Bill Text: MI HB5783 | 2021-2022 | 101st Legislature | Chaptered


Bill Title: Appropriations: omnibus; appropriations for 2022-2023 and 2021-2022; provide for. Creates appropriation act.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2022-12-28 - Postponed For The Day [HB5783 Detail]

Download: Michigan-2021-HB5783-Chaptered.html

Act No. 166

Public Acts of 2022

Approved by the Governor*

July 20, 2022

Filed with the Secretary of State

July 20, 2022

EFFECTIVE DATE:  July 20, 2022

 

 

 

*Item Vetoes

 

ARTICLE 2

   DEPARTMENT OF CORRECTIONS

   Sec. 109. ONE-TIME APPROPRIATIONS

      Gender reassignment legal defense................................................ $        100,000   (Page 18)

 

   Sec. 805.

      Entire Section.        (Page 34)

 

ARTICLE 6

   DEPARTMENT OF HEALTH AND HUMAN SERVICES

   Sec. 116. FAMILY HEALTH SERVICES

      Maternal navigator pilot program..................................................... $        3,000,000   (Page 162)

      Maternity home program................................................................. $        4,000,000   (Page 162)

      Pregnancy resource centers............................................................ $        1,500,000   (Page 162)

 

   Sec. 243.

      Entire Section.        (Page 175)

 

   Sec. 532.

      Entire Section.        (Page 187)

 

   Sec. 548.

      Entire Section.        (Page 189)

 

   Sec. 1307.

      Entire Section.        (Page 216)

 

   Sec. 1323.

      Entire Section.        (Page 218)

 

   Sec. 1345.

      Entire Section.        (Page 219)

 

   Sec. 1346.

      Entire Section.        (Page 219)

 


 

 

 

 

 

 

 

 

 

 

state of michigan

101st Legislature

Regular session of 2022

Introduced by Reps. VanWoerkom and Albert

ENROLLED HOUSE BILL No. 5783

AN ACT to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, capital outlays, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2022 and September 30, 2023; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

ARTICLE 1

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 September 30, 2023, from the following funds:

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

531.0

 

 

GROSS APPROPRIATION

 

$

187,715,100

Total interdepartmental grants and intradepartmental transfers

 

 

326,700

ADJUSTED GROSS APPROPRIATION

 

$

187,388,400

Federal revenues:

 

 

 

Total federal revenues

 

 

19,670,900

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

21,300

Total other state restricted revenues

 

 

44,706,400

State general fund/general purpose

 

$

122,989,800

For Fiscal Year

Ending Sept. 30,

2023

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

31.0

 

 

Unclassified salaries—FTE positions

6.0

$

651,900

Accounting service center

 

 

1,048,500

Commissions and boards

 

 

23,800

Emergency management—FTEs

8.0

 

2,943,800

Executive direction—FTEs

23.0

 

3,288,800

Property management

 

 

752,400

GROSS APPROPRIATION

 

$

8,709,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

447,400

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

45,400

Dairy and food safety fund

 

 

102,700

Feed control fund

 

 

8,100

Fertilizer control fund

 

 

10,200

Freshwater protection fund

 

 

62,400

Gasoline inspection and testing fund

 

 

25,600

Industry support funds

 

 

57,000

Michigan craft beverage council fund

 

 

8,800

Private forestland enhancement fund

 

 

16,000

Refined petroleum fund

 

 

20,500

Weights and measures regulation fees

 

 

5,000

State general fund/general purpose

 

$

7,900,100

Sec. 103. INFORMATION AND TECHNOLOGY

 

 

 

Information technology services and projects

 

$

2,337,700

GROSS APPROPRIATION

 

$

2,337,700

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

91,400

Dairy and food safety fund

 

 

74,800

Feed control fund

 

 

15,000

Fertilizer control fund

 

 

15,000

Freshwater protection fund

 

 

15,000

Gasoline inspection and testing fund

 

 

32,400

State general fund/general purpose

 

$

2,094,100

Sec. 104. FOOD AND DAIRY

 

 

 

Full-time equated classified positions

139.0

 

 

Food safety and quality assurance—FTEs

103.0

$

18,518,900

Milk safety and quality assurance—FTEs

36.0

 

5,880,600

GROSS APPROPRIATION

 

$

24,399,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

2,787,100

USDA, multiple grants

 

 

137,100

Special revenue funds:

 

 

 

Consumer and industry food safety education fund

 

 

242,500

Dairy and food safety fund

 

 

5,484,400

Industry food safety education fund

 

 

114,100

Marihuana regulatory fund

 

 

350,000

Marihuana regulation fund

 

 

350,000

For Fiscal Year

Ending Sept. 30,

2023

State general fund/general purpose

 

$

14,934,300

Sec. 105. ANIMAL INDUSTRY

 

 

 

Full-time equated classified positions

62.0

 

 

Animal disease prevention and response—FTEs

62.0

$

10,520,900

Indemnification - livestock depredation

 

 

15,000

Michigan animal agriculture alliance

 

 

3,000,000

GROSS APPROPRIATION

 

$

13,535,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

15,100

USDA, multiple grants

 

 

1,067,400

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

71,800

Animal welfare fund

 

 

150,000

State general fund/general purpose

 

$

12,231,600

Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT

 

 

 

Full-time equated classified positions

101.0

 

 

Animal feed safety—FTEs

10.0

$

2,116,100

Pesticide and plant pest management—FTEs

91.0

 

15,606,400

GROSS APPROPRIATION

 

$

17,722,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

EPA, multiple grants

 

 

578,700

HHS, multiple grants

 

 

397,400

USDA, multiple grants

 

 

721,100

Special revenue funds:

 

 

 

Private - slow-the-spread foundation

 

 

21,300

Agriculture licensing and inspection fees

 

 

4,579,300

Commodity inspection fees

 

 

688,600

Feed control fund

 

 

1,402,100

Fertilizer control fund

 

 

1,347,800

Freshwater protection fund

 

 

157,500

Horticulture fund

 

 

70,000

Industrial hemp fund

 

 

677,200

Industry support funds

 

 

228,100

State general fund/general purpose

 

$

6,853,400

Sec. 107. ENVIRONMENTAL STEWARDSHIP

 

 

 

Full-time equated classified positions

66.5

 

 

Agricultural preservation easement grants

 

$

1,900,000

Environmental stewardship - MAEAP—FTEs

26.0

 

11,752,300

Farmland and open space preservation—FTEs

10.0

 

1,608,700

Intercounty drain—FTEs

6.0

 

862,600

Local conservation districts

 

 

2,000,000

Migrant labor housing—FTEs

9.0

 

1,357,300

Qualified forest program—FTEs

9.0

 

8,078,600

Right-to-farm—FTEs

6.5

 

1,025,600

GROSS APPROPRIATION

 

$

28,585,100

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from MDEGLE, biosolids

 

 

94,800

Federal revenues:

 

 

 

Department of interior

 

 

96,300

EPA, multiple grants

 

 

564,000

USDA, multiple grants

 

 

6,722,300

For Fiscal Year

Ending Sept. 30,

2023

Special revenue funds:

 

 

 

Agricultural preservation fund

 

$

3,508,700

Freshwater protection fund

 

 

8,331,700

Migratory labor housing fund

 

 

143,900

Private forestland enhancement fund

 

 

1,080,100

State general fund/general purpose

 

$

8,043,300

Sec. 108. LABORATORY PROGRAM

 

 

 

Full-time equated classified positions

108.5

 

 

Central licensing and customer call center—FTEs

13.0

$

1,533,100

Consumer protection program—FTEs

42.0

 

7,067,100

Laboratory services—FTEs

42.5

 

8,282,800

USDA monitoring—FTEs

11.0

 

1,704,300

GROSS APPROPRIATION

 

$

18,587,300

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from LARA (LCC), liquor quality testing fees

 

 

231,900

Federal revenues:

 

 

 

EPA, multiple grants

 

 

180,600

HHS, multiple grants

 

 

1,568,100

USDA, multiple grants

 

 

1,705,500

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

353,400

Dairy and food safety fund

 

 

526,100

Feed control fund

 

 

193,100

Fertilizer control fund

 

 

25,100

Freshwater protection fund

 

 

48,100

Gasoline inspection and testing fund

 

 

1,422,900

Grain dealers fee fund

 

 

8,200

Industrial hemp fund

 

 

321,300

Migratory labor housing fund

 

 

30,100

Refined petroleum fund

 

 

3,454,600

Testing fees

 

 

356,300

Weights and measures regulation fees

 

 

750,200

State general fund/general purpose

 

$

7,411,800

Sec. 109. AGRICULTURE DEVELOPMENT

 

 

 

Full-time equated classified positions

23.0

 

 

Agriculture development—FTEs

13.0

$

4,806,400

Fair food network - double up food bucks

 

 

900,000

Food and agriculture investment program

 

 

2,472,600

Michigan craft beverage council—FTEs

3.0

 

926,100

Office of rural development—FTE

1.0

 

679,800

Producer security/grain dealers—FTEs

5.0

 

754,000

Rural development fund grant program—FTE

1.0

 

2,004,800

GROSS APPROPRIATION

 

$

12,543,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

USDA, multiple grants

 

 

2,682,800

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

5,100

Grain dealers fee fund

 

 

710,100

Industry support funds

 

 

223,600

Michigan craft beverage council fund

 

 

896,100

Rural development fund

 

 

2,004,800

State general fund/general purpose

 

$

6,021,200

For Fiscal Year

Ending Sept. 30,

2023

Sec. 110. FAIRS AND EXPOSITIONS

 

 

 

County fairs, shows, and expositions

 

$

500,000

Fairs and racing

 

 

258,600

Horse racing advisory commission

 

 

125,000

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

Thoroughbred supplements - licensed tracks

 

 

601,900

GROSS APPROPRIATION

 

$

4,294,200

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Agriculture equine industry development fund

 

 

3,794,200

State general fund/general purpose

 

$

500,000

Sec. 111. ONE-TIME APPROPRIATIONS

 

 

 

Animal welfare and veterinary care

 

$

2,000,000

Economic development for food and agriculture

 

 

50,000,000

Local conservation districts

 

 

1,000,000

Office of rural development

 

 

3,000,000

Buy Michigan Campaign

 

 

1,000,000

GROSS APPROPRIATION

 

$

57,000,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

State general fund/general purpose

 

$

57,000,000

 

part 2

provisions concerning appropriations

for fiscal year

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 2022-2023 is $167,696,200.00 and state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is $13,600,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

 

 

Agriculture preservation easement grants

 

$

1,900,000

Animal welfare and veterinary care

 

 

300,000

Environmental stewardship/MAEAP

 

 

4,100,000

Local conservation districts

 

 

3,000,000

Office of rural development

 

 

1,500,000

Qualified forest program

 

 

1,400,000

Rural development fund grant program

 

 

1,400,000

TOTAL

 

$

13,600,000

 

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) “Fiscal agencies” means the Michigan house fiscal agency and the Michigan senate fiscal agency.

(d) “FTE” means full-time equated.

(e) “IDG” means interdepartmental grant.

(f) “MAEAP” means the Michigan agriculture environmental assurance program.

(g) “MDEGLE” means the Michigan department of environment, Great Lakes, and energy.

(h) “Subcommittees” means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department.

(i) “TB” means tuberculosis.

(j) “USDA” means the United States Department of Agriculture.

 

Sec. 204. (1) The departments and agencies receiving appropriations in part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement, and shall include placement of reports on an internet site.

(2) In fulfilling the reporting requirements of this part, the department shall notify report recipients when reports are posted to the department website.

 

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to funds appropriated in part 1:

(a) The funds must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

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

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

 

Sec. 206. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure 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 $3,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 211. 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, 2022 and September 30, 2023.

 

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, 2023 is $11,574,600.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $7,027,300.00. Total agency appropriations for retiree health care legacy costs are estimated at $4,547,300.00.

 

Sec. 215. The department shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the senate or house or a member’s staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

 

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

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

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

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

(a) Number of employees that were engaged in remote work in 2022.

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

(c) Estimated net cost savings achieved by remote work.

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

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

 

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this act, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this act for the particular department, board, commission, officer, or institution.

 

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

 

Sec. 220. The department 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 appropriations committees, the senate and house subcommittees on agriculture and rural development, the joint committee on administrative rules, and the senate and house fiscal agencies.

 

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

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

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

(c) By February 1, report to the 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 total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 222. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not do any of the following:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

Sec. 224. It is the intent of the legislature that departments maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

 

Sec. 241. When the department activates the incident management team to protect life or property, within 12 hours the department shall notify the senate and house members within whose district the site is located.

 

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.

(5) To the extent possible, the department will work with vendors supplying testing for certification of commercial pesticide applicators, private pesticide applicators, registered pesticide applicators, and approved trainers for use with pesticide applicators to ensure adequate testing capacity, statewide access to testing sites, and cost structures comparable to neighboring states.

 

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 fiscal year’s activities of the food and dairy division. The report shall include information on activities and outcomes of the dairy safety and inspection program, the food safety inspection program, the foodborne illness and emergency response program, and the food service program.

(2) The report shall include information on significant foodborne outbreaks and emergencies, including any significant enforcement actions taken related to food safety during the prior calendar year.

(3) The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

 

ANIMAL INDUSTRY

Sec. 451. From the funds appropriated in part 1, the department shall pay for all whole herd bovine TB testing costs and individual animal testing costs in the modified accredited zone and buffer counties as referenced in the current memorandum of understanding between the department and the USDA to maintain split-state status requirements. These costs include indemnity and compensation for injury causing death or downer to animals.

Sec. 452. (1) The department shall report on the previous calendar year’s activities of the animal industry division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

(2) The department shall include in the report all indemnification payments for livestock depredation made in the previous calendar year and shall include all of the following:

(a) The reason for the indemnification.

(b) The amount of the indemnification.

(c) The person for whom the indemnification was paid.

 

Sec. 454. The department shall use its resources to collaborate with the USDA to monitor bovine TB, consistent with the current required memorandum of understanding between the department and the USDA.

 

Sec. 455. From the funds appropriated in part 1 for animal disease prevention and response, $200,000.00 shall be used to cover costs associated with testing of registered privately owned cervid facilities as follows: for required surveillance testing for chronic wasting disease and for infected herd bovine TB testing.

 

Sec. 457. (1) On or before October 15 of each year, the department shall provide to the subcommittees, the fiscal agencies, and the state budget office a report on bovine TB status and department activities.

(2) For each fiscal quarter following the report required in subsection (1), the department shall provide an update to the subcommittees, the fiscal agencies, and the state budget office. The quarterly update reports shall identify significant impacts to the program, including new incidence of bovine TB in this state, department activity associated with specific new incidence of bovine TB, any changes in USDA requirements or movement orders, and information and data on wildlife risk mitigation plan implementation in the modified accredited zone; implementation of a movement certificate process; progress toward annual surveillance test requirements; efforts to work with slaughter facilities in this state, as well as those that slaughter a significant number of animals from this state; 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 Michigan animal agriculture alliance, the department shall work with animal industry representatives and state research universities to continue an animal research grant program.

 

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.

 

Sec. 502. From the funds appropriated in part 1 for pesticide and plant pest management, $1,170,000.00 shall be used for staffing and operational support for education and compliance assistance efforts to ensure uniform application of pesticide regulations.

 

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 natural resources and environmental protection act, 1994 PA 451, MCL 324.8701 to 324.8717, and technical assistance in implementing conservation grants available under the federal farm bill of 2018, Public Law 115-334.

 

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. 603. In addition to the report required under section 602, by April 1, the department shall prepare a report to be posted on the department’s website and provided to the relevant house and senate standing committees and appropriations subcommittees as well as to the fiscal agencies and state budget office. The report shall contain the following information for agriculture nutrient best management voluntary practices program: number and location of acres enrolled in nutrient management or other best management practices; number of acres enrolled that were not previously verified under the MAEAP; summary of practices implemented and available incentive programs; starting and ending balances of the program; summary of outreach and training efforts; and testing results.

Sec. 604. The department may receive and expend federal revenues up to a total of $1,000,000.00 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 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.

 

Sec. 609. (1) The appropriations in part 1 for local conservation districts shall be distributed in equal amounts to local conservation districts in this state that were in operation as of April 15, 2021.

(2) On or before March 1, 2023, the department shall report on the previous calendar year’s activities of local conservation districts. The report shall include descriptions of local conservation district activities and funding, including uses of appropriations made in part 1. In preparing this report, the department shall coordinate with representatives of local conservation districts. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website.

 

Sec. 610. From the funds appropriated in part 1, the department shall maintain coordination with the department of treasury to improve the timely processing and issuance of tax credits under section 36109 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36109, for the Michigan’s farmland and open space preservation program under parts 361 and 362 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101 to 324.36116 and 324.36201 to 324.36207. This includes, but is not limited to:

(a) Timely review of mailed applications and paperwork.

(b) Timely and proactive communications to applicants on the status of their application.

(c) A clear and understood timeline for the issuance of any tax credits.

 

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 with a focus on new and expanding protein processors, and the expansion of farm markets and urban agriculture, including promotion of hoop houses, and increase food processing activities within this state by accelerating projects and infrastructure development that support growth in the food and agriculture processing industry.

(3) In addition to the funds appropriated in part 1, the department may receive and expend funds received from outside sources for the food and agriculture investment program.

(4) Before the allocation of funding, all projects shall receive approval from the Michigan commission of agriculture and rural development, except for projects selected through a competitive process by a joint evaluation committee selected by the director and consisting of representatives that have agriculture, business, and economic development expertise. Projects funded through the food and agriculture investment program will be required to have a grant agreement that outlines milestones and activities that must be met in order to receive a disbursement of funds. Projects must also identify measurable project outcomes.

(5) The department shall include in the agriculture development annual report a report on the food and agriculture investment program for the previous fiscal year that includes a listing of the grantees, award amounts, match funding, project locations, and project outcomes.

(6) The food and agriculture investment program shall be administered by the department and provide support for food and agriculture projects that will enable growth in the industry and this state’s economy.

(7) The unexpended funds appropriated in part 1 for the food and agriculture investment program are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to promote and expand the Michigan food and agriculture sector, grow Michigan exports, and increase food processing activities within the state.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(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, 2025.

(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 5% 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. 702a. The office of rural development shall act to encourage and enable appropriate community advancements and improvements, including, but not limited to, housing, infrastructure, education, workforce development, and other needs uniquely present in rural areas of this state that will assist in expansion of rural agriculture development.

 

Sec. 703. (1) From the funds appropriated in part 1 for fair food network – double up food bucks, the department shall work with the fair food network to ensure that at least 80% of the funds allocated to the double up food bucks program are directly used for the payments to participating vendors.

(2) The department shall work with the department of health and human services to do all of the following:

(a) Notify recipients of food assistance program benefits that food assistance program benefits can be accessed at many farmer’s markets in this state with bridge cards.

(b) Notify recipients of food assistance program benefits about the double up food bucks program that is administered by the fair food network. Food assistance program recipients shall receive information about the double up food bucks program, including information that explains that when program recipients spend up to $20.00 at participating farmer’s markets and grocery stores, the recipient can receive an additional $20.00 to buy Michigan produce.

(3) The department shall work with the fair food network to expand access to the double up food bucks program in each of the state’s counties with grocery stores or farmer’s markets that meet the program’s eligibility requirements.

(4) On or before June 1, 2023, the department shall submit a report on activities and outcomes of the double up food bucks program to the subcommittees and the fiscal agencies. The report shall contain all of the following:

(a) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name and location of vendors, as of May 1, 2022.

(b) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name of location of vendors, as of May 1, 2023. The report shall highlight counties and vendors added to the program since May 1, 2022.

(c) Number of individuals participating in the program, by county.

 

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.

(3) The report shall include the following information on the Michigan craft beverage council established under section 303 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1303:

(a) Council activities and accomplishments for the previous fiscal year.

(b) Council expenditures for the previous fiscal year by category of administration, industry support, research and education grants, and promotion and consumer education.

(c) Grants awarded during the previous fiscal year and the results of research grant projects completed during the previous fiscal year.

 

Sec. 707. Unexpended industry support fund revenues at the end of the fiscal year may be carried forward into the industry support fund in the succeeding fiscal year and shall not lapse to the general fund.

 

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. From the funds appropriated in part 1 from agriculture equine industry development funds, available revenue shall be allocated in the following priority order:

(a) To support all administrative, contractual, and regulatory costs incurred by the department and the Michigan gaming control board.

(b) Up to $495,000.00 shall be allocated to the purses and supplements – fairs/licensed tracks line item.

(c) Any remaining funds collected through September 30, 2022, after the obligations in subdivisions (a) and (b) have been met, shall be prorated equally among the supplements, breeders’ awards, and sire stakes awards to eligible race meeting licensees in accordance with section 20 of the horse racing law of 1995, 1995 PA 279, MCL  431.320.

 

Sec. 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 this state.

(b) Provide financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in this state.

(2) The department shall award grants on a competitive basis to county fairs or other organizations from the funds appropriated in part 1 for county fairs, shows, and expositions grants. Grantees will be required to provide a 50% cash match with grant awards and identify measurable project outcomes. A county fair organization that received a county fair capital improvement grant in the prior fiscal year shall not receive a grant from the appropriation in part 1.

(3) From the amount appropriated in part 1 for county fairs, shows, and expositions, up to $25,000.00 shall be expended for the purpose of financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in this state, and festivals.

(4) All fairs receiving grants under this section shall provide a report to the department on the financial impact resulting from the capital improvement project on both fair and nonfair events. These reports are due for 3 years immediately following the completion of the capital improvement project.

(5) The department shall identify criteria, evaluate applications, and provide recommendations to the director for final approval of grant awards.

(6) The department may expend money from the funds appropriated in part 1 for the county fairs, shows, and expositions for administering the program.

(7) The unexpended portion of the appropriation in part 1 for 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 this 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, 2025.

(8) The department shall provide a year-end report on the county fairs, shows, and expositions grants no later than December 1, 2023 to the subcommittees, the fiscal agencies, and the state budget director that includes a listing of the grantees, award amounts, match funding, project outcomes, and department costs of grant administration.

 

ONE-TIME APPROPRIATIONS

Sec. 900. (1) From the funds appropriated in part 1 for the office of rural development, the department shall establish a grant program to support community activities, including, but not limited to, enhancing or elevating broadband, housing, infrastructure, education, workforce development and address other needs uniquely experienced in rural areas of Michigan.

(2) From the funds appropriated in part 1, the department may increase capacity by a total of 3.0 FTE positions (limited term) to administer the program.

(3) The unexpended funds appropriated in part 1 for the office of rural development 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 supporting rural communities.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The estimated cost of this project is $3,000,000.00.

(d) The tentative completion date for the work project is September 30, 2027.

 

Sec. 901. (1) From the funds appropriated in part 1 for economic development for food and agriculture, the department shall establish a grant program to support the food supply chain from Michigan farms and improve food safety and security in this state.

(2) From the funds appropriated in part 1, the department may increase capacity by a total of 8.0 FTE positions (limited term) to administer the program.

(3) The unexpended funds appropriated in part 1 for economic development for food and agriculture 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, 29 MCL 18.1451a:

(a) The purpose of the project is for stabilizing and accelerating the food supply chain while significantly increasing food security and reducing environmental risk in Michigan.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The estimated cost of this project is $50,000,000.00.

(d) The tentative completion date for the work project is September 30, 2027.

(4) From the funds appropriated in part 1 for economic development for food and agriculture, $12,000,000.00 shall be allocated to the Eastern Market.

 

Sec. 902. The unexpended funds appropriated in part 1 for animal welfare and veterinary care 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, 29 MCL 18.1451a:

(a) The purpose of the project is to provide veterinary services and resources to animal care facilities.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The estimated cost of this project is $2,000,000.00.

(d) The tentative completion date for the work project is September 30, 2027.

 

ARTICLE 2

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, 2023, from the following funds:

DEPARTMENT OF CORRECTIONS

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

16.0

 

 

For Fiscal Year

Ending Sept. 30,

2023

Full-time equated classified positions

13,498.4

 

 

GROSS APPROPRIATION

 

$

2,125,068,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

2,125,068,000

Federal revenues:

 

 

 

Total federal revenues

 

 

5,148,400

Special revenue funds:

 

 

 

Total local revenues

 

 

9,879,500

Total private revenues

 

 

0

Total other state restricted revenues

 

 

29,831,800

State general fund/general purpose

 

$

2,080,208,300

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

16.0

 

 

Full-time equated classified positions

355.0

 

 

Unclassified salaries—FTEs

16.0

$

2,142,100

Administrative hearings officers

 

 

3,478,000

Budget and operations administration—FTEs

266.0

 

38,091,600

Compensatory buyout and union leave bank

 

 

100

County jail reimbursement program

 

 

14,814,600

Employee wellness programming—FTEs

6.0

 

2,021,400

Equipment and special maintenance

 

 

1,559,700

Executive direction—FTEs

22.0

 

4,667,700

Judicial data warehouse user fees

 

 

50,600

New custody staff training

 

 

21,616,300

Prison industries operations—FTEs

61.0

 

10,230,300

Property management

 

 

2,479,200

Prosecutorial and detainer expenses

 

 

4,801,000

Worker’s compensation

 

 

12,991,700

GROSS APPROPRIATION

 

$

118,944,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, prison rape elimination act grant

 

 

674,700

Special revenue funds:

 

 

 

Correctional industries revolving fund

 

 

10,230,300

Correctional industries revolving fund 110

 

 

721,600

Jail reimbursement program fund

 

 

5,900,000

State general fund/general purpose

 

$

101,417,700

Sec. 103. OFFENDER SUCCESS ADMINISTRATION

 

 

 

Full-time equated classified positions

342.9

 

 

Community corrections comprehensive plans and services

 

$

13,198,100

Education/skilled trades/career readiness programs—FTEs

264.9

 

39,100,400

Enhanced food technology program—FTEs

11.0

 

1,640,000

Goodwill Flip the Script

 

 

1,250,000

Offender success community partners

 

 

14,500,000

Offender success federal grants

 

 

751,000

Offender success programming

 

 

16,122,800

Offender success services—FTEs

67.0

 

17,545,600

Public safety initiative

 

 

4,000,000

Residential probation diversions

 

 

16,575,500

GROSS APPROPRIATION

 

$

124,683,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, prisoner reintegration

 

 

751,000

For Fiscal Year

Ending Sept. 30,

2023

Federal education funding

 

$

1,599,400

State general fund/general purpose

 

$

122,333,000

Sec. 104. FIELD OPERATIONS ADMINISTRATION

 

 

 

Full-time equated classified positions

1,880.5

 

 

Criminal justice reinvestment

 

$

3,748,400

Field operations—FTEs

1,849.5

 

227,464,600

Parole board operations—FTEs

31.0

 

3,942,800

Parole/probation services

 

 

940,000

Residential alternative to prison program

 

 

1,500,000

GROSS APPROPRIATION

 

$

237,595,800

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Community tether program reimbursement

 

 

275,000

Reentry center offender reimbursements

 

 

10,000

Supervision fees

 

 

6,630,500

Supervision fees set-aside

 

 

940,000

State general fund/general purpose

 

$

229,740,300

Sec. 105. CORRECTIONAL FACILITIES ADMINISTRATION

 

 

 

Full-time equated classified positions

660.0

 

 

Central records—FTEs

43.0

$

4,904,400

Correctional facilities administration—FTEs

37.0

 

6,702,400

Housing inmates in federal institutions

 

 

511,000

Inmate housing fund

 

 

100

Inmate legal services

 

 

290,900

Leased beds and alternatives to leased beds

 

 

100

Prison food service—FTEs

336.0

 

74,415,900

Prison store operations—FTEs

33.0

 

3,472,500

Transportation—FTEs

211.0

 

31,555,800

GROSS APPROPRIATION

 

$

121,853,100

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

 

 

670,800

Resident stores

 

 

3,472,500

State general fund/general purpose

 

$

117,026,800

Sec. 106. HEALTH CARE

 

 

 

Full-time equated classified positions

1,469.3

 

 

Clinical complexes—FTEs

1,033.3

$

154,703,900

Health care administration—FTEs

18.0

 

3,660,100

Healthy Michigan plan administration—FTEs

12.0

 

1,019,000

Hepatitis C treatment

 

 

8,810,700

Interdepartmental grant to health and human services, eligibility specialists

 

 

120,200

Mental health and substance use disorder treatment services—FTEs

406.0

 

52,914,000

Prisoner health care services

 

 

94,793,600

Vaccination program

 

 

691,200

GROSS APPROPRIATION

 

$

316,712,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues and reimbursements

 

 

405,500

Special revenue funds:

 

 

 

Prisoner health care co-payments

 

 

257,200

State general fund/general purpose

 

$

316,050,000

For Fiscal Year

Ending Sept. 30,

2023

Sec. 107. CORRECTIONAL FACILITIES

 

 

 

Full-time equated classified positions

8,790.7

 

 

Alger Correctional Facility - Munising—FTEs

259.0

$

32,785,600

Baraga Correctional Facility - Baraga—FTEs

295.8

 

39,038,000

Bellamy Creek Correctional Facility - Ionia—FTEs

392.2

 

47,952,000

Carson City Correctional Facility - Carson City—FTEs

421.4

 

52,521,700

Central Michigan Correctional Facility - St. Louis—FTEs

386.6

 

49,518,200

Charles E. Egeler Correctional Facility - Jackson—FTEs

386.6

 

49,282,900

Chippewa Correctional Facility - Kincheloe—FTEs

443.6

 

55,403,800

Cooper Street Correctional Facility - Jackson—FTEs

254.6

 

31,773,300

Detroit Detention Center—FTEs

75.8

 

9,604,500

Earnest C. Brooks Correctional Facility - Muskegon—FTEs

248.2

 

32,733,100

G. Robert Cotton Correctional Facility - Jackson—FTEs

396.0

 

48,836,300

Gus Harrison Correctional Facility - Adrian—FTEs

443.6

 

54,123,800

Ionia Correctional Facility - Ionia—FTEs

288.3

 

36,863,100

Kinross Correctional Facility - Kincheloe—FTEs

258.6

 

35,253,100

Lakeland Correctional Facility - Coldwater—FTEs

275.4

 

35,548,100

Macomb Correctional Facility - New Haven—FTEs

313.3

 

40,421,100

Marquette Branch Prison - Marquette—FTEs

319.7

 

40,821,000

Michigan Reformatory - Ionia—FTEs

310.1

 

38,104,200

Muskegon Correctional Facility - Muskegon—FTEs

208.0

 

28,472,700

Newberry Correctional Facility - Newberry—FTEs

199.1

 

26,335,100

Oaks Correctional Facility - Eastlake—FTEs

289.4

 

37,750,800

Parnall Correctional Facility - Jackson—FTEs

266.1

 

31,673,400

Richard A. Handlon Correctional Facility - Ionia—FTEs

258.0

 

33,662,700

Saginaw Correctional Facility - Freeland—FTEs

276.9

 

35,767,400

Special Alternative Incarceration Program - Jackson—FTEs

26.2

 

5,206,400

St. Louis Correctional Facility - St. Louis—FTEs

306.6

 

40,700,000

Thumb Correctional Facility - Lapeer—FTEs

283.6

 

36,432,500

Womens Huron Valley Correctional Complex - Ypsilanti—FTEs

505.1

 

63,863,000

Woodland Correctional Facility - Whitmore Lake—FTEs

296.9

 

39,396,200

Northern region administration and support—FTEs

43.0

 

4,582,900

Southern region administration and support—FTEs

63.0

 

19,368,300

GROSS APPROPRIATION

 

$

1,133,795,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, state criminal assistance program

 

 

1,034,800

Special revenue funds:

 

 

 

Local funds

 

 

9,604,500

State restricted fees, revenues and reimbursements

 

 

102,100

State general fund/general purpose

 

$

1,123,053,800

Sec. 108. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

31,383,500

GROSS APPROPRIATION

 

$

31,383,500

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Correctional industries revolving fund 110

 

 

182,000

Supervision fees set-aside

 

 

714,800

State general fund/general purpose

 

$

30,486,700

Sec. 109. ONE-TIME APPROPRIATIONS

 

 

 

Body scanners

 

$

4,500,000

Chance for Life

 

 

500,000

COVID-19 suspended intake payments

 

 

1,000,000

Electronic prisoner/staff communications

 

 

15,000,000

For Fiscal Year

Ending Sept. 30,

2023

Gender reassignment legal defense

 

$

100,000

Goodwill Flip the Script

 

 

750,000

Improvements to staff areas in correctional facilities

 

 

2,500,000

John Does v MDOC settlement agreement

 

 

15,000,000

Officer uniforms

 

 

500,000

Page alert system

 

 

1,000,000

Prosperity region 8 pilot program

 

 

500,000

Savings from reduced populations

 

 

(3,750,000)

Vocational village expansion

 

 

2,500,000

GROSS APPROPRIATION

 

$

40,100,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

40,100,000

 

part 2

provisions concerning appropriations

for fiscal year

general sections

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2022-2023 is $2,110,040,100.00 and state spending from state sources to be paid to local units of government is $125,615,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF CORRECTIONS

 

 

 

Community corrections comprehensive plans and services

 

$

13,198,100

County jail reimbursement program

 

 

14,814,600

COVID-19 suspended intake payments

 

 

1,000,000

Field Operations

 

 

69,726,100

Leased beds and alternatives to leased beds

 

 

100

Prosecutorial and detainer expenses

 

 

4,801,000

Public safety initiative

 

 

4,000,000

Residential alternative to prison program

 

 

1,500,000

Residential probation diversions

 

 

16,575,500

TOTAL

 

$

$125,615,400

 

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) “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) “Department” or “MDOC” means the Michigan department of corrections.

(c) “DOJ” means the United States Department of Justice.

(d) “DOJ-BOP” means the DOJ Bureau of Prisons.

(e) “Evidence-based” means a decision-making process that integrates the best available research, clinician expertise, and client characteristics.

(f) Federally-qualified health center” means that term as defined in section 1396d(l)(2)(B) of the social security act, 42 USC 1396d.

(g) “FTE” means full-time equated.

(h) “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.

(i) “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.

(j) “OCC” means the office of community corrections.

(k) “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.

(l) “Recidivism” means that term as defined in section 1 of 2017 PA 5, MCL 798.31.

(m) “Serious emotional disturbance” means that term as defined in section 100d(2) of the mental health code, 1974 PA 258, MCL 330.1100d.

(n) “Serious mental illness” means that term as defined in section 100d(3) of the mental health code, 1974 PA 258, MCL 330.1100d.

(o) “SSA” means the United States Social Security Administration.

(p) “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 shall include transmission of reports via email to the recipients identified for each reporting requirement and it shall include placement of reports on an internet site.

 

Sec. 205. Except as otherwise provided in this part, all reports required under this part 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.

 

Sec. 206. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL  18.1261, all of the following apply:

(a) 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.

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

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

 

Sec. 207. The department shall not take disciplinary action against an employee of the department in the state classified civil service, or a prisoner, for communicating with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department is exercising its authority as provided by law.

 

Sec. 208. 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 and to report recipients required in section 205 of this part. 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. 209. 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. 210. Not later than November 30, the state budget office shall prepare and transmit a report that provides 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. 211. In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,500,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 212. 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. 213. 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. 214. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance.

 

Sec. 215. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $270,855,400.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $164,444,700.00. Total department appropriations for retiree health care legacy costs are estimated at $106,410,700.00.

 

Sec. 216. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure 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. 217. (1) On a quarterly basis, the department shall report on the number of full-time equated positions in pay status by civil service classification, including the number of full-time equated positions in pay status by civil service classification for each correctional facility. This report must include the following:

(a) A comparison by line item of the number of full-time equated positions authorized from funds appropriated in part 1 to the actual number of full-time equated positions employed by the department at the end of the reporting period.

(b) A detailed accounting of all vacant positions that exist within the department.

(c) A detailed accounting of all correction officer positions at each correctional facility, including positions that are filled and vacant positions, by facility.

(d) A detailed accounting of all vacant positions that are health-care-related.

(e) A detailed accounting of vacant positions that are being held open for temporarily nonactive employees.

(2) By March 1, the department shall report the following information:

(a) Number of employees that were engaged in remote work in 2022.

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

(c) Estimated net cost savings achieved by remote work.

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

(3) As used in this section, “vacant position” means any position that has not been filled at any time during the past 12 calendar months.

 

Sec. 218. It is the intent of the legislature that the department maximize the efficiency of the state workforce, and, where possible, prioritize in-person work. The department must post its in-person, remote, or hybrid work policy on its website.

 

Sec. 219. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, inter-transfer funds within this article for the particular department, board, commission, officer, or institution.

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. 221. 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. 222. The department 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 appropriations committees, to the joint committee on administrative rules, and to report recipients required in section 205 of this part.

 

Sec. 223. (1) From the funds appropriated in part 1, the department shall do the following:

(a) Report to the senate and house appropriations committees and to report recipients required in section 205 of this part any amounts of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

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

(c) By February 1, report on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 224. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

Sec. 225. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

Sec. 226. It is the intent of the legislature that the department establish and maintain a management-to-staff ratio of not more than 1 supervisor for each 8 employees at the department’s central office in Lansing and at both the northern and southern region administration offices.

 

Sec. 227. The department shall provide the state court administrative office data sufficient to administer 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. 302. From the funds appropriated in part 1, the department shall submit a report by March 1 on the department’s staff retention strategies. The report must include, but not be limited to, the following:

(a) The department’s strategies on how to improve employee engagement, how to improve employee wellness, and how to offer additional training and professional development for employees, including metrics the department is using to measure success of employee wellness programming.

(b) Mechanisms by which the department receives employee feedback in areas under subdivision (a) and how the department considers suggestions made by employees.

(c) Steps the department has taken, and future plans and goals the department has for retention and improving employee wellness.

 

Sec. 303. From the funds appropriated in part 1, the department shall submit a report by March 1 on the number of employee departures. The report must include the number of corrections officers that departed from employment at a state correctional facility in the immediately preceding fiscal year and the number of years they worked for the department. The report shall include a chart that shows the normal distribution of employee departures in these positions based on years of service. Years of service shall be grouped into the following ranges: 1 to 3 years, 3 to 5 years, 5 to 10 years, 10 to 15 years, 15 to 20 years, and 20 and more years. The department shall review all reasons for employee departures and summarize in the report the primary reasons for departure for each of the ranges of years of service based on the available responses. The report shall include a section that shows the distinction between recruits who are in-training at the academy that depart employment, recruits who are in-training at a facility that depart employment, and employees who have been on the job that depart employment.

 

Sec. 304. From the funds appropriated in part 1, 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 on process improvements that were implemented based on suggestions that were recommended for implementation from the staff savings initiative and EPIC programs. An employee whose suggestion is implemented by the department shall receive noncompensatory recognition for their efforts.

 

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. The department shall provide fiduciary oversight of funds received under the local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546.

 

Sec. 307. From the funds appropriated in part 1, the department shall issue a biannual report for all vendor contracts. 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. From the funds appropriated in part 1, the department shall ensure the prisoner telephone system provider establishes a new per-minute telephone charge effective October 1, 2022. The change in telephone rates must reflect the complete elimination of the telephone contract as a revenue source for the program and special equipment fund. The department shall negotiate the lowest per-minute rate while meeting its ongoing operational needs and should consider the progress in achieving this goal prior to any decision to extend the term of the contract. The department shall provide notice within 15 days of any change in the per-minute cost of telephone calls, including the reduction required under this section.

 

Sec. 309. From the funds appropriated in part 1, 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. 310. From the funds appropriated in part 1, the department shall issue a report for all correctional facilities 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. (1) From the funds appropriated in part 1, the department shall provide a strategic plan update report that details the progress being made in achieving the strategic plan of the department. The report shall be submitted by March 1 and shall contain updates on relevant strategic plan objectives, as well as key statistics and information about the department’s efforts to decrease the overall recidivism rate and promote offender success by ensuring readiness to reenter society.

(2) Reports and studies related to the effectiveness of departmental programming created as part of a strategic plan objective shall be provided within 30 days of being received by or completed by the department.

 

Sec. 312. From the funds appropriated in part 1, the department shall provide a report on the Michigan state industries program by December 1. 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. 313. (1) Funds appropriated in part 1 for employee wellness programming shall be used for post-traumatic stress outreach, treating mental health issues, peer support programs, and providing mental health programming for all department staff, including former employees.

(2) By December 15, the department shall submit a report on programs the department has established, the level of employee involvement, and expenditures made by the department for employee wellness programming.

 

Sec. 314. (1) From the funds appropriated in part 1, the department shall work to hire and train new corrections officers to address attrition of corrections officers and to decrease overtime costs. The department shall submit quarterly reports on new employee schools. The reports must include the following information for the immediately preceding fiscal quarter, and as much of the information as possible for the current and next fiscal year.

(a) The number of new employee schools that took place and the location of each.

(b) The number of recruits that started in each employee school.

(c) The number of recruits that graduated from each employee school and continued employment with the department.

(2) The report must outline the department’s strategy to achieve a 5% or lower target corrections officer vacancy rate, must include reasons for not meeting the rate, and must explain challenges facing the department when trying to meet the rate.

 

Sec. 315. From the funds appropriated in part 1, the department shall submit a quarterly report on the number of overtime hours worked by all custody staff, by facility. The report shall include for each facility, the number of mandatory overtime hours worked, the number of voluntary overtime hours worked, the reasons for overtime hours worked, and the average number of overtime hours worked by active employees.

Sec. 316. From the funds appropriated in part 1, the department may establish agreements and exchange offender data with local, state, and federal agencies, law enforcement, community service and treatment providers, and research partners in order to improve offender success, reduce recidivism risk, and enhance public safety. This data sharing may include, but is not limited to, efforts to support the following:

(a) Providing continuing access to behavioral health, physical health, and medication needs through community-based providers.

(b) Establishing assistance program eligibility and participation.

(c) Collaborating with community service providers for continued care and access to services for offenders.

(d) Providing ongoing cognitive and behavioral treatment programming in the community.

(e) Providing substance abuse testing and referrals for counseling services and treatment.

(f) Providing vocational skill training, job placement support, and monitoring employment attainment.

(g) Determining educational attainment and needs.

(h) Establishing accurate offender identification, criminal histories, and monitoring new criminal activity.

(i) Measuring and evaluating treatment programs and services in support of evidence-based practices.

 

Sec. 317. From the funds appropriated in part 1, the department shall submit a status report on the corrections officer training academy on January 30 and June 30 to the joint capital outlay subcommittee and to recipients required in section 205 of this part. The report shall include, but not be limited to, the following:

(a) History of appropriations for the project, including appropriations made specifically for the project and appropriations made from other operating line items to support project expenditures.

(b) Anticipated costs of the project, by phase.

(c) Actual expenditures made for the project by line item, fund source, fiscal year, and phase of the project, starting with initial expenditures.

(d) Any other information the department considers necessary.

 

Sec. 318. From the funds appropriated in part 1, the department shall submit a report by April 1 on changes to existing programs that offer professional development and training opportunities for all levels of custody supervisors and first line managers. The report must include an overview of any changes to existing departmental programs, as well as a review of programs available in other organizations and states that serve similar purposes that may be adopted in part or in full to enhance departmental training.

 

Sec. 319. From the funds appropriated in part 1, the department shall submit 3-year and 5-year prison population projection updates concurrent with submission of the executive budget recommendation, including explanations of the methodology and assumptions used in developing the projection updates.

 

Sec. 320. From the funds appropriated in part 1, the department shall place the statistical report from the immediately preceding calendar year on an internet site by June 30. The statistical report shall include, but not be limited to, the information as provided in the 2004 statistical report.

 

Sec. 321. From the funds appropriated in part 1, the department shall measure the reincarceration recidivism rates of offenders based on available data.

 

Sec. 322. (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 the felon 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 section shall be $65.00 per diem per diverted offender for offenders with a presumptive prison guideline score, $55.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 1 crime, and $40.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 2 crime. Reimbursements shall be paid for sentences up to a 1-year total.

(4) As used in this section:

(a) “Group 1 crime” means a crime in 1 or more of the following offense categories: arson, assault, assaultive other, burglary, criminal sexual conduct, homicide or resulting in death, other sex offenses, robbery, and weapon possession as determined by the department based on specific crimes for which counties received reimbursement under the county jail reimbursement program in fiscal year 2007 and fiscal year 2008, and listed in the county jail reimbursement program document titled “FY 2007 and FY 2008 Group One Crimes Reimbursed”, dated March 31, 2009.

(b) “Group 2 crime” means a crime that is not a group 1 crime, including larceny, fraud, forgery, embezzlement, motor vehicle, malicious destruction of property, controlled substance offense, felony drunk driving, and other nonassaultive offenses.

(c) “In the custody of the sheriff” means that the convicted felon has been sentenced to the county jail and is either housed in a county jail, is in custody but is being housed at a hospital or medical facility for a medical or mental health purpose, or has been released from jail and is being monitored through the use of the sheriff’s electronic monitoring system.

(5) County jail reimbursement program expenditures shall not exceed the amount appropriated in part 1 for the county jail reimbursement program. Payments to counties under the county jail reimbursement program shall be made in the order in which properly documented requests for reimbursements are received. A request shall be considered to be properly documented if it meets departmental requirements for documentation. By October 15, the department shall distribute the documentation requirements to all counties.

(6) Any county that receives funding under this section for the purpose of housing in jails certain felons who otherwise would have been sentenced to prison shall, as a condition of receiving the funding, report by September 30 an annual average jail capacity and annual average jail occupancy for the immediately preceding fiscal year.

(7) Not later than February 1, the department shall report all of the following information:

(a) The number of inmates sentenced to the custody of the sheriff and eligible for the county jail reimbursement program.

(b) The total amount paid to counties under the county jail reimbursement program.

(c) The total number of days inmates were in the custody of the sheriff and eligible for the county jail reimbursement program.

(d) The number of inmates sentenced to the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).

(e) The total amount paid to counties under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).

(f) The total number of days inmates were in the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).

(g) The estimated cost of housing inmates sentenced to the custody of the sheriff and eligible for the county jail reimbursement program as inmates of a state prison.

 

Sec. 323. (1) From the funds appropriated in part 1, the department shall provide monthly email reports on prisoner populations by security levels by facility, prison facility capacities, and parolee and probationer populations.

(2) The department shall provide monthly email reports that include information on end-of-month prisoner populations in county jails, the net operating capacity according to the most recent certification report, identified by date, the number of beds in currently closed housing units by facility, and end-of-month data, year-to-date data, and comparisons to the prior year for the following:

(a) Community residential program populations, separated by centers and electronic monitoring.

(b) Parole populations.

(c) Probation populations, with identification of the number in special alternative incarceration.

(d) Prison and camp populations, with separate identification of the number in special alternative incarceration and the number of lifers.

(e) Prisoners classified as past their earliest release date.

(f) Parole board activity, including the numbers and percentages of parole grants and parole denials.

(g) Prisoner exits, identifying transfers to community placement, paroles from prisons and camps, paroles from community placement, total movements to parole, prison intake, prisoner deaths, prisoners discharging on the maximum sentence, and other prisoner exits.

(h) Prison intake and returns, including probation violators, new court commitments, violators with new sentences, escaper new sentences, total prison intake, returns from court with additional sentences, community placement returns, technical parole violator returns, and total returns to prison and camp.

(3) If the department knows it will not meet the reporting requirements under this section, the department shall immediately issue a report stating that fact and listing the reasons for not meeting the reporting requirements.

 

Sec. 324. From the funds appropriated in part 1 for new custody staff training, the department shall target training at hiring a minimum of 800 corrections officers to address higher than normal attrition of correction officers and to decrease overtime costs.

 

OFFENDER SUCCESS ADMINISTRATION

Sec. 401. (1) From the funds appropriated in part 1, the department shall provide a report on offender success expenditures and allocations. At a minimum, the report shall include all the following and be submitted by March 1:

(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.

(2) The department may accept cash or in-kind donations to supplement funds for prison education training, supplies, and materials necessary to complete the academic and jobs skills related programs. All funds received are appropriated and may be expended by the department.

 

Sec. 402. From the funds appropriated in part 1, 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. 403. 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. 404. (1) From the funds appropriated in part 1, the department shall design services for offender success and vocational education programs, collaborating with the department of labor and economic opportunity and local entities to the extent deemed necessary by the director. The department shall ensure the program provides relevant professional development opportunities to prisoners who 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.

(2) By March 1, the department shall provide a report detailing the results of the workforce development program.

 

Sec. 405. (1) Funds awarded for residential probation diversions in part 1 shall provide for a per diem reimbursement of not more than $65.00.

(2) Pursuant to an approved comprehensive plan, allowable uses of community corrections comprehensive plans and services funds shall include reimbursing counties for transportation, treatment costs, and housing drunk drivers during a period of assessment for treatment and case planning. Reimbursements for housing during the assessment process shall be at the rate of $43.50 per day per offender, up to a maximum of 5 days per offender.

 

Sec. 406. (1) From the funds appropriated in part 1, the department shall submit the following information for each county and counties consolidated for community corrections comprehensive plans:

(a) Approved technical assistance grants and community corrections comprehensive plans including each program and level of funding, the utilization level of each program, and profile information of enrolled offenders.

(b) If federal funds are made available, the number of participants funded, the number served, the number successfully completing the program, and a summary of the program activity.

(c) Status of the community corrections information system and the jail population information system.

(d) Data on residential services, including participant data, participant sentencing guideline scores, program expenditures, average length of stay, and bed utilization data.

(e) Offender disposition data by sentencing guideline range, by disposition type, by prior record variable score, by number and percent statewide and by county, current year, and comparisons to the previous 3 years.

(f) Data on the use of funding made available under the drunk driver jail reduction and community treatment program.

(2) The report required under subsection (1) shall include the total funding allocated, program expenditures, required program data, and year-to-date totals.

 

Sec. 407. (1) From the funds appropriated in part 1 for public safety initiative, the law enforcement agency receiving funding under part 1 shall submit quarterly expenditure reports including a detailed listing of expenditures made, the purpose for which the expenditures were made, the amounts of expenditures by purpose, specific services provided, and the number of individuals served. The reports must be submitted to the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, the department of corrections, and the state budget office.

(2) If the law enforcement agency receiving funding under part 1 does not submit all quarterly reports for fiscal year 2022 by September 30, 2022, the law enforcement agency shall not receive any funding appropriated in part 1 until all reports are submitted.

(3) If requested by the senate and house of representatives appropriations subcommittees on corrections, the law enforcement agency receiving funding under part 1 shall appear before the subcommittees to discuss the expenditure report required under subsection (1). The subcommittees will work with the law enforcement agency to determine when the meeting will occur.

 

Sec. 408. From the funds appropriated in part 1, the department shall establish and maintain policies and procedures that assist prisoners with obtaining a birth certificate, duplicate Social Security card, if eligible, DD Form 214 or other military documentation, state identification card, and operator’s license prior to parole or discharge.

 

Sec. 409. From the funds appropriated in part 1 for offender success administration, the department shall collaborate with the Michigan Restaurant and Lodging Association for job placement for individuals on probation and parole.

 

Sec. 410. From the funds appropriated in part 1 for the enhanced food technology program, the department shall maintain an enhanced food technology program that provides on-the-job training in prison kitchens that will lead to prisoners earning food service training credentials recognized by the restaurant industry.

 

Sec. 411. (1) From the funds appropriated in part 1 for offender success programming, the department shall establish medication-assisted treatment offender success pilot programs to provide prerelease treatment and postrelease referral for opioid addicted offenders, as well as 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 assessment and treatment. The programs shall employ a multifaceted approach to treatment, including various forms of medication-assisted treatment approved by the Food and Drug Administration for the treatment of opioid use disorder or alcohol use disorder, counseling, and postrelease referral to community-based providers. The department shall consider the use of long-acting injectable formulations, when clinically appropriate, of FDA-approved medication-assisted treatment for alcohol and opioid use disorder when developing an offender’s release plan.

(2) The department shall submit a report by December 1 on the number of offenders who received an injectable treatment for alcohol use disorder and the number that received an injectable treatment for opioid use disorder prior to release, the number of offenders that subsequently received treatment 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 during the prior fiscal year.

 

Sec. 412. 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. 413. (1) Funds appropriated in part 1 for Goodwill Flip the Script shall be distributed to a Michigan-chartered 501(c)(3) nonprofit corporation operating in a county with greater than 1,500,000 people for administration and expansion of a program that serves a population of individuals aged 16 to 39. The program shall target those who are entering the criminal justice system for the first or second time and shall assist those individuals through the following program types:

(a) Alternative sentencing programs in partnership with a local district or circuit court.

(b) Educational recovery for special adult populations with high rates of illiteracy.

(c) Career development and continuing education for women.

(2) The program selected shall report by March 30 on program performance measurements, the number of individuals diverted from incarceration, the number of individuals served, and outcomes of participants who complete the program.

 

Sec. 414. From the funds appropriated in part 1, the department shall report by March 1 on 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. 415. 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.

 

FIELD OPERATIONS ADMINISTRATION

Sec. 501. (1) 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.

(2) Of the funds appropriated in part 1 for criminal justice reinvestment, at least $600,000.00 shall be allocated to an organization that has received a United States Department of Labor training to work 2-adult reentry grant to provide county jail inmates with programming and services to prepare them to get and keep jobs. Examples of eligible programs and services include, but are not limited to: adult education, tutoring, manufacturing skills training, participation in a simulated work environment, mentoring, cognitive therapy groups, life skills classes, substance abuse recovery groups, fatherhood programs, classes in understanding the legal system, family literacy, health and wellness, finance management, employer presentations, and classes on job retention. Programming and support services should begin before release and continue after release from the county jail. To be eligible for funding, an organization must show at least 2 years’ worth of data that demonstrate program success.

(3) The department shall report on programs described under this section by March 30. The report shall include the reincarceration recidivism rate of program participants, the employment rate of participants who complete the program, and the cost of the program per participant.

 

Sec. 502. From the funds appropriated in part 1, the department shall prepare individual reports by March 1 for the residential reentry program, the electronic monitoring program, and the special alternative to incarceration program. Each program’s report shall include information on all of the following:

(a) Monthly new participants by type of offender. Residential 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. 503. (1) From the funds appropriated in part 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 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. 504. From the funds appropriated in part 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 by April 30.

 

Sec. 505. 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.

 

Sec. 506. From the funds appropriated in part 1, the department shall issue quarterly reports for the previous 4 quarters detailing 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.

HEALTH CARE

Sec. 601. By April 1, the department shall provide reports on the following:

(a) Physical and mental health care, pharmaceutical services, and durable medical equipment for prisoners. Reports must detail current and prior fiscal year expenditures itemized by vendor, allocations, status of payments from contractors to vendors, and projected year-end expenditures from accounts. Reports must include a breakdown of all payments to the integrated care provider and to other providers itemized by physical health care, mental health care, pharmaceutical services, and durable medical equipment expenditures.

(b) Pharmaceutical prescribing practices, including a detailed accounting of expenditures on antipsychotic medications, and any changes that have been made to the prescription drug formularies.

(c) A status report on efforts to develop measurable data and outcomes for physical and mental health care within the prisoner population.

 

Sec. 602. (1) From the funds appropriated in part 1, the department shall assure that all prisoners, upon any health care treatment funded from appropriations in part 1, are given the opportunity to sign a release of information form designating a family member or other individual to whom the department shall release records information regarding a prisoner. A release of information form signed by a prisoner shall remain in effect for 1 year, and the prisoner may elect to withdraw or amend the release form at any time.

(2) The department shall assure that any such signed release forms follow a prisoner upon transfer to another department facility or to the supervision of a parole officer.

(3) The form shall be placed online, on a public website managed by the department.

 

Sec. 603. From the funds appropriated in part 1, the department shall provide a report by April 1 on prisoner health care utilization that includes the number of inpatient hospital days, outpatient visits, emergency room visits, and prisoners receiving off-site inpatient medical care in the fiscal year, by facility.

 

Sec. 604. (1) 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. By February 15, the department shall issue a report for the prior fiscal year showing the total amount spent on specialty medication for the treatment of Hepatitis C, the number of prisoners who 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.

(2) The report must include the Hepatitis C status of all incoming prisoners and the number of prisoners who are reinfected while incarcerated and require retreatment for Hepatitis C. The report must also include the number of those treated and released and then retreated upon reincarceration.

 

Sec. 605. (1) From the funds appropriated in part 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 quarterly updates on the utilization of Medicaid benefits for prisoners.

 

Sec. 606. By March 1, the department shall report on the number of prisoners who received medication assisted therapies, the length of time on therapies, and the number of prisoners who have discontinued treatment while incarcerated.

 

CORRECTIONAL FACILITIES AND ADMINISTRATION

Sec. 701. (1) From the funds appropriated in part 1, the department shall report on the department’s plans to eliminate programming for prisoners. The report shall be provided at least 30 days prior to program elimination.

(2) As used in this section, “programming for prisoners” means a department core program or career and technical education program funded in part 1.

 

Sec. 702. From the funds appropriated in part 1 for prison food service, the department shall report by January 15 on the following:

(a) Average per-meal cost for prisoner food service. Per-meal cost shall include all costs directly related to the provision of food for the prisoner population, and shall include, but not be limited to, actual food costs, total compensation for all food service workers, including benefits and legacy costs, and inspection and compliance costs for food service.

(b) Food service-related contracts, including goods or services to be provided and the vendor.

(c) Major sanitation violations.

 

Sec. 703. From the funds appropriated in part 1, the department shall calculate the cost per prisoner per day for each security custody level. This calculation shall include all actual direct and indirect costs for the previous fiscal year. To calculate the cost per prisoner per day, the department shall divide the prisoner-related costs by the total number of prisoner days for each custody level and correctional facility. For multilevel facilities, 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 shall be submitted not later than January 15. Prisoner-related costs included in the cost per prisoner per day calculation shall include all expenditures for the following, from all fund sources:

(a) New custody staff training.

(b) Prison industries operations.

(c) Education/skilled trades/career readiness programs.

(d) Enhanced food technology program.

(e) Offender success programming.

(f) Central records.

(g) Correctional facilities administration.

(h) Housing inmates in federal institutions.

(i) Inmate legal services.

(j) Leased beds and alternatives to leased beds.

(k) Prison food service.

(l) Prison store operations.

(m) Transportation.

(n) Health care.

(o) Correctional facilities.

(p) Northern and southern region administration and support.

 

Sec. 704. 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. 705. The department shall allow the Michigan Braille transcribing fund program to operate at designated locations. The department shall continue to encourage the Michigan Braille transcribing fund program to produce high-quality materials for use by the visually impaired.

 

Sec. 706. (1) From the funds appropriated in part 1, the department shall report as follows:

(a) Within 72 hours of occurrence, any critical incident occurring at a correctional facility.

(b) By March 1, the number of critical incidents occurring each month at each facility during the immediately preceding calendar year, categorized by type and severity of each incident.

(2) As used in this section, “critical incident” includes a prisoner assault on staff that results in a serious physical injury to staff, an escape or attempted escape, a prisoner disturbance that causes facility operation concerns, and an unexpected death of a prisoner.

 

Sec. 707. From the funds appropriated in part 1, the department shall report by March 1 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 facility.

 

Sec. 708. (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. To the extent feasible, the department shall consistently provide prisoner programming with the goal of having prisoners complete recommended cognitive programming as early as possible during the prisoner’s sentence to impact the prisoner’s behavior while incarcerated. Nothing in this section should be deemed to make parole denial appealable in court.

(3) The department shall submit a quarterly report 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. 709. If a female prisoner in a facility funded from appropriations in part 1 consents to a visitor being present, the department shall allow that 1 person to be present during the prisoner’s labor and delivery. The person allowed to accompany the prisoner must be an immediate family member, legal guardian, spouse, or domestic partner. The department is authorized to deny access to a visitor if the department has a safety concern with that visitor’s access. The department is authorized to conduct a criminal background check on a visitor.

 

Sec. 710. From the funds appropriated in part 1, the department shall evaluate all prisoners at intake for substance abuse disorders, serious developmental disorders, serious mental illness, and other mental health disorders. Prisoners with serious mental illness or serious developmental disorders shall not be removed from the general population as a punitive response to behavior caused by their serious mental illness or serious developmental disorder. Due to persistent high violence risk or severe disruptive behavior that is unresponsive to treatment, prisoners with serious mental illness or serious developmental disorders may be placed in secure residential housing programs that will facilitate access to institutional programming and ongoing mental health services funded from appropriations in part 1. A prisoner with serious mental illness or serious developmental disorder who is confined in these specialized housing programs shall be evaluated or monitored by a medical professional at a frequency of not less than every 12 hours.

 

Sec. 711. From the funds appropriated in part 1, the department shall report by March 1 on the annual number of prisoners during the prior fiscal year in administrative segregation and, of those, the number 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. 712. 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 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. 713. From the funds appropriated in part 1, the department shall submit a report by April 1 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. 714. (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. 715. The department shall ensure that any contract, funded from appropriations in part 1, 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. 716. From the funds appropriated in part 1, the department shall submit a report by May 1 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, and shall continue for each facility closed thereafter.

 

Sec. 717. 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. 718. From the funds appropriated in part 1, the department shall report on the department’s plans to close, consolidate, or relocate any correctional facility in the state. The report shall be provided at least 30 days prior to effective date of closure, consolidation, or relocation.

 

Sec. 719. The department shall consult with the legislature and other appropriate state agencies to develop a framework to provide investment in communities that have formerly operational state correctional facilities that have been closed. This framework shall include plans to ensure that vacant state correctional facilities do not become a nuisance or danger to the community.

 

Sec. 720. From the funds appropriated in part 1, the department shall make an information packet for the families of incoming prisoners available on the department’s website. The information packet shall be reviewed by February 1 and updated as necessary. The packet shall provide information on topics including, but not limited to: how to put money into prisoner accounts, how to make telephone 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 may 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. 721. 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.

 

ONE-TIME APPROPRIATIONS

Sec. 801. (1) Funds appropriated in part 1 for Chance for Life shall be used to contract with an organization that provides prison-based rehabilitation programming, including educational, life skills, and behavioral modification programs. The organization shall enter into a performance-based contract with the department that allows for payment based on the number of prisoners and parolees served according to the agreed upon program rules, as well as program outcomes.

(2) The objective of programming shall be to offer a progressive transformational program to individuals while they are in prison in an effort to prepare them for a successful transition back into the community. The department shall select an organization that meets all of the following to provide the programming under this section:

(a) Has the purpose to increase community safety by reducing recidivism through providing evidence-based mentoring, employment soft skills training, job placement assistance, critical thinking skills, mediation, and conflict resolution training.

(b) Has experience offering programs to male and female prison populations in correctional facilities in this state.

(c) Has experience with and offers programming that includes the family in the reentry process using the family group decision-making for reintegration model, which focuses on 7 factors as a basis for successful family reintegration.

(d) Has experience with and offers programming that utilizes techniques to address post-prison adjustment disorders.

(3) The unexpended funds appropriated in part 1 for Chance for Life are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure until the project has 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 contract with an organization that provides prison-based rehabilitation programming, including educational, life skills, and behavioral modification programs.

(b) The project will be accomplished by utilizing state employees or contracts.

(c) The estimated cost of the project is $500,000.00.

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

 

Sec. 802. (1) Funds appropriated in part 1 for COVID-19 suspended intake payments shall be used by the department to reimburse counties for housing in jails felons who are temporarily being held in jail due to the closure of intake by the department. For a county to be eligible to receive reimbursement payments, the felon must be sentenced to a term of imprisonment with the department, but the department has declined to receive the felon at intake because the department has closed intake to all counties as part of its COVID-19 control plan. The county shall not be eligible for reimbursement under this section if the department has declined to receive the prisoner at intake from that specific county because the county lacks appropriate COVID-19 safeguards or is experiencing a COVID-19 outbreak within its jail operations. A county shall not receive reimbursement payments under the county jail reimbursement program for the prisoners and days reimbursed under this section.

(2) The per diem reimbursement rate shall be $80.00 per day. The aggregate reimbursements made under this section shall not exceed $1,000,000.00.

(3) Reimbursement payments to counties under this section 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 department of corrections requirements for documentation.

 

Sec. 803. Funds appropriated in part 1 for improvements to staff areas in correctional facilities shall be used by the department to make upgrades to staff common areas, including staff break rooms, staff restrooms, and staff exercise rooms. Upgrades may include, but are not limited to, replacement of flooring, furniture, equipment, and fixtures.

 

Sec. 804. (1) From the funds appropriated in part 1, the department shall continue a program to provide care management to parolees postrelease, which may include the development of a prerelease mental health discharge plan for parolees in prosperity region 8.

(2) The program under subsection (1) must continue for at least 1 year with the goal of serving a minimum of 75 parolees. The program must include, but is not limited to, case management and assessments, registration and use by community providers, the tracking of interactions between the care team members and parolees, and the ability for parolees to provide feedback.

 

Sec. 805. From the funds appropriated in part 1 for gender reassignment legal defense, $100,000.00 must be used by the department for legal defense related to the prohibition on using state funding for gender reassignment surgeries or therapies while individuals are under the jurisdiction of the department of corrections.

ARTICLE 3

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, 2023, from the following funds:

DEPARTMENT OF EDUCATION

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

621.5

 

 

GROSS APPROPRIATION

 

$

420,581,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

420,581,000

Federal revenues:

 

 

 

Total federal revenues

 

 

302,950,800

Special revenue funds:

 

 

 

Total local revenues

 

 

5,878,600

Total private revenues

 

 

2,240,400

Total other state restricted revenues

 

 

9,919,700

State general fund/general purpose

 

$

99,591,500

Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

11.0

 

 

Unclassified salaries—FTE positions

6.0

$

1,078,900

Education commission of the states

 

 

120,800

State board of education, per diem payments

 

 

24,400

State board/superintendent operations—FTEs

11.0

 

2,483,700

GROSS APPROPRIATION

 

$

3,707,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

296,700

Special revenue funds:

 

 

 

Private foundations

 

 

28,100

Certification fees

 

 

820,600

State general fund/general purpose

 

$

2,562,400

Sec. 103. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated classified positions

47.6

 

 

Central support operations—FTEs

38.6

$

6,161,400

Federal and private grants

 

 

3,000,000

Grant and contract operations—FTEs

9.0

 

2,786,200

Property management

 

 

3,755,900

Terminal leave payments

 

 

353,300

Training and orientation workshops

 

 

150,000

Worker’s compensation

 

 

33,900

GROSS APPROPRIATION

 

$

16,240,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

3,002,500

Federal revenues

 

 

6,270,900

Special revenue funds:

 

 

 

Private foundations

 

 

1,000,000

For Fiscal Year

Ending Sept. 30,

2023

Certification fees

 

$

592,100

Teacher testing fees

 

 

4,700

Training and orientation workshop fees

 

 

150,000

State general fund/general purpose

 

$

5,220,500

Sec. 104. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

4,938,300

GROSS APPROPRIATION

 

$

4,938,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

1,951,000

Federal revenues

 

 

640,200

Special revenue funds:

 

 

 

Certification fees

 

 

932,900

State general fund/general purpose

 

$

1,414,200

Sec. 105. SPECIAL EDUCATION SERVICES

 

 

 

Full-time equated classified positions

47.0

 

 

Special education operations—FTEs

47.0

$

9,431,900

GROSS APPROPRIATION

 

$

9,431,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

8,837,800

Special revenue funds:

 

 

 

Private foundations

 

 

111,300

Certification fees

 

 

47,500

State general fund/general purpose

 

$

435,300

Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

 

 

Full-time equated classified positions

82.0

 

 

ASL literacy resource

 

$

1,000,000

Camp Tuhsmeheta—FTE

1.0

 

501,000

Low incidence outreach program

 

 

1,000,000

Michigan schools for the deaf and blind operations—FTEs

81.0

 

16,680,700

Private gifts - blind

 

 

200,000

Private gifts - deaf

 

 

150,000

GROSS APPROPRIATION

 

$

19,531,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

7,596,000

Special revenue funds:

 

 

 

Local cost sharing (schools for deaf/blind)

 

 

5,878,600

Gifts, bequests, and donations

 

 

851,000

Low incidence outreach fund

 

 

1,000,000

Student insurance revenue

 

 

206,100

State general fund/general purpose

 

$

4,000,000

Sec. 107. EDUCATOR EXCELLENCE

 

 

 

Full-time equated classified positions

53.0

 

 

Educator excellence operations—FTEs

52.0

$

10,388,900

Educator recruitment and preparation programs—FTE

1.0

 

1,670,000

Teacher license renewals

 

 

280,000

GROSS APPROPRIATION

 

$

12,338,900

Federal revenues:

 

 

 

Federal revenues

 

 

3,168,400

Special revenue funds:

 

 

 

Certification fees

 

 

4,165,900

Teacher testing fees

 

 

201,500

For Fiscal Year

Ending Sept. 30,

2023

State general fund/general purpose

 

$

4,803,100

Sec. 108. MICHIGAN OFFICE OF GREAT START

 

 

 

Full-time equated classified positions

71.0

 

 

Child development and care contracted services

 

$

12,400,000

Child development and care external support

 

 

31,178,300

Child development and care public assistance

 

 

199,080,000

Head Start collaboration office—FTE

1.0

 

322,900

Office of great start operations—FTEs

70.0

 

14,263,200

T.E.A.C.H. Early Childhood Michigan scholarship program

 

 

5,000,000

GROSS APPROPRIATION

 

$

262,244,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

220,388,300

Special revenue funds:

 

 

 

Private foundations

 

 

250,000

Certification fees

 

 

64,600

State general fund/general purpose

 

$

41,541,500

Sec. 109. SYSTEMS, EVALUATION, AND TECHNOLOGY

 

 

 

Full-time equated classified positions

10.0

 

 

Office of systems, evaluation, and technology operations—FTEs

10.0

$

2,023,900

GROSS APPROPRIATION

 

$

2,023,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

142,000

Federal revenues

 

 

1,001,300

Special revenue funds:

 

 

 

Certification fees

 

 

10,700

State general fund/general purpose

 

$

869,900

Sec. 110. STRATEGIC PLANNING AND IMPLEMENTATION

 

 

 

Full-time equated classified positions

6.0

 

 

Strategic planning and implementation operations—FTEs

6.0

$

1,105,200

GROSS APPROPRIATION

 

$

1,105,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

570,400

State general fund/general purpose

 

$

534,800

Sec. 111. ADMINISTRATIVE LAW SERVICES

 

 

 

Full-time equated classified positions

2.0

 

 

Administrative law operations—FTEs

2.0

$

1,439,900

GROSS APPROPRIATION

 

$

1,439,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

585,100

Special revenue funds:

 

 

 

Certification fees

 

 

749,000

State general fund/general purpose

 

$

105,800

Sec. 112. ACCOUNTABILITY SERVICES

 

 

 

Full-time equated classified positions

63.6

 

 

Accountability services operations—FTEs

63.6

$

14,770,200

GROSS APPROPRIATION

 

$

14,770,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

12,851,000

State general fund/general purpose

 

$

1,919,200

For Fiscal Year

Ending Sept. 30,

2023

Sec. 113. SCHOOL SUPPORT SERVICES

 

 

 

Full-time equated classified positions

75.6

 

 

Adolescent and school health

 

$

328,100

School support services operations—FTEs

75.6

 

14,333,400

GROSS APPROPRIATION

 

$

14,661,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

12,872,300

Special revenue funds:

 

 

 

Commodity distribution fees

 

 

71,700

State general fund/general purpose

 

$

1,717,500

Sec. 114. EDUCATIONAL SUPPORTS

 

 

 

Full-time equated classified positions

82.7

 

 

Educational supports operations—FTEs

82.7

$

17,139,300

Michigan core curriculum

 

 

750,000

GROSS APPROPRIATION

 

$

17,889,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

12,976,100

Special revenue funds:

 

 

 

Certification fees

 

 

602,400

State general fund/general purpose

 

$

4,310,800

Sec. 115. CAREER AND TECHNICAL EDUCATION

 

 

 

Full-time equated classified positions

24.0

 

 

Career and technical education operations—FTEs

24.0

$

5,454,700

GROSS APPROPRIATION

 

$

5,454,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

4,062,200

State general fund/general purpose

 

$

1,392,500

Sec. 116. LIBRARY OF MICHIGAN

 

 

 

Full-time equated classified positions

33.0

 

 

Library of Michigan operations—FTEs

31.0

$

5,032,000

Library pilot program

 

 

800,000

Library services and technology program—FTE

1.0

 

5,624,100

Michigan eLibrary—FTE

1.0

 

1,732,200

Renaissance zone reimbursements

 

 

2,200,000

State aid to libraries

 

 

15,567,700

GROSS APPROPRIATION

 

$

30,956,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

5,624,100

Special revenue funds:

 

 

 

Library fees

 

 

300,000

State general fund/general purpose

 

$

25,031,900

Sec. 117. PARTNERSHIP DISTRICT SUPPORT

 

 

 

Full-time equated classified positions

13.0

 

 

Partnership district support operations—FTEs

13.0

$

3,596,600

GROSS APPROPRIATION

 

$

3,596,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

114,500

State general fund/general purpose

 

$

3,482,100

For Fiscal Year

Ending Sept. 30,

2023

Sec. 118. ONE-TIME APPROPRIATIONS

 

 

 

Michigan’s poet laureate

 

$

100,000

School board member training

 

 

150,000

GROSS APPROPRIATION

 

$

250,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

250,000

 

part 2

provisions concerning appropriations

for fiscal year 2022-2023

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 2022-2023 is $109,511,200.00 and state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is $18,717,700.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF EDUCATION

 

 

 

Library pilot program

 

 

800,000

Renaissance zone reimbursements

 

 

2,200,000

School board member training

 

 

150,000

State aid to libraries

 

 

15,567,700

TOTAL

 

$

18,717,700

 

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) “DHHS” means the Michigan department of health and human services.

(c) “District” means a local school district as that term is defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a public school academy as that term is defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.

(d) “FTE” means full-time equated.

(e) “HHS” means the United States Department of Health and Human Services.

 

Sec. 204. The departments and agencies receiving appropriations in part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement, or it shall include placement of reports on an internet site.

 

Sec. 205. Except as otherwise provided in this part, all reports required under this part shall be submitted to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office.

 

Sec. 206. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261:

(a) 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.

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

(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

 

Sec. 207. From the funds appropriated in part 1, to the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, 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. 208. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report must 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. 209. 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. 210. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.

 

Sec. 211. (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 authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $400,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $250,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 212. The department and agencies receiving appropriations in part 1 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. 213. As a condition of receiving funds in part 1, 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 chairs of the senate and house appropriations subcommittees responsible for 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 fiscal years ending September 30, 2022 and September 30, 2023.

Sec. 214. From the funds appropriated in part 1, the department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance.

 

Sec. 215. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $13,385,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $8,126,500.00. Total agency appropriations for retiree health care legacy costs are estimated at $5,258,600.00.

 

Sec. 216. From the funds appropriated in part 1, 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. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

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

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

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

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

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

(c) Estimated net cost savings achieved by remote work.

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

 

Sec. 218. From the funds appropriated in part 1, the department may assist the DHHS, other departments, intermediate school districts, and local school districts to secure reimbursement for eligible services provided in Michigan schools from the federal Medicaid program. The department may submit reports of direct expenses related to this effort to the DHHS for reimbursement.

 

Sec. 219. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

 

Sec. 220. From the funds appropriated in part 1, 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 school districts so that it may be used to improve reading proficiency for pupils in grades K to 3.

 

Sec. 221. From the funds appropriated in part 1, the department 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 appropriations committees, the senate and house subcommittees responsible for the department budget, the joint committee on administrative rules, and the senate and house fiscal agencies.

 

Sec. 222. Funds appropriated in part 1 shall not be used by the department or departmental agency to take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department or departmental agency taking disciplinary action is exercising its authority as provided by law.

 

Sec. 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. 224. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

 

Sec. 225. (1) From the funds appropriated in part 1, the department shall do all of the following:

(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 office any amounts of severance pay for the department director, deputy director, or other high-ranking department officials not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

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

(c) By February 1, report to the 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 total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 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 DHHS and department of licensing and regulatory affairs to coordinate with early childhood programs and overseeing child care providers.

 

Sec. 227. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

Sec. 228. (1) As a condition of receiving appropriations in part 1, in collaboration with the DHHS, the department shall promote and support initiatives in schools and other educational organizations that include, but are not limited to, training for educators, teachers, and other personnel in school settings for all of the following:

(a) Utilization of trauma-informed practices.

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

(c) Age-appropriate education and information on sexual abuse prevention.

(2) Upon request by the department, the department of state police and the department of attorney general shall consult in the promotion and support of initiatives in schools and other educational organizations under subsection (1).

 

Sec. 229. As a condition of receiving funds appropriated in part 1, the department shall not 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, house and senate fiscal agencies, and the state budget director.

 

Sec. 230. From the funds appropriated in part 1, the department shall compile a report that identifies any new mandates required of nonpublic schools or the lack of any new mandates for 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, 2023 and transmitted to the state budget director, the house and senate appropriations subcommittees responsible for the department, and the senate and house fiscal agencies not later than April 15, 2023.

 

Sec. 231. It is the intent of the legislature that departments maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

 

Sec. 232. From the funds appropriated in part 1, the department shall ensure that the most recently issued report of regional in-demand occupations issued by the department of technology, management, and budget is distributed in electronic or paper form to all high schools in each school district, intermediate school district, and public school academy.

 

Sec. 235. (1) From the funds appropriated in part 1, the department shall administer a survey that allows teachers, paraprofessionals, and administrators to provide feedback on their interactions with the department.

(2) The department shall administer the survey required in subsection (1) with a focus on the following interactions:

(a) Any transaction that occurs through the Michigan Online Educator Certification System.

(b) Professional development that is offered or coordinated by the department.

(3) The survey required under subsection (1) must include, but is not limited to, the following:

(a) Information on a survey recipient’s viewpoint of the department and rating of their interactions under subsection (2).

(b) The recipient’s insight on the department’s effectiveness in achieving goals within Michigan’s Top 10 Strategic Education Plan.

(4) The department shall prepare a report of the survey required under subsection (1), including a summary of the survey results, and shall submit that report to the senate and house appropriations committees by June 1, 2023. It is the intent of the legislature that the usefulness of this report in decision making, and need to maintain reporting requirements, shall be assessed in the fiscal year 2025-2026.

 

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.

 

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. From the funds appropriated in part 1, 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) From the funds appropriated in part 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.

 

Sec. 409. When conducting a due process hearing resulting from a parent’s appeal of his or her child’s individualized education program team’s decision on the child’s educational placement, a state administrative law judge shall consider designating the Michigan School for the Deaf as 1 of the options for the least restrictive environment under federal law for the parent’s child who is deaf, deafblind, or hard of hearing.

 

Sec. 410. From the funds appropriated in part 1 for ASL literacy resources, the department shall expend the funds to comply with all requirements in House Bill No. 5777 of the 101st Legislature. Funds appropriated in part 1 for ASL literacy resources must not be spent or otherwise distributed unless House Bill No. 5777 of the 101st Legislature is enacted into law.

 

EDUCATOR EXCELLENCE

Sec. 501. From the funds appropriated in part 1 for educator excellence, the department shall maintain certificate revocation/felony conviction files of educational personnel.

 

Sec. 502. The funds appropriated in part 1 for teacher license renewals shall be used to implement a program to waive fees or associated costs for former teachers whose teaching licenses have expired.

 

Sec. 503. From the funds appropriated in part 1, the department shall, upon request, consult with the Michigan Virtual Learning Research Institute and external stakeholders in connection with the department’s implementation and administration of professional development training described in section 35a of the state school aid act of 1979, 1979 PA 94, MCL 388.1635a, including, but not limited to, the online training of educators of pupils in grades K to 3 described in that section.

 

Sec. 504. From the funds appropriated in part 1 for educator recruitment and preparation programs, the department shall award $1,000,000.00 to districts for educator preparation program tuition, program fees, testing fees, and substitute permit costs for any individual employed in grades pre-k to 12 working toward certification or an additional endorsement, and for program costs associated with hands-on learning experiences for students in grades 6 to 12 interested in the field of education, with supervision and mentoring from educators who are champions of, and committed to, the success of the profession.

 

Sec. 505. From the funds appropriated in part 1 for educator recruitment and preparation programs, not less than $190,000.00 and not fewer than 1.0 FTE position is allocated for educator recruitment and preparation programs. These amounts are in addition to any funding and FTEs utilized for this purpose in the fiscal year ending September 30, 2023.

 

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 grounded in the science of reading. 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 for adolescent and school health, there is appropriated $328,100.00 to replace federal funding reductions from the HHS - Centers for Disease Control and Prevention to the department and section 39a(2)(a) of the state school aid act of 1979, 1979 PA 94, MCL 388.1639a.

 

EDUCATIONAL SUPPORTS

Sec. 701. (1) From the funds appropriated in part 1 for educational supports, the department shall produce a report detailing the progress made by districts with grades K to 12 receiving at-risk funding under section 31a of the state school aid act of 1979, 1979 PA 94, MCL 388.1631a, in implementing multitiered systems of supports in the prior school fiscal year for grades K to 12, and in providing reading intervention services described in section 1280f of the revised school code, 1976 PA 451, MCL 380.1280f, for pupils in grades K to 12.

(2) The report described in subsection (1) shall include, at a minimum:

(a) A description of the training, coaching, and technical assistance offered by the department to districts to support the implementation of effective multitiered systems of supports and reading intervention programs.

(b) A list of districts determined by the department to have successfully implemented multitiered systems of supports and reading intervention programs.

(c) A list of best practices that the department has identified that may be used by districts to implement multitiered systems of supports and reading intervention programs.

(d) Other information the department determines would be useful to understanding the status of districts’ implementation of effective multitiered systems of supports and reading intervention programs.

(3) The department shall provide the report described in subsection (1) to the state budget director, the house and senate subcommittees that oversee the department and school aid budgets, and the house and senate fiscal agencies by September 30, 2023.

 

Sec. 702. From the funds appropriated in part 1, there is appropriated an amount not less than $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.

 

Sec. 703. From the funds appropriated in part 1 for Michigan core curriculum, in collaboration with the confederation of Michigan tribal education department, the department shall design, implement, and evaluate professional learning and optional curriculum modules for the purpose of learning Michigan Indigenous tribal history including the history of Indian boarding schools in Michigan as described in the Michigan core curriculum standards for grades 8 to 12.

 

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. 802. (1) From the funds appropriated in part 1 for school library pilot program, the department shall award library pilot program grants to school districts headquartered in 4 counties. The grants shall be used to contract for the administration of libraries of a school district by a librarian with a public librarian certificate issued by the library of Michigan. A grant to a school district may not exceed $10,000.00 per library facility. A district must employ a certified school media specialist to be eligible for this grant. The 4 counties that are eligible for school districts to receive grants shall include:

(a) One county with a population between 600,000 and 700,000 according to the most recent federal decennial census.

(b) One county with a population between 10,500 and 11,000 according to the most recent federal decennial census.

(c) One county with a population between 400,000 and 500,000 according to the most recent federal decennial census.

(d) One county with a population between 154,000 and 154,500 according to the most recent federal decennial census.

(2) The department may contract with the Michigan library association for assistance in administering the pilot program provided for in subsection (1).

(3) A librarian providing contractual services under the pilot program provided for in subsection (1) may not provide library or educational services to a pupil unless the librarian has a valid Michigan teaching certificate with a library of science endorsement.

