assessments, and mental and behavioral health interventions.
(e) Expenditures incurred by the school safety commission in
performing its duties, and the fund sources from which the
expenditures were made.
(f) Any additional recommended safety measures or threats to
school safety identified.
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 501. (1) 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.
(2) MCOLES shall maintain staffing and resources necessary to
update law enforcement standards within 120 days of the enactment
date of any new legislation.
FIELD SERVICES
Sec. 601. (1) Department enlisted personnel who are employed
to enforce traffic laws as provided in section 629e of the Michigan
vehicle code, 1949 PA 300, MCL 257.629e, are not prohibited from
responding to crimes in progress or other emergency situations and
are responsible for making every effort to protect all residents of
this state.
(2) The department shall maintain the staffing and resources
necessary to continually work to enhance traffic safety throughout
this state and shall dedicate a minimum of 455,200 hours to
statewide patrol, of which a minimum of 40,000 shall be committed
to distressed cities in this state, and a minimum of 2,000 shall be
committed to Belle Isle. The department shall work to improve
public safety efforts within distressed cities by enhancing data
analysis capabilities and identifying crime trends and areas with
high occurrence of crime.
(3) The department shall maintain the staffing and resources
necessary to perform activities to maintain a 93% compliance rate
for reporting by registered sex offenders.
(4) The department shall submit a report on or before April 15
to the subcommittees and senate and house fiscal agencies regarding
the secure cities partnership during the prior calendar year.
Sec. 602. (1) The department shall identify and apprehend
criminals through criminal investigations in this state.
(2) The department shall maintain the staffing and resources
necessary to provide a comparable number of hours investigating
crimes as those performed in fiscal year 2012-2013.
(3) The department shall maintain the staffing and resources
necessary to annually meet or exceed a case clearance rate of 62%.
(4) The department shall annually provide 4 training
opportunities to local law enforcement partners with the goal of
increasing their knowledge of gambling laws, trends, legal issues,
and opioid-related investigations.
(5) The department shall maintain the staffing and resources
necessary to increase the number of opioid-related investigations
by 20% above the number of those investigations conducted in the
2014-2015 fiscal year conducted by multijurisdictional task forces
and hometown security teams. The department shall work to enhance
investigative and drug interdiction efforts by enhancing data
analysis capabilities and linking investigations among
multijurisdictional task forces and hometown security teams.
Sec. 603. (1) The department shall provide protection to this
state, its economy, welfare, and vital state-sponsored programs
through the prevention and suppression of organized smuggling of
untaxed tobacco products in the 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,
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.
(3) The tobacco tax enforcement unit shall dedicate a minimum
of 16,600 hours to tobacco tax enforcement.
Sec. 604. (1) The department shall provide fire investigation
services to citizens of this state through training and
investigative assistance to public safety agencies in this state.
(2) The department shall maintain the staffing and resources
necessary to maintain readiness to respond appropriately to at
least the number of requests for fire investigation services that
occurred in fiscal year 2010-2011 and shall be available for call
out statewide 100% of the time.
SPECIALIZED SERVICES
Sec. 701. (1) The department shall operate the Michigan
intelligence operation center for homeland security as the state's
primary federally designated fusion center to receive, analyze,
gather, and disseminate threat-related information among federal,
state, local, tribal, and private sector partners.
(2) The department shall ensure public safety by providing
public and private sector partners with timely and accurate
information regarding critical information key resource threats as
reported to or discovered by the Michigan intelligence operations
center for homeland security and shall increase public awareness on
how to report suspicious activity through website or telephone
communications.
(3) The department shall maintain the staffing and resources
necessary to support the cyber section, including the Michigan
cyber command center, the computer crimes unit, and the internet
crimes against children task force. The department shall maintain
the staffing and resources necessary to increase the number of
cases completed by the computer crimes unit by 40% above the number
of cases completed in the 2014-2015 fiscal year. The unit shall
pursue process improvement initiatives to effectively utilize staff
resources in providing investigatory assistance and evidentiary
analysis for law enforcement and criminal justice agencies
statewide. The department shall maintain the staffing and resources
necessary to increase the Michigan cyber command center casework by
25% above the level of activity in the 2017-2018 fiscal year.
(4) The department shall maintain the staffing and resources
necessary to provide digital forensic analysis services with a goal
of decreasing backlogs of digital forensic analysis cases annually
until the department maintains a 60-day turnaround time.
Sec. 702. (1) The department shall provide specialized
services in support of, and to enhance, local, state, and federal
law enforcement operations within this state in accordance with all
applicable state and federal laws and regulations.
(2) The department shall maintain the staffing and resources
necessary to provide training to maintain readiness to respond
appropriately to at least the number of requests for specialty
services which occurred in fiscal year 2010-2011.
(3) The canine unit shall be available for call out statewide
100% of the time.
(4) The bomb squad unit shall be available for call out
statewide 100% of the time.
(5) The emergency support teams shall be available for call
out statewide 100% of the time.
(6) The marine services team shall be available for call out
statewide 100% of the time.
(7) Aviation services shall be available for call out
statewide 100% of the time, unless prohibited by weather or
unexpected mechanical breakdowns.
(8) The department shall prepare a report to the legislature
that evaluates law enforcement issues related to the use of drones,
including existing local, state, and federal laws and regulations
regarding their use, any input that the department may have to
offer as to the efficacy of those laws, and department-recommended
drone law/regulation enforcement policies that could be established
as Michigan law enforcement best practices. This report shall be
transmitted to the chairpersons of the senate and house
appropriations subcommittees, and the senate and house fiscal
agencies no later than April 2, 2019.