 

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 2022. 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. 1002. (1) From the funds appropriated in part 1 for child development and care public assistance, the provider reimbursement rates for child care centers, group home providers, registered family homes, and licensed exempt providers are increased by 10% from the provider rates established in section 1020 of article 3 of 2021 PA 87, rounded to the nearest $0.05.

(2) Rate increases funded under subsection (1) are effective the first full biweekly pay period of fiscal year 2022-2023.

(3) The department shall ensure that the final child development and care provider reimbursement rates are published on the department and Great Start to Quality webpages.

 

Sec. 1003. (1) From the funds appropriated in part 1 for child development and care contracted service, the department shall provide the house and senate appropriations subcommittees on the department budget with an annual report on all funding appropriated to contracts for the early childhood comprehensive systems planning 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 contracts for the early childhood comprehensive systems planning 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 the T.E.A.C.H. Early Childhood Michigan Scholarship Program, the department shall ensure that $5,000,000.00 is appropriated to the T.E.A.C.H. Early Childhood Michigan Scholarship Program. The program shall give 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, and the house and senate fiscal agencies by April 1, 2023 and September 30, 2023.

 

Sec. 1008. From the amount appropriated in part 1 for office of great start operations, the department shall ensure efficient service provisions to coordinate services provided to families for home visits, reduce duplication of state services and spending, and increase efficiencies including the home visits funded under section 32p of the state school aid act of 1979, 1979 PA 94, MCL 388.1632p, and work with the DHHS as necessary.

 

Sec. 1009. (1) Except as otherwise provided in this section, from the funds appropriated in part 1 for child development and care public assistance, the income entrance eligibility threshold for the child development and care program is set to not more than 200% of the federal poverty guidelines.

(2) If the average number of children under the total paid children column, as reported by the DHHS child development and care program Table 41 from the published DHHS Green Book, is more than 45,000 children for 3 consecutive months, then the department shall do both of the following:

(a) As determined by the department, create a waiting list for new children entering the child development and care program.

(b) Begin the administrative process to decrease the income entrance eligibility threshold to not less than 160% of the federal poverty guidelines for the following month.

 

Sec. 1010. As a condition of receiving funds in part 1, within 10 days of the receipt of changes to the federal child care and development program, 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. The notification shall include, but is not limited to:

(a) Changes to the federal matching award amount, including the amount of state resources necessary to draw down the total matching award.

(b) Changes to the amount of child care and development block grant that is awarded to this state.

(c) Any significant changes to the federal requirements on the child development and care program, indicating any new requirements that would require the appropriation of additional dollars.

 

Sec. 1011. From the funds appropriated in part 1 for child development and care public assistance, the department shall implement a biweekly block reimbursement rate schedule through the following block segments:

(a) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid part-time hours between 1 to 30 hours, shall be reimbursed as 30 hours.

(b) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid part-time hours between 31 to 60 hours, shall be reimbursed as 60 hours, part-time rate.

(c) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid full-time plus hours between 61 to 90 hours, shall be reimbursed as 90 hours, full-time rate.

(d) The block segment for a biweekly block reimbursement rate schedule for license exempt providers shall be reimbursed at their current hourly reimbursement rates.

 

Sec. 1012. From the funds appropriated in part 1, $1,500,000.00 shall be for the department to work in collaboration with DHHS to continue the network of infant and early childhood mental health consultation, which provides mental health consultation to child care providers.

Sec. 1013. (1) From the funds appropriated in part 1, the department shall create a status report on the various child care enhancements appropriated in fiscal year 2021-2022 that shall include, but is not limited to, the following:

(a) The amount expended from the ARP - child care entitlement, ARP - child care stabilization fund, ARP -  child care stimulus, child care award, and CRRSA - child care stimulus in fiscal year 2021-2022.

(b) The amount expended for each child care enhancement program funded in sections 1012, 1022, 1023, 1024, 1025, 1026, 1027, and 1028 of article 3 of 2021 PA 87 in fiscal year 2021-2022.

(c) The number of providers that received a child care stabilization grant and the total amount of the grants received by provider type for each round of grants issued under section 1022 of article 3 of 2021 PA 87.

(d) The number of child care employees that received a salary enhancement under section 1024 of article 3 of 2021 PA 87.

(e) The number of providers that received assistance and the type of assistance received from the technical and financial support program created in section 1023 of article 3 of 2021 PA 87 in fiscal year 2021-2022.

(f) The number of infant and toddler slots that have been contracted under section 1027 of article 3 of 2021 PA 87 in fiscal year 2021-2022.

(g) The number of additional cases and the number of children enrolled in child development and care above 160% of the federal poverty guidelines and the total cost for those cases, per month, in fiscal year 2021-2022.

(2) The report required under this section shall be completed 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 November 1, 2022.

 

ONE-TIME APPROPRIATIONS

Sec. 1100. (1) From the funds appropriated in part 1 for school board member training, the department shall approve 1 or more training programs for school board members that include courses of instruction for school board members in 1 or more of the following topic areas:

(a) Conflicts of interest, including, but not limited to, the application of section 1203 of the revised school code, 1976 PA 451, MCL 380.1203.

(b) Labor relations, including, but not limited to, in a school board’s role in collective bargaining agreements in 1947 PA 336, MCL 423.201 to 423.217, and in other laws related to employment.

(c) Education law, including, but not limited to, the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1896, the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and 1937 (Ex Sess) PA 4, MCL 38.71 to 38.191, dealing with teacher tenure.

(d) School finance, including, but not limited to, the creation and management of school district budgets.

(e) Board governance, including, but not limited to, roles and responsibilities, parliamentary procedure, and best practices.

(2) Upon completion of an eligible training program, a school board member may apply for reimbursement for the cost of the eligible training program through the board member’s local district, up to $100.00 per course. The department may determine the form and manner of the application to reimburse the district for the cost.

(3) The department must create a process for the provider of a course in a topic listed in subsection (1) to apply to the department to have the course approved and be eligible for a school board member to be reimbursed for completing that course as provided under subsection (2).

(4) As used in this section:

(a) “Eligible training program” means a training program that is approved under subsection (1).

(b) “School board member” means a member of the board of a school district or intermediate school district or a member of the board of directors of a public school academy in this state.

 

Sec. 1101. From the funds appropriated in part 1 for Michigan’s poet laureate, there is $100,000.00 appropriated for support of the Michigan poet laureate program to promote poetry, the spoken word, and literary arts across this state.

ARTICLE 4

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

part 1

line-item appropriations

Sec. 101. There is appropriated for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

For Fiscal Year

Ending Sept. 30,

2023

Full-time equated classified positions

1,510.0

 

 

GROSS APPROPRIATION

 

$

728,654,300

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

3,406,400

ADJUSTED GROSS APPROPRIATION

 

$

725,247,900

Federal revenues:

 

 

 

Total federal revenues

 

 

287,641,700

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

1,415,500

Total other state restricted revenues

 

 

337,354,900

State general fund/general purpose

 

$

98,835,800

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

105.0

 

 

Unclassified salaries—FTEs

6.0

$

900,700

Accounting service center

 

 

1,463,500

Administrative hearings officers

 

 

926,600

Environmental investigations—FTEs

12.0

 

2,013,700

Environmental support—FTEs

56.0

 

8,786,800

Environmental support projects

 

 

6,000,000

Executive direction—FTEs

20.0

 

3,465,300

Facilities management

 

 

1,000,000

Financial support—FTEs

13.0

 

2,735,800

Grants and records management—FTEs

4.0

 

935,400

Michigan geological survey

 

 

3,000,000

Property management

 

 

8,573,500

GROSS APPROPRIATION

 

$

39,801,300

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of state police

 

 

84,000

IDG from state transportation department

 

 

119,700

Federal revenues:

 

 

 

Federal funds

 

 

767,000

Special revenue funds:

 

 

 

Private funds

 

 

750,400

Air emissions fees

 

 

952,300

Aquatic nuisance control fund

 

 

86,100

Campground fund

 

 

29,000

Cleanup and redevelopment fund

 

 

2,120,500

Electronic waste recycling fund

 

 

42,400

Environmental education fund

 

 

196,400

Environmental pollution prevention fund

 

 

570,200

Fees and collections

 

 

24,400

Financial instruments

 

 

8,639,300

Great Lakes protection fund

 

 

554,200

Groundwater discharge permit fees

 

 

136,500

Infrastructure construction fund

 

 

5,400

Laboratory services fees

 

 

562,500

Land and water permit fees

 

 

218,300

Medical waste emergency response fund

 

 

42,400

Metallic mining surveillance fee revenue

 

 

11,000

Mineral well regulatory fee revenue

 

 

11,000

Nonferrous metallic mineral surveillance

 

 

49,200

For Fiscal Year

Ending Sept. 30,

2023

NPDES fees

 

$

396,400

Oil and gas regulatory fund

 

 

806,800

Orphan well fund

 

 

95,100

Public swimming pool fund

 

 

58,800

Public utility assessments

 

 

736,300

Public water supply fees

 

 

417,800

Refined petroleum fund

 

 

3,416,900

Renew Michigan fund

 

 

2,985,100

Sand extraction fee revenue

 

 

10,900

Scrap tire regulatory fund

 

 

229,200

Septage waste program fund

 

 

47,900

Settlement funds

 

 

1,000,000

Sewage sludge land application fees

 

 

78,400

Soil erosion and sedimentation control training fund

 

 

13,500

Solid waste management fund - staff account

 

 

1,099,900

Stormwater permit fees

 

 

198,700

Strategic water quality initiatives fund

 

 

111,100

Underground storage tank cleanup fund

 

 

264,500

Wastewater operator training fees

 

 

49,300

Water pollution control revolving fund

 

 

58,500

Water use reporting fees

 

 

23,100

State general fund/general purpose

 

$

11,730,900

Sec. 103. WATER RESOURCES DIVISION

 

 

 

Full-time equated classified positions

388.0

 

 

Aquatic nuisance control program—FTEs

6.0

$

982,200

Coastal management grants—FTEs

7.0

 

2,534,800

Expedited water/wastewater permits—FTE

1.0

 

52,400

Federal - Great Lakes remedial action plan grants

 

 

583,800

Federal - nonpoint source water pollution grants

 

 

4,083,300

Fish contaminant monitoring

 

 

316,100

Great Lakes restoration initiative—FTEs

9.0

 

11,239,900

Groundwater discharge permit program—FTEs

22.0

 

3,419,600

Land and water interface permit programs—FTEs

119.0

 

18,285,200

Nonpoint source pollution prevention and control project program

 

 

2,000,000

NPDES nonstormwater program—FTEs

105.0

 

16,748,400

Program direction and project assistance—FTEs

27.0

 

3,325,300

Sewage sludge land application program—FTEs

7.0

 

903,400

Stormwater activities—FTEs

27.5

 

5,832,100

Surface water—FTEs

52.5

 

9,009,100

Technology advancements for water monitoring

 

 

500,000

Water quality protection grants

 

 

100,000

Water withdrawal assessment program—FTEs

5.0

 

863,800

Watershed council grants

 

 

600,000

Wetlands program

 

 

1,021,200

GROSS APPROPRIATION

 

$

82,400,600

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from state transportation department

 

 

1,363,900

Federal revenues:

 

 

 

Federal funds

 

 

34,607,700

Special revenue funds:

 

 

 

Aquatic nuisance control fund

 

 

982,200

Clean Michigan initiative fund - clean water fund

 

 

2,617,100

Clean Michigan initiative fund - nonpoint source

 

 

2,000,000

For Fiscal Year

Ending Sept. 30,

2023

Environmental response fund

 

$

590,000

Groundwater discharge permit fees

 

 

1,521,100

Infrastructure construction fund

 

 

52,400

Land and water permit fees

 

 

2,445,100

NPDES fees

 

 

4,384,500

Refined petroleum fund

 

 

456,000

Sewage sludge land application fees

 

 

905,200

Soil erosion and sedimentation control training fund

 

 

142,300

Stormwater permit fees

 

 

2,291,300

Wastewater operator training fees

 

 

311,400

Water pollution control revolving fund

 

 

151,600

Water quality protection fund

 

 

100,000

Water use reporting fees

 

 

262,200

State general fund/general purpose

 

$

27,216,600

Sec. 104. AIR QUALITY DIVISION

 

 

 

Full-time equated classified positions

202.0

 

 

Air quality programs—FTEs

202.0

$

35,486,600

GROSS APPROPRIATION

 

$

35,486,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

7,663,900

Special revenue funds:

 

 

 

Air emissions fees

 

 

10,701,200

Fees and collections

 

 

213,400

Oil and gas regulatory fund

 

 

147,600

Public utility assessments

 

 

150,000

Refined petroleum fund

 

 

3,841,000

State general fund/general purpose

 

$

12,769,500

Sec. 105. REMEDIATION AND REDEVELOPMENT DIVISION

 

 

 

Full-time equated classified positions

327.0

 

 

Brownfield grants

 

$

1,100,000

Contaminated site investigations, cleanup and revitalization—FTEs

146.0

 

21,944,100

Emergency cleanup actions

 

 

2,000,000

Environmental cleanup and redevelopment program

 

 

27,600,000

Environmental cleanup support

 

 

1,000,000

Federal cleanup project management—FTEs

40.0

 

7,387,100

Laboratory services—FTEs

42.0

 

8,535,700

Refined petroleum product cleanup program—FTEs

99.0

 

35,386,000

Superfund cleanup

 

 

11,000,000

GROSS APPROPRIATION

 

$

115,952,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

16,616,200

Special revenue funds:

 

 

 

Brownfield development fund

 

 

1,100,000

Cleanup and redevelopment fund

 

 

54,722,700

Environmental response fund

 

 

1,442,100

Laboratory services fees

 

 

8,208,000

Public water supply fees

 

 

327,700

Refined petroleum fund

 

 

33,241,600

State general fund/general purpose

 

$

294,600

Sec. 106. UNDERGROUND STORAGE TANK AUTHORITY

 

 

 

Full-time equated classified positions

8.0

 

 

Underground storage tank cleanup program—FTEs

8.0

$

20,098,000

GROSS APPROPRIATION

 

$

20,098,000

For Fiscal Year

Ending Sept. 30,

2023

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Underground storage tank cleanup fund

 

$

20,098,000

State general fund/general purpose

 

$

0

Sec. 107. RENEWING MICHIGAN’S ENVIRONMENT

 

 

 

Full-time equated classified positions

131.0

 

 

Information management—FTEs

20.0

$

5,652,200

Renewing Michigan’s environment program—FTEs

111.0

 

70,255,200

GROSS APPROPRIATION

 

$

75,907,400

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of state police

 

 

6,100

IDG from state transportation department

 

 

6,100

Federal revenues:

 

 

 

Federal funds

 

 

5,800

Special revenue funds:

 

 

 

Private funds

 

 

1,100

Air emissions fees

 

 

63,200

Aquatic nuisance control fund

 

 

4,200

Campground fund

 

 

1,100

Cleanup and redevelopment fund

 

 

137,700

Electronic waste recycling fund

 

 

1,100

Environmental education fund

 

 

200

Environmental pollution prevention fund

 

 

35,300

Fees and collections

 

 

1,100

Financial instruments

 

 

242,700

Great Lakes protection fund

 

 

1,100

Groundwater discharge permit fees

 

 

10,300

Laboratory services fees

 

 

35,300

Land and water permit fees

 

 

13,700

Medical waste emergency response fund

 

 

1,100

Nonferrous metallic mineral surveillance

 

 

2,700

NPDES fees

 

 

24,000

Oil and gas regulatory fund

 

 

50,400

Orphan well fund

 

 

6,100

Public swimming pool fund

 

 

1,200

Public utility assessments

 

 

1,100

Public water supply fees

 

 

25,800

Refined petroleum fund

 

 

217,100

Renew Michigan fund

 

 

70,438,300

Scrap tire regulatory fund

 

 

13,700

Septage waste program fund

 

 

1,100

Sewage sludge land application fees

 

 

4,200

Soil erosion and sedimentation control training fund

 

 

200

Solid waste management fund - staff account

 

 

69,100

Stormwater permit fees

 

 

11,800

Strategic water quality initiatives fund

 

 

6,100

Underground storage tank cleanup fund

 

 

15,400

Wastewater operator training fees

 

 

2,700

Water pollution control revolving fund

 

 

2,700

Water use reporting fees

 

 

1,100

State general fund/general purpose

 

$

4,445,400

Sec. 108. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

9,239,200

GROSS APPROPRIATION

 

$

9,239,200

For Fiscal Year

Ending Sept. 30,

2023

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of state police

 

$

24,300

IDG from state transportation department

 

 

35,000

Federal revenues:

 

 

 

Federal funds

 

 

1,799,600

Special revenue funds:

 

 

 

Private funds

 

 

14,500

Air emissions fees

 

 

277,400

Aquatic nuisance control fund

 

 

25,100

Campground fund

 

 

8,400

Cleanup and redevelopment fund

 

 

621,800

Electronic waste recycling fund

 

 

12,200

Environmental education fund

 

 

4,600

Environmental pollution prevention fund

 

 

158,800

Fees and collections

 

 

6,100

Financial instruments

 

 

1,098,500

Great Lakes protection fund

 

 

13,700

Groundwater discharge permit fees

 

 

39,500

Infrastructure construction fund

 

 

1,500

Laboratory services fees

 

 

164,900

Land and water permit fees

 

 

63,100

Medical waste emergency response fund

 

 

12,200

Metallic mining surveillance fee revenue

 

 

3,000

Mineral well regulatory fee revenue

 

 

3,000

Nonferrous metallic mineral surveillance

 

 

14,500

NPDES fees

 

 

116,200

Oil and gas regulatory fund

 

 

234,000

Orphan well fund

 

 

28,100

Public swimming pool fund

 

 

16,700

Public utility assessments

 

 

12,200

Public water supply fees

 

 

123,100

Refined petroleum fund

 

 

1,009,300

Renew Michigan fund

 

 

876,300

Sand extraction fee revenue

 

 

3,000

Scrap tire regulatory fund

 

 

66,900

Septage waste program fund

 

 

13,700

Sewage sludge land application fees

 

 

22,800

Soil erosion and sedimentation control training fund

 

 

3,800

Solid waste management fund - staff account

 

 

323,700

Stormwater permit fees

 

 

58,500

Strategic water quality initiatives fund

 

 

32,700

Underground storage tank cleanup fund

 

 

77,500

Wastewater operator training fees

 

 

14,500

Water pollution control revolving fund

 

 

18,400

Water use reporting fees

 

 

6,900

State general fund/general purpose

 

$

1,779,200

Sec. 109. DRINKING WATER AND ENVIRONMENTAL HEALTH

 

 

 

Full-time equated classified positions

142.0

 

 

Drinking water—FTEs

99.0

$

15,385,100

Drinking water program grants

 

 

830,000

Environmental health—FTEs

42.0

 

15,396,800

Lead line replacement—FTE

1.0

 

196,600

Noncommunity water grants

 

 

1,905,700

For Fiscal Year

Ending Sept. 30,

2023

Septage waste compliance grants

 

$

125,000

GROSS APPROPRIATION

 

$

33,839,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

13,652,100

Special revenue funds:

 

 

 

Campground fund

 

 

311,300

Fees and collections

 

 

34,500

Public swimming pool fund

 

 

641,800

Public water supply fees

 

 

4,393,500

Refined petroleum fund

 

 

761,100

Septage waste program fund

 

 

601,200

Wastewater operator training fees

 

 

264,800

State general fund/general purpose

 

$

13,178,900

Sec. 110. MATERIALS MANAGEMENT DIVISION

 

 

 

Full-time equated classified positions

129.0

 

 

Energy efficiency revolving fund

 

$

7,200,000

Environmental sustainability and stewardship—FTEs

11.0

 

22,048,900

Hazardous waste management program—FTEs

45.0

 

6,248,100

Low-level radioactive waste authority—FTEs

2.0

 

248,300

Medical waste program—FTEs

2.0

 

325,700

Pollution prevention—FTEs

7.0

 

2,330,800

Radiological protection program—FTEs

12.0

 

2,035,900

Recycling initiative—FTEs

3.0

 

1,046,400

Scrap tire grants

 

 

3,500,000

Scrap tire regulatory program—FTEs

10.0

 

1,388,600

Solid waste management program—FTEs

37.0

 

6,771,400

GROSS APPROPRIATION

 

$

53,144,100

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of state police

 

 

1,544,200

Federal revenues:

 

 

 

Federal funds

 

 

7,204,800

Infrastructure investment and jobs act fund

 

 

23,000,000

Special revenue funds:

 

 

 

Private funds

 

 

649,500

Cleanup and redevelopment fund

 

 

1,046,400

Coal ash care fund

 

 

262,300

Community pollution prevention fund

 

 

250,000

Electronic waste recycling fund

 

 

325,200

Energy efficiency and renewable energy revolving loan fund

 

 

250,100

Environmental pollution prevention fund

 

 

4,063,300

Medical waste emergency response fund

 

 

325,700

Public utility assessments

 

 

1,796,400

Retired engineers technical assistance program fund

 

 

491,200

Scrap tire regulatory fund

 

 

4,888,600

Small business pollution prevention revolving loan fund

 

 

134,400

Solid waste management fund - staff account

 

 

6,183,900

Technologically enhanced naturally occurring radioactive material

 

 

453,100

State general fund/general purpose

 

$

275,000

Sec. 111. OIL, GAS, AND MINERALS DIVISION

 

 

 

Full-time equated classified positions

59.0

 

 

Oil, gas, and mineral services—FTEs

59.0

$

42,838,800

GROSS APPROPRIATION

 

$

42,838,800

For Fiscal Year

Ending Sept. 30,

2023

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of licensing and regulatory affairs

 

$

223,100

Federal revenues:

 

 

 

Federal funds

 

 

153,100

Infrastructure investment and jobs act fund

 

 

31,000,000

Special revenue funds:

 

 

 

Metallic mining surveillance fee revenue

 

 

92,500

Mineral well regulatory fee revenue

 

 

214,000

Native copper mine fund

 

 

50,000

Nonferrous metallic mineral surveillance

 

 

376,900

Oil and gas regulatory fund

 

 

3,803,400

Orphan well fund

 

 

2,341,700

Sand extraction fee revenue

 

 

88,400

State general fund/general purpose

 

$

4,495,700

Sec. 112. WATER INFRASTRUCTURE

 

 

 

Full-time equated classified positions

19.0

 

 

Municipal assistance—FTEs

19.0

$

5,125,300

Water state revolving funds

 

 

120,000,000

GROSS APPROPRIATION

 

$

125,125,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

103,171,500

Special revenue funds:

 

 

 

Revolving loan revenue bonds

 

 

15,000,000

Strategic water quality initiatives fund

 

 

1,226,600

Water pollution control revolving fund

 

 

727,200

State general fund/general purpose

 

$

5,000,000

Sec. 113. ONE-TIME APPROPRIATIONS

 

 

 

ARP - community technical, managerial, and financial support for lead line replacement

 

$

48,000,000

Buffalo reef

 

 

10,000,000

Contaminated site cleanup

 

 

10,000,000

Cooperative lakes monitoring program

 

 

150,000

Disposal of firefighting foam containing PFAS

 

 

500,000

Grants and records management

 

 

2,000,000

Private well testing

 

 

5,000,000

Refined petroleum product cleanup program

 

 

19,170,900

GROSS APPROPRIATION

 

$

94,820,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

48,000,000

Special revenue funds:

 

 

 

Cleanup and redevelopment fund

 

 

10,000,000

Refined petroleum fund

 

 

19,170,900

State general fund/general purpose

 

$

17,650,000

 

part 2

provisions concerning appropriations

for fiscal year 2022-2023

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 ending September 30, 2023 is $436,190,700.00 and state spending from state sources to be paid to local units of government for the fiscal year ending September 30, 2023 is $35,716,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

 

 

 

Brownfield grants

 

$

1,000,000

Drinking water and environmental health

 

 

400,000

Emergency cleanup actions

 

 

116,000

Environmental sustainability and stewardship

 

 

100,000

Medical waste program

 

 

70,000

Noncommunity water grants

 

 

2,000,000

Pollution prevention

 

 

200,000

Private well testing

 

 

5,000,000

Refined petroleum product cleanup program

 

 

5,000,000

Renewing Michigan’s environment program

 

 

20,000,000

Scrap tire grants

 

 

1,000,000

Septage waste compliance grants

 

 

130,000

Surface water

 

 

200,000

Technology advancements for water monitoring

 

 

500,000

TOTAL

 

$

 35,716,000

 

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 environment, Great Lakes, and energy.

(b) “Director” means the director of the department.

(c) “FTE” means full-time equated.

(d) “IDG” means interdepartmental grant.

(e) “NPDES” means the national pollutant discharge elimination

system.

 

Sec. 204. The department shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement, and it shall include placement of reports on an internet site.

 

Sec. 206. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply:

(a) The 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.

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

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

 

Sec. 207. The department shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the senate or house or a member’s staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

 

Sec. 208. 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 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. 209. 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. 210. 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 chairs of the senate and house appropriations committees and the senate and house fiscal agencies.

 

Sec. 211. 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 authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 212. 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. 213. 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 natural resources and environment, Great Lakes, and energy, 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. 214. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance.

 

Sec. 215. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $34,914,100.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $21,197,400.00. Total agency appropriations for retiree health care legacy costs are estimated at $13,716,700.00.

 

Sec. 216. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure 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. 217. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on natural resources and environment, Great Lakes, and energy, and the senate and house fiscal agencies the following information:

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

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

(2) By March 1 of the current fiscal year and semiannually thereafter, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on natural resources and environment, Great Lakes, and energy, and the senate and house fiscal agencies the following information:

(a) Number of employees that were engaged in remote work in 2022.

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

(c) Estimated net cost savings achieved by remote work.

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

 

Sec. 218. It is the intent of the legislature that departments maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

 

Sec. 219. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

 

Sec. 220. 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. 221. The department 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 appropriations committees, the senate and house subcommittees on natural resources and environment, Great Lakes, and energy, the joint committee on administrative rules, and the senate and house fiscal agencies.

 

Sec. 222. (1) From the funds appropriated in part 1, the department shall do all of the following:

(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 office any amount of severance pay for a department director, deputy director, or other highranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

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

(c) By February 1, report to the 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 total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 223. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

Sec. 224. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

 

Sec. 225. (1) The department may expend amounts remaining from the current and prior fiscal year appropriations to meet funding needs of the environmental cleanup and redevelopment program, contaminated site cleanup, the renew Michigan 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 clean Michigan initiative fund - response activities contained in 2011 PA 63, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, and 2017 PA 107, are appropriated for expenditure.

(3) Unexpended and unencumbered amounts remaining from appropriations from the refined petroleum fund activities contained in 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, 2018 PA 207, 2019 PA 57, 2020 PA 166, and 2021 PA 87, are appropriated for expenditure.

(4) Unexpended and unencumbered amounts remaining from the appropriations from the strategic water quality initiatives fund contained in 2011 PA 50, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, and 2018 PA 207, are appropriated for expenditure.

(5) For the strategic water quality initiatives fund, funds not yet disbursed are appropriated for expenditure for the same program under sections 5201, 5202, and 5204e of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5201, 324.5202, and 324.5204e.

(6) Unexpended and unencumbered amounts remaining from the appropriations from the renew Michigan fund contained in 2018 PA 207, 2019 PA 57, 2020 PA 166, and 2021 PA 87, are appropriated for expenditure.

(7) Unexpended and unencumbered amounts remaining from the appropriations from the general fund contained in 2021 PA 87 are appropriated for expenditure.

 

Sec. 226. Revenues remaining in the settlements fund at the end of the fiscal year shall carry forward into the succeeding fiscal year.

 

Sec. 227. (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. (1) Each quarter, the department shall prepare a report that contains information pertaining to all remediation and redevelopment efforts funded from part 1.

(2) The report must contain the following information:

(a) List of sites where work is planned to occur, including the county for each site.

(b) The type of site, whether refined petroleum cleanup, nonrefined petroleum cleanup, brownfield, or a combination of types.

(c) A brief description of how the issue will be addressed, including whether contractors will be utilized.

(d) The estimated date for project completion.

(e) The amount and funding source or sources allocated to the site.

(3) The report shall be submitted to the house and senate subcommittees on the environment, Great Lakes, and energy and the state budget director.

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, and 2016 PA 340. The report shall include the following:

(a) The names and locations of entities receiving funds.

(b) The purpose for each expenditure.

(c) The status of programs supported by this funding.

(d) A brief description of how related problems have been or will be resolved if expenditures are made for immediate response.

(e) The job titles and number of departmental FTEs engaged in the Flint declaration of emergency response effort.

 

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.

 

Sec. 238. By February 1, 2023, the department shall submit a report to the standing committees and appropriations subcommittees of the senate and house of representatives with primary responsibility for issues under the jurisdiction of the department that details departmental activities of the most recent fiscal year in administering permitting programs. The report shall include, at a minimum, all of the following:

(a) The number of FTEs assigned to each permitting program and the number of unfilled positions at the beginning and end of the most recent fiscal year.

(b) The number of permit applications received by the department in the preceding year, including applications for new and increased uses and reissuances.

(c) The number of permits for each program approved.

(d) The number of permits for each program denied.

(e) The percentage and number of permit applications that were reviewed for administrative completeness within statutory time frames.

(f) The percentage and number of permit applications for which a final action was taken by the department within statutory time frames for new and increased uses and reissuances.

(g) Activities to reduce any backlog of permits exceeding the statutory time frames and the average time frame for permit approvals for each program.

(h) Activities to reduce the percentage of permit applications submitted as incomplete, in need of modification, or additional information before final determination.

(i) Under conditions in which the department states a permit is incomplete or denied, the department shall provide an explanation as to the reason or reasons the permit is insufficient and how the permit can be strengthened or made complete.

 

Sec. 242. If the department responds to a significant incident to protect life or property, within 12 hours after the department response to a significant incident at a site in this state, the department shall notify the senate and house members whose district includes the site in writing.

 

Sec. 243. Funds appropriated in part 1 for the Michigan geological survey may be expended to perform any of the activities directed under sections 60104 to 60106 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.60104 to 324.60106. Focus shall be on conducting data collection and mapping to expand geologic information in the state.

 

REMEDIATION AND REDEVELOPMENT DIVISION

Sec. 301. Revenues remaining in the laboratory services fees fund at the end of the fiscal year shall carry forward into the succeeding fiscal year.

 

Sec. 302. From the funds appropriated in part 1 for contaminated site investigations, cleanup, and revitalization, the department shall not expend more than 3% for administrative costs.

 

Sec. 303. From the FTE positions appropriated in part 1 for contaminated site investigations, cleanup, and revitalization, 16.0 are allocated for the remediation of legacy sites that contain environmental contamination, as defined in section 20101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101.

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. 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.

 

Sec. 308. The unexpended funds appropriated in part 1 for brownfield grants, emergency cleanup actions, environmental cleanup support, and the refined petroleum product cleanup program are designated as work project appropriations, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the projects is to provide contaminated site cleanup.

(b) The projects will be accomplished by utilizing contracts with service providers.

(c) The total estimated cost of all projects is identified in each line-item appropriation.

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

 

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. 314. The department is encouraged to perform remedial actions as defined in section 20101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101, in geographically proximate areas when possible.

 

Sec. 315. (1) In addition to the money appropriated in part 1, the department may receive and expend money from the subaccounts of the cleanup and redevelopment fund as described under section 20108 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20108, including the environmental response fund or the natural resource damages fund, to provide funding for actions by the department that are authorized by a court of competent jurisdiction and set forth in a final court order or judgment in an action to which the department is a party.

(2) By September 30, 2023, the department shall submit a report to the appropriations subcommittees, the fiscal agencies, and the state budget office that provides a summary of the expenditures incurred under this section during the fiscal year ending September 30, 2023.

 

WATER RESOURCES DIVISION

Sec. 401. From the funds appropriated in part 1 for land and water interface permit programs, not less than $350,000.00 and not fewer than 2.0 FTE positions are allocated for dam safety programs. These amounts are in addition to any funding and FTEs utilized for this purpose in the fiscal year ending September 30, 2022.

 

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 324.11721, 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. 410. From the funds appropriated in part 1, the department shall compile a report by November 1 on the status of the implementation plan for the western Lake Erie basin collaborative agreement. In an effort to learn more about the presence and timing of harmful algal blooms, the report shall contain all of the following:

(a) An estimated cost of removal of total phosphorus per pound at the 4 major wastewater treatment plants.

(b) A description of the grants that have been awarded.

(c) A description of the work that has commenced on the issue of dissolved reactive phosphorus, the expected objectives and outcomes of that work, and a list of the parties involved in that effort.

(d) A description of the efforts and outcomes aimed at the total phosphorus reduction for the River Raisin watershed.

 

UNDERGROUND STORAGE TANK AUTHORITY

Sec. 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 underground storage tank cleanup.

(b) The project will be accomplished by utilizing contracts with service providers.

(c) The total estimated cost of the project is $20,000,000.00.

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

 

RENEWING MICHIGAN’S ENVIRONMENT

Sec. 801. The unexpended funds appropriated in part 1 for the renewing Michigan’s environment 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 for environmental cleanup and redevelopment, waste management, and recycling.

(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 $69,000,000.00.

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

 

MATERIALS MANAGEMENT DIVISION

Sec. 901. In addition to the money appropriated in part 1, the department may receive and expend money from the Volkswagen Environmental Mitigation Trust Agreement to provide funding for activities as outlined within the State’s Mitigation Plan. The department shall prepare a report to the appropriations subcommittees, the fiscal agencies, and the state budget office by February 1, 2024 of the expenditures incurred under this section during the fiscal year ending September 30, 2023.

 

Sec. 902. The department may increase capacity by a total of 5.0 FTE positions, for a limited term, to issue energy efficiency grants to communities for the environmental sustainability and stewardship appropriation under part 1.

 

OIL, GAS, AND MINERALS DIVISION

Sec. 925. The department may increase capacity by a total of 2.0 FTE positions, for a limited term, to close abandoned gas and oil wells for the oil, gas, and mineral services appropriation under part 1.

 

WATER INFRASTRUCTURE

Sec. 950. From the federal funds appropriated in part 1 for municipal assistance, the department may increase capacity by a total of 4.0 FTE positions to review and approve clean water and wastewater grants and loans.

 

ONE-TIME APPROPRIATIONS

Sec. 1000. Unless otherwise specified in statute or rule, previous grant awards shall not be used to disqualify applicants from consideration for grant funding opportunities for any grant program offered through the department or made from the funds appropriated in part 1.

 

Sec. 1001. From funds appropriated in part 1 for ARP - community technical, managerial, and financial support for lead line replacement, the department is encouraged to work in cooperation with the office of rural development within the department of agriculture and rural development to coordinate outreach and efforts in providing technical assistance to communities.

Sec. 1002. (1) From the funds appropriated in part 1 for buffalo reef, the department shall designate $10,000,000.00 in funding to cover costs associated with the planning and construction for the buffalo reef project.

(2) The unexpended portion of funds appropriated for the buffalo reef project is considered 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 the project under this section until the project has 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 build a coal dock jetty for the dredging of stamp sands from Lake Superior in Gay, Michigan.

(b) The project will be accomplished by utilizing all of the following:

(i) Federal resources, state resources, contracts, or grants.

(ii) Railroad corridor title work and property acquisition.

(iii) Final disposal area property acquisition.

(iv) Final disposal area design.

(v) Additional maintenance dredging of the trough and Grand Traverse Harbor to protect buffalo reef.

(vi) Continued physical surveys of the stamp sands and buffalo reef.

(c) The total estimated cost of the project is $10,000,000.00.

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

 

Sec. 1003. From funds appropriated in part 1 for the cooperative lakes monitoring program, the department shall provide funding in the amount of $150,000.00 to support the continuation of the department’s contract for the cooperative lakes monitoring program and to ensure the continued operation of this program.

 

Sec. 1004. (1) From the funds appropriated in part 1 for private well testing, the department shall award grants to local health departments to provide free or low-cost water testing to private well owners. Testing offered shall include coliforms, nitrates, nitrites, arsenic, and other contaminants as determined by application.

(2) On or before April 1, the department shall transmit to the appropriations subcommittees, the fiscal agencies, and the state budget office and post on the department’s website a report on the previous calendar year’s activities funded with private well testing funds. The report shall include a list of all grantees and award amounts.

 

ARTICLE 5

GENERAL GOVERNMENT

part 1

line-item appropriations

FOR FISCAL YEAR 2022-2023

Sec. 101. There is appropriated for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of labor and economic opportunity, and certain state purposes related thereto for the fiscal year ending September 30, 2023, from the following funds:

TOTAL GENERAL GOVERNMENT

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

78.5

 

 

Full-time equated classified positions

10,013.5

 

 

GROSS APPROPRIATION

 

$

8,600,937,200

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

1,120,888,100

ADJUSTED GROSS APPROPRIATION

 

$

7,480,049,100

Federal revenues:

 

 

 

Total federal revenues

 

 

1,264,235,700

Special revenue funds:

 

 

 

Total local revenues

 

 

26,240,800

Total private revenues

 

 

13,096,200

Total other state restricted revenues

 

 

2,678,961,900

State general fund/general purpose

 

$

3,497,514,500

For Fiscal Year

Ending Sept. 30,

2023

Sec. 102. DEPARTMENT OF ATTORNEY GENERAL

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

543.4

 

 

GROSS APPROPRIATION

 

$

118,273,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

35,954,600

ADJUSTED GROSS APPROPRIATION

 

$

82,318,400

Federal revenues:

 

 

 

Total federal revenues

 

 

10,101,900

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

20,786,700

State general fund/general purpose

 

$

51,429,800

(2) ATTORNEY GENERAL OPERATIONS

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

543.4

 

 

Attorney general

 

$

112,500

Unclassified salaries—FTEs

5.0

 

900,300

Administrative support—FTEs

46.0

 

23,239,200

Child support enforcement—FTEs

25.0

 

3,753,400

Civil bureaus—FTEs

362.0

 

64,589,500

Criminal bureaus—FTEs

90.4

 

10,494,400

Prosecuting attorneys coordinating council—FTEs

14.0

 

2,678,100

Public safety initiative—FTE

1.0

 

888,600

Sexual assault law enforcement—FTEs

5.0

 

1,465,000

GROSS APPROPRIATION

 

$

108,121,000

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from MDOC

 

 

714,800

IDG from MDE

 

 

805,700

IDG from EGLE

 

 

2,182,000

IDG from MDHHS, health policy

 

 

319,100

IDG from MDHHS, human services

 

 

6,668,100

IDG from MDHHS, medical services administration

 

 

749,200

IDG from MDHHS, WIC

 

 

357,900

IDG from MDIFS, financial and insurance services

 

 

1,244,400

IDG from LEO, Michigan occupational safety and health administration

 

 

202,200

IDG from LEO, workforce development

 

 

96,900

IDG from MDLARA, bureau of marijuana regulatory agency

 

 

1,484,000

IDG from MDLARA, fireworks safety fund

 

 

88,100

IDG from MDLARA, health professions

 

 

3,300,500

IDG from MDLARA, licensing and regulation fees

 

 

773,800

IDG from MDLARA, remonumentation fees

 

 

115,500

IDG from MDLARA, securities fees

 

 

761,800

IDG from MDLARA, unlicensed builders

 

 

1,156,200

IDG from MDMVA

 

 

177,500

IDG from MDOS, children’s protection registry

 

 

45,000

IDG from MDOT, comprehensive transportation fund

 

 

109,400

IDG from MDOT, state aeronautics fund

 

 

191,800

IDG from MDOT, state trunkline fund

 

 

2,172,800

IDG from MDSP

 

 

282,700

IDG from MDTMB

 

 

1,308,700

For Fiscal Year

Ending Sept. 30,

2023

IDG from MDTMB, civil service commission

 

$

332,800

IDG from MDTMB, risk management revolving fund

 

 

1,372,000

IDG from Michigan state housing development authority

 

 

1,252,700

IDG from Michigan strategic fund

 

 

195,400

IDG from treasury

 

 

7,493,600

Federal revenues:

 

 

 

DAG, state administrative match grant/food stamps

 

 

137,000

Federal funds

 

 

3,386,700

HHS, medical assistance, medigrant

 

 

407,100

HHS-OS, state Medicaid fraud control units

 

 

6,049,900

National criminal history improvement program

 

 

121,200

Special revenue funds:

 

 

 

Antitrust enforcement collections

 

 

829,400

Attorney general’s operations fund

 

 

1,118,200

Auto repair facilities fees

 

 

358,400

Franchise fees

 

 

414,900

Game and fish protection fund

 

 

670,900

Human trafficking commission fund

 

 

170,000

Lawsuit settlement proceeds fund

 

 

2,667,100

Liquor purchase revolving fund

 

 

1,598,300

Michigan employment security act - administrative fund

 

 

2,426,300

Michigan merit award trust fund

 

 

530,800

Michigan state waterways fund

 

 

148,700

Mobile home code fund

 

 

267,300

Prisoner reimbursement

 

 

564,100

Prosecuting attorneys training fees

 

 

425,100

Public utility assessments

 

 

2,150,200

Reinstatement fees

 

 

277,800

Retirement funds

 

 

1,135,200

Second injury fund

 

 

649,500

Self-insurers security fund

 

 

398,700

Silicosis and dust disease fund

 

 

114,700

State building authority revenue

 

 

131,200

State casino gaming fund

 

 

1,924,400

State lottery fund

 

 

375,800

Utility consumer representation fund

 

 

1,042,800

Worker’s compensation administrative revolving fund

 

 

396,900

State general fund/general purpose

 

$

41,277,800

(3) INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

1,652,000

GROSS APPROPRIATION

 

$

1,652,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

1,652,000

(4) ONE-TIME APPROPRIATIONS

 

 

 

Job court

 

$

5,000,000

Organized retail crime unit

 

 

3,500,000

GROSS APPROPRIATION

 

$

8,500,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

8,500,000

Sec. 103. DEPARTMENT OF CIVIL RIGHTS

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

109.0

 

 

GROSS APPROPRIATION

 

$

21,601,600

For Fiscal Year

Ending Sept. 30,

2023

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

$

0

ADJUSTED GROSS APPROPRIATION

 

$

21,601,600

Federal revenues:

 

 

 

Total federal revenues

 

 

2,890,900

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

18,700

Total other state restricted revenues

 

 

58,500

State general fund/general purpose

 

$

18,633,500

(2) CIVIL RIGHTS OPERATIONS

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

109.0

 

 

Unclassified salaries—FTEs

6.0

$

788,500

Complaint investigation and enforcement—FTEs

68.0

 

9,450,200

Division on deaf, deafblind, and hard of hearing—FTEs

6.0

 

741,400

Executive office—FTEs

23.0

 

2,980,900

Museums support

 

 

1,500,000

Public affairs—FTEs

12.0

 

1,718,400

GROSS APPROPRIATION

 

$

17,179,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

EEOC, state and local antidiscrimination agency contracts

 

 

1,253,700

HUD, grant

 

 

1,622,200

Special revenue funds:

 

 

 

Private revenues

 

 

18,700

State restricted indirect funds

 

 

58,500

State general fund/general purpose

 

$

14,226,300

(3) INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

770,300

GROSS APPROPRIATION

 

$

770,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

EEOC, state and local antidiscrimination agency contracts

 

 

15,000

State general fund/general purpose

 

$

755,300

(4) ONE-TIME APPROPRIATIONS

 

 

 

Complaint investigation and enforcement

 

$

3,151,900

Native American boarding school study

 

 

500,000

GROSS APPROPRIATION

 

$

3,651,900

Appropriated from:

 

 

 

State general fund/general purpose

 

$

3,651,900

Sec. 104. EXECUTIVE OFFICE

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

10.0

 

 

Full-time equated classified positions

86.2

 

 

GROSS APPROPRIATION

 

$

8,533,600

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

8,533,600

Federal revenues:

 

 

 

Total federal revenues

 

 

0

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

For Fiscal Year

Ending Sept. 30,

2023

Total other state restricted revenues

 

$

0

State general fund/general purpose

 

$

8,533,600

(2) EXECUTIVE OFFICE OPERATIONS

 

 

 

Full-time equated unclassified positions

10.0

 

 

Full-time equated classified positions

86.2

 

 

Unclassified salaries—FTE positions

8.0

$

1,478,100

Governor

 

 

159,300

Lieutenant governor

 

 

111,600

Executive office—FTEs

86.2

 

6,784,600

GROSS APPROPRIATION

 

$

8,533,600

Appropriated from:

 

 

 

State general fund/general purpose

 

$

8,533,600

Sec. 105. LEGISLATURE

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

215,282,900

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

6,654,800

ADJUSTED GROSS APPROPRIATION

 

$

208,628,100

Federal revenues:

 

 

 

Total federal revenues

 

 

0

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

428,300

Total other state restricted revenues

 

 

7,295,000

State general fund/general purpose

 

$

200,904,800

(2) LEGISLATURE

 

 

 

Senate

 

$

46,042,400

Senate automated data processing

 

 

2,925,100

Senate fiscal agency

 

 

4,337,300

House of representatives

 

 

67,730,100

House automated data processing

 

 

2,925,100

House fiscal agency

 

 

4,337,300

GROSS APPROPRIATION

 

$

128,297,300

Appropriated from:

 

 

 

State general fund/general purpose

 

$

128,297,300

(3) LEGISLATIVE COUNCIL

 

 

 

Legislative corrections ombudsman

 

$

1,078,200

Legislative council

 

 

15,084,700

Legislative service bureau automated data processing

 

 

3,399,300

Michigan veterans’ facility ombudsman

 

 

337,500

National association dues

 

 

644,400

Worker’s compensation

 

 

162,200

GROSS APPROPRIATION

 

$

20,706,300

Appropriated from:

 

 

 

State general fund/general purpose

 

$

20,706,300

(4) LEGISLATIVE RETIREMENT SYSTEM

 

 

 

General nonretirement expenses

 

$

5,751,000

GROSS APPROPRIATION

 

$

5,751,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Court fees

 

 

1,338,300

State general fund/general purpose

 

$

4,412,700

(5) PROPERTY MANAGEMENT

 

 

 

Binsfeld Office Building and other properties

 

$

9,033,800

For Fiscal Year

Ending Sept. 30,

2023

Cora Anderson Building

 

$

13,240,900

GROSS APPROPRIATION

 

$

22,274,700

Appropriated from:

 

 

 

State general fund/general purpose

 

$

22,274,700

(6) STATE CAPITOL HISTORIC SITE

 

 

 

Bond/lease obligations

 

$

100

General operations

 

 

6,020,200

Restoration, renewal, and maintenance

 

 

3,627,400

GROSS APPROPRIATION

 

$

9,647,700

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Private - gifts and bequests

 

 

428,300

Capitol historic site fund

 

 

3,627,400

State general fund/general purpose

 

$

5,592,000

(7) OFFICE OF THE AUDITOR GENERAL

 

 

 

Unclassified positions

 

$

397,000

Field operations

 

 

28,208,900

GROSS APPROPRIATION

 

$

28,605,900

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG, emp ben div postemployment life insurance benefit

 

 

20,900

IDG from LEO, self-insurers security fund

 

 

88,700

IDG from DHHS, human services

 

 

34,000

IDG from MDLARA, liquor purchase revolving fund

 

 

106,600

IDG from MDMVA, Michigan veterans’ facility authority

 

 

54,400

IDG from MDOT, comprehensive transportation fund

 

 

43,200

IDG from MDOT, Michigan transportation fund

 

 

350,200

IDG from MDOT, state aeronautics fund

 

 

33,800

IDG from MDOT, state trunkline fund

 

 

813,500

IDG, legislative retirement system

 

 

31,900

IDG, single audit act

 

 

3,090,900

IDG, commercial mobile radio system emergency telephone fund

 

 

40,800

IDG, contract audit administration fees

 

 

69,100

IDG, deferred compensation funds

 

 

100,600

IDG, Michigan finance authority

 

 

321,900

IDG, Michigan economic development corporation

 

 

125,500

IDG, Michigan education trust fund

 

 

67,000

IDG, Michigan justice training commission fund

 

 

45,400

IDG, Michigan strategic fund

 

 

203,900

IDG, office of retirement services

 

 

927,500

IDG, other restricted funding sources

 

 

85,000

Special revenue funds:

 

 

 

21st century jobs trust fund

 

 

106,900

Brownfield development fund

 

 

31,300

Clean Michigan initiative implementation bond fund

 

 

60,500

Game and fish protection fund

 

 

34,800

MDTMB, civil service commission

 

 

197,200

Michigan state housing development authority fees

 

 

126,000

Michigan veterans’ trust fund

 

 

2,000

Michigan veterans’ trust fund income and assessments

 

 

23,000

Motor transport revolving fund

 

 

8,100

Office services revolving fund

 

 

11,200

State disbursement unit, office of child support

 

 

63,600

State services fee fund

 

 

1,652,100

For Fiscal Year

Ending Sept. 30,

2023

Waterways fund

 

$

12,600

State general fund/general purpose

 

$

19,621,800

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

 

$

255,196,700

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

20,000,000

ADJUSTED GROSS APPROPRIATION

 

$

235,196,700

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

 

 

221,007,300

State general fund/general purpose

 

$

12,679,300

(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

130.0

 

 

Secretary of state

 

$

112,500

Unclassified salaries—FTEs

5.0

 

750,900

Executive direction—FTEs

30.0

 

4,849,600

Operations—FTEs

100.0

 

24,234,500

Property management

 

 

9,961,100

Worker’s compensation

 

 

157,000

GROSS APPROPRIATION

 

$

40,065,600

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Abandoned vehicle fees

 

 

239,800

Auto repair facilities fees

 

 

130,400

Children’s protection registry fund

 

 

270,700

Driver fees

 

 

2,453,700

Enhanced driver license and enhanced official state personal identification card fund

 

 

2,013,200

Parking ticket court fines

 

 

432,800

Personal identification card fees

 

 

288,100

Reinstatement fees - operator licenses

 

 

240,700

Scrap tire fund

 

 

78,600

Transportation administration collection fund

 

 

28,742,800

Transportation administration support fund

 

 

4,188,600

State general fund/general purpose

 

$

986,200

(3) LEGAL SERVICES

 

 

 

Full-time equated classified positions

158.0

 

 

Operations—FTEs

158.0

$

21,588,500

GROSS APPROPRIATION

 

$

21,588,500

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Auto repair facilities fees

 

 

3,115,300

Driver fees

 

 

1,630,000

Enhanced driver license and enhanced official state personal identification card fund

 

 

2,787,500

Reinstatement fees - operator licenses

 

 

950,700

Transportation administration collection fund

 

 

9,956,200

Transportation administration support fund

 

 

1,450,900

Vehicle theft prevention fees

 

 

733,700

State general fund/general purpose

 

$

964,200

For Fiscal Year

Ending Sept. 30,

2023

(4) CUSTOMER DELIVERY SERVICES

 

 

 

Full-time equated classified positions

1,253.0

 

 

Branch operations—FTEs

916.0

$

93,151,200

Central operations—FTEs

335.0

 

50,758,400

Motorcycle safety education administration—FTEs

2.0

 

650,600

Motorcycle safety education grants

 

 

2,100,000

Organ donor program

 

 

129,100

GROSS APPROPRIATION

 

$

146,789,300

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

 

 

763,700

Child support clearance fees

 

 

200,000

Driver education provider and instructor fund

 

 

75,000

Driver fees

 

 

22,374,100

Driver improvement course fund

 

 

1,219,800

Enhanced driver license and enhanced official state personal identification card fund

 

 

12,473,500

Expedient service fees

 

 

2,952,400

Marine safety fund

 

 

1,582,400

Michigan state police auto theft fund

 

 

123,000

Mobile home commission fees

 

 

507,500

Motorcycle safety and education awareness fund

 

 

300,000

Motorcycle safety fund

 

 

2,150,600

Off-road vehicle title fees

 

 

170,700

Parking ticket court fines

 

 

1,281,500

Personal identification card fees

 

 

2,375,600

Recreation passport fee revenue

 

 

1,000,000

Reinstatement fees - operator licenses

 

 

1,414,500

Snowmobile registration fee revenue

 

 

390,000

Transportation administration collection fund

 

 

61,802,800

Transportation administration support fund

 

 

9,006,400

Vehicle theft prevention fees

 

 

786,000

State general fund/general purpose

 

$

1,878,800

(5) ELECTION REGULATION

 

 

 

Full-time equated classified positions

45.0

 

 

County clerk education and training fund

 

$

100,000

Election administration and services—FTEs

45.0

 

7,587,700

Fees to local units

 

 

109,800

GROSS APPROPRIATION

 

$

7,797,500

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Notary education and training fund

 

 

100,000

Notary fee fund

 

 

343,500

State general fund/general purpose

 

$

7,354,000

(6) INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

38,955,800

GROSS APPROPRIATION

 

$

38,955,800

For Fiscal Year

Ending Sept. 30,

2023

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Administrative order processing fee

 

$

11,800

Auto repair facilities fees

 

 

129,800

Driver fees

 

 

790,400

Enhanced driver license and enhanced official state personal identification card fund

 

 

350,100

Expedient service fees

 

 

1,101,100

Parking ticket court fines

 

 

89,300

Personal identification card fees

 

 

174,000

Reinstatement fees - operator licenses

 

 

398,800

Transportation administration collection fund

 

 

29,878,600

Transportation administration support fund

 

 

4,354,100

Vehicle theft prevention fees

 

 

181,700

State general fund/general purpose

 

$

1,496,100

Sec. 107. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

3,161.0

 

 

GROSS APPROPRIATION

 

$

1,835,139,700

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

1,047,125,600

ADJUSTED GROSS APPROPRIATION

 

$

788,014,100

Federal revenues:

 

 

 

Total federal revenues

 

 

5,217,200

Special revenue funds:

 

 

 

Total local revenues

 

 

2,331,200

Total private revenues

 

 

137,400

Total other state restricted revenues

 

 

123,219,300

State general fund/general purpose

 

$

657,109,000

(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

873.5

 

 

Unclassified salaries—FTEs

6.0

$

1,028,500

Administrative services—FTEs

180.5

 

28,602,900

Budget and financial management—FTEs

183.0

 

41,523,700

Building operation services—FTEs

255.0

 

97,974,700

Bureau of labor market information and strategies—FTEs

44.0

 

7,838,800

Business support services—FTEs

106.0

 

14,532,700

Design and construction services—FTEs

40.0

 

7,045,900

Executive operations—FTEs

12.0

 

2,481,000

Motor vehicle fleet—FTEs

39.0

 

85,732,400

Office of the state employer—FTEs

14.0

 

1,755,600

Property management

 

 

8,873,400

GROSS APPROPRIATION

 

$

297,389,600

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from accounting service centers user charges

 

 

6,424,300

IDG from building occupancy and parking charges

 

 

100,187,500

IDG from MDHHS, community health

 

 

513,400

IDG from MDHHS, human services

 

 

240,700

IDG from MDLARA

 

 

100,000

IDG from motor transport fund

 

 

85,732,400

IDG from technology user fees

 

 

11,567,800

IDG from user fees

 

 

7,126,800

For Fiscal Year

Ending Sept. 30,

2023

Federal revenues:

 

 

 

Federal funds

 

$

5,217,200

Special revenue funds:

 

 

 

Local funds

 

 

35,000

Local - MPSCS subscriber and maintenance fees

 

 

18,400

Private funds

 

 

137,400

Health management funds

 

 

432,500

Other agency charges

 

 

1,276,700

SIGMA user fees

 

 

2,755,600

Special revenue, internal service, and pension trust funds

 

 

19,388,200

State restricted indirect funds

 

 

3,222,600

State general fund/general purpose

 

$

53,013,100

(3) TECHNOLOGY SERVICES

 

 

 

Full-time equated classified positions

1,647.5

 

 

Education services—FTEs

33.0

$

4,980,400

Enterprise identity management—FTEs

25.0

 

14,751,900

General services—FTEs

351.5

 

135,768,100

Health and human services—FTEs

656.5

 

561,586,800

Homeland security initiative/cyber security—FTEs

44.0

 

17,322,600

Information technology investment fund

 

 

35,000,000

Michigan public safety communication system—FTEs

137.0

 

48,950,100

Public protection—FTEs

162.5

 

64,117,600

Resources services—FTEs

138.5

 

21,803,800

Transportation services—FTEs

99.5

 

41,143,100

GROSS APPROPRIATION

 

$

945,424,400

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from technology user fees

 

 

829,399,800

Special revenue funds:

 

 

 

Local - MPSCS subscriber and maintenance fees

 

 

2,277,800

State general fund/general purpose

 

$

113,746,800

(4) STATEWIDE APPROPRIATIONS

 

 

 

Professional development fund - AFSCME

 

$

50,000

Professional development fund - MPE, SEIU, scientific and engineering unit

 

 

100,000

Professional development fund - MPE, SEIU, technical unit

 

 

50,000

Professional development fund - NEREs

 

 

200,000

Professional development fund - UAW

 

 

700,000

GROSS APPROPRIATION

 

$

1,100,000

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from employer contributions

 

 

1,100,000

State general fund/general purpose

 

$

0

(5) SPECIAL PROGRAMS

 

 

 

Full-time equated classified positions

181.0

 

 

Office of children’s ombudsman—FTEs

14.0

$

2,160,200

Property management executive/legislative

 

 

1,320,300

Retirement services—FTEs

167.0

 

26,238,000

GROSS APPROPRIATION

 

$

29,718,500

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Deferred compensation

 

 

3,200,000

Pension trust funds

 

 

22,945,000

State general fund/general purpose

 

$

3,573,500

For Fiscal Year

Ending Sept. 30,

2023

(6) STATE BUILDING AUTHORITY RENT

 

 

 

State building authority rent - community colleges

 

$

32,981,600

State building authority rent - state agencies

 

 

66,293,700

State building authority rent - universities

 

 

132,295,300

GROSS APPROPRIATION

 

$

231,570,600

Appropriated from:

 

 

 

State general fund/general purpose

 

$

231,570,600

(7) CIVIL SERVICE COMMISSION

 

 

 

Full-time equated classified positions

459.0

 

 

Agency services—FTEs

113.0

$

17,741,000

Employee benefits—FTEs

27.0

 

7,944,800

Executive direction—FTEs

40.0

 

10,225,400

Human resources operations—FTEs

279.0

 

36,171,700

Information technology services and projects

 

 

4,110,700

GROSS APPROPRIATION

 

$

76,193,600

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

State restricted funds 1%

 

 

30,307,200

State restricted indirect funds

 

 

9,438,500

State sponsored group insurance

 

 

11,200,500

State general fund/general purpose

 

$

25,247,400

(8) CAPITAL OUTLAY

 

 

 

Enterprisewide special maintenance for state facilities

 

$

28,000,000

Major special maintenance, remodeling, and addition for state agencies

 

 

3,800,000

GROSS APPROPRIATION

 

$

31,800,000

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from building occupancy charges

 

 

3,800,000

State general fund/general purpose

 

$

28,000,000

(9) INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

36,193,000

GROSS APPROPRIATION

 

$

36,193,000

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

Pension trust funds

 

 

11,137,900

SIGMA user fees

 

 

3,121,600

Special revenue, internal service, and pension trust funds

 

 

2,706,500

State restricted indirect funds

 

 

2,083,900

State general fund/general purpose

 

$

16,207,600

(10) ONE-TIME APPROPRIATIONS

 

 

 

Enterprisewide special maintenance for state facilities

 

$

70,000,000

Information technology investment fund

 

 

100,000,000

Software purchasing review

 

 

750,000

Supply chain technology

 

 

15,000,000

GROSS APPROPRIATION

 

$

185,750,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

185,750,000

Sec. 108. DEPARTMENT OF TREASURY

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

10.0

 

 

For Fiscal Year

Ending Sept. 30,

2023

Full-time equated classified positions

1,968.5

 

 

GROSS APPROPRIATION

 

$

3,246,563,700

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

11,153,100

ADJUSTED GROSS APPROPRIATION

 

$

3,235,410,600

Federal revenues:

 

 

 

Total federal revenues

 

 

24,970,700

Special revenue funds:

 

 

 

Total local revenues

 

 

13,209,600

Total private revenues

 

 

31,000

Total other state restricted revenues

 

 

2,060,674,700

State general fund/general purpose

 

$

1,136,524,600

(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

10.0

 

 

Full-time equated classified positions

442.5

 

 

Unclassified salaries—FTEs

10.0

$

1,188,600

Bureau of accounting and financial services—FTEs

69.0

 

8,723,900

Collections services bureau—FTEs

201.0

 

30,046,400

Department services—FTEs

80.0

 

9,760,100

Executive direction and operations—FTEs

64.5

 

9,201,600

Property management

 

 

7,174,500

Unclaimed property—FTEs

28.0

 

5,081,600

Worker’s compensation

 

 

183,800

GROSS APPROPRIATION

 

$

71,360,500

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG, data/collection services fees

 

 

339,100

IDG from accounting service center user charges

 

 

406,800

IDG from MDHHS, title IV-D

 

 

816,500

IDG, levy/warrant cost assessment fees

 

 

3,753,900

IDG, state agency collection fees

 

 

2,023,000

Federal revenues:

 

 

 

DED-OPSE, federal lenders allowance

 

 

499,700

DED-OPSE, higher education act of 1965 insured loans

 

 

537,600

Special revenue funds:

 

 

 

Delinquent tax collection revenue

 

 

38,686,400

Escheats revenue

 

 

5,081,600

Garnishment fees

 

 

2,808,000

Justice system fund

 

 

456,200

Marihuana regulation fund

 

 

1,291,800

Marihuana regulatory fund

 

 

193,900

MFA, bond and loan program revenue

 

 

664,700

State lottery fund

 

 

317,300

State restricted indirect funds

 

 

288,900

State services fee fund

 

 

361,600

Treasury fees

 

 

47,200

State general fund/general purpose

 

$

12,786,300

(3) LOCAL GOVERNMENT PROGRAMS

 

 

 

Full-time equated classified positions

106.0

 

 

Local finance—FTEs

18.0

$

2,521,100

Michigan infrastructure council—FTEs

3.0

 

3,849,800

Property tax assessor training—FTE

1.0

 

1,049,800

Supervision of the general property tax law—FTEs

84.0

 

17,992,300

Flint settlement payment

 

 

35,000,000

GROSS APPROPRIATION

 

$

60,413,000

For Fiscal Year

Ending Sept. 30,

2023

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from MDOT, Michigan transportation fund

 

$

250,300

Special revenue funds:

 

 

 

Local - assessor training fees

 

 

1,049,800

Local - audit charges

 

 

609,900

Local - equalization study charge-backs

 

 

40,000

Local - revenue from local government

 

 

100,000

Delinquent tax collection revenue

 

 

1,603,100

Land reutilization fund

 

 

2,067,300

Municipal finance fees

 

 

579,600

State general fund/general purpose

 

$

54,113,000

(4) TAX PROGRAMS

 

 

 

Full-time equated classified positions

763.0

 

 

Bottle act implementation

 

$

250,000

Home heating assistance

 

 

3,099,200

Insurance provider assessment program—FTEs

13.0

 

2,211,600

Office of revenue and tax analysis—FTEs

21.0

 

4,050,500

Tax and economic policy—FTEs

44.0

 

9,493,100

Tax compliance—FTEs

319.0

 

46,373,900

Tax processing—FTEs

355.0

 

44,494,100

Tobacco tax enforcement—FTEs

11.0

 

1,577,700

GROSS APPROPRIATION

 

$

111,550,100

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from MDOT, Michigan transportation fund

 

 

2,412,200

IDG from MDOT, state aeronautics fund

 

 

72,200

Federal revenues:

 

 

 

HHS-SSA, low-income energy assistance

 

 

3,099,200

Special revenue funds:

 

 

 

Bottle deposit fund

 

 

250,000

Brownfield redevelopment fund

 

 

213,500

Delinquent tax collection revenue

 

 

75,212,400

Insurance provider fund

 

 

2,211,600

Marihuana regulation fund

 

 

2,361,700

Marihuana regulatory fund

 

 

119,300

Michigan state waterways fund

 

 

107,100

Tobacco tax revenue

 

 

4,228,600

State general fund/general purpose

 

$

21,262,300

(5) FINANCIAL PROGRAMS

 

 

 

Full-time equated classified positions

172.0

 

 

Dual enrollment payments

 

$

3,000,000

Investments—FTEs

81.0

 

22,254,300

State and authority finance—FTEs

19.0

 

4,581,200

Student financial assistance programs—FTEs

72.0

 

26,023,900

GROSS APPROPRIATION

 

$

55,859,400

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG, fiscal agent service fees

 

 

213,600

Federal revenues:

 

 

 

DED-OPSE, federal lenders allowance

 

 

3,363,700

DED-OPSE, higher education act of 1965, insured loans

 

 

16,851,400

Special revenue funds:

 

 

 

Defined contribution administrative fee revenue

 

 

300,000

For Fiscal Year

Ending Sept. 30,

2023

Michigan finance authority bond and loan program revenue

 

$

2,818,900

Michigan merit award trust fund

 

 

1,235,500

Retirement funds

 

 

18,583,400

School bond fees

 

 

914,200

Treasury fees

 

 

3,596,200

State general fund/general purpose

 

$

7,982,500

(6) DEBT SERVICE

 

 

 

Clean Michigan initiative

 

$

23,760,000

Great Lakes water quality bond

 

 

72,861,100

Quality of life bond

 

 

3,463,000

GROSS APPROPRIATION

 

$

100,084,100

Appropriated from:

 

 

 

State general fund/general purpose

 

$

100,084,100

(7) GRANTS

 

 

 

Convention facility development distribution

 

$

118,590,700

Emergency 911 payments

 

 

48,800,000

Health and safety fund grants

 

 

1,500,000

Recreational marihuana grants

 

 

50,580,000

Senior citizen cooperative housing tax exemption program

 

 

11,421,800

Wrongful imprisonment compensation fund

 

 

10,000,000

GROSS APPROPRIATION

 

$

240,892,500

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Convention facility development fund

 

 

118,590,700

Emergency 911 fund

 

 

48,800,000

Health and safety fund

 

 

1,500,000

Marihuana regulation fund

 

 

50,580,000

State general fund/general purpose

 

$

21,421,800

(8) BUREAU OF STATE LOTTERY

 

 

 

Full-time equated classified positions

211.0

 

 

Lottery information technology services and projects

 

$

3,970,900

Lottery operations—FTEs

211.0

 

30,327,000

GROSS APPROPRIATION

 

$

34,297,900

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

State lottery fund

 

 

34,297,900

State general fund/general purpose

 

$

0

(9) CASINO GAMING

 

 

 

Full-time equated classified positions

199.0

 

 

Casino gaming control operations—FTEs

169.0

$

32,742,600

Gaming information technology services and projects

 

 

5,327,000

Horse racing—FTEs

10.0

 

2,129,700

Michigan gaming control board

 

 

50,000

Millionaire party regulation—FTEs

20.0

 

3,168,000

GROSS APPROPRIATION

 

$

43,417,300

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Casino gambling agreements

 

 

1,008,400

Equine development fund

 

 

2,249,400

Fantasy contest fund

 

 

696,700

Internet gaming fund

 

 

9,233,800

Internet sports betting fund

 

 

2,580,200

State services fee fund

 

 

27,648,800

State general fund/general purpose

 

$

0

For Fiscal Year

Ending Sept. 30,

2023

(10) PAYMENTS IN LIEU OF TAXES

 

 

 

Commercial forest reserve

 

$

3,368,100

Purchased lands

 

 

9,971,100

Swamp and tax reverted lands

 

 

16,836,200

GROSS APPROPRIATION

 

$

30,175,400

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Private funds

 

 

31,000

Game and fish protection fund

 

 

3,378,900

Michigan natural resources trust fund

 

 

2,540,800

Michigan state waterways fund

 

 

293,100

State general fund/general purpose

 

$

23,931,600

(11) REVENUE SHARING

 

 

 

City, village, and township revenue sharing

 

$

279,557,400

Constitutional state general revenue sharing grants

 

 

1,036,594,900

County incentive program

 

 

43,488,100

County revenue sharing

 

 

199,999,300

Financially distressed cities, villages, or townships

 

 

2,500,000

GROSS APPROPRIATION

 

$

1,562,139,700

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Sales tax

 

 

1,562,139,700

State general fund/general purpose

 

$

0

(12) STATE BUILDING AUTHORITY

 

 

 

Full-time equated classified positions

3.0

 

 

State building authority—FTEs

3.0

$

765,500

GROSS APPROPRIATION

 

$

765,500

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

State building authority revenue

 

 

765,500

State general fund/general purpose

 

$

0

(13) CITY INCOME TAX ADMINISTRATION PROGRAM

 

 

 

Full-time equated classified positions

72.0

 

 

City income tax administration program—FTEs

72.0

$

10,148,200

GROSS APPROPRIATION

 

$

10,148,200

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Local - city income tax fund

 

 

10,148,200

State general fund/general purpose

 

$

0

(14) INFORMATION TECHNOLOGY

 

 

 

Treasury operations information technology services and projects

 

$

48,478,700

GROSS APPROPRIATION

 

$

48,478,700

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from MDOT, Michigan transportation fund

 

 

865,500

Federal revenues:

 

 

 

DED-OPSE, federal lender allowance

 

 

619,100

Special revenue funds:

 

 

 

Local - city income tax fund

 

 

1,261,700

Delinquent tax collection revenue

 

 

18,078,100

Marihuana regulation fund

 

 

770,300

Retirement funds

 

 

808,200

Tobacco tax revenue

 

 

132,800

State general fund/general purpose

 

$

25,943,000

For Fiscal Year

Ending Sept. 30,

2023

(15) ONE-TIME APPROPRIATIONS

 

 

 

Advertising for responsible gaming

 

$

3,000,000

City, village, and township revenue sharing

 

 

2,662,500

County revenue sharing

 

 

2,318,900

Local unit municipal pension principal payment grant

 

 

750,000,000

State police retirement system deposit

 

 

100,000,000

Transportation administration support fund

 

 

19,000,000

GROSS APPROPRIATION

 

$

876,981,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Special revenue funds:

 

 

 

Fantasy contest fund

 

 

150,000

Internet gaming fund

 

 

2,700,000

Internet sports betting fund

 

 

150,000

Sales tax

 

 

4,981,400

State general fund/general purpose

 

$

869,000,000

Sec. 109. DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

34.5

 

 

Full-time equated classified positions

2,559.4

 

 

GROSS APPROPRIATION

 

$

2,900,346,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

2,900,346,000

Federal revenues:

 

 

 

Total federal revenues

 

 

1,219,595,000

Special revenue funds:

 

 

 

Total local revenues

 

 

10,700,000

Total private revenues

 

 

12,430,700

Total other state restricted revenues

 

 

245,920,400

State general fund/general purpose

 

$

1,411,699,900

(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

34.5

 

 

Full-time equated classified positions

60.0

 

 

Unclassified salaries—FTEs

34.5

$

4,425,800

Executive direction and operations—FTEs

60.0

 

10,131,900

Property management

 

 

6,166,400

GROSS APPROPRIATION

 

$

20,724,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DED, vocational rehabilitation and independent living

 

 

3,231,000

DOL-ETA, unemployment insurance

 

 

2,509,800

DOL, federal funds

 

 

3,217,600

DOL, occupational safety and health

 

 

515,700

Federal funds

 

 

2,500,000

Special revenue funds:

 

 

 

Asbestos abatement fund

 

 

51,800

Corporation fees

 

 

1,798,100

Michigan state housing development authority fees and charges

 

 

639,400

Private occupational school fees

 

 

55,600

Radiological health fees

 

 

287,800

Safety education and training fund

 

 

768,700

Second injury fund

 

 

275,500

Securities fees

 

 

1,990,200

For Fiscal Year

Ending Sept. 30,

2023

Self-insurers security fund

 

$

151,100

Silicosis and dust disease fund

 

 

114,000

Worker’s compensation administrative revolving fund

 

 

90,100

State general fund/general purpose

 

$

2,527,700

(3) WORKFORCE DEVELOPMENT

 

 

 

Full-time equated classified positions

231.0

 

 

At-risk youth grants

 

$

4,750,000

Going pro

 

 

55,000,000

Graduation alliance

 

 

2,500,000

High school equivalency-to-school program

 

 

250,000

Michigan reconnect grant program—FTEs

12.0

 

55,000,000

MiSTEM advisory council—FTEs

0.0

 

300,000

Office of future mobility and electrification

 

 

2,000,000

Tri-share child care program

 

 

2,500,000

Workforce development programs

 

 

395,706,300

Workforce program administration—FTEs

219.0

 

38,786,800

GROSS APPROPRIATION

 

$

556,793,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DAG, employment and training

 

 

4,000,400

DED-OESE, GEAR-UP

 

 

4,000,000

DED-OVAE, adult education

 

 

20,000,000

DED-OVAE, basic grants to states

 

 

19,000,000

DOL, federal funds

 

 

107,385,100

DOL-ETA, workforce investment act

 

 

173,488,600

Federal funds

 

 

17,269,200

Social security act, temporary assistance for needy families

 

 

63,698,800

Special revenue funds:

 

 

 

Local revenues

 

 

300,000

Private funds

 

 

5,283,300

Contingent fund, penalty and interest account

 

 

22,115,600

Defaulted loan collection fees

 

 

179,400

State general fund/general purpose

 

$

120,072,700

(4) REHABILITATION SERVICES

 

 

 

Full-time equated classified positions

671.0

 

 

Bureau of services for blind persons—FTEs

116.0

$

25,610,900

Centers for independent living

 

 

18,531,700

Michigan rehabilitation services—FTEs

555.0

 

138,061,300

Subregional libraries state aid

 

 

451,800

GROSS APPROPRIATION

 

$

182,655,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DED, vocational rehabilitation and independent living

 

 

129,688,600

Federal funds

 

 

1,461,000

Supplemental security income

 

 

8,588,600

Special revenue funds:

 

 

 

Local - blind services

 

 

100,000

Local - vocational rehabilitation match

 

 

5,300,000

Private - blind services

 

 

111,800

Private - gifts, bequests, and donations

 

 

531,500

Michigan business enterprise program fund

 

 

350,000

Rehabilitation services fees

 

 

150,000

Second injury fund

 

 

38,300

State general fund/general purpose

 

$

36,335,900

For Fiscal Year

Ending Sept. 30,

2023

(5) EMPLOYMENT SERVICES

 

 

 

Full-time equated classified positions

378.4

 

 

Bureau of employment relations—FTEs

22.0

$

4,511,700

Compensation supplement fund

 

 

820,000

First responder presumed coverage claims

 

 

4,000,000

Insurance funds administration—FTEs

23.0

 

4,779,400

Michigan occupational safety and health administration—FTEs

197.0

 

31,272,400

Office of global Michigan—FTEs

13.0

 

39,127,500

Private and occupational distance learning—FTEs

3.0

 

859,400

Radiation safety section—FTEs

21.4

 

3,464,400

Wage and hour program—FTEs

29.0

 

4,208,900

Workers’ compensation board of magistrates—FTEs

10.0

 

2,260,200

Workers’ disability compensation agency—FTEs

56.0

 

8,338,400

Workers’ disability compensation appeals commission—FTEs

4.0

 

350,600

GROSS APPROPRIATION

 

$

103,992,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOL, occupational safety and health

 

 

12,915,200

HHS, mammography quality standards

 

 

513,300

HHS, refugee assistance program fund

 

 

38,369,000

Special revenue funds:

 

 

 

Asbestos abatement fund

 

 

941,600

Corporation fees

 

 

10,476,100

Distance education fund

 

 

368,600

First responder presumed coverage fund

 

 

4,000,000

Private occupational school license fees

 

 

490,800

Radiological health fees

 

 

2,951,100

Safety education and training fund

 

 

10,516,700

Second injury fund

 

 

2,422,900

Securities fees

 

 

10,800,000

Self-insurers security fund

 

 

1,644,200

Silicosis and dust disease fund

 

 

712,300

Worker’s compensation administrative revolving fund

 

 

1,895,200

State general fund/general purpose

 

$

4,975,900

(6) UNEMPLOYMENT

 

 

 

Full-time equated classified positions

744.0

 

 

Unemployment insurance agency—FTEs

736.0

$

297,419,800

Unemployment insurance agency - advocacy assistance

 

 

1,500,000

Unemployment insurance appeals commission—FTEs

8.0

 

4,430,600

GROSS APPROPRIATION

 

$

303,350,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOL-ETA, unemployment insurance

 

 

280,602,200

Special revenue funds:

 

 

 

Contingent fund, penalty and interest account

 

 

22,748,200

State general fund/general purpose

 

$

0

(7) COMMISSIONS

 

 

 

Full-time equated classified positions

19.0

 

 

Asian Pacific American affairs commission—FTE

1.0

$

222,400

Commission on Middle Eastern American affairs—FTE

1.0

 

210,000

Hispanic/Latino commission of Michigan—FTE

1.0

 

295,100

Michigan community service commission—FTEs

14.0

 

12,013,500

Michigan women’s commission—FTEs

2.0

 

1,473,600

GROSS APPROPRIATION

 

$

14,214,600

For Fiscal Year

Ending Sept. 30,

2023

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

$

10,926,000

Special revenue funds:

 

 

 

Private funds

 

 

1,204,100

State general fund/general purpose

 

$

2,084,500

(8) INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

29,739,800

GROSS APPROPRIATION

 

$

29,739,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DED, vocational rehabilitation and independent living

 

 

3,141,200

DOL-ETA, unemployment insurance

 

 

22,867,300

DOL, occupational safety and health

 

 

373,100

Special revenue funds:

 

 

 

Asbestos abatement fund

 

 

35,400

Corporation fees

 

 

316,100

Distance education fund

 

 

5,600

Private occupational school license fees

 

 

21,900

Radiological health fees

 

 

156,200

Safety education and training fund

 

 

404,200

Second injury fund

 

 

356,500

Securities fees

 

 

995,000

Self-insurers security fund

 

 

251,100

Silicosis and dust disease fund

 

 

70,800

State general fund/general purpose

 

$

745,400

(9) MICHIGAN STRATEGIC FUND

 

 

 

Full-time equated classified positions

174.0

 

 

Arts and cultural program

 

$

11,000,000

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

 

 

15,650,000

Facility for rare isotope beams

 

 

7,300,000

Job creation services—FTEs

174.0

 

28,917,200

Lighthouse preservation program

 

 

307,500

ARP - Pure Michigan

 

 

15,000,000

Pure Michigan

 

 

25,000,000

State Trade Export Program

 

 

3,000,000

GROSS APPROPRIATION

 

$

257,774,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

15,000,000

HUD-CPD community development block grant

 

 

49,773,300

NFAH-NEA, promotion of the arts, partnership agreements

 

 

1,050,000

State historic preservation, national park service grants

 

 

1,900,000

Federal funds

 

 

3,000,000

Special revenue funds:

 

 

 

Local promotion fund

 

 

5,000,000

Private - Michigan council for the arts fund

 

 

100,000

Private - special project advances

 

 

200,000

Private promotion fund

 

 

5,000,000

21st century jobs trust fund

 

 

75,000,000

Contingent fund, penalty and interest account

 

 

4,600,000

For Fiscal Year

Ending Sept. 30,

2023

Michigan lighthouse preservation fund

 

$

307,500

Michigan state housing development authority fees and charges

 

 

4,785,600

State brownfield redevelopment fund

 

 

1,175,000

State historic preservation office fees and charges

 

 

200,000

State general fund/general purpose

 

$

90,683,300

(10) MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY

 

 

 

Full-time equated classified positions

273.0

 

 

Housing and rental assistance—FTEs

273.0

$

47,601,600

Michigan state housing development authority technology services and projects

 

 

3,733,800

Payments on behalf of tenants

 

 

166,860,000

Property management

 

 

3,503,000

GROSS APPROPRIATION

 

$

221,698,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HUD, lower income housing assistance

 

 

166,860,000

Special revenue funds:

 

 

 

Michigan state housing development authority fees and charges

 

 

54,838,400

State general fund/general purpose

 

$

0

(11) STATE LAND BANK AUTHORITY

 

 

 

Full-time equated classified positions

9.0

 

 

State land bank authority—FTEs

9.0

$

4,377,800

GROSS APPROPRIATION

 

$

4,377,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

1,000,000

Special revenue funds:

 

 

 

Land bank fast track fund

 

 

3,377,800

State general fund/general purpose

 

$

0

(12) ONE-TIME APPROPRIATIONS

 

 

 

Academic research building

 

$

100,000,000

ARP - Nonprofit relief grants

 

 

50,000,000

Arts and cultural program

 

 

2,000,000

Blight elimination program

 

 

75,000,000

Cancer institute project

 

 

100,000,000

Economic development and workforce grants

 

 

251,475,000

Electric vehicle teaching, training, and development center

 

 

130,000,000

Focus: HOPE

 

 

1,000,000

Michigan community development financial institution fund grants

 

 

75,000,000

Michigan enhancement grants

 

 

205,299,500

Michigan infrastructure grants

 

 

212,800,000

Office of global Michigan language access plans

 

 

700,000

Seawall project

 

 

1,000,000

State historic preservation office grant program

 

 

750,000

GROSS APPROPRIATION

 

$

1,205,024,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

50,000,000

State historic preservation, national park service grants

 

 

750,000

State general fund/general purpose

 

$

1,154,274,500

 


 

part 2

provisions concerning appropriations

for fiscal year 2022-2023

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 2022-2023 is $6,176,476,400.00 and state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is $2,651,081,100.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF STATE

 

 

 

Fees to local units

 

$

40,000

Motorcycle safety grants

 

 

1,377,200

Subtotal

 

$

1,417,200

DEPARTMENT OF TREASURY

 

 

 

Airport parking distribution pursuant to section 909

 

$

27,000,000

City, village, and township revenue sharing

 

 

282,219,900

Commercial forest reserve

 

 

3,368,100

Constitutional state general revenue sharing grants

 

 

1,036,594,900

Convention facility development fund distribution

 

 

118,590,700

County incentive program

 

 

43,488,100

County revenue sharing payments

 

 

202,318,200

Emergency 9-1-1 payments

 

 

26,000,000

Financially distressed cities, villages, or townships

 

 

2,500,000

Health and safety fund grants

 

 

1,500,000

Local unit municipal pension principal payment grant

 

 

750,000,000

Recreational marihuana grants

 

 

50,580,000

Purchased lands

 

 

9,971,100

Senior citizen cooperative housing tax exemption

 

 

11,421,800

Swamp and tax reverted lands

 

 

16,836,200

Subtotal

 

$

2,582,389,000

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

 

 

 

Going pro

 

$

55,000,000

Workforce development programs

 

 

10,999,900

Michigan rehabilitation services

 

 

275,000

Arts and cultural program

 

 

1,000,000

Subtotal

 

$

67,274,900

TOTAL

 

$

2,651,081,100

(2) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 2022-2023 is estimated at $44,065,483,600.00 in the 2022-2023 appropriations acts and total state spending from state sources paid to local units of government for fiscal year 2022-2023 is estimated at $23,691,884,100.00. The state-local proportion is estimated at 54.0% of total state spending from state sources.

(3) If payments to local units of government and state spending from state sources for fiscal year 2022-2023 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 2022-2023 to the senate and house of representatives standing committees on appropriations within 30 days after the final book-closing for fiscal year 2022-2023.