Sec. 703. (1) The department shall maintain commercial vehicle
regulation, school bus inspections, and enforcement activities,
including enforcement of requirements concerning size, weight, and
load restrictions; operating authority; registration; fuel taxes;
transportation of hazardous materials; operations of new entrants;
and commercial driver's licenses.
(2) The department shall maintain the staffing and resources
necessary to meet inspection goals consistent with the department's
federal motor carrier assistance program activities.
(3) Revenue collected under the motor carrier act, 1933 PA
254, MCL 475.1 to 479.42, shall be expended in accordance with that
act. Unexpended and unencumbered revenues shall not lapse to the
general fund but shall be carried forward into the subsequent
fiscal year.
Sec. 704. (1) The department shall coordinate the mitigation,
preparation, response, and recovery activities of municipal,
county, state, and federal governments, and other governmental
entities, for all hazards, disasters, and emergencies.
(2) The state director of emergency management may expend
money appropriated under part 1 to call upon any agency or
department of the state or any resource of the state to protect
life or property or to provide for the health or safety of the
population in any area of the 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 money. 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 money 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 and 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 maintain the staffing and resources
necessary to do all of the following:
(a) Serve approximately 105 local emergency management
preparedness programs and 88 local emergency planning committees in
this state.
(b) Operate and maintain the state's emergency operations
center and provide command and control in support of emergency
response services.
(c) Maintain readiness, including training and equipment to
respond to civil disorders and natural disasters commensurate with
the capabilities of fiscal year 2010-2011.
(d) Perform hazardous materials response training.
(6) The department shall conduct a minimum of 3 training
sessions to enhance safe response in the event of natural or
manmade incidents, emergencies, or disasters.
(7) In addition to the funds appropriated in part 1, there is
appropriated from the disaster and emergency contingency fund an
amount necessary to cover costs related to any disaster or
emergency as defined in the emergency management act, 1976 PA 390,
MCL 30.401 to 30.421. Funds shall be expended as provided under
sections 18 and 19 of the emergency management act, 1976 PA 390,
MCL 30.418 and 30.419, and R 30.51 to R 30.61 of the Michigan
Administrative Code.
(8) Funds in the disaster and emergency contingency fund shall
not be expended unless the state budget director approves the
expenditure and the department and the state budget office notify
the senate and house appropriations committees. If expenditures are
made from the disaster and emergency contingency fund during a
month, the department shall submit monthly reports to the senate
and house fiscal agencies detailing the purpose of the
expenditures. These monthly reports shall be submitted within 30
days after the end of the month during which funds from the
disaster and emergency contingency fund were expended.
(9) Upon the declaration of a state of emergency or disaster
by the governor under section 3 of the emergency management act,
1976 PA 390, MCL 30.403, approval of the state budget director, and
notification of the subcommittees and senate and house fiscal
agencies, the director may expend funds appropriated from any
source to any line item within part 1 for the purpose of paying the
necessary and reasonable expenses incurred by the department in
responding to or mitigating the effects of any emergency or
disaster as those terms are defined in section 2 of the emergency
management act, 1976 PA 390, MCL 30.402.
(10) The department shall track and report on a quarterly
basis, as provided in section 217 of this part, the status of the
department's assessment of critical infrastructure vulnerabilities,
including the protection status of critical infrastructure items
identified by the assessment.
Sec. 705. The department shall provide for the planning,
administration, and implementation of highway traffic safety
programs to save lives and reduce injuries on roads in this state
in partnership with other public and private organizations.
Sec. 706. (1) The department shall provide funding to county
sheriff departments to patrol secondary roads.
(2) The sheriffs' duties under the secondary road patrol
program, as outlined in section 76(2) of 1846 RS 14, MCL 51.76, are
to 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.
(3) The department shall provide the following information on
secondary road patrol activities supported by appropriations in
part 1:
(a) The number of funded full-time equivalent county sheriff
secondary road patrol deputies.
(b) The number of hours dedicated to patrol under the
secondary road patrol program, with an annual goal of at least
178,000 hours.
(4) The information required to be reported under subsection
(3) shall be reported on an annual basis.
ONE-TIME APPROPRIATIONS
Sec. 901. (1) Funding provided in part 1 for sexual assault
prevention and education initiative shall be used to provide and
administer grants to public or nonpublic community colleges,
colleges, and universities with a physical presence in this state
to address campus sexual assault issues to improve the safety and
security of students, faculty, and staff in campus environments in
this state.
(2) Grant funds awarded shall support sexual assault programs,
including education, awareness, prevention, reporting, bystander
intervention programs, and peer advocacy groups, which are student-
run organizations that are dedicated to safety on campuses and
eliminating the silence on campuses related to sexual assault and
other actions covered by title IX protections.
(3) The department shall issue awards no later than December
1, 2018, with a grant period of 1 year.
(4) The department shall report on grant activities to the
subcommittees, the senate and house appropriations subcommittees on
higher education, and the state budget office by February 28, 2020.
(5) The unexpended funds appropriated in part 1 for sexual
assault prevention and education initiative are designated as work
project appropriations. Any unencumbered or unallotted funds shall
not lapse at the end of the fiscal year and shall be eligible for
expenditure 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 provide grants for sexual
assault education, awareness, prevention, reporting, bystander
intervention programs, and peer advocacy groups. The student-run
organizations shall be provided funds to support and develop these
advocacy groups, and act on issues related to prevention of sexual
assault, including, but not limited to, student outreach,
supporting survivors of sexual assault, and advocating for campus
improvements such as additional lighting.
(b) The project will be accomplished by grants to eligible
community colleges, colleges, and universities.
(c) The total estimated cost of the project is $1,000,000.00.
(d) The estimated completion date is September 30, 2020.
Sec. 902. Funding appropriated in part 1 for advanced 9-1-1
shall be used to support the costs for the administration and
initial implementation of a supplemental 9-1-1 database that allows
public safety answering points to view voluntarily disclosed
information relevant to the 9-1-1 caller, including information on
properties and household members, that would assist first
responders in providing emergency services to the caller. The
implementation of the database among public safety answering points
and the funding for this purpose shall be overseen and administered
by the office of the state 9-1-1 coordinator. Funds shall be
payable by the office to a vendor based upon the number of public
safety answering points implementing a supplemental database.
Public safety answering points choosing to implement a supplemental
database shall begin implementation by not later than October 1,
2018 to be eligible for funds provided under this section. Funds
appropriated for advanced 9-1-1 shall be considered a work project,
and unexpended and unencumbered funds shall be carried forward into
the subsequent fiscal year.
Sec. 903. (1) Funds appropriated in part 1 for Michigan
International Speedway traffic control shall be used to support
department operations in providing traffic control services to
events hosted at the Michigan International Speedway.
(2) Funds appropriated in part 1 for Michigan International
Speedway traffic control shall not be expended under subsection (1)
until the department has received funds from the Michigan
International Speedway composed of a minimum of 50% of the total
costs of providing traffic control services for any Michigan
International Speedway event.
(3) This section does not require the department to provide
traffic control services under subsection (1) for Michigan
International Speedway events if all funds appropriated in part 1
for Michigan International Speedway traffic control are expended or
encumbered, or if remaining unexpended and unencumbered funds in
part 1 for Michigan International Speedway traffic control are not
sufficient to support a maximum of 50% of the costs of providing
traffic control services under subsection (1) for any Michigan
International Speedway event.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 1001. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2020 for
the line items listed in part 1. The fiscal year 2019-2020
appropriations are anticipated to be the same as those for fiscal
year 2018-2019, excluding appropriations designated as one-time
appropriations and adjusting for changes in caseload and related
costs, federal fund match rates, economic factors, and available
revenue. These adjustments will be determined after the January
2019 consensus revenue estimating conference.
ARTICLE XVII
STATE TRANSPORTATION DEPARTMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the state transportation
department for the fiscal year ending September 30, 2019, from the
following funds:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 4.0
Full-time equated classified positions........ 2,723.3
GROSS APPROPRIATION.................................... $ 4,543,089,900
Total interdepartmental grants and intradepartmental
transfers............................................ 4,092,500
ADJUSTED GROSS APPROPRIATION........................... $ 4,538,997,400
Federal revenues:
Federal aid – transportation programs.................. 1,318,271,700
Total federal revenues................................. 1,318,271,700
Special revenue funds:
Local revenues......................................... 50,532,000
Private revenues....................................... 900,000
Total local and private revenues....................... 51,432,000
Blue Water Bridge fund................................. 24,575,400
Comprehensive transportation fund...................... 352,756,000
Economic development fund.............................. 55,368,000
Intercity bus equipment and facility fund.............. 100,000
Local bridge fund...................................... 30,716,500
Michigan transportation fund........................... 1,592,666,600
Qualified airport fund................................. 5,525,000
Rail freight fund...................................... 6,000,000
State aeronautics fund................................. 15,924,200
State trunkline fund................................... 1,085,662,000
Total other state restricted revenues.................. 3,169,293,700
State general fund/general purpose..................... $ 0
Sec. 102. DEBT SERVICE
Airport safety and protection plan..................... $ 3,437,900
Blue Water Bridge fund................................. 7,106,300
Comprehensive transportation........................... 19,401,500
Economic development................................... 11,595,300
Local bridge fund...................................... 2,315,700
State trunkline........................................ 175,580,400
GROSS APPROPRIATION.................................... $ 219,437,100
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 35,863,400
Special revenue funds:
Blue Water Bridge fund................................. 7,106,300
Comprehensive transportation fund...................... 19,401,500
Economic development fund.............................. 11,595,300
Local bridge fund...................................... 2,315,700
State aeronautics fund................................. 3,437,900
State trunkline fund................................... 139,717,000
State general fund/general purpose..................... $ 0
Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
CTF grant to civil service commission.................. $ 250,000
CTF grant to department of attorney general............ 205,600
CTF grant to department of treasury.................... 16,300
CTF grant to legislative auditor general............... 39,800
CTF grant to department of technology, management, and
budget............................................... 55,900
MTF grant to department of environmental quality....... 1,367,600
MTF grant to department of treasury.................... 2,744,900
MTF grant to legislative auditor general............... 322,100
MTF grant to department of state for collection of
revenue and fees..................................... 20,000,000
SAF grant to civil service commission.................. 150,000
SAF grant to department of attorney general............ 181,500
SAF grant to department of treasury.................... 74,000
SAF grant to legislative auditor general............... 31,000
SAF grant to department of technology, management, and
budget............................................... 40,800
STF grant to civil service commission.................. 6,197,000
STF grant to department of attorney general............ 2,476,400
STF grant to department of state police................ 11,798,000
STF grant to department of treasury.................... 156,900
STF grant to legislative auditor general............... 748,200
STF grant to department of technology, management, and
budget............................................... 1,538,600
GROSS APPROPRIATION.................................... $ 48,394,600
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 567,600
Michigan transportation fund........................... 24,434,600
State aeronautics fund................................. 477,300
State trunkline fund................................... 22,915,100
State general fund/general purpose..................... $ 0
Sec. 104. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.......... 4.0
Full-time equated classified positions.......... 247.3
Unclassified salaries--4.0 FTE positions............... $ 582,100
Asset management council............................... 1,876,400
Business support services--42.0 FTE positions.......... 6,667,100
Commission audit--29.3 FTE positions................... 3,423,200
Economic development and enhancement programs--10.0
FTE positions........................................ 1,669,600
Finance, contracts, and support services--166.0 FTE
positions............................................ 21,256,700