 

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) “ATM” means automated teller machine.

(b) “COBRA” means the consolidated omnibus budget reconciliation act of 1985, Public Law 99-272.

(c) “DAG” means the United States Department of Agriculture.

(d) “DED” means the United States Department of Education.

(e) “DED-OESE” means the DED Office of Elementary and Secondary Education.

(f) “DED-OPSE” means the DED Office of Postsecondary Education.

(g) “DED-OVAE” means the DED Office of Career, Technical, and Adult Education.

(h) “DOE-OEERE” means the United States Department of Energy, Office of Energy Efficiency and Renewable Energy.

(i) “DOL” means the United States Department of Labor.

(j) “DOL-ETA” means the United States Department of Labor, Employment and Training Administration.

(k) “EEOC” means the United States Equal Employment Opportunity Commission.

(l) “FTE” means full-time equated.

(m) “Fund”, unless the context clearly implies a different meaning, means the Michigan strategic fund.

(n) “GEAR-UP” means gaining early awareness and readiness for undergraduate programs.

(o) “GED” means a general educational development certificate.

(p) “GF/GP” means general fund/general purpose.

(q) “HHS” means the United States Department of Health and Human Services.

(r) “HHS-OS” means the HHS Office of the Secretary.

(s) “HHS-SSA” means the Social Security Administration.

(t) “HUD” means the United States Department of Housing and Urban Development.

(u) “HUD-CPD” means the United States Department of Housing and Urban Development - Community Planning and Development.

(v) “IDG” means interdepartmental grant.

(w) “JCOS” means the joint capital outlay subcommittee.

(x) “MAIN” means the Michigan administrative information network.

(y) “MCL” means the Michigan Compiled Laws.

(z) “MDE” means the Michigan department of education.

(aa) “MDEGLE” means the Michigan department of environment, Great Lakes, and energy.

(bb) “MDHHS” means the Michigan department of health and human services.

(cc) “MDLARA” means the Michigan department of licensing and regulatory affairs.

(dd) “MDLEO” means the Michigan department of labor and economic opportunity.

(ee) “MDMVA” means the Michigan department of military and veterans affairs.

(ff) “MDOT” means the Michigan department of transportation.

(gg) “MDSP” means the Michigan department of state police.

(hh) “MDTMB” means the Michigan department of technology, management, and budget.

(ii) “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.

(jj) “MEGA” means the Michigan economic growth authority.

(kk) “MFA” means the Michigan finance authority.

(ll) “MPE” means the Michigan public employees.

(mm) “MSF” means the Michigan strategic fund.

(nn) “MSHDA” means the Michigan state housing development authority.

(oo) “NERE” means nonexclusively represented employees.

(pp) “NFAH-NEA” means the National Foundation of the Arts and the Humanities - National Endowment for the Arts.

(qq) “PA” means public act.

(rr) “PATH” means Partnership. Accountability. Training. Hope.

(ss) “RFP” means a request for a proposal.

(tt) “SEIU” means Service Employees International Union.

(uu) “SIGMA” means statewide integrated governmental management applications.

(vv) “WDA” means the workforce development agency.

(ww) “WIC” means women, infants, and children.

 

Sec. 204. From the funds appropriated in part 1, the departments and agencies shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement, and it shall include placement of reports on an internet site.

 

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply:

(a) The 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.

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

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

 

Sec. 206. The department and agencies shall not take disciplinary action against an employee of the department or an agency within the department who is in the state classified civil service because the employee communicates with a member of the senate or house or a member’s staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

 

Sec. 207. The department and agencies shall prepare a report on outofstate 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 or agency’s budget. The report shall be submitted to the house and senate appropriations committees, the house and senate 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 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 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:

 

2021

2022

2023

Michigan personal income (millions)

$558,411

$560,644

$587,555

less: transfer payments

148,112

123,085

125,049

Subtotal

$410,299

$437,559

$462,506

Divided by: Detroit Consumer Price

 

 

 

Index for 12 months ending December 31

2.478

2.593

2.657

Equals: real adjusted Michigan

 

 

 

personal income

$165,573

$168,761

$174,082

Percentage change

N/A

1.9%

2.0%

Growth rate in excess of 2%?

0.4%

N/A

2.0%

Equals: countercyclical budget and

 

 

 

economic stabilization fund pay-in

 

 

 

calculation for the fiscal year ending

 

 

 

September 30, 2023 (millions)

N/A

$51.8

NO

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, 2022 (millions)

N/A

NO

NO

(2) Notwithstanding subsection (1), there is appropriated for the fiscal year ending September 30, 2023, 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 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 departments and agencies receiving appropriations in part 1 shall provide to the state budget office information sufficient 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 on general government, 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 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. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, 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. 216. (1) On a quarterly basis, the departments and agencies receiving appropriations in part 1 shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on general government, and the senate and house fiscal agencies the following information:

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

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

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

(a) Number of employees who were engaged in remote work in 2022.

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

(c) Estimated net cost savings achieved by remote work.

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

 

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

 

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this part and part 1, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this part and part 1 for the particular department, board, commission, officer, or institution.

 

Sec. 219. 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. 220. The departments and agencies receiving appropriations in part 1 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. 221. 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. 222. (1) From the funds appropriated in part 1, the departments and agencies shall do all of the following:

(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 any amounts of severance pay for a department director, deputy director, or other high-ranking department officials not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

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

(c) By February 1, report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget director on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 223. It is the intent of the legislature that departments and agencies maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 shall post its in-person, remote, or hybrid work policy on its website.

 

Sec. 224. 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. 225. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local unit of government that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objections to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

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 this state through that source by 10% or greater.

 

Sec. 240. (1) Concurrently with the submission of the fiscal year 2023-2024 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 1 of the current fiscal year, 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.

(3) By September 30 of the next fiscal year, 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. It is the intent of the legislature that the governor consider the estimated performance of the new program or program enhancement as the basis for any increase in funds appropriated from the prior year.

 

DEPARTMENT OF ATTORNEY GENERAL

Sec. 301. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $750,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $750,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 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. 302a. It is the intent of the legislature that the funds appropriated in part 1 are allocated for the attorney general to fulfill her role of upholding and enforcing any and all state and federal laws.

 

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 of the law of this state and 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. 306a. Any proceeds from a lawsuit initiated by or settlement agreement entered into on behalf of this state by the attorney general may not be expended for either criminal prosecution or litigation unless appropriated by the legislature.

 

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 $500,000.00 from litigation expense reimbursements awarded to this 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 this 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) Except as allowed under subsection (2), funds appropriated in this section must not be expended for either criminal prosecution or litigation.

(4) 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 $564,100.00 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 this 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) and 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. 309a. Not later than March 1, the department of attorney general must report to the house and senate appropriations subcommittees with jurisdiction over the budget of the department of corrections and the house and senate fiscal agencies the total amount of reimbursements received under section 6 of the state correctional facility reimbursement act, 1935 PA 253, MCL 800.406, the amount paid to conduct the investigations from these reimbursements, and the amount credited to the general fund from these reimbursements.

 

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 this 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. 313. The department of attorney general must submit a quarterly report to the house and senate standing committees on appropriations, the house and senate appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget office, regarding the lawsuit settlement proceeds fund that includes all of the following:

(a) The total amount of revenue deposited into the lawsuit settlement proceeds fund in the current fiscal year delineated by case.

(b) The total amount appropriated from the lawsuit settlement proceeds fund in the current fiscal year delineated by appropriation.

(c) Earned settlement proceeds that are anticipated but not yet deposited into the fund delineated by case.

(d) Any known potential settlement amounts from cases that have not been decided, delineated by case.

 

Sec. 314. (1) The department may spend the funds appropriated in part 1 from the lawsuit settlement proceeds fund for the costs of all associated expenses related to the declaration of emergency due to drinking water contamination up to $2,667,100.00.

(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. 315. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are $17,285,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $10,494,300.00. Total agency appropriations for retiree health care legacy costs are estimated at $6,790,800.00.

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, 2023, funds appropriated in part 1 shall only be used for the testing of those kits.

(4) Appropriations in part 1 for sexual assault law enforcement shall not be expended until all existing work project authorization available for the same purposes is exhausted.

 

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.

 

Sec. 319. From the funds appropriated in part 1, the attorney general shall provide a quarterly report on the wrongful imprisonment compensation fund to the chairpersons of the appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director. The report shall include at least the following:

(a) All payments made from the wrongful imprisonment fund in each prior quarter of the fiscal year, and the total of those payments, including if each payment is part of a new settlement or part of an installment plan.

(b) Total payments made from each prior fiscal year and the total of all payments to date.

(c) Any settlements that have been decided but have yet to receive a payment.

(d) The number of known cases seeking a settlement, but do not have a final judgment, and the dollar amount of each potential payment for these known cases, and the total of these payments.

(e) The balance of the wrongful imprisonment fund at the end of the previous quarter.

 

Sec. 320. From the funds appropriated in part 1, the department of attorney general shall do all of the following:

(a) Notify the appropriation chairs and fiscal agencies of all lawsuit settlements with a fiscal impact of $200,000.00 or more no later than 10 days after a settlement is reached.

(b) Enforce the laws of this state.

 

Sec. 321. Upon entering into a lawsuit against the federal government, either on this state’s own accord or accompanied by other states, the department of attorney general must submit a written report of the lawsuit filing to the chairpersons of the house and senate appropriations subcommittees on general government. The report must describe the purpose of the lawsuit and include an estimate of all financial costs to this state for participating in the legal action.

 

Sec. 322. (1) The department must provide a quarterly report to the chairpersons of the appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget director on the cumulative dollar expenditure amount related to each of the following department initiatives and activities for the current fiscal year:

(a) Catholic church investigation.

(b) Elder abuse task force.

(c) Conviction integrity unit.

(d) Opioid litigation.

(e) Hate crimes unit.

(f) Payroll fraud enforcement unit.

(g) PFAS contamination. As used in this subdivision, “PFAS” means perfluoroalkyl and polyfluoroalkyl substances.

(h) Human trafficking.

(i) Robocall enforcement.

(2) For each expenditure required to be reported under subsection (1), the report must include the dollar amount spent by line item appropriation and fund source.

 

Sec. 324. Not later than September 30, the department of attorney general must make available to the public on its website a report on the activities and findings, since April 1, 2019, of the payroll fraud enforcement unit. Information in the report must include, but is not limited to, a listing of each complaint received by the unit, what enforcement action, if any, was taken, and what complaints were not subject to any action being taken by the department. The report must also be submitted to the house and senate appropriations committees, the house and senate appropriations subcommittees on general government, the state budget office, and the house and senate fiscal agencies. In the event the payroll fraud enforcement unit requests another department or agency investigate the validity of a report received, or if they refer a complaint to another department or agency, the department of attorney general shall request those departments or agencies to report back on their findings so that the department of attorney general can comply with this section.

 

ONE-TIME APPROPRIATIONS

Sec. 330. From the funds appropriated in part 1 for job court, the department of attorney general is authorized to hire 5.0 limited-term employees.

 

Sec. 331. (1) From the funds appropriated in part 1 for organized retail crime unit, the department of attorney general may hire 6.5 limited-term employees to develop an organized retail crime unit, with the intent that the unit be self-sufficient and fully funded with restricted fund dollars rather than general fund dollars within 3 years.

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

(a) The purpose of the project is to develop an organized retail crime unit, with the intent that the unit be self-sufficient and fully funded with restricted fund dollars rather than general fund dollars within 3 years.

(b) The project will be accomplished by using state employees.

(c) The estimated cost of the project is $3,500,000.00.

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

 

DEPARTMENT OF CIVIL RIGHTS

Sec. 401. (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 authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $375,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 402. (1) In addition to the appropriations contained in part 1, the department of civil rights may receive and expend funds from local and private sources, up to a combined total of $200,000.00, 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 and existing 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 units of government.

(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 state budget office, 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, 2023 are $2,291,000.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $1,390,000.00. Total agency appropriations for retiree health care legacy costs are estimated at $900,100.00.

 

Sec. 411. (1) From the funds appropriated in part 1 for museums support, $500,000.00 shall directly be awarded to support an Arab-American museum located in a county with a population over 1,300,000 and in a city with a population of between 105,000 and 115,000, according to the most recent federal decennial census.

(2) From the funds appropriated in part 1 for museums support, $500,000.00 shall directly be awarded to an African-American museum in a city with a population greater than 600,000, according to the most recent federal decennial census.

(3) From the funds appropriated in part 1 for museums support, $500,000.00 shall directly be awarded to support a memorial center in a county with a population of between 1,200,000 and 1,300,000 and in a city with a population of between 83,000 and 84,000, according to the most recent federal decennial census.

 

ONE-TIME APPROPRIATIONS

Sec. 420. (1) From the one-time funds appropriated in part 1 for complaint investigation and enforcement, the department of civil rights shall expand complaint investigation and enforcement activities to eliminate an ongoing backlog of housing, employment, law enforcement, public accommodation, and education cases.

(2) From the one-time funds appropriated in part 1, the department of civil rights may hire an additional 25.0 limited-term employees to address the backlog of cases.

(3) Unexpended funds appropriated in part 1 for complaint investigation and enforcement are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to eliminate a backlog of complaint investigation and enforcement cases.

(b) The project will be accomplished by hiring up to 25.0 limited-term employees.

(c) The estimated cost of this project is $3,151,900.00.

(d) The tentative completion date for the work project is September 30, 2024.

 

Sec. 421. From the funds appropriated in part 1 for an Indian Boarding School study, a statewide study will be performed to research the number of Native American children forced to attend boarding schools in this state, the number of children who were abused, died, or went missing while at these schools, and the long-term impacts on these children and the families of children forced to attend these schools. The funds should be used to locate, analyze, and preserve records and should work in concert, when appropriate, with the Federal Indian Boarding School Initiative. The funds should also be used to interview boarding school survivors, their family members, and a broad cross-section of Michigan tribal representatives and experts specializing in duration, health, and children and families with the purpose of fully understanding the impacts of policies of Native American child removal. The study should finish no later than January 30, 2024 and shall provide a final report on findings and recommendations to be shared with the public and this state. The department of civil rights may contract with a university or other entity to carry out this section.

 

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 Binsfeld Office Building.

 

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, 2027.

 

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, 2027.

 

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, 2027.

 

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. 615. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are $27,555,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $16,729,700.00. Total agency appropriations for retiree health care legacy costs are estimated at $10,825,400.00.

 

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 executive, judicial, and legislative branches.

 

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 office of the 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 Operations Manual Policy No. 2-26, 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. Subject to the same duty of confidentiality imposed by law on the entity providing the confidential information, the auditor general shall not be denied access to examine confidential information of any branch, department, office, board, commission, agency, authority, or institution of this state.

 

Sec. 627. The unexpended funds appropriated in part 1 for field operations are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to conduct the state of Michigan annual comprehensive financial report.

(b) The project will be accomplished by utilizing state employees and contract audits.

(c) The total estimated cost of the project is $3,000,000.00.

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

 

DEPARTMENT OF STATE

Sec. 701. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $25,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 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 state budget office, 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. 703a. The secretary of state may contract for the sale of lists of driver and motor vehicle records and other records maintained under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, in bulk, in addition to those lists distributed at cost or no cost under this section for purposes permitted by and described in section 208c(3) of the Michigan vehicle code, 1949 PA 300, MCL 257.208c. The secretary of state shall require each purchaser of records in bulk to execute a written purchase contract. The secretary of state may affix a cost for the sale of those lists or other records maintained in bulk, not to exceed a cost of $35.00 per 1,000 records requested, which may include personal information.

 

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 Michigan 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, of a de minimus value, 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, but may accept donations of motorcycles for use for motorcycle safety training and testing. 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. With funds appropriated in part 1 for branch operations, the department of state shall provide adequate in-person services as defined in section 1a of the Michigan vehicle code, 1949 PA 300, MCL 257.1a.

 

Sec. 719. The department of state shall provide a report by February 1 to the speaker of the house, the senate majority leader, the house and senate appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget office on reimbursements to counties, cities, and townships from the department of state’s election security grant program funded by federal help America vote act of 2002, 52 USC 20901 to 21145, funding. This report shall list the amounts and purpose of reimbursements provided to each grantee as determined by receipts received by the department of state from grantees and the total amount of reimbursements received by each grantee.

 

Sec. 720. With funds appropriated in part 1 for election administration and services, except for when the secretary of state is exercising supervisory authority over the administration of local elections under applicable state law, before sending any election-related mailing to 20% or more of the registered electors in a voting precinct, the secretary of state must notify the speaker of the house, the senate majority leader, and each county, city, and township clerk responsible for administering elections in the precincts where the mailing is planned to be sent and must submit a copy of the planned mailing not later than 14 days before sending the mailing.

 

Sec. 720a. Not later than February 1, the secretary of state shall submit a report to the general government appropriations subcommittees and state budget office that contains all of the following:

(a) The total number of electors to whom the secretary of state mailed a notice under section 509aa(5) of the Michigan election law, 1954 PA 116, MCL 168.509aa.

(b) The total number of electors who corrected their voter registration records after being mailed a notice by the secretary of state under section 509aa(5) of the Michigan election law, 1954 PA 116, MCL 168.509aa.

(c) The number of possible improper votes cast by an elector at the preceding primary election referred to law enforcement by the secretary of state.

(d) The number of possible improper votes cast by an elector at the preceding general election referred to law enforcement by the secretary of state.

 

Sec. 722. From the funds appropriated in part 1, the department of state shall provide an expense report of CARS. The report shall include, but is not limited to, itemized expenditures made on behalf of CARS by fund source in the prior fiscal year and projected expenditures to be made on behalf of CARS in the current fiscal year and the next fiscal year. The report shall be distributed to the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director by February 1. As used in this section, “CARS” means the customer and automotive records system.

Sec. 722a. (1) From the funds appropriated in part 1, the department of state shall provide a report by December 1 describing the progress made on updating MERTS and on contracting with a vendor to modernize or replace the department of state’s current automated election system. The report must be submitted to the house of representatives and senate appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget office. The report must include all of the following:

(a) A timeline for completion of the modernization or replacement of MERTS.

(b) Dates of full implementation of the updated or new system and any phased rollout of implementation of the system.

(c) Anticipated costs of the project in the current fiscal year and projected costs in subsequent fiscal years.

(2) As used in this section, “MERTS” means the Michigan electronic reporting and tracking system.

 

Sec. 723. The funds appropriated in part 1 for the county clerk education and training fund shall be used only for costs associated with the training of local clerks in preparation for elections. The department of state shall not allocate any funds appropriated for county clerk education and training for any other purposes.

 

Sec. 725. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $28,229,500.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $17,139,000.00. Total agency appropriations for retiree health care legacy costs are estimated at $11,090,500.00.

 

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 $2,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $4,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $75,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 802. Proceeds in excess of necessary costs incurred in the conduct of transfers or auctions of state surplus, salvage, or scrap property made pursuant to section 267 of the management and budget act, 1984 PA 431, MCL 18.1267, are appropriated to the department to offset costs incurred in the acquisition and distribution of surplus property. The MDTMB shall provide consolidated internet auction services through this 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, engineering, and project oversight services provided specifically to other principal executive departments or state agencies, the legislative branch, the judicial branch, universities, community colleges, or private tenants.

(3) The 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.

(5) Fee revenue collected by the MDTMB from user fees under subsections (1) to (4) shall be carried forward and shall not lapse to the general fund at the close of the fiscal year.

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 department. Funds shall be used as specified in joint labor/management agreements or through the coordinated compensation hearings process. Any deposits made under this subsection and any unencumbered funds are restricted revenues, may be carried over into the succeeding fiscal years, and are appropriated.

(2) In addition to the funds appropriated in part 1 for statewide appropriations, the 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 MDTMB.

 

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 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 for 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 $250,000.00 for computer software development, hardware acquisition, or quality assurance.

 

Sec. 810. From the funds appropriated in part 1, MDTMB shall maintain an internet website that contains notice of all solicitations, invitations for bids, and requests for proposals over $50,000.00 issued by MDTMB or by any state agency operating under delegated authority, except for solicitations up to $500,000.00 in accordance with department policy regarding providing opportunities to Michigan small businesses, geographically disadvantaged business enterprises, Michigan veteran-owned businesses, Michigan service disabled veteran-owned businesses, or Michigan recognized community rehabilitation organizations, or in situations where it would be in the best interest of this state and documented by MDTMB. This information must appear on the first page of each department or state agency dashboard. MDTMB shall not set the due date for acceptance of an invitation for bid or request for proposal to less than 14 days after the notice is made available on the internet website, except in situations where it would be in the best interest of this state and documented by the department. In addition to the requirements of this section, MDTMB may advertise the solicitations, invitations for bids, and requests for proposals in any manner MDTMB determines appropriate, in order to give the greatest number of individuals and businesses the opportunity to respond, or make bids or requests for proposals.

 

Sec. 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 email, 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, 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 this state’s cyber security framework, and to achieve efficiencies.

 

Sec. 816. An RFP issued for the purpose of privatization shall include a list of factors to be 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 this state that are available for purchase. The list shall be posted on the internet through the MDTMB’s website.

 

Sec. 821. (1) From the funds appropriated in part 1, the office of retirement services within MDTMB must produce an annual report by September 30 on the judges’ retirement system, the military retirement system, the Michigan public school employees’ retirement system, the state employees’ retirement system, and the state police retirement system. The report shall be distributed to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget office.

(2) The report must include, but is not limited to, the following information for each of the aforementioned retirement systems:

(a) A chart and table detailing annual required contribution flow per year for fiscal year 2023-2024 and the subsequent 24 fiscal years.

(b) Separate annual required contribution payment charts and tables for pension and other postemployment benefits.

(c) Separate annual required contribution payment charts and tables by normal cost and unfunded actuarial accrued liability.

(d) A justification if the payroll growth assumption is maintained at or above 0% for any pension or OPEB plan. The report must include an analysis as of active employee plan member forecasts.

(3) The report must include the following items specific to the Michigan public school employees’ retirement system:

(a) A copy of the retirement plan election guide that is provided to new Michigan public school employees’ retirement system hires as of the due date of the report.

(b) The number of new Michigan public school employees’ retirement system employees who entered the defined contribution plan and pension plus II plan during no later than 14 days after the end of the current fiscal year.

(c) An explanation of how the retirement plan election guide explains that pension plus II members must pay 50% of any future unfunded actuarial accrued liability payments.

(d) An explanation of how the retirement plan election guide explains that defined contribution plan members have annuity options that allow for guaranteed retirement income available through a private insurance company.

(e) If any calculations are provided to plan members for expected retirement income, then the following items must be included:

(i) An explanation of how the retirement plan election guide demonstrates a range of potential outcomes.

(ii) The underlying assumptions the retirement plan election guide uses to calculate expected future retirement income.

(iii) How underlying assumptions are disclosed in the guide.

(4) The report must include the amount of money that each school district received, on a per pupil basis, in foundation allowances that was spent on Michigan public school employees’ retirement system costs in the previous fiscal year.

(5) Beginning at the end of the fiscal year, the office of retirement services has 90 days to post the most recent year’s comprehensive annual financial report for each plan described in subsection (1).

 

Sec. 822. The department shall compile a report by January 1 pertaining to the salaries of unclassified employees, and gubernatorial appointees, within all state departments and agencies. The report shall enumerate each unclassified employee and gubernatorial appointee and his or her annual salary rounded to the nearest thousand dollars. The report shall be distributed to the chairs of the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director and be made available electronically.

 

Sec. 822c. The funds appropriated in part 1 shall not be used to support any staff effort, projects, consultant expenses, or any other activity related to the development, financing, construction, operation, or implementation of the Gordie Howe International Crossing or any successor project unless the project is approved by the legislature and signed into law.

 

Sec. 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 the current fiscal year. The report shall also identify changes from fees and rates charged in the prior fiscal year 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, 2023 are estimated at $77,148,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $46,839,100.00. Total agency appropriations for retiree health care legacy costs are estimated at $30,309,200.00.

 

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. (1) From the funds appropriated in part 1, the MDTMB shall maintain a system that collaborates with other departments to keep track of the performance of vendors in fulfilling contract obligations. The performance of these vendors shall be recorded and used as a factor to determine future contracts awarded in the procurement process.

(2) By March 15 the MDTMB shall provide a complete listing of all state departments and agencies that have not complied with the requirements of this section by March 1. The report listing noncompliant state departments and agencies shall be submitted no later than March 15 to the chairpersons of the house and senate appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget director.

 

Sec. 822n. From the funds appropriated in part 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.

 

Sec. 822o. From the funds appropriated in part 1 for administrative services, not more than $1,000,000.00 shall be expended to implement the economic development incentive evaluation act, 2018 PA 540, MCL 18.1751 to 18.1759.

 

Sec. 822p. From the funds appropriated in part 1 for business support services, not more than an additional $300,000.00 shall be used to continue a comprehensive supplier risk and information subscription used for the precontract risk assessment program established by funding provided in 2017 PA 107.

 

INFORMATION TECHNOLOGY

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 31, 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 office 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) Cloud services support and management, including, but not limited to, infrastructure as a service, platform as a service, and software as a service.

(g) Local area network support and management, including, but not limited to, wired and wireless network build-out, support, and management.

(h) Information technology project management.

(i) Information technology procurement and contract management.

(j) Telecommunication services, infrastructure, and support.

Sec. 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.

(4) The department must provide a report to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget office by April 15, indicating the amount of revenue collected under this section and expended for support and maintenance of the Michigan public safety communication system for the immediately preceding 6-month period. Any deposits made under this section and unencumbered funds are restricted revenues and shall be carried forward into succeeding fiscal years.

 

Sec. 828. The MDTMB shall submit a report for the first, second, and third fiscal quarters to the senate and house of representatives standing committees on appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget director not later than 45 calendar days after each fiscal quarter. The report shall include the following:

(a) The estimated total amount of funding appropriated for information technology services and projects, by funding source, for all principal executive departments and agencies for each fiscal quarter.

(b) A listing of the expenditures made from the amounts received by the department as reported in subdivision (a).

 

Sec. 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. 831. The MDTMB shall submit monthly invoices for information technology services provided by MDTMB either directly or through contracted vendors during that month to departments or agencies by no later than 45 days after receiving approval to pay vendor invoices from departments and agencies for the information technology services provided.

 

Sec. 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 MDTMB 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 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 MDTMB. 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 office by March 1 that provides the amount of revenue collected by the MDTMB from the authorization in subsection (1) and the amount of revenue carried forward.

 

Sec. 837. All information technology projects funded by appropriations in part 1 must utilize information technology project management best practices and services as defined or recommended by the enterprise portfolio management office of MDTMB and comply with the requirements of the state unified information technology environment methodology as it applies to all information technology project management processes.

 

Sec. 838. Any new request for proposals or other arrangements for the installation of solar energy projects, or the purchase of solar energy through utility voluntary green pricing programs authorized by the Michigan public service commission, for use at state-owned or leased facilities may consider the value of the lifecycle carbon emissions in the manufacturing of the solar equipment as part of the selection process. Information requested through bidding processes and standards for the independent measurement and verification of lifecycle carbon emissions such as the global electronics council’s electronic product environmental assessment tool may be used to assist in this evaluation. No later than June 30, 2023, MDTMB shall report to the legislature on implementation of this section.

 

Sec. 840. From the funds appropriated in part 1 for enterprise identity management, the MDTMB shall utilize specific outcomes and performance measures, including, but not limited to, the following:

(a) Implement enhanced IT project management service delivery through statewide application of best practice models and services.

(b) Collaborate with state agencies to bring all project management and project control office contracts under the enterprise portfolio management office.

(c) Initiate steps to improve the state unified information technology environment compliance rating.

 

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 this 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 875 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) “State agency” means an agency of state government. State agency does not include a community college or university.

(f) “State building authority” means the authority created under 1964 PA 183, MCL 830.411 to 830.425.

(g) “University” means a 4-year university supported by this 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 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 department 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. 863. (1) If the director proposes to rent space or a facility for which the annual base cost of the proposed rent is more than $500,000.00, approval of the joint capital outlay subcommittee is required before board approval.

(2) In emergency situations, written notification to the committee within 5 days after executing the agreement is required.

(3) The renewal of an existing rental agreement requires the approval of the joint capital outlay subcommittee if the renewal results in changes to the rent that would cause it to meet the requirements described in subsection (1).

Sec. 863a. MDTMB shall work with all state departments and agencies to evaluate their current office building and space usage to identify any projected changes for the current and next fiscal years. MDTMB shall report the following information to the senate and house appropriations committees, the senate and house appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director by May  1:

(a) Projected changes in state-owned property being utilized by each department and agency for the current and next fiscal years.

(b) Projected changes to leased property being utilized by each department and agency for the current and next fiscal years.

(c) A comparative analysis of 2019 occupancy levels to expected levels for the current and next fiscal years.

(d) All of the following information for the immediately preceding fiscal year:

(i) A list of expenditures related to space optimization as a result of remote work, including costs associated with divesting state-owned property and vacating leased facilities.

(ii) Net savings as a result of property divestment or vacated leased facilities.

(iii) A description of each divested property or location of each vacated leased facility.

 

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 department. As used in this section, “economic development sites” means those state-owned sites declared as surplus property pursuant to section 251 of the management and budget act, 1984 PA 431, MCL 18.1251, that would provide economic benefit to the area or to this 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).

 

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.

 

ONE-TIME APPROPRIATIONS

Sec. 890. (1) From the funds appropriated in part 1 for software purchasing review, MDTMB shall issue a request for proposal for a commercial off-the-shelf software platform that will allow for a statewide review of software purchasing efficiency and data security for multi-million-dollar software packages used for statewide identity, collaboration, and productivity.

(2) The platform shall be integrated into a single interface for use by an existing network management team at MDTMB and be able to perform all of the following functions:

(a) Support cloud, on-premise, and hybrid configurations of the managed software packages.

(b) Track and optimize software spending on licenses for individual users and monitor and manage license availability, assignment, and usage.

(c) Identify opportunities for cost savings and cost avoidance across all state departments and agencies and empower the department to capture these opportunities manually or automatically.

(d) Identify cost savings ahead of software package renewals or negations in the next 12 months.

(e) Monitor and enforce data security policies in an automated way to reduce misconfigurations and data security vulnerabilities.

 

Sec. 891. From the funds appropriated in part 1 for supply chain technology, MDTMB shall issue a solicitation for a software product that provides real-time visibility platforms for complex supply chains provided by a vendor based in this state. Vendors shall demonstrate experience providing a cloud-based logistics platform with the ability to track, monitor, report, and aggregate logistics data among several delivery and logistics entities.

 

DEPARTMENT OF TREASURY

OPERATIONS

Sec. 901. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 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 this 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 this 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 this state pursuant to 1961 PA 112, MCL 388.981 to 388.985.

 

Sec. 902a. As a condition of receiving appropriations in part 1, 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 director not more than 30 days after a refunding or restructuring bond issue is sold. The notification shall compare the annual debt service prior to the refinancing or restructuring, the annual debt service after the refinancing or restructuring, the change in the principal and interest over the duration of the debt, and the projected change in the present value of the debt service due to the refinancing and restructuring.

 

Sec. 902b. As a condition of receiving appropriations in part 1, the department of treasury shall report not later than 30 days after the state of Michigan comprehensive annual financial report is published to the chairpersons of the senate and house of representatives appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget director on all funds that are controlled or administered by the department and not appropriated in part 1. This notification can be completed electronically and the department of treasury must notify the recipients when the report is publicly available. Both the current and any previous reports required under this section shall be saved and publicly available on the department of treasury public internet website and stored in a common location with all other statutory and boilerplate required reports. The link to the location of the reports shall be clearly indicated on the main page of the department of treasury internet website. The report shall include all of the following information:

(a) The starting balance for each fund from the previous fiscal year.

(b) Total revenue generated by both transfers in and investments for each fund in the previous fiscal year.

(c) Total expenditures for each fund in the previous fiscal year.

(d) The ending balance for each fund for the previous fiscal year.

 

Sec. 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, or to a city for which the department has entered into an agreement to provide tax administration services. 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, including infrastructure, 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, or to a city for which the department has entered into an agreement to provide tax administrative services, 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.

(4) As a condition of receiving funds appropriated in part 1 for collection services, the department of treasury shall issue an RFP for secondary placement collection services if RFPs are issued for primary collection services. The RFP shall allow for a multiple collection contract approach. It shall also allow a bidder to bid on the entire contract, or for individual components of the contract.

Sec. 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 director concerning the performance of each portfolio by investment advisor.

(3) The department shall provide a report to the house and senate chairpersons of the relevant subcommittees, the house and senate fiscal agencies, and the state budget director by November 30 of each year identifying the service fees assessed against each retirement system under subsection (1) and the methodology used for assessment.

 

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 for the home heating assistance program is to cover the costs, including data processing, of administering federal home heating credits to eligible claimants and to administer the supplemental fuel cost payment program for eligible tax credit and welfare recipients.

 

Sec. 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(3) of 1976 IL 1, MCL 445.573c, is appropriated.

Sec. 911. (1) There is appropriated an amount sufficient to recognize and pay refundable tax credits, tax refunds, and interest as provided by law.

(2) The appropriations under subsection (1) shall be funded by restricting tax revenue in an amount sufficient to record these expenditures.

 

Sec. 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 citizen 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 director. 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 2021. 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 0.5 cents per record. The revenue received from this service shall be deposited to the appropriate revenue account or fund. The department of treasury 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) and an explanation for each write-off or advance that occurred.

 

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. From the funds appropriated in part 1, the department of treasury shall produce a listing of all personal property tax reimbursement payments to be distributed in the current fiscal year by the local community stabilization authority and shall post the list of payments on the department website by June 30.

 

Sec. 921. From the funds appropriated in part 1, the department shall notify all members of the Michigan legislature on any revenue administrative bulletins, administrative rules involving tax administration or collection, or notices interpreting changes in law. The notification shall be issued the same day it is posted and shall include at least the following:

(a) A summary of the proposed changes from current procedures.

(b) Identification of potential industries that will be affected by the bulletin, notice, or rule.

(c) A discussion of the potential fiscal implications of the bulletin, notice, or rule. This subdivision does not apply to a bulletin, notice, or rule that is a routine update of a tax or interest rate required by statute.

(d) A summary of the reason for the proposed changes.

 

Sec. 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. 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 essential service assessment audits. The report shall include the number of audits, revenue generated, and number of complaints received by the department of treasury related to the audits.

 

Sec. 928. The department of treasury may provide receipt, check and cash processing, data, collection, investment, fiscal agent, levy and check cost assessment, writ of garnishment, and other user services on a contractual basis for other principal executive departments and state agencies. Funds for the services provided are appropriated and shall be expended for salaries and wages, fees, supplies, and equipment necessary to provide the services. Any unobligated balance of the funds received shall revert to the general fund of this state as of September 30.

 

Sec. 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, or to a city for which the department has entered into an agreement to provide tax administration services. 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. 937. As a condition of receiving funds 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 of treasury’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. 941. (1) From the funds appropriated in part 1, the department of treasury, in conjunction with the Michigan strategic fund, shall report to the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by November 1 on the annual cost of the Michigan economic growth authority tax credits. The report shall include for each year the board-approved credit amount, adjusted for credit amendments where applicable, and the actual and projected value of tax credits for each year from 1995 to the expiration of the credit program. For years for which credit claims are complete, the report shall include the total of actual certificated credit amounts. For years for which claims are still pending or not yet submitted, the report shall include a combination of actual credits where available and projected credits. Credit projections shall be based on updated estimates of employees, wages, and benefits for eligible companies.

(2) In addition to the report under subsection (1), the department of treasury, in conjunction with the Michigan strategic fund, shall report to the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by November 1 on the annual cost of all other certificated credits by program, for each year until the credits expire or can no longer be collected. The report shall include estimates on the brownfield redevelopment credit, film credits, MEGA photovoltaic technology credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery credit, and other certificated credits.

Sec. 944. From the funds appropriated in part 1, 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. From the funds appropriated in part 1, audits of local unit assessment administration practices, procedures, and records shall be conducted in each assessment jurisdiction a minimum of once every 5 years and in accordance with section 10g of the general property tax act, 1893 PA 206, MCL 211.10g.

 

Sec. 946. Revenue collected in the convention facility development fund is appropriated and shall be distributed under sections 8, 9, and 10 of the state convention facility development act, 1985 PA 106, MCL 207.628, 207.629, and 207.630.

 

Sec. 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, 2023 are $40,613,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $24,657,600.00. Total agency appropriations for retiree health care legacy costs are estimated at $15,955,700.00.

 

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 $1,500,000.00 of the refunds identified as potentially fraudulent and for which payment of the refund is denied. The appropriation to fund fraud prevention efforts is from the fund or account to which the revenues being collected are recorded or dedicated.

(2) The department 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 may expand individual income tax return administration to 1 additional city to leverage the department’s capabilities to assist cities with their taxation efforts.

 

Sec. 949b. Tax capture revenues collected in accordance with written agreements under the good jobs for Michigan program and transferred from the general fund for deposit into the good jobs for Michigan fund, and for both calculated payments from the good jobs for Michigan fund to authorized businesses and distributions to the Michigan strategic fund for administrative expenses, are appropriated pursuant to the provisions of chapter 8D of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090g to 125.2090j.

 

Sec. 949c. From the funds appropriated in part 1, funds shall be expended in coordination with the department of agriculture and rural development to improve the timely processing and issuance of tax credits from the Michigan’s farmland and open space preservation program created under section 36109 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36109, for the Michigan’s farmland and open space preservation program under parts 361 and 362 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101 to 324.36116 and 324.36201 to 324.36207, including, but not limited to:

(a) Timely review of mailed applications and paperwork.

(b) Timely and proactive communications to applicants regarding the status of the applicant’s application.

(c) A clear and understood timeline for the issuance of any tax credits.

Sec. 949d. (1) From the funds appropriated in part 1 for financial review commission, the department of treasury 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 of treasury shall identify specific outcomes and performance measures for this initiative, including, but not limited to, the department of treasury’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 of treasury 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 of treasury 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. Tax capture revenues collected in accordance with written agreements under the employment opportunity program and transferred from the general fund for deposit into the employment opportunity fund, and for both calculated payments from the employment opportunity fund to authorized businesses and distributions to the Michigan strategic fund for administrative expenses, are appropriated pursuant to the provisions of chapter 8F of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090t to 125.2090w.

 

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. 949i. Revenue from the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, is appropriated and distributed pursuant to the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.

 

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 captured revenues due under approved transformational brownfield plans created in the brownfield redevelopment financing act, 1996 PA 381, MCL  125.2651 to 125.2670.

 

Sec. 949l. (1) The transportation administration support fund is created within the department of treasury.

(2) Any unexpended funds in the transportation administration support fund created in this section shall be carried forward and available for expenditure under this section.

(3) Funds may only be spent from the transportation administration support fund upon appropriation, or legislative transfer pursuant to section 393 of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) The state treasurer may receive money or other assets from any source for deposit into the transportation administration support fund. The state treasurer shall direct the investment of the transportation administration support fund. The state treasurer shall credit to the transportation administration support fund interest and earnings from the transportation administration support fund.

(5) Funds in the transportation administration support fund at the close of the fiscal year shall remain in the transportation administration support fund and shall not lapse to the general fund.

(6) Funds appropriated in part 1 for transportation administration support fund must be deposited in the transportation administration support fund created under this section.

Sec. 949m. From the funds appropriated in part 1, the Michigan infrastructure council will plan, conduct, and contract for asset management improvement activities, including, but not limited to, infrastructure data collection activities, asset manager training, development of a 30-year asset management plan for Michigan, assistance in asset management improvement projects including maintaining an asset management portal, and other projects that promote improved asset management for infrastructure in Michigan.

 

Sec. 949n. Any money received as gifts or donations to the fostering futures scholarship trust fund created by the fostering futures scholarship trust fund act, 2008 PA 525, MCL 722.1021 to 722.1031, is appropriated for expenditure for the purposes of the fostering futures scholarship program.

 

Sec. 949r. (1) From the funds appropriated in part 1 for local government programs, the department shall, in partnership with a public university located in this state, develop an information technology strategy that does all of the following:

(a) Identifies opportunities for machine-readable financial disclosures for local units of government.

(b) Uses XBRL.

(c) Allows for local units of government to transition to the strategy if their existing information technology systems are retired or if new software solutions are used for creating and processing integrated data and reporting.

(d) Creates a pilot program for associations representing local units of government and government finance officers to do both of the following:

(i) Review the feasibility of local units of government using XBRL software to file required financial reporting with department of treasury.

(ii) Assist the department in developing the information technology strategy.

(2) The department shall determine the feasibility and cost of implementing the ability to accept XBRL files on the department’s website as a substitute for annual financial reports, form F-65, and form 5572, including any enhancements to current information technology systems that are required to implement the information technology strategy developed under subsection (1).

(3) As used in this section, “XBRL” means extensible business reporting language.

 

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 that received a payment under section 952(1) of 2021 PA 87 is eligible to receive a payment equal to 106.0% of its total eligible payment under section 952(1) of 2021 PA 87, rounded to the nearest dollar. For purposes of this subsection, any city, village, or township that completely merges with another city, village, or township will be treated as a single entity, such that when determining the eligible payment under section 952(1) of 2021 PA 87 for the combined single entity, the amount each of the merging local units of government was eligible to receive under section 952(1) of 2021 PA 87 is summed.

(2) The funds appropriated in part 1 for the county incentive program are to be used for grants to counties such that each county is eligible to receive an amount equal to 20% of the amount determined pursuant to the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. The amount calculated under this subsection shall be adjusted as necessary to reflect partial county fiscal years and prorated based on the total amount appropriated for distribution to all eligible counties. Except as otherwise provided under this subsection, payments under this subsection will be distributed to an eligible county subject to the county’s fulfilling the requirements under subsection (3).

(3) For purposes of accountability and transparency, each eligible city, village, township, or county shall certify by December 1, or the first day of a payment month, that it has produced a citizen’s guide of its most recent local finances, including a recognition of its unfunded liabilities; a performance dashboard; a debt service report containing a detailed listing of its debt service requirements, including, at a minimum, the issuance date, issuance amount, type of debt instrument, a listing of all revenues pledged to finance debt service by debt instrument, and a listing of the annual payment amounts until maturity; and a projected budget report, including, at a minimum, the current fiscal year and a projection for the immediately following fiscal year. The projected budget report shall include revenues and expenditures and an explanation of the assumptions used for the projections. Each eligible city, village, township, or county shall include in any mailing of general information to its citizens the internet website address location for its citizen’s guide, performance dashboard, debt service report, and projected budget report or the physical location where these documents are available for public viewing in the city, village, township, or county clerk’s office. Each city, village, township, and county applying for a payment under this subsection shall submit a copy of the performance dashboard, a copy of the debt service report, and a copy of the projected budget report to the department 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.

(6) Any city, village, or township eligible to receive a payment under subsection (1) and determined to have a retirement pension benefit system in underfunded status under section 5 of the protecting local government retirement and benefits act, 2017 PA 202, MCL 38.2805, must allocate an amount equal to its current year eligible payment under subsection (1) less the sum of its eligible payment for city, village, and township revenue sharing in 2019 PA 56 to its pension unfunded liability. A city, village, or township that has issued a municipal security under section 518 of the revised municipal finance act, 2001 PA 34, MCL 141.2518, is exempt from this requirement.

 

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 113.04552% 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.

(3) Any county eligible to receive a payment under subsection (1) and determined to have a retirement pension benefit system in underfunded status under section 5 of the protecting local government retirement and benefits act, 2017 PA 202, MCL 38.2805, must allocate an amount equal to the sum of its current year eligible payment for county revenue sharing and the county incentive program less the sum of its 2019 PA 56 eligible payment for county revenue sharing and the county incentive program to its pension unfunded liability. A county that has issued a municipal security under section 518 of the revised municipal finance act, 2001 PA 34, MCL 141.2518, is exempt from this requirement.

 

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; or for costs associated with a transition to shared services with another jurisdiction; or to administer other projects that move the city, village, or township toward financial stability. The department 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 director by March 31. The report shall include a list by grant recipient of the date each grant was approved, the amount of the grant, and a description of the project or projects that will be paid by the grant.

(3) The unexpended funds appropriated in part 1 for financially distressed cities, villages, or townships are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to provide assistance to financially distressed cities, villages, and townships under this section.

(b) The projects will be accomplished by grants to cities, villages, and townships approved by the department of treasury.

(c) The total estimated cost of all projects is $2,500,000.00.

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

 

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 432.152, 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 for promotion and advertising.

 

CASINO GAMING

Sec. 971. (1) From the revenue collected by the Michigan gaming control board regarding the total annual assessment of each casino licensee, $2,000,000.00 is appropriated and shall be deposited in the compulsive gaming prevention fund as described in section 12a(5) of the Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL 432.212a.

(2) After the board has incurred the costs of regulating and enforcing internet sports betting, $500,000.00 is appropriated and shall be deposited into the compulsive gaming prevention fund as described in section 16(4) of the lawful sports betting act, 2019 PA 149, MCL 432.416. Following these disbursements, $2,000,000.00 is appropriated and shall be deposited in the first responder presumed coverage fund as described in section 16(4) of the lawful sports betting act, 2019 PA 149, MCL 432.416.

(3) An appropriation of $500,000.00 shall be deposited into the compulsive gaming prevention fund as described in section 16(4) of the lawful internet gaming act, 2019 PA 152, MCL 432.316, except as provided in section 15(2) of the lawful internet gaming act, 2019 PA 152, MCL 432.315, and after the board has incurred the costs of regulating and enforcing internet gaming under the lawful internet gaming act, 2019 PA 152, MCL 432.301 to 432.322, and the costs of administering and enforcing millionaire party activity authorized by the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.152. Following these disbursements, $2,000,000.00 is appropriated and shall be deposited into the first responder presumed coverage fund as described in section 16(4) of the lawful internet gaming act, 2019 PA 152, MCL 432.316.

 

Sec. 972. After all other required expenditures described in section 16(3) of the fantasy contests consumer protection act, 2019 PA 157, MCL 432.516; section 16(4) of the lawful internet gaming act, 2019 PA 152, MCL 432.316; and section 16(4) of the lawful sports betting act, 2019 PA 149, MCL 432.416 are made, any money remaining in the fantasy contest fund, internet gaming fund, and internet sports betting fund are appropriated and shall be deposited into the state school aid fund as described in section 16(3)(b) of the fantasy contests consumer protection act, 2019 PA 157, MCL 432.516; section 16(4) of the lawful internet gaming act, 2019 PA 152, MCL 432.316; and section 16(4) of the lawful sports betting act, 2019 PA 149, MCL 432.416.

 

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 equine development fund, except for the racing commission appropriations, shall be reduced proportionately if revenues to the equine 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 director, and the senate and house fiscal agencies. The Michigan gaming control board shall not be reimbursed for more than the actual regulatory cost of conducting race dates. If a certified horsemen’s organization funds more than the actual regulatory cost, the balance shall remain in the equine 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. From the funds appropriated in part 1 for millionaire party regulation, the Michigan gaming control board may receive and expend internet gaming fund revenue in an amount not to exceed the amount appropriated in part 1 for necessary expenses incurred in the licensing and regulation of millionaire parties under article 2 of the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.132 to 432.152. Any unused internet gaming fund revenues are subject to the distribution requirements in section 16 of the lawful internet gaming act, 2019 PA 152, MCL 432.316. 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 director by March 1. 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 432.152, and any enforcement actions taken.

 

ONE-TIME APPROPRIATIONS

Sec. 979a. (1) From the funds appropriated in part 1 for local unit municipal pension principal payment grant, the department of treasury shall establish and operate a grant program that would provide grant awards to qualified units for deposit into a qualified unit’s qualified retirement system or systems. The grant award payment into the qualified retirement system must be in addition to a qualified unit’s actuarially determined contribution as reported under section 5 of the protecting local government retirement and benefits act, 2017 PA 202, MCL 38.2805, as of December 31, 2021 and must not be used by the qualified unit to meet its actuarially determined contribution for a qualified retirement system or systems.

(2) To qualify for a grant award under this section, a qualified unit must certify and attest via an affidavit that it shall implement all of the following practices upon the receipt of a grant award:

(a) The qualified unit shall make, in full, all actuarially determined contributions. If a qualified unit’s actual contribution is less than the actuarially determined contribution, the qualified unit shall remit an amount equal to the difference to the qualified retirement system within 12 months. If the qualified unit fails to remit this payment within 12 months, the department of treasury may intercept the qualified unit’s revenue sharing payment. For a qualified unit that is a road commission, the department of transportation, in cooperation with the department of treasury, may intercept an available state revenue distribution.

(b) The qualified unit shall not provide contractual benefit enhancements unless the contractual benefit enhancement is 100% prefunded. Failure to meet the conditions of this subdivision requires repayment of the grant award that was received by the qualified unit. The qualified governmental unit shall notify the department of treasury in a form and manner prescribed of any contractual benefit enhancement under this subsection within 30 days.

(c) A qualified retirement system with a discount rate or assumed rate of return less than or equal to 7% must assume a discount rate or assumed rate of return of not more than the current rate. A qualified retirement system with a discount rate or assumed rate of return greater than 7% must lower its discount rate or assumed rate of a return to a rate at or below 7% within the immediately succeeding 5-year period.

(d) The qualified retirement system shall adopt, on the recommendation of the actuary and in accordance with all applicable actuarial standards of practice, the most current mortality tables that are most appropriate for the characteristics of the population, which may subsequently be adjusted based on an experience study of the qualified retirement system.

(e) The qualified unit shall be subject to corrective action plan monitoring by the municipal stability board for 5 years following receipt of any grant award.

(f) Before completing corrective action plan monitoring in a 5-year period, the qualified unit shall comply with the uniform actuarial assumptions of retirement systems, except for the discount rate and assumed rate of return assumptions, published as of December 31, 2021 by the state treasurer under the protecting local government retirement and benefits act, 2017 PA 202, MCL 38.2801 to 38.2812, for the qualified retirement system. A qualified unit, if that unit has, previous to the enactment of this bill, had an amortization schedule approved by an accredited actuary in accordance with all actuarial standards of practice, and if that amortization schedule has been reviewed and approved by the state treasurer, is not subject to the uniform actuarial assumptions of retirement systems’ assumption on amortization and may maintain its current amortization schedule.

(3) Grant awards under this section must be capped at $170,000,000.00 for any qualified unit’s qualified retirement system.

(4) The department of treasury shall develop, and publish on the department website, program guidelines, an application process, and the associated application materials no later than April 15, 2023. The department of treasury must accept applications from qualified units beginning April 15, 2023 and ending on June 15, 2023. Grant awards to a qualified retirement system under this section shall not exceed an amount equal to the amount necessary to achieve a funded ratio of 60% or the cap on grant awards in subsection (3), whichever is less, and funds must be disbursed no later than August 30, 2023.

(5) From the funds appropriated in part 1 for local unit municipal pension principal payment grant, an amount not to exceed $1,000,000.00 may be used by the department of treasury for administrative costs related to this section, including, but not limited to, the use of a vendor to assist with processing applications.

(6) If the amount appropriated is insufficient to meet all grant award requests, the department of treasury shall prorate payments under this section by reducing the amount of the allocation as otherwise calculated under this section by an equal percentage per qualified unit receiving funds under this section.

(7) As used in this section:

(a) “Contractual benefit enhancement” means any change to the current benefit policy for active members in a qualified retirement system that increases the actuarially determined contribution rate or decreases the funded ratio of the system. This does not include wage and salary increases.

(b) “Qualified retirement system” means a retirement pension benefit within a retirement system, as defined in section 3 of the protecting local government retirement and benefits act, 2017 PA 202, MCL 38.2803, of a qualified unit, with a funded ratio below 60 based on the last report filed as required by section 5 of the protecting local government retirement and benefits act, 2017 PA 202, MCL 38.2805, as of December 31, 2021.

(c) “Qualified unit” means a city, county, township, village, or road commission that operates a qualified retirement system.

 

Sec. 979b. (1) In addition to the funds appropriated in part 1 for local unit municipal pension principal payment grant, there is appropriated an amount not to exceed $50,000,000.00 general fund to make payments to qualified units as defined under section 979a, to the extent necessary, as determined by the state treasurer, to ensure that the qualified retirement systems of qualified units receiving funds under section 979a have a funded ratio of at least 60%.

(2) Funds distributed under this section are subject to section 979a except for the cap in section 979a(3).

 

Sec. 979c. The funds appropriated in part 1 for state police retirement system deposit must be used solely for a deposit into the state police retirement system. The deposit into the state police retirement system must be in addition to the actuarially determined contribution and must not be used to meet the actuarially determined contribution for the state police retirement system.

 

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

Sec. 980. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $15,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 981. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $65,125,800.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $39,539,900.00. Total agency appropriations for retiree health care legacy costs are estimated at $25,585,900.00.

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 relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director within 10 business days after receiving any additional pass-through funds.

 

Sec. 983. The department of labor and economic opportunity, Michigan strategic fund, and Michigan state housing development authority shall not use funds appropriated in part 1 for broadband construction, expansion, repairs, or upgrades or to issue or refinance bonds for broadband construction, expansion, repairs, or upgrades.

 

Sec. 984. As a condition of receiving funds in part 1, the department of labor and economic opportunity shall utilize SIGMA 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. 985. (1) Grants supported with private revenues received by the department are appropriated upon receipt and are available for expenditure by the department, subject to subsection (3), for purposes specified within the grant agreement and as permitted under state and federal law.

(2) Within 10 days after the receipt of a private grant appropriated in subsection (1), the department shall notify the house and senate chairpersons of the subcommittees, the senate and house fiscal agencies, and the state budget director of the receipt of the grant, including the fund source, purpose, and amount of the grant.

(3) The amount appropriated under subsection (1) shall not exceed $1,500,000.00.

 

Sec. 986. (1) The department may charge registration fees to attendees of informational, training, or special events sponsored by the department, and related to activities that are under the department’s purview.

(2) These fees shall reflect the costs for the department to sponsor the informational, training, or special events.

(3) Revenue generated by the registration fees is appropriated upon receipt and available for expenditure to cover the department’s costs of sponsoring informational, training, or special events.

(4) Revenue generated by registration fees in excess of the department’s costs of sponsoring informational, training, or special events shall carry forward to the subsequent fiscal year and not lapse to the general fund.

(5) The amount appropriated under subsection (3) shall not exceed $500,000.00.

 

Sec. 987. (1) The department may sell documents at a price not to exceed the cost of production and distribution. Money received from the sale of these documents shall revert to the department. In addition to the funds appropriated in part 1, these funds are available for expenditure when they are received by the department of treasury. This subsection applies only to R 418.10101 to R 418.101504 of the Michigan Administrative Code.

(2) Unexpended funds at the end of the fiscal year shall carry forward to the subsequent fiscal year and not lapse to the general fund.

 

Sec. 988. If the revenue collected by the department for radiological health administration and projects from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.

 

Sec. 989. It is the intent of the legislature that the workers’ compensation agency through the department of labor and economic opportunity annually update R 418.10101 to R 418.101504 of the Michigan Administrative Code, as required under sections 205 and 315 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.205 and 418.315, and section 33 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233.

 

Sec. 989c. It is the intent of the legislature that all of the broadband-focused FTE positions located within various state departments be consolidated into the department of labor and economic opportunity as referenced by the reporting requirements of section 359(20) of 2022 PA 53.

 

MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY

Sec. 990. MSHDA shall annually present a report to the state budget director 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. 991. From the funds appropriated in part 1, the department of labor and economic opportunity may hire or contract for 20.0 limited-term employees for the housing and rental assistance program to administer programs funded under this act.

 

state LAND BANK AUTHORITY

Sec. 995. In addition to the amounts appropriated in part 1, the state land bank authority may expend revenues received under the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes authorized by the act, including, but not limited to, the acquisition, lease, management, demolition, maintenance, or rehabilitation of real or personal property, payment of debt service for notes or bonds issued by the authority, and other expenses to clear or quiet title property held by the authority.

 

MICHIGAN STRATEGIC FUND

Sec. 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 relevant senate and house of representatives appropriations subcommittees, 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 this state as a travel destination. The funds are available for expenditure when they are received by the department of treasury. If the fund receives revenues from the use of “Pure Michigan”, the fund shall provide a report that lists the revenues by source received from the use of “Pure Michigan” and all other copyrighted slogans and images. The report shall provide a detailed list of expenditures of revenues received under this section. The report shall be provided to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the house and senate fiscal agencies, and the state budget director by March 1.

 

Sec. 1005a. (1) From the funds appropriated in part 1 for Pure Michigan and ARP – Pure Michigan, state fiscal recovery fund dollars and general fund dollars shall be appropriated for the following purposes:

(a) Conduction of market research regionally, nationally, and internationally for use in market campaigns.

(b) Production of advertisements for the promotion of Michigan as a place to live, work, and play.

(c) Placement of advertisements in regional, national, and international market campaigns.

(d) Administration of the program.

(e) Other activities that promote Michigan as a place to live, work, and play.

(f) Matching marketing campaigns funded from the local promotion fund or private promotion fund.

(2) The fund may contract any of the activities under subsection (1).

(3) The fund may work in cooperation with local units of government, nonprofit entities, and private entities on Pure Michigan promotion campaigns. The fund shall include agreements prior to undertaking cooperative marketing campaigns.

 

Sec. 1005b. (1) A local promotion fund is created in the department of labor and economic opportunity. The fund may receive funds from local units of government and nonprofit entities and deposit these funds into the local promotion fund. Funds received are available for expenditure for use in Pure Michigan promotion campaigns. The fund may maintain individual accounts for local units of government and nonprofit entities that deposit funds into the local promotion fund upon request from a local unit of government. As used in this subsection, “local unit of government” includes cities, villages, townships, counties, and regional councils of government.

(2) Local promotion funds appropriated in part 1 may be used for media production and placements, national and international marketing campaigns, and for other activities that promote Michigan as a place to live, work, and play.

(3) Any unexpended or unencumbered balance shall be disposed of in accordance with the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless carryforward authorization has been otherwise provided for.

 

Sec. 1005c. (1) A private promotion fund is created in the department of labor and economic opportunity. The fund may receive funds from private entities and deposit these funds into the private promotion fund. Funds received are available for expenditure for use in Pure Michigan promotion campaigns. The fund may maintain individual accounts for private entities that deposit funds into the private promotion fund upon request from a private entity.

(2) Private promotion funds appropriated in part 1 may be used for media production and placements, national and international marketing campaigns, and for other activities that promote Michigan as a place to live, work, and play.

(3) Any unexpended or unencumbered balance shall be disposed of in accordance with the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless carryforward authorization has been otherwise provided for.

 

Sec. 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 relevant senate and house of representatives appropriations subcommittees, 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 shall request the following information from the MEDC:

(a) Approved budget from the MEDC executive committee for the current fiscal year and actual budget expenditures for the preceding fiscal years.

(b) Expenditures and revenues as part of the current and preceding year budgets, including the available fund balance for the current and preceding fiscal years.

(c) The total number of FTEs, by state and corporate status.

(d) A reporting of activities, programs, and grants consistent with the preceding fiscal year budget.

(2) Information received by the MSF pursuant to this section shall be posted online and distributed to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15.

 

Sec. 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 standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, 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 if the fund purchases options on land or land. 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 relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director. The report shall include, but is not limited to, all of the following:

(a) A detailed listing of revenues, by fund source, to the jobs for Michigan investment fund. The listing shall include the manner and reason for which the funds were appropriated to the jobs for Michigan investment fund.

(b) A detailed listing of expenditures, by project, from the jobs for Michigan investment fund.

(c) A fiscal year-end balance of the jobs for Michigan investment fund.

 

Sec. 1011. (1) From the appropriations in part 1 to the fund and granted or transferred to the MEDC, any unexpended or unencumbered balance shall be disposed of in accordance with the requirements in the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless carryforward authorization has been otherwise provided for.

(2) Any encumbered funds, including encumbered funds subsequently unobligated, shall be used for the same purposes for which funding was originally appropriated in this part and part 1.

(3) For funds appropriated in part 1 to the fund, any carryforward authorization subsequently created through a work project shall be preserved until a cash or accrued expenditure has been executed or the allowable work project time period has expired.

 

Sec. 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% 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 fund shall report to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the state budget director, and the senate and house fiscal agencies on the status of the film incentives at the same time as it submits the annual report required under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455. The department of treasury shall provide the fund with the data necessary to prepare the report. Incentives included in the report shall include all of the following:

(a) The tax credit provided under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455.

(b) The tax credit provided under section 457 of the Michigan business tax act, 2007 PA 36, MCL 208.1457.

(c) The tax credit provided under section 459 of the Michigan business tax act, 2007 PA 36, MCL 208.1459.

(d) The amount of any tax credit claimed under former section 367 of the income tax act of 1967, 1967 PA 281.

(e) Any tax credits provided for film and digital media production under the Michigan economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810.

(f) Loans to an eligible production company or film and digital media private equity fund authorized under section 88d(3), (4), and (5) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088d.

(2) The report shall include all of the following information:

(a) For each tax credit, the number of contracts signed, the projected expenditures qualifying for the credit, and the estimated value of the credits. For loans, the number of loans made under each section, the interest rate of those loans, the loan amount, the percent of the projected budget of each production financed by those loans, and the estimated interest earnings from the loan.

(b) For credits authorized under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455, for productions completed by December 31, the expenditures of each production eligible for the credit that has filed a request for certificate of completion with the film office, broken down into expenditures for goods, services, or salaries and wages and showing separately expenditures in each local unit of government, including expenditures for personnel, whether or not they were made to a Michigan entity, and whether or not they were taxable under the laws of this state. For loans, the report shall include the number of loans that have been fully repaid, with principal and interest shown separately, and the number of loans that are delinquent or in default, and the amount of principal that is delinquent or is in default.

(c) For each of the tax credit incentives and loan incentives listed in subsection (1), a breakdown for each project or production showing each of the following:

(i) The number of temporary jobs created.

(ii) The number of permanent jobs created.

(iii) The number of persons employed in Michigan as a result of the incentive, on a full-time equated basis.

(3) For any information not included in the report due to the provisions of section 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, the report shall do all of the following:

(a) Indicate how the information would describe the commercial and financial operations or intellectual property of the company.

(b) Attest that the information has not been publicly disseminated at any time.

(c) Describe how disclosure of the information may put the company at a competitive disadvantage.

(4) Any information not disclosed due to the provisions of section 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, shall be presented at the lowest level of aggregation that would no longer describe the commercial and financial operations or intellectual property of the company.

 

Sec. 1033. As a condition of receiving funds in part 1, not later than March 15, the fund 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 standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director. The report shall include, but 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. As a condition of receiving an award from the fund, each business incubator or accelerator that received an award from the fund shall maintain and update a dashboard of indicators to measure the effectiveness of the business incubator and accelerator programs. Indicators shall include the direct jobs created, new companies launched as a direct result of business incubator or accelerator involvement, businesses expanded as a direct result of business incubator or accelerator involvement, direct investment in client companies, private equity financing obtained by client companies, grant funding obtained by client companies, and other measures developed by the recipient business incubators and accelerators in conjunction with the MEDC. Dashboard indicators shall be reported for the prior fiscal year and cumulatively, if available. Each recipient shall submit a copy of their dashboard indicators to the fund by March 1. The fund shall transmit the local reports to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15.

 

Sec. 1035. (1) From the appropriations in part 1, the Michigan council for arts and cultural affairs shall administer an arts and cultural grant program that maintains an equitable geographic distribution of funding and utilizes past arts and cultural grant programs as a guideline for administering this program. The council shall do all of the following:

(a) On or before October 1, the council shall publish proposed application criteria, instructions, and forms for use by eligible applicants. The council shall provide at least a 2-week period for public comment before finalizing the application criteria, instructions, and forms.

(b) A nonrefundable application fee may be assessed for each application. Application fees shall be deposited in the council for the arts fund and are appropriated for expenses necessary to administer the programs. These funds are available for expenditure when they are received and may be carried forward to the following fiscal year.

(c) Grants are to be made to public and private arts and cultural entities.

(d) Within 1 business day after the award announcements, the council shall provide to each member of the legislature and the fiscal agencies a list of all grant recipients and the total award given to each recipient, sorted by county.

(e) In addition to the information in subdivision (d), the council shall report on the number of applications received, number of grants awarded, total amount requested from applications received, and total amount of grants awarded.

(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 general fund/general purpose funds appropriated in part 1 to the fund for business attraction and community revitalization shall be transferred to the 21st century jobs trust fund per section 90b(3) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090b.

(2) Funds transferred to the 21st century jobs trust fund under subsection (1) are appropriated and available for allocation as authorized in the Michigan strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094.

 

Sec. 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 relevant senate and house of representatives appropriations subcommittees, 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 chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by November 1 on the annual cost of the MEGA tax credits. The report shall include for each year the board-approved credit amount, adjusted for credit amendments where applicable, and the actual and projected value of tax credits for each year from 1995 to the expiration of the credit program. For years for which credit claims are complete, the report shall include the total of actual certificated credit amounts. For years for which claims are still pending or not yet submitted, the report shall include a combination of actual credits where available and projected credits. Credit projections shall be based on updated estimates of employees, wages, and benefits for eligible companies.

(2) In addition to the report under subsection (1), the fund, in conjunction with the department of treasury, shall report to the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by November 1 on the annual cost of all other certificated credits by program, for each year until the credits expire or can no longer be collected. The report shall include estimates on the brownfield redevelopment credit, film credits, MEGA photovoltaic technology credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery credit, and other certificated credits.

 

Sec. 1044. As a condition of receiving appropriations in part 1, prior to authorizing the transfer of any previously authorized tax credit that would increase the liability to this state, the fund, on behalf of the MSF board, shall notify the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director not fewer than 30 days prior to the authorization of the tax credit transfer.

 

Sec. 1050. (1) From the funds appropriated in part 1 for business attraction and community revitalization, the fund shall identify specific outcomes and performance measures, including, but not limited to, the following:

(a) Total verified jobs created by the business attraction program during the fiscal year ending September 30, 2023.

(b) Total private investment obtained through the business attraction and community revitalization programs during the fiscal year ending September 30, 2023.

(c) Amount of private and public square footage created and reactivated through the community revitalization program during the fiscal year ending September 30, 2023.

(2) The fund must submit a report to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15. The report must describe the specific outcomes and measures required in subsection (1) and provide the results and data related to these outcomes and measures for the prior fiscal year if related information is available for the prior fiscal year.

 

Sec. 1051. In addition to the funds appropriated in part 1, the funds collected by state historic preservation programs for document reproduction and services and application fees are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the succeeding fiscal year.

 

Sec. 1053. Tax capture revenues collected in accordance with written agreements under the good jobs for Michigan program and transferred from the general fund for deposit into the good jobs for Michigan fund, and for both calculated payments from the good jobs for Michigan fund to authorized businesses and distributions to the Michigan strategic fund for administrative expenses, are appropriated pursuant to the provisions of chapter 8D of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090g to 125.2090j.

 

Sec. 1054. Tax capture revenues collected in accordance with written agreements under the employment opportunity program and transferred from the general fund for deposit into the employment opportunity fund, and for both calculated payments from the employment opportunity fund to authorized businesses and distributions to the Michigan strategic fund for administrative expenses, are appropriated pursuant to the provisions of chapter 8F of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090t to 125.2090w.

 

EMPLOYMENT SERVICES

Sec. 1057. From the funds appropriated in part 1, the Michigan occupational safety and health administration shall maintain physical or electronic records of notes and documents in accordance with this state’s record retention policies pertaining to cases in which an employer was issued a citation or a fine, or both, for a violation of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

 

Sec. 1058. From the funds appropriated in part 1, the department shall, in accordance with the Wagner-Peyser Act, 29 USC 49 to 49L-2, and the settlement agreement arising out of Michigan v. Herman, 81 F Supp 2d 840 (WD Mich, 1998), continue to use local merit staff and the Michigan Works! agencies to deliver employment services.

 

WORKFORCE DEVELOPMENT AND UNEMPLOYMENT

Sec. 1059. (1) From the funds appropriated in part 1 for the Tri-share child care program, $2,500,000.00 shall be awarded for the continuation of the child care pilot project originally initiated and funded in section 1047(31) of article 5 of 2020 PA 166.

(2) The funding appropriated in part 1 must be used to fund existing child care facilitator hubs.

(3) Any child care facilitator receiving funds under this section must be a nonprofit, limited liability company, C-corporation, S-corporation, or a sole proprietor.

(4) Not more than $100,000.00 may be used for administration of the program.

 

Sec. 1060. The department shall administer the PATH training program in accordance with the requirements of section 407(d) of title IV of the social security act, 42 USC 607, the state social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and all other applicable laws and regulations.

 

Sec. 1061. From the funds appropriated in part 1 for workforce programs subgrantees, the department may allocate funding for grants to nonprofit organizations that offer programs pursuant to the workforce innovation and opportunity act, 29 USC 3101 to 3361, eligible youth focusing on apprenticeship readiness, pre-apprenticeship and apprenticeship activities, entrepreneurship, work-readiness skills, job shadowing, and financial literacy. Organizations eligible for funding under this section must have the capacity to provide similar programs in urban areas, as determined by the United States Bureau of the Census, according to the most recent federal decennial census. Additionally, programs eligible for funding under this section must include the participation of local business partners. The department shall develop other appropriate eligibility requirements to ensure compliance with applicable federal rules and regulations.

Sec. 1062. From the funds appropriated in part 1, the department shall make available, in person or by telephone, 1 disabled veterans outreach program specialist or local veterans employment representative to Michigan Works! service centers, as resources permit, during hours of operation, and shall continue to make the appropriate placement of veterans and disabled veterans a priority.

 

Sec. 1063. (1) In addition to the funds appropriated in part 1, any unencumbered and unrestricted federal workforce innovation and opportunity act, 29 USC 3101 to 3361, or trade adjustment assistance funds available from prior fiscal years are appropriated for the purposes originally intended.

(2) The department shall report by February 15 to the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director on the amount by fiscal year of federal workforce innovation and opportunity act, 29 USC 3101 to 3361, funds appropriated under this section.

 

Sec. 1064. From the funds appropriated in part 1, the department shall provide a report on going pro expenditures, by program or grant type, for the prior fiscal year. In addition, the report shall include projected expenditures, by program or grant type, for the current fiscal year. The report shall be posted online and distributed to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15.

 

Sec. 1065. The department shall publish data and reports on March 15 and September 30 on the department website concerning the status of career technology and going pro funded in part 1. The report shall include the following:

(a) The number of awardees participating in the program and the names of those awardees organized by major industry group.

(b) The amount of funding received by each awardee under the program.

(c) Amount of funding leveraged from each awardee.

(d) Training models established by each awardee.

(e) The number of individuals enrolled in classroom training, on-the-job training, or new USDOL registered apprentices.

(f) The number of qualified employees who completed the approved training.

(g) The number of applications received and the number of grants awarded for each region.

(h) The number of individuals hired and trained.

(i) The department shall expand workforce training and reemployment services to better connect workers to in-demand jobs and identify specific outcomes with performance metrics for this initiative, including, but not limited to, new apprenticeships, individuals to be hired and trained, current employees trained, training completed, and employment retention rate at 6 months, and hourly wage at 6 months.

 

Sec. 1066. To the extent consistent with sections 7 and 9 of the going pro talent fund act, 2018 PA 260, MCL 408.157 and 408.159, the department shall administer the program as follows:

(a) The department shall work cooperatively with grantees to maximize the amount of funds from part 1 that are available for direct training.

(b) The department, workforce development partners, including regional Michigan Works! agencies, and employers shall collaborate and work cooperatively to prioritize and streamline the expenditure of the funds appropriated in part 1. The department shall ensure that going pro provides a collaborative statewide network of workforce and employee skill development partners that addresses the employee talent needs throughout this state.

(c) The department shall ensure that grants are utilized for individual skill enhancement and to address in-demand talent needs in Michigan.

(d) The department shall develop program goals and detailed guidance for prospective participants to follow to qualify under the program. The program goals and detailed guidance shall be posted on the department website and distributed to workforce development partners, including local Michigan Works! agencies, by October 1. Periodic assessments of employer and employee needs shall be evaluated on a regional basis, and the department shall identify solutions and goals to be implemented to satisfy those needs. The department shall notify the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director 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 department for going pro may be expended for the purpose of those programs.

(e) Up to $5,000,000.00 of the funds may be expended to match federal funds to improve and increase the skill level of employees in skilled trades and manufacturing processes within the changing manufacturing environment.

(f) Up to $250,000.00 of the funds shall be awarded to a national, nonprofit program that connects National Guard, reserve, retired, and transitioning active-duty military service members with skilled training and quality career opportunities in the construction industry. Grant funding must be used to recruit and assist veterans to transition into apprenticeship programs in this state.

 

Sec. 1067. The funds appropriated in part 1 for MiSTEM advisory council shall be used to support the staff for the MiSTEM network, and for administrative, training, and travel costs related to the MiSTEM council. The staff for the MiSTEM network shall do all of the following:

(a) Serve as a liaison among and between the department, the department of education, the MiSTEM council, the governor’s workforce development board, the MiSTEM regions, and any other relevant organization or entity in a manner that creates a robust statewide STEM culture, that empowers STEM teachers, that integrates business and education into the STEM network, and that ensures high-quality STEM experiences for pupils.

(b) Coordinate the implementation of a marketing campaign, including, but not limited to, a website that includes dashboards of outcomes, to build STEM awareness and communicate STEM needs and opportunities to pupils, parents, educators, and the business community.

(c) Work with the department of education and the MiSTEM council to coordinate, award, and monitor MiSTEM state and federal grants to the MiSTEM network regions and conduct reviews of grant recipients, including, but not limited to, pupil experience and feedback.

(d) Report to the governor, the legislature, and the MiSTEM council annually on the activities and performance of the MiSTEM network regions.

(e) Coordinate recurring discussions and work with regional staff to ensure that a network or loop of feedback and best practices are shared, including funding, programming, professional learning opportunities, discussion of MiSTEM strategic vision, and regional objectives.

(f) Coordinate major grant application efforts with the MiSTEM council to assist regional staff with grant applications on a local level. The MiSTEM council shall leverage private and nonprofit relationships to coordinate and align private funds in addition to funds appropriated under this section.

(g) Train state and regional staff in the STEMworks rating system, in collaboration with the MiSTEM council and the department of education.

(h) Hire MiSTEM network region staff in collaboration with the network region fiscal agent.

 

Sec. 1068. (1) Of the funds appropriated in part 1 for the workforce training programs, the department shall provide a report by March 15 to the relevant senate and house of representatives appropriation subcommittees, the state budget director, and the senate and house fiscal agencies on the status of the workforce training programs. The report shall include the following:

(a) The amount of funding allocated to each Michigan Works! agency and the total funding allocated to the workforce training programs statewide by fund source.

(b) The number of participants enrolled in education or training programs by each Michigan Works! agency.

(c) The average duration of training for training program participants by each Michigan Works! agency.

(d) The number of participants enrolled in remedial education programs and the number of participants enrolled in literacy programs.

(e) The number of participants enrolled in programs at 2-year institutions.

(f) The number of participants enrolled in programs at 4-year institutions.

(g) The number of participants enrolled in proprietary schools or other technical training programs.

(h) The number of participants that have completed education or training programs.

(i) The number of participants who secured employment in Michigan within 1 year of completing a training program.

(j) The number of participants who completed a training program and secured employment in a field related to their training.

(k) The average wage earned by participants who completed a training program and secured employment within 1 year.

(l) The actual revenues received by the fund source and fund appropriated for each discrete workforce development program area.

(2) Data collection for the report shall be for the prior state fiscal year.

Sec. 1069. (1) Funds appropriated in part 1 for workforce development programs may be used for employment and training-related services and to assist Healthy Michigan plan recipients to secure and maintain training and employment. The department shall work with the department of health and human services to coordinate with and complement existing employment-related services for Healthy Michigan plan recipients.

(2) Funds appropriated in part 1 for workforce development programs may also be used to hire additional department field staff to educate impacted Healthy Michigan plan recipients on requirements and available services, make referrals, assess and address barriers to employment, and manage other caseload-related impacts resulting from the implementation of sections 107a and 107b of the social welfare act, 1939 PA 280, MCL 400.107a and 400.107b.

(3) The department shall report quarterly to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director on the implementation of work engagement requirement employment supports and services. The report shall include, but need not be limited to, all of the following:

(a) The number of recipients currently receiving employment supports and services under this section.

(b) The total year-to-date number of recipients who have received employment supports and services under this section.

(c) The number of recipients who secured employment in this state after receiving employment supports and services under this section.

(d) The total year-to-date number of field staff hired to provide supports and services under this section.

(e) A summary of employment supports and services provided under this section.

 

Sec. 1070. (1) From the funds appropriated in part 1 for graduation alliance, $2,500,000.00 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 this state.

(3) The department 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, 2023. Qualified program providers must start providing programming by February 1, 2023.

(5) The department 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 unit of high school credit obtained through classroom or online instruction.

(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 shall develop policies and guidelines to implement this section.

 

Sec. 1071. From the funds appropriated in part 1 for at-risk youth grants, $4,750,000.00 must be awarded to the Michigan franchise holder of the national Jobs for America’s Graduates program for the administration of the Jobs for Michigan’s Graduates program.

Sec. 1072. (1) The funds appropriated in part 1 for the high school equivalency-to-school program shall be used for the purpose of funding the cost of high school equivalency testing and certification as provided by this section. The department shall administer a Michigan high school equivalency-to-school program, which shall cover the cost of providing the high school equivalency test free of charge to individuals who meet all of the following requirements:

(a) The individual has not previously been administered a high school equivalency test free of charge under this section.

(b) The individual meets at least 1 of the following requirements:

(i) Prior to taking the high school equivalency test, the individual successfully completed a department-approved high school equivalency preparation program.

(ii) Prior to taking the high school equivalency test, the individual completed the official high school equivalency practice test and the individual’s score indicated that he or she is likely to pass.

(2) A department-approved high school equivalency preparation program shall include all of the following:

(a) Instructional and tutorial assistances.

(b) High school equivalency test practice.

(c) Required attendance at program instructional sessions.

(d) A curriculum that prepares students for opportunities in postsecondary education and the job market.

(e) Information on potential postsecondary and career pathways.

(f) Counseling on preparing for and applying to college.

(g) Personal and job readiness skills development.

(h) Comprehensive information on college costs and financial aid.

(i) College and career assessments.

(j) Computer-based instruction, practice, or remediation.

(3) The department shall post online an announcement of the Michigan high school equivalency-to-school program, minimum standards for high school equivalency preparation program approval, and approval procedures.

(4) The department shall do all of the following:

(a) Develop procedures consistent with this section under which individuals can take the high school equivalency test without charge.

(b) Provide program information for educators and students on the department website, including explanations of the procedures developed under this subsection, and contact information for questions about the program.

(c) Provide an estimate of the full-year cost of the program to the senate and house appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director.

(5) By September 30, the department shall report to the relevant senate and house appropriations subcommittees, the senate and house fiscal agencies, and the state budget director on utilization of the high school equivalency incentive program, including numbers of high school equivalency certifications issued by location, year-to-date expenditures, and numbers of participants qualifying under subsection (1)(b)(i) or (ii), or both.

 

Sec. 1073. The funds appropriated in part 1 for the Michigan reconnect grant program shall be distributed pursuant to the Michigan reconnect grant act, 2020 PA 84, MCL 390.1701 to 390.1709. In compliance with section 5 of the Michigan reconnect grant act, 2020 PA 84, MCL 390.1705, the funds appropriated in part 1 shall be expended to award grants, administer the program, and support the duties outlined in section 5 of the Michigan reconnect grant act, 2020 PA 84, MCL 390.1705.

 

Sec. 1074. The unemployment insurance agency shall provide a report updated at least quarterly that includes, but is not limited to, fiscal year-to-date expenditures by division and program unit. Each quarterly report shall be transmitted within 60 days after the end of the quarter. The report shall be provided to the house and senate chairpersons of the relevant subcommittees, the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director.

 

Sec. 1075. (1) From the funds appropriated in part 1, the department on behalf of the unemployment insurance agency shall provide a quarterly report within 15 days after the end of each quarter to the members of the senate and house committees on appropriations, the senate and house fiscal agencies, and the state budget director that includes, but is not limited to, the following:

(a) The 4-week average number of unique claimants.

(b) The 4-week average number of eligible claimants with certification.

(c) The 4-week average number of claims paid.

(d) The total amount of standard unemployment insurance payments paid for the month.

(e) The total amount of unemployment insurance tax generated for the quarter.

(f) The balance of the Michigan unemployment trust fund at the end of the quarter.

(2) The department shall include the same information required in subsection (1) for the previous 12 months. The department shall include the most recent quarterly report on the department’s webpage.

 

Sec. 1076. From the funds appropriated in part 1, the department shall provide a quarterly report within 15 days after the end of each quarter to the members of the senate and house committees on appropriations, the senate and house fiscal agencies, and the state budget director that includes, but is not limited to, the following:

(a) The number of new fraudulent and noncompliant cases that have been identified or issued by the unemployment insurance agency, classified by employer or claimant, during the quarter.

(b) The total amount of penalties and interest issued on fraudulent and noncompliant cases during the quarter.

(c) The total amount of penalties and interest dollars received during the quarter by employer or claimant.

(d) The total amount of penalties and interest still owed to this state by employer or claimant.

(e) The number of fraudulent and noncompliant cases that have been appealed by an employer or claimant during the quarter.

 

Sec. 1077. Funds appropriated in part 1 for unemployment insurance agency shall be used to staff unemployment insurance agency branch offices for in-person appointments for unemployment insurance agency claimant services.

 

Sec. 1077a. Funds appropriated in part 1 for unemployment insurance agency may be used by the unemployment insurance agency to increase capacity by an estimated 500 limited-term employees or contractors only if the unemployment insurance agency provides full-time, in-person services at all existing unemployment insurance local offices.

 

Sec. 1078. (1) From the funds appropriated in part 1 for unemployment insurance agency, the department shall maintain customer service standards for employers and claimants making use of the various means by which they can access the system.

(2) The department shall identify specific outcomes and performance metrics for this initiative, including, but not limited to, the following:

(a) Unemployment benefit fund balance.

(b) Process improvement - fiscal integrity.

(c) Process improvement - determination timeliness.

(d) Process improvement - determination quality.

 

Sec. 1079. (1) The department shall provide reporting regarding the interagency agreement with the department of health and human services, which concerns TANF funding to provide job readiness and welfare-to-work programming. The reporting shall include specific outcome and performance reporting requirements as described in this section. TANF funding provided to the department in the current fiscal year is contingent on compliance with the data and reporting requirements described in this section. The department shall provide all of the following items for the previous year to the senate and house appropriations committees and the senate and house fiscal agencies 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 appropriations subcommittees on health and human services, 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.

REHABILITATION SERVICES

Sec. 1081. The Michigan rehabilitation services and bureau of services for blind persons shall work collaboratively with service organizations and government entities to identify allowable match dollars to secure available federal vocational rehabilitation funds.

 

Sec. 1082. From the funds appropriated in part 1, 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 director on efforts taken to improve the Michigan rehabilitation services. The report shall include all of the following line 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. 1083. (1) From the funds appropriated in part 1 for Michigan rehabilitation services, the department shall allocate funding 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 director on the total number of clients served and the total amount of federal matching funds obtained throughout the duration of the program.