Property management.................................... 7,192,800
Worker's compensation.................................. 1,639,200
GROSS APPROPRIATION.................................... $ 44,307,100
Appropriated from:
IDG for accounting service center user charges......... 4,092,500
Special revenue funds:
Comprehensive transportation fund...................... 1,566,600
Economic development fund.............................. 386,200
Michigan transportation fund........................... 4,260,600
State aeronautics fund................................. 710,700
State trunkline fund................................... 33,290,500
State general fund/general purpose..................... $ 0
Sec. 105. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 35,739,400
GROSS APPROPRIATION.................................... $ 35,739,400
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 520,500
Special revenue funds:
Blue Water Bridge fund................................. 55,800
Comprehensive transportation fund...................... 227,000
Economic development fund.............................. 37,500
Michigan transportation fund........................... 296,700
State aeronautics fund................................. 177,000
State trunkline fund................................... 34,424,900
State general fund/general purpose..................... $ 0
Sec. 106. TRANSPORTATION PLANNING
Full-time equated classified positions.......... 130.0
Planning services--130.0 FTE positions................. $ 38,398,100
Grants to regional planning councils................... 488,800
GROSS APPROPRIATION.................................... $ 38,886,900
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 22,000,000
Special revenue funds:
Comprehensive transportation fund...................... 612,300
Michigan transportation fund........................... 9,615,400
State aeronautics fund................................. 15,200
State trunkline fund................................... 6,644,000
State general fund/general purpose..................... $ 0
Sec. 107. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions........ 1,390.3
Program development, delivery, and system operations--
1,390.3 FTE positions................................ $ 156,638,700
GROSS APPROPRIATION.................................... $ 156,638,700
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 23,529,800
Special revenue funds:
Comprehensive transportation fund...................... 187,100
Michigan transportation fund........................... 12,347,500
State aeronautics fund................................. 160,300
State trunkline fund................................... 120,414,000
State general fund/general purpose..................... $ 0
Sec. 108. HIGHWAY MAINTENANCE
Full-time equated classified positions.......... 793.7
State trunkline operations--793.7 FTE positions........ $ 339,127,800
GROSS APPROPRIATION.................................... $ 339,127,800
Appropriated from:
Special revenue funds:
State trunkline fund................................... 339,127,800
State general fund/general purpose..................... $ 0
Sec. 109. ROAD AND BRIDGE PROGRAMS
Cities and villages.................................... $ 534,594,700
County road commissions................................ 958,837,100
Grants to local programs............................... 33,000,000
Local bridge program................................... 28,400,800
Local federal aid and road and bridge construction..... 278,400,300
Local agency wetland mitigation bank fund.............. 500,000
Movable bridge......................................... 5,222,400
Rail grade crossing.................................... 3,000,000
Rail grade crossing - surface improvements............. 3,000,000
State trunkline federal aid and road and bridge
construction......................................... 1,232,374,500
GROSS APPROPRIATION.................................... $ 3,077,329,800
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 1,087,008,000
Special revenue funds:
Local funds............................................ 30,003,500
Blue Water Bridge fund................................. 10,877,600
Local bridge fund...................................... 28,400,800
Michigan transportation fund........................... 1,538,154,200
State trunkline fund................................... 382,885,700
State general fund/general purpose..................... $ 0
Sec. 110. BLUE WATER BRIDGE
Full-time equated classified positions........... 41.0
Blue Water Bridge operations--41.0 FTE positions....... $ 6,535,700
GROSS APPROPRIATION.................................... $ 6,535,700
Appropriated from:
Special revenue funds:
Blue Water Bridge fund................................. 6,535,700
State general fund/general purpose..................... $ 0
Sec. 111. TRANSPORTATION ECONOMIC DEVELOPMENT
Forest roads........................................... $ 5,000,000
Rural county primary................................... 8,087,200
Rural county urban system.............................. 2,500,000
Target industries/economic redevelopment............... 19,674,600
Urban county congestion................................ 8,087,200
Local grant program.................................... 1,500,000
GROSS APPROPRIATION.................................... $ 44,849,000
Appropriated from:
Special revenue funds:
Economic development fund.............................. 43,349,000
Michigan transportation fund........................... 1,500,000
State general fund/general purpose..................... $ 0
Sec. 112. AERONAUTICS SERVICES
Full-time equated classified positions........... 46.0
Air service program.................................... $ 250,000
Air fleet operations and maintenance--10.0 FTE
positions............................................ 1,774,500
Aviation services--36.0 FTE positions.................. 5,616,600
GROSS APPROPRIATION.................................... $ 7,641,100
Appropriated from:
Special revenue funds:
State aeronautics fund................................. 7,641,100
State general fund/general purpose..................... $ 0
Sec. 113. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions........... 36.0
Passenger transportation services--36.0 FTE positions.. $ 5,874,700
GROSS APPROPRIATION.................................... $ 5,874,700
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 972,100
Special revenue funds:
Comprehensive transportation fund...................... 4,902,600
State general fund/general purpose..................... $ 0
Sec. 114. LOCAL BUS TRANSIT
Local bus operating.................................... $ 192,250,000
Nonurban operating/capital............................. 30,027,900
GROSS APPROPRIATION.................................... $ 222,277,900
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 28,027,900
Special revenue funds:
Local funds............................................ 2,000,000
Comprehensive transportation fund...................... 192,250,000
State general fund/general purpose..................... $ 0
Sec. 115. INTERCITY PASSENGER AND FREIGHT
Full-time equated classified positions........... 39.0
Detroit/Wayne County Port Authority.................... $ 200,000
Freight property management............................ 1,000,000
Intercity services..................................... 7,360,000
Marine passenger service............................... 500,000
Office of rail--39.0 FTE positions..................... 6,563,500
Rail freight economic development...................... 8,768,200
Rail operations and infrastructure..................... 70,608,000
GROSS APPROPRIATION.................................... $ 94,999,700
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 14,500,000
Special revenue funds:
Local funds............................................ 260,000
Private funds.......................................... 900,000
Comprehensive transportation fund...................... 70,440,600
Intercity bus equipment and facility fund.............. 100,000
Michigan transportation fund........................... 2,057,600