 

Sec. 1084. (1) It is the intent of the legislature that Michigan rehabilitation services shall not implement an order of selection for vocational and rehabilitative services. If the department is at risk of entering into an order of selection for services, the department shall notify the chairs of the senate and house appropriations subcommittees on the department budget and the senate and house fiscal agencies and policy offices within 2 weeks of receiving notification.

(2) It is the intent of the legislature that the department coordinate with Michigan rehabilitation services, Michigan Works!, local technological and trade schools and programs, local community mental health offices, and other local entities, public and private, in order to fully utilize open Michigan rehabilitation services programming space, regardless of eligibility criteria.

 

Sec. 1085. 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. 1086. (1) Funds appropriated in part 1 for independent living shall be used to support the general operations of centers for independent living in delivering mandated independent living services in compliance with federal rules and regulations for the centers, by existing centers for independent living to serve underserved areas, and for projects to build the capacity of centers for independent living to deliver independent living services. Applications for the funds shall be reviewed in accordance with criteria and procedures established by the department. 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 services that specifically focus on economic self-sufficiency.

(2) In partnership with service providers, the department shall provide a report by March 1 of the current fiscal year to the relevant subcommittees, the house and senate appropriations committees, the house and senate fiscal agencies, the house and senate policy offices, and the state budget director on direct customer and system outcomes and performance measures.

Sec. 1087. (1) The appropriation in part 1 for the bureau of services for blind persons includes funds for case services. These funds may be used for tuition payments for blind clients.

(2) Revenue collected by the bureau of services for blind persons and from private and local sources that is unexpended at the end of the fiscal year may carry forward to the subsequent fiscal year.

 

Sec. 1088. The bureau of services for blind persons may provide and enter into agreements to provide general services, training, meetings, information, special equipment, software, facility use, and technical consulting services to other principal executive departments, state agencies, local units of government, the judicial branch of government, other organizations, and patrons of department facilities. The department may charge fees for these services that are reasonably related to the cost of providing the services. In addition to the funds appropriated in part 1, funds collected by the department for these services are appropriated for all expenses necessary. The funds appropriated under this section are allotted for expenditure when they are received by the department of treasury.

 

Sec. 1089. (1) The funds appropriated in part 1 for a regional or subregional library shall not be released until a budget for that regional or subregional library has been approved by the department for expenditures for library services directly serving the blind and persons with disabilities.

(2) In order to receive subregional state aid as appropriated in part 1, a regional or subregional library’s fiscal agency shall agree to maintain local funding support at the same level in the current fiscal year as in the fiscal agency’s preceding fiscal year. If a reduction in expenditures equally affects all agencies in a local unit of government that is the regional or subregional library’s fiscal agency, that reduction shall not be interpreted as a reduction in local support and shall not disqualify a regional or subregional library from receiving state aid under part 1. If a reduction in income affects a library cooperative or district library that is a regional or subregional library’s fiscal agency or a reduction in expenditures for the regional or subregional library’s fiscal agency, a reduction in expenditures for the regional or subregional library shall not be interpreted as a reduction in local support and shall not disqualify a regional or subregional library from receiving state aid under part 1.

 

COMMISSIONS

Sec. 1090. From the funds appropriated in part 1, the office of global Michigan is to coordinate with the Asian Pacific American affairs commission, the Commission on Middle Eastern American affairs, and the Hispanic/Latino commission of Michigan to produce a report by January 31 that is to be transmitted to the senate and house subcommittee chairpersons of the relevant subcommittees, the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director. The report shall include, but is not limited to, the following:

(a) Total number of people with whom each commission directly interacts through programming.

(b) Total number of public events that each commission conducted.

(c) Description of the activities that the commissions initiated to promote cooperation between the commissions.

(d) Total number of meetings that each commission held with foreign diplomats.

(e) Programmatic costs of each commission.

 

Sec. 1091. 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 be directly related to the mission statement of that commission.

 

Sec. 1092. The office of global Michigan must produce a report by January 31 and transmit the report to the subcommittees, the senate and house fiscal agencies, and the state budget director. The report may include other information, but it must include all of the following:

(a) A description of the major programs and activities of the office of global Michigan and the number of individuals served through those programs.

(b) The number of refugee arrivals, the job placement rate of those refugees actively receiving services under the global Michigan grants, and the average wage and initial job placements for those refugees.

(c) The number of job seekers and the number of employers that the office has served through the Michigan international talent solutions program.

(d) The number of program, partner, and employer referrals conducted through the Michigan international talent solutions program.

(e) A description of the activities that the office has conducted to attract and retain international, advanced degree, and entrepreneurial talent.

ONE-TIME APPROPRIATIONS

Sec. 1094e. From the funds appropriated in part 1 for Focus: HOPE, $1,000,000.00 may be awarded to Focus: HOPE for education and workforce development programming, early childhood education, youth development, food assistance, or community empowerment and advocacy.

 

Sec. 1094f. (1) From the funds appropriated in part 1 for the blight elimination program, $53,450,000.00 shall be awarded to the following projects:

(a) $20,000,000.00 shall be awarded for the demolition of a former correctional facility located in a city with a population of between 13,300 and 13,400 and in a county with a population of between 66,500 and 67,000 according to the most recent federal decennial census.

(b) $25,000,000.00 shall be awarded for an industrial land assembly project located in a city with a population of greater than 600,000 according to the most recent federal decennial census. The project is intended to transform blighted and contaminated vacant property into neighborhood assets. Funds should be used to support site demolition and readiness for up to 8 industrial land opportunities.

(c) $450,000.00 is allocated for vacant building demolition at the site of a former hospital in a city with a population of between 7,900 and 8,000 located in a county with a population of between 60,900 and 61,000 according to the most recent federal decennial census.

(d) $8,000,000.00 is allocated for vacant building demolition at the site of a former hospital in a city with a population of between 20,600 and 20,700 located in a county with a population of between 66,000 and 66,100 according to the most recent federal decennial census.

(2) From the funds appropriated in part 1 for the blight elimination program, $21,550,000.00 shall be used for a competitive grant program to address eligible properties in this state. The state land bank authority shall establish grant and distribution criteria that are consistent with the requirements in this section and shall administer the program. Grants issued under the program may be used for the following activities for eligible properties:

(a) Demolition of vacant residential, commercial, or industrial structures, including reasonable and necessary costs directly related to demolition, including, but not limited to, title work, due care demolition plans, acquisition, utility disconnect fees, permit fees, abatement of hazardous materials, air monitoring at demolition sites, the replacement of damaged sidewalk or recurbing at the street, and seeding.

(b) Stabilization of vacant residential, commercial, or industrial structures identified for future rehabilitation. Eligible stabilization costs may include debris removal, exterior security materials to deter trespassing and vandalism, and interior and exterior repairs needed to protect against further deterioration and meet local exterior property maintenance requirements.

(c) Matching or gap funds for environmental remediation needed to comply with department of environment, Great Lakes, and energy standards and limited site preparation costs to remove other predevelopment hurdles on publicly owned residential, commercial, or industrial parcels.

(d) Project administration directly related to activities under subdivisions (a), (b), or (c) for up to 8% of an applicant’s total grant award.

(3) Grants may be issued to a land bank authority, county, city, village, or township. In areas served by a county or city land bank, the land bank shall act as the lead applicant for grants within its jurisdiction. In areas not served by a county or city land bank, a county, city, village, or township may apply for a grant directly.

(4) Grants shall be distributed on a competitive basis, subject to the following:

(a) The authority shall ensure that not less than 5% of total program funds are allocated to each of the state’s prosperity regions.

(b) Rural counties are eligible for a guaranteed minimum allocation of $200,000.00. In a rural county served by a land bank authority, the land bank authority must serve as the lead applicant for the guaranteed minimum allocation.

(c) County or city land bank authorities operating outside a rural county are eligible for a guaranteed minimum allocation of $200,000.00.

(d) A rural county or land bank authority may apply for grants above the guaranteed minimum of $200,000.00.

(5) The unexpended funds appropriated in part 1 for the blight elimination 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 are 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 grants to land bank authorities and local units of government to address blighted properties.

(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 $50,000,000.00.

(d) The tentative completion date is September 30, 2024.

(6) As used in this section:

(a) “Authority” means the Michigan state land bank authority.

(b) “Eligible properties” means:

(i) Any property owned or under the control of a land bank fast track authority under the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774.

(ii) Any vacant residential, commercial, or industrial property that is blighted. A property is considered blighted if it meets any of the following criteria:

(A) The property has been declared a public nuisance in accordance with a local housing, building, plumbing, fire, or other related code or ordinance.

(B) The property has had utilities, plumbing, heating, or sewerage disconnected, destroyed, removed, or rendered ineffective for a period of 1 year or more, rendering the property unfit for its intended use.

(C) The property is tax-reverted and owned by this state, a county, or a municipality.

(c) “Rural county” means a county with a population of 50,000 or less, according to the most recent decennial census.

 

Sec. 1094j. From the funds appropriated in part 1 for seawall project, the department of labor and economic opportunity shall allocate $1,000,000.00 to a city with a population of between 35,000 and 39,000, according to the most recent federal decennial census for the completion of a seawall to provide public access for recreation purposes. Funds allocated under this section are subject to, and do not constitute a future guarantee of, permitting approval for any project.

 

Sec. 1094k. (1) From the funds appropriated in part 1 for Michigan enhancement grants, $7,800,000.00 shall be awarded to an opportunity center associated with a community center that is located in a city with a population of between 20,400 and 20,500 and in a county with a population of between 154,800 and 154,900 according to the most recent federal decennial census for the renovation of the facilities and surrounding land.

(2) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be awarded for an expansion project at a museum associated with a state university located in a county with a population of between 39,700 and 39,800 according to the most recent federal decennial census.

(3) From the funds appropriated in part 1 for Michigan enhancement grants, $2,500,000.00 shall be awarded to a city with a population of between 5,200 and 5,300 located in a county with a population of between 880,000 and 890,000 according to the most recent federal decennial census for police, fire, and public infrastructure projects.

(4) From the funds appropriated in part 1 for Michigan enhancement grants, $10,000,000.00 shall be awarded for a road project involving a United States highway and a local road located in a county with a population of between 406,200 and 406,300 according to the most recent federal decennial census.

(5) From the funds appropriated in part 1 for Michigan enhancement grants, $2,000,000.00 shall be awarded to a city with a population of between 109,000 and 111,000 located in a county with a population greater than 1,700,000 according to the most recent federal decennial census for infrastructure upgrades at a publicly owned recreational facility focused on affordable and accessible recreation opportunities for individuals of all ages located in a charter township.

(6) From the funds appropriated in part 1 for Michigan enhancement grants, $6,000,000.00 shall be awarded to a city with a population of between 109,000 and 110,000 located in a county with a population greater than 1,700,000 according to the most recent federal decennial census for the construction or renovation of community pools.

(7) From the funds appropriated in part 1 for Michigan enhancement grants, $5,000,000.00 shall be awarded to and administered by a charter township with a population of between 98,600 and 98,700 located in a county with a population greater than 1,700,000 according to the most recent federal decennial census for the total pavement reconstruction of 1 mile of 5-lane concrete pavement, including stone base and storm drainage improvements, and improvements to pedestrian pathways.

(8) From the funds appropriated in part 1 for Michigan enhancement grants, $3,000,000.00 shall be awarded to a city with a population of between 20,600 and 20,700 located in a county with a population of between 99,000 and 100,000 according to the most recent federal decennial census to work with the city’s downtown development authority to remove blight; incentivize new residential development; create new parks, open spaces, trails, and other public amenities; and provide for river cleanup to improve recreation and drinking water.

(9) From the funds appropriated in part 1 for Michigan enhancement grants, $3,100,000.00 shall be awarded to a village with a population of between 1,200 and 1,300 located in a county with a population of between 5,800 and 5,900 according to the most recent federal decennial census to assist the village with necessary municipal employee retirement system obligations.

(10) From the funds appropriated in part 1 for Michigan enhancement grants, $250,000.00 shall be awarded to the public service commission for a study on the feasibility of nuclear power generation in this state. The public service commission shall engage an outside consulting firm to conduct the feasibility study on nuclear energy generation in this state.

(11) From the funds appropriated in part 1 for Michigan enhancement grants, $750,000.00 shall be awarded to a city with a population of between 26,000 and 26,100 located in a county with a population greater than 1,700,000 according to the most recent federal decennial census to repair and replace damaged sidewalks by eliminating hazardous conditions and installing mandated ADA-compliant ramps for individuals with disabilities.

(12) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit charitable watershed council dedicated to protecting lakes, streams, wetlands, and groundwater and that is incorporated in a county with a population of between 175,000 and 176,000 and in a city with a population of between 25,000 and 26,000 according to the most recent federal decennial census.

(13) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit that provides wigs and support services at no charge to children and young adults experiencing hair loss located in a city with a population of between 58,500 and 59,000 and in a county with a population of between 850,000 and 900,000 according to the most recent federal decennial census to provide grants to compensate state-certified hair restoration technicians who provide cranial hair prosthesis to an eligible individual who is less than 19 years of age and has cranial hair loss as a result of a medical condition or as a result of a treatment for a medical condition. The amount of the grant shall not exceed $1,000.00 per individual, per calendar year and only residents of the state of Michigan shall qualify.

(14) From the funds appropriated in part 1 for Michigan enhancement grants, $4,000,000.00 shall be awarded to a limited liability company specializing in coronary artery computed tomography angiography plus fractional flow reserve – computed tomography scans to increase their operations to serve underserved areas including scans, virtual cardiac consultations, and educational awareness campaigns for Michigan’s most vulnerable populations, and for the acquisition of a facility and the creation of at least 20 jobs.

(15) From the funds appropriated in part 1 for Michigan enhancement grants, $2,000,000.00 shall be awarded to a county drain commissioner located in a county with a population of between 657,000 and 658,000 according to the most recent federal decennial census for the maintenance, improvement, and consolidation of drains, including intercounty drains.

(16) From the funds appropriated in part 1 for Michigan enhancement grants, $350,000.00 shall be awarded to the lead economic development organization for the Grand Traverse region located in a city with a population of between 15,500 and 16,000 and in a county with a population of between 95,000 and 96,000 according to the most recent federal decennial census for targeted marketing initiatives.

(17) From the funds appropriated in part 1 for Michigan enhancement grants, $250,000.00 shall be awarded to a nonprofit that cultivates youth development in underserved communities by encouraging a desire for excellence, respect, teamwork, leadership, integrity, and perseverance through the instruction of quality wrestling programs located in a city with a population greater than 600,000 according to the most recent federal decennial census for programming.

(18) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be awarded for a sewer project located in a township with a population of between 2,200 and 2,300 and in a county with a population of between 64,300 and 64,400 according to the most recent federal decennial census.

(19) From the funds appropriated in part 1 for Michigan enhancement grants, $3,000,000.00 shall be awarded to a city with a population of between 76,500 and 77,000 located in a county with a population of between 1,250,000 and 1,300,000 according to the most recent federal decennial census for the repair of roads owned by the city.

(20) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be awarded to a city with a population of between 25,100 and 25,200 located in a county with a population of greater than 1,700,000 according to the most recent federal decennial census for sidewalk repairs.

(21) From the funds appropriated in part 1 for Michigan enhancement grants, $910,000.00 shall be awarded for a handicap accessibility gateway project at a park located in a city with a population of between 6,100 and 6,200 that is located in a county with a population of between 1,250,000 and 1,300,000 and in a county with a population of greater than 1,700,000 according to the most recent federal decennial census.

(22) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be awarded to a city with a population of between 9,200 and 9,400 located within a county with a population of between 109,000 and 110,000 according to the most recent federal decennial census for fire equipment.

(23) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be awarded to a city with a population of between 134,000 and 134,500 located in a county with a population of between 880,000 and 885,000 according to the most recent federal decennial census for the purchase of a vacant elementary school to build a new recreational center.

(24) From the funds appropriated in part 1 for Michigan enhancement grants, $2,000,000.00 shall be awarded to a nonprofit community house dedicated to increasing the ability of children, youth, adults, and families to succeed in a diverse community that is located in a city with a population of between 198,000 and 200,000 and in a county with a population of between 650,000 and 660,000 according to the most recent federal decennial census to support improvements to facilities that provide affordable housing and child care services.

(25) From the funds appropriated in part 1 for Michigan enhancement grants, $800,000.00 shall be awarded to a city with a population of between 16,000 and 16,100 located in a county with a population of between 655,000 and 660,000 according to the most recent federal decennial census for the purchase of a new fire truck.

(26) From the funds appropriated in part 1 for Michigan enhancement grants, $1,700,000.00 shall be awarded to a township with a population of between 17,500 and 17,600 located in a county with a population of between 370,000 and 375,000 according to the most recent federal decennial census for pathway and road improvements.

(27) From the funds appropriated in part 1 for Michigan enhancement grants, $650,000.00 shall be awarded to a nonprofit that connects leaders and organizations with essential tools and services that free up focus for mission-related work located in a city with a population of between 123,000 and 124,000 and in a county with a population of between 370,000 and 375,000 according to the most recent federal decennial census for building improvements and programming.

(28) From the funds appropriated in part 1 for Michigan enhancement grants, $590,000.00 shall be awarded to a nonprofit with a mission to help homeless and high-risk girls and young women avoid violence, teen pregnancy, and exploitation, and help them explore and access the support, resources, and opportunities necessary to be safe, to grow strong, and to make positive choices in their lives that is located in a city with a population greater than 600,000 according to the most recent federal decennial census to expand services to homeless and at-risk women in the city.

(29) From the funds appropriated in part 1 for Michigan enhancement grants, $550,000.00 shall be awarded for an EGLE-permitted, shovel-ready project that would provide protection and restoration of Asylum Lake. The project would be administered by a state university and associated management council located in a city with a population of between 73,000 and 74,000 and in a county with a population of between 260,000 and 263,000 according to the most recent federal decennial census.

(30) From the funds appropriated in part 1 for Michigan enhancement grants, $1,300,000.00 shall be awarded for a wharf project located in a county with a population of between 175,000 and 176,000 and in a city with a population of between 38,000 and 39,000 according to the most recent federal decennial census.

(31) From the funds appropriated in part 1 for Michigan enhancement grants, $750,000.00 shall be awarded to a city with a population of between 83,500 and 84,000 located in a county with a population of between 1,250,000 and 1,300,000 according to the most recent federal decennial census for the development of a community innovation center at a former high school building.

(32) From the funds appropriated in part 1 for Michigan enhancement grants, $2,000,000.00 shall be awarded to a county with a population of between 1,250,000 and 1,300,000 according to the most recent federal decennial census for economic development site validation.

(33) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit that develops people, places, and plans for sustainable growth on Detroit’s east side that is located in a city with a population greater than 600,000 according to the most recent federal decennial census for the engineering phase of the Mack Avenue corridor improvement plan.

(34) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit providing free, after-school academic and athletic programming centered around student achievement and social justice that is located in a city with a population greater than 600,000 according to the most recent federal decennial census to increase program capacity by accepting more students and to decrease the overall learning loss gap due to the COVID-19 pandemic.

(35) From the funds appropriated in part 1 for Michigan enhancement grants, $1,200,000.00 shall be awarded to a city with a population of between 10,100 and 10,200 located in a county with a population greater than 1,700,000 according to the most recent federal decennial census for seawall and road repairs.

(36) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a foundation promoting the power of education, community service, and the arts within the community that is located in a charter township with a population of between 44,000 and 44,500 and in a county with a population of between 1,250,000 and 1,300,000 according to the most recent federal decennial census for education and workforce programming for disadvantaged youth in underserved neighborhoods.

(37) From the funds appropriated in part 1 for Michigan enhancement grants, $1,100,000.00 shall be awarded to a city with a population of between 48,500 and 49,000 located in a county with a population of between 260,000 and 265,000 according to the most recent federal decennial census for the replacement of an aerial fire apparatus.

(38) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a city with a population of between 95,000 and 96,000 located in a county with a population greater than 1,700,000 according to the most recent federal decennial census for a tree canopy initiative.

(39) From the funds appropriated in part 1 for Michigan enhancement grants, $4,000,000.00 shall be awarded to a historical society located in a city with a population greater than 600,000 for operational support.

(40) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to an Yemeni American association dedicated to empowering communities, individuals, families, groups, and businesses to achieve their maximum goals through direct services and wide-ranging social services that is located in a county with a population greater than 1,700,000 and in a city with a population of between 109,500 and 110,000 according to the most recent federal decennial census.

(41) From the funds appropriated in part 1 for Michigan enhancement grants, $750,000.00 shall be awarded to a charter township with a population of between 98,500 and 98,700 located in a county with a population greater than 1,700,000 according to the most recent federal decennial census for sidewalk and road infrastructure improvements.

(42) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded for the renovation of affordable senior housing operated by a housing commission located in a city with a population of between 123,000 and 124,000 and in a county with a population of between 372,000 and 373,000 according to the most recent federal decennial census.

(43) From the funds appropriated in part 1 for Michigan enhancement grants, $700,000.00 shall be awarded to a city with a population of between 15,100 and 15,300 located in a county with a population of between 1,250,000 and 1,300,000 according to the most recent federal decennial census for heating, ventilation, and air conditioning projects.

(44) From the funds appropriated in part 1 for enhancement grants, $500,000.00 shall be awarded to a children’s museum in a county with a population between 406,000 and 406,500 according to the most recent federal decennial census.

(45) From the funds appropriated in part 1 for enhancement grants, $2,000,000.00 shall be awarded to a zoo in a county with a population between 284,700 and 285,200 according to the most recent federal decennial census.

(46) From the funds appropriated in part 1 for enhancement grants, $6,000,000.00 shall be awarded to an African American history museum in a city with a population greater than 600,000 according to the most recent federal decennial census.

(47) From the funds appropriated in part 1 for enhancement grants, $800,000.00 shall be awarded to a lighthouse restoration project, involving 1 or more lighthouses, in a county with a population between 175,600 and 176,100 according to the most recent federal decennial census.

(48) From the funds appropriated in part 1 for enhancement grants, $1,000,000.00 shall be awarded to the Detroit/Wayne County Port Authority for planning activities to improve port facilities and support sustainable environmental best practices.

(49) From the funds appropriated in part 1 for Michigan enhancement grants, $800,000.00 shall be awarded to a zoo located in a city with a population between 50,000 and 53,000 according to the most recent federal decennial census to support recreational improvements to the facility.

(50) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be awarded to a township with a population between 4,100 and 4,110 in a county with a population between 26,500 and 27,000 according to the most recent federal decennial census. Of this amount, $650,000.00 must be used for infrastructure updates and pavement replacement, and $350,000.00 must be used for park improvements.

(51) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit 501(c)(3) corporation that focuses on trauma reduction in children that is located in a county with a population between 85,000 and 90,000 according to the most recent federal decennial census to support the expansion of the corporation’s facility.

(52) From the funds appropriated in part 1 for Michigan enhancement grants, $1,400,000.00 shall be awarded to a county road commission that serves a county with a population between 53,000 and 53,500 according to the most recent federal decennial census for bridge replacement.

(53) From the funds appropriated in part 1 for Michigan enhancement grants, $2,000,000.00 shall be awarded to a county road commission in a county with a population between 185,000 and 192,000 according to the most recent federal decennial census to support phase 2 of the restoration of Dixie Highway.

(54) From the funds appropriated in part 1 for Michigan enhancement grants, $11,000,000.00 shall be awarded to a public museum that is located in a city with a population between 190,000 and 200,000 in a county with a population between 600,000 and 700,000 according to the most recent federal decennial census to expand the museum according to its master plan.

(55) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a charter township with a population between 39,500 and 40,000 according to the most recent federal decennial census to support restoration of Baldwin Road.

(56) From the funds appropriated in part 1 for Michigan enhancement grants, $2,400,000.00 shall be awarded to a township with a population between 15,260 and 15,290 according to the most recent federal decennial census to support the extension of Lehman Drive and Taylor Drive.

(57) From the funds appropriated in part 1 for Michigan enhancement grants, $300,000.00 shall be awarded to a performance venue listed on the National Register of Historic Places that is located in a city with a population between 13,500 and 14,000 according to the most recent federal decennial census to support renovation of the facility.

(58) From the funds appropriated in part 1 for Michigan enhancement grants, $100,000.00 shall be awarded to a county sheriff’s department serving a county with a population between 150,000 and 154,500 according to the most recent federal decennial census to support the purchase of a patrol boat, and $100,000.00 shall be awarded to a county sheriff’s department serving a county with a population between 50,000 and 52,000 according to the most recent federal decennial census to support the purchase of a patrol boat.

(59) From the funds appropriated in part 1 for Michigan enhancement grants, $2,000,000.00 shall be awarded to a military museum that is located in a charter township with a population between 24,000 and 25,000 according to the most recent federal decennial census to improve roadways and vehicle access to the museum.

(60) From the funds appropriated in part 1 for Michigan enhancement grants, $2,000,000.00 shall be awarded to a city with a population between 5,210 and 5,240 according to the most recent federal decennial census for the improvement of the city’s downtown streetscape.

(61) From the funds appropriated in part 1 for Michigan enhancement grants, $1,800,000.00 shall be awarded to a nonprofit 501(c)(3) corporation that operates under a lease with the department of natural resources in a state recreation area located in a county with a population between 1,000,000 and 1,300,000 according to the most recent federal decennial census to support the rebuild of a historic residence.

(62) From the funds appropriated in part 1 for Michigan enhancement grants, $1,879,200.00 shall be awarded to a health system based in a city with a population between 2,300 and 2,325 in a county with a population between 10,800 and 11,000 according to the most recent federal decennial census to support the purchase and service of a surgical robot.

(63) From the funds appropriated in part 1 for Michigan enhancement grants, $339,300.00 shall be awarded to a nonprofit 501(c)(3) corporation that transcribes documents into braille and that is located in a city with a population between 31,000 and 32,000 according to the most recent federal decennial census to support new or existing services.

(64) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be awarded to a nonprofit 501(c)(3) corporation founded in 1985 that focuses on economic development and business services and that is located in a city with a population between 42,000 and 43,000 according to the most recent federal decennial census for road work, utility work, purchase of easements, and other site preparation for an industrial park.

(65) From the funds appropriated in part 1 for Michigan enhancement grants, $4,500,000.00 shall be awarded to the Michigan capitol commission to support construction of an equipment garage on the grounds of the State Capitol Building.

(66) From the funds appropriated in part 1 for Michigan enhancement grants, $4,381,000.00 shall be awarded to a city with a population between 20,646 and 21,000 according to the most recent federal decennial census to support environmental remediation.

(67) From the funds appropriated in part 1 for Michigan enhancement grants, $5,000,000.00 shall be awarded to a company that provides school transportation services that was originally founded prior to 1960 and is based in a county with a population between 275,000 and 290,000 according to the most recent federal decennial census to hire at least 350 and retain at least 150 school bus drivers.

(68) From the funds appropriated in part 1 for Michigan enhancement grants, $8,500,000.00 shall be awarded to a nonprofit that advocates for the fitness industry to provide grants to health and fitness businesses in this state to promote health and wellness.

(69) From the funds appropriated in part 1 for Michigan enhancement grants, $250,000.00 shall be awarded to a charter township with a population between 49,000 and 50,000 according to the most recent federal decennial census to support the renovation of walking paths and upgrades for a park.

(70) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit that provides residential treatment, foster care, adoption, independent living services, transitional housing, charter schooling, senior services, and community-based services for children, families, and adults, that was founded prior to 1920 that is based in a charter township with a population between 49,000 and 50,000 and that also operates a location in a city with a population greater than 600,000 according to the most recent federal decennial census for a pediatric mental health and wellness center and day treatment and respite center.

(71) From the funds appropriated in part 1 for Michigan enhancement grants, $950,000.00 shall be awarded to a nonprofit 501(c)(3) corporation that was founded prior to 1997, that began operating in this state after 2009, that provides low-income schools with year-round support services and conducts professional development workshops for schools and youth organizations, and that is located in a city with a population greater than 600,000 according to the most recent federal decennial census to expand current programming.

(72) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit 501(c)(3) corporation that operates in more than 6 counties, provides foster parenting and adoption services, and operates a location in a city with a population between 80,000 and 82,000 according to the most recent federal decennial census to help families succeed and avoid negative involvement in the child welfare system.

(73) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit 501(c)(3) corporation founded after 2013 that operates a facility originally constructed prior to 1925 that provides sports, fitness, community, and creative arts opportunities located in a city with a population between 80,000 and 82,000 according to the most recent federal decennial census to support additional programming for sports and field activities.

(74) From the funds appropriated in part 1 for Michigan enhancement grants, $250,000.00 shall be awarded to a county sheriff serving a county with a population between 400,000 and 500,000 according to the most recent federal decennial census for a program to help inmates obtain an educational certificate or learn a skilled trade.

(75) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit 501(c)(3) corporation that offers free year-round programming for children ages 5 through 17, was founded after 2014, operates a facility that was originally constructed prior to 1922, and is located in a city with a population between 80,000 and 82,000 according to the most recent federal decennial census to support a youth sports facility.

(76) From the funds appropriated in part 1 for Michigan enhancement grants, $250,000.00 shall be awarded to a nonprofit 501(c)(3) corporation founded prior to 1999, that is a part of a larger network of organizations that provide programming and services to children and teenagers, and that is located in a city with a population between 80,000 and 82,000 according to the most recent federal decennial census to support the replacement of a boiler and make other facility and grounds improvements.

(77) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit community center that provides suicide awareness and youth and family community outreach programming, and that is located in a city with a population between 80,000 and 82,000 according to the most recent federal decennial census to support new or existing services.

(78) From the funds appropriated in part 1 for Michigan enhancement grants, $1,500,000.00 shall be awarded to a health network that operates multiple locations in a county with a population between 400,000 and 500,000, and a location in a county with a population between 85,000 and 90,000, according to the most recent federal decennial census, and that received nonprofit 501(c)(3) status after 1980 and prior to 1985 to increase access to medical care for the underserved.

(79) From the funds appropriated in part 1 for Michigan enhancement grants, $250,000.00 shall be awarded to a nonprofit 501(c)(3) corporation founded prior to 1992 that provides families, children, and homeless persons with emergency food and supplies as well as other services, and that is located in a city with a population between 80,000 and 82,000 according to the most recent federal decennial census to expand programming and make facility improvements.

(80) From the funds appropriated in part 1 for Michigan enhancement grants, $150,000.00 shall be awarded to a nonprofit 501(c)(3) that was founded prior to 2003, that opened a food pantry after 2013, and that is headquartered in a city with a population between 8,050 and 8,100 according to the most recent federal decennial census to expand services through the purchase of building space, and other program improvements.

(81) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit 501(c)(3) that provides food access services in at least 3 counties, has gross annual revenue exceeding $50,000,000.00 in the corporation’s most recent completed fiscal year, and is headquartered in a city with a population greater than 600,000 according to the most recent federal decennial census to expand services through the purchase of building space, and other program improvements.

(82) From the funds appropriated in part 1 for Michigan enhancement grants, $250,000.00 shall be provided to a county sheriff serving a county with a population between 1,000,000 and 1,500,000 according to the most recent federal decennial census for increased marine patrols.

(83) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be provided to a city with a population between 9,350 and 9,400 according to the most recent federal decennial census for 4 rail grade projects.

(84) From the funds appropriated in part 1 for Michigan enhancement grants, $300,000.00 shall be awarded to a nonprofit that provides employee support services, is over 60.0% funded by member organizations, was founded prior to 2004, and is located in a city with a population between 76,400 and 76,600 according to the most recent federal decennial census to expand existing employee support services.

(85) From the funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall be awarded to a nonprofit 501(c)(3) that provides health care, wellness, and social services at more than 10 locations, was founded prior to 1910, and is headquartered in a city with a population greater than 600,000 according to the most recent federal decennial census to provide health screenings and promote community wellness.

(86) From the funds appropriated in part 1 for Michigan enhancement grants, $1,200,000.00 shall be provided to a city with a population between 26,000 and 27,000 according to the most recent federal decennial census for capital improvements to a library.

(87) From the funds appropriated in part 1 for Michigan enhancement grants, $250,000.00 shall be awarded to a nonprofit 501(c)(3) that advocates for the Arab-American community, was founded prior to 2012, and is located in a city with a population between 100,000 and 110,000 according to the most recent federal decennial census for the continuation of program services.

(88) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be awarded to a nonprofit 501(c)(3) that provides physical and behavioral health services and community and cultural wellness services, was founded prior to 1979, and is located in a city with a population greater than 600,000 according to the most recent federal decennial census for the expansion of a health care facility.

(89) From the funds appropriated in part 1 for Michigan enhancement grants, $300,000.00 shall be awarded to a nonprofit that provides opportunities for youth baseball and is located in a city with a population between 63,400 and 64,000 according to the most recent federal decennial census for the improvement of sports facilities.

(90) From the funds appropriated in part 1 for Michigan enhancement grants, $250,000.00 shall be awarded to a city with a population between 3,200 and 3,250 according to the most recent federal decennial census for wastewater treatment plant improvements.

(91) From the funds appropriated in part 1 for Michigan enhancement grants, $5,000,000.00 shall be provided to a mental health authority serving 3 counties with a combined population between 473,000 and 475,000 according to the most recent federal decennial census to increase crisis stabilization capacity.

(92) From the funds appropriated in part 1 for Michigan enhancement grants, $350,000.00 shall be awarded to a nonprofit 501(c)(3) that provides nutrition, health care, dental, drug rehabilitation, counseling, and mentoring services, and is located in a city with a population between 110,000 and 120,000 according to the most recent federal decennial census to expand wellness and mentoring services.

(93) From the funds appropriated in part 1 for Michigan enhancement grants, $900,000.00 shall be awarded to the department of health and human services to support hospice room and board costs.

(94) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be awarded to a nonprofit 501(c)(3) that provides health care, wellness, housing, and other services to lesbian, gay, bi-attractional, transgender, and questioning youth and young adults, was founded prior to 2000, and is located in a city with a population greater than 600,000 according to the most recent federal decennial census to assist with completion of a supported housing project.

(95) From the funds appropriated in part 1 for Michigan enhancement grants, $3,500,000.00 shall be awarded to a nonprofit 501(c)(3) that provides supportive housing to formerly homeless persons, was founded in 1992, and is located in a city with a population between 120,000 and 125,000 according to the most recent federal decennial census to support new or existing services.

(96) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be awarded to a nonprofit 501(c)(3) corporation that advocates and promotes a healthier environment, job creation, financial independence, safety, and neighborhood revitalization, was founded in 1981, and is located in a city with a population between 70,000 and 75,000 according to the most recent federal decennial census to support construction of new housing and to support career training programs.

(97) From the funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be awarded to a county with a population between 1,000,000 and 1,500,000 according to the most recent federal decennial census for the construction of electric vehicle charging stations on a university campus within that county and on county-owned properties.

(98) From the funds appropriated in part 1 for Michigan enhancement grants, $600,000.00 shall be awarded to a city with a population between 34,000 and 34,350 according to the most recent federal decennial census for the purchase of a fire truck.

(99) From the funds appropriated in part 1 for Michigan enhancement grants, the department shall allocate $500,000.00 to a nonprofit organization 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 is located in a county with a population between 160,000 and 160,370 according to the most recent federal decennial census, for operational use as it relates to the state’s mission regarding substance use disorder and opioid abuse. To be eligible to receive funding, the organization must have a stated mission to educate the community on opiate abuse and provide support for families and those suffering addiction.

(100) From the funds appropriated in part 1 for Michigan enhancement grants, $40,000,000.00 must be allocated to a city with a population greater than 600,000 according to the most recent federal decennial census for a 29-mile recreational greenway project connecting multiple neighborhoods and municipalities that promotes and enhances public recreation, equity, tourism, and economic development and recovery.

 

Sec. 1094l. (1) From the funds appropriated in part 1 for Michigan infrastructure grants, $32,000,000.00 shall be allocated to a county with a population of between 800,000 and 900,000 according to the most recent federal decennial census for the reconstruction of Mound Road.

(2) From the funds appropriated in part 1 for Michigan infrastructure grants, $35,000,000.00 shall be allocated to the department of natural resources for improvements to Mackinac Island state park. Of this amount, the department of natural resources shall allocate $30,000,000.00 to reduce the park’s maintenance and repair backlog, $3,000,000.00 for the completion of the visitors center at Arch Rock, and $2,000,000.00 for the renovation of a scout barracks within the park. The unexpended funds described under this subsection are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this subsection until the project has been completed.

(3) From the funds appropriated in part 1 for Michigan infrastructure grants, $5,000,000.00 shall be allocated to a nonprofit 501(c)(3) health system located in a city with a population of between 42,000 and 43,000 according to the most recent federal decennial census for boiler, electrical, or other facility upgrades.

(4) From the funds appropriated in part 1 for Michigan infrastructure grants, $20,000,000.00 shall be allocated to a for-profit children’s hospital located in a city with a population greater than 600,000 according to the most recent federal decennial census for operational needs of the hospital.

(5) From the funds appropriated in part 1 for Michigan infrastructure grants, $14,000,000.00 shall be allocated to a marine transportation authority in a county with a population of between 26,000 and 26,500 according to the most recent federal decennial census for the purchase of a passenger ferry.

(6) From the funds appropriated in part 1 for Michigan infrastructure grants, $1,000,000.00 shall be allocated to the department of transportation to conduct a planning and engineering phase II study as required by the Federal Railroad Administration for future passenger rail service between Ann Arbor, Michigan and Traverse City, Michigan. The study must outline capital infrastructure needs, update market and ridership forecasts, and update industry analysis of rail development. The funding must also enable community engagement, outreach, and feedback with communities along the proposed passenger rail corridor.

(7) From the funds appropriated in part 1 for Michigan infrastructure grants, $5,000,000.00 shall be allocated to a city with a population of between 2,310 and 2,325 according to the most recent federal decennial census for improvements for water system upgrades.

(8) From the funds appropriated in part 1 for Michigan infrastructure grants, $1,000,000.00 shall be allocated to a village with a population between 1,840 and 1,860 according to the most recent federal decennial census for extension of the village’s water and wastewater systems.

(9) From the funds appropriated in part 1 for Michigan infrastructure grants, $12,000,000.00 shall be allocated to a nonprofit 501(c)(3) corporation founded in 1968 that provides athletic competition opportunities to intellectually disabled children and adults and is headquartered in a city with a population of between 21,000 and 21,700 according to the most recent federal decennial census to renovate a building for athletic competition.

(10) From the funds appropriated in part 1 for Michigan infrastructure grants, $25,000,000.00 shall be allocated to a county with a population of between 800,000 and 900,000 according to the most recent federal decennial census for capital investment and improvements to county health department facilities.

(11) From the funds appropriated in part 1 for Michigan infrastructure grants, $10,000,000.00 shall be allocated to a rehabilitation hospital originally established in 1911 that is headquartered in a city with a population of between 190,000 and 200,000 according to the most recent federal decennial census for construction of a children’s rehabilitation hospital.

(12) From the funds appropriated in part 1 for Michigan infrastructure grants, $10,000,000.00 shall be allocated to a nonprofit 501(c)(3) corporation founded in 1996 that provides acculturation, community development, and cultural preservation services and that is located in a city with a population of between 130,000 and 135,000 according to the most recent federal decennial census to support construction of a new facility that will provide workforce development, housing, social services, or other services.

(13) From the funds appropriated in part 1 for Michigan infrastructure grants, $800,000.00 shall be allocated to a 501(c)(4) property owners association that experienced damage to a dam spillway in 2020 and that is located in a county with a population of between 15,000 and 15,025 according to the most recent federal decennial census for dam spillway repairs.

(14) From the funds appropriated in part 1 for Michigan infrastructure grants, $20,000,000.00 shall be allocated to a nonprofit 501(c)(3) corporation that is a nature conservancy headquartered in a city with a population of greater than 600,000 according to the most recent federal decennial census for restoration of river front land in a county with a population between 300,000 and 400,000 according to the most recent federal decennial census.

(15) From the funds appropriated in part 1 for Michigan infrastructure grants, $15,000,000.00 shall be allocated to a nonprofit 501(c)(3) corporation that focuses on economic development, received tax-exempt status in 2018, and is located in a city with a population of between 20,500 and 20,640 according to the most recent federal decennial census to provide new workforce housing stock, child care, broadband, and talent attraction.

(16) From the funds appropriated in part 1 for Michigan infrastructure grants, $2,000,000.00 shall be allocated to a nonprofit 501(c)(3) corporation that is located in a city with a population of between 15,500 and 15,690 according to the most recent federal decennial census to purchase and renovate a building for curling.

(17) From the funds appropriated in part 1 for Michigan infrastructure grants, $5,000,000.00 shall be allocated to a port authority located in a county with a population of between 154,500 and 160,000 according to the most recent federal decennial census to construct and rehabilitate critical infrastructure.

 

Sec. 1094m. (1) From the funds appropriated in part 1 for economic development and workforce grants, $28,000,000.00 shall be awarded for business incubator activities. The funds shall be allocated as follows:

(a) $20,000,000.00 shall be awarded to an international business accelerator located in a city with a population of between 83,500 and 84,000 and in a county with a population of between 1,250,000 and 1,300,000 according to the most recent federal decennial census that supports the growth of the Michigan economy by attracting top international entrepreneurs to establish their companies in Michigan with a focus on next-generation medical services and equipment; agriculture; engineering, design, and development; and other technology-focused industries. Funds shall be used for the establishment of the accelerator and operating support.

(b) $8,000,000.00 shall be awarded to a nonprofit economic development organization that connects businesses to the resources they need to grow and that is located in a city with a population of between 5,700 and 5,725 and in a county with a population of between 295,000 and 297,000 according to the most recent federal decennial census for the development and operation of a business incubator program or facility.

(2) From the funds appropriated in part 1 for economic development and workforce grants, $15,000,000.00 shall be awarded to a township with a population of between 7,000 and 7,100 located in a county with a population of between 370,000 and 375,000 according to the most recent federal decennial census with a current utility system project underway to provide infrastructure for all necessary public utilities, including sanitary, stormwater, and freshwater systems; electricity and gas installation; and the acquisition of land needed for the system or project.

(3) From the funds appropriated in part 1 for economic development and workforce grants, $15,000,000.00 shall be awarded to the Clare-Gladwin regional education service district for the construction of a career and technical education center.

(4) From the funds appropriated in part 1 for economic development and workforce grants, $13,000,000.00 shall be awarded to a city with a population of between 52,000 and 53,000 located in a county with a population of between 134,000 and 135,000 according to the most recent federal decennial census to support activities associated with a river restoration project.

(5) From the funds appropriated in part 1 for economic development and workforce grants, $30,000,000.00 shall be awarded to a county convention and arena authority located in a county with a population of between 650,000 and 660,000 according to the most recent federal decennial census for amphitheater construction and renovations.

(6) From the funds appropriated in part 1 for economic development and workforce grants, $8,000,000.00 shall be awarded to the LIUNA training of Michigan fund to assist with building and retaining a Michigan-based laborer workforce, which includes, but is not limited to, funding for training curriculum; supplies, materials, and equipment; improvements to its training institutes and other real or personal property used for training purposes; instructional costs; COVID-19 costs incurred on or after March 10, 2020; and any other necessary costs incurred to maintain or improve training services.

(7) From the funds appropriated in part 1 for economic development and workforce grants, $8,000,000.00 shall be awarded for construction career center grants. The funds shall be allocated as follows:

(a) $2,000,000.00 shall be awarded to a nonprofit serving as a comprehensive construction career center offering outreach, recruitment, and education for individuals pursuing a career in construction, and for those already in the field. The funds must be used for the construction, renovation, and equipping of comprehensive training and education facilities utilized to promote outreach, recruitment, and education for the construction trades. The nonprofit must be headquartered in a county with a population of between 650,000 and 660,000 and in a city with a population greater than 190,000 according to the most recent federal decennial census.

(b) $3,000,000.00 shall be awarded to a nonprofit serving as a comprehensive construction career center offering outreach, recruitment, and education for individuals pursuing a career in construction, and for those already in the field. The funds must be used for the construction, renovation, and equipping of comprehensive training and education facilities utilized to promote outreach, recruitment, and education for the construction trades. The nonprofit must be headquartered in a county with a population of between 83,000 and 84,000 and in a city with a population of between 42,000 and 43,000 according to the most recent federal decennial census.

(c) $3,000,000.00 shall be awarded to a nonprofit serving as a comprehensive construction career center offering outreach, recruitment, and education for individuals pursuing a career in construction, and for those already in the field. The funds must be used for the construction, renovation, and equipping of comprehensive training and education facilities utilized to promote outreach, recruitment, and education for the construction trades. The nonprofit must be headquartered in a county with a population of between 1,250,000 and 1,300,000 and in a city with a population of between 28,400 and 28,500 according to the most recent federal decennial census.

(8) From the funds appropriated in part 1 for economic development and workforce grants, $5,000,000.00 shall be awarded to a nonprofit organization in a city with a population greater than 600,000 according to the most recent federal decennial census focused on equitable local, regional, and statewide economic growth through immigrant inclusion, for programs including, but not limited to, marketing and attracting, licensing, credentialing, placing, training, and accessing education to international entrepreneurs, companies and startups, professionals, and students.

(9) From the funds appropriated in part 1 for economic development and workforce grants, $10,000,000.00 shall be used by the department for sector strategies in key industries to support the creation of good and promising jobs that make Michigan’s economy more resilient by addressing talent shortages in current and future growth sectors in every region of the state. Funds may be used for, but are not limited to, convening and developing employer-led collaboratives to address talent gaps, as well as for training and activities proposed by employer-led collaboratives to address identified workforce needs. Up to 3% of the funds appropriated for this section may be retained by the department for administration.

(10) From the funds appropriated in part 1 for economic development and workforce grants, $10,000,000.00 shall be used by the department for the employment, reemployment, and removal of barriers for at-risk individuals, including the asset limited income constrained employed population, as defined by the United Way. Employment supports and barrier removal may include, but are not limited to, services focused on transportation, child care, clothing needs, tools for work, and other barriers that prevent individuals from entering and staying in the workforce. Up to 3% of the funds appropriated for this section may be retained by the department for administration.

(11) From the funds appropriated in part 1 for economic development and workforce grants, $500,000.00 shall be awarded to a national, nonprofit program that connects National Guard, reserve, retired, and transitioning active-duty military service members with skilled training and quality career opportunities in the construction industry. Grant funding must be used to recruit and assist veterans to transition into apprenticeship programs in this state.

(12) From the funds appropriated in part 1 for economic development and workforce grants, $10,000,000.00 shall be awarded to a nonprofit 501(c)(3) corporation with demonstrated effectiveness in the administration of an apprenticeship readiness program that increases the state’s talent pool in building trades and construction, or other skilled trades occupations. The demonstrated effectiveness must include prior experience in administering programs in multiple regions in Michigan. The apprenticeship readiness program shall enroll Michigan residents into pre-apprenticeship training that will assist them in achieving employment in the expanding building trades and construction industry, or skilled trades occupations in other industries. The program shall prioritize pre‑apprenticeship training in economically distressed communities and target residents from underrepresented populations, including, but not limited to, unemployed, underemployed, low-income, minorities, and women, providing them with the skills needed for immediate entry into federally registered apprenticeship programs with contractors in the building trades and construction industry, or skilled trades occupations in other industries.

(13) From the funds appropriated in part 1 for economic development and workforce grants, $5,000,000.00 shall be awarded to a regional skilled trades council focused on engaging K-12 students, teachers, and counselors to expand awareness around skilled trades opportunities and careers, and the ability to engage with industry professionals.

(14) From the funds appropriated in part 1 for economic development and workforce grants, $5,000,000.00 shall be awarded to a downtown development authority in a city with a population between 112,500 and 113,000 according to the most recent federal decennial census to support the community toward financial stability and economic recovery from 1 or more of the following:

(a) The departure or disinvestment of employers and their workforces from their community.

(b) Employment decreases in the community from the transition to remote work or business closures.

(c) An increase in commercial building vacancies or drop in commercial property values in the area.

(15) From the funds appropriated in part 1 for economic development and workforce grants, $6,000,000.00 shall be allocated to a city with a population between 10,150 and 10,200 according to the most recent federal decennial census for improvements to the city’s drinking water system.

(16) From the funds appropriated in part 1 for economic development and workforce grants, $3,500,000.00 shall be allocated to a city with a population between 4,250 and 4,290 according to the most recent federal decennial census for improvements to the city’s wastewater treatment plant.

(17) From the funds appropriated in part 1 for economic development and workforce grants, $20,000,000.00 shall be allocated to a charter township with a population between 38,250 and 39,000 according to the most recent federal decennial census for wastewater pipeline upgrades.

(18) From the funds appropriated in part 1 for economic development and workforce grants, $10,000,000.00 shall be allocated to a charter township with a population between 40,000 and 42,000 according to the most recent federal decennial census for improvements to the township’s wastewater treatment plant to assist with economic development and expansion in the region.

(19) From the funds appropriated in part 1 for economic development and workforce grants, $12,500,000.00 shall be allocated to a commission on aging serving a county with a population between 10,000 and 10,800 according to the most recent federal decennial census for the construction of a community hub.

(20) From the funds appropriated in part 1 for economic development and workforce grants, $10,000,000.00 shall be allocated to a city with a population between 2,480 and 2,500 according to the most recent federal decennial census for improvements to the city’s water treatment system.

(21) From the funds appropriated in part 1 for economic development and workforce grants, $2,125,000.00 shall be allocated to a city with a population between 630 and 640 according to the most recent federal decennial census for drinking water system improvements.

(22) From the funds appropriated in part 1 for economic development and workforce grants, $240,000.00 shall be allocated to a county with a population between 800,000 and 900,000 according to the most recent federal decennial census for the construction of a culvert to allow pedestrian access to a county park.

(23) From the funds appropriated in part 1 for economic development and workforce grants, $2,750,000.00 shall be awarded to a live performance venue originally constructed prior to 1931 that is located in a city with a population between 30,000 and 32,000 according to the most recent federal decennial census.

(24) From the funds appropriated in part 1 for economic development and workforce grants, $6,000,000.00 shall be allocated to the housing commission of a city with a population between 15,600 and 15,690 according to the most recent federal decennial census for the construction or upgrade of affordable housing facilities.

(25) From the funds appropriated in part 1 for economic development and workforce grants, $7,000,000.00 shall be allocated to a city with a population between 15,600 and 15,690 according to the most recent federal decennial census for the construction of a multi-use community center.

(26) From the funds appropriated in part 1 for economic development and workforce grants, $3,860,000.00 shall be allocated to a nonprofit 501(c)(3) corporation that provides social and mental health services, had gross revenues exceeding $10,000,000.00 in its most recently completed fiscal year, and is headquartered in a city with a population between 190,000 and 200,000 according to the most recent federal decennial census for the construction of affordable housing in a city with a population between 10,150 and 10,250 according to the most recent federal decennial census.

(27) From the funds appropriated in part 1 for economic development and workforce grants, $5,000,000.00 shall be awarded to support a community center located in a county with a population between 83,000 and 84,000 according to the most recent federal decennial census.

 

Sec. 1094n. From the funds appropriated in part 1 for cancer institute project, the department of labor and economic opportunity shall allocate $100,000,000.00 to a research university located in a city with a population over 500,000 according to the most recent federal decennial census. The funding shall be allocated to the university’s school of medicine to partner with a cancer institute on the project. The university shall provide information on request to the chairpersons of the relevant appropriations subcommittees, the house and senate fiscal agencies, and the state budget director on the use of these funds until the project is completed.

 

Sec. 1094o. (1) From the funding appropriated in part 1 for electric vehicle teaching, training, and development center, the department of labor and economic opportunity shall allocate $130,000,000.00 general fund/general purpose funding for an electric vehicle teaching, training, and development center located at a research university located in a city with a population between 123,850 and 123,900 according to the most recent federal decennial census.

(2) The university shall submit a report by September 30 of the current fiscal year to the chairpersons of the relevant appropriations subcommittees, the house and senate fiscal agencies, and the state budget director. The report shall include information that details how awarded funds were spent, a brief description of projects undertaken by the center, a description of how awarded funds increased educational opportunities specific to electric vehicles, and associated timelines and milestones in the development of an economic development strategy within this state that addresses the emerging electric vehicle market through research, development, and manufacturing jobs.

 

Sec. 1094p. It is the intent of the legislature that the state budget director designate $850,000.00 appropriated for Michigan infrastructure grants under 2021 PA 87 as a work project pursuant to section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, for the purposes described in section 1095(11) of article 5 of 2021 PA 87. 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 fund the remediation of a dam and walkway.

(b) The projects will be accomplished by utilizing local employees or contracts with private vendors, or both.

(c) The total estimated cost of the project is $850,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 1094q. (1) From the funds appropriated in part 1 for academic research building, the department of labor and economic opportunity shall utilize funds to support a combined research, education, and entrepreneurship initiative anchored by an academic research building in partnership with at least 1 public university, located in a city with a population of between 620,000 and 640,000 according to the most recent federal decennial census. Programs, certifications, and degrees associated with the academic research building shall focus on high-tech research, education, and innovation with the goal of serving as an economic development catalyst and a pipeline for new and recharged talent in this state.

(2) The department of labor and economic opportunity shall award funds under this section to a nonprofit organization affiliated with the initiative. To receive funding under this section, the nonprofit organization affiliated with the initiative shall demonstrate a financial commitment from the initiative or affiliated partners of no less than the funding awarded under this section. The financial commitment shall include plans to ensure the initiative is sustainably funded with ongoing commitments from affiliated partners.

(3) Before the disbursement of funds, the department of labor and economic opportunity shall ensure the grant recipient submits plans and satisfactorily demonstrates at least the following commitments from the initiative where the academic research building will be located:

(a) Plans to expand higher education, employment, and entrepreneurship opportunities in the community and region in which the initiative is located.

(b) Plans for the development of business and technology incubators, research opportunities in critical industries, and emerging technologies that support economic diversification.

(c) Commitment to collaboration with local education, business, and community institutions to increase the availability of workforce training and certification programs.

(d) Identification of project support from education, business, and community partners.

(e) Inclusion of new housing units located at or adjacent to the initiative, including community green spaces.

(f) Construction of a new academic research building that will be owned and operated by a public university as part of the initiative.

(g) Commitment that the initiative will break ground on the project no later than 2023, and provides a construction schedule and planning and engineering documents as requested by the department of labor and economic opportunity.

(4) The department of labor and economic opportunity shall ensure the grant recipient provides regular progress reports on the status of the initiative and completes the plans submitted in subsection (2) required to receive funding.

(5) The department of labor and economic opportunity shall make progress reports publicly available and ensure any trade secrets or proprietary information of the initiative or its affiliated partners is not disclosed.

 

Sec. 1096. (1) From the funds appropriated in part 1 for Michigan enhancement grants, Michigan infrastructure grants, and economic development and workforce grants, the department shall execute a grant agreement with each recipient, pursuant to subsection (2). All grant funds are considered direct appropriations and, subject to receipt of all information under subsections (2) and (3), shall be disbursed by the department, as determined by the grant agreement. Any funds that are granted to a state department are appropriated in that department for the purpose of the intended grant. An initial disbursement of 50% shall be provided to the grantee upon execution of the grant agreement.

(2) The department shall execute a grant agreement with each recipient in order to receive funding. The grant agreement shall include, but is not limited to, all of the following:

(a) All necessary identifying information for the recipient, including any necessary tax identification information.

(b) A description of the project for which the grant funds will be expended, including tentative timelines and the estimated budget. No expenditures outside of the project purpose, as stated in the executed grant agreement, shall be reimbursed from appropriations in part 1. Funds appropriated in part 1 may only be used for expenditures that occur on or after the effective date of this act, unless specifically authorized in section 1094k, section 1094l, or section 1094m.

(c) A requirement that after the initial 50% disbursement, additional funds shall only be disbursed after verification that the initial payment has been fully expended, in accordance with the project purpose. The remaining funds shall be disbursed in a manner specified in the grant agreement. The grantee must provide sufficient documentation, as determined by the department, to verify that all expenditures were made in accordance with the project purpose.

(d) A requirement for quarterly reports from the recipient to the department that provide the status of the project and an accounting of all funds expended by the recipient.

(e) A claw-back provision that allows this state to recoup or otherwise collect any funds that are declined, unspent, or otherwise misused.

(3) The grantee shall respond to all reasonable information requests from the department related to grant expenditures and retain grant records for a period of not less than 3 years, and the grant may be subject to audit and site visits as determined by the department. The grant agreement required under subsection (2) shall include signed assurance by the chief executive officer or other executive officer of the grant recipient that this requirement will be met.

(4) All funds awarded shall be expended by the recipient, and projects completed, by September 30, 2026. If at that time, as evidenced by the quarterly reports, any unexpended funds remain, those funds shall be returned by the grantee to the state treasury. The state budget director may, on a case-by-case basis, extend this deadline, upon request by a grant recipient.

(5) If a grantee does not provide information sufficient to execute a grant agreement by May 1, 2023, funds associated with that grant shall be returned to the state treasury.

(6) The department shall provide quarterly updates on the accounting and status of each project to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office.

 

Sec. 1097. (1) From the funds appropriated in part 1 for Michigan community development financial institution fund grants, $75,000,000.00 is for grants to eligible community development financial institutions under this section. The legislature finds and declares that the appropriation described in this section is for a public purpose, including promoting community economic revitalization and community development through community financial institutions.

(2) Within 84 days after the effective date of this act, the Michigan strategic fund shall develop a grant application, approval, agreement, and compliance process consistent with this section adopted by a resolution of the board and published and available on the Michigan strategic fund’s website.

(3) The application required under subsection (2) must include all of the following:

(a) The name of the community development financial institution applying for a grant.

(b) The location of the principal office of the applicant.

(c) Documentation indicating whether the applicant is a Michigan CDFI or a multistate CDFI.

(d) The amount of the grant sought, not to exceed the maximum eligible amount of the grant under subsections (4) to (6).

(e) If the community development financial institution is a depository institution, the net assets of the depository institution.

(f) If the community development financial institution is not a depository institution, the amount of qualifying commitments made by the community development financial institution during the 3 calendar years immediately preceding the calendar year in which the application is submitted.

(g) A description of the applicant’s eligibility for funding under subsections (4) to (6).

(h) A description of the proposed use of the grant award by the applicant for eligible activities consistent with the requirements of this section and the community development banking and institutions act of 1994, 12 USC 4701 to 4719.

(i) Documentation of the applicant’s certification as a community development financial institution that meets the eligibility requirements under 12 CFR 1805.201, by the community development financial institutions fund established under section 104 of the community development banking and institutions act of 1994, 12 USC 4703. The documentation required by this subsection may include the list of community development financial institutions in good standing maintained and published by the federal fund.

(j) A statement that the applicant is in compliance with all requirements applicable to the applicant under the community development banking and institutions act of 1994, 12 USC 4701 to 4719.

(4) A community development financial institution that is a depository institution is eligible for a grant award in the following amounts:

(a) Up to $2,000,000.00 if the depository institution has total net assets of less than $500,000,000.00.

(b) Up to $3,000,000.00 if the depository institution has total net assets of between $500,000,000.00 to $999,999,999.99.

(c) Up to $4,000,000.00 if the depository institution has total net assets of between $1,000,000,000.00 to $1,999,999,999.99.

(d) Up to $5,000,000.00 if the depository institution has total net assets of $2,000,000,000.00 or more.

(5) Except as otherwise provided in subsection (6), a community development financial institution is eligible for a grant award in the following amount:

(a) Up to $1,000,000.00 if the community development financial institution made qualifying commitments in an amount that averaged less than $1,000,000.00 per year during the 3 calendar years immediately preceding the calendar year in which an application for a grant is submitted.

(b) Up to $3,000,000.00 if the community development financial institution made qualifying commitments in an amount that averaged from between $1,000,000.00 to $3,999,999.99 per year during the 3 calendar years immediately preceding the calendar year in which an application for a grant is submitted.

(c) Up to $5,000,000.00 if the community development financial institution made qualifying commitments in an amount that averaged from $4,000,000.00 to $5,999,999.99 per year during the 3 calendar years immediately preceding the calendar year in which an application for a grant is submitted.

(d) Up to $7,000,000.00 if the community development financial institution made qualifying commitments in an amount that averaged from $6,000,000.00 to $9,999,999.00 per year during the 3 calendar years immediately preceding the calendar year in which an application for a grant is submitted.

(e) Up to $8,000,000.00 if the community development financial institution made qualifying commitments in an amount that averaged at least $10,000,000.00 per year during the 3 calendar years immediately preceding the calendar year in which an application for a grant is submitted.

(6) A grant to a multistate CDFI under subsection (5) must not exceed $5,000,000.00.

(7) The Michigan strategic fund shall accept initial applications for a grant under this section until April 30, 2023. The Michigan strategic fund shall approve or deny a grant application within 63 days after the receipt of an administratively complete application as determined by the Michigan strategic fund. If the application complies with the requirements of this section, the Michigan strategic fund shall approve the award of the grant in the amount requested by the applicant. The Michigan strategic fund may deny a grant application submitted under this section for only the following reasons:

(a) The applicant does not satisfy all of the requirements described in this section.

(b) Subject to subsection (9), there is insufficient money to pay the grant amount requested.

(c) The applicant is not in compliance with applicable requirements under the community development banking and institutions act of 1994, 12 USC 4701 to 4719.

(8) If the Michigan strategic fund denies an application under subsection (7), the applicant may provide additional information to the Michigan strategic fund within 7 days after the notice of denial. The Michigan strategic fund shall review and reconsider the application and additional information within 28 days.

(9) If there is an insufficient amount of money to pay the grants approved, the amount of each grant shall be reduced proportionately by the Michigan strategic fund based on the amount of money available.

(10) Upon approval of an application, the Michigan strategic fund and the applicant shall sign a written grant agreement that provides for the terms of the grant agreement. A grant agreement must include all of the following:

(a) A requirement that at least 80% of the grant award be used for financial products and financial services.

(b) A restriction that no more than 10% of the grant award be used for technical assistance activities described in 12 CFR 1805.303.

(c) A restriction that no more than 10% of the grant award be used for administration and operations.

(d) A requirement that a grant award be committed under a loan agreement or funding agreement or disbursed by the recipient within 3 years after the date that the recipient receives the grant award.

(e) A requirement that the entire amount of the grant award be expended within this state.

(f) A requirement that the grant award recipient maintain its certification as a community development financial institution under 12 CFR 1805.201, while the grant agreement is in effect.

(g) A requirement that the grant award recipient comply with all requirements applicable under the community development banking and institutions act of 1994, 12 USC 4701 to 4719, while the agreement is in effect.

(h) Provisions authorizing the Michigan strategic fund to enforce the terms of the grant agreement, including a requirement that a noncompliant recipient of a grant award repay the award.

(i) A requirement for the grant award recipient to report on activities consistent with the requirements of subsection (14).

(11) A grant agreement may provide for the community development financial institution that is the recipient of a grant award to serve as an intermediary lender to another community development financial institution consistent with the purposes of this chapter.

(12) A grant agreement must permit a grant award recipient to assign the award to an affiliate and for the affiliate to assume the obligations of the grant award recipient if the affiliate satisfies all of the following:

(a) Is a community development financial institution.

(b) Is organized in the same manner as the grant award recipient.

(c) Is controlled by the grant award recipient in 1 or both of the following ways:

(i) The grant award recipient owns a majority of the stock of the affiliate.

(ii) A majority of the members of the board of the affiliate also are members of the board of the grant award recipient.

(13) Except as otherwise provided in subsection (14), the Michigan strategic fund shall require the recipient of a grant award under this section to report annually to the Michigan strategic fund regarding its activities under this section beginning on the May 1 immediately following the calendar year in which the grant award was received by the recipient. The Michigan strategic fund shall publish on its website a standard form for the report. Except as otherwise provided in subsection (14), the report must include all of the following information:

(a) A copy of the recipient’s most recent confirmation of recertification as a community development financial institution issued by the community development financial institutions fund under 12 CFR 1805.201, which may include the list of community development financial institutions in good standing maintained and published by the federal fund.

(b) A list of financial products and services provided during the prior calendar year that includes all of the following:

(i) The name of each transaction.

(ii) A transition tracking number for each transaction.

(iii) The date of each transaction.

(iv) The amount of each transaction.

(v) The total project cost for each transaction if other funding was involved.

(vi) The physical address of the borrower or customer for each transaction.

(vii) The census tract of the borrower or customer for each transaction.

(viii) An indication of whether the census tract in which the transaction is located is an eligible investment area.

(ix) A description of the projected economic impact of the transaction.

(x) A description of any financial products or financial services provided.

(c) A description of technical assistance provided during the prior calendar year.

(d) A summary of expenditures for administration and operations provided during the prior calendar year that includes all of the following:

(i) A description of administration and operations costs incurred.

(ii) Professional fees and expenses incurred.

(iii) A summary of any other eligible expenses for administration and operation.

(14) A grant award recipient is not required to provide a report under this section for any calendar year in which it did not loan or otherwise commit or disburse grant award money. The Michigan strategic fund shall not include information in the report required under subsection (13) if information that otherwise would be included in a report under subsection (13) is either of the following:

(a) Exempt from disclosure or confidential as proprietary business or financial information under the community development banking and institutions act of 1994, 12 USC 4701 to 4719.

(b) Exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(15) Except as otherwise provided in subsection (3), not more than 4% of the appropriation provided may be used for administering the programs and activities under this section.

(16) All grants must be distributed in accordance with this section, the grant guidelines issued as part of the application process, and grant agreements between the Michigan strategic fund and grant recipients.

(17) The unexpended funds appropriated in part 1 for the Michigan community development financial institution fund grants 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 under this section for the project 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 grants to eligible community development financial institutions under this section.

(b) The project will be accomplished by grants to eligible community development financial institutions under this section.

(c) The total estimated cost of the project is $75,000,000.00.

(d) The tentative completion date is September 30, 2026.

(18) As used in this section:

(a) “CDFI fund” means the Michigan community development financial institutions fund created in subsection (1).

(b) “Community development financial institution” means that term as defined in section 103 of the community development banking and institutions act of 1994, 12 USC 4702, but is limited to a community development financial institution that satisfies all of the following:

(i) Is an entity that meets the eligibility requirements described in 12 CFR 1805.200.

(ii) Is certified as a community development financial institution that meets the eligibility requirements under 12 CFR 1805.201 by the community development financial institutions fund established under section 104 of the community development banking and institutions act of 1994, 12 USC 4703.

(iii) Maintains 1 or more physical offices within this state.

(iv) Employs 2 or more individuals at a physical office within this state, including employees of an affiliate of the community development financial institution that provides services to the community development financial institution.

(v) Is a Michigan CDFI or a multistate CDFI.

(c) “Depository institution” means any of the following:

(i) A bank as that term is defined in section 3(a) of the federal deposit insurance act, 12 USC 1813(a).

(ii) A savings association as that term is defined in section 3(b) of the federal deposit insurance act, 12 USC  1813(b).

(iii) A credit union as that term is defined in section 102 of the credit union act, 2003 PA 215, MCL 490.102.

(iv) A depository institution holding company as that term is defined in 12 CFR 1805.104.

(d) “Eligible activities” means activities described in 12 CFR 1805.301, and includes credit enhancements, loan loss reserves, and equity investments.

(e) “Federal fund” means the federal community development financial institutions fund within the United  States Department of Treasury.

(f) “Financial products” means that term as defined in 12 CFR 1805.104.

(g) “Financial services” means that term as defined in 12 CFR 1805.104.

(h) “Michigan CDFI” means a community development financial institution that satisfies all of the following:

(i) Is certified as a community development financial institution that meets the eligibility requirements under 12 CFR 1805.201 by the community development financial institutions fund established under section 104 of the community development banking and institutions act of 1994, 12 USC 4703.

(ii) Is headquartered at an address in this state, as recognized by the federal fund.

(iii) Has a target market that includes this state, as recognized by the federal fund.

(iv) Serves 1 or more targeted populations located within this state.

(i) “Multistate CDFI” means a community development financial institution that is not a Michigan CDFI but is a community development financial institution that committed under a loan agreement or other funding agreement of at least $10,000,000.00 in financial products and financial services to a target market within this state under the community development banking and institutions act of 1994, 12 USC 4701 to 4719, during the 5 calendar years preceding the calendar year in which an application for a grant is submitted.

(j) “Qualifying commitment” means funding committed by a community development financial institution under a loan agreement or other funding agreement in target markets or targeted populations in this state that is either of the following:

(i) Financial products or financial services committed under the community development banking and institutions act of 1994, 12 USC 4701 to 4719.

(ii) An additional credit enhancement, loan loss reserve, or equity investment committed by the community development financial institution or an affiliate of the community development financial institution.

(k) “Target market” means that term as defined in 12 CFR 1805.104.

(l) “Targeted population” means that term as defined in 12 CFR 1805.104.

 

Sec. 1098. From the funds appropriated in part 1 for ARP - nonprofit relief grants, the department of labor and economic opportunity shall allocate $50,000,000.00 to create a nonprofit relief grant program that awards grants to nonprofit community service organizations across this state. The program must be administered by the department of labor and economic opportunity in partnership with the Michigan nonprofit association.

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 this 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 this 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 this state an amount equal to that expended from the general fund plus interest, if any, as described 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, senate and house fiscal agencies, and state budget director a report relative to the status of construction projects associated with state building authority bonds as of September 30 of each year, on or before October 15, or not more than 30 days after a refinancing or restructuring bond issue is sold. The report shall include, but is not limited to, all of 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 2022-2023

 

Beginning Balance

Estimated Revenue

Ending Balance

OPERATING FUNDS

 

 

 

General fund/general purpose

2,493.3

11,970.4

1.9

School aid fund

535.8

18,788.0

49.4

Federal aid

0.0

26,482.6

0.0

Transportation funds

0.0

7,726.2

0.0

Special revenue funds

2,294.5

7,079.3

2,233.4

Other funds

1,457.2

33.0

1,490.2

TOTALS

$6,780.8

$72,079.5

$3,774.9

ARTICLE 6

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, 2023, from the following funds:

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

15,684.5

 

 

Average population

798.0

 

 

GROSS APPROPRIATION

 

$

33,387,315,600

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

14,696,000

ADJUSTED GROSS APPROPRIATION

 

$

33,372,619,600

Federal revenues:

 

 

 

Capped federal revenues

 

 

506,981,500

Social security act, temporary assistance for needy families

 

 

548,874,100

Total other federal revenues

 

 

22,637,893,500

Special revenue funds:

 

 

 

Total local revenues

 

 

170,002,300

Total private revenues

 

 

185,596,800

Michigan merit award trust fund

 

 

61,268,700

Total other state restricted revenues

 

 

3,071,324,100

State general fund/general purpose

 

$

6,190,678,600

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

879.4

 

 

Unclassified salaries—FTEs

6.0

$

1,336,600

Administrative hearings officers

 

 

10,004,500

Demonstration projects—FTEs

7.0

 

7,070,800

Departmental administration and management—FTEs

655.4

 

107,474,100

Legal services

 

 

12,300,000

Office of inspector general—FTEs

197.0

 

25,965,700

Property management

 

 

64,701,200

Terminal leave payments

 

 

7,092,100

Training and program support—FTEs

20.0

 

2,616,500

Warehouse operations

 

 

1,400,000

Worker’s compensation

 

 

8,682,500

GROSS APPROPRIATION

 

$

248,644,000

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of education

 

 

1,951,100

IDG from department of technology, management, and budget - office of retirement services

 

 

600

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

 

24,829,600

Capped federal revenues

 

 

18,584,800

Total other federal revenues

 

 

73,617,800

Special revenue funds:

 

 

 

Total local revenues

 

 

86,000

Total private revenues

 

 

3,847,500

Total other state restricted revenues

 

 

1,342,800

For Fiscal Year

Ending Sept. 30,

2023

State general fund/general purpose

 

$

124,383,800

Sec. 103. CHILD SUPPORT ENFORCEMENT

 

 

 

Full-time equated classified positions

193.7

 

 

Child support enforcement operations—FTEs

187.7

$

25,769,000

Child support incentive payments

 

 

24,409,600

Legal support contracts

 

 

113,600,300

State disbursement unit—FTEs

6.0

 

7,365,800

GROSS APPROPRIATION

 

$

171,144,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Capped federal revenues

 

 

14,839,600

Total other federal revenues

 

 

131,015,800

State general fund/general purpose

 

$

25,289,300

Sec. 104. COMMUNITY SERVICES AND OUTREACH

 

 

 

Full-time equated classified positions

77.6

 

 

Bureau of community services and outreach—FTEs

24.0

$

3,482,700

Child advocacy centers—FTE

0.5

 

1,407,000

Child advocacy centers - supplemental grants

 

 

2,000,000

Community services and outreach administration—FTEs

19.0

 

7,345,000

Community services block grant

 

 

25,840,000

Crime victim grants administration services—FTEs

17.0

 

3,045,200

Crime victim justice assistance grants

 

 

98,681,900

Crime victim rights services grants

 

 

19,869,900

Diaper assistance grant

 

 

4,404,400

Domestic violence prevention and treatment—FTEs

15.6

 

18,357,000

Homeless programs

 

 

24,082,500

Housing and support services

 

 

13,031,000

Human trafficking intervention services

 

 

200,000

Kids’ food basket

 

 

525,000

Rape prevention and services—FTE

0.5

 

5,097,300

Runaway and homeless youth grants

 

 

7,784,000

School success partnership program

 

 

1,525,000

Uniform statewide sexual assault evidence kit tracking system—FTE

1.0

 

369,500

Weatherization assistance

 

 

15,505,000

GROSS APPROPRIATION

 

$

252,552,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

 

22,248,700

Capped federal revenues

 

 

62,405,000

Total other federal revenues

 

 

117,597,800

Special revenue funds:

 

 

 

Child advocacy centers fund

 

 

1,407,000

Compulsive gambling prevention fund

 

 

1,040,500

Crime victim’s rights fund

 

 

18,764,100

Sexual assault victims’ prevention and treatment fund

 

 

3,000,000

State general fund/general purpose

 

$

26,089,300

Sec. 105. CHILDREN’S SERVICES AGENCY - CHILD WELFARE

 

 

 

Full-time equated classified positions

4,159.2

 

 

Adoption subsidies

 

$

214,044,400

Adoption support services—FTEs

10.0

 

53,602,300

Attorney general contract

 

 

5,191,100

Child abuse and neglect - children’s justice act—FTE

1.0

 

627,900

Child care fund

 

 

251,063,100

Child care fund - indirect cost allotment

 

 

3,500,000

For Fiscal Year

Ending Sept. 30,

2023

Child legal representation

 

$

500,000

Child protection

 

 

2,050,300

Child welfare administration travel

 

 

390,000

Child welfare field staff - noncaseload compliance—FTEs

353.0

 

41,350,200

Child welfare institute—FTEs

53.0

 

9,331,000

Child welfare licensing—FTEs

59.0

 

7,357,400

Child welfare medical/psychiatric evaluations

 

 

10,428,500

Children’s protective services - caseload staff—FTEs

1,615.0

 

171,293,200

Children’s protective services supervisors—FTEs

387.0

 

47,996,600

Children’s services administration—FTEs

207.2

 

26,153,600

Children’s trust fund—FTEs

12.0

 

4,737,600

Contractual services, supplies, and materials

 

 

9,567,600

Court-appointed special advocates

 

 

1,000,000

Education planners—FTEs

15.0

 

1,999,400

Family preservation and prevention services administration—FTEs

9.0

 

1,412,100

Family preservation programs—FTEs

34.0

 

58,035,600

Foster care payments

 

 

292,106,600

Foster care services - caseload staff—FTEs

966.0

 

98,198,500

Foster care services supervisors—FTEs

227.0

 

31,054,200

Guardianship assistance program

 

 

11,956,300

Interstate compact

 

 

179,600

Peer coaches—FTEs

45.5

 

6,291,100

Performance-based funding implementation—FTEs

3.0

 

1,363,100

Permanency resource managers—FTEs

28.0

 

3,479,500

Prosecuting attorney contracts

 

 

8,142,800

Raise the age fund

 

 

13,150,000

Second line supervisors and technical staff—FTEs

126.0

 

19,848,000

Settlement monitor

 

 

2,219,900

Strong families/safe children

 

 

12,600,000

Title IV-E compliance and accountability office—FTEs

4.0

 

458,600

Youth in transition—FTEs

4.5

 

8,192,500

GROSS APPROPRIATION

 

$

1,430,872,600

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of education

 

 

244,400

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

 

333,352,100

Capped federal revenues

 

 

107,080,700

Total other federal revenues

 

 

256,132,400

Special revenue funds:

 

 

 

Local funds - county chargeback

 

 

38,258,900

Private - collections

 

 

2,700,000

Children’s trust fund

 

 

2,895,300

Total other state restricted revenues

 

 

2,000,000

State general fund/general purpose

 

$

688,208,800

Sec. 106. CHILDREN’S SERVICES AGENCY - JUVENILE JUSTICE

 

 

 

Full-time equated classified positions

120.5

 

 

Bay Pines Center—FTEs

47.0

$

5,856,400

Committee on juvenile justice administration—FTEs

2.5

 

363,400

Committee on juvenile justice grants

 

 

3,000,000

Community support services—FTEs

3.0

 

2,137,100

County juvenile officers

 

 

3,977,600

Juvenile justice, administration and maintenance—FTEs

21.0

 

3,812,300

Shawono Center—FTEs

47.0

 

5,893,100

GROSS APPROPRIATION

 

$

25,039,900

For Fiscal Year

Ending Sept. 30,

2023

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Capped federal revenues

 

$

8,559,300

Special revenue funds:

 

 

 

Local funds - state share education funds

 

 

1,362,600

Local funds - county chargeback

 

 

4,526,800

State general fund/general purpose

 

$

10,591,200

Sec. 107. PUBLIC ASSISTANCE

 

 

 

Full-time equated classified positions

1.0

 

 

Emergency services local office allocations

 

$

8,813,500

Family independence program

 

 

56,843,900

Family independence program - supplemental payment

 

 

4,154,400

Food assistance program benefits

 

 

4,188,184,600

Food Bank Council of Michigan

 

 

2,045,000

Indigent burial

 

 

4,369,100

Legal assistance

 

 

50,000

Low-income home energy assistance program

 

 

174,951,600

Michigan energy assistance program—FTE

1.0

 

50,000,000

Refugee assistance program

 

 

3,054,200

State disability assistance payments

 

 

4,314,200

State supplementation

 

 

54,739,600

State supplementation administration

 

 

1,806,100

GROSS APPROPRIATION

 

$

4,553,326,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

 

55,861,700

Capped federal revenues

 

 

178,005,800

Total other federal revenues

 

 

4,183,474,600

Special revenue funds:

 

 

 

Child support collections

 

 

8,741,900

Low-income energy assistance fund

 

 

50,000,000

Public assistance recoupment revenue

 

 

4,820,000

Supplemental security income recoveries

 

 

1,081,100

State general fund/general purpose

 

$

71,341,100

Sec. 108. FIELD OPERATIONS AND SUPPORT SERVICES

 

 

 

Full-time equated classified positions

5,738.5

 

 

Administrative support workers—FTEs

167.0

$

14,564,000

Adult services field staff—FTEs

530.0

 

63,788,500

Contractual services, supplies, and materials

 

 

25,033,700

Donated funds positions—FTEs

238.0

 

28,530,400

Elder Law of Michigan MiCAFE contract

 

 

350,000

Electronic benefit transfer (EBT)

 

 

7,989,000

Employment and training support services

 

 

4,219,100

Field policy and administration—FTEs

124.0

 

19,518,600

Field staff travel

 

 

8,252,400

Food assistance reinvestment—FTEs

16.0

 

7,446,700

Medical/psychiatric evaluations

 

 

1,120,100

Nutrition education—FTEs

2.0

 

33,062,900

Pathways to potential—FTEs

231.0

 

25,390,700

Public assistance field staff—FTEs

4,430.5

 

487,126,200

SSI advocacy legal services grant

 

 

325,000

GROSS APPROPRIATION

 

$

726,717,300

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

For Fiscal Year

Ending Sept. 30,

2023

IDG from department of corrections

 

$

120,200

IDG from department of education

 

 

7,772,200

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

 

73,477,200

Capped federal revenues

 

 

55,236,500

Total other federal revenues

 

 

274,878,500

Special revenue funds:

 

 

 

Local funds - donated funds

 

 

4,251,200

Private funds - donated funds

 

 

9,795,000

Private revenues

 

 

250,000

State general fund/general purpose

 

$

300,936,500

Sec. 109. DISABILITY DETERMINATION SERVICES

 

 

 

Full-time equated classified positions

585.4

 

 

Disability determination operations—FTEs

581.3

$

116,419,500

Retirement disability determination—FTEs

4.1

 

636,800

GROSS APPROPRIATION

 

$

117,056,300

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of technology, management, and budget - office of retirement services

 

 

813,400

Federal revenues:

 

 

 

Total other federal revenues

 

 

112,224,900

State general fund/general purpose

 

$

4,018,000

Sec. 110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS

 

 

 

Full-time equated classified positions

69.0

 

 

Behavioral health program administration—FTEs

38.0

$

43,438,500

Community substance use disorder prevention, education, and treatment—FTEs

9.0

 

79,705,200

Family support subsidy

 

 

13,349,500

Federal and other special projects

 

 

2,535,600

Gambling addiction—FTE

1.0

 

5,518,200

Mental health diversion council

 

 

3,850,000

Michigan child collaborative care

 

 

3,000,000

Office of recipient rights—FTEs

21.0

 

2,920,100

Opioid response activities

 

 

90,355,600

Protection and advocacy services support

 

 

194,400

GROSS APPROPRIATION

 

$

244,867,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

 

13,349,500

Total other federal revenues

 

 

159,419,400

Special revenue funds:

 

 

 

Total private revenues

 

 

2,904,700

Total other state restricted revenues

 

 

31,002,400

State general fund/general purpose

 

$

38,191,100

Sec. 111. BEHAVIORAL HEALTH SERVICES

 

 

 

Full-time equated classified positions

19.0

 

 

Autism services

 

$

292,562,600

Behavioral health community supports and services—FTEs

7.0

 

43,950,800

Certified community behavioral health clinic demonstration

 

 

101,252,100

Civil service charges

 

 

297,500

Community mental health non-Medicaid services

 

 

125,578,200

Court-appointed guardian reimbursements

 

 

5,000,000

Federal mental health block grant—FTEs

4.0

 

20,462,000

For Fiscal Year

Ending Sept. 30,

2023

Health homes—FTE

1.0

$

61,337,400

Healthy Michigan plan - behavioral health

 

$

570,067,600

Medicaid mental health services

 

 

3,044,743,000

Medicaid substance use disorder services

 

 

94,321,800

Multicultural integration funding

 

 

17,284,900

Nursing home PAS/ARR-OBRA—FTEs

7.0

 

13,961,700

State disability assistance program substance use disorder services

 

 

2,018,800

GROSS APPROPRIATION

 

$

4,392,838,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

 

421,000

Capped federal revenues

 

 

184,500

Total other federal revenues

 

 

2,917,493,300

Special revenue funds:

 

 

 

Total local revenues

 

 

10,190,500

Total other state restricted revenues

 

 

52,107,500

State general fund/general purpose

 

$

1,412,441,600

Sec. 112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES

 

 

 

Full-time equated classified positions

2,545.6

 

 

Average population

798.0

 

 

Caro Regional Mental Health Center - psychiatric hospital - adult—FTEs

537.7

$

59,284,900

Average population

145.0

 

 

Center for forensic psychiatry—FTEs

622.5

 

98,443,800

Average population

240.0

 

 

Developmental disabilities council and projects—FTEs

10.0

 

3,169,400

Gifts and bequests for patient living and treatment environment

 

 

1,000,000

Hawthorn Center - psychiatric hospital - children and adolescents—FTEs

369.4

 

51,474,200

Average population

83.0

 

 

IDEA, federal special education

 

 

120,000

Kalamazoo Psychiatric Hospital - adult—FTEs

559.2

 

70,392,300

Average population

170.0

 

 

Purchase of medical services for residents of hospitals and centers

 

 

445,600

Revenue recapture

 

 

750,100

Special maintenance

 

 

924,600

State hospital administration—FTEs

34.0

 

5,592,500

Walter P. Reuther Psychiatric Hospital - adult—FTEs

412.8

 

67,773,700

Average population

160.0

 

 

GROSS APPROPRIATION

 

$

359,371,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

45,543,000

Special revenue funds:

 

 

 

Total local revenues

 

 

23,283,200

Total private revenues

 

 

1,000,000

Total other state restricted revenues

 

 

15,189,200

State general fund/general purpose

 

$

274,355,700

Sec. 113. HEALTH AND HUMAN SERVICES POLICY AND INITIATIVES

 

 

 

Full-time equated classified positions

40.7

 

 

Bone marrow donor and blood bank programs

 

$

750,000

Certificate of need program administration—FTEs

10.8

 

2,716,700

Michigan essential health provider

 

 

3,519,600

Minority health grants and contracts—FTEs

3.0

 

1,146,200

Nurse education and research program—FTEs

3.0

 

816,500

For Fiscal Year

Ending Sept. 30,

2023

Policy and planning administration—FTEs

20.9

$

2,987,300

Primary care services—FTEs

3.0

 

3,805,100

Rural health services

 

$

175,000

GROSS APPROPRIATION

 

$

15,916,400

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of education

 

 

2,400

IDG from department of licensing and regulatory affairs

 

 

816,500

IDG from department of treasury, Michigan finance authority

 

 

117,700

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

 

160,100

Capped federal revenues

 

 

13,400

Total other federal revenues

 

 

3,092,700

Special revenue funds:

 

 

 

Total private revenues

 

 

865,000

Total other state restricted revenues

 

 

3,270,200

State general fund/general purpose

 

$

7,578,400

Sec. 114. EPIDEMIOLOGY, EMERGENCY MEDICAL SERVICES, AND LABORATORY

 

 

 

Full-time equated classified positions

416.9

 

 

Bioterrorism preparedness—FTEs

53.0

$

30,841,600

Childhood lead program—FTEs

4.5

 

2,332,200

Emergency medical services program—FTEs

20.0

 

10,008,800

Epidemiology administration—FTEs

82.5

 

26,091,200

Healthy homes program—FTEs

21.0

 

32,799,400

Laboratory services—FTEs

102.0

 

29,008,000

Newborn screening follow-up and treatment services—FTEs

10.5

 

8,363,000

PFAS and environmental contamination response—FTEs

48.0

 

20,367,600

Vital records and health statistics—FTEs

75.4

 

11,412,100

GROSS APPROPRIATION

 

$

171,223,900

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of environment, Great Lakes, and energy

 

 

1,797,800

Federal revenues:

 

 

 

Capped federal revenues

 

 

81,100

Total other federal revenues

 

 

77,027,500

Special revenue funds:

 

 

 

Total private revenues

 

 

342,600

Total other state restricted revenues

 

 

29,174,400

State general fund/general purpose

 

$

62,800,500

Sec. 115. LOCAL HEALTH AND ADMINISTRATIVE SERVICES

 

 

 

Full-time equated classified positions

165.1

 

 

AIDS prevention, testing, and care programs—FTEs

59.5

$

109,609,200

Cancer prevention and control program—FTEs

18.0

 

15,870,500

Chronic disease control and health promotion administration—FTEs

28.4

 

9,573,800

Diabetes and kidney program—FTEs

8.0

 

4,135,000

Essential local public health services

 

 

51,419,300

Implementation of 1993 PA 133, MCL 333.17015

 

 

20,000

Local health services—FTEs

3.3

 

8,707,600

Medicaid outreach cost reimbursement to local health departments

 

 

12,500,000

Public health administration—FTEs

6.0

 

2,065,800

Sexually transmitted disease control program—FTEs

20.0

 

8,496,800

Smoking prevention program—FTEs

15.0

 

4,379,200

Violence prevention—FTEs

6.9

 

12,724,000

GROSS APPROPRIATION

 

$

239,501,200

For Fiscal Year

Ending Sept. 30,

2023

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

$

2,300

Total other federal revenues

 

 

90,282,500

Special revenue funds:

 

 

 

Total local revenues

 

 

5,150,000

Total private revenues

 

 

75,689,100

Total other state restricted revenues

 

 

10,135,600

State general fund/general purpose

 

$

58,241,700

Sec. 116. FAMILY HEALTH SERVICES

 

 

 

Full-time equated classified positions

137.1

 

 

Child and adolescent health care and centers

 

$

41,242,700

Dental programs—FTEs

5.3

 

7,734,400

Drinking water declaration of emergency

 

 

4,271,000

Family, maternal, and child health administration—FTEs

56.0

 

11,864,100

Family planning local agreements

 

 

8,810,700

Immunization program—FTEs

15.8

 

20,659,600

Local MCH services

 

 

7,018,100

Maternal navigator pilot program

 

 

3,000,000

Maternity home program

 

 

4,000,000

Pregnancy prevention program

 

 

1,298,800

Pregnancy resource centers

 

 

1,500,000

Prenatal care and premature birth avoidance grant

 

 

1,000,000

Prenatal care outreach and service delivery support—FTEs

15.0

 

37,561,800

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—FTEs

45.0

 

19,547,400

Women, infants, and children program local agreements and food costs

 

 

231,285,000

GROSS APPROPRIATION

 

$

407,404,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

 

700,000

Total other federal revenues

 

 

248,404,100

Special revenue funds:

 

 

 

Total local revenues

 

 

42,817,700

Total private revenues

 

 

64,785,700

Total other state restricted revenues

 

 

4,050,400

State general fund/general purpose

 

$

46,646,100

Sec. 117. CHILDREN’S SPECIAL HEALTH CARE SERVICES

 

 

 

Full-time equated classified positions

48.8

 

 

Bequests for care and services—FTEs

2.8

$

2,087,100

Children’s special health care services administration—FTEs

46.0

 

9,131,100

Medical care and treatment

 

 

286,678,900

Nonemergency medical transportation

 

 

921,200

Outreach and advocacy

 

 

5,510,000

GROSS APPROPRIATION

 

$

304,328,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

166,666,800

Special revenue funds:

 

 

 

Total private revenues

 

 

1,015,500

Total other state restricted revenues

 

 

4,933,300

State general fund/general purpose

 

$

131,712,700

For Fiscal Year

Ending Sept. 30,

2023

Sec. 118. AGING SERVICES

 

 

 

Community services

 

$

53,436,000

Employment assistance

 

 

3,500,000

Nutrition services

 

 

48,054,200

Respite care program

 

 

6,468,700

Senior volunteer service programs

 

 

4,765,300

GROSS APPROPRIATION

 

$

116,224,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

63,637,400

Special revenue funds:

 

 

 

Total private revenues

 

 

300,000

Michigan merit award trust fund

 

 

4,068,700

Total other state restricted revenues

 

 

2,000,000

State general fund/general purpose

 

$

46,218,100

Sec. 119. HEALTH AND AGING SERVICES ADMINISTRATION

 

 

 

Full-time equated classified positions

470.0

 

 

Aging services administration—FTEs

43.0

$

9,525,200

Electronic health record incentive program

 

 

8,000,000

Healthy Michigan plan administration—FTEs

33.0

 

31,826,800

Health services administration—FTEs

394.0

 

86,361,200

GROSS APPROPRIATION

 

$

135,713,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

91,852,000

Special revenue funds:

 

 

 

Total local revenues

 

 

37,700

Total private revenues

 

 

1,721,300

Total other state restricted revenues

 

 

336,300

State general fund/general purpose

 

$

41,765,900

Sec. 120. HEALTH SERVICES

 

 

 

Adult home help services

 

$

495,468,000

Ambulance services

 

 

16,391,100

Auxiliary medical services

 

 

6,844,700

Dental clinic program

 

 

1,000,000

Dental redesign

 

 

30,000,000

Dental services

 

 

406,819,900

Federal Medicare pharmaceutical program

 

 

294,602,400

Health plan services

 

 

6,287,941,700

Healthy Michigan plan

 

 

5,229,565,200

Home health services

 

 

3,383,300

Hospice services

 

 

138,384,400

Hospital disproportionate share payments

 

 

45,000,000

Hospital services and therapy

 

 

776,065,300

Integrated care organizations

 

 

381,276,900

Long-term care services

 

 

1,792,051,000

Maternal and child health

 

 

26,693,700

Medicaid home- and community-based services waiver

 

 

444,460,100

Medicare premium payments

 

 

815,902,900

Personal care services

 

 

7,414,700

Pharmaceutical services

 

 

317,782,300

Physician services

 

 

196,273,700

Program of all-inclusive care for the elderly

 

 

227,102,100

School-based services

 

 

144,326,600

For Fiscal Year

Ending Sept. 30,

2023

Special Medicaid reimbursement

 

$

344,211,900

Transportation

 

 

16,716,100

GROSS APPROPRIATION

 

$

18,445,678,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

13,273,017,300

Special revenue funds:

 

 

 

Total local revenues

 

 

40,037,700

Total private revenues

 

 

15,130,400

Michigan merit award trust fund

 

 

57,200,000

Total other state restricted revenues

 

 

2,822,021,700

State general fund/general purpose

 

$

2,238,270,900

Sec. 121. INFORMATION TECHNOLOGY

 

 

 

Full-time equated classified positions

11.0

 

 

Bridges information system

 

$

63,484,800

Child support automation

 

 

44,604,800

Comprehensive child welfare information system

 

 

3,373,200

Information technology services and projects

 

 

269,853,100

Michigan Medicaid information system—FTE

1.0

 

101,679,200

Michigan statewide automated child welfare information system

 

 

21,542,100

Technology supporting integrated service delivery—FTEs

10.0

 

16,053,100

GROSS APPROPRIATION

 

$

520,590,300

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of education

 

 

1,059,700

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

 

24,471,900

Capped federal revenues

 

 

21,990,800

Total other federal revenues

 

 

332,809,600

Special revenue funds:

 

 

 

Total private revenues

 

 

5,250,000

Total other state restricted revenues

 

 

2,010,400

State general fund/general purpose

 

$

132,997,900

Sec. 122. ONE-TIME APPROPRIATIONS

 

 

 

Full-time equated classified positions

6.0

 

 

Autism comprehensive care center

 

$

2,500,000

Behavioral health care services and facilities

 

 

170,600,000

Behavioral health patient health information tool

 

 

600,000

Behavioral health professionals for schools

 

 

1,000,000

Child advocacy centers

 

 

500,000

Child welfare day treatment pilot program

 

 

2,480,000

City of Detroit environmental monitoring

 

 

1,000,000

Clinical integration fund

 

 

25,000,000

Committee on juvenile justice grants

 

 

500,000

Community health campus pilot project

 

 

25,000,000

Community house capital grant

 

 

1,440,000

Community mental health services programs integration readiness

 

 

25,000,000

Comprehensive child welfare information system—FTEs

6.0

 

28,989,500

Domestic violence prevention and treatment

 

 

600,000

E-FMAP redetermination compliance

 

 

10,000,000

First responder and public safety staff mental health

 

 

2,500,000

Food distribution

 

 

700,000

Food security council

 

 

3,950,000

Foster care services

 

 

2,000,000

For Fiscal Year

Ending Sept. 30,

2023

Foster youth transition program grant

 

$

1,500,000

Great Lakes recovery center

 

 

250,000

Health workforce development

 

 

6,550,000

Health system project

 

 

10,000,000

Home repair and plumbing assistance grants

 

 

1,823,300

Honor psychiatric residency

 

 

1,000,000

Hospital improvement grant

 

 

6,600,000

Human trafficking victims inclusive services grant program

 

 

1,250,000

Incompass - COVID-19 grants

 

 

3,000,000

Infrastructure grants to enhance pediatric inpatient services

 

 

50,000,000

Insight behavioral health

 

 

2,500,000

Jail diversion fund

 

 

10,000,000

Kinship and the bridge

 

 

1,750,000

Mediation services

 

 

40,000

MEHP - mental health expansion

 

 

10,000,000

Multicultural integration funding

 

 

8,600,000

Narcotics awareness program

 

 

5,000,000

Parental stress and child mental health program

 

 

500,000

Pathway hub

 

 

3,400,000

Permanent supportive housing

 

 

6,000,000

Program of all-inclusive care for the elderly pandemic relief

 

 

15,500,000

Recovery community organization

 

 

150,000

Ride-to-work program

 

 

1,000,000

Safe harbor

 

 

8,333,300

School training and technical assistance

 

 

1,000,000

Senior living and healthcare expansion

 

 

1,000,000

Sickle cell center

 

 

2,500,000

Teen walk-in mental health

 

 

50,000

Unified Clinics Resiliency Center for Families and Children

 

 

750,000

Upper Peninsula robotic spinal surgery capital cost grant

 

 

2,000,000

Uterine fibroid grant

 

 

500,000

Weatherization assistance - IIJA

 

 

40,000,000

Wellness center pilot project

 

 

1,000,000

Wrap-around services

 

 

400,000

GROSS APPROPRIATION

 

$

508,306,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Capped federal revenues

 

 

40,000,000

Total other federal revenues

 

 

19,706,100

State general fund/general purpose

 

$

448,600,000

 

part 2

provisions concerning appropriations

for fiscal year 2022-2023

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 2022-2023 is $9,323,271,400.00 and state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is $1,885,152,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

 

CHILD SUPPORT ENFORCEMENT

 

 

 

Child support incentive payments

 

$

10,857,300

For Fiscal Year

Ending Sept. 30,

2023

Legal support contracts

 

$

200

COMMUNITY SERVICES AND OUTREACH

 

 

 

Crime victim grants administration services

 

 

395,300

Crime victim rights services grants

 

 

12,033,300

Domestic violence prevention and treatment

 

 

217,600

Homeless programs

 

 

9,200

Housing and support services

 

 

121,300

CHILDREN’S SERVICES AGENCY – CHILD WELFARE

 

 

 

Adoption subsidies

 

 

25,400

Child care fund

 

 

152,649,000

Child care fund - indirect cost allotment

 

 

3,483,000

Child welfare licensing

 

 

120,000

Child welfare medical/psychiatric evaluations

 

 

20,800

Children’s trust fund grants

 

 

24,200

Contractual services, supplies, and materials

 

 

156,200

Family preservation programs

 

 

311,500

Foster care payments

 

 

1,274,700

Strong families/safe children

 

 

73,800

Youth in transition

 

 

2,900

CHILDREN’S SERVICES AGENCY – JUVENILE JUSTICE

 

 

 

Bay Pines Center

 

 

37,100

Community support services

 

 

103,300

Shawono Center

 

 

1,700

PUBLIC ASSISTANCE

 

 

 

Emergency services local office allocations

 

 

765,600

Family independence program

 

 

1,000

Indigent burial

 

 

4,800

Legal assistance

 

 

50,000

Michigan energy assistance program

 

 

216,100

State disability assistance payments

 

 

182,700

FIELD OPERATIONS AND SUPPORT SERVICES

 

 

 

Contractual services, supplies, and materials

 

 

64,300

Employment and training support services

 

 

7,200

DISABILITY DETERMINATION SERVICES

 

 

 

Disability determination operations

 

 

2,700

BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND

SPECIAL PROJECTS

 

 

 

Behavioral health program administration

 

 

599,800

Community substance use disorder prevention, education, and treatment

 

 

4,977,700

Gambling addiction

 

 

1,376,700

Mental health diversion council

 

 

202,200

BEHAVIORAL HEALTH SERVICES

 

 

 

Autism services

 

 

101,747,900

Certified community behavioral health clinic demonstration

 

 

19,315,500

Community mental health non-Medicaid services

 

 

125,578,200

Court-appointed guardian reimbursements

 

 

5,000,000

Health homes

 

 

8,033,600

Healthy Michigan plan - behavioral health

 

 

57,006,800

Medicaid mental health services

 

 

1,057,017,900

Medicaid substance use disorder services

 

 

33,286,100

Multicultural integration funding

 

 

1,615,900

Nursing home PAS/ARR-OBRA

 

 

3,476,200

State disability assistance program substance use disorder services

 

 

2,018,000

For Fiscal Year

Ending Sept. 30,

2023

STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES

 

 

 

Caro Regional Mental Health Center - psychiatric hospital – adult

 

$

195,200

Center for forensic psychiatry

 

 

606,500

Hawthorn Center - psychiatric hospital - children and adolescents

 

 

60,600

Kalamazoo Psychiatric Hospital - adult

 

 

54,600

Walter P. Reuther Psychiatric Hospital - adult

 

 

52,100

HEALTH AND HUMAN SERVICES POLICY AND INITIATIVES

 

 

 

Primary care services

 

 

98,000

EPIDEMIOLOGY, EMERGENCY MEDICAL SERVICES, AND LABORATORY

 

 

 

Epidemiology administration

 

 

285,100

Healthy homes program

 

 

1,333,200

LOCAL HEALTH AND ADMINISTRATIVE SERVICES

 

 

 

AIDS prevention, testing, and care programs

 

 

2,416,200

Cancer prevention and control program

 

 

46,900

Essential local public health services

 

 

44,364,400

Implementation of 1993 PA 133, MCL 333.17015

 

 

400

Local health services

 

 

1,537,100

Sexually transmitted disease control program

 

 

505,100

Smoking prevention program

 

 

201,800

FAMILY HEALTH SERVICES

 

 

 

Family planning local agreements

 

 

253,200

Immunization program

 

 

2,197,400

Pregnancy prevention program

 

 

28,100

Prenatal care outreach and service delivery support

 

 

4,967,400

CHILDREN’S SPECIAL HEALTH CARE SERVICES

 

 

 

Medical care and treatment

 

 

461,000

Outreach and advocacy

 

 

2,631,100

HEALTH AND AGING SERVICES ADMINISTRATION

 

 

 

Aging and adult services administration

 

 

1,303,600

Community services

 

 

23,833,500

Nutrition services

 

 

13,031,400

Respite care program

 

 

5,632,700

Senior volunteer service programs

 

 

914,800

HEALTH SERVICES

 

 

 

Adult home help services

 

 

139,900

Ambulance services

 

 

516,600

Auxiliary medical services

 

 

1,300

Dental services

 

 

822,000

Healthy Michigan plan

 

 

850,200

Home health services

 

 

6,500

Hospice services

 

 

23,900

Hospital disproportionate share payments

 

 

19,900

Hospital services and therapy

 

 

2,736,300

Long-term care services

 

 

82,997,200

Medicaid home- and community-based services waiver

 

 

15,147,800

Personal care services

 

 

27,300

Pharmaceutical services

 

 

3,600

Physician services

 

 

2,015,400

Special Medicaid reimbursement

 

 

29,600

Transportation

 

 

88,800

ONE-TIME APPROPRIATIONS

 

 

 

Behavioral health care services and facilities

 

 

41,000,000

Behavioral health professionals for schools

 

 

1,000,000

For Fiscal Year

Ending Sept. 30,

2023

City of Detroit environmental monitoring

 

$

1,000,000

Community mental health services programs integration readiness

 

 

25,000,000

Human trafficking victims inclusive services grant program

 

 

250,000

TOTAL OF PAYMENTS TO LOCAL UNITS OF GOVERNMENT

 

$

1,885,152,400

 

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) “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, 2023.

(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) “FQHC” means federally qualified health center.

(k) “FTE” means full-time equated.

(l) “GME” means graduate medical education.

(m) “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.

(n) “HEDIS” means healthcare effectiveness data and information set.

(o) “HMO” means health maintenance organization.

(p) “IDEA” means the individuals with disabilities education act, 20 USC 1400 to 1482.

(q) “IDG” means interdepartmental grant.

(r) “MCH” means maternal and child health.

(s) “Medicaid” means subchapter XIX of the social security act, 42 USC 1396 to 1396w-6.

(t) “Medicare” means subchapter XVIII of the social security act, 42 USC 1395 to 1395lll.

(u) “MiCAFE” means Michigan’s coordinated access to food for the elderly.

(v) “MIChild” means the program described in section 1670 of this part.

(w) “MiSACWIS” means Michigan statewide automated child welfare information system.

(x) “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.

(y) “PFAS” means perfluoroalkyl and polyfluoroalkyl substances.

(z) “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.

(aa) “Previous fiscal year” means the fiscal year ending September 30, 2022.

(bb) “Quarterly reports” means 4 reports shall be submitted to the required recipients by the following dates: February 1, April 1, July 1, and September 30 of the current fiscal year.

(cc) “Semiannual basis” means March 1 and September 30 of the current fiscal year.

(dd) “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.

(ee) “SSI” means supplemental security income.

(ff) “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.

(gg) “Title IV-B” means part B of title IV of the social security act, 42 USC 621 to 629m.

(hh) “Title IV-D” means part D of title IV of the social security act, 42 USC 651 to 669b.

(ii) “Title IV-E” means part E of title IV of the social security act, 42 USC 670 to 679c.

(jj) “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. The department shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement and it shall include placement of reports on an internet site.

 

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to funds appropriated in part 1:

(a) The funds must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

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

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

 

Sec. 206. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure 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 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 previous 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 previous 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 $20,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. 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 $20,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(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 authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 211. 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 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 $309,264,700.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $187,764,100.00. Total department appropriations for retiree health care legacy costs are estimated at $121,500,600.00.

 

Sec. 215. If either of the following events occurs, within 30 days after that event 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 is not limited to collections and accruals pertaining to services provided in the current fiscal year, but also includes 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. As required under part 23 of the public health code, 1978 PA 368, MCL 333.2301 to 333.2321, the department shall provide an annual listing of proposed basic health services by October 1 of the current fiscal year and each succeeding year to ensure that appropriate review and comment occurs in the development of the executive budget recommendations. The listing must be provided by the department 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.

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 1-year period.

(2) It is the intent of the legislature that the Michigan Public Health Institute shall not be a passthrough, contract manager, or indirect contract manager for a contract with the department for a project or other public health-related activity.

(3) 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 a semiannual basis 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.

(4) On a semiannual basis, 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 provide written notification 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 of any major policy changes at least 30 days before the implementation date of those policy changes.

(2) The department shall make the entire policy and procedures manual available and accessible to the public via the department website.

(3) 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 senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, the joint committee on administrative rules, and the senate and house fiscal agencies.

(4) The department shall attach each policy bulletin issued during the prior calendar year to the report issued in subsection (3).

 

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 those costs shall be applied against the federal funds deducted in the departmental administration and support appropriation unit.

Sec. 225. (1) For providers and entities receiving funds from the appropriations in part 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) For services to be provided from the appropriations in part 1, both of the following apply:

(a) 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.

(b) 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) A detailed spending plan by appropriation line item including description of programs and a summary of organizations receiving these funds.

(b) A 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 residents of this state.

 

Sec. 228. (1) If the department is authorized under state or federal law to collect an overpayment owed to the department, the department may assess a penalty of 1% per month beginning 60 days after notification. If an overpayment is caused by department error, a penalty may not be assessed until 6 months after the initial notification date of the overpayment amount. The department shall not collect penalty interest in an amount that exceeds the amount of the original overpayment. The state share of any funds collected under this section shall be deposited in the state general fund.

(2) By September 30 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on penalty amounts assessed and paid by account during the current fiscal year, the reason for the penalty, and the current status of the account.

 

Sec. 229. From the $370,000.00 of TANF revenue appropriated in part 1 for training and program support, the department shall extend the interagency agreement with the office of employment and training within the department of labor and economic opportunity for the duration of the current fiscal year, which concerns TANF funding to provide job readiness and welfare-to-work programming. $10,000.00 of TANF revenue is appropriated in part 1 for the department to report the following specific outcome and performance measures to the senate and house appropriations subcommittees on the department budget, the senate and house appropriations subcommittees on general government, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by January 1 of the current fiscal year for the previous fiscal year:

(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.

(c) The following data itemized by Michigan Works! agency:

(i) The number of referrals to Michigan Works! job readiness programs.

(ii) The number of referrals to Michigan Works! job readiness programs who became a participant in the Michigan Works! job readiness programs.

(iii) The number of participants who obtained employment, and the cost per participant case.

 

Sec. 230. By December 31 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget office on the status of the implementation of any noninflationary, noncaseload, programmatic funding increases in the current fiscal year from the previous fiscal year. The report shall confirm the implementation of already implemented funding increases and provide explanations for any planned implementation of funding increases that have not yet occurred. For any planned implementation of funding increases that have not yet occurred, the department shall provide an expected implementation date and the reasons for delayed implementation.

 

Sec. 231. (1) The department shall not expend the funds appropriated in part 1 to enter into any contract with a Medicaid managed care organization of MI Choice Waiver, MI Health Link, or behavioral health unless the Medicaid managed care organization agrees to do all of the following:

(a) Continue the direct care wage increase funded at $2.35 per hour for the services noted in DHHS Medicaid provider letter L 21-76 under the Medicaid managed care organization’s relevant program.

(b) Ensure to the greatest extent possible that the full amount for funds appropriated for a direct care worker wage increase, except for costs incurred by the employer, including payroll taxes, resulting from the increase to direct care worker wages under this section, is provided to direct care workers through maintained increased wages.

(c) Permit a direct care worker to elect, in writing or electronically, to not receive the wage increase provided in this section.

(d) Require direct care worker agencies that the Medicaid managed care organization subcontracts with to track and report annually the total amount and percentage of Medicaid reimbursements paid to that direct care worker agency that are used to pay direct care worker wages.

(e) Require direct care worker agencies that the Medicaid managed care provider subcontracts with to track and report annually the hourly wages paid for each direct care worker hired by the direct care worker agency.

(f) Track annually the hourly wages paid to each direct care worker hired directly by the Medicaid managed care organization or CMHSP.

(g) Report annually to the department the information required in subdivisions (d), (e), and (f).

(2) Upon request, the department shall provide to the legislature the report required in subsection (1)(g).

 

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 after approval by the department but not later than January 15 of the current fiscal year. Compliance with this section is not met unless a line-item appropriation name is included in all places that a line-item appropriation number is listed. 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 system. For amounts listed in the other contracts category of each spending plan, the department shall provide a list of all contracts and grants and amounts for the current fiscal year, and include the name of the line item and the name of the fund source related to each contract or grant and amount. For amounts listed in the all other costs category of each spending plan, the department shall provide a list detailing planned expenditures and amounts for the current fiscal year, and include the name of the line item and the name of the fund source related to each amount and expenditure.

(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. 233. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, inter-transfer funds within this article for the particular department, board, commission, office, or institution.

 

Sec. 234. 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. 236. (1) From the funds appropriated in part 1, the department shall do all of the following:

(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 office any amount of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

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

(c) By February 1, report to the 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 total amount of severance pay remitted to former department employees during the previous fiscal year and the total number of former department employees that were remitted severance pay during the previous fiscal year.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 237. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

Sec. 238. It is the intent of the legislature that departments maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

Sec. 239. For behavioral and physical health services provided through managed care or the fee-for-service program, the department shall require, for the nonfacility component of the reimbursement rate, at least the same reimbursement for that service, if that service is provided through telemedicine, as if the service involved face-to-face contact between the health care professional and the patient.

 

Sec. 240. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

 

Sec. 241. By March 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget director on total actual expenditures in the previous fiscal year for advertising and media outreach, including the purpose, amount, and fund source by program or appropriation line-item.

 

Sec. 242. From the funds appropriated in part 1 for departmental administration and management, $100,000.00 is allocated to produce a description of programs report for the current fiscal year by March 1 of the current fiscal year. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the senate and house policy offices. The report shall include the appropriation unit, the line-item name and number, the appropriation history, the program name, the program overview, the financing detail, and where applicable, the legal basis for the program and program effectiveness and outcomes.

 

Sec. 243. From the funds appropriated in part 1, the department shall allocate $50,000.00 to provide notice and information to health care providers and the public that the department shall not use state restricted funds or state general funds, or allow grantees or subcontractors to use those funds, appropriated in part 1 to fund any elective abortion. As used in this section, “elective abortion” means the intentional use of an instrument, drug, or other substance or device to terminate a woman’s pregnancy for a purpose other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a fetus that has died as a result of natural causes, accidental trauma, or a criminal assault on the pregnant woman. Elective abortion does not include any of the following:

(a) The use or prescription of a drug or device intended as a contraceptive.

(b) The intentional use of an instrument, drug, or other substance or device by a physician to terminate a woman’s pregnancy if the woman’s physical condition, in the physician’s reasonable medical judgment, necessitates the termination of the woman’s pregnancy to avert her death.

(c) Treatment upon a pregnant woman who is experiencing a miscarriage or has been diagnosed with an ectopic pregnancy.

 

Sec. 244. On a monthly basis, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office on any line-item appropriation for which the department estimates total annual expenditures would exceed the funds appropriated for that line-item appropriation by 5% or more. The department shall provide a detailed explanation for any relevant line-item appropriation exceedance and shall identify the corrective actions undertaken to mitigate line-item appropriation expenditures from exceeding the funds appropriated for that line-item appropriation by a greater amount. This section does not apply for line-item appropriations that are part of the May revenue estimating conference caseload and expenditure estimates.

 

Sec. 246. Except as otherwise provided in this part, all reports required under this part shall be submitted 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. 250. The director or a local health officer shall not issue or enforce any orders or other directives that require an individual in this state who is under the age of 18 to wear a face mask or face covering.

 

Sec. 251. From the funds appropriated in part 1 for departmental administration and support, the department must develop reports related to emergency orders involving an epidemic issued during the fiscal year ending on September 30, 2023. Within 7 days after the issuance of any emergency order involving an epidemic, a report under this section must be provided to the senate and house appropriations committees and the senate and house fiscal agencies, and posted publicly on the department’s website. A report under this section must contain the following:

(a) An explanation of the nature and scope of the epidemic that the emergency order is intended to address.

(b) A description of each area of the state that the department has determined is threatened by the epidemic.

(c) If applicable, an explanation that contains the evidence relied upon to determine that a procedure established in the emergency order ensures the continuation of essential public health services or the enforcement of health laws.

(d) If applicable, an explanation that contains the evidence relied upon to determine that a prohibition on gathering contained in the emergency order is necessary to protect the public health.

(e) A list of primary experts, organizations, or sources not affiliated with the department that were relied upon to issue the emergency order and any corresponding expenditures by the department associated with any such experts, organizations, or sources.

(f) A list of primary state government personnel responsible for developing the emergency order.

(g) A description of what factors the department will consider when deciding to terminate or modify the order.

 

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. 258. (1) In collaboration with the department of education and the department of state police, the department shall promote and support initiatives in schools and other educational organizations that include, but are not limited to, training for educators, teachers, and other personnel in school settings for all of the following:

(a) The utilization of trauma-informed practices.

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

(c) Age-appropriate education and information on sexual abuse prevention.

(2) The collaboration shall include the child welfare institute within the department, which provides training and education for public and private employees who work within the child protective services, foster care, adoption, and juvenile justice systems.

(3) The department shall report by March 1 of the current fiscal year on the activities and status of implementation of the requirements described in subsections (1) and (2) 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.

 

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 reports on a semiannual basis to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office summarizing the status of any new or ongoing discussions with CMS, 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 semiannual 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 of the department in the state classified civil service for communicating with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department is exercising its authority as provided by law.

 

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 according to section 106(6) of the social welfare act, 1939 PA 280, MCL 400.106. By February 1 of the current fiscal year, the department shall submit a written report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office that includes, at a minimum, all of the following:

(a) The total amount recovered from the legal action.

(b) The program or service for which the money was originally expended.

(c) Details on the disposition of the funds recovered such as the appropriation or revenue account in which the money was deposited.

(d) A description of the facts involved in the legal action.

 

Sec. 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, 2023 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.

(3) By February 15 of the current fiscal year, the department shall prepare an annual report of its efforts to identify TANF maintenance of effort sources and rationale for any increases or decreases from all of the following, but not limited to:

(a) Other departments.

(b) Local units of government.

(c) Private sources.

 

Sec. 275. (1) On a quarterly basis, the department, with the approval of the state budget director, is authorized to realign sources between other federal, TANF, and capped federal financing authorizations in order to maximize federal revenues. This realignment of financing shall not produce a gross increase or decrease in the department’s total individual line item authorizations, nor will it produce a net increase or decrease in total federal revenues, or a net increase in TANF authorization.

(2) On a quarterly basis the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices on the realignment of federal fund sources transacted to date in the current fiscal year under the authority of subsection (1), including the dates, line items, and amounts of the transactions. If, at the time a quarterly report is due, no transactions were made under subsection (1), then no report is required to be provided.

(3) Within 30 days after the date on which year-end book closing is completed, the department shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices a report on the realignment of federal fund sources that took place as part of the year-end closing process for the previous fiscal year.

 

Sec. 280. By March 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget director that provides all of the following for each line item in part 1 containing personnel-related costs, including the specific individual amounts for salaries and wages, payroll taxes, and fringe benefits:

(a) FTE authorization.

(b) Spending authorization for personnel-related costs, by fund source, under the spending plan.

(c) Actual year-to-date expenditures for personnel-related costs, by fund source, through the end of the prior month.

(d) The projected year-end balance or shortfall for personnel-related costs, by fund source, based on actual monthly spending levels through the end of the prior month.

(e) A specific plan for addressing any projected shortfall for personnel-related costs at either the gross or fund source level.

Sec. 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 those services after the first year of the contract.

(2) The department may allow a contract to exceed the limitation on administrative and services costs under subsection (1) if a grantee can demonstrate to the department 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 subsection (1) and the number of contracts terminated due to violations of subsection (1). If, at the time the report is due, no contracts were terminated due to violations of subsection (1) and no exceptions were made under subsection (2), then no report is required to be provided.

 

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. 296. From the funds appropriated in part 1, the department to the extent permissible under section 8 of 1964 PA 170, MCL 691.1408, is responsible for the necessary and reasonable attorney fees and costs incurred by private and independent legal counsel chosen by current and former classified and unclassified department employees in the defense of the employees in any state or federal lawsuit or investigation related to the water system in a city or community in which a declaration of emergency was issued because of drinking water contamination.

 

Sec. 297. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) The number of FTE positions in pay status by civil service classification.

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

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

(a) Number of employees that were engaged in remote work in 2022.

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

(c) Estimated net cost savings achieved by the department by remote work.

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

 

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 after 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 includes the following:

(a) A summary of all RFPs issued for a contract in excess of $5,000,000.00 including whether an RFI or RFQ was considered, and whether an RFI or RFQ was issued before issuing the RFP or whether the issuance of an RFI or RFQ was determined not to be necessary.

(b) A summary of all RFPs during the current fiscal year if an existing service received proposals by multiple vendors.

(c) A list of all finalized RFPs if there was a divergence from awarding the contract to the lowest-cost or highest-scoring vendor, and details as to why a divergence is justifiable as provided in the notification to vendors under subsection (2).

(d) 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. 301. 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 after 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 $1,525,000.00 of TANF revenue by December 1 of the current fiscal year to support the Northeast Michigan Community Service Agency programming. The department shall require the following performance objectives be measured and reported for the duration of the state funding for the school success partnership program:

(a) Increasing school attendance and decreasing chronic absenteeism.

(b) Increasing academic performance based on grades with emphasis on math and reading.

(c) Identifying barriers to attendance and success and connecting families with resources to reduce these barriers.

(d) Increasing parent involvement with the parent’s child’s school and community.

(2) By July 15 of the current fiscal year, the Northeast Michigan Community Service Agency shall provide reports to the department on the number of children and families served and the services that were provided to families to meet the performance objectives identified in this section. The department shall distribute the reports within 1 week after receipt to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.

 

Sec. 451. (1) From the funds appropriated in part 1 for crime victim justice assistance grants, the department shall allocate $102,600.00 of state general fund/general purpose revenue for a sexual assault nurse examiners program at a hospital in a city with a population between 21,600 and 21,700 according to the most recent federal decennial census within a county with a population between 64,300 and 64,400 according to the most recent federal decennial census. Funds must be used to support staff compensation and training, victim needs, and community awareness, education, and prevention programs.

(2) The crime victim services commission may review the uses of funds appropriated in this section to determine if it merits utilization of the crime victim’s rights fund on an ongoing basis in subsequent fiscal years.

 

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. (1) From the funds appropriated in part 1 for homeless programs, the department shall allocate funds to the emergency shelter program to support efforts of shelter providers to move homeless individuals and households into permanent housing as quickly as possible. Funding provided shall be equal to or exceed the amount a provider would receive if paid a $19.00 per diem rate per bed night. Expected outcomes are increased shelter discharges to stable housing destinations, decreased recidivism rates for shelter clients, and a reduction in the average length of stay in emergency shelters.

(2) By March 1 of the current fiscal year, the department shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office a report on the total amount expended for the program in the prior 2 fiscal years, the total number of shelter nights provided, and the average length of stay in an emergency shelter.

 

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 revenue, homeless shelters and human services agencies shall collaborate with the department to obtain necessary TANF eligibility information on families as soon as possible after admitting a family to the homeless shelter. From the funds appropriated in part 1 for homeless programs, the department is authorized to make allocations of TANF revenue only to the homeless shelters and human services agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements. Homeless shelters or human services agencies that do not report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements will not receive reimbursements that exceed the per diem amount they received in fiscal year 2000. The use of TANF revenue under this section is not an ongoing commitment of funding.

 

Sec. 456. From the funds appropriated in part 1 for homeless programs, the department shall allocate $90,000.00 to reimburse public service agencies that provide documentation of paying birth certificate fees on behalf of category 1 homeless clients at county clerk’s offices. Public service agencies shall be reimbursed for the cost of the birth certificate fees quarterly until this allocation is fully spent.

 

Sec. 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, $369,500.00 is allocated to contract for the administration of a uniform statewide sexual assault evidence kit tracking system, and 1.0 FTE to provide administrative support. The system shall include the following:

(a) A uniform statewide system to track the submission and status of sexual assault evidence kits.

(b) A uniform statewide system to audit untested kits that were collected on or before March 1, 2015 and were released by victims to law enforcement.

(c) Secure electronic access for victims.

(d) The ability to accommodate concurrent data entry with kit collection through various mechanisms, including web entry through computer or smartphone, and through scanning devices.

(2) By March 30 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a status report on the administration of the uniform statewide sexual assault evidence kit tracking system, including operational status and any known issues regarding implementation.

(3) The sexual assault evidence tracking fund established in section 1451 of 2017 PA 158 shall continue to be maintained in the department of treasury. Money in the sexual assault evidence tracking fund at the close of a fiscal year remains in the sexual assault evidence tracking fund, does 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 sexual assault evidence kits retrieved by law enforcement after analysis, and the physical location of all released sexual assault evidence kits collected by health care providers in that year, as of the date of the annual draft report for each reporting agency.

 

Sec. 458. From the funds appropriated in part 1 for crime victim rights services grants, the department shall allocate $2,000,000.00 from the crime victim’s rights fund to maintain increased grant funding to support the further use of crime victim advocates in the criminal justice system. The purpose of the additional funding is to increase available grant funding for crime victim advocates to ensure that the advocates have the resources, training, and funding needed to respond to the physical and emotional needs of crime victims and to provide victims with the necessary services, information, and assistance in order to help them understand and participate in the criminal justice system and experience a measure of safety and security throughout the legal process.

 

Sec. 459. From the funds appropriated in part 1 for child advocacy centers - supplemental grants, the department shall allocate $2,000,000.00 to continue to provide additional funding to child advocacy centers to support the general operations of child advocacy centers by allocating the funding to each center proportionally based on the number of children served at each center during the previous fiscal year compared to the number of total children served under this section. The purpose of this additional funding is to increase the amount of services provided to children and their families who are victims of abuse over the amount provided in the previous fiscal year.

 

Sec. 460. From the funds appropriated in part 1 for kids’ food basket, the department shall allocate $525,000.00 to fund a project with a nonprofit, community-based organization 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 is located in a city with a population between 185,000 and 200,000 according to the most recent federal decennial census and in a county with a population between 600,000 and 700,000 according to the most recent federal decennial census. The nonprofit organization recipient shall have an existing network of food delivery to low-income children to at least 3 counties in this state. The nonprofit organization shall use the funds for increased operational costs due to the coronavirus pandemic and for expansion of services to additional schools and communities. The funding may be used to cover employee costs, food and supplies, equipment, and other operational costs identified by the organization to support their mission and goals.

 

Sec. 462. (1) If funding becomes available from the funds appropriated in part 1 for crime victim justice assistance grants, the department shall allocate $4,000,000.00 to implement 4 trauma recovery center program pilot projects. The pilot projects shall utilize the evidence-informed integrated trauma recovery services model developed by the University of California - San Francisco for service provision and shall be located in a city with a population between 52,700 and 53,300 according to the most recent federal decennial census, in a city with a population between 80,000 and 82,000 according to the most recent federal decennial census, in a city with a population between 150,000 and 200,000 according to the most recent federal decennial census, and in a city with a population greater than 500,000 according to the most recent federal decennial census.

(2) It is the intent of the legislature that each pilot project shall be designed to last at least 3 years.

(3) If funding becomes available, by March 1 of the current fiscal year, the department shall report to the senate and house subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on all of the following:

(a) The number of participants by pilot project site.

(b) The number of participants by crime type, broken down by pilot project site.

(c) The number of direct service providers by pilot project site.

(d) The number of direct services provided, broken down by type of service and by pilot project site.

(e) The administrative costs by pilot project site.

(f) The average length of service provision by pilot project site.

(g) The average length of service provision, broken down by type of service and by pilot project site.

(h) The average cost per participant by pilot project site.

(4) The department may explore the development of a mobile trauma recovery center to provide services to rural areas in this state.

 

Sec. 463. From the funds appropriated in part 1 for runaway and homeless youth grants and domestic violence prevention and treatment, the department is authorized to make allocations of TANF revenue only to agencies that report necessary data to the department to meet TANF eligibility reporting requirements.

 

Sec. 464. From the funds appropriated in part 1 for diaper assistance payments, $4,404,400.00 of TANF revenue must be allocated as grants to diaper assistance programs, maternity homes, and other nonprofit agencies that distribute diapers free of charge and were established as of January 1, 2020. The funds must only be used to purchase diapering supplies for children under 36 months of age. Funds must be evenly distributed to all regions of this state as defined by the Michigan economic recovery council.

 

Sec. 465. (1) From the funds appropriated in part 1 for community services and outreach administration, $2,950,000.00 must be distributed as provided in subsection (2). The amount distributed under this subsection must 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, the house and senate standing committees with primary jurisdiction over matters relating to human services and telecommunications on 2-1-1 system performance, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies, including, but not limited to, call volume by health and human service needs and unmet needs identified through caller data and number and percentage of callers referred to public or private provider types.

 

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. The department may provide up to 100% reimbursement to Indian tribal governments that enter into a state-tribal title IV-E agreement allowed under this state’s title IV-E state plan.

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 continue to review, update, or develop actuarially sound case rates for necessary child welfare foster care case management services that achieve permanency by the department and private child placing agencies in a prospective payment system under a performance-based funding model.

(2) The department, in conjunction with members from both the house of representatives and senate, private child placing agencies, the courts, and counties shall continue to implement the recommendations that are described in the workgroup report that was provided in section 503 of article X of 2013 PA 59 to establish a performance-based funding model pilot program for public and private child welfare services providers. By July 1 of the current fiscal year, the department shall provide a 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.

 

Sec. 504. (1) From the funds appropriated in part 1, the department shall implement a 3-year master agreement with an option for 2 additional years with the West Michigan Partnership for Children Consortium to maintain the performance-based child welfare contracting program. The consortium shall consist of a network of affiliated child welfare service providers that will accept and comprehensively assess referred youth, assign cases to members of its continuum or leverage services from other entities, and make appropriate case management decisions during the duration of a case.

(2) As a condition for receiving the funding in part 1, the West Michigan Partnership of Children Consortium shall maintain a contract agreement with the department that supports a global capitated payment model. The capitated payment amount shall be based on historical averages of the number of children served in Kent County and for the costs per foster care case. The West Michigan Partnership for Children Consortium is required to manage the cost of the child population it serves. The administrative portion of the contracted agreement must reflect the cumulative annual percentage change in the Detroit Consumer Price Index from the previous year. The capitated payment amount shall be reviewed and adjusted no less than twice during the current fiscal year or due to any policy changes implemented by the department that result in a volume of placements that differ in a statistically significant manner from the amount allocated in the annual contract between the department and the West Michigan Partnership for Children Consortium as determined by an independent actuary as well as to account for changes in case volumes and any statewide rate increases that are implemented. The contract agreement requires that the West Michigan Partnership for Children Consortium shall maintain the following stipulations and conditions:

(a) That the service component of the capitated payment will be calculated assuming rates paid to providers under the program are generally consistent with the department’s payment policies for providers throughout the rest of this state.

(b) To maintain a risk reserve of at least $1,500,000.00 to ensure it can meet unanticipated expenses within a given fiscal year.

(c) To cooperate with the department on an independent fiscal analysis of costs incurred and revenues received.

(3) By March 1 of the current fiscal year, the consortium shall provide to the department and the house and senate appropriations subcommittees on the department budget a report on the consortium, including, but not limited to, actual expenditures, number of children placed by agencies in the consortium, fund balance of the consortium, and the outcomes measured.

 

Sec. 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 on 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. 506. From the funds appropriated in part 1 for attorney general contract, by March 1 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office, a report on the juvenile justice system in any county in which funds appropriated in part 1 are expended. The report shall include, but not be limited to, the following:

(a) The number of 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.

(b) The number of youth referred or committed to the care or supervision of the county in which funds appropriated in part 1 were expended for the previous fiscal year and the first quarter of the current fiscal year.

(c) The type of setting for each youth referred or committed for care or supervision, any applicable performance outcomes, and identified financial costs or savings.

 

Sec. 507. The department’s ability to satisfy appropriation deducts in part 1 for foster care private collections is not 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) For the funds described in subsection (1), the department shall ensure that administrative delays are avoided and the local grant recipients and direct service providers receive money in an expeditious manner. The department and board shall make available the children’s trust fund contract funds to grantees within 31 days of the start date of the funded project.

 

Sec. 509. From the funds appropriated in part 1 for adoption support services, the department shall maintain the increase of contracted rates paid to private child placing agencies, including the $23.00 per diem for all foster youth from the date of the case acceptance to the date of adoption petition acceptance or for 150 days, whichever occurs sooner, for licensed child placing agencies contracted with the department to provide adoption services for foster youth. The per diem rate is to be separate from the outcome-based reimbursement system and must not be deducted from the total reimbursement an agency receives for the applicable placement or finalization rate of an adoption.

 

Sec. 510. (1) From the funds appropriated in part 1 for child care fund and foster care payments, the department shall explore alternative payment methods to fund a specified number of beds based on projected program needs for private child caring institutions and privately operated child welfare and juvenile justice residential facilities. If allowable under title IV-E funding guidelines, with or without a federal waiver, a contract entered into for purposes of this subsection shall provide guaranteed payment for anticipated utilization, with the condition that providers shall accept youth up to the contracted capacity who are determined through independent assessment as meeting the program entrance criteria. By March 1 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices a report on the department’s findings.

(2) The department shall provide reports on a monthly basis to the senate and house appropriations subcommittees on the department budget and the senate and house fiscal agencies and policy offices on the number of children awaiting placement in a child caring institution in this state. The report must include the number of children awaiting placement by child caring institution and must state the reason for the delay in placement including, but not limited to, facility bed shortages, placement process delays, or other reasons.

 

Sec. 511. The department shall provide reports on a semiannual basis to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices on the number and percentage of children who received timely physical and mental health examinations after entry into foster care. The reports shall also include the new methods the department is using since June 14, 2022, to achieve the stated goal of the program as described in this section. The goal of the program is that at least 85% of children shall have an initial medical and mental health examination within 30 days after entry into foster care.

 

Sec. 512. By March 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the following information for cases of child abuse or child neglect from the previous fiscal year:

(a) The total number of relative care placements.

(b) The total number of relatives with a placement who became licensed.

(c) A list of the reasons from a sample of cases where relatives were denied foster home licensure as documented by the department.

 

Sec. 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’s 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’s interstate compact office.

(c) The out-of-state facility meets all of the licensing standards of this state for a comparable facility.

(d) The out-of-state facility meets all of the applicable licensing standards of the state in which it is located.

(e) The department has done an on-site visit to the out-of-state facility, reviewed the facility records, reviewed licensing records and reports on the facility, and believes that the facility is an appropriate placement for the child.

(2) The department shall not expend money for a child placed in an out-of-state facility without approval of the executive director of the children’s services agency.

(3) The department shall submit an annual report by March 1 of the current fiscal year to the state court administrative office, the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the number of Michigan children residing in out-of-state facilities in the previous fiscal year and shall include the total cost and average per diem cost of these out-of-state placements to this state, and a list of each such placement arranged by the Michigan county of residence for each child.

 

Sec. 515. If a child protective services caseworker requests approval for another child protective services caseworker or other department employee to accompany them on a home visit because the caseworker believes it would be unsafe to conduct the home visit alone, the department shall not deny the request.

 

Sec. 516. From funds appropriated in part 1 for child care fund, the administrative or indirect cost payment equal to 10% of a county’s total monthly gross expenditures shall be distributed to the county on a monthly basis and a county is not required to submit documentation to the department for any of the expenditures that are covered under the 10% payment as described in section 117a(4)(b)(ii) and (iv) of the social welfare act, 1939 PA 280, MCL 400.117a.

 

Sec. 517. The department may ask a state or private child placing agency contracted by the receiving state to carry out required visits and any additional visits that the department finds necessary for a child placed in a family foster care home out of state.

 

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. (1) The department shall submit a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office by February 15 of the current fiscal year on the number of days of care and expenditures by funding source for the previous fiscal year for out-of-home placements by specific placement programs for child abuse or child neglect and juvenile justice, including, but not limited to, paid relative placement, department direct family foster care, private agency supervised foster care, private child caring institutions, county-supervised facilities, court-supervised facilities, and independent living. The report shall also include the number of days of care for department-operated residential juvenile justice facilities by security classification.

(2) For the purposes of the report in subsection (1), living arrangements include, but are not limited to, paid relative placement, department direct family foster care, private agency supervised foster care, private child caring institutions, county-supervised facilities, court-supervised facilities, and independent living.

 

Sec. 521. (1) From the funds appropriated in part 1 for child care fund – indirect cost allotment, the department shall allocate $3,500,000.00 to counties and tribal governments that receive reimbursements in part 1 from child care fund.

(2) The amount described in subsection (1) shall be distributed to each county or tribal government in the same proportion as indirect cost allotments are provided to counties in the manner described in section 117a of the social welfare act, 1939 PA 280, MCL 400.117a.

 

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 June 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 applied for scholarships under this section, the number of youths who received scholarships under this section 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) By October 1 of the current fiscal year, from the funds appropriated in part 1 for family preservation services, the department shall retain the rates established by the increase provided in section 523(3) of article 6 of 2020 PA 166.

 

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. 526. From the funds appropriated in part 1 for court-appointed special advocates, the department shall allocate $1,000,000.00 to fund a project with a nonprofit, community-based organization organized under the laws of this state that are exempt from federal income tax under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, located in a charter township with a population of between 18,000 and 19,000 according to the most recent federal decennial census that is located in a county with a population of between 600,000 and 700,000 according to the most recent federal decennial census. The nonprofit organization recipient shall have an existing network of affiliate programs operating in at least 25 counties in this state. The nonprofit organization shall use the funds to recruit, screen, train, and supervise volunteers who provide advocacy services on behalf of abused and neglected children.

 

Sec. 527. With the approval of the settlement monitor, for the purposes of calculating adoption worker caseloads for private child placing agencies, the department shall exclude the following case types:

(a) Cases in which there are multiple applicants as that term is defined in section 22(e) of chapter X of the probate code of 1939, 1939 PA 288, MCL 710.22, also known as a competing party case, in which the case has a consent motion pending from Michigan’s children’s institute or the court for more than 30 days.

(b) Cases in which a birth parent has an order or motion for a rehearing or an appeal as of right that has been pending for more than 15 days.

 

Sec. 528. From the funds appropriated in part 1 for child care fund, the department shall allocate $2,366,700.00 to increase the annual basic grant to counties with a population of less than 75,000 according to the most recent federal decennial census as described in section 117e of the social welfare act, 1939 PA 280, MCL 400.117e, and to eligible tribal entities. The basic grant shall be increased from $15,000.00 per year by equally distributing the $2,366,700.00 appropriated in part 1 to eligible counties and tribal entities.

 

Sec. 529. From the funds appropriated in part 1 for family preservation programs, the department shall maintain the total combined funding levels of the families first, family reunification, and families together building solutions family preservation programs at an amount not less than the amount provided as of September 30, 2021. For the current fiscal year as the department moves towards implementation of the federal Family First Prevention Services Act, Public Law 115-123, the funding available to serve families through the existing family preservation programs shall not be reduced.

Sec. 530. (1) All master contracts relating to foster care and adoption services as funded by the appropriations in section 105 of part 1 shall be performance-based contracts that employ a client-centered results-oriented process that is based on measurable performance indicators and desired outcomes and includes the annual assessment of the quality of services provided.

(2) By February 1 of the current fiscal year, the department shall provide the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget office a report detailing measurable performance indicators, desired outcomes, and an assessment of the quality of services provided by the department during the previous fiscal year.

 

Sec. 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. 532. From the funds appropriated in part 1 for adoption support services, the department shall allocate $2,000,000.00 to fund a tax credit to adoptive parents. The department shall coordinate with the department of treasury to ensure timely processing and issuance of tax credits to adoptive parents.

 

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 after 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. 534. The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by March 1 of the current fiscal year a report on the adoption subsidies expenditures from the previous fiscal year. The report shall include, but is not limited to, the range of non-$0.00 annual adoption support subsidy amounts, for both title IV-E eligible cases and state-funded cases, paid to adoptive families, the number of title IV‑E and state-funded cases, the number of cases in which the adoption support subsidy request of adoptive parents for assistance was denied by the department, and the number of adoptive parents who requested a redetermination of adoption support subsidy.

 

Sec. 535. (1) From the funds appropriated in part 1 for foster care payments, the department shall allocate up to $1,500,000.00 of private revenues from The New Foster Care Inc. to fund a 3-year culturally competent kinship placement, support, and licensing services pilot program in a county with a population between 1,200,000 and 1,300,000 according to the most recent federal decennial census and a county with a population over 1,500,000 according to the most recent federal decennial census based on the work conducted by A Second Chance Inc. The goal of the pilot program is to increase the kinship licensure rate and reduce the average length of stay for children in foster care with the intent to expand the program statewide, contingent on legislative appropriations. Efforts to reach this goal shall include the following:

(a) Locate appropriate kinship family for out-of-home placement of children.

(b) Provide support to kinship care providers and facilitate connections to programs and services to assist them in meeting the needs of children.

(c) Assist kinship care providers in meeting state foster parent licensing requirements.

(d) Support parents to expedite permanency planning.

(2) Subject to part 1 appropriations and pursuant to an annual evaluation, the department through legislative appropriations shall reallocate any savings and revenue stemming from program services that result in a reduction in the length of stay in foster care for the children served by the program compared to the average and maximize federal funds associated with this pilot program.

(3) The agency selected to administer the pilot program will be selected with input from The New Foster Care, Inc. and approved by the executive director of the children’s services agency.

 

Sec. 536. By March 1 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the policy offices a report on the status of the department’s planned and achieved implementation of the federal family first prevention services act, Public Law 115-123. The report shall include, but not be limited to, an estimate of the 5‑year spending plan for administrative and compliance costs, a summary of all historical expenditures made to date for implementation by line-item appropriation and program type, information regarding compliance with title IV-E prevention requirements, the status of statewide compliance with the qualified residential treatment program requirements, a summary of provider concerns with respect to requirements under the qualified residential treatment program as that term is defined in section 1 of 1973 PA 116, MCL 722.111, a detailed methodology in determining any savings realized or estimated from a reduction in congregate care or residential placements, the department’s conformity with federal model licensing standards, the department’s plan for tracking and preventing child maltreatment deaths, and the department’s plan for extending John H. Chafee foster care independence programs up to age 23.

 

Sec. 537. By March 1 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices a report on the number of unlicensed relative providers with a relative placement denied a foster home license for not meeting the standards established for state licensing for foster care. The report shall also include the status of title IV-E claims for foster care maintenance payments and foster care administrative payments for licensed relative caregivers with placements.

 

Sec. 538. By October 1 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the policy offices a report on the status of the department’s program improvement plan associated with round 3 of the child and family services review (CFSR). The report shall also include, but not be limited to, a specific and detailed plan to provide an update on areas of substantial nonconformity identified in the CFSR such as the inadequacy of caseworker training provided by the department, the estimated costs necessary to reduce travel time for service delivery to rural areas, plans to improve caseworker engagement to reduce maltreatment in care, and steps undertaken by the department to emphasize permanency in case planning. Additionally, the department shall include the status for items currently being implemented and the description and cost estimate for the implementation for items that will be implemented in the current fiscal year.

 

Sec. 539. The department, in collaboration with child placing agencies, shall continue to comply with section 115o of the social welfare act, 1939 PA 280, MCL 400.115o. Department caseworkers responsible for preparing a recommendation to a court concerning a juvenile placement shall provide, as part of the recommendation, information regarding the requirements of section 115o of the social welfare act, 1939 PA 280, MCL 400.115o.

 

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. 541. The department shall explore the implementation of a program to help foster care caseworkers achieve forgiveness for their student loan debt. By July 1 of the current fiscal year, the department shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices a report on the department’s findings.

 

Sec. 542. (1) The department shall develop strategies to use the input from court-appointed special advocates and foster care parents throughout case management and any legal proceedings for abused and neglected children in foster care.

(2) By September 30 of the current fiscal year, the department shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices a report on the strategies developed by the department.

 

Sec. 543. The department shall develop a clear policy that caseworkers ensure that children who are victims of child abuse or child neglect have the ability either in the courtroom or in the judge’s chambers to speak directly to, or be interviewed by, the judge or magistrate who is overseeing their case, in order to give children the opportunity to provide input into the legal proceedings.

 

Sec. 544. The department may require all foster care parents, caseworkers, and guardians ad litem to receive trauma-informed training.

Sec. 545. From the funds appropriated in part 1 for the child welfare institute, the department shall provide training that is consistent with the practices taught under therapeutic crisis intervention training to all department employees responsible for the investigation of complaints and licensing determinations for child caring institutions and shall offer trauma support directly to all department child welfare caseworkers to help deal with the effects of secondary trauma.

 

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 $55.20 administrative rate.

(2) From the funds appropriated in part 1, the department shall pay providers of independent living plus services statewide per diem rates for staff-supported housing and host-home housing based on proposals submitted in response to a solicitation for pricing. The independent living plus program provides staff-supported housing and services for foster youth ages 16 through 19 who, because of their individual needs and assessments, are not initially appropriate for general independent living foster care.

(3) If required by the federal government to meet title IV-E requirements, providers of foster care services shall submit quarterly reports on expenditures to the department to identify actual costs of providing foster care services.

(4) From the funds appropriated in part 1, the department shall maintain rates that are no less than the rates in place on March 20, 2020 provided to each private provider of residential services.

 

Sec. 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 on an annual basis 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 quarterly data on the number of children enrolled in the guardianship assistance and foster care – children with serious emotional disturbance waiver programs.

 

Sec. 548. From the funds appropriated in part 1 for adoption support services, the department shall allocate $10,000,000.00 to fund marketing programs that promote the adoption of infants and to develop factual educational information materials on adoption as an alternative to abortion, including the ability of the birth mother to establish a prebirth plan. The department shall issue a request for proposal for a contract for the development of marketing programs and information materials. The department shall notify the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on vendors submitting bids for the contract, vendors receiving the contract, the evaluation process, and criteria used by the department to award the contract for marketing 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 is not 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 email address.

 

Sec. 552. Sixty days after a county’s child care fund on-site review is completed, including the receipt of all requested documentation from the county, the department shall provide the results of the review to the county. The department shall not evaluate the relevancy, quality, effectiveness, efficiency, or impact of the services provided to youth of the county’s child care fund programs in the review. Pursuant to state law, the department shall not release the results of the review to a third-party without the permission of the county being reviewed.

Sec. 553. It is the intent of the legislature that a child protective services caseworker shall not be allowed to place an individual on the child abuse and neglect central registry without prior court approval.

 

Sec. 554. From the funds appropriated in part 1 for foster care payments, the department shall allocate $50,000.00 to a nonprofit organization 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, that currently has locations in 3 cities and operates on a 100% volunteer basis with a board of directors consisting of up to 15 members, and are a dedicated community of individuals that give their time, talent, and resources to provide the best quality shopping environment they can to local children in need and provide clothing, shoes, toys, linens, nursery furniture, strollers, car seats, school supplies, hygiene products, and safety equipment to local foster children and their families free of charge.

 

Sec. 555. The department shall explore the requirement that foster care parents caring for a foster child for whom a petition of adoption has been filed with the court shall continue to receive the regularly scheduled maintenance payments until the child is no longer in their care. By June 1 of the current fiscal year, 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 continuation of maintenance payments. If, at the time a report is due, there are no reportable items, then no report is required to be provided.

 

Sec. 556. From the funds appropriated in part 1 for child welfare licensing, the department shall work to develop and implement a simpler and more streamlined process for the annual renewal of the license for family foster care homes, and shall explore the development of a simpler and more efficient version of the application form for renewal of the license for family foster care homes.

 

Sec. 557. If a vehicle that is owned by the state is available and not scheduled for use by other state workers, the department may consider it an allowable use of the vehicle for a child protective services caseworker or a foster care caseworker to drive it to foster home visits or to drive it to their own home if it would be helpful to the worker in conducting their work.

 

Sec. 558. From the funds appropriated in part 1 for child welfare institute, the department shall train private child placing agency staff in the pre-service training requirements for child welfare caseworkers and supervisors. All private child placing agency staff will be provided an opportunity to complete training at their private child placing agency facilities in a virtual format. A hybrid format that includes virtual and in-person instruction will also be available to all private child placing agency staff according to the preference of a given private child placing agency.

 

Sec. 559. (1) From the funds appropriated in part 1 for adoption support services, the department shall allocate $250,000.00 to the Adoptive Family Support Network 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. 560. From funds appropriated in part 1 for foster care payments, the department shall allocate $100,000.00 to reimburse children in foster care for the costs of extracurricular activities including, but not limited to, athletics, music, band, drama, and other enrichment activities.

 

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 after receiving a request for eligible reimbursements from a foster parent.

 

Sec. 564. (1) The department shall maintain a clear policy for parent-child visitations. The local county offices, caseworkers, and supervisors shall meet an 85% success rate, after accounting for factors outside of the caseworkers’ control.

(2) Per the court-ordered number of required meetings between caseworkers and a parent, the caseworkers shall achieve a success rate of 85%, after accounting for factors outside of the caseworkers’ control.

(3) By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report on the following:

(a) The percentage of success rate for parent-child visitations and court-ordered required meetings between caseworkers referenced in subsections (1) and (2) for the previous year.

(b) The barriers to achieve the success rates in subsections (1) and (2) and how this information is tracked.

 

Sec. 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 after the date of placement or return to the home.

(b) From the total school records, the percentage that transferred within 2 weeks after 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. 568. (1) The department shall ensure youths transitioning out of foster care are given assistance with obtaining a driver license or state identification card and are issued a copy of their Social Security number as required by department policy. Assistance must be provided to youths who are eligible to obtain a driver license or state identification card and a Social Security card based on the youth’s citizenship and legal residency status.

(2) The department shall provide a report by April 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 the number of youths who received assistance obtaining a driver license or state identification card, the number of youths who received assistance obtaining a Social Security card, the number of youths eligible for assistance who did not receive it, and an explanation as to why those youths did not receive assistance in obtaining the documents.

 

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. (1) From the funds appropriated in part 1 for foster care payments and child care fund, the department shall, if funds become available, 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.

(2) The department shall complete an actuarial study to review case rates paid to private child placing agencies every even-numbered year.

(3) The department shall submit a request to the settlement monitor to define caseload ratios in the settlement to only include active cases or to designate a zero case weight for cases that are routed for case closure but remain open to complete administrative activities.

 

Sec. 574. (1) From the funds appropriated for foster care payments, $1,375,000.00 is allocated to support family incentive grants to private and community-based foster care service providers to assist with home improvements and items needed to ensure or obtain compliance with licensing rule requirements, including, but not limited to, payment for physical exams needed by foster families and unlicensed relatives caring for a family member through the child welfare system to accommodate children in foster care.

(2) By March 1 of the current fiscal year, the department shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office a report on the total amount expended in the previous year for grants to private and community-based foster care service providers for home improvements or physical exams as referenced in subsection (1) and the number of grants issued.

 

Sec. 575. From the funds appropriated in part 1 for children’s services administration, the department shall allocate $200,000.00 to provide support and coordinated services to the kinship caregiver advisory council. The responsibilities of the council may include all of the following:

(a) Establish a public awareness campaign to educate the public about kinship caregivers and the state’s efforts to better serve kinship caregivers.

(b) Consult and coordinate with the kinship caregiver navigator program to collect aggregate data on individuals being served by the kinship caregiver navigator program, including information on what services these individuals need.

(c) Consult and collaborate with the provider of the kinship caregiver navigator program on the design and administration of that program.

(d) Establish, maintain, and update a list of local support groups and programs that provide services to kinship families, and devise a plan of action for engaging with the groups and programs on the list in order to obtain a better understanding of the issues facing kinship families.

(e) Develop methods to promote and improve collaboration between state, county, and local governments and agencies and private stakeholders to obtain a broad understanding of the characteristics and prevalence of kinship caregiving, to improve service delivery, and to include these in the council’s recommendations.

 

Sec. 578. The department shall explore the development and implementation of a foster care worker apprenticeship program for college students majoring in social work or other human services field who are interested in working in child welfare. The goals of the program would be to expose students directly to foster care work and provide work experience to aid in the recruitment of future child welfare caseworkers, and to provide current caseworkers with apprentice support staff. By August 1 of the current fiscal year, the department shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices a report on the department’s recommendation for an apprenticeship program. It is the intent of the legislature that the department develop the program so that it can be implemented in the following year and that students in the apprenticeship program would receive payment for their services, if funding is made available.

 

Sec. 579. The department shall require caseworkers ensure a motion is filed with the court to request that children who are victims of child abuse or child neglect have court redetermination hearings more frequently than every 90 days when in the best interest of the child. The intent of this language is to decrease the time it will take for permanency to be finalized for the child.

 

Sec. 580. (1) From the funds appropriated in part 1 for child legal representation, the department shall allocate $500,000.00 to implement 2 pilot projects to improve the quality of legal representation for children and parents in child protective hearings. The pilot projects must emphasize the reduction of caseloads for lawyer-guardians ad litem, more frequent engagement between the child and the families and the lawyer-guardians ad litem, timely permanency and the expedition of legal milestones in cases, and elevated training requirements and increased compensation for lawyer-guardians ad litem.

(2) From the funding allocated in subsection (1), the department shall allocate $350,000.00 for a child legal representation pilot project in the circuit court of a county with a population between 600,000 and 700,000 according to the most recent federal decennial census and allocate $150,000.00 for a child legal representation pilot project in the circuit court of a county with a population between 100,000 and 105,000 according to the most recent federal decennial census.

 

Sec. 581. From the funds appropriated in part 1 for foster care payments, the department shall allocate $50,000.00 for caseworkers to provide immediate assistance with urgent needs such as food, clothing, etc., for children upon removal from their home or other dangerous environment, including children who are victims of human trafficking. The department shall develop policies for the use and access to these funds. The department shall track the distribution of the funds and by June 1 of the current fiscal year 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 number of funds distributed and the number of children impacted.

 

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 all of the following:

(a) The number and percentage of foster parents that dropped out of the program in the previous fiscal year, 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. (1) 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.

(2) By October 1 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the policy offices a detailed plan that will terminate and dismiss with prejudice the settlement by September 30 of the current fiscal year.

 

Sec. 589. (1) From the funds appropriated in part 1 for child care fund, the department shall pay 100% of the administrative rate for all new cases referred to providers of foster care services.

(2) On a quarterly basis, the department shall report on the monthly number of all foster care cases administered by the department and all foster care cases administered by private providers.

 

Sec. 592. The department shall submit quarterly reports to the chairs of the house and senate standing oversight committees, the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office that include data from children’s protective services staff for each of the following for the most recent 30-day period before the report is submitted:

(a) The percent of investigations commenced within 24 hours after receiving a report.

(b) The percent of central registry reviews performed for required individuals.

(c) The percent of face-to-face contacts made within the established timeframe required by the department.

(d) In appropriate cases, the percent of sibling placement evaluations completed when 1 or more children remain in the home after a child has been removed.

(e) The percent of supervisory reviews performed in a timely manner.

(f) The results of a department survey of child protective services investigators on the number of investigators who are concerned for his or her own personal safety.

(g) The percent of investigators using the mobile application or other tool to document compliance.

 

Sec. 593. (1) The department shall conduct an annual review in each county to determine if the county has adopted and implemented standard child abuse and child neglect investigation and interview protocols as required in section 8(6) of the child protection law, 1975 PA 238, MCL 722.628.

(2) By March 1 of the current fiscal year, the department shall submit an annual report to the chairs of the house and senate standing oversight committees, the governor’s task force on child abuse and neglect, the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the findings of each county’s review described in subsection (1).

 

Sec. 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. (1) Due to the exigent circumstances found in the department’s children’s protective services (CPS) program by the office of the auditor general (OAG) audit number 431-1285-16, from the funds appropriated in part 1, the department shall expend the funding for children’s protective services - caseload staff in order to dedicate resources to CPS investigations. The department shall hire staff from the funds appropriated in part 1 for children’s protective services - caseload staff for the department to come into compliance and sustain measured corrective action as determined by the OAG for OAG audit number 431-1285-16.

(2) From the funds appropriated in part 1 for foster care services - caseload staff, the department shall not expend any funds on hiring foster care workers or licensing workers and shall not assume any direct supervisory responsibility of foster care cases unless 1 of the following conditions is met:

(a) An initial review of the case indicated that the case is not eligible for title IV-E reimbursement.

(b) The department is already providing direct foster care service to 1 or more siblings of the child ordered into a placement, and a department direct service provision can provide placement to the entire sibling group.

(c) The court has ordered placement for only some of the children in the family, requiring the department to monitor the children remaining at home.

(3) From the funds appropriated in part 1 for foster care payments, all new foster care cases coming into care shall be placed with a private child placing agency supervision unless any of the conditions in subsection (1) are met or until the statewide ratio of foster care cases is 55% for private child placing agency supervision to 45% department case management supervision respectively.

(4) This section does not require an individual county to meet the case ratio described in subsection (3).

(5) This section does not modify or amend caseload ratios required under the settlement.

 

Sec. 598. Partial child care fund reimbursements to counties for undisputed charges must be made within 45 business days after the receipt of the required forms and documentation. The department shall commence activity to investigate and resolve a disputed reimbursement charge from a county within 15 business days after receiving the request for reimbursement. The activity to investigate and resolve a disputed reimbursement request may include, but is not limited to, the use of a formal appeals process, pursuant to statute and department chargeback policy. The department shall reimburse for corrected charges within 45 business days after a properly corrected submission by the county.

 

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 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. 603. For any change in the income of a recipient of the food assistance program, the family independence program, or state disability assistance that results in a benefit decrease, the department must notify the affected recipient of the decrease in benefits amount no later than 15 work days before the first day of the month in which the change takes effect.

 

Sec. 604. (1) From the funds appropriated in part 1 for state disability assistance payments, the department shall operate a state disability assistance program. Except as provided in subsection (3), persons eligible for this program shall include needy citizens of the United States or aliens exempted from the supplemental security income citizenship requirement who are at least 18 years of age or emancipated minors who meet 1 or more of the following requirements:

(a) Is a recipient of supplemental security income, social security, or medical assistance due to disability or 65 years of age or older.

(b) Is an individual 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) Is a resident of an adult foster care facility, a home for the aged, a county infirmary, or a substance use disorder treatment center.

(d) Is an individual receiving 30-day postresidential substance use disorder treatment.

(e) Is an individual diagnosed as having acquired immunodeficiency syndrome.

(f) Is an individual receiving special education services through a local intermediate school district.

(g) Is a caretaker of a disabled individual 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 do both of the following:

(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 an individual described in subsection (1)(c) or (d), an individual 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 are not 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 all of the following:

(a) The maximum allowable reimbursement for the final disposition is $840.00.

(b) The adult burial with services allowance is $765.00.

(c) The adult burial without services allowance is $530.00.

(d) The infant burial allowance is $210.00.

(2) Reimbursement for a cremation permit fee of up to $75.00 and for mileage at the standard rate will be made available for an eligible cremation. The reimbursements under this section shall take into consideration religious preferences that prohibit cremation.

(3) The department shall report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by January 31 of the current fiscal year on burial services payments issued from the state emergency relief program during the previous fiscal year. The report shall include the number of payments by burial services category for the following:

(a) Fetus or infant under age 1 month.

(b) Burial with memorial service.

(c) Burial without memorial service.

(d) Cremation with memorial service.

(e) Cremation without memorial service.

(f) Transportation of a donated or unclaimed body being cremated.

(g) Cremation permit fee for an unclaimed body.

(h) Disposition of an unclaimed body.

(i) Payment where an irrevocable funeral agreement exists.

(j) An unclaimed body received by a university.

 

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 not a United States citizen, permanent resident alien, or refugee. This section does 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 July 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office the quarterly number of supervised individuals who have absconded from supervision and whom a law enforcement agency, the department of corrections, or the department is actively seeking according to section 84 of the corrections code of 1953, 1953 PA 232, MCL 791.284.

 

Sec. 619. The department shall not deny title IV-A assistance and food assistance benefits under 21 USC 862a to any individual who has been convicted of a felony that included the possession, use, or distribution of a controlled substance, for which the act that resulted in the conviction occurred after August 22, 1996, if the individual is not in violation of his or her probation or parole requirements.

 

Sec. 620. (1) The department shall make a determination of Medicaid eligibility not later than 90 days after completion of a Medicaid application 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 after application.

(2) The department shall provide an annual report 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 percentage of determinations of Medicaid eligibility that were completed within the required time frame for both applications that include disability as a determination factor and applications that do not include disability as a determination factor, as described under subsection (1), and for medical review team reviews achieved statewide and at each local office by each of the 4 preceding quarters.

 

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. 653. From the funds appropriated in part 1 for food assistance program benefits, an individual who is the victim of domestic violence or human trafficking 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 and itemized expenditures for the previous fiscal year, 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. 669. From the funds appropriated in part 1 for family independence program, the department shall allocate $7,230,000.00 for the annual clothing allowance. The allowance shall be granted to all eligible children in a family independence program group.

 

Sec. 672. (1) The department’s office of inspector general shall report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices by February 15 of the current fiscal year on department efforts to reduce inappropriate use of Michigan bridge cards and food assistance program trafficking. The department shall provide information on the number of recipients of services who used their Michigan bridge card inappropriately and the current status of each case, the number of recipients whose benefits were revoked, whether permanently or temporarily, as a result of inappropriate use, and the number of retailers that were fined or removed from the electronic benefit transfer program for permitting inappropriate use of the cards. The report shall also include the number of Michigan bridge card trafficking instances and overall welfare fraud referrals that includes such information as the number of investigations completed, fraud and intentional program violation dollar amounts identified, the number of referrals to prosecutors, the number of administrative hearing referrals and waivers, and the number of program disqualifications imposed. The report shall distinguish between savings and cost avoidance. Savings include receivables established from instances of fraud committed. Cost avoidance includes expenditures avoided due to front-end eligibility investigations and other preemptive actions undertaken in the prevention of fraud.

(2) If a fourth Michigan bridge card has been issued in a 12-month period, the department shall notify the household that they have reached the number of issued cards threshold. At their fifth and each subsequent card replacement request, a card will not be issued until the recipient has spoken directly to the local office district manager or county director. The district manager or county director may issue a new Michigan bridge card under their authority based on their assessment of the recipient’s situation and explanation.

(3) As used in this section:

(a) “Food assistance trafficking” means the buying and selling of food assistance benefits for cash or items not authorized under the 2008 food and nutrition act, 7 USC 2036b.

(b) “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) The department shall provide an annual report, providing quarterly data, 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 an annual report, providing quarterly data, that include all of the following:

(a) The number and percentage of nonexempt family independence program recipients who are employed.

(b) The average and range of wages of employed family independence program recipients.

(c) The number and percentage of employed family independence program recipients who remain employed for 6 months or more.

Sec. 678. From the funds appropriated in part 1 for family independence program-supplemental payment, the department shall provide a 1-time $600.00 supplement for every child under 6 years of age to families receiving cash assistance for the current fiscal year.

 

Sec. 686. (1) The department shall confirm that individuals presenting personal identification issued by another state seeking assistance through the family independence program, food assistance program, state disability assistance program, or medical assistance program are not receiving benefits from any other state.

(2) The department shall confirm the address provided by any individual seeking family independence program benefits or state disability assistance benefits.

(3) The department shall prohibit individuals with property assets assessed at a value higher than $200,000.00 from accessing assistance through department-administered programs, unless such a prohibition would violate federal rules and guidelines.

(4) The department shall 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, in quarterly reports, compile and make available on its website all of the following information about the family independence program, state disability assistance, the food assistance program, Medicaid, and state emergency relief:

(a) The number of applications received.

(b) The number of applications approved.

(c) The number of applications denied.

(d) The number of applications pending and neither approved nor denied.

(e) The number of cases opened.

(f) The number of cases closed.

(g) The number of cases at the beginning of the quarter and the number of cases at the end of the quarter.

(2) The information provided under subsection (1) shall be compiled and made available for the state as a whole and for each county and reported separately for each program listed in subsection (1).

(3) The department shall, in quarterly reports, compile and make available on its website the following family independence program information:

(a) The number of new applicants who successfully met the requirements of the 10-day assessment period for PATH.

(b) The number of new applicants who did not meet the requirements of the 10-day assessment period for PATH.

(c) The number of cases sanctioned because of the school truancy policy.

(d) The number of cases closed because of the 48-month and 60-month lifetime limits.

(e) The number of first-, second-, and third-time sanctions.

(f) The number of children ages 0-5 living in family independence program-sanctioned households.

 

Sec. 688. From the funds appropriated in part 1 for the low-income home energy assistance program, the department shall make an additional $20.01 payment to each food assistance program case that is not currently eligible for the standard utility allowance to enable each case to receive expanded food assistance benefits through the program commonly known as the heat and eat program.

 

Sec. 690. (1) From the funds appropriated in part 1 for legal assistance, $50,000.00 must be distributed to a county legal assistance center located in a city with a population between 5,200 and 5,300 according to the most recent federal decennial census, located within a county with a population between 120,500 and 120,600 according to the most recent federal decennial census. The grantee must provide civil law legal assistance to low-income individuals.

(2) The funds appropriated in part 1 for legal assistance must be disbursed no later than March 1 of the current fiscal year.

 

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(12) 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 not request any additional revisions to a county service spending plan outside of the requested revision notification submitted to the county by the department. The department shall notify a county within 30 days after approval that its service plan was approved.

(2) Counties must submit amendments to current fiscal year county service plans to the department no later than August 30. Counties must submit current fiscal year payable estimates to the department no later than September 15.

(3) The department shall submit a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office by February 15 of the current fiscal year on the number of counties that fail to submit a service spending plan by August 15 of the previous fiscal year and the number of service spending plans not approved by October 15. The report shall include the number of county service spending plans that were not approved as first submitted by the counties, as well as the number of plans that were not approved by the department after being resubmitted by the county with the first revisions that were requested by the department.

 

Sec. 709. The department’s master contract for juvenile justice residential foster care services shall prohibit contractors from denying a referral for placement of a youth, or terminating a youth’s placement, if the youth’s assessed treatment needs are in alignment with the facility’s residential program type, as identified by the court or the department. In addition, the master contract shall require that youth placed in juvenile justice residential foster care facilities must have regularly scheduled treatment sessions with a licensed psychologist or psychiatrist, or both, and access to the licensed psychologist or psychiatrist as needed.

 

Sec. 715. (1) As a condition of receiving funds appropriated in part 1 for raise the age fund, by deadlines established and advised by the department, counties or tribal entities shall have an approved raise the age fund budget plan for the following fiscal year. Counties must submit the raise the age fund budget plan for the current fiscal year to the department by February 1 of the current fiscal year. The raise the age fund budget plan shall specifically identify the types of costs to be reimbursed, estimated costs for each item, and the total estimated cost to be reimbursed. The types of costs to be reimbursed must comply with the requirements of section 117i of the social welfare act, 1939 PA 280, MCL 400.117i. $500,000.00 of the raise the age fund shall be reserved for tribal entities. If total raise the age fund requests from tribal entities are less than $500,000.00, the funding may be allocated to meet requests from counties. From the funds appropriated in part 1 for raise the age fund, each county and tribal entity eligible for reimbursement shall receive a minimum $10,000.00 allocation from the raise the age fund.

(2) County and tribal entity reimbursement from the raise the age fund is limited to eligible youth and items specifically identified in approved raise the age fund budget plans and shall not exceed the total estimated cost included in the approved raise the age fund budget plan.

(3) Counties and tribal entities must submit amendments to current fiscal year raise the age fund budget plans by deadlines established and advised by the department. Counties must submit current fiscal year payable estimates for raise the age funds to the department by deadlines established and advised by the department.

(4) As used in this section, “eligible youth” includes both of the following:

(a) Pre-adjudication eligible youth: A youth for whom a petition has been filed alleging commission of a status or criminal offense on or after his or her reaching the age of 17, but before reaching the age of 18.

(b) Post-adjudication eligible youth: A youth who has been adjudicated for a status or criminal offense for which a petition was filed alleging commission of a status or criminal offense on or after his or her reaching the age of 17, but before reaching the age of 18.

 

FIELD OPERATIONS AND SUPPORT SERVICES

Sec. 801. (1) The department shall report monthly to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the most recent food assistance program error rate derived from the active cases, reported to the United States Department of Agriculture – Food and Nutrition Services for the supplemental nutrition assistance program.

(2) The department shall report quarterly on the progress of the corrective action taken utilizing the funds appropriated for food assistance reinvestment in lowering the food assistance program error rate and improving program payment accuracy.

 

Sec. 802. From the funds appropriated in part 1 for field staff travel, the department shall allocate up to $100,000.00 annually toward reimbursing the out-of-pocket costs of county board members and county department directors to attend statewide meetings of the Michigan County Social Services Association.