Rail freight fund...................................... 6,000,000
State trunkline fund................................... 741,500
State general fund/general purpose..................... $ 0
Sec. 116. PUBLIC TRANSPORTATION DEVELOPMENT
Municipal credit program............................... $ 2,000,000
Service initiatives.................................... 4,589,200
Specialized services................................... 17,938,900
Transit capital........................................ 66,612,600
Transportation to work................................. 3,875,000
Van pooling............................................ 195,000
GROSS APPROPRIATION.................................... $ 95,210,700
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 26,850,000
Special revenue funds:
Local funds............................................ 5,760,000
Comprehensive transportation fund...................... 62,600,700
State general fund/general purpose..................... $ 0
Sec. 117. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Salt storage buildings and containment control......... $ 2,500,000
Special maintenance, remodeling, and additions......... 3,001,500
GROSS APPROPRIATION.................................... $ 5,501,500
Appropriated from:
State trunkline fund................................... 5,501,500
State general fund/general purpose..................... $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection, and improvement program.... $ 94,813,200
Detroit Metropolitan Wayne County Airport.............. 5,525,000
GROSS APPROPRIATION.................................... $ 100,338,200
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 79,000,000
Special revenue funds:
Local funds............................................ 12,508,500
Qualified airport fund................................. 5,525,000
State aeronautics fund................................. 3,304,700
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under
part 1 for fiscal year 2018-2019 is $3,156,293,700.00 and state
spending from state sources to be paid to local units of government
for fiscal year 2018-2019 is $1,852,542,400.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
STATE TRANSPORTATION DEPARTMENT
Grants to regional planning councils................... $ 488,800
Cities and villages.................................... 534,594,700
County road commissions................................ 958,837,100
Grants to local programs............................... 33,000,000
Local bridge program................................... 28,400,800
Local agency wetland mitigation........................ 500,000
Movable bridge......................................... 2,611,200
Rail grade crossing.................................... 1,500,000
Rail grade surface crossing improvements............... 3,000,000
Transportation economic development.................... 23,674,400
Local grant program.................................... 1,500,000
Air service program.................................... 250,000
Local bus operating.................................... 192,250,000
Detroit/Wayne County Port Authority.................... 200,000
Marine passenger service............................... 500,000
Municipal credit program............................... 2,000,000
Service initiatives.................................... 2,614,200
Specialized services................................... 3,853,900
Transit capital........................................ 50,062,600
Transportation to work................................. 3,875,000
Airport safety, protection, and improvement program.... 3,304,700
Detroit Metropolitan Wayne County Airport.............. 5,525,000
Total payments to local units of government............ $ 1,852,542,400
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "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. 204. The departments and agencies receiving
appropriations in part 1 shall use the internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
Sec. 205. 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. 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. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The 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.
Each 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. 207. 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. 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 activities that the
attorney general authorizes.
Sec. 209. Not later than November 30, 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 of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $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 part 1 pursuant to 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 part 1 pursuant to 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 part 1
pursuant to 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 part 1
pursuant to section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office 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, 2018 and September 30, 2019.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2019 are $67,716,200.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$31,218,300.00. Total agency appropriations for retiree health care
legacy costs are estimated at $36,497,900.00.
Sec. 215. A department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 217. 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.
Sec. 270. In order to reduce costs and maintain quality, it is
the intent of the legislature that, excluding the fleet of motor
vehicles for the department of state police, the department will
prioritize the utilization of remanufactured parts as the primary
means of maintenance and repair for the state of Michigan's fleet
of motor vehicles.
DEPARTMENT ADMINISTRATION AND SUPPORT
Sec. 301. (1) 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.
(2) A bridge authority shall hold 3 public hearings on an
increase in any toll charged by the authority at least 30 days
before the toll change will become effective. Two of the hearings
shall be held within 5 miles of the bridge over which the bridge
authority has jurisdiction. One hearing shall be held in Lansing.
Public hearings held under this section shall be conducted in
accordance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275, and shall be conducted so as to provide a reasonable
opportunity for public comment, including both spoken and written
comments.
Sec. 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. 305. (1) The department may permit space on public
passenger transportation properties to be occupied by public or
private tenants on a competitive market rate basis. The department
shall require that revenue from the tenants be placed in an account
to be used to pay the costs to maintain and improve the property.
(2) The department shall charge public transit agencies and
intercity bus carriers equal rates per square foot for leasing
space in state-owned intermodal facilities.
Sec. 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, and the house and senate
fiscal agencies 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. A copy of
the report shall be submitted to the auditor general, and the
report shall be subject to audit.
(3) The auditor general shall use a risk-based approach in
developing an audit program for the use of transportation funds.
Sec. 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. 310. The department shall provide in a timely manner
copies of the agenda and approved minutes 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. 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.
(3) The department shall submit a report to the state budget
director, the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies on the
status of the state infrastructure bank. The report shall be
submitted on or before December 1, 2018. The report shall include
all of the following:
(a) The balance in the state infrastructure bank at September
30, 2018, including a breakdown of the balance by cash and cash
equivalents, outstanding loans, and balance available for loan to
local agencies.