 

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 requirements made by the agriculture improvement act of 2018, Public Law 115-334, such as how the department shall use an electronic reporting system to evaluate projects and an accounting of allowable state agency administrative costs. The report shall also include documentation of the steps the department shall take to ensure that projects and subgrantee programs are evidence-based, appropriated for, and meet the criteria for an eligible individual as that term is defined in section 2036a(a) of the food and nutrition act, 7 USC 2036a, and quantitative evidence that the programs contribute to a reduction in obesity or an increase in the consumption of healthy foods. Additionally, the report shall include planned allocation and actual expenditures for the supplemental nutrition assistance program education funding, planned and actual grant amounts for the supplemental nutrition assistance program education funding, the total amount of expected carryforward balance at the end of the current fiscal year for the supplemental nutrition assistance program education funding and for each subgrantee program, a list of all supplemental nutrition assistance program education funding programs by implementing agency, and the stated purpose of each of the programs and each of the subgrantee programs.

 

Sec. 809. (1) The purpose of the pathways to potential program is to reduce chronic absenteeism, increase graduation rate, and decrease the number of students who repeat grades for schools that are current or future participants in the pathways to potential program. Before any deployment of resources into a participant school, the department and the participant school shall establish performance objectives for each participant school based on a 2-year baseline prior to pathways to potential being established in the participant school and shall evaluate the progress made in the above categories from the established baseline. By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices a report listing all participant schools, the number of staff assigned to each school by participant school, and the percentage of participating schools that achieved improved performance in each of the 3 outcomes listed above compared to the previous year, by each individual outcome. It is the intent of the legislature that after a 2-year period without attaining an increase in success in meeting the 3 listed outcomes from the established baseline, the department shall work with the participant school to examine the cause of the lack of progress and shall seek to implement a plan to increase success in meeting the identified outcomes. It is the intent of the legislature that progress or the lack of progress made in meeting the performance objectives shall be used as a determinant in future pathways to potential resource allocation decisions.

(2) As used in this section, “baseline” means the initial set of data from the center for educational performance and information in the department of technology, management, and budget of the 3 measured outcomes as described in subsection (1).

 

Sec. 825. (1) From the funds appropriated in part 1, the department shall provide individuals not more than $500.00 for vehicle repairs, including any repairs done in the previous 12 months. However, the department may in its discretion pay for repairs up to $900.00. Payments under this section shall include the combined total of payments made by the department and work participation program.

(2) By November 30 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices a report detailing the total number of payments for repairs, the number of payments for repairs that exceeded $500.00, the number of payments for repairs that cost exactly $500.00, and the number of payments for repairs that cost exactly $900.00 in the previous fiscal year.

 

Sec. 826. (1) From the funds appropriated in part 1 for field policy and administration, not less than $300,000.00 shall be allocated for the department to contract with the Prosecuting Attorneys Association of Michigan to provide the support and services necessary to increase the capability of the state’s prosecutors, adult protective service system, and criminal justice system to effectively identify, investigate, and prosecute elder abuse and financial exploitation.

(2) By March 1 of the current fiscal year, the Prosecuting Attorneys Association of Michigan shall provide a report to the department on the efficacy of the contract. The department shall submit the report to the state budget office, the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices within 30 days after receiving the report from the Prosecuting Attorneys Association of Michigan.

 

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. (1) From the funds appropriated in part 1 for adult services field staff, the department shall seek to reduce the number of older adults who are victims of crime and fraud by increasing the standard of promptness in every county, as measured by commencing an investigation within 24 hours after a report is made to the department, establishing face-to-face contact with the client within 72 hours after a report is made to the department, and completing the investigation within 30 days after a report is made to the department.

(2) The department shall report no later than March 1 of the current fiscal year to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices on the services provided to older adults who were victims of crime or fraud in the previous fiscal year. The report shall include, but is not limited to, the following by county: the percentage of investigations commenced within 24 hours after a report is made to the department, the number of face-to-face contacts established with the client within 72 hours after a report is made to the department, the number of investigations completed within 30 days after a report is made to the department, and the total number of older adults that were victims of crime or fraud in the previous fiscal year and were provided services by the department as a result of being victims of crime or fraud.

 

DISABILITY DETERMINATION SERVICES

Sec. 890. From the funds appropriated in part 1 for disability determination services, the department shall maintain the unit rates in effect on September 30, 2019 for medical consultants performing disability determination services, including physicians, psychologists, and speech-language pathologists.

BEHAVIORAL HEALTH SERVICES ADMINISTRATION AND SPECIAL PROJECTS

Sec. 901. The funds appropriated in part 1 are intended to support a system of comprehensive community mental health services under the full authority and responsibility of local CMHSPs or PIHPs in accordance with the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, the Medicaid provider manual, federal Medicaid waivers, and all other applicable federal and state laws.

 

Sec. 902. (1) From the funds appropriated in part 1, final authorizations to CMHSPs or PIHPs shall be made upon the execution of contracts between the department and CMHSPs or PIHPs. The contracts shall contain an approved plan and budget as well as policies and procedures governing the obligations and responsibilities of both parties to the contracts. Each contract with a CMHSP or PIHP that the department is authorized to enter into under this subsection shall include a provision that the contract is not valid unless the total dollar obligation for all of the contracts between the department and the CMHSPs or PIHPs entered into under this subsection for the current fiscal year does not exceed the amount of money appropriated in part 1 for the contracts authorized under this subsection.

(2) The department shall immediately report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director if either of the following occurs:

(a) The department enters into any new contracts with CMHSPs or PIHPs that would affect rates or expenditures.

(b) The department amends any 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 to the contracts 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 required under subsection (1) shall contain, unless otherwise noted, 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 statewide summary of the 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.

(c) A statewide summary of Medicaid-funded cost information for the 3 diagnosis groups of adults with a mental illness, children with a serious emotional disturbance, and individuals with an intellectual or developmental disability. The statewide summary must, minimally, include expenditures by service category for each of the 3 diagnosis groups described in this subdivision and cases, units, and cost of each specific service code index or health care common procedure coding system (HCPCS) code for each of the 3 diagnosis groups.

(d) Financial information on non-Medicaid mental health services by general fund cost reporting category.

(e) Information about access to CMHSPs, PIHPs, and designated regional entities for substance use disorder prevention and treatment that includes, but is not limited to, the following:

(i) The number of individuals receiving requested services.

(ii) The number of individuals 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 in subsection (1) shall contain the following information from the previous fiscal year on substance use disorder prevention, education, and treatment programs:

(a) The expenditures stratified by department-designated community mental health entity, by fund source, by subcontractor, by population served, and by service type.

(b) The expenditures per state client, with data on the distribution of expenditures reported using a histogram approach.

(c) The number of services provided by subcontractor and by service type. Additionally, data on length of stay, referral source, and participation in other state programs.

(d) The 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 prevention and treatment.

(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. 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. 908. As a condition of their contracts with the department, PIHPs and CMHSPs, in consultation with the Community Mental Health Association of Michigan, shall work with the department to implement section 206b of the mental health code, 1974 PA 258, MCL 330.1206b, to establish a uniform community mental health services credentialing program.

 

Sec. 909. From the funds appropriated in part 1 for health homes, the department shall use available revenue from the marihuana regulatory fund established in section 604 of the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27604, to improve physical health, expand access to substance use disorder prevention and treatment services, and strengthen the existing prevention, treatment, and recovery systems.

 

Sec. 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, at an amount not less than the amount provided during the fiscal year ending September 30, 2020, 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. 913. (1) From the funds appropriated in part 1 for behavioral health program administration, the department shall allocate $1,025,000.00 for the autism navigator program. The department shall require any contractor receiving funds under this section to comply with performance-related metrics to maintain eligibility for funding. The performance-related metrics shall include, but not be limited to, all of the following:

(a) Each contractor shall have accreditations that attest to their competency and effectiveness in providing services.

(b) Each contractor shall demonstrate cost-effectiveness.

(c) Each contractor shall ensure their ability to leverage private dollars to strengthen and maximize service provision.

(d) Each contractor shall provide quarterly reports to the department regarding the number of clients served by PIHP region, units of service provision by PIHP region, and ability to meet their stated goals.

(2) The department shall require an annual report from any contractor receiving funding from this section. The annual report, due to the department 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, and the expenditures for those services. The department shall provide the annual reports to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office.

 

Sec. 914. By June 1 of the current fiscal year, 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 on outcomes of the funds provided in part 1 to the Michigan Child Collaborative Care (MC3). The outcomes reported must include, but is not limited to, the number of same-day telephone consultations with primary care providers and the number of local resource recommendations made to primary care providers who are providing medical care to patients who need behavioral health services.

 

Sec. 915. From the funds appropriated in part 1 for community substance use disorder prevention, education, and treatment and opioid response activities, the department shall, to the extent possible, provide grants, pursuant to federal laws, rules, and regulations, to local public entities that provide substance use disorder services and to 1 private entity that has a statewide contract to provide community-based substance use disorder services.

 

Sec. 916. From the funds appropriated in part 1 for behavioral health program administration, the department shall allocate $100,000.00 as a grant to a nonprofit mental health clinic located in a county with a population between 290,000 and 300,000 according to the most recent federal decennial census that provides counseling services, accepts clients regardless of their ability to pay for services through sliding scale copayments and volunteer services, and uses fundraising to support their clinic.

 

Sec. 917. From the funds appropriated in part 1 for opioid response activities, the department shall allocate $23,200,000.00 from the Michigan opioid healing and recovery fund created under section 3 of the Michigan trust fund act, 2000 PA 489, MCL 12.253, to create or supplement opioid-related programs and services in a manner consistent with the opioid judgement, settlement, or compromise of claims pertaining to violations, or alleged violations, of law related to the manufacture, marketing, distribution, dispensing, or sale of opioids.

 

Sec. 918. On a quarterly basis, providing monthly data, 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. 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, for the purposes of actuarially sound rate certification and approval for Medicaid behavioral health managed care programs, the department shall maintain a fee schedule for autism services reimbursement rates for direct services. Expenditures used for rate setting shall not exceed those identified in the fee schedule. The rates for behavioral technicians shall not be less than $52.35 per hour and not more than $57.35 per hour.

Sec. 926. (1) From the funds appropriated in part 1 for community substance use disorder prevention, education, and treatment, $500,000.00 is allocated for a specialized substance use disorder detoxification project administered by a 9-1-1 service district in conjunction with a substance use and case management provider and at a hospital within a 9-1-1 services district with at least 600,000 residents and 15 member communities within a county with a population of at least 1,500,000 according to the most recent federal decennial census.

(2) The substance use and case management provider receiving funds under this section shall collect and submit to the department data on the outcomes of the project throughout the duration of the project and the department shall submit a report on the 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. 927. (1) The department shall, in consultation with the Community Mental Health Association of Michigan, establish, maintain, and review as necessary, a uniform community mental health services auditing process for use by CMHSPs and PIHPs.

(2) The uniform auditing process required under this section must do all of the following:

(a) Create uniformity in the collection of data and consistent measurement of the quality, efficacy, and cost effectiveness of provided services and supports.

(b) Establish a uniform audit tool that contains information necessary for the uniform community mental health services auditing process and adheres to national standards.

(c) Strive to meet the needs of community mental health service beneficiaries and meet all statewide audit requirements.

(d) Maintain audit responsibility at the local agency level.

(3) By March 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on the implementation status of the uniform auditing process and any barriers to implementation.

(4) A state department or agency that provides, either directly or through a contract, community mental health services and supports must comply with the uniform auditing process and utilize the audit tool maintained by the department. All forms, processes, and contracts used by the state that relate to the provision of community mental health services and supports must comply with the uniform auditing process.

(5) As used in this section, “national standards” means standards established by a national accrediting entity such as the Joint Commission, Commission on Accreditation of Rehabilitation Facilities, Council on Accreditation, National Committee for Quality Assurance, or other credible body approved by the department.

 

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.

(3) It is the intent of the legislature that the amount of local funds used in subsection (1) be phased out and offset with state general fund/general purpose revenue in equal amounts over a 5-year period.

(4) Until the local funds are phased out as described in subsection (3), each PIHP shall not be required to provide local funds, used as part of the state match required under the Medicaid program in order to increase capitation rates for PIHPs, at an amount greater than what each PIHP received from local units of government, either directly or indirectly, during the fiscal year ending September 30, 2018 for this purpose.

 

Sec. 929. From the funds appropriated in part 1 for Michigan child collaborative care, the department shall allocate at least $350,000.00 to address needs in a city in which a declaration of emergency was issued because of drinking water contamination.

 

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 review expenditures for each CMHSP to identify CMHSPs with projected allocation surpluses and to identify CMHSPs with projected allocation shortfalls. The department shall encourage the board of a CMHSP with a projected allocation surplus to concur with the department’s recommendation to reallocate those funds to CMHSPs with projected allocation shortfalls.

(2) A CMHSP that has its funding allocation transferred out during the current fiscal year as described in subsection (1) is not eligible for any additional funding reallocations during the remainder of the current fiscal year, unless that CMHSP is responding to a public health emergency as determined by the department.

(3) CMHSPs shall report to the department on any proposed reallocations described in this section at least 30 days before any reallocations take effect.

(4) The department shall notify the chairs of the appropriation subcommittees on the department budget when a request is made and when the department grants approval for reallocation as described in subsection (1). By September 30 of the current fiscal year, the department shall provide a report on the amount of funding reallocated to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.

 

Sec. 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 reimbursements, the department shall allocate $5,000,000.00 to reimburse court-appointed public guardians for recipients who also receive CMHSP services, at a reimbursement of $50.00 per month. The department shall make these funds available to the CMHSPs to reimburse for court-appointed public guardians for those recipients receiving CMHSP services through the CMHSP. It is the intent of the legislature that these funds be used in addition to any other funds currently paid to court-appointed public guardians, but a court-appointed public guardian shall not be compensated more than $83.00 per month for any CMHSP-eligible recipient regardless of funding source. By September 15 of the current fiscal year, each CMHSP that has provided reimbursement to court-appointed public guardians shall provide the department a report that shall be shared with 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 court-appointed public guardians who were reimbursed, the amount of reimbursement for each court-appointed public guardian and the number of court-appointed public guardians who received these funds, the number of court-appointed public guardians who were also reimbursed by the counties, and the per-month reimbursement rates provided by the counties.

 

Sec. 960. (1) From the funds appropriated in part 1 for autism services, the department shall continue to cover all Medicaid autism services to Medicaid enrollees eligible for the services that were covered on January 1, 2019.

(2) To restrain cost increases in the autism services line item, the department shall do all of the following:

(a) By March 1 of the current fiscal year, develop and implement specific written guidance for standardization of Medicaid PIHPs and CMHSPs autism spectrum disorder administrative services, including, but not limited to, reporting requirements, coding, and reciprocity of credentialing and training between PIHPs and CMHSPs to reduce administrative duplication at the PIHP, CMHSP, and service provider levels.

(b) Require consultation with the client’s evaluation diagnostician and PIHP to approve the client’s ongoing therapy for 3 years, unless the client’s evaluation diagnostician recommended an evaluation before the 3 years or if a clinician on the treatment team recommended an evaluation for the client before the third year.

(c) Limit the authority to perform a diagnostic evaluation for Medicaid autism services to qualified licensed practitioners. Qualified licensed practitioners are limited to the following:

(i) A physician with a specialty in psychiatry or neurology.

(ii) A physician with a subspecialty in developmental pediatrics, development-behavioral pediatrics, or a related discipline.

(iii) A physician with a specialty in pediatrics or other appropriate specialty with training, experience, or expertise in autism spectrum disorders or behavioral health.

(iv) A psychologist with a specialty in clinical child psychology, behavioral and cognitive psychology, or clinical neuropsychology, or other appropriate specialty with training, experience, or expertise in autism spectrum disorders or behavioral health.

(v) A clinical social worker with at least 1 year of experience working within his or her scope of practice who is qualified and experienced in diagnosing autism spectrum disorders.

(vi) An advanced practice registered nurse with training, experience, or expertise in autism spectrum disorders or behavioral health.

(vii) A physician’s assistant with training, experience, or expertise in autism spectrum disorders or behavioral health.

(d) Require that a client whose initial diagnosis was performed by a diagnostician with master’s level credentials have their diagnosis and treatment recommendations reviewed by a physician, psychiatric nurse practitioner, physician’s assistant with training, experience, or expertise in autism spectrum disorders or behavioral health, or fully credentialed psychologist.

(e) Allow and expand the utilization of telemedicine and telepsychiatry to increase access to diagnostic evaluation services.

(f) Coordinate with the department of insurance and financial services on oversight for compliance with the Paul Wellstone and Pete Domenici mental health parity and addiction equity act of 2008, Public Law 110-343, as it relates to autism spectrum disorder services, to ensure appropriate cost sharing between public and private payers.

(g) Require that Medicaid eligibility be confirmed through prior evaluations conducted by physicians, psychiatric nurse practitioners, physician’s assistant with training, experience, or expertise in autism spectrum disorders or behavioral health, or fully credentialed psychologists to the extent possible.

(h) Maintain regular statewide provider trainings on autism spectrum disorder standard clinical best practice guidelines for treatment and diagnostic services.

(3) 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 total autism services spending broken down by PIHP and CMHSP for the previous fiscal year and current fiscal year and total administrative costs broken down by PIHP, CMHSP, and the type of administrative cost for the previous fiscal year and current fiscal year.

 

Sec. 962. For the purposes of special projects involving high-need children or adults, including the not guilty by reason of insanity population, the department may contract directly with providers of services to these identified populations.

 

Sec. 964. By October 1 of the current fiscal year, the department shall provide 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 with the standardized fee schedule for Medicaid behavioral health services and supports. The report shall also include the adequacy standards to be used in all contracts with PIHPs and CMHSPs. In the development of the standardized fee schedule for Medicaid behavioral health services and supports during the current fiscal year, the department must prioritize and support essential service providers and must develop a standardized fee schedule for revenue code 0204.

 

Sec. 965. From the funds appropriated in part 1, the department and the PIHPs shall increase the comparison rates and any associated reimbursement rates of the bundled rate H0020 for the administration and services of methadone to $19.00.

 

Sec. 970. The department shall maintain the policies in effect on October 1, 2018 for the federal home and community-based services rule as it relates to skill building assistance services. The skill building assistance services shall remain eligible for federal match until March 17, 2023 as stated in the CMS informational bulletin dated May 9, 2017 and extended in the CMS letter to state Medicaid directors on July 14, 2020. From the funds appropriated in part 1, the department shall continue to seek federal matching funds for skill building assistance services. As a condition of their contracts with the department, CMHSPs shall retain any federally approved skill building assistance services available as of October 1, 2018.

 

Sec. 972. From the funds appropriated in part 1 for behavioral health program administration, the department shall allocate not less than $3,000,000.00 general fund/general purpose revenue and any associated federal match or federal grant funding, including, but not limited to, associated federal 988 grant funding for the mental health telephone access line known as the Michigan crisis and access line (MiCAL), to provide primary coverage in regions where a regional national suicide prevention lifeline center does not provide coverage and for statewide secondary coverage, to establish and make available to the public MiCAL in accordance with section 165 of the mental health code, 1974 PA 258, MCL 330.1165.

 

Sec. 974. The department and PIHPs shall allow an individual with an intellectual or developmental disability who receives supports and services from a CMHSP to instead receive supports and services from another provider if the individual shows that he or she is eligible and qualified to receive supports and services from another provider. Other providers may include, but are not limited to, MIChoice and program of all-inclusive care for the elderly (PACE). The department may contract with an independent person-planning company to coordinate the services described in this section.

 

Sec. 977. From the funds appropriated in part 1 for community substance use disorder prevention, education, and treatment, $600,000.00 is allocated as grants to high schools specifically designated for students recovering from a substance use disorder in accordance with section 273a of the mental health code, 1974 PA 258, MCL 330.1273a.

 

Sec. 978. From the funds appropriated in part 1 for community substance use disorder prevention, education, and treatment, the department shall allocate $1,200,000.00 as grants for recovery community organizations to offer or expand recovery support center services or recovery community center services to individuals seeking long-term recovery from substance use disorders in accordance with section 273b of the mental health code, 1974 PA 258, MCL 330.1273b.

 

Sec. 979. If funds become available, the department shall seek the appropriate federal approvals to allow for the utilization of Medicaid funding for services provided at adult psychiatric residential treatment facilities. By March 1 of the current fiscal year, the department shall report on its progress toward receiving the appropriate federal approvals to allow for federal Medicaid reimbursements for services provided at adult psychiatric residential treatment facilities 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.

 

Sec. 995. (1) From the funds appropriated in part 1 for mental health diversion council, the department shall allocate $3,850,000.00 to continue to implement the jail diversion pilot programs intended to address the recommendations of the mental health diversion council.

(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, and the senate and house policy offices on the planned allocation of the funds appropriated for mental health diversion council.

 

Sec. 996. From the funds appropriated in part 1 for family support subsidy, the department shall make monthly payments of $300.36 to the parents or legal guardians of children approved for the family support subsidy by a CMHSP.

 

Sec. 997. The population data used in determining the distribution of substance use disorder block grant funds shall be from the most recent federal data from the United States Census Bureau.

 

Sec. 998. For distribution of state general funds to CMHSPs, if the department decides to use census data, the department shall use the most recent federal data from the United States Census Bureau.

 

BEHAVIORAL HEALTH SERVICES

Sec. 1001. By December 31 of the current fiscal year, each CMHSP shall submit a report to the department that identifies populations being served by the CMHSP broken down by program eligibility category. The report shall also include the percentage of the operational budget that is related to program eligibility enrollment. By February 15 of the current fiscal year, the department shall submit the report described in this section to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.

 

Sec. 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 subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office any rebased formula changes to either Medicaid behavioral health services or non-Medicaid mental health services 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. (1) From the funds appropriated in part 1 for health homes, the department shall maintain the number of behavioral health homes in PIHP regions 1, 2, 6, 7, and 8 and maintain the number of substance use disorder health homes in PIHP regions 1, 2, 4, 6, 7, 9, and 10. The department may expand the number of behavioral health homes in PIHP region 5 and the number of substance use disorder health homes in PIHP regions 3, 4, 5, and 8.

(2) On a quarterly basis, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the number of individuals being served and expenditures incurred by each PIHP region by site.

 

Sec. 1008. PIHPs and CMHSPs shall do all of the following:

(a) Work to reduce administration costs by ensuring that PIHP and CMHSP responsible functions are efficient in allowing optimal transition of dollars to those direct services considered most effective in assisting individuals served. Any consolidation of administrative functions must demonstrate, by independent analysis, a reduction in dollars spent on administration resulting in greater dollars spent on direct services. Savings resulting from increased efficiencies shall not be applied to PIHP and CMHSP net assets, internal service fund increases, building costs, increases in the number of PIHP and CMHSP personnel, or other areas not directly related to the delivery of improved services.

(b) Take an active role in managing mental health care by ensuring consistent and high-quality service delivery throughout its network and promote a conflict-free care management environment.

(c) Ensure that direct service rate variances are related to the level of need or other quantifiable measures to ensure that the most money possible reaches direct services.

(d) Whenever possible, promote fair and adequate direct care reimbursement, including fair wages for direct service workers.

 

Sec. 1010. (1) The funds appropriated in part 1 for behavioral health community supports and services must be used to reduce waiting lists at state-operated hospitals and centers through cost-effective community-based and residential services, including, but not limited to, assertive community treatment (ACT), forensic assertive community treatment (FACT), crisis stabilization units in accordance with chapter 9A of the mental health code, 1974 PA 258, MCL 330.1971 to 330.1979, and psychiatric residential treatment facilities in accordance with section 137a of the mental health code, 1974 PA 258, MCL 330.1137a.

(2) From the funds appropriated in part 1 for behavioral health community supports and services, the department shall allocate $30,450,000.00 to reimburse private providers for intensive psychiatric treatments and services outside of state-operated hospitals and centers and support efforts related to the oversight of community-based programs placement.

(3) If the private provider has an existing wait list for intensive psychiatric treatments and services, any reimbursements to private providers under this section must not be conditional on private providers giving wait-list priority to state-paid individuals.

 

Sec. 1011. To the extent permissible under section 919 of the mental health code, 1974 PA 258, MCL 330.1919, the funds appropriated in part 1 for behavioral health services may be used to reimburse out-of-state providers of crisis resolution services and outpatient services if the out-of-state provider is enrolled as a state Medicaid provider and the out-of-state provider is located closer to the client’s home than an in-state provider.

 

Sec. 1012. It is the intent of the legislature that the department pursue any and all federal Medicaid waivers to maximize the use of federal Medicaid reimbursements for substance use disorder services and treatments for justice-involved individuals. By March 9 of the current fiscal year, the department shall provide a report on the types of substance use disorder waivers submitted by the department, whether those waivers have been approved by the Centers for Medicare and Medicaid Services, and the steps the department will take to request any and all federal Medicaid waivers to maximize the use of federal Medicaid reimbursements for substance use disorder services and treatments 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.

 

Sec. 1013. CMHSPs that operate preadmission screening units, or that have designated a hospital as a preadmission screening unit, may permit a sheriff’s office to use a qualified contracted entity to transport an individual for preadmission screening.

 

Sec. 1014. (1) From the funds appropriated in part 1 to agencies providing physical and behavioral health services to multicultural populations, the department shall award grants in accordance with the requirements of subsection (2). This state is not liable for any spending above the contract amount. The department shall not release funds until reporting requirements under section 1014 of article 6 of 2021 PA 87 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 performance-related 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. By February 1 of the current fiscal year, the department shall provide the annual reports to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office.

 

Sec. 1015. From the funds appropriated in part 1 for federal mental health block grant, the department shall, to the extent possible, provide grants, pursuant to federal laws, rules, and regulations, to local public entities that provide mental health services and to 1 private entity that has a statewide contract to provide community-based mental health services.

 

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. (1) The department shall identify specific outcomes and performance measures for state-operated hospitals and centers, including, but not limited to, the following:

(a) The average wait time for individuals determined incompetent to stand trial before admission to the center for forensic psychiatry.

(b) The average wait time for individuals determined incompetent to stand trial before admission to other state-operated psychiatric facilities.

(c) The average number of individuals waiting to receive admission into the center for forensic psychiatry.

(d) The average number of individuals waiting to receive admission into the other state-operated hospitals and centers.

(e) The average wait time for individuals awaiting admission into the other state-operated hospitals and centers through the civil admissions process.

(f) The number of individuals determined not guilty by reason of insanity or incompetent to stand trial by an order of a probate court that have been determined to be ready for discharge to the community, and the average wait time between being determined to be ready for discharge to the community and actual community placement.

(g) The number of individuals denied admission into the center for forensic psychiatry.

(h) The number of individuals denied admission into the other state-operated hospitals and centers.

(2) By March 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the outcomes and performance measures in subsection (1).

 

Sec. 1060. By March 1 of the current fiscal year, the department shall provide a report on mandatory overtime, staff turnover, and staff retention at the state psychiatric hospitals and centers to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office. The report shall include, but is not limited to, the following:

(a) The number of direct care and clinical staff positions that are currently vacant by hospital, and how that compares to the number of vacancies during the previous fiscal year.

(b) A breakdown of voluntary and mandatory overtime hours worked by position and by hospital, and how that compares to the breakdown of voluntary and mandatory overtime hours during the previous fiscal year.

(c) The ranges of wages paid by position and by hospital, and how that compares to wages paid during the previous fiscal year.

 

Sec. 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. Capital outlay funding shall be utilized for planning and construction of a new or updated facility at the current location instead of at a new location.

 

Sec. 1063. (1) From the funds appropriated in part 1 for Hawthorn Center - psychiatric hospital - children and adolescents, the department shall maintain a psychiatric transitional unit and children’s transition support team. These programs shall 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 these programs 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) The measured change in the Child and Adolescent Functional Assessment Scale for children served through these programs.

 

HEALTH AND HUMAN SERVICES POLICY AND INITIATIVES

Sec. 1140. From the funds appropriated in part 1 for primary care services, $400,000.00 shall be allocated to free health clinics operating in the state. The department shall distribute the funds equally to each free health clinic. For the purpose of this appropriation, “free health clinics” means nonprofit organizations that use volunteer health professionals to provide care to uninsured individuals.

 

Sec. 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. 1143. From the funds appropriated in part 1 for primary care services, the department shall allocate no less than $675,000.00 for island primary health care access and services including island clinics, in the following amounts:

(a) Beaver Island, $250,000.00.

(b) Mackinac Island, $250,000.00.

(c) Drummond Island, $150,000.00.

(d) Bois Blanc Island, $25,000.00.

 

Sec. 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. 1146. From the funds appropriated in part 1 for bone marrow donor and blood bank programs, $250,000.00 shall be allocated to Versiti Blood Center, the partner of the match registry of the national marrow donor program. The funds shall be used to offset ongoing tissue typing expenses associated with donor recruitment and collection services and to expand those services to better serve the citizens of this state.

 

Sec. 1147. From the funds appropriated in part 1 for bone marrow donor and blood bank programs, $500,000.00 shall be allocated to Versiti Blood Center for a cord blood bank. The funds shall be used to enhance the collection of fetal umbilical cord blood and stem cells for transplant, expand cord blood laboratory capabilities, and expand the diversity of collections.

 

Sec. 1148. From the funds appropriated in part 1 for policy and planning administration, $100,000.00 is allocated for informational materials related to section 27(2)(a) of article I of the state constitution of 1963 regarding human embryo and embryonic stem cell research.

 

Sec. 1151. (1) 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.

(2) 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.

 

EPIDEMIOLOGY, EMERGENCY MEDICAL SERVICES, AND LABORATORY

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 care management for children with lead exposure, and to achieve a long-term reduction in the percentage of children in this state with elevated blood lead levels.

 

Sec. 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 healthy homes program, no less than $7,291,000.00 of general fund/general purpose funds and $18,259,000.00 of federal funds shall be allocated for lead abatement of homes.

(2) By April 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on the expenditures and activities undertaken by the lead abatement program in the previous fiscal year from the funds appropriated in part 1 for the healthy homes program. The report shall include, but is not limited to, a funding allocation schedule, the expenditures by category of expenditure and by subcontractor, the revenues received, a description of program elements, the number of housing units abated of lead-based paint hazards, and a description of program accomplishments and progress.

 

Sec. 1183. The department shall not require a medical first response service to submit data for purposes of the Michigan emergency medical services information system if the medical first response service is located in a county with a population of less than 85,000 according to the most recent federal decennial census and is composed of only medical first responders who provide services without expecting or receiving money, goods, or services in return for providing those services. A medical first response service described in this section shall ensure that a medical first responder provides, in writing, at least all of the following information to an emergency medical technician, emergency medical technician specialist, or paramedic, arriving at the scene after the medical first responder:

(a) The time of the initial medical first responder’s arrival at the scene.

(b) The patient’s condition at the time of the initial medical first responder’s arrival at the scene.

(c) Information gathered from a patient assessment, including, but not limited to, the patient’s vital signs and level of consciousness.

 

Sec. 1184. (1) From the funds appropriated in part 1 for emergency medical services program, the department shall, in coordination with the state emergency medical services coordination committee established under section 20915 of the public health code, 1978 PA 368, MCL 333.20915, medical control authorities, and other emergency medical services organizations, review, revise, and improve the process for the consideration, discussion, announcement, and implementation of any changes proposed by the department for emergency medical services system guidance, guidelines, or protocols.

(2) The goal to improve the current process shall be the effective and safe provision of emergency medical services.

(3) The revised and improved process shall include, but not be limited to, the following:

(a) Increased communication, transparency, and collaboration, to culminate in clarity of, and real-time access to, current department guidance, guidelines, or protocols, and the status of any changes being considered.

(b) Formal notification of proposed changes to guidance, guidelines, or protocols from the department to the state emergency medical services coordination committee no less than 30 days before implementation.

(c) Receipt by the department of a recommendation from the state emergency medical services coordination committee regarding the proposed changes to guidance, guidelines, or protocols before implementation by the department of the changes.

(4) The department shall provide access and status updates, including any proposed rules being considered through the administrative rules process, to the public on the department’s website, which shall be updated by the department on a weekly basis.

(5) The department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies and policy offices, and the state budget director by April 15 of the current fiscal year on the findings of the review and include summaries of actions undertaken to identify, revise, and improve any weaknesses in the current process.

 

Sec. 1185. From the funds appropriated in part 1 for emergency medical services program, $25,000.00 is allocated for a grant to fund a free family emergency readiness public expo event held in a county with a population between 193,000 and 194,000 according to the most recent federal decennial census. The purpose of the event shall be to educate local residents about preparedness in an emergency, disaster, or crisis including planning, assessing specific personal and household needs, and skills to cope, survive, recover, and prevail.

 

Sec. 1186. (1) From the funds appropriated in part 1 for emergency medical services program, the department shall allocate $3,000,000.00 for a statewide stroke and STEMI system of care for time-sensitive emergencies. This system must be integrated into the statewide trauma care system within the emergency medical services system and must include at least all of the following:

(a) The designation of facilities as stroke and STEMI facilities based on a verification that national certification or accreditation standards have been met.

(b) A requirement that a hospital is not required to be designated as providing certain levels of care for stroke or STEMI.

(c) The development and utilization of stroke and STEMI registries that utilize nationally recognized data platforms with confidentiality standards.

(2) By March 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies and policy offices, and the state budget office on the expenditures and activities undertaken by the statewide stroke and STEMI system of care for time-sensitive emergencies in the previous fiscal year from the funds appropriated under section 1186(1) of article 6 of 2021 PA 87. The report must include, but is not limited to, a funding allocation schedule, expenditures by category of expenditure and by vendor or grantee, and a description of program accomplishments and progress.

(3) For the purposes of this section, “STEMI” means an ST-elevation myocardial infarction.

 

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 the 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 that arrangement after October 1 of the current fiscal year, the department may 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 environment, Great Lakes, and energy.

(2) Local public health departments shall be held to contractual standards for the services in subsection (1).

(3) Distributions in subsection (1) shall be made only to counties that maintain local spending in the current fiscal year of at least the amount expended in fiscal year 1992-1993 for the services described in subsection (1).

(4) If a local health officer has an emergency order under section 2453 of the public health code, 1978 PA 368, MCL 333.2453, in effect as of October 1, 2022, the funds appropriated in part 1 for essential local public health services shall not be distributed by the department to that local entity. This subsection does not apply if a county board of commissioners passes a nonbinding resolution by a record roll call vote to support any emergency orders the local health officer has in effect on October 1 of the current fiscal year.

(5) By February 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget director on the planned allocation of the funds appropriated for essential local public health services.

(6) The department shall continue implementation of the distribution formula for the allocation of essential local public health services funding to local health departments as specified by section 1234 of article X of 2018 PA 207.

(7) From the funds appropriated in part 1 for essential local public health services, each local public health department is allocated not less than the amount allocated to that local public health department during the previous fiscal year.

 

Sec. 1225. The department shall work with the Michigan health endowment fund corporation established under section 653 of the nonprofit health care corporation reform act, 1980 PA 350, MCL 550.1653, to explore ways to fund and evaluate current and future policies and programs.

 

Sec. 1227. The department shall establish criteria for all funds allocated for health and wellness initiatives. The criteria must include a requirement that all programs funded be evidence-based and supported by research, include interventions that have been shown to demonstrate outcomes that lower cost and improve quality, and be designed for statewide impact. Preference must be given to programs that utilize the funding as match for additional resources, including, but not limited to, federal sources.

Sec. 1231. (1) From the funds appropriated for local health services, up to $4,750,000.00 shall be allocated for grants to local public health departments to support PFAS response and emerging public health threat activities. A portion of the funding shall be allocated by the department in a collaborative fashion with local public health departments in jurisdictions experiencing PFAS contamination. The remainder of the funding shall be allocated to address infectious and vector-borne disease threats, and other environmental contamination issues such as vapor intrusion, drinking water contamination, and lead exposure. The funding shall be allocated to address issues including, but not limited to, staffing, planning and response, and creation and dissemination of materials related to PFAS contamination issues and other emerging public health issues and threats.

(2) By March 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on actual expenditures in the previous fiscal year and planned spending in the current fiscal year of the funds described in subsection (1), including recipient entities, amount of allocation, general category of allocation, and detailed uses.

 

Sec. 1232. The department may work to ensure that the United States Department of Defense reimburses 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.

 

Sec. 1239. The department shall participate in and give necessary assistance to the Michigan PFAS action response team (MPART) pursuant to Executive Order No. 2019-03. The department shall collaborate with MPART and other departments to carry out appropriate activities, actions, and recommendations as coordinated by MPART. Efforts shall be continuous to ensure that the department’s activities are not duplicative with activities of another department or agency.

 

Sec. 1240. From the funds appropriated in part 1 for chronic disease control and health promotion administration, $70,000.00 is allocated to support a rare disease advisory council and responsibilities of the council, which may include all of the following:

(a) Developing a list of rare diseases.

(b) Posting the list of rare diseases on the department’s website.

(c) Updating the list of rare diseases.

(d) Annually investigating and reporting to the legislature on 1 rare disease on the list, and including legislative recommendations in the report.

 

FAMILY HEALTH SERVICES

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 previous 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) As used in 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. 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 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, or allow grantees or subcontractors to use those 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 1(1) 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 1(1) 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 section 1(1) 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 section 1(1) of 2002 PA 360, MCL 333.1091.

 

Sec. 1306. (1) From the funds appropriated in part 1 for the drinking water declaration of emergency, the department shall allocate funds to address needs in a city in which a declaration of emergency was issued because of drinking water contamination. These funds may support, but are not limited to, the following activities:

(a) Nutrition assistance, nutritional and community education, food bank resources, and food inspections.

(b) Epidemiological analysis and case management of individuals at risk of elevated blood lead levels.

(c) Support for child and adolescent health centers, children’s healthcare access program, and pathways to potential programming.

(d) Nursing services, breastfeeding education, evidence-based home visiting programs, intensive services, and outreach for children exposed to lead coordinated through local community mental health organizations.

(e) Department field operations costs.

(f) Lead poisoning surveillance, investigations, treatment, and abatement.

(g) Nutritional incentives provided to local residents through the double up food bucks expansion program.

(h) Genesee County health department food inspectors to perform water testing at local food service establishments.

(i) Transportation related to health care delivery.

(j) Senior initiatives.

(k) Lead abatement contractor workforce development.

(2) From the funds appropriated in part 1 for the drinking water declaration of emergency, the department shall allocate $300,000.00 for Revive Community Health Center for health support services as the center pursues certification as a federally qualified health center.

(3) From the funds appropriated in part 1 for the drinking water declaration of emergency, the department shall allocate $500,000.00 for rides to wellness through the Flint mass transportation authority.

 

Sec. 1307. From the funds appropriated in part 1 for prenatal care outreach and service delivery support, $700,000.00 of TANF revenue shall be allocated for a pregnancy and parenting support services program, which 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. Funds appropriated for educational and other programs and services primarily pertaining to family planning or reproductive health services, or both, in any line item in section 116 of part 1 for family health services, shall be allocated by the department according to section 1 of 2002 PA 360, MCL 333.1091.

 

Sec. 1311. From the funds appropriated in part 1 for prenatal care outreach and service delivery support, not less than $2,750,000.00 state general fund/general purpose funds shall be allocated for a rural home visit program. Equal consideration shall be given to all eligible evidence-based providers in all regions in contracting for rural home visitation services.

 

Sec. 1312. From the funds appropriated in part 1 for prenatal care and premature birth avoidance grant, the department shall allocate $1,000,000.00 as a grant to help fulfill contract obligations between the department and a federal Healthy Start Program located in a county with a population between 600,000 and 700,000 according to the most recent federal decennial census. To be eligible to receive funding, the organization must be a partnership between various health agencies, and utilize a social impact bonding strategy approved by the department to enhance support to underserved populations for prenatal care and premature birth avoidance.

 

Sec. 1313. (1) The department shall continue developing an outreach program on fetal alcohol syndrome services, targeting health promotion, prevention, and intervention.

(2) The department shall explore federal grant funding to address prevention services for fetal alcohol syndrome and reduce alcohol consumption among pregnant women.

(3) By February 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on planned spending of appropriations within the department budget for fetal alcohol syndrome projects and services, including appropriation line item, agency or recipient entities, amount and purpose of allocation, and detailed uses. The report shall include a summary of outcomes accomplished by the funding investments and metrics used to determine outcomes, if available.

 

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 neonatal substance exposure, fetal alcohol syndrome, and other preventable neonatal disease.

(f) Tracking of maternal increase in healthy behaviors following childbirth.

 

Sec. 1315. (1) From the funds appropriated in part 1 for dental programs, $150,000.00 shall be allocated to the Michigan Dental Association for the administration of a volunteer dental program that provides dental services to the uninsured.

(2) By February 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on health policy, the senate and house fiscal agencies, and the state budget office the number of individual patients treated, number of procedures performed, and approximate total market value of those procedures from the previous fiscal year.

 

Sec. 1316. The department shall use revenue from mobile dentistry facility permit fees received under section 21605 of the public health code, 1978 PA 368, MCL 333.21605, to offset the costs of processing and issuing mobile dentistry facility permits.

 

Sec. 1317. (1) From the funds appropriated in part 1 for dental programs, $2,750,000.00 of general fund/general purpose revenue and any associated federal match shall be distributed to local health departments who partner with a qualified nonprofit provider of dental services for the purpose of providing high-quality dental homes for seniors, children, adults enrolled in Medicaid, and individuals who are low-income and uninsured.

(2) In order to be considered a qualified nonprofit provider of dental services, the provider must demonstrate the following:

(a) An effective health insurance enrollment process for uninsured patients.

(b) An effective process of charging patients on a sliding scale based on the patient’s ability to pay.

(c) Utilization of additional fund sources including, but not limited to, federal Medicaid matching funds.

(3) Providers shall report to the department by September 30 of the current fiscal year on outcomes and performance measures for the program under this section including, but not limited to, the following:

(a) The number of uninsured patients who visited a participating dentist over the previous year, broken down between adults and children.

(b) The number of patients assisted with health insurance enrollment, broken down between adults and children.

(c) A 5-year trend of the number of uninsured patients being served, broken down between adults and children.

(d) The number of unique patient visits by center.

(e) The number of unique Medicaid or Healthy Michigan plan patients served broken down by center.

(f) The number of children, seniors, and veterans served broken down by center.

(g) The total value of services rendered by the organization broken down by center.

(4) Within 15 days after receipt of the report required in subsection (3), the department shall provide a copy of the report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.

 

Sec. 1320. It is the intent of the legislature that funds appropriated in part 1 that may be expended for a public media campaign regarding publicly funded family planning or pregnancy prevention services shall not be used to communicate in that media campaign any message that implies, states, or can be interpreted to mean that abortion is a method of family planning or pregnancy prevention.

 

Sec. 1321. From the funds appropriated in part 1 for the Michigan model for health comprehensive health education curriculum in the family, maternal, and child health administration line item, the department may, in consultation with the department of education, the Michigan domestic and sexual violence prevention and treatment board, and the Michigan Coalition to End Domestic and Sexual Violence, redraft the curriculum for the “Growing Up & Staying Healthy” and “Healthy & Responsible Relationships” modules to include age-appropriate information about each of the following:

(a) The importance of consent, setting and respecting personal boundaries, and the prevention of child sexual abuse as outlined in section 1505 of the revised school code, 1976 PA 451, MCL 380.1505, and consistent with the recommendations and guidelines set by the task force on the prevention of sexual abuse of children created under section 12b of the child protection law, 1975 PA 238, MCL 722.632b.

(b) The prevention of sexual assault and dating violence.

(c) The prevention of human trafficking.

 

Sec. 1322. (1) The department shall provide a report by April 15 of the current fiscal year to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on state immunization policy and practices. The report shall include all of the following items:

(a) A list of recommended vaccinations.

(b) The basis and rationale for inclusion of each listed item.

(c) The indicators, measures, and performance outcomes that document improvement in human health for each listed item.

(2) From the funds appropriated in part 1 for immunization program, $50,000.00 shall be allocated for the purpose of publishing and printing the report described in subsection (1) in a summary format to be made available to the public as an informational brochure, provided free of charge through the department’s health promotions clearinghouse to providers, groups, or individuals for free distribution.

 

Sec. 1323. From the funds appropriated in part 1 for maternity home program, the department shall allocate $4,000,000.00 for grants and other expenditures for safe housing and comprehensive supportive services without charge for pregnant women who are without a safe home and in need statewide, which must include access to health and prenatal care, parenting and life skill development, and services and education for a stable transition to independent living. The department shall provide grants of up to $50,000.00 to support and expand existing maternity home housing and services programs as described under this section. The department shall conduct a statewide assessment to identify underserved communities in need of greater access to maternity home programs.

 

Sec. 1341. The department shall utilize income eligibility and verification guidelines established by the Food and Nutrition Service agency of the United States Department of Agriculture in determining eligibility of individuals for the special supplemental nutrition program for women, infants, and children (WIC) as stated in current WIC policy.

Sec. 1342. From the funds appropriated in part 1 for family, maternal, and child health administration, $500,000.00 shall be allocated for a school children’s healthy exercise program to promote and advance physical health for school children in kindergarten through grade 8. The department shall recommend model programs for sites to implement that incorporate evidence-based best practices. The department shall grant the funds appropriated in part 1 for before- and after-school programs. The department shall establish guidelines for program sites, which may include schools, community-based organizations, private facilities, recreation centers, or other similar sites. The program format shall encourage local determination of site activities and shall encourage local inclusion of youth in the decision-making regarding site activities. Program goals shall include children experiencing improved physical health and access to physical activity opportunities, the reduction of obesity, providing a safe place to play and exercise, and nutrition education. To be eligible to participate, program sites shall provide a 20% match to the state funding, which may be provided in full, or in part, by a corporation, foundation, or private partner. The department shall seek financial support from corporate, foundation, or other private partners for the program or for individual program sites.

 

Sec. 1343. From the funds appropriated in part 1 for dental programs, the department shall allocate $1,760,000.00 of state and local funds plus any private contributions received to support the program to establish and maintain a dental oral assessment program to provide assessments to school children as provided in section 9316 of the public health code, 1978 PA 368, MCL 333.9316.

 

Sec. 1345. From the funds appropriated in part 1 for maternal navigator pilot program, the department must establish not less than 2 geographically diverse maternal navigator pilot programs. Eligible maternal navigator pilot program grantees must be a nonprofit counseling or other similar nonprofit service organization that promotes childbirth and alternatives to abortion. The services provided by the maternal navigator pilot programs must include, but are not limited to, all of the following:

(a) Referral services, and partial or full reimbursement, for counseling for victims of rape and other forms of abuse and violence that result in pregnancy.

(b) Referral services, and partial or full reimbursement, for specialized substance use disorder services, including residential services.

(c) Referral services, and partial or full reimbursement, to a hospital or health system for information and services for women of childbearing age who are seeking nutritional, prenatal, childbirth, and postnatal care and who are also in need of assistance with understanding recent advances in prenatal and postnatal medicines.

(d) Referral services, and partial or full reimbursement, for counseling, emotional support services, genetic counseling, and other services to individuals and couples experiencing difficulties or having genetic concerns related to pregnancy or parenting.

 

Sec. 1346. (1) From the funds appropriated in part 1 for pregnancy resource centers, the department shall allocate $1,500,000.00 as grants to pregnancy resource centers operating in the state. The department shall accept applications from pregnancy resource centers through December 31 of the current fiscal year and distribute the grant funds equally to each eligible pregnancy resource center applicant.

(2) As used in this section, “pregnancy resource centers” means private nonprofit organizations that promote childbirth and alternatives to abortion, provide referrals and information, and may also provide other services related to pregnancy or post-pregnancy.

 

Sec. 1347. The department shall not use state restricted funds or state general funds appropriated in part 1, or allow grantees or subcontractors to use those funds, for abortion counseling, referrals, or services, or for any activities regarding human cloning or research in which a human embryo or embryos are destroyed or discarded.

 

Sec. 1348. From the funds appropriated in part 1, the department shall submit a report by February 18 of the current fiscal year to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on any request for proposals issued by this state for the healthy moms healthy babies program and on any healthy moms healthy babies programs that are established.

 

Sec. 1349. Subject to federal approval, from the funds appropriated in part 1 for immunization program, the department shall allocate $740,000.00 of general fund/general purpose plus any available work project funds and federal match through an administered contract with oversight from health services administration and public health administration. The funds shall be used to support a statewide media campaign for improving this state’s immunization rates.

CHILDREN’S SPECIAL HEALTH care SERVICES

Sec. 1360. The department may do 1 or more of the following:

(a) Provide special formulas for eligible clients with specified metabolic and allergic disorders.

(b) Provide medical care and treatment to eligible patients with cystic fibrosis who are 21 years of age or older.

(c) Provide medical care and treatment to eligible patients with hereditary coagulation defects, commonly known as hemophilia, who are 21 years of age or older.

(d) Provide human growth hormone to eligible patients.

(e) Provide mental health care for mental health needs that result from, or are a symptom of, the individual’s qualifying medical condition.

(f) Provide medical care and treatment to eligible patients with sickle cell disease who are 21 years of age or older.

 

Sec. 1361. From the funds appropriated in part 1 for medical care and treatment, the department may spend those funds for the continued development and expansion of telemedicine capacity to allow families with children in the children’s special health care services program to access specialty providers more readily and in a more timely manner. The department may spend funds to support chronic complex care management of children enrolled in the children’s special health care services program to minimize hospitalizations and reduce costs to the program while improving outcomes and quality of life.

 

Sec. 1363. From the funds appropriated in part 1 for children’s special health care services administration, the department shall allocate $1,000,000.00 as a grant to an independent biomedical research and science education organization in a county with a population between 600,000 and 700,000 and in a city with a population over 185,000 according to the most recent federal decennial census to be used for matching federal funds, private and nonprofit grants, and private contributions.

 

Aging services

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 older adults.

 

Sec. 1403. (1) By April 1 of the current fiscal year, the department shall require each area agency on aging region to report data to the aging services agency and to the legislature on home-delivered meals waiting lists. The report must include data on 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) The data required in the report under subsection (1) must 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) Detailed expenditures 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. 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.

HEALTH AND AGING SERVICES ADMINISTRATION

Sec. 1501. (1) From the funds appropriated in part 1 for health services administration, the department shall allocate $200,000.00 to assess Medicaid reimbursement rates for medical, behavioral, and dental services relative to Medicare reimbursement rates for the same services.

(2) By July 1 of the current fiscal year, the department shall report on the findings of subsection (1) and submit the provider reimbursement rate comparison tables 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. The provider reimbursement rate comparison tables shall include, but not be limited to, all of the following:

(a) Medicaid reimbursement rates, as of October 1, 2022, itemized by current procedural terminology (CPT) code, by provider type.

(b) Medicare reimbursement rates for Michigan Locality 01, as of October 1, 2022, itemized by CPT code, by provider type.

(c) Comparison between Medicaid and Medicare reimbursement rates by CPT code detailing the current Medicaid reimbursement rates as a percentage of the current Medicare reimbursement rates for Michigan Locality 01, by provider type.

(3) As used in this section, “provider type” means all of the following categories of procedure codes, fee screens, or other billing reimbursement information administered by the department:

(a) Ambulance.

(b) Chiropractors.

(c) Dental.

(d) Family planning.

(e) Genetic counselors.

(f) Hearing services and hearing aid dealers.

(g) Home health.

(h) Hospice.

(i) Independent diagnostic testing facilities.

(j) Laboratory.

(k) Maternal infant health program.

(l) Medical suppliers, including, orthotists, prosthetists, and durable medical equipment dealers.

(m) Non-physician behavioral health.

(n) Physicians, practitioners, and medical clinics.

(o) Portable X-ray suppliers.

(p) Private duty nurse.

(q) Occupational, physical, and speech therapies.

(r) Urgent care centers.

(s) Vision.

 

Sec. 1505. By March 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office on the actual reimbursement savings and cost offsets that have resulted from the funds appropriated in part 1 for the office of inspector general and third party liability efforts in the previous fiscal year.

 

Sec. 1507. From the funds appropriated in part 1 for office of inspector general, the inspector general shall audit and recoup inappropriate or fraudulent payments from Medicaid managed care organizations to health care providers. Unless authorized by federal or state law, the department shall not fine, temporarily halt operations of, disenroll as a Medicaid provider, or terminate a managed care organization or health care provider from providing services due to the discovery of an inappropriate payment found during the course of an audit.

 

Sec. 1509. Due to the circumstances found in the department’s Medicaid non-emergency medical transportation (NEMT) services program by the office of the auditor general (OAG) audit number 391-0715-20, the department shall report to the senate and house of representatives 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 on corrective actions taken to correct deficiencies identified in the audit. The report must include, but is not limited to, the following information:

(a) The results of periodic random samplings of NEMT broker records to ensure compliance with provider eligibility documentation requirements.

(b) Actions taken and improvements made as a result of the formal vendor correction action plan implemented between the department and the department of technology, management, and budget with emphasis on improvements made in on-time performance, medical needs form deficiencies, and efforts made for active and ongoing monitoring.

(c) The results of periodic random samplings of NEMT broker records to review documentation requirements with attention paid to trip logs, medical needs forms, and any other information used to support NEMT encounter claims.

(d) The results of periodic random samplings of Medicaid health plans to ensure that NEMT encounter data is complete and accurate and encounter claims are valid.

(e) The amount, if any, of monetary penalties or liquidated damages assessed due to insufficient NEMT claims monitoring procedures.

(f) The rationale and any funding limitations that prevent the department from establishing performance standards and collecting performance data for NEMT services for beneficiaries not covered through a Medicaid health plan contract or an NEMT broker.

 

Sec. 1510. Due to the circumstances found in the department’s Medicaid and Children’s Health Insurance Program (CHIP) eligibility determinations processes by the office of the auditor general (OAG) audit number 391-0710-19, the department shall report to the senate and house of representatives 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 on corrective actions taken to reduce improper payments to ineligible beneficiaries, to maintain proper documentation and case files, and improvements made to the department’s internal controls. The report must include, but is not limited to, the following information:

(a) The number of beneficiaries by type of assistance (TOA) group whose TOA group was subsequently changed after initial determination and the reasons initial classifications were incorrect in the previous fiscal year.

(b) The number of beneficiaries and the total amount of payments made that were ineligible for federal reimbursement, not due to a mistaken TOA category in the previous fiscal year.

(c) For the previous 3 audit cycles, the total amount and percentage of federal reimbursement identified as improper payments by the Federal Payment Error Rate Measurement audit.

(d) For each of the previous 5 fiscal years, the department’s estimate of the net amount of federal reimbursement and state spending made in error.

(e) A list of all of the sources that the department uses to verify income for Medicaid and CHIP eligibility.

(f) A description of the training implemented for caseworkers to improve initial TOA eligibility determinations.

(g) The total number of beneficiaries in the previous fiscal year who received full healthcare coverage but did not have a valid Social Security number.

(h) A list of all changes made to ensure all Medicaid and CHIP beneficiaries have a valid Social Security number to receive full healthcare coverage.

(i) The total number of beneficiaries in the previous fiscal year who received full healthcare coverage but did not have an acceptable alien status.

(j) A list of all changes made to ensure all Medicaid and CHIP beneficiaries have an acceptable alien status to receive full healthcare coverage.

(k) Status update on the establishment of the Medicaid Eligibility Quality Assurance case review process to provide a timelier monitoring process.

 

Sec. 1511. On a monthly basis, the department shall work with the department of labor and economic opportunity to 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 utilization of workforce development programs by Healthy Michigan plan recipients through Michigan Works! The report shall include, but not be limited to, all of the following:

(a) The number of recipients currently receiving employment supports and services through workforce development programs.

(b) The total year-to-date number of recipients who have received employment supports and services through workforce development programs.

(c) The number of recipients who secured employment in this state after receiving employment supports and services through workforce development programs.

(d) A summary of employment supports and services provided to recipients through workforce development programs.

 

Sec. 1512. The updated Medicaid utilization and net cost report shall continue to separate nonclinical administrative costs from actual claims and encounter costs.

 

Sec. 1513. By September 30 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 implementation of recommendations made by the workgroup required by section 1513 of 2019 PA 67. The report shall include, but is not limited to, the following:

(a) Updates on the recommendations being implemented.

(b) Updates on the recommendations not being implemented and barriers preventing implementation.

Sec. 1514. From the funds appropriated in part 1 for health services administration, the department shall allocate $300,000.00 general fund/general purpose revenue and any associated federal match to support a predictive modeling tool to improve provider billing accuracy and reduce fraud, waste, and abuse in the Medicaid program. The tool must provide a prepayment cost avoidance solution that uses statistical predictive modeling techniques to identify outlier claims.

 

Sec. 1515. A qualified job placement agency may request contact information from the department for Healthy Michigan plan recipients for the geographic region the agency services. This contact information shall not include personal health information or extensive personal identifying information. As used in this section, a “qualified job placement agency” means a regional Michigan Works! agency or another nonprofit, governmental, or quasi-governmental body that provides job placement assistance as designated by the department.

 

Sec. 1517. By October 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the progress of the implementation of the specialty Medicaid managed care health plan for children in foster care, as required under section 1517 of article 6 of 2021 PA 87.

 

health 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. 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 Medicaid 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 under 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 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 for Medicaid 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 Medicaid recipients with other third-party sources of payment, Medicaid reimbursement shall not exceed, in combination with such other resources, including Medicare, those amounts established for Medicaid-only patients. The Medicaid payment rate shall be accepted as payment in full. Other than an approved Medicaid co-payment, no portion of a provider’s charge shall be billed to the recipient or any person acting on behalf of the recipient. This section does not affect the level of payment from a third-party source other than the Medicaid program. The department shall require a nonenrolled provider to accept Medicaid payments as payment in full.

(2) Notwithstanding subsection (1), Medicaid reimbursement for hospital services provided to dual Medicare/Medicaid 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 Medicaid-only patients, including capital payments.

 

Sec. 1615. (1) To minimize errors and overpayments, and to ensure the quality of actuarial rate setting of capitated rates, the department shall provide effective oversight and ensure the integrity of encounter claims submitted to the department by Medicaid health plans.

(2) The department may require Medicaid health plans to provide medical records to support claims data, upon request by the department. This subsection shall not require the disclosure of personal identifying information or any information that would be in violation of the health insurance portability and accountability act of 1996, Public Law 104-191.

(3) It is the intent of the legislature that the department perform annual internal audits of Medicaid claims provided by Medicaid health plans and report the findings 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. Internal audits performed under this subsection shall be conducted utilizing quantitative methodologies that provide for valid statistical results to include, but not be limited to, minimizing the impact of selection bias and insufficient sample sizes.

(4) If an internal audit performed in accordance with this section identifies discrepancies in the quality of actuarial rates, the department shall develop and implement actuarial procedures to reconcile encounter claims data and shall provide for a publicly available explanation of these procedures on the department’s website.

 

Sec. 1616. (1) By September 30 of the current fiscal year, the department shall seek federal authority to formally enroll and recognize community health workers as providers and to utilize Medicaid matching funds for community health worker services, including the potential of leveraging of a Medicaid state plan amendment, waiver authorities, or other means to secure financing for community health worker services. The appropriate federal approval must allow for community health worker services on a statewide basis and must not be a limited geography waiver. The authority should allow the application of community health worker services statewide and maximize their utility by providing financing that includes fee-for-service reimbursement, value-based payment, or a combination of both fee-for-service reimbursement and value-based payment for all services commensurate to their scope of training and abilities as provided by evidence-based research and programs.

(2) By September 30 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 progress of meeting the requirements in subsection (1).

 

Sec. 1617. (1) The department shall evaluate the merits of transitioning the Medicaid reimbursement methodology for federally qualified health centers from a prospective payment system to an alternative payment methodology. The alternative payment methodology must be a population-based capitated payment system that is based on a per-patient per-month reimbursement for each Medicaid recipient assigned to each federally qualified health center.

(2) By September 30 of the current fiscal year, the department shall report on the findings of the evaluation required under subsection (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.

 

Sec. 1620. (1) For fee-for-service Medicaid claims, the professional dispensing fee for drugs indicated as specialty medications on the Michigan pharmaceutical products list is $20.02 or the pharmacy’s submitted dispensing fee, whichever is less.

(2) For fee-for-service Medicaid claims, for drugs not indicated as specialty drugs on the Michigan pharmaceutical products list, the professional dispensing fee for medications is as follows:

(a) For medications indicated as preferred on the department’s preferred drug list, $10.80 or the pharmacy’s submitted dispensing fee, whichever is less.

(b) For medications not on the department’s preferred drug list, $10.64 or the pharmacy’s submitted dispensing fee, whichever is less.

(c) For medications indicated as nonpreferred on the department’s preferred drug list, $9.00 or the pharmacy’s submitted dispensing fee, whichever is less.

(3) The department shall require a prescription co-payment for Medicaid recipients not enrolled in the Healthy Michigan plan or with an income less than 100% of the federal poverty level of $1.00 for a generic drug or any drug indicated as preferred on the department’s preferred drug list and $3.00 for a brand-name drug not indicated as preferred on the department’s preferred drug list, except as prohibited by federal or state law or regulation.

(4) The department shall require a prescription co-payment for Medicaid recipients enrolled in the Healthy Michigan plan with an income of at least 100% of the federal poverty level of $4.00 for a generic drug or any drug indicated as preferred on the department’s preferred drug list and $8.00 for a brand-name drug not indicated as preferred on the department’s preferred drug list, except as prohibited by federal or state law or regulation.

 

Sec. 1625. The department shall not enter into any contract with a Medicaid managed care organization that relies on a pharmacy benefit manager that does not do all of the following:

(a) For pharmacies with not more than 7 retail outlets, utilizes a pharmacy reimbursement methodology of the national average drug acquisition cost plus a professional dispensing fee comparable to the applicable professional dispensing fee provided through section 1620. The pharmacy benefit manager or the involved pharmacy services administrative organization shall not receive any portion of the additional professional dispensing fee. The department shall identify the pharmacies this subdivision applies to and provide the list of applicable pharmacies to the Medicaid managed care organizations.

(b) For pharmacies with not more than 7 retail outlets, utilizes a pharmacy reimbursement methodology, when a national average drug acquisition cost price is not available, for brand drugs of the lesser of the wholesale acquisition cost, the average wholesale price less 16.7% plus a professional dispensing fee comparable to the applicable professional dispensing fee provided through section 1620, or the usual and customary charge by the pharmacy. The department shall identify the pharmacies this subdivision applies to and provide the list of applicable pharmacies to the Medicaid managed care organizations.

(c) For pharmacies with not more than 7 retail outlets, utilizes a pharmacy reimbursement methodology, when a national average drug acquisition cost price is not available, for generic drugs of the lesser of wholesale acquisition cost plus a professional dispensing fee comparable to the applicable professional dispensing fee provided through section 1620, average wholesale price less 30.0% plus a professional dispensing fee comparable to the applicable professional dispensing fee provided through section 1620, or the usual and customary charge by the pharmacy. The department shall identify the pharmacies this subdivision applies to and provide the list of applicable pharmacies to the Medicaid managed care organizations.

(d) Reimburses for a legally valid claim at a rate not less than the rate in effect at the time the original claim adjudication as submitted at the point of sale.

(e) Agrees to move to a transparent “pass-through” pricing model, in which the pharmacy benefit manager discloses the administrative fee as a percentage of the professional dispensing costs to the department.

(f) Agrees to not create new pharmacy administration fees and to not increase current fees more than the rate of inflation. This subdivision does not apply to any federal rule or action that creates a new fee.

(g) Agrees to not terminate an existing contract with a pharmacy with not more than 7 retail outlets for the sole reason of the additional professional dispensing fee authorized under this section.

 

Sec. 1626. (1) By January 15 of the current fiscal year, each pharmacy benefit manager that receives reimbursements, either directly or through a Medicaid health plan, from the funds appropriated in part 1 for medical services must submit all of the following information to the department for the previous fiscal year:

(a) The total number of prescriptions that were dispensed.

(b) The aggregate wholesale acquisition cost for each drug on its formulary.

(c) The aggregate amount of rebates, discounts, and price concessions that the pharmacy benefit manager received for each drug on its formulary. The amount of rebates shall include any utilization discounts the pharmacy benefit manager receives from a manufacturer.

(d) The aggregate amount of administrative fees that the pharmacy benefit manager received from all pharmaceutical manufacturers.

(e) The aggregate amount identified in subdivisions (b) and (c) that were retained by the pharmacy benefit manager and did not pass through to the department or to the Medicaid health plan.

(f) The aggregate amount of reimbursements the pharmacy benefit manager pays to contracting pharmacies.

(g) Any other information considered necessary by the department.

(2) By March 1 of the current fiscal year, the department shall submit the information provided under subsection (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.

(3) Any nonaggregated information submitted under this section shall be confidential and shall not be disclosed to any person by the department. Such information is not considered a public record of the department.

 

Sec. 1627. By April 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices on both of the following:

(a) The cost per Medicaid prescription for the fee-for-service population and separately the cost per Medicaid prescription for the managed care population for the fiscal years ending September 30, 2017 through the previous fiscal year.

(b) Projected cost per Medicaid prescription for the fee-for-service population and projected cost per Medicaid prescription for the managed care population for the current fiscal year.

 

Sec. 1628. From the funds appropriated in part 1 for hospital services and therapy and Healthy Michigan plan, the department shall allocate $3,000,000.00 in general fund/general purpose revenue and any associated federal match to increase the Medicaid reimbursement rate for dental services provided at ambulatory surgical centers and outpatient hospitals. The funding provided in this section must be used to increase the minimum rate for dental services provided in ambulatory surgical centers to $1,495.00 and increase the minimum rate for dental services provided in outpatient hospitals to $2,300.00.

 

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. 1630. (1) From the funds appropriated in part 1 for dental redesign, the department shall design and implement a redesign in the administration of Medicaid-funded adult dental services. The redesign must meet all of the following requirements:

(a) Fund sufficient reimbursement rates for Medicaid dental services to ensure provider participation in the Medicaid program.

(b) Improve Medicaid recipient access to an adequate network of Medicaid-enrolled dentists.

(c) Provide Medicaid recipients access to necessary utilization management and care coordination.

(d) Reduce administrative burden for participating dental practices in provider enrollment, claims processing, and payment.

(e) Not increase state general fund/general purpose expenditures above the amount appropriated for adult dental services in the current fiscal year.

(2) By November 1 of the current fiscal year, the department must share the details of the redesign detailed in subsection (1) with the house and senate appropriations committees, the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office.

(3) Upon receipt of the report detailed in subsection (2), the house and senate appropriations committees have until November 30 or 30 days of receipt of the report detailed in subsection (2), whichever is later, to disapprove the redesign required in subsection (1) by a majority vote in both committees. If a majority vote of both appropriations committees disapproving the plan detailed in subsection (2) fails, the department shall implement the redesign upon receipt of all necessary federal approvals.

 

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 Medicaid program shall submit cost reports completed in full within 5 months after the end of its fiscal year.

 

Sec. 1644. (1) From the funds appropriated in part 1, the department shall continue the direct care wage increase funded at $2.35 per hour to direct care workers employed by skilled nursing facilities for the current fiscal year. This funding must include all costs incurred by the employer, including payroll taxes, due to the wage increase. As used in this subsection, “direct care workers” means a registered professional nurse, licensed practical nurse, competency-evaluated nursing assistant, and respiratory therapist.

(2) From the funds appropriated in part 1, the department shall continue the direct care wage increase funded at $2.35 per hour to direct care workers employed by licensed adult foster care facilities and licensed homes for the aged that provide Medicaid-funded fee-for-service personal care services that were not eligible for any direct care worker pay adjustment under Medicaid-funded managed care. This funding must include all costs incurred by the employer, including payroll taxes, due to the wage increase.

 

Sec. 1645. (1) It is the intent of the legislature that the department establish the class I nursing facility current asset value bed limit based on the rolling 15-year history of new construction.

(2) It is the intent of the legislature that, for the fiscal year beginning October 1, 2023, the department modify the class I nursing facility current asset value bed limit based on the rolling 15-year history of new construction. The increase in the current asset value bed limit shall not exceed 4% of the limit for the fiscal year beginning October 1,2022.

 

Sec. 1646. (1) From the funds appropriated in part 1 for long-term care services, the department shall continue to administer a nursing facility quality measure initiative program. The initiative shall be financed through 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 a payment proportionate to their Medicaid participation rate.

(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) The department and nursing facility representatives shall evaluate the quality measure incentive program’s effectiveness on quality, measured by the change in the CMS 5-star quality measure domain rating since the implementation of quality measure incentive program. 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 senate and house policy offices on the findings of the evaluation.

 

Sec. 1647. By January 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the status of Maple Manor Rehab Center of Wayne v Mich Dep’t of Treasury, Docket No. 359235.

 

Sec. 1657. (1) Reimbursement for Medicaid 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. 1662. (1) The department shall ensure that an external quality review of each contracting HMO is performed that results in an analysis and evaluation of aggregated information on quality, timeliness, and access to health care services that the HMO or its contractors furnish to Medicaid beneficiaries.

(2) The department shall require Medicaid HMOs to provide EPSDT utilization data through the encounter data system, and HEDIS well child health measures in accordance with the National Committee for Quality Assurance prescribed methodology.

(3) The department shall provide a copy of the analysis of the Medicaid HMO annual audited HEDIS reports and the annual external quality review report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director, within 30 days after 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 health and aging 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 Medicaid 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.

(3) 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 penalty money received by the department as described in subsection (1). The report shall include, but is not limited to, the following information:

(a) The amount of penalty monies received by the department received in the previous fiscal year listed by the assessed entity.

(b) A list of the entities who were assessed penalties in the previous fiscal year with the rationale for each penalty.

 

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 health services school-based services payments, the department is authorized to do all of the following:

(a) Finance activities within the health and aging 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 Medicaid program.

 

Sec. 1693. The special Medicaid reimbursement appropriation in part 1 may be increased if the department submits a Medicaid 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, $1,121,400.00 of general fund/general purpose revenue and any associated federal match shall be distributed for poison control services to an academic health care system that has a high indigent care volume.

 

Sec. 1697. The department shall require that Medicaid health plans administering Healthy Michigan plan benefits maintain a network of dental providers in sufficient numbers, mix, and geographic locations throughout their respective service areas in order to provide adequate dental care for Healthy Michigan plan enrollees.

 

Sec. 1698. From the funds appropriated in part 1 for dental services, the department shall allocate $46,681,500.00 to increase the rates on the department’s dental fee schedule for adult fee-for-service Medicaid claims.

 

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 1802(2) of this part.

(d) Lump-sum payments to rural hospitals for obstetrical care provided under section 1802(1) of this part.

 

Sec. 1701. (1) The department shall explore the feasibility of obtaining appropriate federal approvals to allow for the utilization of Medicaid funding for the creation of a Medicaid supportive housing services benefit. 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 all of the following:

(a) The prospective number of eligible individuals.

(b) The anticipated enrolled individuals.

(c) The estimated cost.

(d) The timeline for implementation, if feasible.

(e) The proposed housing-based services and supports for Medicaid beneficiaries eligible for the benefit described in this section.

(2) It is the intent of the legislature that a Medicaid supportive housing services benefit target those Medicaid beneficiaries that experience chronic homelessness, as well as other high-risk individuals that experience lengthy or frequent institutional or adult residential care stays.

Sec. 1702. From the funds appropriated in part 1, the department shall allocate $2,820,000.00 in general fund/general purpose revenue and any associated federal match to provide a rate increase for private duty nursing services for Medicaid beneficiaries under the age of 21. It is the intent of the legislature for the rate to increase by 30%, but not less than 10%, for the services described under this section. 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 fragile individuals can be cared for in the most homelike setting possible.

 

Sec. 1704. (1) From the funds appropriated in part 1 for health plan services, the department shall maintain the Medicaid adult dental benefit for pregnant women enrolled in a Medicaid program.

(2) By April 15 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on the following:

(a) The number of pregnant women enrolled in Medicaid who visited a dentist over the previous fiscal year.

(b) The number of dentists statewide who participate in providing dental services to pregnant women enrolled in Medicaid.

 

Sec. 1757. The department shall obtain proof from all Medicaid recipients that they are United States citizens or otherwise legally residing in this country and that they are residents of this state before approving Medicaid eligibility.

 

Sec. 1763. It is the intent of the legislature that upon expiration of contract no. 071b7700073, the department shall issue an RFP for a 3-year contract for actuarial services, including, but not limited to, capitation rate setting for Medicaid and the Healthy Michigan plan. The department shall notify the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on what vendors submitted bids for the contract, which vendor received the contract, the evaluation process, and the criteria used by the department in awarding the contract for actuarial services.

 

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 for any fiscal year within 10 business days after certification 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.

 

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 any planned expansion into other geographic regions 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. 1786. (1) From the funds appropriated in part 1, the department shall increase Medicaid reimbursement for the administration of injectable vaccines to $16.13 and administration of oral vaccines to $12.25.

(2) The intent of the rate increases in subsection (1) of this section is to improve immunization rates among Medicaid beneficiaries and reduce the spread of preventable illness.

 

Sec. 1788. From the funds appropriated in part 1, the department shall provide Medicaid reimbursement rates, including Medicaid reimbursements from the ambulance provider quality assurance assessment, for ground ambulance services at not less than 100% of the Medicare rates for Locality 01 for those services in effect on the date the services are provided to eligible Medicaid recipients.

 

Sec. 1790. The department shall maintain the current practitioner rates paid for current procedural terminology (CPT) codes 90791 through 90899 for psychiatric procedures through Medicaid fee-for-service and through the comprehensive Medicaid health plans for psychiatric procedures provided for Medicaid recipients under the age of 21.

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 100% 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. 1792. By April 30 of the current fiscal year, the department shall evaluate pharmacy encounter data through the first 2 quarters of the fiscal year to determine, in consultation with the Medicaid health plans, if rates must be recertified. By May 30 of the current fiscal year, the department shall report the evaluation results to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, the state budget office, and the Medicaid health plans.

 

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. Providers performing a service and whose primary practice is as a non-primary-care subspecialty are 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. As used in this section, “primary care provider” means a physician, or a practitioner working in collaboration with a physician, who is either licensed under part 170 or part 175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097 and 333.17501 to 333.17556, and working as a primary care provider in general practice or board-eligible or certified with a specialty designation of family medicine, general internal medicine, or pediatric medicine, or a provider who provides the department with documentation of equivalency.

(2) From the funds appropriated in part 1 for health plan services and physician services, the department shall allocate $15,000,000.00 of general fund/general purpose revenue and any associated federal match to provide Medicaid reimbursement rates for primary care services at the greater of either the actual rates paid during the previous fiscal year or at least 95% of the Medicare rate received for those services on the date the service is provided. The current procedural terminology (CPT) codes that are eligible for this reimbursement rate increase are 99202 through 99205, 99211 through 99215, 99381 through 99387, 99391 through 99397, 99421, 99422, 99423, 99441, 99442, and 99443.

 

Sec. 1802. (1) From the funds appropriated in part 1 for hospital services and therapy, $7,995,200.00 in general fund/general purpose revenue shall be provided as lump-sum payments to noncritical access hospitals that qualified for rural hospital access payments in fiscal year 2013-2014 and that provide obstetrical care in the current fiscal year. Payment amounts shall be based on the volume of obstetrical care cases and newborn care cases for all such cases billed by each qualified hospital in the most recent year for which data is available. Payments shall be made by January 1 of the current fiscal year.

(2) From the funds appropriated in part 1 for hospital services and therapy and Healthy Michigan plan, $13,904,800.00 in general fund/general purpose revenue and any associated federal match shall be awarded as rural access payments to noncritical access hospitals that meet criteria established by the department for services to low-income rural residents. One of the reimbursement components of the distribution formula shall be assistance with labor and delivery services. The department shall ensure that the rural access payments described in this subsection are distributed in a manner that ensures that a hospital does not receive more than 10.0% of the total rural access funding referenced in this subsection.

(3) The methodology for distribution under subsection (2) and its applicable data that are used to determine the payment amounts must be provided to each hospital by August 1 of the current fiscal year. The department shall publish the distribution of payments for the current fiscal year and the previous fiscal year.

 

Sec. 1803. The department shall maintain rules to allow for billing to and reimbursement by the Medicaid program directly for transportation charges related to portable X-ray services rendered to patients residing in a nursing facility or an assisted living facility, or who are otherwise homebound. By October 1 of the current fiscal year, the department shall set payment rates for Medicaid transportation charges related to portable X-ray services.

 

Sec. 1804. (1) The department shall utilize 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. The department shall identify the specific outcomes and performance reporting requirements described in this section. The department shall acquire all of the following information by January 1 of the current fiscal year and report to 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 following:

(a) The number of veterans identified by the department through eligibility determinations.

(b) The number of veterans referred to the department of military and veterans affairs.

(c) The number of referrals made by the department that were contacted by the department of military and veterans affairs.

(d) The number of referrals made by the department that were eligible for veterans health care benefits or other benefits.

(e) The specific actions and efforts undertaken by the department and the department of military and veterans affairs to identify female veterans who are applying for public assistance benefits, but who are eligible for veterans benefits.

(2) By October 1 of the current fiscal year, the department shall change the public assistance application form from asking whether the prospective applicant was a veteran to asking whether the applicant had ever served in the military.

(3) This section does not prohibit the department from entering into interagency agreements with any other public department or agency in this state in order to obtain the information detailed in subsection (1).

 

Sec. 1810. In advance of the annual rate setting development, Medicaid health plans shall be given at least 60 days to dispute and correct any discarded encounter data before rates are certified. The department shall notify each contracting Medicaid health plan of any encounter data that have not been accepted for the purposes of rate setting.

 

Sec. 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 or through the MiDocs consortium. 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.

 

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.

(c) The training of practitioners providing pediatric psychiatry services.

 

Sec. 1850. The department may allow Medicaid health plans to assist with maintaining eligibility through outreach activities to ensure continuation of Medicaid eligibility and enrollment in managed care. This may include mailings, telephone contact, or face-to-face contact with beneficiaries enrolled in the individual Medicaid health plan. Health plans may offer assistance in completing paperwork for beneficiaries enrolled in their plan.

 

Sec. 1851. From the funds appropriated in part 1 for adult home help services, the department shall allocate $150,000.00 state general fund/general purpose revenue plus any associated federal match to develop and deploy a mobile electronic visit verification solution to create administrative efficiencies, reduce error, and minimize fraud. The development of the solution shall be predicated on input from the results of the 2017 stakeholder survey.

 

Sec. 1852. (1) The department shall explore all of the following:

(a) Elimination of monthly enrollment caps.

(b) Removal of card cut-off dates.

(c) Allowance for the program for all-inclusive care for the elderly (PACE) to provide services at the time of signed enrollment agreement.

(2) The department shall identify an alternative payment authority that would reimburse PACE organizations for services provided to a participant before the effective date of enrollment on a capitated basis. By January 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 cost of reimbursing PACE organizations for services provided to a participant before the effective date of enrollment.

 

Sec. 1854. The funds appropriated in part 1 for program of all-inclusive care for the elderly (PACE) must support a current fiscal year enrollment cap that is not less than 7,288.

 

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, $5,000,000.00 shall be expended to provide room and board for Medicaid recipients who meet hospice eligibility requirements and receive services at Medicaid enrolled hospice residences in this state. The department shall distribute funds through grants based on the total beds located in all eligible residences that have been providing these services as of October 1, 2017. Any eligible grant applicant may inform the department of the applicant’s request to reduce the grant amount allocated for the applicant’s 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 funds remain at the end of the current fiscal year, the Medicaid-enrolled hospice with a residence shall return 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.

(b) The total amount of expenditures for prescriptions paid by the department during the previous fiscal year.

(c) The number of and total expenditures for prescriptions paid for by the department for generic equivalents during the previous fiscal year.

 

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. 1860. By March 1 of the current fiscal year, the department shall provide a report to the senate and house appropriations subcommittees, the senate and house fiscal agencies, and the state budget office on uncollected co-pays and premiums in the Healthy Michigan plan. The report shall include information on the number of participants who have not paid their co-pays and premiums, the total amount of uncollected co-pays and premiums, and steps taken by the department and health plans to ensure greater collection of co-pays and premiums.

 

Sec. 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. 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 hospital services and therapy, the department shall appropriate $6,400,000.00 in general fund/general purpose revenue plus any contributions from public entities, up to $5,000,000.00, and any associated federal match to the MiDocs consortium to create new primary care residency slots in underserved communities. The new primary care residency slots must be in 1 of the following specialties: family medicine, general internal medicine, general pediatrics, general OB-GYN, psychiatry, or general surgery.

(2) The department shall seek any necessary approvals from CMS to allow the department to implement the program described in this section.

(3) Assistance with repayment of medical education loans, loan interest payments, or scholarships provided by MiDocs shall be contingent upon a minimum 2-year commitment to practice in an underserved community in this state post-residency and an agreement to forego any sub-specialty training for at least 2 years post-residency with the exception of a child and adolescent psychiatry fellowship which must be integrated with a psychiatry residency training program in a MiDocs affiliated institution.

(4) The MiDocs shall work with the department to integrate the Michigan inpatient psychiatric admissions discussion (MIPAD) recommendations and, when possible, prioritize training opportunities in state psychiatric hospitals and community mental health organizations.

(5) The department shall maintain the MiDocs initiative advisory council to help support implementation of the program described in this section, and provide oversight. The advisory council shall be composed of the MiDocs consortium, the Michigan Area Health Education Centers, the Michigan Primary Care Association, the Michigan Center for Rural Health, the Michigan Academy of Family Physicians, and any other appointees designated by the department.

(6) By September 1 of the current fiscal year, MiDocs shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office, on the following:

(a) Audited financial statement of per-resident costs.

(b) Education and clinical quality data.

(c) Roster of trainees, including areas of specialty and locations of training.

(d) Medicaid revenue by training site.

(7) Outcomes and performance measures for this program include, but are not limited to, the following:

(a) Increasing this state’s ability to recruit, train, and retain primary care physicians and other select specialty physicians in underserved communities.

(b) Maximizing training opportunities with community health centers, rural critical access hospitals, solo or group private practice physician practices, schools, and other community-based clinics, in addition to required rotations at inpatient hospitals.

(c) Increasing the number of residency slots for family medicine, general internal medicine, general pediatrics, general OB-GYN, psychiatry, and general surgery.

(8) Unexpended and unencumbered funds up to a maximum $6,400,000.00 in general fund/general purpose revenue plus any contributions from public entities, up to $5,000,000.00, and any associated federal match remaining in accounts appropriated in part 1 for hospital services and therapy are designated as work project appropriations, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the MiDocs consortium to create new primary care residency slots in underserved communities under this section until the work project has been completed. All of the following are in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to fund the cost of the MiDocs consortium to create new primary care residency slots in underserved communities.

(b) The work project will be accomplished by contracting with the MiDocs consortium to oversee the creation of new primary care residency slots.

(c) The total estimated completion cost of the work project is $20,200,000.00.

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

 

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, the department shall maintain the monthly Medicaid personal care supplement paid to adult foster care facilities and homes for the aged that provide personal care services to Medicaid recipients in place during the previous fiscal year.

 

Sec. 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 January 22, 2021 or is a prescription drug that is orally administered and approved by the United States Food and Drug Administration for the treatment of Duchenne Muscular Dystrophy as of July 1, 2022.