(b) A breakdown of the state infrastructure loan balance by
amounts designated as originating from federal sources and the
amounts originating from nonfederal sources.
(c) A list of outstanding loans by agency, original loan
amount, project description, loan term, and amount outstanding.
Sec. 319. The department shall post signs at each rest area to
identify the agency or contractor responsible for maintenance of
the rest area. The signs shall include a department telephone
number and shall indicate that unsafe or unclean conditions at the
rest area may be reported to that telephone number.
Sec. 353. The department shall review its contractor payment
process and ensure that all prime contractors are paid promptly.
The department shall ensure that prime contractors are in
compliance with special provision 109.10 regarding the prompt
payment of subcontractors.
Sec. 357. When presented with complete local federal aid
project submittals, the department shall complete all necessary
reviews and inspections required to let local federal aid projects
within 120 days of receipt. The department shall implement a system
for monitoring the local federal aid project review process.
Sec. 375. The department is prohibited from reimbursing
contractors or consultants for costs associated with groundbreaking
ceremonies, receptions, open houses, or press conferences related
to transportation projects funded, in whole or in part, by revenue
appropriated in part 1.
Sec. 376. The department shall not spend funds appropriated in
part 1 for the purpose of examining the potential association
between commercial signs, outdoor advertising signs, billboards,
digital billboards, or commercial electronic variable message signs
and motor vehicle activity or motor vehicle driver behavior.
Sec. 381. The department shall require as a condition of each
contract or subcontract for construction, maintenance, or
engineering services that the prequalified contractor or
prequalified subcontractor agree to use the E-Verify system to
verify that all persons hired during the contract term by the
contractor or subcontractor are legally present and authorized to
work in the United States. The department may verify this
information directly or may require contractors and subcontractors
to verify the information and submit a certification to the
department. The department shall report to the house and senate
appropriations committees and the house and senate fiscal agencies
by March 1 of each year describing the processes it has developed
and implemented under provisions of this section. As used in this
section, "E-Verify" means an internet-based system operated by the
Department of Homeland Security, U.S. Citizenship and Immigration
Services in partnership with the Social Security Administration.
Sec. 382. In administering a contract with a county road
commission, city, or village that allocates costs of construction
or reconstruction of highways, roads, and streets as provided in
section 18d of 1951 PA 51, MCL 247.668d, the department shall
submit the final cost-sharing bill to the county road commission,
city, or village not later than 2 years after the date of the final
contract payment to the construction contractor.
Sec. 383. (1) The department shall prepare a report on use of
department-owned aircraft during the fiscal year ending September
30, 2018. 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 and the house and
senate fiscal agencies no later than February 1, 2019.
(3) The department shall maintain a system for recovering the
cost of operating department-owned aircraft through charges to
aircraft users.
(4) From the funds appropriated in part 1, the department is
prohibited from transporting legislators or legislative staff on
state-owned aircraft without prior approval from the senate
majority leader or the speaker of the house of representatives and
only when the aircraft is already scheduled by state agencies on
related official state business.
Sec. 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 Detroit River 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 Detroit River
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 Detroit River International Crossing or
a renamed successor, subsection (1) does not apply once the
enabling legislation goes into effect.
Sec. 385. (1) The department shall submit reports to the state
budget director, the speaker of the house, the house 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 department activities
related to all nonconstruction or construction planning activities
related to the Detroit River International Crossing or a renamed
successor. The initial report shall be submitted on or before
December 1, 2018 and shall cover the fiscal year ending September
30, 2018.
(2) The initial report shall include, at a minimum, all of the
following:
(a) Department costs incurred in the fiscal year ending
September 30, 2018, including employee salaries, wages, benefits,
travel, and contractual services, and what activities those costs
were related to.
(b) Costs of other executive branch agencies incurred in the
fiscal year ending September 30, 2018, including employee salaries,
wages, benefits, travel, and contractual services, and what
activities those costs were related to.
(c) A breakdown of the source of funds used for the activities
described in subdivisions (a) and (b).
(d) A breakdown of reimbursements made by Canada under section
384(1) to the state for expenditures for staff resources used in
connection with project activities.
(e) A narrative description of the status of the Detroit River
International Crossing or a renamed successor, including efforts
undertaken to implement provisions of the crossing agreement
executed June 15, 2012 by representatives of the Canadian
government and this state.
(3) After submission of the initial report, a subsequent
report shall be submitted on March 1, 2019, June 1, 2019, and
September 1, 2019 and shall include the same information described
in subsection (2) for the applicable previous fiscal quarter.
Sec. 386. (1) The department shall use available toll credits,
as provided by public and private toll facilities in this state and
certified by the Federal Highway Administration, to match available
federal highway funds.
(2) When using toll credits as a method of financing federal-
participating projects, the department shall use the toll credits
in the following manner:
(a) Federal aid projects on roads and streets under the
jurisdiction of local road agencies for the match portion of
projects with a total cumulative project cost of up to
$10,000,000.00.
(b) Other federal aid highway projects on the state trunkline
system.
(c) Federal aid transit projects up to $2,000,000.00.
(3) In implementing this section, the department shall work
with the metropolitan planning organizations and rural task forces
in this state.
(4) On or before December 1 of each year, the department shall
report to the state budget director, the house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies on toll credits earned in the previous
fiscal year and the balance of available toll credits at the end of
the previous fiscal year.
Sec. 387. (1) Within 30 days of completion of any traffic
study, traffic control study, or traffic mitigation study, the
department shall post the results of the study on the department's
website.
(2) As used in this section, the terms "traffic study",
"traffic control study", and "traffic mitigation study" include,
but are not limited to, investigations into the need for traffic
lights, reviews of traffic speeds and related recommendations
regarding speed limits, and ways to improve traffic flow during
peak travel times.