(2) As used in this section, “prior authorization” means a process implemented by the department or its contractual agents that conditions, delays, or denies delivery of 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. 1879. (1) The department shall maintain a single, standard preferred drug list to be used by all contracted Medicaid managed health care programs. Changes to the preferred drug list shall be made in consultation with all contracted managed health care programs and the Michigan pharmacy and therapeutics committee to ensure sufficient access to medically necessary drugs for each disease state. The department has final authority over the list and shall design the list to ensure access to clinically effective and appropriate drug therapies and maximize federal rebates and supplemental rebates.

(2) By July 15 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office that compares the managed care pharmacy expenditures, utilization, and rebates before implementing a single, standard preferred drug list to managed care pharmacy expenditures, utilization, and rebates after implementing a single, standard preferred drug list. The report shall include data on collected rebates, pharmacy utilization, and expenditures by quarter for at least 8 quarters before implementing a single, standard preferred drug list, and the experienced rebates, pharmacy utilization, and expenditures for at least 10 quarters, and the projected rebates, pharmacy utilization, and expenditures for quarters 11 through 16 after implementing a single, standard preferred drug list. The data shall be aggregated by the department so as not to disclose the proprietary or confidential drug-specific information, or the proprietary or confidential information that directly or indirectly identifies financial information linked to a single manufacturer.

 

Sec. 1881. The managed care capitation rates for the fiscal year ending September 30, 2023 shall not include a 2-way risk corridor.

 

Sec. 1888. The department shall establish contract performance standards associated with the capitation withhold provisions for Medicaid health plans at least 3 months before 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 health care effectiveness data and information set, HEDIS, audited data.

 

Sec. 1894. By March 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the Healthy Kids Dental program. The report shall include, but is not limited to, the following:

(a) The number of children enrolled in the Healthy Kids Dental program who visited the dentist during the previous fiscal year broken down by dental benefit manager.

(b) The number of dentists who accept payment from the Healthy Kids Dental program broken down by dental benefit manager.

(c) The annual change in dental utilization of children enrolled in the Healthy Kids Dental program broken down by dental benefit manager.

(d) Service expenditures for the Healthy Kids Dental program broken down by dental benefit manager.

(e) Administrative expenditures for the Healthy Kids Dental program broken down by dental benefit manager.

 

Sec. 1895. From the funds appropriated in part 1 for long-term care services, the department shall adjust the variable cost component (VCC) and plant cost component of Medicaid reimbursement to class I, class III, and class IV nursing home providers as follows:

(a) An interim VCC rate and plant cost component rate for each facility must be established at 102.5% of the interim rate provided on October 1 of the previous fiscal year.

(b) The quality assurance supplement (QAS) amount will be calculated for nursing home providers using the following factors:

(i) For class I providers, the QAS must be based on the updated interim VCC for this fiscal year multiplied by 21.76%.

(ii) For governmental class III providers, the QAS must be subject to the class I updated variable cost limit (VCL).

(iii) For nongovernmental class III providers, the QAS must be based on their VCC or VCL, as applicable, multiplied by 21.76%.

(c) The department shall audit the final 2023 VCC and plant costs to establish the final audited rate provided to facilities for services provided in the current fiscal year.

 

INFORMATION TECHNOLOGY

Sec. 1901. (1) The department shall provide a report on a semiannual basis to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on all of the following information:

(a) The process used to define requests for proposals for each expansion of information technology projects, including timelines, project milestones, and intended outcomes.

(b) If the department decides not to contract the services out to design and implement each element of the information technology expansion, the department’s own project plan that includes, at a minimum, the requirements in subdivision (a).

(c) A recommended project management plan with milestones and time frames.

(d) The proposed benefits from implementing the information technology expansion, including customer service improvement, form reductions, potential time savings, caseload reduction, and return on investment.

(e) Details on the implementation of the integrated service delivery project, and the progress toward meeting the outcomes and performance measures listed in section 1904(2) of this part.

(f) A list of projects approved in the previous 6 months and the purpose for approving each project including any federal, state, court, or legislative requirement for each project.

(2) Once an award for an expansion of information technology is made, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a projected cost of the expansion broken down by use and type of expense.

 

Sec. 1903. (1) The department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by November 1 of the current fiscal year the status of an implementation plan regarding the appropriation in part 1 to modernize the MiSACWIS. The report shall include, but not be limited to, an update on the status of the settlement and efforts to bring the system in compliance with the settlement and other federal guidelines set forth by the United States Department of Health and Human Services Administration for Children and Families.

(2) The department shall report quarterly to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a status report on the 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 MiSACWIS, including, but not limited to, all of the following:

(a) Areas where implementation went as planned, and in each area including whether the implementation results in either enhanced user interface or portal access, conversion to new modules, or substantial operation improvement to the MiSACWIS.

(b) The number of known issues.

(c) The average number of help tickets submitted per day.

(d) Any additional overtime or other staffing costs to address known issues and volume of help tickets.

(e) Any contract revisions to address known issues and volume of help tickets.

(f) Other strategies undertaken to improve implementation, and for each strategy area including whether the implementation results in either enhanced user interface or portal access, conversion to new modules, or substantial operation improvement to the MiSACWIS.

(g) Progress developing cross-system trusted data exchange with the MiSACWIS.

(h) Progress in moving away from a statewide automated child welfare information system (SACWIS) to a comprehensive child welfare information system (CCWIS).

(i) Progress developing and implementing a program to monitor data quality.

(j) Progress developing and implementing custom integrated systems for private agencies.

(k) A list of all change orders, planned or in progress.

(l) The status of all change orders, planned or in progress.

(m) The estimated costs for all planned change orders.

(n) The estimated and actual costs for all change orders in progress.

(3) By July 1 of the current fiscal year, the department shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices a report on the department’s efforts and recommendations to develop and implement a simpler and more streamlined process for the annual renewal of the licenses for family foster care homes, and the development of a simpler and more efficient version of the application form for renewal of the licenses for family foster care homes.

 

Sec. 1904. (1) From the funds appropriated in part 1 for the technology supporting integrated service delivery line item, the department shall maintain information technology tools and enhance existing systems to improve the eligibility and enrollment process for citizens accessing department administered programs. This information technology system shall 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. 1905. (1) The department shall report on a quarterly basis to the chairs of the senate and house standing committees on appropriations, the senate and house appropriations subcommittees on the department budget, the senate and house appropriations subcommittees on the general government budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on all of the following:

(a) Fiscal year-to-date information technology spending for the current fiscal year by service and project and by line-item appropriation.

(b) Planned information technology spending for the remainder of the current fiscal year by service and project and by line-item appropriation.

(c) Total fiscal year-to-date information technology spending and planned spending for the current fiscal year by service and project and by line-item appropriation.

(d) A list of all information technology projects estimated to cost more than $250,000.00 that exceed their allotted budget as well as all information technology projects that have exceeded their allotted budget by 25% or more.

(2) As used in subsection (1), “project” includes, but is not limited to, all of the following major projects:

(a) Community health automated Medicaid processing system (CHAMPS).

(b) Bridges and MiBridges eligibility determination.

(c) MiSACWIS.

(d) Integrated service delivery.

(3) The department shall develop a strategic plan for information technology services and projects for the department. The strategic plan shall identify any scheduled changes in the federal and state shares of costs related to information technology services and projects over the 5-year period. As part of the strategic plan, the department shall include total information technology expenditures from the previous fiscal year by fund source and total information technology appropriations as a percentage of total department appropriations by fund source, by completed project, for all information technology expenditures in the previous fiscal year. All projects beginning after October 1, 2021 will follow department of management and budget benefits realization methodology, for reporting when completed in a future fiscal year’s report. The strategic plan shall also develop benchmarks for comparison that include, for the previous 5 fiscal years, the department’s information technology spending compared to the spending in the areas of public health, Medicaid, child protective services, child welfare, family and social services, human services, and child support enforcement for similar departments in 3 other states located in the Midwest.

 

Sec. 1906. From the funds appropriated in part 1 for information technology services and projects, the department shall allocate $1,750,000.00 general fund/general purpose revenue, and all associated federal matching revenue, to a public and private nonprofit collaboration that is designated as this state’s statewide health information exchange by cooperative agreement, to implement health information technology strategies for health information exchange development, data management, and population health at a statewide level.

 

Sec. 1907. By March 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on all current, contracted information technology-related projects, total contractual costs, spending in previous fiscal years, planned spending for the current fiscal year, and fiscal year-to-date spending, by project.

 

Sec. 1909. (1) From the funds appropriated in part 1 for child support automation, the department shall only encumber or expend funds for the operation, maintenance, and improvements of the Michigan child support enforcement system (MiCSES).

(2) From the funds appropriated in part 1 for bridges information system, the department shall only encumber or expend funds for the operation, maintenance, and improvements of Bridges and MiBridges.

(3) From the funds appropriated in part 1 for technology supporting integrated service delivery, the department shall only encumber or expend funds for the operation, maintenance, and improvements of integrated service delivery.

(4) From the funds appropriated in part 1 for Michigan Medicaid information system, the department shall only encumber or expend funds for the operation, maintenance, and improvements of the community health automated Medicaid processing system (CHAMPS).

(5) From the funds appropriated in part 1 for Michigan statewide automated child welfare information system, the department shall only encumber or expend funds for the operation, maintenance, and improvements of MiSACWIS.

(6) From the funds appropriated in part 1 for comprehensive child welfare information system, the department shall only encumber or expend funds for the operation, maintenance, and improvements to the comprehensive child welfare information system.

(7) From the funds appropriated in part 1 for comprehensive child welfare information system, the department shall allocate $32,362,700.00 to develop a new information system to replace MiSACWIS consistent with the plan provided by the department to the United States District Court for Eastern District of Michigan as a part of the settlement. The development of the comprehensive child welfare information system shall adhere to department of technology, management, and budget and IT Investment Fund (ITIF) policies and practices, including use of the state unified information technology environment methodology and agile development. The project team shall also participate in and comply with the enterprise portfolio management office process and product quality assurance. To ensure full transparency, the project shall be included in the ITIF portfolio for executive, legislative, and external reporting purposes. As a component of the ITIF portfolio, the project is subject to governance and oversight by the IT investment management board.

 

Sec. 1910. (1) From the funds appropriated in part 1, $520,590,300.00 is appropriated for information technology services and projects including:

(a) $63,484,800.00 for bridges information system.

(b) $21,542,100.00 for Michigan statewide automated child welfare information system.

(c) $101,679,200.00 for Michigan Medicaid information system.

(d) $44,604,800.00 for child support automation.

(e) $16,053,100.00 for technology supporting integrated service delivery.

(f) $3,373,200.00 for comprehensive child welfare information system.

(2) For all expenditures of funds appropriated in subsection (1), the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices by April 1 of the current fiscal year total information technology expenditures from the previous fiscal year and all information technology expenditures made under an agile software development plan from the previous fiscal year with details on the agile software implementation.

(3) From the funds appropriated as described in subsection (1)(f) for comprehensive child welfare information system, this state shall be the owner of any software purchased or developed from the expenditures made under this subsection or it shall be committed to the public domain.

(4) From the funds appropriated as described in subsection (1)(f) for comprehensive child welfare information system, $1,000,000.00 of these funds shall be used by the department to choose a product owner that will implement a user-centered design that includes user stories into the development of a comprehensive child welfare information system. The department shall report by March 1 of the current fiscal year to 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 selection of a product owner for the comprehensive child welfare information system.

(5) From the funds appropriated as described in subsection (1)(f) for comprehensive child welfare information system, $1,000,000.00 of these funds shall be used by the department to provide updates as requested by the chairs of the house and senate appropriations committees or the chairs of the house and senate appropriations subcommittees on the department budget. Information updates provided by the department, upon request, shall also be accessible to the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the status of the work completed to date. The updates shall include demonstrations of the completed work during the sprint period. During these demonstrations, the department shall provide a quality assessment surveillance plan as shown in appendix B of “De-risking custom technology projects” from the United States General Services Administration. At each demonstration, the department shall validate which user stories have been included into the software development and the remaining user stories that will be included into the product.

(6) As used in this section:

(a) “Agile software development” means the use of development methodologies using iterative development with work completed by cross-functional teams of software development.

(b) “Product owner” means a department employee who iteratively prioritizes and defines the work for the product team, works with users, stakeholders, technologists, and the software vendor to envision the direction for the product, and ensures that value is being delivered to end users as quickly as possible.

(c) “User-centered design” means software development that places the highest priority on the needs of the specific people who are expected to use the software.

(d) “User stories” means a task that the agile software development team will focus on over a given 2-week development period and includes clearly labeled progress toward meeting the needs of the end users.

 

ONE-TIME APPROPRIATIONS

Sec. 1950. From the funds appropriated in part 1 for ride-to-work program, the department shall allocate $1,000,000.00 to a transportation agency to reduce transportation barriers to employment and expand service area under 49 USC 5310. In order to be eligible for the funding under this section, the entity must be located in a city with a population between 60,000 and 175,000 according to the most recent federal decennial census in a county with a population between 450,000 and 850,000 according to the most recent federal decennial census and utilize the dispatching system of a nonprofit, community-based organization 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, located in the same county.

Sec. 1951. From the funds appropriated in part 1 for program of all-inclusive care for the elderly pandemic relief, the department shall provide a 1-time rate increase to each PACE program to cover the increase in health care costs related to the COVID pandemic.

 

Sec. 1952. From the funds appropriated in part 1 for foster youth transition program grant, the department shall allocate $1,500,000.00 to fund a project with a nonprofit, community-based organization 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, located in a county with a population between 120,000 and 121,000 according to the most recent federal decennial census. The nonprofit organization recipient’s purpose must be to find loving, adoptive homes for older foster children before they age out of the child welfare system. The nonprofit organization shall use the funds for necessary capital costs to convert, restore, or otherwise modify an existing structure into a habitable residential space for former or current children in foster care.

 

Sec. 1953. (1) From the funds appropriated in part 1 for hospital improvement grant, the department shall appropriate $6,600,000.00 to a hospital located in a village with a population between 250 and 1,000 within a county with a population between 66,100 and 66,800, according to the most recent federal decennial census, for physical and financial improvements. Funding in this section shall be paid to the qualifying hospital within 30 days of the effective date of this act.

(2) From the funds appropriated in subsection (1), $1,600,000.00 must be utilized to expand diagnostic imaging services, including those aimed at expanding access to women’s breast health services, and assistance with costs associated with state regulatory programs intended to ensure only needed services are developed in this state.

 

Sec. 1954. (1) From the funds appropriated in part 1 for first responder and public safety staff mental health, the department shall allocate $2,500,000.00 toward a program to support firefighters, police officers, emergency medical services personnel, public safety tele-communicators, local correctional officers, juvenile detention employees, and individuals working on special teams such as internet sex crimes, sexual crimes against children, or traffic fatalities suffering from post-traumatic stress syndrome and other mental health conditions. The grant program must primarily provide grants to behavioral health providers and may also include funding to the Michigan crisis and action line established under section 165 of the mental health code, 1974 PA 258, MCL 330.1165, to improve information and referrals for these services. The program must coordinate and integrate with the Michigan crisis and access line established under section 165 of the mental health code, 1974 PA 258, MCL 330.1165.

(2) The unexpended funds appropriated in part 1 for first responder and public safety staff mental health are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures 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 project is to ensure that first responder and public safety staff who are dealing with post-traumatic stress syndrome and other mental health conditions have access to enhanced mental health services.

(b) The project will be accomplished by utilizing state employees, contracting with vendors, or working with local partners.

(c) The estimated cost of the project is $2,500,000.00.

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

 

Sec. 1955. From the funds appropriated in part 1 for behavioral health patient health information tool, the department shall allocate $600,000.00 to create an online and interactive version of the protected health information consent tool and make any revisions to the tool to reflect any recent legislative changes. The contracting entity that receives the funds appropriated in this section shall also develop accompanying trainings and resources for users. Additionally, the contracting entity that receives the funds appropriated in this section shall work closely with the Michigan health information network and the department to develop the technical specifications for integrating the protected health information consent tool with other relevant systems and applications, including, but not limited to, CareConnect 360.

 

Sec. 1956. From the funds appropriated in part 1 for autism comprehensive care center, the department shall allocate $2,500,000.00 to a nonprofit organization with at least 20 years of experience providing behavioral services and with at least 11 sites across this state with a main office located in a county with a population between 1,200,000 and 1,500,000, according to the most recent federal decennial census and in a city with a population between 24,000 and 24,500, according to the most recent federal decennial census for capital expenses, services, and program operations for an autism comprehensive care center that would provide personalized services, including, but not limited to, the following:

(a) Autism programming, including screening, evaluations, therapy offerings, and intensive behavioral care and support.

(b) Speech and occupational therapy.

(c) Family and sibling therapy.

(d) Experiential life skills.

 

Sec. 1957. From the funds appropriated in part 1 for behavioral health professionals for schools, the department shall allocate a $500,000.00 grant to a CMHSP with a primary office located in a county with a population between 37,000 and 37,500, according to the most recent federal decennial census and a $500,000.00 grant to a CMHSP with a primary office located in a county with a population between 14,000 and 14,500, according to the most recent federal decennial census for each CMHSP to provide mental health professional or counselor visits at each school within the CMHSP’s geographic region for the purpose of providing 1-to-1 care to students.

 

Sec. 1958. (1) From the funds appropriated in part 1 for narcotics awareness program, the department shall allocate $5,000,000.00 to a nonprofit organization 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 with headquarters in a charter township with a population between 100,000 and 105,000 according to the most recent federal decennial census within a county with a population between 700,000 and 1,000,000 according to the most recent federal decennial census. To be eligible to receive funding, the nonprofit organization must have a stated mission to offer community-based, compassionate, best-practice/evidence-based services to those suffering from addiction, as well as their loved ones, and to erase the stigma of addiction and instill compassion and hope.

(2) The unexpended funds appropriated in part 1 for narcotics awareness program are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. 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 project is to offer community-based, compassionate, best-practice/evidence-based services to those suffering from addiction, as well as their loved ones, and to erase the stigma of addiction and instill compassion and hope.

(b) The project will be accomplished by a nonprofit 501(c)(3) organization.

(c) The estimated cost of the project is $5,000,000.00.

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

 

Sec. 1959. From the funds appropriated in part 1 for child advocacy centers, the department shall allocate $500,000.00 to a child advocacy center located in a county with a population between 115,000 and 125,000, according to the most recent federal decennial census to establish a new building and expand services available to children who are victims of abuse and to their families.

 

Sec. 1960. (1) From the funds appropriated in part 1 for unified clinics resiliency center for families and children, the department shall allocate $750,000.00 to a 4-year state university located in a county with a population between 195,000 and 280,000 according to the most recent federal decennial census to be used to develop and operate a resiliency center for families and children to address the multifaceted needs of those experiencing trauma, toxic stress, chronic disability, neurodevelopmental disorders, or addictions.

(2) Outcomes and performance measures for the resiliency center funded under this section shall include, but not be limited to, the following:

(a) The number of children and families who received services from the center.

(b) The types of screening offered by the center and the number of clients that received each screening type.

(c) The number of trauma assessments completed through the center’s programs and the average cost of a trauma assessment for each type of client, including children, adults, and families.

(d) The types of services offered by the center and the number of clients that received each service type.

(e) The number of referrals for services made to children and families.

(f) A breakdown of the expenditures made for the development of the resiliency center for families and children by major category.

(3) By August 1 of the current fiscal year, the resiliency center for families and children shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the status of the development of the resiliency center funded under this section and on the information required in subsection (2).

(4) The unexpended portion of funds appropriated in part 1 for unified clinics resiliency center for families and children is designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for the project under this section until the project has been completed. All of the following are in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to provide funding for the operation and maintenance of a unified clinics resiliency center for families and children as provided by this section.

(b) The project will be accomplished through funding to a 4-year state university for the operation and maintenance of the center.

(c) The total estimated cost of the work project is $750,000.00 of general fund/general purpose revenue.

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

(5) It is the intent of the legislature that this is the third year out of 3 years that funding is to be provided by the legislature for the unified clinics resiliency center for families and children described in this section.

 

Sec. 1961. (1) From the funds appropriated in part 1 for jail diversion fund, the department shall allocate $10,000,000.00 to support the jail diversion fund created by section 207c of the mental health code, 1974 PA 258, MCL 330.1207c.

(2) The department shall distribute grants from the jail diversion fund in accordance with sections 207d to 207f of the mental health code, 1974 PA 258, MCL 330.1207d to 330.1207f.

 

Sec. 1962. (1) From the funds appropriated in part 1 for human trafficking victims inclusive services grant program, the department shall allocate $1,000,000.00 to create and implement the human trafficking victims services expansion pilot program. The pilot program shall utilize victim-centered and trauma informed approaches to serve human trafficking victims.

(2) The human trafficking victims services expansion pilot program is a 3-year project administered by the division of victim services and shall do all of the following:

(a) Encourage the development of specific and dedicated human trafficking victims services.

(b) Focus on building capacity within eligible organizations to offer services specifically designed to meet the needs of human trafficking victims.

(c) Provide training and technical assistance to established organizations that support the development of human trafficking victims services that align with the criteria set forth in subsection (4).

(d) Increase organizations’ capacity to provide victim services designed to meet the unique needs of human trafficking victims.

(e) Fund human trafficking service organizations that agree to develop services and accompanying policies and procedures for human trafficking victims aligned with the criteria of subsection (4).

(3) By January 1 of the current fiscal year, the division of victim services shall make available to eligible entities the human trafficking victims service expansion pilot request for proposal.

(4) In order to be considered for funding under the human trafficking victims service expansion pilot program, eligible organizations must meet all of the following:

(a) Be a nonprofit organization that is exempt from taxation under section 501(c)(3) of the internal revenue code, 26 USC 501.

(b) Have engaged in at least 1 year of providing human trafficking victims services or demonstrate meaningful collaboration with a human trafficking organization in its community.

(c) Adhere to the mission of the human trafficking health advisory board created in the human trafficking health advisory board act, 2014 PA 461, MCL 752.991 to 752.994.

(d) Agree to develop policies and procedures and provide services in accordance with the standards set forth by the division of victim services throughout the duration of the pilot program that include, at a minimum, both of the following:

(i) Providing victim-centered services.

(ii) Providing empowerment-based services that encourage self-determination.

(5) The unexpended portion of funds appropriated in part 1 for human trafficking victims inclusive services grant program is designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for the project under this section until the project has been completed. The following are in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to provide funding for human trafficking victims services expansion pilot as provided by this section.

(b) The project will be accomplished through funding to the division of victim services for administration of the pilot program.

(c) The total estimated cost of the work project is $1,000,000.00.

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

(6) As used in this section, “human trafficking” means any of the following:

(a) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform that act has not attained 18 years of age.

(b) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

(c) A violation under chapter LXVIIA of the penal code, 1931 PA 328, MCL 750.462a to 750.462h.

 

Sec. 1963. From the funds appropriated in part 1 for the committee on juvenile justice grants, the department shall allocate $500,000.00 to reestablish in-home care grants for in-home care and community-based juvenile justice services for rural counties as an alternative to residential placement by juvenile courts.

 

Sec. 1964. From the funds appropriated in part 1 for domestic violence prevention and treatment, the department shall allocate $600,000.00 for operating expenses and providing violence prevention programs to a community shelter located in a county with a population between 62,400 and 62,500, according to the most recent federal decennial census. The community shelter must have a mission to provide a temporary, secure, nurturing environment, and support to enable victims of domestic violence to make appropriate life-altering changes.

 

Sec. 1965. (1) From the funds appropriated in part 1 for behavioral health care services and facilities, the department shall allocate $170,600,000.00 to increase behavioral health service and facility capacity. From the funds allocated in this section, the department must allocate all of the following:

(a) $38,000,000.00 to a nonprofit organization that offers a full continuum of behavioral health services, including psychiatric urgent care, inpatient and partial hospitalization, residential, outpatient, and teletherapy services, addiction treatment and recovery, extensive child and adolescent programs, and senior care services with a campus located in a county with a population between 600,000 and 700,000, according to the most recent federal decennial census, in a charter township with a population between 28,000 and 30,000, according to the most recent federal decennial census, for capital costs of a pediatric behavioral health center for excellence.

(b) $45,000,000.00 to a CMHSP located in a county with a population of at least 1,750,000, according to the most recent federal decennial census for capital costs of an integrated care center facility that includes a walk-in behavioral health crisis services center.

(c) $32,000,000.00 to create a 1-time grant program for entities interested in establishing crisis stabilization units in accordance with chapter 9A of the mental health code, 1974 PA 258, MCL 330.1971 to 330.1979. Grant applicants must demonstrate to the department how the requested grant funding will be used for certification standards and requirements or for obtaining accreditation requirements. The department shall allocate the funds described in this subdivision as follows:

(i) $6,000,000.00 is allocated to a CMHSP located in a county with a population of at least 1,750,000, according to the most recent federal decennial census to establish a crisis stabilization unit.

(ii) $3,000,000.00 is allocated to a CMHSP with a primary office located in a county with a population between 270,000 and 290,000 according to the most recent federal decennial census, to establish a crisis stabilization unit.

(iii) $5,000,000.00 is allocated to a CMHSP located in a county with a population between 600,000 and 700,000, according to the most recent federal decennial census, to establish a crisis stabilization unit.

(iv) $3,000,000.00 is allocated to a CMHSP located in a county with a population between 260,000 and 265,000, according to the most recent federal decennial census, to establish a crisis stabilization unit.

(v) $3,000,000.00 is allocated to a CMHSP located in a county with a population between 400,000 and 450,000, according to the most recent federal decennial census, to establish a crisis stabilization unit.

(vi) $3,000,000.00 is allocated to a CMHSP with a primary office located in a county with a population between 65,500 and 66,500, according to the most recent federal decennial census, to establish a crisis stabilization unit.

(vii) $3,000,000.00 is allocated to a CMHSP with a primary office located in a county with a population between 95,000 and 96,000, according to the most recent federal decennial census, to enhance the CMHSP’s crisis welcoming center that shall serve as the foundation for a future crisis stabilization unit.

(viii) $6,000,000.00 is allocated as competitive grants to private entities to establish crisis stabilization units. Each grant described in this subparagraph must not exceed $3,000,000.00.

(d) $11,000,000.00 to a health system associated with a 4-year medical school located in a county with a population between 350,000 and 390,000, according to the most recent federal decennial census, for capital costs to expand its adolescent and children’s emergency psychiatry unit through the addition of a dedicated emergency room for children and adolescents and to establish a behavioral health day program for children and adults who require more comprehensive support for their mental health needs.

(e) $10,000,000.00 to create a 1-time grant program for entities interested in establishing psychiatric residential treatment facilities in accordance with section 137a of the mental health code, 1974 PA 258, MCL 330.1137a. Grant applicants must demonstrate to the department how the requested grant funding will be used for certification standards and requirements or for obtaining accreditation requirements.

(f) $8,000,000.00 to a wellness center to develop an adolescent behavioral wrap-around health care program in an underserved area. The wellness center must meet all of the following requirements:

(i) Be dedicated to enhancing the well-being of individuals by providing an array of comprehensive behavioral and physical health services in a trauma-informed environment and promoting quality of life, continuous improvement, social awareness, and healing.

(ii) Have its administrative office located in a county with a population of at least 1,750,000, according to the most recent federal decennial census, in a city with a population between 109,000 and 111,000, according to the most recent federal decennial census.

(iii) Be accredited by CARF International.

(g) $5,000,000.00 to a nonprofit Michigan health care system 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, that is located in a county with a population between 25,400 and 25,800 according to the most recent federal decennial census and in a city with a population between 4,500 and 5,000 according to the most recent federal decennial census for the purpose of creating an adolescent partial hospitalization program that will serve at least 20 adolescent patients and supporting emergency unit safe rooms for behavioral health patients.

(h) $5,000,000.00 to create a 1-time grant for capital expenditures for not less than 1 hospital to increase the number of inpatient pediatrics psychiatric beds located in a county with a population between 190,000 and 191,000, or 103,000 and 104,000, according to the most recent federal decennial census.

(i) $5,000,000.00 to a hospital located in a county with a population over 1,500,000 according to the most recent federal decennial census, with Medicaid eligible patient volumes that are 50% or higher, and that has a level 1 verified pediatric trauma center, to add 10 pediatric inpatient psychiatric beds and intensive outpatient day therapy services.

(j) $3,600,000.00 to renovate unused current space and update the layout to increase the number of private inpatient psychiatric rooms at a hospital located in a county with a population between 36,500 and 36,800, according to the most recent federal decennial census, in a charter township with a population of at least 4,000, according to the most recent federal decennial census, in response to “no roommate orders” and to increase levels of acuity of behavioral health patients.

(k) $8,000,000.00 to a nonprofit Michigan health care system 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, that is located in a county with a population between 25,400 and 25,800, according to the most recent federal decennial census, and in a city with a population between 4,500 and 5,000, according to the most recent federal decennial census, for the purpose of supporting an emergency psychiatric assessment, treatment, and healing (EmPATH) unit. The EmPATH unit shall provide immediate access to an emergency psychiatrist, and staff shall be trained for the needs of EmPATH unit patients. Funding must also include at least 10 additional psychiatric beds to serve, at a minimum, patient emergency behavioral health needs.

(2) Funds allocated under this section do not constitute a future guarantee of permitting approval for any project.

(3) The unexpended funds appropriated in part 1 for behavioral health care services and facilities are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be made available for behavioral health care services and facilities. 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 project is to increase behavioral health service and facility capacity.

(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 $170,600,000.00.

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

 

Sec. 1966. From the funds appropriated in part 1 for community house capital grant, the department shall allocate $1,440,000.00 to renovate an existing site as well as expand affordable senior housing and child care options in a city with a population between 80,000 and 200,000 according to the most recent federal decennial census in a county with a population between 450,000 and 850,000 according to the most recent federal decennial census. To be eligible for the funding in this section, the entity must be a nonprofit, community-based organization 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, established in 1902 with a mission statement of increasing the ability of children, youth, adults, and families to succeed in a diverse community.

 

Sec. 1967. From the funds appropriated in part 1 for food distribution, the department shall allocate $700,000.00 for a grant to a nonprofit, community-based organization that specializes in the distribution of surplus and donated food for low-income families. The organization must operate in at least 40 counties in this state, and the grant must be used for maintenance and improvements for a facility located in a county with a population between 657,900 and 658,000, according to the most recent federal decennial census, in a city with a population between 54,300 and 54,400, according to the most recent federal decennial census.

Sec. 1968. From the funds appropriated in part 1 for foster care services, the department shall allocate $2,000,000.00 to a nonprofit, community-based organization 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, with the mission to ensure that individuals with developmental disabilities are valued in order that they and their families can fully participate in and contribute to their community, to provide supports for special education system navigation, and to improve educational outcomes for youth in foster care who have a diagnosed disability or suspected disability.

 

Sec. 1969. From the funds appropriated in part 1 for Great Lakes recovery center, the department shall allocate a grant of $250,000.00 for costs related to a women’s recovery center and men’s campus to a nonprofit organization accredited by CARF International with a mission to empower recovery through hope and change and that provides a variety of behavioral health services across the Upper Peninsula.

 

Sec. 1970. (1) From the funds appropriated in part 1 for health workforce development, the department shall allocate all of the following:

(a) $500,000.00 general fund/general purpose revenue shall be allocated for a 4-year pilot program to increase the number of prepared psychiatric-mental health nurse practitioners to expand access to mental health services and provide care in underserved communities throughout this state. The office of nursing programs may oversee the program. The pilot program shall be through a college of nursing at a 4-year state university located in a county with a population greater than 1,500,000, according to the most recent federal decennial census.

(b) $1,600,000.00 general fund/general purpose revenue must be allocated for a 4-year pilot program to increase the number of prepared psychiatric-mental health nurse practitioners to expand access to mental health services and provide care in underserved communities throughout this state. The office of nursing programs may oversee the pilot program. The pilot program must be through a college of nursing at a 4-year state university located in a county with a population between 284,000 and 285,000, according to the most recent federal decennial census.

(c) $1,650,000.00 general fund/general purpose revenue must be allocated for a 4-year pilot certification program to train social workers to manage crisis stabilization to increase the number of social workers managing crisis stabilization. The pilot certification program must be through a school of social work at a 4-year state university located in a county with a population greater than 1,500,000, according to the most recent federal decennial census.

(d) $2,800,000.00 general fund/general purpose revenue must be allocated for a program to train direct care workers using a comprehensive, person-centered training program that provides direct care workers with the skills needed to deliver in-home, high-quality supports and services. The program must be provided by an organization that is a coalition of researchers, direct care workers, clients, and agencies working to develop, build, and strengthen a competent direct care workforce.

(2) The unexpended portion of funds appropriated in part 1 for health workforce development is designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for the programs under this section until the programs have been completed. All of the following are in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to provide and expand health workforce development through 4 projects to increase the number of psychiatric-mental health nurse practitioners, train social workers to manage crisis stabilization, and provide skills development and training for direct care workers.

(b) The work project will be accomplished through funding to an organization and 4-year state universities with oversight by the department and the office of nursing programs.

(c) The total estimated completion cost of the work project is $6,550,000.00 of general fund/general purpose revenue.

(d) The estimated completion date of the work project is September 30, 2027.

 

Sec. 1971. (1) From the funds appropriated in part 1 for human trafficking victims inclusive services grant program, the department shall allocate $250,000.00 to counties or coalitions of counties to support collaborative teams to address human trafficking and coordinate with specialists in the department of state police and Federal Bureau of Investigation.

(2) Collaborative teams shall facilitate trauma-informed support throughout each county within multidisciplinary groups to engage law enforcement, health care professionals, and entities that provide survivor-centered services and are collectively focused on providing advocacy to human trafficking survivors. Collaborative teams are tasked with the prevention of opportunities for predators to engage in both sex and labor trafficking.

(3) The department shall allocate grants to counties or coalitions of counties in amounts ranging from $3,000.00 to $20,000.00 that can be used to pay for human trafficking-related training, equipment, supplies, meeting expenses, and victim services.

 

Sec. 1972. From the funds appropriated in part 1 for wellness center pilot project, the department shall allocate $1,000,000.00 for the purpose of developing a wellness center pilot project incorporating a community adult day center and mixed-use affordable housing to help individuals prepare for, access, and afford long-term care services and supports for a planned build in a county with a population of less than 35,000, according to the most recent federal decennial census, within the region VII area agency on aging geographic area.

 

Sec. 1973. From the funds appropriated in part 1 for mediation services, the department shall allocate $40,000.00 to a nonprofit organization located in a county with a population between 290,000 and 300,000, according to the most recent federal decennial census, in a charter township with a population between 30,000 and 40,000, according to the most recent federal decennial census, that provides mediation services using a co-mediator approach to add 1 additional mediator to provide mediation services within a county with a population between 290,000 and 300,000, according to the most recent federal decennial census, a county with a population between 115,000 and 125,000, according to the most recent federal decennial census, and a county with a population between 62,000 and 63,000, according to the most recent federal decennial census.

 

Sec. 1974. From the funds appropriated in part 1 for parental stress and child mental health program, the department shall allocate $500,000.00 to a nonprofit organization that has at least 20 years of experience providing behavioral services with at least 11 sites across this state, that has a main office located in a county with a population between 1,200,000 and 1,500,000, according to the most recent federal decennial census, and in a city with a population between 24,000 and 24,500, according to the most recent federal decennial census, and that has a purpose to increase evidence-based family and children services programs for parental stress and child mental health at schools and at other locations of community partnerships. The funds may be used for additional staffing, evidence-based training, parent curriculum platforms, telehealth services technology, or health monitoring.

 

Sec. 1975. From the funds appropriated in part 1 for pathway hub, the department shall allocate $3,400,000.00 to a health care provider working with a health plan and a federally qualified health center for existing services and implementation of a pathway hub at a community health center located in a city with a population between 9,500 and 10,000, according to the most recent federal decennial census, and within a county with a population between 170,000 and 180,000, according to the most recent federal decennial census, to support the social and medical needs of the community served by the community health center. The funds appropriated in this section must be used for start-up costs and first-year costs of implementing a pathway hub model for the surrounding community, including any of the following:

(a) Data integration.

(b) Care managers or recovery coaches.

(c) Mobile health units.

(d) Behavioral health urgent care.

(e) Supplemental health care, including medical adherence, air conditioning units, or home blood pressure cuffs.

(f) Smoking cessation.

(g) Maternal health.

(h) Nutrition.

(i) Dental health.

 

Sec. 1977. From the funds appropriated in part 1 for safe harbor, the department shall allocate $8,333,300.00 as grant funding to the Salvation Army to work in collaboration with the department, local hospitals, Medicaid health plans, and PIHPs, for a safe harbor program to improve service delivery utilizing a multidisciplinary team approach in coordination of care, including medical, behavioral health, and substance use disorder professionals, working together to provide prompt substance use disorder engagement, assessment, education, encouragement, transportation, and coordination of integrative health services. The Salvation Army must leverage existing capabilities in providing these supports and services.

 

Sec. 1978. From the funds appropriated in part 1 for teen walk-in mental health, the department shall allocate $50,000.00 to a nonprofit organization whose registered agent is located in a county with a population between 290,000 and 300,000, according to the most recent federal decennial census, in a township with a population between 18,100 and 19,000, according to the most recent federal decennial census, that is focused on the development and implementation of mental wellness resources and services with a mission to empower teens, young adults, and their support networks to prevent suicide and achieve lifelong mental wellness. The funds must be used for any of the following:

(a) Mental health symptom education.

(b) Individual and family access to service navigation.

(c) Access to mental health support groups and services.

(d) Community education and engagement.

(e) Suicide and mental health screening.

(f) Capital expenditures related to the establishment of a dedicated site for services.

 

Sec. 1979. From the funds appropriated in part 1 for uterine fibroid grant, the department shall allocate $500,000.00 to conduct an education and outreach program on uterine fibroid disparities among minority populations.

 

Sec. 1980. From the funds appropriated in part 1 for wrap-around services, the department shall allocate $400,000.00 for a grant to a nonprofit, community-based organization that provides wrap-around services designed to promote achievement through targeting both academic and nonacademic barriers to learning during out-of-school periods. The grant must be used for maintenance and improvements to an existing facility located in a county with a population between 103,800 and 103,900, according to the most recent federal decennial census, in a city with a population between 32,600 and 32,700, according to the most recent federal decennial census.

 

Sec. 1981. (1) The funds appropriated in part 1 for MEHP-mental health expansion must be used to expand the essential health provider repayment program to include loan repayment assistance to eligible behavioral health providers who work in federally designated health professional shortage areas.

(2) The unexpended funds appropriated in part 1 for MEHP-mental health expansion 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 are 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 expand financial support provided through the essential health provider repayment program to behavioral health providers.

(b) The project will be accomplished by utilizing state employees or contracts.

(c) The total estimated cost of the project is $10,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 1982. From the funds appropriated in part 1 for weatherization assistance - IIJA, $40,000,000.00 is appropriated for the weatherization assistance program (WAP). WAP funds appropriated in this section shall be used as described in the Infrastructure Investment and Jobs Act, Public Law 117-58.

 

Sec. 1983. (1) From the funds appropriated in part 1 for permanent supportive housing, the department shall appropriate $6,000,000.00 to expand supportive housing services. The funds should prioritize people living in supportive housing who need additional services to maintain employment and stability, and currently homeless individuals moving into supportive housing with rental support. The funds should prioritize households whose children are at risk of being placed in out-of-home care, households who are working toward reunification with children who are out of home, and youth aging out of the foster care system.

(2) Funds appropriated for permanent supportive housing shall be considered work project funds, shall not lapse at the close of the fiscal year, and shall be available for expenditures for projects under this section until the projects have been completed. The following are in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to provide funding for grants for eligible entities to provide permanent supportive housing services for eligible households.

(b) The work project will be accomplished through partnerships with community-based agencies that provide supportive housing services, the Michigan state housing development authority, and local governments.

(c) The total estimated cost of the work project is $6,000,000.00.

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

 

Sec. 1984. The funds appropriated in part 1 for clinical integration fund and community mental health services programs integration readiness shall not be 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. 1985. (1) From the funds appropriated in part 1 for school training and technical assistance, the department shall contract with a public university to provide training, technical assistance, and evaluations tied to local strategies intended to reduce school violence. Assistance to school districts for violence prevention strategies may include, but is not limited to, any of the following:

(a) School climate improvement.

(b) Student care and threat assessment teams.

(c) Anonymous reporting systems.

(d) Restorative justice practices.

(e) Evidence-based student leadership development.

(2) The unexpended funds appropriated in part 1 for school training and technical assistance 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 are 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 schools in reducing violence.

(b) The project will be accomplished by utilizing contracts.

(c) The total estimated cost of the project is $1,000,000.00.

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

 

Sec. 1986. (1) From the funds appropriated in part 1 for city of Detroit environmental monitoring, the department shall contract with a local health department for health and emissions monitoring.

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

(a) The purpose of the project is health and emissions monitoring in the city of Detroit.

(b) The project will be accomplished by utilizing contracts.

(c) The total estimated cost of the project is $1,000,000.00.

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

 

Sec. 1987. From the funds appropriated in part 1 for food security council, the department may provide support for any of the following initiatives:

(a) Technology investments that will enable the department to develop partnerships integrating food access and health care and identify gaps in client services.

(b) Building food supply for distribution during declarations of disaster or emergency.

(c) Expanding food assistance infrastructure, including new buildings in northern Michigan to serve northern Michigan and the Upper Peninsula.

(d) Pandemic response efforts, including support to local food banks and organizations for food purchasing.

 

Sec. 1988. From the funds appropriated in part 1 for E-FMAP redetermination compliance, the department shall expend funds to process Medicaid and Children’s Health Insurance Program renewals and redeterminations following the end of the public health emergency. The department may use these funds to hire limited-term staff, fund costs associated with overtime hours, make needed systems changes, and deploy other temporary resources to support local office field staff and caseload redetermination activities.

 

Sec. 1989. From the funds appropriated in part 1 for home repair and plumbing assistance grants, the department shall establish a grant program administered by community action agencies to provide assistance to households with incomes at or below 200% of the federal poverty level for minor home repairs and plumbing updates to prepare homes for weatherization. The purpose of this grant program is to allow low-income families to safely remain in their homes.

 

Sec. 1990. From the funds appropriated in part 1 for sickle cell center, the department shall allocate $2,500,000.00 to the Sickle Cell Disease Association of America, to the Sickle Cell Center of Excellence.

 

Sec. 1991. From the funds appropriated in part 1 for honor psychiatric residency, the department shall allocate $1,000,000.00 to Oakland Integrated Healthcare Network to create a community-based residency program in Oakland County.

Sec. 1992. From the funds appropriated in part 1 for insight behavioral health, the department shall allocate $2,500,000.00 to Insight Behavioral Health for start-up costs associated with creating a new comprehensive inpatient medical-psychiatric facility in Flint.

 

Sec. 1993. From the funds appropriated in part 1 for Incompass – COVID-19 grants, the department shall allocate $3,000,000.00 to Incompass Michigan for employee health screening, physical distancing or barrier protections, enhanced sanitation and disinfection protocols, air purification and filtering technologies, infrastructure improvements related to employee protection, and other costs associated with navigating COVID-19.

 

Sec. 1994. From the funds appropriated in part 1 for senior living and healthcare expansion, the department shall allocate $1,000,000.00 to Presbyterian Villages of Michigan to create a residential assisted living community that is integrated with a program of all-inclusive care for the elderly provider in southeast Michigan.

 

Sec. 1995. From the funds appropriated in part 1 for health system project, the department shall allocate $10,000,000.00 to a health system located in a county with a population between 10,500 and 11,000 according to the most recent federal decennial census in a city with a population between 2,300 and 2,310 according to the most recent federal decennial census for the construction of a professional building and relocation of medical clinics and support services, including occupational medicine and outpatient laboratory, for the purpose of providing high-quality medical care and delivery of necessary medical service to a rural community.

 

Sec. 1996. (1) The funds appropriated in part 1 for community health campus pilot project shall be awarded for a pilot project that is developed by a nonprofit entity and based on a feasibility study of availability and sustainability that consists of an integrated wellness facility that includes mental, physical, and behavioral health components, including, but not limited to, the ability to host tournaments, and as many of the following services as possible:

(a) Rehabilitation.

(b) Optical.

(c) Dental.

(d) Primary care.

(e) Urgent care.

(f) Chiropractic.

(g) Child care.

(h) Walking or running track.

(i) Multiple mixed-use courts.

(2) The pilot project must be designed to serve underserved areas located in a county with a population between 30,000 and 31,000 according to the most recent federal decennial census where access to one stop wellness is deficient or absent. In addition to the health components, the integrated wellness facility must include, at a minimum, indoor aquatics, gymnasium, and workout facilities in the same facility. The workout facilities must provide no or low-cost access to individuals earning less than 200% of the federal poverty level. Individuals at or above 200% of the federal poverty level may be charged a fee.

(3) From the funds appropriated in part 1 for community health campus pilot project, $250,000.00 may be used for a feasibility study to be completed prior to the release of the balance of the funds for the pilot project.

 

Sec. 1997. (1) From the funds appropriated in part 1 for infrastructure grants to enhance pediatric inpatient services, funding shall be used to create a competitive grant program for health care providers to increase the number of slots in long-term pediatric psychiatric inpatient hospitals, centers, or psychiatric residential treatment facilities by a total of at least 120 slots statewide. Grant applicants must identify 20% matching funds as part of the grant application. A single facility shall not receive more than $25,000,000.00 of the funding appropriated in part 1, and the grants must be made to different geographic regions of this state.

(2) The department shall determine and publish the evidence-based treatment care and services program for the population to be served by the slots described in subsection (1) not later than 6 months after the effective date of this act.

(3) Funds appropriated for infrastructure grants to enhance pediatric inpatient services shall be considered work project funds, shall not lapse at the close of the fiscal year, and shall be available for expenditures for projects under this section until the projects have been completed. The following are in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to implement a competitive grant funding program for health care providers to increase the number of long-term pediatric psychiatric inpatient slots available across this state.

(b) The projects will be accomplished by grants to health care providers.

(c) The total estimated cost of the work project is $50,000,000.00.

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

(4) As used in this section, “health care provider” means an entity that is licensed under part 215 of the public health code, 1978 PA 368, MCL 333.21501 to 333.21571, or section 137 of the mental health code, 1974 PA 258, MCL 330.1137.

 

Sec. 1998. (1) From the funds appropriated in part 1 for clinical integration fund, the department shall issue grants to facilities and providers that wish to clinically integrate their setting with physical and behavioral health services and providers.

(2) Funds appropriated for clinical integration fund shall be considered work project funds, shall not lapse at the close of the fiscal year, and shall be available for expenditures for projects under this section until the projects have been completed. The following are in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to provide funding for grants to help cover costs to facilities and providers that wish to clinically integrate their setting with physical and behavioral health services and providers.

(b) The projects will be accomplished by grants to health care providers and facilities.

(c) The total estimated cost of the work project is $25,000,000.00.

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

 

Sec. 1999. (1) From the funds appropriated in part 1 for community mental health services programs integration readiness, the department shall provide 1-time funding to support community mental health services programs’ efforts to make system, information technology, staffing, and administrative improvements for integration readiness.

(2) Funds appropriated for community mental health services programs integration readiness shall be considered work project funds, shall not lapse at the close of the fiscal year, and shall be available for expenditures for projects under this section until the projects have been completed. The following are in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to provide funding to community mental health services programs to make improvements for integration readiness.

(b) The projects will be accomplished by grants provided to community mental health services programs.

(c) The total estimated cost of the work project is $25,000,000.00.

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

 

Sec. 2000. From the funds appropriated in part 1 for kinship and the bridge, the department shall allocate $1,750,000.00 to a nonprofit organization with a mission to make a transformative change in the Michigan foster care system through making a measurable and meaningful impact in the lives of individuals who have experienced foster care located in a county with a population between 1,000,000 and 1,500,000 according to the most recent federal decennial census in a charter township with a population between 44,000 and 45,000 according to the most recent federal decennial census to expand its dynamic direct service program for youth with experience in foster care, known as The Bridge, and kinship connections pilot to work to ensure youth removed from their homes are placed with licensed relatives.

 

Sec. 2001. From the funds appropriated in part 1 for recovery community organization, the department shall allocate $150,000.00 to a recovery community organization located in a county with a population between 160,370 and 160,390 according to the most recent federal decennial census to offer or expand recovery support center services or recovery community center services to individuals seeking long-term recovery from substance use disorders in accordance with section 273b of the mental health code, 1974 PA 258, MCL 330.1273b.

 

Sec. 2002. From the funds appropriated in part 1 for Upper Peninsula robotic spinal surgery capital cost grant, the department shall allocate $2,000,000.00 to a health system that operates multiple facilities located in a county with a population between 10,500 and 11,000 according to the most recent federal decennial census to acquire spinal surgery robotic equipment and the associated initial calibration, repair, and service costs.

 

Sec. 2003. From the funds appropriated in part 1, the department shall allocate $2,480,000.00 to establish a child welfare day treatment pilot program in a county with a population between 1,200,000 and 1,300,000 according to the most recent federal decennial census for foster care children aged 7 to 18 who have been expelled or are at risk of being expelled from school for behaviors that threaten the stability of their current foster placement. The goal of the program is to work with foster children who struggle with social interaction or learning in class, or who are having a hard time controlling behaviors as a result of traumatic experiences. The department may increase capacity by a total of 1.0 FTE position (limited term) to administer the program.

ARTICLE 7

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, 2023, from the following funds:

DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

384.5

 

 

GROSS APPROPRIATION

 

$

74,335,500

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

736,500

ADJUSTED GROSS APPROPRIATION

 

$

73,599,000

Federal revenues:

 

 

 

Total federal revenues

 

 

1,017,100

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

72,581,900

State general fund/general purpose

 

$

0

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

23.5

 

 

Unclassified salaries—FTEs

6.0

$

892,000

Administrative hearings

 

 

183,700

Department services—FTEs

20.0

 

4,073,400

Executive director programs—FTEs

3.5

 

937,200

Property management

 

 

1,320,900

Worker’s compensation

 

 

1,300

GROSS APPROPRIATION

 

$

7,408,500

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from LARA, debt management

 

 

71,600

Special revenue funds:

 

 

 

Bank fees

 

 

582,100

Captive insurance regulatory and supervision fund

 

 

56,200

Consumer finance fees

 

 

284,400

Credit union fees

 

 

965,300

Deferred presentment service transaction fees

 

 

259,000

Insurance bureau fund

 

 

2,360,900

Insurance continuing education fees

 

 

67,600

Insurance licensing and regulation fees

 

 

2,002,800

MBLSLA fund

 

 

757,300

Multiple employer welfare arrangement

 

 

1,300

State general fund/general purpose

 

$

0

Sec. 103. INSURANCE AND FINANCIAL SERVICES REGULATION

 

 

 

Full-time equated classified positions

361.0

 

 

Consumer services and protection—FTEs

91.0

$

13,377,900

Financial institutions evaluation—FTEs

137.0

 

25,791,900

Insurance evaluation—FTEs

133.0

 

25,408,800

GROSS APPROPRIATION

 

$

64,578,600

For Fiscal Year

Ending Sept. 30,

2023

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from LARA, debt management

 

$

639,700

Federal revenues:

 

 

 

Federal revenues

 

 

1,017,100

Special revenue funds:

 

 

 

Bank fees

 

 

6,257,700

Captive insurance regulatory and supervision fund

 

 

770,200

Consumer finance fees

 

 

3,046,500

Credit union fees

 

 

9,335,900

Deferred presentment service transaction fees

 

 

2,352,800

Insurance bureau fund

 

 

22,552,800

Insurance continuing education fees

 

 

1,310,400

Insurance licensing and regulation fees

 

 

10,279,300

MBLSLA fund

 

 

6,927,800

Multiple employer welfare arrangement

 

 

88,400

State general fund/general purpose

 

$

0

Sec. 104. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

2,348,400

GROSS APPROPRIATION

 

$

2,348,400

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from LARA, debt management

 

 

25,200

Special revenue funds:

 

 

 

Bank fees

 

 

145,500

Captive insurance regulatory and supervision fund

 

 

13,500

Consumer finance fees

 

 

72,000

Credit union fees

 

 

246,000

Deferred presentment service transaction fees

 

 

49,500

Insurance bureau fund

 

 

459,000

Insurance continuing education fees

 

 

9,000

Insurance licensing and regulation fees

 

 

1,139,400

MBLSLA fund

 

 

189,300

State general fund/general purpose

 

$

0

 

part 2

provisions concerning appropriations

for fiscal year 2022-2023

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 2022-2023 is $72,581,900.00 and state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is $0.00.

 

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 shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement and it shall include placement of reports on an internet site.

 

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to funds appropriated in part 1:

(a) The funds must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

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

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

 

Sec. 206. The department shall not take disciplinary action against an employee of the department in the state classified civil service because the employee communicates with a member of the legislature or a member’s staff, unless the communication is prohibited by law and the department is exercising its authority as provided by law.

 

Sec. 207. The department shall prepare a report on outofstate travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office. The report shall include the following information:

(a) The dates of each travel occurrence.

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

 

Sec. 208. Funds appropriated in this part and part 1 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 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 $200,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 211. 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 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 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, 2023 are estimated at $8,906,500.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $5,407,400.00. Total agency appropriations for retiree health care legacy costs are estimated at $3,499,100.00.

 

Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure that 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. 216. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the subcommittees, and the senate and house fiscal agencies the following information:

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

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

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

(a) Number of employees that were engaged in remote work in 2022.

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

(c) Estimated net cost savings achieved by remote work.

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

 

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

 

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each chamber, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

 

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

 

Sec 220. Not later than April 1, the department shall report 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 appropriations committees, the subcommittees, the joint committee on administrative rules, and the senate and house fiscal agencies.

 

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

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

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

(c) By February 1, report to the subcommittees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022, and the number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 222. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

Sec. 223. It is the intent of the legislature that the department maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

 

Sec. 224. Unless prohibited by law, the department may accept credit card or other electronic means of payment for licenses, fees, or permits.

 

Sec. 225. The department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget office by September 30 detailing any expenditure of funds for a television or radio production that was made to a third-party vendor in the fiscal year ending September 30, 2023. The report must include all of the following information for each expenditure:

(a) Total amount of the expenditure.

(b) Fund source for the expenditure.

(c) Name of any vendor that created the production and the amount paid to each vendor.

(d) Purpose of the production.

 

Sec. 226. From the funds appropriated in part 1 from the insurance bureau fund, funds may be expended to support legislative participation in insurance activities coordinated by insurance and legislative associations, in accordance with section 225 of the insurance code of 1956, 1956 PA 218, MCL 500.225.

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 office 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. The total amount appropriated under this section and section 303 must not exceed $400,000.00.

 

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. The total amount appropriated under this section and section 302 must not exceed $400,000.00.

 

Sec. 304. The department must electronically transmit the annual report prepared pursuant to section 238 of the insurance code of 1956, 1956 PA 218, MCL 500.238, and section 2108 of the banking code of 1999, 1999 PA 276, MCL 487.12108, to the subcommittees, senate and house fiscal agencies, and state budget office at the time of the publication of the report.

 

Sec. 305. The department must update examination manuals and letters of guidance to state-chartered financial institutions as necessary to reflect how the department will evaluate institutions that provide banking or other financial services to marijuana-related businesses or businesses that transport, test, grow, process, or sell marijuana based on the most recent state laws and guidance. The department may also include guidance or information on how federal law and regulations may impact state-chartered institutions.

 

Sec. 306. From any federal funds received by the department for the establishment of a state or regional health care claims database, the department shall consider all of the following qualifications for potential entities when awarding any grant for the creation of the database:

(a) Status as a not-for-profit Michigan-based organization or partnership.

(b) Prior experience collecting and analyzing health care data, preferably claims data or similar datasets.

(c) Prior experience working with researchers on health care outcomes and utilization.

(d) Prior experience working with public health officials on public health outcomes and utilization.

(e) Prior experience collecting and analyzing data related to health care pricing.

(f) Ability of organization to provide data that could enhance the value of a database, such as health outcomes, health status, and analysis of care delivery models.

 

ARTICLE 8

JUDICIARY

part 1

line-item appropriations

Sec. 101. There is appropriated for the judiciary for the fiscal year ending September 30, 2023, from the following funds:

JUDICIARY

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated exempted positions

537.0

 

 

GROSS APPROPRIATION

 

$

483,505,700

For Fiscal Year

Ending Sept. 30,

2023

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

$

1,902,300

ADJUSTED GROSS APPROPRIATION

 

$

481,603,400

Federal revenues:

 

 

 

Total federal revenues

 

 

6,340,300

Special revenue funds:

 

 

 

Total local revenues

 

 

7,782,600

Total private revenues

 

 

1,524,200

Total other state restricted revenues

 

 

95,181,400

State general fund/general purpose

 

$

370,774,900

Sec. 102. SUPREME COURT

 

 

 

Full-time equated exempted positions

253.0

 

 

Community dispute resolution—FTEs

3.0

$

3,370,400

Direct trial court automation support—FTEs

44.0

 

7,782,600

Drug treatment courts

 

 

12,648,200

Foster care review board—FTEs

10.0

 

1,386,800

Jail reform advisory support—FTE

1.0

 

153,900

Judicial information systems—FTEs

24.0

 

5,757,800

Judicial institute—FTEs

13.0

 

2,496,800

Mental health courts and diversion services—FTE

1.0

 

5,708,400

Next generation Michigan court system

 

 

4,116,000

Other federal grants

 

 

275,100

State court administrative office—FTEs

65.0

 

12,919,900

Supreme court administration—FTEs

92.0

 

15,538,700

Swift and sure sanctions program

 

 

3,350,000

Veterans courts

 

 

1,061,200

GROSS APPROPRIATION

 

$

76,565,800

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of corrections

 

 

52,300

IDG from department of state police

 

 

1,500,000

IDG from department of state police, Michigan justice training fund

 

 

100,000

Federal revenues:

 

 

 

DOJ, drug court training and evaluation

 

 

300,000

DOT, National Highway Traffic Safety Administration

 

 

1,950,700

Federal funds

 

 

275,100

HHS, access and visitation grant

 

 

498,900

HHS, children’s justice grant

 

 

247,500

HHS, court improvement project

 

 

962,600

HHS, state opioid response grant

 

 

351,200

HHS, title IV-D child support program

 

 

857,200

HHS, title IV-E foster care program

 

 

320,100

Special revenue funds:

 

 

 

User fees

 

 

7,782,600

Interest on lawyers trust accounts

 

 

405,700

Private funds

 

 

501,100

State justice institute

 

 

529,000

Community dispute resolution fund

 

 

2,406,300

Court of appeals filing/motion fees

 

 

1,450,000

Drug treatment court fund

 

 

1,920,500

Justice system fund

 

 

619,800

Law exam fees

 

 

777,900

Miscellaneous revenue

 

 

249,400

State court fund

 

 

408,600

State general fund/general purpose

 

$

52,099,300

For Fiscal Year

Ending Sept. 30,

2023

Sec. 103. COURT OF APPEALS

 

 

 

Full-time equated exempted positions

175.0

 

 

Court of appeals operations—FTEs

175.0

$

26,161,000

GROSS APPROPRIATION

 

$

26,161,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

26,161,000

Sec. 104. BRANCHWIDE APPROPRIATIONS

 

 

 

Full-time equated exempted positions

4.0

 

 

Branchwide appropriations—FTEs

4.0

$

8,861,500

GROSS APPROPRIATION

 

$

8,861,500

Appropriated from:

 

 

 

State general fund/general purpose

 

$

8,861,500

Sec. 105. JUSTICES’ AND JUDGES’ COMPENSATION

 

 

 

Judges positions—589.0 justices and judges

 

 

 

Supreme court justices’ salaries—7.0 justices

 

$

1,270,500

Circuit court judges’ state base salaries—221.0 judges

 

 

27,065,800

Circuit court judicial salary standardization

 

 

10,059,700

Court of appeals judges’ salaries—25.0 judges

 

 

4,566,500

District court judges’ state base salaries—232.0 judges

 

 

28,081,600

District court judicial salary standardization

 

 

10,608,600

Probate court judges’ state base salaries—104.0 judges

 

 

12,661,200

Probate court judicial salary standardization

 

 

4,703,900

Judges’ retirement system defined contributions

 

 

6,178,000

OASI, Social Security

 

 

7,118,600

GROSS APPROPRIATION

 

$

112,314,400

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Court fee fund

 

 

1,970,800

State general fund/general purpose

 

$

110,343,600

Sec. 106. JUDICIAL AGENCIES

 

 

 

Full-time equated exempted positions

10.0

 

 

Judicial tenure commission—FTEs

10.0

$

2,423,000

GROSS APPROPRIATION

 

$

2,423,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

2,423,000

Sec. 107. INDIGENT DEFENSE - CRIMINAL

 

 

 

Full-time equated exempted positions

62.0

 

 

Appellate public defender program—FTEs

62.0

$

10,161,400

GROSS APPROPRIATION

 

$

10,161,400

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of state police

 

 

250,000

Federal revenues:

 

 

 

Federal funds

 

 

577,000

Special revenue funds:

 

 

 

Interest on lawyers trust accounts

 

 

88,400

Miscellaneous revenue

 

 

172,400

State general fund/general purpose

 

$

9,073,600

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

For Fiscal Year

Ending Sept. 30,

2023

State general fund/general purpose

 

$

0

Sec. 109. TRIAL COURT OPERATIONS

 

 

 

Full-time equated exempted positions

26.0

 

 

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—FTE

1.0

 

6,610,300

Statewide e-file system—FTEs

25.0

 

11,853,400

GROSS APPROPRIATION

 

$

87,644,400

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Court equity fund

 

 

50,440,000

Drug case information management fund

 

 

250,000

Drunk driving case-flow assistance fund

 

 

3,300,000

Judicial electronic filing fund

 

 

11,853,400

Judicial technology improvement fund

 

 

4,815,000

Juror compensation fund

 

 

6,610,300

State general fund/general purpose

 

$

10,375,700

Sec. 110. ONE-TIME APPROPRIATIONS

 

 

 

Full-time equated exempted positions

7.0

 

 

Compliance with Montgomery v Louisiana—FTEs

7.0

$

962,900

Judicial tenure commission

 

 

249,300

Judicial workload assessment

 

 

225,000

Statewide judicial case management system

 

 

150,000,000

GROSS APPROPRIATION

 

$

151,437,200

Appropriated from:

 

 

 

State general fund/general purpose

 

$

151,437,200

 

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

FOR FISCAL YEAR

GENERAL SECTIONS

 

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2022-2023 is $465,956,300.00 and state spending from state sources to be paid to local units of government is $150,357,800.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

JUDICIARY

 

 

 

SUPREME COURT

 

 

 

Drug treatment courts

 

$

9,003,200

Mental health courts and diversion services

 

 

5,708,400

Next generation Michigan court system

 

 

4,116,000

Swift and sure sanctions program

 

 

3,350,000

Veterans courts

 

 

1,061,200

COURT OF APPEALS

 

 

 

Court of appeals operations

 

$

200,000

JUSTICES’ AND JUDGES’ COMPENSATION

 

 

 

Circuit court judicial salary standardization

 

$

10,059,700

District court judicial salary standardization

 

 

10,608,600

OASI, Social Security

 

 

1,241,200

For Fiscal Year

Ending Sept. 30,

2023

Probate court judges’ state base salaries

 

$

12,661,200

Probate court judicial salary standardization

 

 

4,703,900

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

 

 

6,610,300

Statewide e-file system

 

 

11,853,400

TOTAL

 

$

150,357,800

 

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 must 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 must 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 requirement includes transmission of reports via email to the recipients identified for each reporting requirement and includes placement of reports on an internet site.

 

Sec. 205. Except as otherwise provided in this part, all reports required under this part must be submitted to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget office.

 

Sec. 206. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply:

(a) The 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.

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

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

 

Sec. 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 must be submitted to the senate and house appropriations committees and to the report recipients required in section 205 of this part. 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. 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 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. 209. 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 must 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. 210. 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. 211. 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. 212. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $13,829,500.00. From this amount, total judiciary appropriations for pension-related legacy costs are estimated at $8,396,300.00. Total judiciary appropriations for retiree health care legacy costs are estimated at $5,433,200.00.

 

Sec. 213. The judicial branch shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff, unless the communication is prohibited by law and the judicial branch is exercising its authority as provided by law.

 

Sec. 214. From the funds appropriated in part 1, the state court administrative office shall identify programs, within the department of health and human services, the department of labor and economic opportunity, and the department of corrections, that have programmatic connections with the participants in the swift and sure sanctions program. The purpose of this relationship is to leverage collaborations and to determine avenues of success for offenders who are eligible for state-provided programs. The state court administrative office shall provide guidance to courts participating in the swift and sure sanctions program, under the probation swift and sure sanctions act, chapter XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8, regarding the available department of health and human services, department of labor and economic opportunity, and department of corrections programming.

 

Sec. 215. 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 must 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 must 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 must 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 must be public and nonidentifying information.

 

Sec. 305. From the funds appropriated in part 1 for community dispute resolution, community dispute resolution centers shall provide dispute resolution services specified in the community dispute resolution act, 1988 PA 260, MCL 691.1551 to 691.1564, and shall help to reduce suspensions and truancy, and improve school climate. Funding appropriated in part 1 for community dispute resolution may be used to develop or expand juvenile diversion services in cooperation with local prosecutors. Participation in the dispute resolution processes is voluntary for all parties.

 

Sec. 306. 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. 307. 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 must be appropriated from the state general fund for judges’ compensation. If an appropriation is made under this section, the state court administrative office shall issue a report within 14 days of the appropriation to the senate and house standing committees on appropriations and to the report recipients required in section 205 of this part.

 

Sec. 308. 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 must include information on the number of each type of program that has been established, the number of program participants in each jurisdiction, the impact of the programs on offender criminal involvement and recidivism, and an accounting of prior year expenditures, including grant amounts requested by the courts, grant amounts awarded to the courts, and grant amounts expended by the courts.

 

Sec. 309. (1) From the funds appropriated in part 1 for problem solving courts, $100,000.00 must be used by the state court administrative office for a program in a veterans treatment court or a mental health treatment court, or both, that investigates the effectiveness of oral fluid testing to determine compliance with required mental health medicine prescriptions or requirements.

(2) By April 1, the state court administrative office shall provide a report on the oral fluid testing programs established in this state. The report must include information on the number of programs established, the number of program participants in each jurisdiction, and the rearrest rate of participants while participating in the program.

 

Sec. 310. (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, must 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. 311. 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. 312. (1) From the funds appropriated in part 1 for the swift and sure sanctions program, 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 is 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). The report must include all of the following:

(a) The number of offenders who participate in the program.

(b) The criminal history of offenders who participate in the program.

(c) The recidivism rate of offenders who participate in the program, including the rate of return to jail, prison, or both.

(d) A detailed description of the establishment and parameters of the program.

(e) A list of courts participating in the program.

(f) An accounting of prior year expenditures, including grant amounts requested by the courts, grant amounts awarded to the courts, and grant amounts expended by the courts.

(3) As used in this section, “program” means a swift and sure sanctions program described in subsection (1).

 

Sec. 313. 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 for the preceding fiscal year.

 

Sec. 314. If Byrne formula grant funding is awarded to the state appellate defender office in excess of the amount appropriated in part 1, the state appellate defender office may receive and expend Byrne formula grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from the department of state police. If the state appellate defender office receives federal grant funding from the United States Department of Justice in excess of the amount appropriated in part 1, the state appellate defender office may receive and expend grant funds in an amount not to exceed $300,000.00.

 

Sec. 315. (1) From the funds appropriated in part 1 for drug treatment courts, 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.

(2) By February 1, the judiciary shall report on the medication-assisted treatment program. The report must include itemized spending by court, the number of participants, and statistics that indicate average program participation duration and success rates.

(3) The goal of the medication-assisted treatment program is for participants to be free of narcotic addiction prior to ending participation in the program.

 

ONE-TIME APPROPRIATIONS

Sec. 401. (1) From the funds appropriated in part 1, the state appellate defender office shall ensure Michigan compliance with Montgomery v Louisiana, 577 US 190 (2016). The purpose of the program is to ensure competent, resourced, and supervised counsel in cases involving the resentencing of juvenile lifers. The representation by state appellate defender office will create opportunities for release, saving prison costs for the state.

(2) The state appellate defender office shall submit a report by December 31 on the number of juvenile lifer cases investigated and prepared by the state appellate defender office. The report must 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.

 

Sec. 402. (1) Funds appropriated in part 1 for statewide judicial case management system are 1-time funds that must be used by the state court administrative office to establish a statewide judicial case management system that demonstrates the ability to integrate criminal justice data across the state and local units of government. Funds are prohibited from being used to supplant the current user fee system and administrative purposes unrelated to the statewide judicial case management system. The system must take into account improving operations, financial systems, research, informing of policy, and gaining actionable insights across organizational data.

(2) The intended purpose is to provide broad access to criminal justice information across state departments and agencies and local units of government, including, but not limited to, the department of state police and other law enforcement agencies, the department of corrections, jail administrators, judges, prosecuting attorneys, and courts. The project must comply with all security measures and restrictions to ensure that access to any information is held confidential under federal and state law. Access to information must be limited to authorized persons only.

(3) The system must be hosted in a secure cloud by a vendor that has documented experience operating in a state that has a population size similar to this state.

(4) The state court administrative office must submit an implementation status report within 12 months.

(5) The unexpended appropriations in part 1 for statewide judicial case management system are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for the project under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to establish a statewide judicial case management system that demonstrates the ability to integrate criminal justice data across the state and local units of government.

(b) The project will be accomplished utilizing state resources and contracts.

(c) The total estimated completion cost of the project is $150,000,000.00.

(d) The tentative completion date for the work project is September 30, 2027.

 

ARTICLE 9

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, 2023, from the following funds:

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

30.0

 

 

Full-time equated classified positions

1,849.9

 

 

GROSS APPROPRIATION

 

$

539,834,400

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

47,026,900

ADJUSTED GROSS APPROPRIATION

 

$

492,807,500

Federal revenues:

 

 

 

Total federal revenues

 

 

29,659,200

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

249,325,900

State general fund/general purpose

 

$

213,822,400

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

30.0

 

 

Full-time equated classified positions

100.0

 

 

Unclassified salaries—FTEs

30.0

$

2,795,100

Administrative services—FTEs

73.0

 

8,813,300

Executive director programs—FTEs

24.0

 

2,944,900

FOIA coordination—FTEs

3.0

 

338,600

Property management

 

 

8,021,100

For Fiscal Year

Ending Sept. 30,

2023

Worker’s compensation

 

$

264,100

GROSS APPROPRIATION

 

$

23,177,100

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from MDIFS, accounting services

 

 

150,000

Federal revenues:

 

 

 

EPA, underground storage tanks

 

 

30,500

HHS-Medicaid, certification of health care providers and suppliers

 

 

425,500

HHS-Medicare, certification of health care providers and suppliers

 

 

621,800

Special revenue funds:

 

 

 

Aboveground storage tank fees

 

 

95,400

Accountancy enforcement fund

 

 

66,400

Boiler inspection fund

 

 

290,000

Builder enforcement fund

 

 

103,300

Construction code fund

 

 

830,500

Corporation fees

 

 

4,489,200

Elevator fees

 

 

310,900

Fire alarm fees

 

 

7,500

Fire safety standard and enforcement fund

 

 

2,100

Fire service fees

 

 

463,400

Fireworks safety fund

 

 

61,200

Health professions regulatory fund

 

 

1,748,800

Health systems fees

 

 

252,400

Licensing and regulation fund

 

 

965,000

Liquor license revenue

 

 

340,000

Liquor purchase revolving fund

 

 

3,252,000

Marihuana registry fund

 

 

833,000

Marihuana regulation fund

 

 

457,100

Marihuana regulatory fund

 

 

697,800

Michigan unarmed combat fund

 

 

5,900

Mobile home code fund

 

 

287,600

Nurse professional fund

 

 

39,800

PMECSEMA fund

 

 

47,400

Property development fees

 

 

7,600

Public utility assessments

 

 

3,233,500

Real estate appraiser education fund

 

 

2,600

Real estate education fund

 

 

11,600

Real estate enforcement fund

 

 

11,900

Refined petroleum fund

 

 

173,300

Restructuring mechanism assessments

 

 

32,200

Securities fees

 

 

1,561,900

Securities investor education and training fund

 

 

9,400

Security business fund

 

 

7,200

Survey and remonumentation fund

 

 

98,800

Tax tribunal fund

 

 

825,300

Utility consumer representation fund

 

 

54,000

State general fund/general purpose

 

$

273,300

Sec. 103. PUBLIC SERVICE COMMISSION

 

 

 

Full-time equated classified positions

190.0

 

 

Low carbon energy infrastructure enhancement and development

 

$

25,000,000

Public service commission—FTEs

190.0

 

34,168,900

GROSS APPROPRIATION

 

$

59,168,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOT, gas pipeline safety

 

 

2,665,000

For Fiscal Year

Ending Sept. 30,

2023

Special revenue funds:

 

 

 

Public utility assessments

 

$

30,921,900

Restructuring mechanism assessments

 

 

582,000

State general fund/general purpose

 

$

25,000,000

Sec. 104. LIQUOR CONTROL COMMISSION

 

 

 

Full-time equated classified positions

145.0

 

 

Liquor licensing and enforcement—FTEs

116.0

$

17,433,800

Management support services—FTEs

29.0

 

4,767,700

GROSS APPROPRIATION

 

$

22,201,500

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Direct shipper enforcement revolving fund

 

 

309,600

Liquor control enforcement and license investigation revolving fund

 

 

175,000

Liquor license fee enhancement fund

 

 

76,400

Liquor license revenue

 

 

8,243,900

Liquor purchase revolving fund

 

 

13,396,600

State general fund/general purpose

 

$

0

Sec. 105. OCCUPATIONAL REGULATION

 

 

 

Full-time equated classified positions

1,028.9

 

 

Adult foster care and camps licensing and regulation—FTEs

96.0

$

13,777,600

Bureau of community and health systems administration—FTEs

20.0

 

2,448,500

Bureau of construction codes—FTEs

182.0

 

25,180,500

Bureau of fire services—FTEs

79.0

 

13,969,500

Bureau of professional licensing—FTEs

205.0

 

41,067,700

Child care licensing and regulation—FTEs

127.0

 

20,648,400

Corporations, securities, and commercial licensing bureau—FTEs

109.0

 

15,520,500

Health facilities regulation—FTEs

202.9

 

33,449,000

Nurse aide program—FTEs

8.0

 

1,780,800

Urban search and rescue

 

 

1,000,000

GROSS APPROPRIATION

 

$

168,842,500

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from MDE, child care licensing

 

 

20,146,700

Federal revenues:

 

 

 

DHS, fire training systems

 

 

528,000

DOT, hazardous materials training and planning

 

 

20,000

EPA, underground storage tanks

 

 

820,600

HHS-Medicaid, certification of health care providers and suppliers

 

 

8,992,200

HHS-Medicare, certification of health care providers and suppliers

 

 

14,468,300

Special revenue funds:

 

 

 

Aboveground storage tank fees

 

 

234,100

Accountancy enforcement fund

 

 

780,300

Adult foster care facilities license fund

 

 

417,600

Boiler inspection fund

 

 

2,983,900

Builder enforcement fund

 

 

644,000

Child care home and center licenses fund

 

 

501,700

Construction code fund

 

 

10,571,100

Corporation fees

 

 

8,193,300

Division on deafness fund

 

 

73,400

Elevator fees

 

 

3,964,700

Fire alarm fees

 

 

135,900

Fire safety standard and enforcement fund

 

 

31,200

Fire service fees

 

 

2,709,100

For Fiscal Year

Ending Sept. 30,

2023

Fireworks safety fund

 

$

1,243,800

Health professions regulatory fund

 

 

25,713,500

Health systems fees

 

 

4,019,700

Licensing and regulation fund

 

 

12,838,100

Liquor purchase revolving fund

 

 

151,100

Marihuana regulatory fund

 

 

500,000

Mobile home code fund

 

 

2,110,800

Nurse aide registration fund

 

 

597,500

Nurse professional fund

 

 

1,967,200

Nursing home administrative penalties

 

 

100,000

PMECSEMA fund

 

 

1,909,800

Property development fees

 

 

192,600

Real estate appraiser education fund

 

 

65,500

Real estate education fund

 

 

347,700

Real estate enforcement fund

 

 

554,400

Refined petroleum fund

 

 

2,704,100

Securities fees

 

 

5,273,900

Securities investor education and training fund

 

 

497,000

Security business fund

 

 

238,200

Survey and remonumentation fund

 

 

892,600

State general fund/general purpose

 

$

30,708,900

Sec. 106. CANNABIS REGULATORY AGENCY

 

 

 

Full-time equated classified positions

168.0

 

 

Medical marihuana facilities licensing and tracking—FTEs

50.0

$

6,546,100

Medical marihuana program—FTEs

25.0

 

5,031,900

Recreational marihuana regulation—FTEs

93.0

 

14,594,100

GROSS APPROPRIATION

 

$

26,172,100

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Marihuana registry fund

 

 

5,031,900

Marihuana regulation fund

 

 

14,594,100

Marihuana regulatory fund

 

 

6,546,100

State general fund/general purpose

 

$

0

Sec. 107. MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES

 

 

 

Full-time equated classified positions

202.0

 

 

Michigan office of administrative hearings and rules—FTEs

202.0

$

38,965,000

GROSS APPROPRIATION

 

$

38,965,000

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG revenues, administrative hearings and rules

 

 

26,730,200

Special revenue funds:

 

 

 

Construction code fund

 

 

26,700

Corporation fees

 

 

4,373,600

Health professions regulatory fund

 

 

860,200

Health systems fees

 

 

165,100

Licensing and regulation fund

 

 

903,300

Liquor purchase revolving fund

 

 

481,000

Marihuana regulation fund

 

 

100,000

Marihuana regulatory fund

 

 

252,000

Public utility assessments

 

 

2,490,700

Securities fees

 

 

1,038,800

Tax tribunal fund

 

 

847,600

State general fund/general purpose

 

$

695,800

For Fiscal Year

Ending Sept. 30,

2023

Sec. 108. COMMISSIONS

 

 

 

Full-time equated classified positions

16.0

 

 

Michigan indigent defense commission—FTEs

16.0

$

2,763,000

Michigan unarmed combat commission

 

 

126,200

GROSS APPROPRIATION

 

$

2,889,200

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Michigan unarmed combat fund

 

 

126,200

State general fund/general purpose

 

$

2,763,000

Sec. 109. GRANTS

 

 

 

Firefighter training grants

 

$

2,300,000

Liquor law enforcement grants

 

 

8,400,000

Marihuana operation and oversight grants

 

 

3,000,000

Michigan indigent defense commission grants

 

 

148,917,400

Remonumentation grants

 

 

6,800,000

Utility consumer representation

 

 

850,000

GROSS APPROPRIATION

 

$

170,267,400

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Fireworks safety fund

 

 

2,300,000

Liquor license revenue

 

 

8,400,000

Local indigent defense reimbursement

 

 

300,000

Marihuana registry fund

 

 

100

Marihuana regulation fund

 

 

2,999,900

Survey and remonumentation fund

 

 

6,800,000

Utility consumer representation fund

 

 

850,000

State general fund/general purpose

 

$

148,617,400

Sec. 110. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

19,807,100

GROSS APPROPRIATION

 

$

19,807,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOT, gas pipeline safety

 

 

45,000

EPA, underground storage tanks

 

 

100,200

HHS-Medicaid, certification of health care providers and suppliers

 

 

358,300

HHS-Medicare, certification of health care providers and suppliers

 

 

583,800

Special revenue funds:

 

 

 

Aboveground storage tank fees

 

 

34,600

Accountancy enforcement fund

 

 

1,100

Boiler inspection fund

 

 

328,100

Construction code fund

 

 

1,290,900

Corporation fees

 

 

4,240,100

Elevator fees

 

 

476,900

Fire safety standard and enforcement fund

 

 

3,000

Fire service fees

 

 

538,300

Fireworks safety fund

 

 

52,000

Health professions regulatory fund

 

 

1,854,100

Health systems fees

 

 

298,200

Licensing and regulation fund

 

 

1,101,700

Liquor purchase revolving fund

 

 

3,518,000

Marihuana registry fund

 

 

447,100

Marihuana regulation fund

 

 

361,600

Marihuana regulatory fund

 

 

741,300

Michigan unarmed combat fund

 

 

6,800

For Fiscal Year

Ending Sept. 30,

2023

Mobile home code fund

 

$

176,100

PMECSEMA fund

 

 

38,600

Public utility assessments

 

 

1,242,900

Real estate appraiser education fund

 

 

1,000

Real estate education fund

 

 

1,900

Refined petroleum fund

 

 

170,800

Restructuring mechanism assessments

 

 

28,100

Securities fees

 

 

244,000

Securities investor education and training fund

 

 

1,000

Survey and remonumentation fund

 

 

74,100

Tax tribunal fund

 

 

183,500

State general fund/general purpose

 

$

1,264,000

Sec. 111. ONE-TIME APPROPRIATIONS

 

 

 

Bureau of fire services - smoke detectors

 

$

1,000,000

Cannabis market taxation and regulatory compliance analysis pilot program

 

 

500,000

Corporations online filing modernization

 

 

2,343,600

Michigan saves

 

 

2,500,000

Michigan task force on foreign trained medical professional licensing

 

 

1,000,000

Urban search and rescue

 

 

1,000,000

GROSS APPROPRIATION

 

$

8,343,600

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Corporation fees

 

 

2,343,600

Health professions regulatory fund

 

 

1,000,000

Marihuana regulation fund

 

 

500,000

State general fund/general purpose

 

$

4,500,000

 

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

FOR FISCAL YEAR 2022-2023

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 2022-2023 is $463,148,300.00 and state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is $169,417,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

 

 

 

Firefighter training grants

 

$

2,300,000

Liquor law enforcement grants

 

 

8,400,000

Marihuana operation and oversight grants

 

 

3,000,000

Michigan indigent defense commission grants

 

 

148,917,400

Remonumentation grants

 

 

6,800,000

TOTAL

 

$

169,417,400

 

Sec. 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 licensing and regulatory affairs.

(b) “DHS” means the United States Department of Homeland Security.

(c) “Director” means the director of the department.

(d) “DOT” means the United States Department of Transportation.

(e) “EPA” means the United States Environmental Protection Agency.

(f) “FOIA” means the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(g) “FTE” means full-time equated.

(h) “HHS” means the United States Department of Health and Human Services.

(i) “IDG” means interdepartmental grant.

(j) “MDE” means the Michigan department of education.

(k) “MDIFS” means the Michigan department of insurance and financial services.

(l) “PMECSEMA” means pain management education and controlled substances electronic monitoring and antidiversion.

(m) “Subcommittees” means the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department.

 

Sec. 204. The department shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement and it shall include placement of reports on an internet site.

 

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply:

(a) The 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.

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

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

 

Sec. 206. The department shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the legislature or a member’s staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

 

Sec. 207. The department shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office. The report shall include the following information:

(a) The dates of each travel occurrence.