Sec. 388. (1) The department shall perform a review of the
performance audit standards mandated under 2012 PA 298 to determine
the following:
(a) Whether performance audits are generally performed as a
separate audit engagement or are included as a part of the
financial compliance audits required of local units of government.
(b) Whether performance audit procedures could be incorporated
into financial compliance audits required of local units of
government.
(c) The average additional cost of performance audit
requirements.
(d) The benefits of performance audit requirements.
(2) In performing the review required under this section, the
department shall consult with the Michigan department of treasury,
representatives of the county road commissions, representatives of
cities and villages, and representatives of the public accounting
profession.
(3) The department shall report on the review required under
this section and, on or before March 1, 2019, submit the report to
the state budget director, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal
agencies.
Sec. 389. Within 30 days of entering into a long-term
agreement with a private contractor, a public agency, or a
partnership between 1 or more private contractors or public
agencies, the department shall notify the state budget director,
the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies of the
agreement, including the subject of the agreement, the term of the
agreement, and financial obligations under the agreement. As used
in this section, "long-term agreement" means an agreement that
obligates the department for a period of 3 years or more and that
actually or contingently obligates the department to make payments
over the contract period of $1,000,000.00 or more.
Sec. 390. (1) Within 30 days of the close of the fiscal year,
the department shall report on restricted funds and accounts. The
report shall include the following:
(a) The statutory authority for the restricted fund or
account.
(b) Revenue credited to the restricted fund or account during
the fiscal year.
(c) Expenditures made from the restricted fund or account
during the fiscal year.
(d) Balance of the restricted fund or account at the close of
the fiscal year, including a description of obligations or
restrictions to the ending balance.
(2) As used in this section, "restricted fund or account"
includes, but is not limited to, the state infrastructure bank
fund, the transportation economic development fund, the rail
freight fund, the Michigan rail infrastructure loan fund, the
wetland mitigation bank fund, the local bridge fund, the rail grade
crossing account, and the movable bridge fund.
(3) The reports required under this section shall be
transmitted to the state budget director, the house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies.
Sec. 391. The department shall not use any funds from the
appropriations in part 1 to perform, or to assist any other state
department in performing, inspections or testing of motor fuel
quality.
Sec. 393. The department shall promote best practices for
public transportation services in this state, including, but not
limited to, the following:
(a) Transit vehicle rehabilitation to reduce life-cycle cost
of public transportation through midlife rehabilitation of transit
buses.
(b) Cooperation between entities using transit, including
school districts, cities, townships, and counties with a view to
promoting cost savings through joint purchasing of fuel and other
procurements.
(c) Coordination of transportation dollars among state
departments which provide transit-related services, including the
department of health and human services. Priority should be given
to use of public transportation services where available.
(d) Promotion of intelligent transportation services for buses
that incorporate computer and navigation technology to make transit
systems more efficient, including stoplight coordinating, vehicle
tracking, data tracking, and computerized scheduling.
Sec. 394. The department and local road agencies shall make
the preservation of their existing road networks a funding
priority.
Sec. 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. 396. In soliciting proposals for contractual services,
other than construction contracts, the department shall obtain
assurance that the respondents have the financial capability,
equipment, work force, and prior work experience sufficient to
perform the proposed services.
Sec. 397. The department shall report annually to the house
and senate appropriations subcommittees and the house and senate
fiscal agencies all work project balances and all federal earmarks
not expended for the preceding fiscal year. The report shall be
submitted on or before February 1, 2019.
Sec. 398. The department shall continue to work to eliminate
fatalities and serious injuries on Michigan's trunkline 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. 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.
Sec. 403. After meeting the capital needs of existing section
5310 subrecipients, the department shall include in its grant
application to the Federal Transit Administration replacement buses
for rural transit agencies to the maximum extent possible based on
the federal regulations that govern the section 5310 program.
MICHIGAN TRANSPORTATION FUND
Sec. 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. 503. (1) The funds appropriated in part 1 for the
economic development and local bridge programs shall not lapse at
the end of the fiscal year but shall carry forward each fiscal year
for the purposes for which appropriated in accordance with 1987 PA
231, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL
247.660.
(2) 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.
(3) 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.
(4) None of the funds statutorily dedicated to the
transportation economic development fund and local bridge fund
shall be diverted to other projects.
Sec. 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. 601. The department shall maintain documentation to
support initial acceptance of warrantied projects, interim and
final inspections, and notifications to contractors that the
warranty period had expired. The department also shall review and
evaluate consultant evaluation requirements or recommendations and
update existing policies and procedures accordingly.
Sec. 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.
Sec. 605. (1) From the funds appropriated in part 1, the
department shall support flooding mitigation-related activities on
limited access state trunklines in Wayne, Oakland, and Macomb
Counties.
(2) The department shall report on specific outcomes and
performance measures, including, but not limited to, the following:
(a) Number of drainage catch basins cleaned on limited-access
state trunklines in Wayne, Oakland, and Macomb Counties during the
fiscal year ending September 30, 2019.
(b) Number of flooding-related closures on limited-access
state trunklines in Wayne, Oakland, and Macomb Counties during the
fiscal year ending September 30, 2019.
Sec. 610. The department shall have as a priority the removal
of dead deer and other large animal remains from the traveled
portion and shoulder of state highways. The department, and
counties that perform state highway maintenance under contract,
shall remove animal remains, wherever practicable and when funds
are available, away from the traveled portion and shoulder of state
highways.
Sec. 612. The department shall establish guidelines governing
incentives and disincentives provided under contracts for state
trunkline projects. The guidelines shall include specific financial
information concerning incentives and disincentives. On or before
January 1 of each year, the department shall prepare a report for
the immediately preceding fiscal year regarding contract incentives
and disincentives. This report shall include a list, by project, of
the contractors that received contract incentives and/or
disincentives, the amount of the incentives and/or disincentives,
the fund source of any incentives, and the number of days that each
project was completed either ahead or past the contracted
completion date. This report shall be provided to the senate and
house appropriations subcommittees on transportation, the senate
and house standing committees on transportation, and the senate and
house fiscal agencies.
Sec. 613. (1) On or before February 1 of each year, the
department shall prepare a report on all capital federal aid
participating construction projects completed in the prior fiscal
year. The report shall include the following information:
(a) Location of the project.
(b) General description of the project.
(c) As-bid cost of the project.
(d) As-built cost of the project.
(e) Estimated completion date.
(f) Actual completion date.
(g) Whether design engineering was performed by department
staff or contract engineering consultants.
(h) Design engineering costs.
(i) Whether construction engineering was performed by
department staff or contract engineering consultants.
(j) Construction engineering costs.
(k) Design life.
(2) The report shall include a discussion of design
engineering and construction engineering costs as a proportion of
total project costs and in comparison with other state
transportation agencies. The report shall also include a discussion
of relative efficiency and effectiveness of work performed by
department staff and work performed by contract engineering
consultants.
(3) The report described in this section shall be provided to
the senate and house appropriations subcommittees on
transportation, the senate and house standing committees on
transportation, and the senate and house fiscal agencies.
Sec. 660. (1) The legislature encourages the department to
examine the use of alternative road surface materials, including
recycled materials, and to develop criteria and specifications for
their use in both department-managed and contracted projects.
(2) The department shall report on efforts taken to implement
this section. The report shall include descriptions of specific
materials evaluated, evaluation methods, and results of specific
field or laboratory tests. The department shall complete and submit
the report to the state budget director, the house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies on or before March 1 of each year.
Sec. 670. (1) The department shall investigate, by way of bid
solicitation and all other practical means, the complete
refurbishment of all department winter maintenance trucks scheduled
for sale or retirement in the fiscal year ending September 30,
2019.
(2) On or before November 1, 2019, the department shall submit
to the house of representatives and senate appropriations
subcommittees and the house and senate fiscal agencies a final
report. The final report must include an analysis illustrating the
costs and benefits of the complete refurbishment of winter
maintenance trucks compared to the sale and purchase of new
equipment.
TRANSIT AND RAIL RELATED FUNDS
Sec. 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. 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. 703. After receiving notification from a railroad company
pursuant to section 8 of the state transportation preservation act
of 1976, 1976 PA 295, MCL 474.58, the department shall immediately
notify the house of representatives and senate appropriations
subcommittees on transportation and the state budget office that
the railroad company has filed with the appropriate governmental
agencies for abandonment of a line.
Sec. 704. From the funds appropriated in part 1, the
department shall prepare and transmit a report that provides detail
regarding the department's obligations for programs funded under
the appropriation in part 1 for rail operations and infrastructure.
The report shall include a breakdown of the appropriation by
program, year-to-date 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. The
initial report shall be submitted to the senate and house
appropriations subcommittees on transportation, the state budget
director, and the senate and house fiscal agencies, on or before
February 1, 2019. The department also shall update and resubmit the
final report on or before November 1, 2019. The department also
shall update and resubmit the final report for the 2017-2018 fiscal
year on or before November 1, 2018.
Sec. 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. 711. (1) As prescribed in subsection (2), the department
shall submit reports to the state budget director, the house and
senate appropriations subcommittees on transportation, and the
house and senate fiscal agencies on rail passenger service provided
by Amtrak under a contractual agreement with the department. The
report shall be submitted on or before May 1 of each year.
(2) The report shall include all of the following:
(a) Passenger counts for the preceding fiscal year for each
Amtrak service route in Michigan.
(b) Revenue and operating expenses by Amtrak route.
(c) Total state operating payments to Amtrak in the preceding
fiscal year by Amtrak route.
(d) A discussion of major factors affecting route costs and
revenue and net state costs in the preceding fiscal year, and
factors affecting route costs and revenue and net state costs
anticipated in the current and future fiscal years.
(e) Fare revenue by route and fare revenue as a percentage of
route operating expense.
Sec. 735. For the fiscal year ending September 30, 2019, the
appropriation to a street railway pursuant to section 10e(22) of
1951 PA 51, MCL 247.660e, is $0.
Sec. 750. From the funds appropriated in part 1 for rail
freight economic development, the department must expend at least
$2,500,000.00 of the comprehensive transportation fund on freight
economic development.
AERONAUTICS FUND
Sec. 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.
Sec. 802. The legislature encourages the department to find
private entities or local public agencies to assume ownership and
operating responsibility for airports currently owned by the
department.
Sec. 803. (1) Not later than November 1, 2018, the department,
in cooperation with the department of technology, management, and
budget, shall release a request for proposal seeking competitive
bids for the award of a contract for third party management and
sale of the department's aging aircraft. Third party management
shall include, but not be limited to: aircraft transportation
services, aircraft, aircraft personnel including pilots and
technicians, aircraft maintenance, aircraft facilities, and
aircraft fuel.
(2) The department shall forward a copy of the request for
proposal to the chairs of the house of representatives and senate
appropriations subcommittees on transportation at least 30 days
prior to the release for bidding of the request for proposal.
Sec. 804. The department shall not expend funds from the
appropriation in part 1, air fleet operations and maintenance, if
the department owns 5 or more aircraft. The department shall notify
the state budget director, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal
agencies when it owns 4 aircraft or fewer.
CAPITAL OUTLAY
Sec. 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 greater 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. 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.