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

 

Sec. 208. Funds appropriated in this part and part 1 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 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 $1,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 211. 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 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 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, 2023 are estimated at $40,356,700.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $24,501,800.00. Total agency appropriations for retiree health care legacy costs are estimated at $15,854,900.00.

 

Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure that 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. 216. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the subcommittees, and the senate and house fiscal agencies the following information:

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

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

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

(a) Number of employees that were engaged in remote work in 2022.

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

(c) Estimated net cost savings achieved by remote work.

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

 

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

 

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each chamber, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

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

 

Sec. 220. Not later than April 1, the department shall report 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 appropriations committees, the subcommittees, the joint committee on administrative rules, and the senate and house fiscal agencies.

 

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

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

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

(c) By February 1, report to the subcommittees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022, and the number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 222. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

Sec. 223. It is the intent of the legislature that the department maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

 

Sec. 224. 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 chairpersons of the subcommittees, the senate and house fiscal agencies, and the state budget office of pass-through funds appropriated under this section.

 

Sec. 225. (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 chairpersons of the subcommittees, the senate and house fiscal agencies, and the state budget office 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. 226. (1) The department may charge registration fees to attendees of informational, training, or special events sponsored by the department and related to activities that are under the department’s purview.

(2) These fees shall reflect the costs for the department to sponsor the informational, training, or special events.

(3) Revenue generated by the registration fees is appropriated upon receipt and available for expenditure to cover the department’s costs of sponsoring informational, training, or special events.

(4) Revenue generated by registration fees in excess of the department’s costs of sponsoring informational, training, or special events shall carry forward to the subsequent fiscal year and not lapse to the general fund.

(5) The amount appropriated under subsection (3) shall not exceed $500,000.00.

 

Sec. 227. 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. 228. (1) The department shall sell documents at a price not to exceed the cost of production and distribution. Money received from the sale of these documents shall revert to the department. In addition to the funds appropriated in part 1, these funds are available for expenditure when they are received by the department of treasury. This subsection applies only for the following documents:

(a) Corporation and securities division documents, reports, and papers required or permitted by law pursuant to section 1060(6) of the business corporation act, 1972 PA 284, MCL 450.2060.

(b) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303.

(c) The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2350; the business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform securities act (2002), 2008 PA 551, MCL 451.2101 to 451.2703.

(d) Construction code manuals.

(e) Copies of transcripts from administrative law hearings.

(2) In addition to the funds appropriated in part 1, funds appropriated for the department under sections 57, 58, and 59 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.257, 24.258, and 24.259, and section 203 of the legislative council act, 1986 PA 268, MCL 4.1203, are appropriated for all expenses necessary to provide for the cost of publication and distribution.

(3) Unexpended funds at the end of the fiscal year shall carry forward to the subsequent fiscal year and not lapse to the general fund.

 

Sec. 229. (1) Not later than December 31, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget office pertaining to licensing and regulatory programs during the previous 3 fiscal years, if available, for the following agencies:

(a) Liquor control commission.

(b) Bureau of fire services.

(c) Bureau of construction codes.

(d) Corporations, securities, and commercial licensing bureau.

(e) Bureau of professional licensing.

(f) Bureau of community and health systems.

(2) The report shall be in a format that is consistent between the agencies listed in subsection (1). Agencies listed in subsection (1)(a) and (b) shall report by regulated activity, and agencies listed in subsection (1)(c), (d), (e), and (f) shall report by regulatory product or regulated activity, or both. Subject to this subsection, the report shall provide, but is not limited to, the following information for the previous 3 fiscal years, as applicable, for each agency:

(a) Revenue generated by and expenditures disbursed by regulatory fund.

(b) Revenue generated by regulatory product or regulated activity.

(c) The renewal cycle and amount of each fee charged.

(d) Number of initial applications.

(e) Number of initial applications denied.

(f) Number of license renewals.

(g) Average amount of time to approve or deny completed applications.

(h) Number of examinations proctored for initial applications.

(i) A description of the types of complaints received.

(j) A description of the process used to resolve complaints.

(k) Number of complaints received.

(l) Number of complaints investigated.

(m) Number of complaints closed with no action.

(n) Number of complaints resulting in administrative actions or citations.

(o) Average amount of time to complete investigations.

(p) Number of enforcement actions, including license revocations, suspensions, and fines.

(q) A description of the types of enforcement actions taken against licensees.

(r) Number of administrative hearing adjudications.

(3) As used in subsection (2), “regulatory product” means each occupation, profession, trade, or program, which includes licensure, certification, registration, inspection, review, permitting, approval, or any other regulatory service provided by the agencies specified in subsection (1) for each regulated activity. As used in this subsection and subsection (2), “regulated activity” means the particular activities, entities, facilities, and industries regulated by the agencies specified in subsection (1).

 

Sec. 230. 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. The department shall submit quarterly reports to the subcommittees, the senate and house fiscal agencies, and the state budget office on changes to the employee performance monitoring process that are planned or implemented, as well as the number of employee evaluations performed.

 

Sec. 231. Unless prohibited by law, the department may accept credit card or other electronic means of payment for licenses, fees, or permits.

 

Sec. 232. The department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget office by September 30 detailing any expenditure of funds for a television or radio production that was made to a third-party vendor in the fiscal year ending September 30, 2023. The report must include the following information for each expenditure:

(a) Total amount of the expenditure.

(b) Fund source for the expenditure.

(c) Name of any vendor that created the production and the amount paid to each vendor.

(d) Purpose of the production.

 

Sec. 233. Pending litigation related to a licensee must not delay investigations and licensing actions taken by the department toward that licensee under its statutory authority, unless otherwise prohibited by law.

 

Sec. 234. From the funds appropriated in part 1, the department shall make accessible to the subcommittees, and post on a publicly accessible website, a report describing materials that department employees and contractors are required to review or complete as part of their mandatory training, including mandatory examinations, surveys, audio or visual recordings, and reading materials. All current training materials and future trainings shall be made available for review by members of the subcommittees, or their designees. Contract-based trainings from outside entities must include allowing members of the subcommittees, or their designees, to view the training materials. The report shall be updated and resubmitted to the subcommittees when department training requirements change.

Sec. 235. (1) The department must require that as a condition of employment, each employee must participate in 2 hours of customer service and business ethics training. This training must include, but is not limited to, instruction in customer service professionalism, consumer support, and ethics in business.

(2) Not later than November 3, 2022, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget office containing all of the following information:

(a) The number of classified and unclassified employees that received the customer service and business ethics training.

(b) A copy of the material that was presented in the customer service and business ethics training.

(c) Information on the entity that provided the customer service and business ethics training.

 

PUBLIC SERVICE COMMISSION

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 grant program.

 

Sec. 302. (1) From the funds appropriated in part 1 for low carbon energy infrastructure enhancement and development, funding must be expended only for grants to businesses, nonprofit organizations, and units of local government for the purposes of planning, developing, designing, acquiring, or constructing low carbon energy facilities, which may include, but are not limited to, natural gas facilities, combined heat and power facilities, renewable natural gas facilities, and electrification programs.

(2) The Michigan public service commission must develop program guidelines and implement an application process for the grant program within 6 months after the effective date of this act and must first prioritize and approve grants that do all of the following:

(a) Are supported by a cost-benefit analysis.

(b) Facilitate the largest number of end-use customers achieving access to low carbon energy facilities at the lowest total cost.

(c) Reduce customer energy cost burdens.

(d) Support the reduction of emissions.

(3) Grant applicants must do all of the following:

(a) Perform an impact study that includes an analysis of potential cost savings, environmental impacts, and local economic benefits of the proposed low carbon energy facilities. A utility, at its sole discretion, may prepare a single impact study covering the utility’s service territory that accounts for likely proposals, evaluates regional opportunities, and minimizes or eliminates the need for repetitive studies. Sufficient detail must be provided in the study to allow the Michigan public service commission to evaluate each low carbon energy facility proposed.

(b) Submit a proposal that details the associated costs and benefits of the proposal, including all of the following:

(i) The cost impact to potential new customers, including a cost-benefit analysis demonstrating the impact and cost savings to customers that are directly part of the infrastructure development proposal. The cost-benefit analysis must include all of the following:

(A) A summary of the project, including detailed cost estimates for completion, project timing, and locations impacted.

(B) A prospective list outlining the volume of potential customers that would be impacted by the project development.

(C) A comprehensive analysis of prospective customers’ energy costs using those customers’ current energy supply versus the proposed new energy supply source and other alternative energy sources that may be available, including all of the following:

(I) The forecasted annual energy costs of a customer’s current energy supply in direct comparison with the proposed new energy supply source and other alternative energy sources that may be available.

(II) Any installation or project costs that are the customer’s responsibility.

(III) A detailed comparison of the scope 1, scope 2, and scope 3 emissions, as defined by the Environmental Protection Agency, associated with the energy supply within the proposal versus the current energy supply being used by prospective customers and other alternative energy sources that may be available, including all of the following:

(1) The calculated emissions savings for an average customer under the different energy supply options.

(2) Any supporting details for the emissions calculation, including any models and detail on assumptions.

(ii) An analysis to demonstrate impact on the local economy and this state’s economy, including all of the following:

(A) The number of jobs created during the project.

(B) The potential impact to the small business community within the local area where the grant or loan is proposed to be spent.

(C) The cost savings to other customers due to the grant being used to supplement spending and revenue in other areas.

(iii) A detailed summary indicating any support from customers and communities associated with the project plans for the infrastructure development, including all of the following:

(A) Any outreach campaigns or events conducted, including dates, times, and number of households reached.

(B) A list of any customers or businesses that have expressed or signaled interest in supporting the project development.

(iv) An analysis of the anticipated community health impacts related to the proposed low carbon energy facility.

(4) In addition to the requirements of subsection (3), an applicant applying for a grant to be used to develop RNG infrastructure shall include all of the following:

(a) The project details, including the location of biogas and the proposed interconnection.

(b) The cost estimates for the interconnection, metering, and gas conditioning equipment needed to connect to an existing pipeline system.

(c) A summary of the environmental and health impacts of the project, including the forecasted emission reductions.

(d) Any local economic impact from the RNG infrastructure development.

(e) The end-use application for the RNG infrastructure with a focus on projects being used for opportunities in this state.

(5) After receiving an application under this section, the Michigan public service commission must allow local units of government, environmental groups, and business interests directly affected by the proposal 45 days to review the application and provide comments. The Michigan public service commission must give the applicant 15 days after the comments have been received from interested parties, at the applicant’s discretion, to modify or maintain their initial proposal.

(6) The Michigan public service commission must review all proposals and award grants to applicants it determines have met the criteria in this section. All grants must include full and timely cost recovery from the fund for the infrastructure requirements of the affected utility made necessary by the grant.

(7) Grant recipients under this section must submit a report to the Michigan public service commission detailing how the grant money was used within 30 days after the completion of the relevant project.

(8) As used in this section, “renewable natural gas” or “RNG” means methane derived from organic waste material and degradable carbon sources, including, but not limited to, agricultural waste, manure, municipal waste, plant materials, sewage, green waste, or food waste.

(9) The unexpended funds appropriated in part 1 for low carbon energy infrastructure enhancement and development are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to support improvements to low carbon energy infrastructure projects.

(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 $25,000,000.00.

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

 

LIQUOR CONTROL COMMISSION

Sec. 401. (1) From the appropriations in part 1 from the direct shipper enforcement revolving 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. In addition to other investigative methods, the commission shall use shipping records available to it under section 203(21) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1203, to assist with this effort. 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, the subcommittees, and the state budget office detailing the commission’s activities to investigate and audit the illegal shipping of wine and the results of these activities. The report shall include the following:

(a) Work hours spent, specific actions undertaken, and the number of FTEs dedicated to identifying and stopping unlicensed out-of-state retailers, third-party marketers, and wineries that ship illegally in Michigan.

(b) General overview of expenditures associated with efforts to identify and stop unlicensed out-of-state retailers, third-party marketers, and wineries that ship illegally in Michigan.

(c) Number of out-of-state entities found to have illegally shipped wine into Michigan and total number of bottles (750 ml), number of cases with 750 ml bottles, number of liters, number of gallons, or weight of illegally shipped wine. These items must be broken down by total number of retailers and total number of wineries.

(d) Suggested areas of focus on how to address direct shipper enforcement and illegal importation in the future.

(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 revolving 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. Not later than February 15, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget office providing the following information:

(a) The number of veterans who were separated from service in the Armed Forces of the United States with an honorable character of service or under honorable conditions (general) character of service, individually or if a majority interest of a corporation or limited liability company, that were exempted from paying licensure, registration, filing, or any other fees collected under each licensure or regulatory program administered by the bureau of construction codes, the bureau of professional licensing, and the corporations, securities, and commercial licensing bureau during the preceding fiscal year.

(b) The specific fees and total amount of revenue exempted under each licensure or regulatory program administered by the bureau of construction codes, the bureau of professional licensing, and the corporations, securities, and commercial licensing bureau during the preceding fiscal year.

(c) The actual costs of providing licensing and other regulatory services to veterans exempted from paying licensure, registration, filing, or any other fees during the preceding fiscal year and a description of how these costs were calculated.

(d) The estimated amount of revenue that will be exempted under each licensure or regulatory program administered by the bureau of construction codes, the bureau of professional licensing, and the corporations, securities, and commercial licensing bureau in both the current and subsequent fiscal years and a description of how the exempted revenue was estimated.

Sec. 504. If the revenue collected by the department for health systems administration from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.

 

Sec. 505. Not later than February 1, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget office 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. 506. (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 subcommittees, the senate and house fiscal agencies, and the state budget office.

 

Sec. 507. The department shall submit a report on the Michigan automated prescription system to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office 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. 508. From the amount appropriated in part 1 for bureau of community and health systems administration, upon receipt of the order of suspension of a licensed adult foster care home, home for the aged, or nursing home, the department shall serve the facility and provide contemporaneous notice to the offices of legislators representing a district where the licensed facility is situated and to the senate and house subcommittees on health and human services.

 

Sec. 509. The department shall not enforce any directive requiring the masking of children less than 5 years of age and shall not take any licensing or administrative action against any licensee for failure to enforce or require the masking of children less than 5 years of age.

 

Sec. 510. From the funds appropriated in part 1 for bureau of construction codes, at least $900,000.00 must be allocated for additional inspections and enforcement activities related to the carnival-amusement safety act of 1966, 1966 PA 225, MCL 408.651 to 408.670, and the ski area safety act of 1962, 1962 PA 199, MCL 408.321 to 408.344.

 

Sec. 511. 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 before 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. 512. From the funds appropriated in part 1, the bureau of fire services shall allocate $228,900.00 to increase the number of inspections that the bureau conducts at places of public assembly.

 

Cannabis regulatory agency

Sec. 601. The department shall submit a comprehensive annual report for all marihuana programs administered by the cannabis regulatory agency by January 31 to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office. This report shall include, but is not limited to, all of the following information for the prior fiscal year regarding the marihuana programs under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967:

(a) The number of initial applications received, by license category.

(b) The number of initial applications approved and the number of initial applications denied, by license category.

(c) The average amount of time, from receipt to approval or denial, to process an initial application, by license category.

(d) The number of renewal applications approved, by license category and by county.

(e) The number of renewal applications received, by license category and by county, if applicable.

(f) The number of renewal applications denied, by license category and by county.

(g) The average amount of time, from receipt to approval or denial, to process a renewal application, by license category, if applicable.

(h) The percentage of initial applications not approved or denied within the time requirements established in the respective act, by license category, if applicable.

(i) The percentage of renewal applications not approved or denied within the time requirements established in the respective act, by license category, if applicable.

(j) The total amount collected from application fees or established regulatory assessment and the specific fund this amount is deposited into, by license category.

(k) The costs of administering the licensing program under each act.

(l) The registered names and addresses of all facilities licensed under each act, by license category and by county.

(m) Number of complaints received pertaining to each act, by license type or regulatory activity.

(n) A description of the types of complaints received.

(o) A description of the process used to resolve complaints.

(p) Number of investigations opened pertaining to each license category.

(q) Number of investigations closed pertaining to each license category.

(r) Average amount of time to complete investigations pertaining to each license category.

(s) Number of enforcement actions pertaining to each license category.

(t) A description of the types of enforcement actions taken against licensees.

(u) Number of administrative hearing adjudications pertaining to each license type.

(v) A list of the fees charged for license applications, license renewals, and registry cards.

 

Sec. 602. From the funds appropriated in part 1, within 15 days before the last day of each fiscal quarter, the cannabis regulatory agency shall post on a publicly accessible website a list of all of the following:

(a) The number of investigative reports that identify suspected illegal or irregular activities of licensees under the agency’s purview.

(b) The number of investigative reports that identify suspected marihuana product without the tracking numbers assigned by the statewide monitoring system affixed, tagged, or labeled as required by the act or the rules.

(c) The number of complaints filed by the public with the agency concerning marihuana product without the tracking numbers assigned by the statewide monitoring system affixed, tagged, or labeled as required by the act or the rules.

(d) The number of complaints filed by the public with the agency concerning unlicensed commercial production or sale of delta-8 THC.

(e) The number and outcome of all agency disciplinary proceedings initiated against any licensee subject to the reports in subdivisions (a), (b), (c), and (d).

(f) The number of reports of any suspected or illegal activities and the category of suspected illegal or irregular activities the agency referred to the department of state police, or other appropriate law enforcement agency, of any suspected or illegal activities contained in the reports in subdivisions (a), (b), (c), and (d).

(g) For any licensee subject to disciplinary proceedings initiated by the agency under the reports in subdivisions (a), (b), (c), and (d), the cannabis regulatory agency shall post the following information on a publicly available website upon the closure of any investigative report:

(i) Name of licensee.

(ii) Description of the allegation.

(iii) Complaint type.

(iv) Process used to resolve the allegation.

(v) Name of the law enforcement agency the allegation was referred to, including the date of the referral.

 

Sec. 603. The department shall submit a comprehensive annual report for all hemp programs administered by the cannabis regulatory agency by January 31 to the subcommittees, the senate and house fiscal agencies, and the state budget office. This report must include a description of all programs transferred from the Michigan department of agriculture and rural development to the cannabis regulatory agency under Executive Order No. 2022-1. The report must include, but is not limited to, all of the following:

(a) Total amount collected by the cannabis regulatory agency from regulatory and licensing activities related to hemp and hemp processor-handlers.

(b) Total cost of administering hemp regulatory and licensing programs.

(c) Total number of hemp processor-handlers and any other hemp licensees licensed in this state, by county.

(d) A list and description of any fees that the cannabis regulatory agency assesses on hemp licensees.

(e) A list and description of the functions of any personnel transferred to the cannabis regulatory agency under Executive Order No. 2022-1.

 

Sec. 604. (1) From the FTEs provided for in part 1 for recreational marihuana regulation, the cannabis regulatory agency must use at least 5.0 FTEs to conduct in-person no-notice inspections of licensed processors, with higher priority given to inspecting those facilities that produce distillate or other concentrates and that produce the most marihuana product. These inspections shall happen quarterly and at times the facility intakes a significant amount of biomass or other raw material.

(2) The cannabis regulatory agency shall post a quarterly report of these inspections on a publicly accessible website that lists all of the following:

(a) The number of inspections and the number of investigative reports that identify suspected illegal or irregular activities of licensees as identified by the inspections.

(b) The number of complaints filed by the public with the cannabis regulatory agency concerning possible illegal or irregular activities by a licensed processor or cultivation facility regarding the production of distillate or concentrates.

(c) The number and outcome of all cannabis regulatory agency disciplinary proceedings initiated against any licensee subject to the reports in subsections (a) and (b), including if the suspected or illegal activities under subsections (a) and (b) have been referred to the department of state police or other appropriate law enforcement agencies or if any product has been recalled.

(d) For any licensee subject to disciplinary proceedings initiated by the cannabis regulatory agency under the reports in subsections (a) and (b), the cannabis regulatory agency shall post all of the following information on a publicly available website upon the closure of any investigative report:

(i) Name of the licensee.

(ii) Description of the allegation.

(iii) Complaint type (CRA inspection or public).

(iv) Process used to resolve the investigation.

(v) Name of the law enforcement agency referred to, including the date of the referral.

 

COMMISSIONS

Sec. 801. If Byrne formula grant funding is awarded to the Michigan indigent defense commission, the Michigan indigent defense commission may receive and expend Byrne formula grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from the department of state police. The Michigan indigent defense commission, created under section 5 of the Michigan indigent defense commission act, 2013 PA 93, MCL 780.985, may receive and expend federal grant funding from the United States Department of Justice in an amount not to exceed $300,000.00 as other federal grants.

 

Sec. 802. From the funds appropriated in part 1, the Michigan indigent defense commission shall submit a report by September 30 to the subcommittees, the senate and house fiscal agencies, and the state budget office 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. A grant distributed by the Michigan indigent defense commission must not be used by an indigent defense system to support any construction expenses for a new structure. This section does not prohibit expenditures for renovations to existing structures, if such a renovation is part of an indigent defense system’s approved compliance plan.

 

GRANTS

Sec. 901. (1) The department shall expend the funds appropriated in part 1 for marihuana operation and oversight grants for grants to counties for education and outreach programs relating to the Michigan medical marihuana program and the adult-use marihuana program, pursuant to section 6(l) of the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26426, and section 14 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27964. The grant funds may be generated from application and license fees authorized under section 8(1)(b) of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27958. These grants shall be distributed proportionately based on the number of registry identification cards issued to or renewed for the residents of each county that applied for a grant under subsection (2). For the purposes of this subsection, operation and oversight grants are for education, communication, and outreach regarding the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967. Grants provided under this section must not be used for law enforcement purposes.

(2) Not later than December 1, the department shall post a listing of potential grant money available to each county on its website. In addition, the department shall work collaboratively with counties regarding the availability of these grant funds. A county requesting a grant shall apply on a form developed by the department and available on its website. The form shall contain the county’s specific projected plan for use of the money and its agreement to maintain all records and to submit documentation to the department to support the use of the grant money.

(3) In order to be eligible to receive a grant under subsection (1), a county shall apply not later than January 1 and agree to report how the grant was expended and to provide that report to the department not later than September 15. The department shall submit a report not later than October 15 of the subsequent fiscal year to the state budget office, the subcommittees, and the senate and house fiscal agencies detailing the grant amounts by recipient and the reported uses of the grants in the preceding fiscal year.

 

Sec. 902. (1) The amount appropriated in part 1 for firefighter training grants shall only be expended for payments to counties to reimburse organized fire departments for firefighter training and other activities required under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.

(2) If the amount appropriated in part 1 for firefighter training grants is expended by the firefighters training council, established in section 3 of the firefighters training council act, 1966 PA 291, MCL 29.363, for payments to counties under section 14 of the firefighters training council act, 1966 PA 291, MCL 29.374, the following apply to the extent otherwise permissible by law:

(a) The amount appropriated in part 1 for firefighter training grants shall be allocated pursuant to section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374.

(b) If the amount allocated to any county under subdivision (a) is less than $5,000.00, the amounts disbursed to each county under subdivision (a) shall be adjusted to provide for a minimum payment of $5,000.00 to each county.

(3) Not later than February 1, the department shall submit a financial report to the subcommittees, the senate and house fiscal agencies, and the state budget office identifying the following information for the preceding fiscal year:

(a) The amount of the payments that would be made to each county if the distribution formula described by the first sentence of section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374, would have been utilized to allocate the total amount appropriated in part 1 for firefighter training grants.

(b) The amount of the payments approved by the firefighters training council for allocation to each county.

(c) The amount of the payments actually expended or encumbered within each county.

(d) A description of any other payments or expenditures made under the authority of the firefighters training council.

(e) The amount of payments approved for allocations to counties that was not expended or encumbered and lapsed back to the fireworks safety fund.

 

ONE-TIME APPROPRIATIONS

Sec. 1001. From the funds appropriated in part 1 for bureau of fire services – smoke detectors, the bureau of fire services must purchase and distribute sealed-battery smoke detectors to the residents of this state. The bureau of fire services may purchase smoke detectors with additional capabilities for individuals with physical or psychological conditions that require an accommodative technology.

 

Sec. 1002. (1) From the funds appropriated in part 1 for cannabis market taxation and regulatory compliance analysis pilot program, the cannabis regulatory agency must award a grant to conduct a pilot program in this state with the purpose of conducting an analysis of tax reporting, collection, and regulatory compliance within the Michigan cannabis market. The cannabis regulatory agency shall consult with the department of treasury, as needed, to improve the quality of the pilot program.

(2) The pilot program established under this section shall be for a period of 1 calendar year.

(3) When awarding a grant under this section, the cannabis regulatory agency shall consider the following qualifications:

(a) Prior experience collecting and analyzing data of this nature.

(b) Prior experience working with Michigan government agencies.

(c) Demonstrated ability of the organization to provide data that enhances the cannabis regulatory agency and the public’s understanding of the cannabis market.

(4) Not more than 90 days after the conclusion of the pilot program established under this section, the cannabis regulatory agency shall submit a report to the senate and house appropriations committees, the subcommittees, the senate and house fiscal agencies, and the state budget office that includes, but is not limited to, the following:

(a) An assessment of the current state of tax reporting, collection, and compliance by individuals and entities involved in the cannabis market in this state.

(b) Identification of and relevant statistical information regarding unreported and underreported tax revenue from cannabis-related transactions in this state.

(c) A plan of action for capturing past and future unreported and underreported tax revenue in the cannabis market.

(d) Identification of areas within the cannabis market in this state that demonstrate suspected inversion and diversion activities and other regulatory noncompliance.

(e) A plan of action for targeting areas of suspected inversion and diversion activities and regulatory noncompliance for compliance and enforcement.

(f) Identification of tax revenue from cannabis-related transactions that were previously unreported or underreported.

(g) An estimate of the costs associated with the proposed action plans.

 

Sec. 1003. From the funds appropriated in part 1 for Michigan saves, the Michigan public service commission may award a $2,500,000.00 grant to a nonprofit green bank with experience in leveraging energy-efficiency and renewable energy improvements, for the purpose of making such loans more affordable for Michigan families, businesses, and public entities. Grant funds may be used to support a loan loss reserve fund or other comparable financial instrument to further leverage private investment in clean energy improvements.

 

ARTICLE 10

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, 2023, from the following funds:

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

9.0

 

 

For Fiscal Year

Ending Sept. 30,

2023

Full-time equated classified positions

1,054.5

 

 

GROSS APPROPRIATION

 

$

347,366,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

101,800

ADJUSTED GROSS APPROPRIATION

 

$

347,264,200

Federal revenues:

 

 

 

Total federal revenues

 

 

200,364,300

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

640,000

Total other state restricted revenues

 

 

18,794,900

State general fund/general purpose

 

$

127,465,000

Sec. 102. MILITARY

 

 

 

Full-time equated unclassified positions

9.0

 

 

Full-time equated classified positions

371.0

 

 

Unclassified salaries—FTEs

9.0

$

1,702,500

Headquarters and armories—FTEs

86.0

 

21,931,200

Michigan youth challeNGe academy—FTEs

68.0

 

9,955,600

Military family relief fund

 

 

150,000

Military retirement

 

 

1,457,000

Military training sites and support facilities—FTEs

215.0

 

42,898,500

National Guard operations

 

 

300,500

National Guard tuition assistance fund—FTEs

2.0

 

6,521,900

Starbase grant

 

 

2,322,000

GROSS APPROPRIATION

 

$

87,239,200

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG - state police

 

 

101,800

Federal revenues:

 

 

 

DOD - DOA - NGB

 

 

61,224,100

Federal counternarcotics revenues

 

 

100,000

Special revenue funds:

 

 

 

Private donations

 

 

90,000

Billeting fund

 

 

1,377,600

Military family relief fund

 

 

150,000

Morale, welfare, and recreation fund

 

 

100,000

Rental fees

 

 

192,100

Test project fees

 

 

100,000

State general fund/general purpose

 

$

23,803,600

Sec. 103. MICHIGAN VETERANS AFFAIRS AGENCY

 

 

 

Full-time equated classified positions

52.0

 

 

County veteran service grants

 

$

4,250,000

Michigan veterans affairs agency administration—FTEs

44.0

 

7,590,200

Veterans service grants

 

 

4,250,000

Veterans trust fund administration—FTEs

8.0

 

1,167,600

Veterans trust fund grants

 

 

2,500,000

GROSS APPROPRIATION

 

$

19,757,800

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Private donations

 

 

10,000

Michigan veterans trust fund

 

 

3,667,600

Veterans license plate fund

 

 

50,000

State general fund/general purpose

 

$

16,030,200

For Fiscal Year

Ending Sept. 30,

2023

Sec. 104. MICHIGAN VETERANS’ FACILITY AUTHORITY

 

 

 

Full-time equated classified positions

631.5

 

 

Chesterfield Township home for veterans—FTEs

115.0

$

21,267,800

D.J. Jacobetti home for veterans—FTEs

200.0

 

25,184,600

Grand Rapids home for veterans—FTEs

298.5

 

23,506,900

Information technology services and projects

 

 

1,699,800

Michigan veteran homes administration—FTEs

18.0

 

3,432,100

Veterans cemetery

 

 

85,200

GROSS APPROPRIATION

 

$

75,176,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

USDVA - VHA

 

 

24,081,400

HHS-HCFA, Medicare, hospital insurance

 

 

1,380,900

HHS-HCFA, title XIX, Medicaid

 

 

11,089,300

Special revenue funds:

 

 

 

Private - veterans’ home post and posthumous

 

 

540,000

Income and assessments

 

 

11,597,600

State general fund/general purpose

 

$

26,487,200

Sec. 105. CAPITAL OUTLAY

 

 

 

Armory maintenance

 

$

1,000,000

Land and acquisitions

 

 

1,000,000

Special maintenance - National Guard

 

 

30,000,000

Special maintenance - veterans’ facilities

 

 

500,000

GROSS APPROPRIATION

 

$

32,500,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOD - DOA - NGB

 

 

30,000,000

Special revenue funds:

 

 

 

Michigan National Guard construction fund

 

 

1,000,000

State general fund/general purpose

 

$

1,500,000

Sec. 106. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

586,600

GROSS APPROPRIATION

 

$

586,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOD - DOA - NGB

 

 

157,600

State general fund/general purpose

 

$

429,000

Sec. 107. ONE-TIME APPROPRIATIONS

 

 

 

Armory modernization

 

$

100,000,000

Grand Rapids home for veterans transition

 

 

6,456,000

Michigan volunteer defense force

 

 

100,000

MVFA facilities transition funding

 

 

6,000,000

Selfridge Air National Guard base

 

 

6,100,000

State veterans cemetery

 

 

12,000,000

Veterans cemetery feasibility study

 

 

250,000

Veterans suicide prevention outreach

 

 

1,200,000

GROSS APPROPRIATION

 

$

132,106,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOD - DOA - NGB

 

 

60,000,000

USDVA - VHA

 

 

1,720,000

HHS-HCFA, Medicare, hospital insurance

 

 

110,000

HHS-HCFA, title XIX, Medicaid

 

 

1,000

USDVA - NCA

 

 

10,500,000

For Fiscal Year

Ending Sept. 30,

2023

Special revenue funds:

 

 

 

Income and assessments

 

$

520,000

Lease revenue

 

 

40,000

State general fund/general purpose

 

$

59,215,000

 

part 2

provisions concerning appropriations

for fiscal year 2022-2023

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 ending September 30, 2023 is $146,259,900.00 and state spending from state sources to be paid to local units of government for fiscal year ending September 30, 2023 is $4,176,000.00. 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 grants

 

$

4,039,500

Michigan veterans affairs agency administration

 

 

90,000

Military training sites and support facilities

 

 

46,500

TOTAL

 

$

4,176,000

 

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) “CENA” means competency evaluated nursing assistant.

(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) “MVAA” means the Michigan veterans affairs agency created by Executive Reorganization Order No. 2013-2, MCL 32.92.

(h) “MVFA” means the Michigan veterans’ facility authority created under section 3 of the Michigan veterans’ facility authority act, 2016 PA 560, MCL 36.103.

(i) “MVH” means the Michigan veteran homes as that term is defined in the Michigan veterans’ facility authority act, 2016 PA 560, MCL 36.102.

(j) “Subcommittees” means the subcommittees of the senate and house appropriations committees with jurisdiction over the budget of the department.

(k) “USDVA” means the United States Department of Veterans Affairs.

(l) “USDVA-NCA” means the USDVA National Cemetery Administration.

(m) “USDVA-VHA” means the USDVA Veterans Health Administration.

(n) “VSO” means veterans service organization.

(o) “Veterans’ facility” means that term as defined in section 2 of the Michigan veterans’ facility authority act, 2016 PA 560, MCL 36.102.

(p) “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 shall include transmission of reports via email to the recipients identified for each reporting requirement, and it shall include placement of reports on an internet site.

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply:

(a) 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.

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

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

 

Sec. 206. The department shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the senate or house or a member’s staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

 

Sec. 207. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the department 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 travel 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 $8,600,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,100,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $250,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 211. From the funds appropriated in part 1, the department shall provide to the department of technology, management, and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:

(a) Fiscal year-to-date expenditures by category.

(b) Fiscal year-to-date expenditures by appropriation unit.

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(d) The number of active department employees by job classification.

(e) Job specifications and wage rates.

Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the prior 2 fiscal years.

 

Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance.

 

Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $16,989,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $10,314,700.00. Total agency appropriations for retiree health care legacy costs are estimated at $6,674,600.00.

 

Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure 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. 216. (1) On a quarterly basis, the department shall report the following information:

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

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

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

(a) Number of employees that were engaged in remote work in 2022.

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

(c) Estimated net cost savings achieved by remote work.

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

 

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

 

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

 

Sec. 219. 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. 220. The department 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 appropriations committees, the subcommittees, the joint committee on administrative rules, and the senate and house fiscal agencies.

 

Sec. 221. The department shall provide biannual reports which shall provide the following data:

(a) A list of all major work projects, including a status report of each project.

(b) The department’s financial status, featuring a report of budgeted versus actual expenditures by part 1 line item including a year-end projection of budget requirements.

(c) The number of active employees at the close of the reporting period by job classification and departmental branch of service.

Sec. 222. It is the intent of the legislature that departments and agencies maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

 

Sec. 223. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.

 

Sec. 224. Sixty days prior to the public announcement of the intention to sell any department real property, the department shall submit notification of that intent to the subcommittees and the senate and house fiscal agencies.

 

Sec. 225. The department shall report to the subcommittees tentative plans for the required payment of any court judgment against the department, as soon as those plans are developed. The report must include, but is not limited to, all of the following information:

(a) A listing of all known court judgments that would result in a financial obligation for the department.

(b) The amount of time in which each of those financial obligations must be met.

(c) The proposed budget line items from which a payment for a court judgment of $100,000.00 or more would be made.

(d) The estimated impact of the loss of revenue on the programs funded by the line items from which payments would be made.

 

Sec. 226. Except as otherwise provided under this part, any report required to be provided by the department or agencies appropriated funds in part 1 shall be provided to the subcommittees, the senate and house fiscal agencies, and the state budget office.

 

Sec. 227. (1) From the funds appropriated in part 1, the department and agencies that receive funding shall do all of the following:

(a) Report any amounts of severance pay for a department or agency director, deputy director, or other high-ranking department or agency official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

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

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

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 228. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

Sec. 229. The department shall provide annually to the subcommittees and the senate and house fiscal agencies its updated departmental strategic plan.

 

MILITARY

Sec. 301. (1) The department shall report to the subcommittees and house and senate fiscal agencies by September 30 a list of the current unclassified positions, which shall include the official titles and responsibilities of each position.

(2) Upon the department being granted a request for an additional unclassified employee position from the civil service commission, or for any substantive changes to the duties of an existing unclassified employee position, the department shall notify the subcommittees and the senate and house fiscal agencies within 15 days.

 

Sec. 302. (1) From the funds appropriated in part 1 for military operations, effective and efficient executive direction and administrative leadership shall be provided to the department.

(2) The department shall operate and maintain National Guard armories.

(3) The department shall evaluate armories and submit a report biannually, on the status of the armories.

(4) The department shall maintain a system to measure the condition and adequacy of the armories.

(5) The Michigan Army National Guard and Air National Guard shall work to provide a culture that is free of sexual assault, through an environment of prevention, education and training, response capability, victim support, reporting procedures, and appropriate accountability that enhances the safety and well-being of all guard members.

(6) By December 1, the department shall report the following information:

(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 Michigan youth challeNGe academy to graduate at least the target number of graduates consistent with the state’s cooperative agreement with the National Guard Bureau regarding program operations.

(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 a report biannually on the revenues, expenditures, and fund balance of the Michigan military family relief fund. Expenditures must be itemized by purpose, including, but not limited to, for advertising and assistance grants. This report shall also include information on the number of applications for assistance received, approved, and denied.

(2) From the funds appropriated in part 1, the department shall provide sufficient staffing and other resources to provide outreach to the Michigan families of members of the reserve component of the Armed Forces of the United States called into active duty and to support the processing and approval of grant applications for this fiscal year under the Michigan military relief fund and report those applications biannually.

 

Sec. 305. (1) The department shall provide Army and Air National Guard forces, when directed, for state and local emergencies and in support of national military requirements.

(2) The department shall operate and maintain Army National Guard training facilities, including Fort Custer and Camp Grayling.

(3) The department shall maintain a system that measures the condition and adequacy of air facilities using both quality and functionality criteria.

(4) The department shall operate and maintain Air National Guard air bases, including Selfridge Air National Guard base, Battle Creek Air National Guard base, and Alpena combat readiness training center.

(5) The department shall provide the following information biannually:

(a) The apportioned and assigned strength of the Michigan Army National Guard.

(b) The apportioned and assigned strength of the Michigan Air National Guard.

(c) Recruiting, retention, and attrition data, including measurement against stated performance goals, for the Michigan Army National Guard.

(d) Recruiting, retention, and attrition data, including measurement against stated performance goals, for the Michigan Air National Guard.

 

Sec. 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 by December 15 of operations and expenditures regarding the billeting fund account for the prior fiscal year.

 

Sec. 307. (1) The department shall maintain a National Guard tuition assistance program under section 3 of the Michigan national guard tuition assistance act, 2014 PA 259, MCL 32.433, for eligible persons as defined in section 2 of the Michigan national guard tuition assistance act, 2014 PA 259, MCL 32.432.

(2) The objective of the National Guard tuition assistance program is to bolster military readiness by increasing recruitment and retention of Michigan Army and Air National Guard 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 guard 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 guard members who have received a credential or are still enrolled in the Michigan National Guard tuition assistance program after their initial term of enlistment. To evaluate the effectiveness of the program, the department shall monitor the number of new recruits and new reenlistments and the percentage of those who become participants in the program to determine whether the percentage of authorized Michigan Army and Air National Guard strength obtained and retained is competitive in comparison with the neighboring army and air national guards from Illinois, Indiana, Ohio, and Wisconsin.

(4) Not later than March 1, the department shall provide a report on the Michigan National Guard tuition assistance program. The report shall include the following information for the prior fiscal year:

(a) The number of guard members receiving tuition assistance.

(b) Where those guard members received education or training under the program.

(c) The total amount of financial assistance received by each educational institution.

(d) The total funds expended on the program for financial assistance.

(e) The total funds expended on the program for administrative costs of the department.

(f) The total number of applications for tuition assistance denied.

(g) A list of any educational and training programs removed from eligibility and the rationale for their removal.

(h) An explanation of any identified barriers to the successful utilization of the program, or other unmet needs of the program and applicable proposals for legislative action to address those barriers and needs.

(5) The general fund/general purpose funds appropriated in part 1 for the National Guard tuition assistance fund shall be deposited into 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.

 

Sec. 309. There is created and established under the jurisdiction and control of the department a revolving account to be known as the test project fees account. All of the fees and other revenues generated from the operation of the test project program shall be deposited in the test project fees fund account. Funds in the account shall be available for expenditure for the support of program operations as appropriated in part 1. Money remaining in the account at the end of the year shall not lapse and shall carry forward to the subsequent fiscal year.

 

Sec. 310. The morale, welfare, and recreation fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. The department shall be the administrator of the fund for auditing purposes. All of the fees and other revenues generated from the operation of the morale, welfare, and recreation program shall be deposited in the morale, welfare, and recreation fund account. Money in the fund shall be available for expenditure for the support of program operations as appropriated in part 1. Money remaining in the fund at the end of the year shall not lapse and shall carry forward to the subsequent fiscal year.

 

Sec. 311. There is created and established under the jurisdiction and control of the department a revolving account to be known as the rental fees account. All of the fees and other revenues generated from the operation of the rental fees program shall be deposited in the rental fees fund account. Money in the account shall be available for expenditure for the support of program operations as appropriated in part 1. Money remaining in the account at the end of the year shall not lapse and shall carry forward to the subsequent fiscal year.

 

Sec. 312. (1) The department shall maintain the guidelines established under section 251(5) of the Michigan military act, 1967 PA 150, MCL 32.651, for membership goals in the Michigan volunteer defense force and take all steps necessary to carry out and implement those guidelines.

(2) The department shall provide annually to the subcommittees and house and senate fiscal agencies by February 1 the report required under section 251(7) of the Michigan military act, 1967 PA 150, MCL 32.651.

 

Sec. 313. On or before December 1, the department shall submit a report on the number of COVID-19 vaccine waiver requests submitted by guard members for the fiscal year ending September 30, 2021 and the fiscal year ending September 30, 2022, as of October 1, 2022. The report must include the following information:

(a) The number of vaccine waiver requests received.

(b) The number of outstanding vaccine waiver requests.

(c) The reasons stated for the vaccine waiver requests.

(d) The number of vaccine waivers denied.

(e) The number of appeals filed.

(f) The number of appeals denied.

 

Sec. 314. On a quarterly basis, the department shall provide a report of the following information:

(a) The average number of days it takes to process retirement requests submitted by members of the National Guard.

(b) The number of retirement requests submitted by members of the National Guard for which the process time exceeds 120 days.

MICHIGAN VETERANS AFFAIRS AGENCY

Sec. 404. (1) Money privately donated to the department for the Michigan veterans affairs agency administration in excess of the appropriation in part 1 is appropriated and may be used for the benefit and life enrichment of veterans and for the purpose designated by the private source, if specified and in compliance with this section.

(2) The department must submit a report quarterly that provides the amount of private donations received by the department for the Michigan veterans affairs agency administration and the purpose for which the funds will be expended, if known. In addition to the quarterly report required under this subsection, if a donation described under this section is $10,000.00 or greater, the department must submit a report within 14 calendar days after receiving that donation providing the amount of the donation and the purpose for which the funds will be expended, if known.

 

Sec. 405. (1) The MVAA shall provide a report biannually on the financial status of the Michigan veterans’ trust fund, including the number and amount of emergency grants, state operating and administrative expenses, and county administrative expenses.

(2) The Michigan veterans’ trust fund board together with the 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.

(3) No later than February 1, the MVAA shall provide a detailed report of the Michigan veterans’ trust fund that includes, for the prior fiscal year, information on grants provided from the emergency grant program, including details concerning the methodology of allocations, the selection of emergency grant program authorized agents, a description of how the emergency grant program is administered in each county, and a detailed breakdown of trust fund expenditures for that year, including the amount distributed to each county for operating costs, administrative costs and emergency grants. The report shall also include the number of approved applications, by category of assistance, and the number of denied applications, by reason of denial. The report shall also provide an update on the department’s efforts to reduce program administrative costs and maintain the Michigan veterans’ trust fund corpus at or above its original amount of at least $50,000,000.00.

 

Sec. 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.

(2) The MVAA shall also do the following:

(a) Develop and operate an outreach program that communicates benefit eligibility information to at least 50% of Michigan’s population of veterans, as assessed by annual census estimates, with a goal of reaching 100% and enabling 100% to access benefit information online.

(b) Communicate veteran benefit information pertaining to the Michigan military family relief fund, Michigan veterans’ trust fund, and USDVA health, financial, and memorial benefits to which veterans are entitled.

(c) Fulfill requests for military discharge certificates (DD-214) upon request.

(d) Provide a report annually providing, to the extent known, data on the estimated number of homeless veterans, by county, in this state.

(e) Provide a report annually on the percentage of Michigan veterans contacted through its outreach programs, with a goal of 90%, and report that percentage to the subcommittees biannually on the status of outreach.

 

Sec. 408. From the funds appropriated in part 1, the MVAA shall provide for the regional coordination of services, as follows:

(a) The MVAA shall coordinate with veteran benefit counselors throughout a specified region.

(b) The MVAA shall coordinate services with the department of health and human services and the department of corrections.

(c) The MVAA shall coordinate with regional workforce and economic development agencies.

(d) The MVAA shall coordinate activities among local foundations, nonprofit organizations, and community groups to improve accessibility, enrollment, and utilization of the array of health care, education, employment assistance, and quality of life services provided at the local level.

(e) The MVAA may work with MVAA service officers, county veteran counselors, VSO service officers, and other service providers to incorporate the provision of information relating to mental health care resources into their daily operations to aid veterans in understanding the mental health care support services they may be eligible to receive.

(f) The MVAA shall coordinate with the department of health and human services to identify Medicaid recipients who are veterans and who may be eligible for federal veterans health care benefits or other benefits, to the extent that the identification does not violate applicable confidentiality requirements.

(g) The MVAA shall collaborate with the department of corrections to create and maintain a process by which prisoners can obtain a copy of their DD-214 form or other military discharge documentation if necessary.

(h) The MVAA shall ensure that all MVAA service officers and VSO service officers receive appropriate training in processing applications for benefits payable to veterans due to military sexual trauma, post-traumatic stress disorder, depression, anxiety, substance abuse, or other mental health issues.

 

Sec. 410. (1) 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 both of the following:

(a) Report biannually on the number of benefit claims, by type, submitted to the USDVA by MVAA.

(b) Maintain the staffing and resources necessary to process a minimum of 500 claims per year.

(2) The MVAA shall develop and implement a process to ensure that all county counselors receive the training and accreditation necessary to provide quality services to veterans and shall report information biannually on the number and percentage of county veterans counselors trained by the MVAA, and the number and percentage who received funding from the MVAA to attend training, with an overall goal of 100% of county veterans counselors trained.

(3) 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. 411. (1) From the funds appropriated in part 1 for veterans service grants, the MVAA shall establish, administer, and award competitive grants to 1 or more congressionally chartered veterans service organizations or a coalition of those organizations. Grants shall be used to support efforts to connect veterans and their dependents with federal compensation and pension benefits and state veterans’ benefits, including emergency grants through the Michigan veterans’ trust fund and other local or nonproject assistance that may be available to veterans and their dependents. The competitive grant process shall include all of the following:

(a) Using a regional service delivery model to ensure that veterans and their dependents in this state, including those within tribal communities, are provided with services, advocacy, and outreach as close to the communities in which they live as possible.

(b) Ensure that grantees are providing adequate veteran services and advocacy, through in-person and virtual meetings, that enables the organization to meet performance goals established in the grant agreement.

(c) Foster innovative and transformative approaches and techniques for the grantee to use when providing services, advocacy, and outreach for veterans and their dependents.

(d) Require grantees to use an MVAA-designated internet-based claims data system to manage caseloads. License fees associated with the claims data system described in this subdivision are considered an allowable expenditure and may be reimbursed with grant funds.

(e) A provision that requires grantees, in coordination with the MVAA, to provide services to incarcerated veterans who are within 1 year of their earliest release date.

(f) Ensure that each grantee is issued performance goals.

(g) Ensure that each grantee expends grant awards as prescribed in the grant agreement.

(h) Require each grantee to report not less than quarterly on all of the following:

(i) An accounting for all grant fund expenditures.

(ii) The number and type of claims originated and submitted by the grantee to the USDVA.

(iii) The number and type of claims originated by an organization other than the grantee and submitted by the grantee to the USDVA.

(iv) The services provided to veterans and their dependents.

(v) Progress in achieving monthly performance benchmark goals.

(i) Ensure that each grantee is issued monthly performance benchmark goals that each grantee must aim to achieve and require each grantee to report to the MVAA, in order to ensure that benchmark goals are being achieved, or on target to be achieved, in the fiscal year.

(2) The MVAA shall do all of the following:

(a) Follow all generally accepted accounting principles in accordance with sections 141 and 485 of the management and budget act, 1984 PA 431, MCL 18.1141 and 18.1485.

(b) When establishing, modifying, or amending the competitive grant process described in subsection (1), consult and collaborate with congressionally chartered veterans service organizations in the state, or a coalition of those organizations, and other stakeholders to ensure a comprehensive approach to providing services, advocacy, and outreach to veterans and their dependents.

(c) Provide notice to current grantees of any MVAA-proposed modifications or amendments to the competitive grant process and provide those grantees with an opportunity to respond through written communication.

(d) Assess the accuracy rate of claims reported by grantees.

(e) Review and audit grantees’ expenditure of grant funds to ensure compliance with the grant agreement, as provided under section 470 of the management and budget act, 1984 PA 431, MCL 18.1470.

(3) By March 1, the MVAA shall provide a report summarizing grant activities for the prior fiscal year, including the amount of expenditures, number of service and advocacy hours, number of claims for benefits submitted by type of claim, and other information deemed appropriate by the MVAA.

 

Sec. 412. (1) The department shall enter into an interagency agreement in cooperation with the department of health and human services in order to 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. The interagency agreement shall include the specific outcome and performance reporting requirements described in this section. The interagency agreement shall require the department to provide all of the following items by January 1 for the current fiscal year to the subcommittees, the senate and house fiscal agencies, and the policy offices:

(a) The number of veterans identified by the department of health and human services through eligibility determinations.

(b) The number of veterans referred to the department.

(c) The number of referrals made by the department of health and human services that were contacted by the department.

(d) The number of referrals made to the department that were eligible for veterans health care benefits or other benefits.

(e) The specific actions and efforts undertaken by the department of health and human services and the department to identify female veterans who are applying for public assistance benefits, but who are eligible for veterans benefits.

(2) By October 1 of the current fiscal year, the department of health and human services shall change the public assistance application form from asking whether the prospective applicant was a veteran to asking whether the applicant had ever served in the military.

(3) This section does not prohibit the department from entering into interagency agreements with any other public department or agency in this state in order to obtain the information detailed in subsection (1).

 

Sec. 413. (1) From the funds appropriated in part 1 for county veteran service grants, $4,177,900.00 shall be deposited to the restricted county veteran service fund created in section 3a of 1953 PA 192, MCL 35.623a. All funds in the restricted county veteran service fund are appropriated and available for expenditure to support county veteran service grants.

(2) From the funds deposited under subsection (1) to the restricted county veteran service fund, $210,500.00 shall be allocated to the MVAA to be used to cover costs associated with administering and providing technical assistance to counties for this grant program.

(3) From the funds appropriated in part 1 for county veteran service grants, the MVAA shall allocate $72,100.00 to a county with a population between 30,000 and 31,000 according to the most recent federal decennial census for allowable expenditures related to county veteran service operations.

(4) The MVAA shall provide a report by December 15 that includes the following:

(a) A list of counties that received a grant under this section in the prior fiscal year.

(b) The total amount of grant funding each county received in the prior fiscal year including any amount of funding provided under the emergent need relief program pursuant to section 3a(10) of 1953 PA 192, MCL 35.623a.

(c) A summary of each county’s expenditures of grant funding.

(d) The amount of any unexpended grant funding disbursed to the counties that has been recovered and returned to the county veteran service fund.

(e) The balance of the county veteran service fund after the prior fiscal year-end book closing.

(f) A list of counties that have requested funds in the current fiscal year, the amount requested by each county, and the total of these amounts.

(g) A list of counties that did not request funds in the current fiscal year.

(h) The amount of any funds recovered by the MVAA through the MVAA’s finding of misused grant funds.

(i) An explanation of any obstacles or reasons for counties not applying for or spending their eligible amount of grant funding.

MICHIGAN VETERANS facility authority

Sec. 451. (1) Money privately donated to the MVH, the MVFA, or a veterans’ facility in excess of the appropriation in part 1 is appropriated and may be used for the benefit and life enrichment of veterans and for the purpose designated by the private source, if specified and in compliance with this section.

(2) The MVH must submit a report quarterly that provides the amount of the private donations described under subsection (1) and the purpose for which the funds will be expended, if known. In addition to the quarterly report required under this subsection, if the MVH, the MVFA, or a veterans’ facility receives a private donation that is $10,000.00 or greater, the MVH must submit a report within 14 calendar days after receiving that donation providing the amount of the donation and the purpose for which the funds are to be expended, if known.

 

Sec. 452. (1) The MVH and the MVFA shall provide compassionate and quality nursing and domiciliary care services at each veterans’ facility in this state so that resident members can achieve their highest potential of wellness, independence, self-worth, and dignity.

(2) From the funds appropriated in part 1, the MVFA and the MVH shall provide nursing care services to veterans in accordance with federal standards and report the results of the annual USDVA survey and certification as proof of compliance.

(3) Appropriations in part 1 for a veterans’ facility shall not be used for any purpose other than expenses related to the operations of the veterans’ facility, resident members, and their families.

 

Sec. 453. Any contractor providing mental health services to a veterans’ facility 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.

 

Sec. 454. Any contractor providing CENAs to a veterans’ facility shall ensure all of the following:

(a) That each CENA has at least 8 hours of training on information provided by the veterans’ facility.

(b) That each CENA has at least one 8-hour shift of shadowing at the veterans’ facility.

(c) That each CENA is competent in the basic skills needed to perform his or her assigned duties at the veterans’ facility.

(d) That each CENA is provided at least 12 hours of in-service training once that individual has been assigned to the veterans’ facility.

 

Sec. 456. (1) All complaints of abusive or neglectful care at a veterans’ facility by a resident member, a resident member’s family or legal guardian, or staff of the veterans’ facility 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 MVFA may specify a more frequent reporting period to the home administrator, MVFA, 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 a veterans’ facility.

(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.

(2) The process by which visitors, resident members, and staff of the veterans’ facility may register complaints shall be displayed in high-traffic areas throughout the veterans’ facility.

 

Sec. 458. The MVH shall do the following regarding member care:

(a) 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.

(b) Provide all resident members and staff a safe and secure environment.

(c) Ensure that the veterans’ facility effectively develops, executes, and monitors all comprehensive care plans in accordance with federal regulations and the veterans’ facility’s internal policies, with a goal that a comprehensive care plan is fully developed for all resident members.

 

Sec. 460. The MVH shall establish and implement internal controls regarding all of the following:

(a) The use and management of food, maintenance, and pharmaceutical and medical supply inventories.

(b) Calculating resident member maintenance assessments in order to accurately calculate resident member maintenance assessments for each billing cycle and ensure that all past due resident member maintenance assessments are addressed within 30 days.

(c) Monetary donations and donated goods.

(d) The handling of resident member funds to ensure the release of funds within 15 calendar days upon the resident member leaving the home and to ensure that a representative of a resident member is provided a full accounting of that resident member’s funds within 30 calendar days after the death of that resident member.

 

Sec. 461. (1) The MVH shall post on its website the following:

(a) All policies adopted by the MVFA and the veterans’ facility related to the administrative operations of the veterans’ facility.

(b) The agenda and minutes of public meetings of the MVFA board.

(2) The MVH shall provide a report with copies of each veterans’ facility’s USDVA State Veteran Home quarterly report. These quarterly reports shall also be posted on the MVH website.

(3) The MVH shall provide biannual reports regarding the number of resident members residing in each veterans’ facility and the status of Centers for Medicare and Medicaid certification efforts, including, but not limited to, descriptions of incremental milestones, associated expenditures, and the percentage of plan completed until such time certification has been achieved and reported.

(4) The MVH shall provide a report on the results of any annual or for-cause survey conducted by any entity with oversight over the veterans’ facility and any corresponding corrective action plan. This information shall also be made available publicly through the MVH website.

 

Sec. 462. The MVH shall ensure that the quality of care for resident members of each veterans’ facility meets or exceeds the quality of care for the full spectrum of health care services to meet or exceed the Centers for Medicare and Medicaid Services certification standards. The MVH shall provide a report biannually to the subcommittees that contains evidence that the quality of care for the full spectrum of health care services has met or exceeded Centers for Medicare and Medicaid Services certification standards.

 

Sec. 463. In addition to the funds appropriated in part 1, private revenues held by the MVH on a nonfiduciary basis for a resident member of a veterans’ facility are appropriated to pay medical expenses, member assessments, and other expenses incurred by that resident member. Any unexpended or unencumbered private revenues held on a nonfiduciary basis by the MVH at the close of the fiscal year shall not lapse to the general fund but shall be carried forward into the subsequent year.

 

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 biannually.

 

Sec. 502. (1) 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.

(2) The department shall provide a report biannually providing information on the status, projected costs, and projected completion date of current and planned special maintenance projects at the armories and other National Guard facilities funded from capital outlay appropriations made in part 1 and in prior appropriations years.

 

Sec. 503. (1) The appropriations for special maintenance – veterans’ facility shall be expended in accordance with the requirements of section 452 of this part and shall be expended according to the maintenance priorities of the MVFA to repair and modernize the state’s veterans’ facility, which may include physical plant expansions, renovations, or enhancements, and other projects designed to enhance the quality of life and medical care of resident members.

(2) The MVH shall provide a report biannually providing information on the status, projected costs, and projected completion date of current and planned special maintenance projects at each veterans’ facility funded from capital outlay appropriations made in part 1 and in prior appropriations years.

 

Sec. 504. The appropriations for armory maintenance shall be expended in accordance with the requirements of sections 302 and 305 of this part and shall be expended according to the maintenance priorities of the department to repair and modernize military training sites and support facilities, including armories.

ONE-TIME APPROPRIATIONS

Sec. 601. (1) From the funds appropriated in part 1 for state veterans cemetery, the department shall expend those funds, as authorized by law, for 1 or more of only the following purposes:

(a) Acquiring and purchasing land in a county with a population of not less than 12,985 and not greater than 13,000 according to the most recent federal decennial census that is suitable for a state veterans cemetery.

(b) Designating land owned by this state under the jurisdiction of the department in a county with a population of not less than 12,985 and not greater than 13,000 according to the most recent federal decennial census as a state veterans cemetery.

(c) Applying for and accepting all grants available under 38 USC 2408.

(d) Cemetery design or engineering plans, or both, and any necessary environmental impact studies prescribed by law.

(e) Necessary expenses to qualify for federal grants under 38 USC 2408.

(f) Preparing the land that is acquired or purchased for a state veterans cemetery or designated as a state veterans cemetery for operational use.

(g) Ongoing expenses related to the operation of a state veterans cemetery.

(2) The unexpended funds appropriated in part 1 for state veterans cemetery 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 create a state veterans cemetery in a county with a population of not less than 12,985 and not greater than 13,000.

(b) The project will be accomplished by state employees, contract, or both.

(c) The total estimated cost of the project is $12,000,000.00.

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

 

Sec. 602. The MVFA shall provide a report by January 1 that provides a detailed strategy, action plan, and timeline for the MVFA to transition this state’s veterans’ facilities to be fully supported by federal and state restricted revenues and to not require state general fund/general purpose revenue.

 

Sec. 603. The unexpended funds appropriated in part 1 for veterans suicide prevention outreach 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 outreach to prevent suicide among service members, veterans, and their families.

(b) The project will be accomplished by contract.

(c) The total estimated cost of the project is $1,200,000.00.

(d) The tentative completion date is September 30, 2026.

 

ARTICLE 11

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, 2023, from the following funds:

DEPARTMENT OF NATURAL RESOURCES

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

2,412.8

 

 

GROSS APPROPRIATION

 

$

535,482,800

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

203,100

ADJUSTED GROSS APPROPRIATION

 

$

535,279,700

For Fiscal Year

Ending Sept. 30,

2023

Federal revenues:

 

 

 

Total federal revenues

 

$

93,630,000

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

7,039,200

Total other state restricted revenues

 

 

340,206,500

State general fund/general purpose

 

$

94,404,000

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

141.1

 

 

Unclassified salaries—FTEs

6.0

$

900,500

Accounting service center

 

 

1,505,100

Executive direction—FTEs

11.6

 

2,307,900

Finance and operations—FTEs

105.5

 

17,568,800

Gifts and pass-through transactions

 

 

5,003,600

Legal services—FTEs

4.0

 

693,500

Minerals Management—FTEs

20.0

 

3,032,200

Natural resources commission

 

 

77,100

Property management

 

 

4,334,300

GROSS APPROPRIATION

 

$

35,423,000

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG, land acquisition services-to-work orders

 

 

203,100

Federal revenues:

 

 

 

Federal funds

 

 

365,400

Special revenue funds:

 

 

 

Private funds

 

 

5,003,600

Deer habitat reserve

 

 

162,900

Forest development fund

 

 

3,207,900

Forest land user charges

 

 

7,800

Forest recreation account

 

 

54,100

Game and fish protection fund

 

 

7,941,100

Land exchange facilitation and management fund

 

 

4,549,700

Local public recreation facilities fund

 

 

211,500

Marine safety fund

 

 

845,600

Michigan natural resources trust fund

 

 

1,416,700

Michigan state parks endowment fund

 

 

4,290,700

Michigan state waterways fund

 

 

877,300

Nongame wildlife fund

 

 

13,800

Off-road vehicle safety education fund

 

 

700

Off-road vehicle trail improvement fund

 

 

241,200

Park improvement fund

 

 

1,968,600

Public use and replacement deed fees

 

 

29,500

Recreation improvement account

 

 

85,700

Snowmobile registration fee revenue

 

 

50,300

Snowmobile trail improvement fund

 

 

127,900

Sportsmen against hunger fund

 

 

500

Turkey permit fees

 

 

80,000

Waterfowl fees

 

 

3,400

Wildlife resource protection fund

 

 

43,600

State general fund/general purpose

 

$

3,640,400

Sec. 103. DEPARTMENT INITIATIVES

 

 

 

Full-time equated classified positions

13.0

 

 

Great Lakes restoration initiative

 

$

2,905,300

For Fiscal Year

Ending Sept. 30,

2023

Invasive species prevention and control—FTEs

13.0

$

5,101,600

GROSS APPROPRIATION

 

$

8,006,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

2,905,300

State general fund/general purpose

 

$

5,101,600

Sec. 104. COMMUNICATION AND CUSTOMER SERVICES

 

 

 

Full-time equated classified positions

137.3

 

 

Marketing and outreach—FTEs

80.8

$

15,526,400

Michigan historical center—FTEs

56.5

 

8,212,600

Michigan wildlife council campaign management

 

 

80,000

Michigan wildlife council media

 

 

936,000

Michigan wildlife council messaging and implementation

 

 

448,000

Michigan wildlife council research

 

 

136,000

GROSS APPROPRIATION

 

$

25,339,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

2,501,800

State park improvement, federal

 

 

320,000

Special revenue funds:

 

 

 

Forest development fund

 

 

167,700

Forest recreation account

 

 

17,800

Game and fish protection fund

 

 

9,099,900

Land exchange facilitation and management fund

 

 

50,000

Marine safety fund

 

 

38,100

Michigan historical center operations fund

 

 

1,217,500

Michigan state parks endowment fund

 

 

116,200

Michigan state waterways fund

 

 

159,200

Nongame wildlife fund

 

 

11,200

Off-road vehicle trail improvement fund

 

 

115,000

Park improvement fund

 

 

3,587,800

Recreation passport fees

 

 

640,400

Snowmobile registration fee revenue

 

 

20,600

Snowmobile trail improvement fund

 

 

102,100

Sportsmen against hunger fund

 

 

250,000

Wildlife management public education fund

 

 

1,600,000

Youth hunting and fishing education and outreach fund

 

 

49,400

State general fund/general purpose

 

$

5,274,300

Sec. 105. WILDLIFE MANAGEMENT

 

 

 

Full-time equated classified positions

230.5

 

 

Natural resources heritage—FTEs

9.0

$

645,300

Wildlife management—FTEs

221.5

 

46,896,200

GROSS APPROPRIATION

 

$

47,541,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

26,207,600

Special revenue funds:

 

 

 

Private funds

 

 

315,700

Cervidae licensing and inspection fees

 

 

85,100

Deer habitat reserve

 

 

1,783,900

Forest development fund

 

 

277,600

Game and fish protection fund

 

 

12,605,500

Nongame wildlife fund

 

 

440,000

Pheasant hunting license fees

 

 

100,000

For Fiscal Year

Ending Sept. 30,

2023

Turkey permit fees

 

$

1,055,000

Waterfowl fees

 

 

114,100

State general fund/general purpose

 

$

4,557,000

Sec. 106. FISHERIES MANAGEMENT

 

 

 

Full-time equated classified positions

227.5

 

 

Aquatic resource mitigation—FTEs

2.0

$

636,000

Fish production—FTEs

63.0

 

10,736,800

Fisheries resource management—FTEs

162.5

 

23,076,600

GROSS APPROPRIATION

 

$

34,449,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

11,877,800

Special revenue funds:

 

 

 

Private funds

 

 

136,700

Fisheries settlement

 

 

635,900

Game and fish protection fund

 

 

20,593,900

Invasive species fund

 

 

100

State general fund/general purpose

 

$

1,205,000

Sec. 107. LAW ENFORCEMENT

 

 

 

Full-time equated classified positions

293.0

 

 

General law enforcement—FTEs

293.0

$

47,253,700

Body cameras for conservation officers

 

 

600,000

GROSS APPROPRIATION

 

$

47,853,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

6,921,000

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

 

 

20,928,900

Marine safety fund

 

 

1,358,200

Michigan state parks endowment fund

 

 

71,400

Michigan state waterways fund

 

 

21,700

Off-road vehicle safety education fund

 

 

166,900

Off-road vehicle trail improvement fund

 

 

2,788,000

Park improvement fund

 

 

72,800

Snowmobile registration fee revenue

 

 

725,300

Snowmobile trail improvement fund

 

 

400

Wildlife resource protection fund

 

 

1,121,100

State general fund/general purpose

 

$

13,506,400

Sec. 108. PARKS AND RECREATION DIVISION

 

 

 

Full-time equated classified positions

1,033.9

 

 

Forest recreation and trails—FTEs

74.9

$

9,145,400

MacMullan Conference Center—FTEs

15.0

 

1,226,100

Michigan conservation corps

 

 

934,400

Recreational boating—FTEs

179.6

 

22,967,000

State parks—FTEs

764.4

 

93,963,600

State parks improvement revenue bonds - debt service

 

 

0

GROSS APPROPRIATION

 

$

128,236,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

144,700

Michigan state waterways fund, federal

 

 

1,698,100

For Fiscal Year

Ending Sept. 30,

2023

Special revenue funds:

 

 

 

Private funds

 

$

428,300

Forest recreation account

 

 

3,846,200

Game and fish protection fund

 

 

1,600

MacMullan Conference Center account

 

 

1,226,100

Michigan state parks endowment fund

 

 

11,427,500

Michigan state waterways fund

 

 

21,252,300

Off-road vehicle safety education fund

 

 

7,700

Off-road vehicle trail improvement fund

 

 

2,198,000

Park improvement fund

 

 

77,655,600

Park improvement fund, Belle Isle subaccount

 

 

1,201,800

Pure Michigan trails fund

 

 

100

Recreation improvement account

 

 

577,300

Recreation passport fees

 

 

220,300

Snowmobile registration fee revenue

 

 

16,700

Snowmobile trail improvement fund

 

 

1,982,400

State general fund/general purpose

 

$

4,351,800

Sec. 109. MACKINAC ISLAND STATE PARK COMMISSION

 

 

 

Full-time equated classified positions

17.0

 

 

Historical facilities system—FTEs

13.0

$

1,887,300

Mackinac Island State Park operations—FTEs

4.0

 

340,300

GROSS APPROPRIATION

 

$

2,227,600

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Mackinac Island State Park fund

 

 

1,674,200

Mackinac Island State Park operation fund

 

 

134,400

State general fund/general purpose

 

$

419,000

Sec. 110. FOREST RESOURCES DIVISION

 

 

 

Full-time equated classified positions

319.5

 

 

Adopt-a-forest program

 

$

25,000

Cooperative resource programs—FTEs

11.0

 

1,633,100

Forest fire equipment

 

 

931,500

Forest management and timber market development—FTEs

185.0

 

44,532,400

Forest management initiatives—FTEs

8.5

 

929,000

Wildfire protection—FTEs

115.0

 

16,084,400

GROSS APPROPRIATION

 

$

64,135,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

3,451,300

Federal national forest timber fund

 

 

9,087,300

Special revenue funds:

 

 

 

Private funds

 

 

1,054,900

Commercial forest fund

 

 

26,200

Fire equipment fund

 

 

668,700

Forest development fund

 

 

41,058,500

Forest land user charges

 

 

241,200

Game and fish protection fund

 

 

812,000

Michigan state waterways fund

 

 

54,100

State general fund/general purpose

 

$

7,681,200

Sec. 111. GRANTS

 

 

 

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

For Fiscal Year

Ending Sept. 30,

2023

Federal - land and water conservation fund payments

 

$

13,000,000

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

 

 

3,907,300

Nonmotorized trail development and maintenance grants

 

 

200,000

Off-road vehicle safety training grants

 

 

60,000

Off-road vehicle trail improvement grants

 

 

6,415,500

Recreation improvement fund grants

 

 

916,800

Recreation passport local grants

 

 

2,000,000

Snowmobile law enforcement grants

 

 

380,100

Snowmobile local grants program

 

 

8,090,400

Trail easements

 

 

2,200,000

Wildlife habitat improvement grants

 

 

1,502,500

GROSS APPROPRIATION

 

$

50,697,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

25,624,700

Special revenue funds:

 

 

 

Private funds

 

 

100,000

Deer habitat reserve

 

 

200,000

Game and fish protection fund

 

 

2,752,500

Local public recreation facilities fund

 

 

2,000,000

Marine safety fund

 

 

1,407,300

Off-road vehicle safety education fund

 

 

60,000

Off-road vehicle trail improvement fund

 

 

6,415,500

Permanent snowmobile trail easement fund

 

 

2,200,000

Recreation improvement account

 

 

916,800

Snowmobile registration fee revenue

 

 

380,100

Snowmobile trail improvement fund

 

 

8,090,400

State general fund/general purpose

 

$

550,000

Sec. 112. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

10,562,500

GROSS APPROPRIATION

 

$

10,562,500

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Commercial forest fund

 

 

2,100

Deer habitat reserve

 

 

61,600

Forest development fund

 

 

1,539,500

Forest land user charges

 

 

23,900

Forest recreation account

 

 

42,400

Game and fish protection fund

 

 

3,857,400

Land exchange facilitation and management fund

 

 

30,600

Marine safety fund

 

 

163,600

Michigan natural resources trust fund

 

 

22,300

Michigan state parks endowment fund

 

 

1,336,000

Michigan state waterways fund

 

 

502,500

Nongame wildlife fund

 

 

30,500

Off-road vehicle safety education fund

 

 

10,400

Off-road vehicle trail improvement fund

 

 

24,300

Park improvement fund

 

 

1,464,900

Pure Michigan trails fund

 

 

100

For Fiscal Year

Ending Sept. 30,

2023

Recreation improvement account

 

$

49,200

Snowmobile registration fee revenue

 

 

11,600

Snowmobile trail improvement fund

 

 

75,500

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 fund

 

 

2,000

State general fund/general purpose

 

$

1,232,300

Sec. 113. CAPITAL OUTLAY

 

 

 

(1) RECREATIONAL LANDS AND INFRASTRUCTURE

 

 

 

State parks repair and maintenance

 

$

19,200,000

State game and wildlife area infrastructure

 

 

1,400,000

Wetland restoration, enhancement and acquisition

 

 

1,000,000

GROSS APPROPRIATION

 

$

21,600,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

1,050,000

Special revenue funds:

 

 

 

Game and fish protection fund

 

 

350,000

Michigan state parks endowment fund

 

 

4,500,000

Recreation passport fees

 

 

13,200,000

Waterfowl hunt stamp

 

 

1,000,000

State general fund/general purpose

 

$

1,500,000

(2) WATERWAYS BOATING PROGRAM

 

 

 

Local boating infrastructure maintenance and improvements

 

$

3,622,500

State boating infrastructure maintenance

 

 

8,852,500

GROSS APPROPRIATION

 

$

12,475,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

1,275,000

Michigan state waterways fund, federal

 

 

200,000

Special revenue funds:

 

 

 

Michigan state waterways fund

 

 

11,000,000

State general fund/general purpose

 

$

0

Sec. 114. ONE-TIME APPROPRIATIONS

 

 

 

Archives of Michigan digitization

 

$

485,000

Chronic wasting disease testing

 

 

500,000

Equipment lifecycle replacement

 

 

11,550,000

Great Lakes vessel modernization

 

 

4,000,000

State fish hatchery upgrades and improvements

 

 

30,000,000

Body cameras for conservation officers, one-time

 

 

400,000

GROSS APPROPRIATION

 

$

46,935,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Forest development fund

 

 

750,000

Game and fish protection fund

 

 

400,000

Park improvement fund

 

 

400,000

State general fund/general purpose

 

$

45,385,000

 


 

part 2

provisions concerning appropriations

for fiscal year

general sections

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for the fiscal year ending September 30, 2023 is $434,610,500.00 and state spending from state resources to be paid to local units of government for the fiscal year ending September 30, 2023 is $10,971,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF NATURAL RESOURCES

 

 

 

Dam management grant program

 

$

175,000

Fisheries habitat improvement grants

 

 

125,000

Grants to counties – marine safety

 

 

1,407,300

Invasive species prevention and control

 

 

1,900,000

Local boating infrastructure maintenance and improvements

 

 

3,622,500

Nonmotorized trail development and maintenance grants

 

 

100,000

Off-road vehicle safety training grants

 

 

60,000

Off-road vehicle trail improvement grants

 

 

959,500

Recreation improvement fund grants

 

 

91,700

Recreation passport local grants

 

 

2,000,000

Snowmobile law enforcement grants

 

 

380,100

Wildlife habitat improvement grants

 

 

150,300

TOTAL

 

$

10,971,400

 

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) “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 shall include transmission of reports via email to the recipients identified for each reporting requirement, and it shall include placement of reports on an internet site.

 

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply:

(a) The 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.

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

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

 

Sec. 206. The department shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the senate or house or his or her staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

 

Sec. 207. The department shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget 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 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 chairs of the senate and house appropriations committees, and the senate and house fiscal agencies.

 

Sec. 210. 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 authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 211. The department shall provide to the department of technology, management, and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department:

(a) Fiscal year-to-date expenditures by category.

(b) Fiscal year-to-date expenditures by appropriation unit.

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(d) The number of active department employees by job classification.

(e) Job specifications and wage rates.

 

Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the chairpersons of the senate and house appropriations committees, the chairpersons of the senate and house appropriations subcommittees on natural resources, 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, 2023 are estimated at $41,796,900.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $25,376,200.00. Total agency appropriations for retiree health care legacy costs are estimated at $16,420,700.00.

 

Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure 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. 216. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies the following information:

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

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

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

(a) Number of employees that were engaged in remote work in 2022.

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

(c) Estimated net cost savings achieved by remote work.

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

 

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

 

Sec. 218. It is the intent of the legislature that departments maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

 

Sec. 219. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under part 1, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within part 1 for the particular department, board, commission, officer, or institution.

 

Sec. 220. 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 must be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.

 

Sec. 221. The department 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 appropriations committees, the senate and house subcommittees on natural resources, the joint committee on administrative rules, and the senate and house fiscal agencies.

 

Sec. 222. (1) From the funds appropriated in part 1, the department shall do all of the following:

(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 office any amount of severance pay for a department director, deputy director, or other highranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

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

(c) By February 1, report to the 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 total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 223. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

Sec. 224. (1) In addition to the money appropriated in part 1, there is appropriated from the following state restricted funds up to the following amounts to the department of technology, management, and budget:

Game and fish protection fund

 

$

575,600

Michigan state waterways fund

 

 

307,800

Park improvement fund

 

 

447,300

Forest development fund

 

 

307,800

(2) In addition to the money appropriated in part 1, there is appropriated from the following state restricted funds up to the following amounts to the department of attorney general:

Game and fish protection fund

 

$

670,900

Michigan state waterways fund

 

 

148,700

(3) In addition to the money appropriated in part 1, there is appropriated from the following state restricted funds up to the following amounts to the legislative auditor general:

Game and fish protection fund

 

$

34,800

Michigan state waterways fund

 

 

12,600

(4) In addition to the money appropriated in part 1, there is appropriated from the following state restricted funds up to the following amounts to the department of treasury:

Game and fish protection fund

 

$

3,383,800

Michigan state waterways fund

 

 

408,900

Michigan natural resources trust fund

 

 

3,195,500

(5) In addition to the money appropriated in part 1, there is appropriated from the following state restricted funds to the civil service commission the amount calculated for each fund pursuant to section 5 of article XI of the state constitution of 1963:

(a) Michigan conservation and recreation legacy fund.

(b) Forest development fund.

(c) Michigan natural resources trust fund.

(d) Michigan state parks endowment fund.

(e) Nongame wildlife fund.

 

Sec. 225. 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, 2023.

 

Sec. 226. The department may contract with or provide grants to local units of government, institutions of higher education, or nonprofit organizations to support activities authorized by appropriations in part 1. As used in this section, contracts and grants include, but are not limited to, contracts and grants for research, wildlife and fisheries management, forest management, invasive species monitoring and control, and natural resource-related programs.

 

Sec. 241. If the department activates the incident management team to protect life or property, within 6 hours after the incident management team is activated to a site in this state, the department shall notify the senate and house members whose district includes the site in writing.

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, 2023, 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 324.2165. 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. 408. By October 21, 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, 2022. 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. 506. The United States Department of Agriculture, Wildlife Services, is encouraged to harvest all deer during targeted removal required under the enhanced wildlife biosecurity program.

 

FOREST RESOURCES DIVISION

Sec. 802. (1) 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 harvesting.

(2) The department shall complete and deliver these reports, within 45 days after the end of each fiscal quarter, to the senate and house appropriations subcommittees on natural resources and the standing committees of the senate and house with primary responsibility for natural resources issues. The report must contain the following information:

(a) The number of acres prepared in the last quarter and the year to date total.

(b) The number of acres sold in the last quarter and the year to date total.

(c) The amount of revenue generated by the sale and harvesting of state land in the last quarter and the year to date total.

 

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 and hazard incidents as required by a compact with the federal government. If additional expenditure authorization is required, the department shall notify the state budget office that expenditure under this section is required. The department shall notify the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies by November 1 of the expenditures under this section during the fiscal year ending September 30, 2022.

 

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 department costs related to any disaster as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30.402.

(2) Funds appropriated under subsection (1) shall not be expended unless the state budget director recommends the expenditure and the department notifies the house and senate committees on appropriations. By December 1 each year, the department shall provide a report to the senate and house fiscal agencies and the state budget office on the use of the disaster and emergency contingency fund during the prior fiscal year.

(3) If Federal Emergency Management Agency (FEMA) reimbursement is approved for costs paid from the disaster and emergency contingency fund, the federal revenue shall be deposited into the disaster and emergency contingency fund.

(4) Unexpended and unencumbered funds remaining in the disaster and emergency contingency fund at the close of the fiscal year shall not lapse to the general fund and shall be carried forward and be available for expenditures in subsequent fiscal years.

LAW ENFORCEMENT

Sec. 901. The appropriation in part 1 for snowmobile law enforcement grants shall be used by the department to provide grants to county law enforcement agencies to enforce part 821 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101 to 324.82161, including rules promulgated under that part and ordinances enacted pursuant to that part. The department shall consider the number of enforcement hours and the number of miles of snowmobile trails in each county in allocating these grants. Any funds not distributed to counties revert back to the snowmobile registration fee subaccount created under section 82111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82111. Counties shall provide semiannual reports to the department on the use of grant money received under this section.

 

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. The report must include the following information for the preceding year:

(a) The total amount of revenue received for watercraft registrations.

(b) The amount deposited into the marine safety fund.

(c) 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.

(d) The distribution methodology used by the department to distribute the marine safety grants.

(e) A list of the grants and the amounts awarded by county.

 

Sec. 903. From the funds appropriated in part 1 for body cameras for conservation officers, as funding permits, the department shall provide body cameras to conservation officers for use in compliance with department policy while in the field performing their state-appointed duties.

 

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, 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, 2022.

 

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 APPROPRIATIONS

Sec. 1201. From the funds appropriated in part 1 for chronic wasting disease (CWD) testing, before the 2023 deer hunting season, the department shall make at least 1 CWD check station or drop station available during any deer season in any county that is included in a core CWD area, a CWD management zone, or a core CWD surveillance area.

 

Sec. 1202. (1) From the appropriation in part 1 for Great Lakes vessel modernization, the department shall provide a replacement of the Lake Michigan survey vessel at the end of its expected lifecycle with a modern vessel of a similar size. The replacement should modernize the vessel, increasing efficiency and safety, and reduce the emissions and overall maintenance costs of the vessel. It is the intent of the legislature that the vessel be completed by a Michigan-based vessel manufacturer.

(2) The unexpended funds appropriated in part 1 for Great Lakes vessel modernization 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 the project under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to replace and upgrade the Lake Michigan survey vessel.

(b) The project will be accomplished primarily by utilizing contracts with service providers.

(c) The total estimated cost of the project is $4,000,000.00.

(d) The tentative completion date is September 30, 2024.

 

Sec. 1203. From the funds appropriated in part 1 for body cameras for conservation officers, one-time, as funding permits, the department shall provide body cameras to conservation officers for use in compliance with department policy while in the field performing their state-appointed duties.

ARTICLE 12

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, 2023, from the following funds:

DEPARTMENT OF STATE POLICE

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

3.0

 

 

Full-time equated classified positions

3,754.0

 

 

GROSS APPROPRIATION

 

$

823,705,800

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

25,502,400

ADJUSTED GROSS APPROPRIATION

 

$

798,203,400

Federal revenues:

 

 

 

Total federal revenues

 

 

81,804,300

Special revenue funds:

 

 

 

Total local revenues

 

 

4,904,500

Total private revenues

 

 

35,000

Total other state restricted revenues

 

 

158,750,400

State general fund/general purpose

 

$

552,709,200

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

3.0

 

 

Full-time equated classified positions

139.0

 

 

Unclassified salaries—FTEs

3.0

$

553,600

Department services—FTEs

17.0

 

7,625,600

Departmentwide

 

 

48,770,800

Executive direction—FTEs

45.0

 

7,359,900

Mobile office and system support—FTEs

39.0

 

5,861,100

Professional development bureau—FTEs

38.0

 

10,247,400

GROSS APPROPRIATION

 

$

80,418,400

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of corrections, contract

 

 

26,000

IDG from department of transportation, state trunkline fund

 

 

41,100

IDG from department of treasury, casino gaming fees

 

 

163,400

IDG, training academy charges

 

 

192,200

Intradepartmental transfers

 

 

55,300

Federal revenues:

 

 

 

Total federal revenues

 

 

1,866,600

Special revenue funds:

 

 

 

Total local revenues

 

 

8,400

Michigan merit award trust fund

 

 

15,900

Total other state restricted revenues

 

 

5,350,200

State general fund/general purpose

 

$

72,699,300

Sec. 103. LAW ENFORCEMENT SERVICES

 

 

 

Full-time equated classified positions

590.0

 

 

Biometrics and identification—FTEs

60.0

$

11,108,200

Criminal justice information center—FTEs

155.0

 

26,995,100

Forensic science—FTEs

279.0

 

48,111,700

Grants and community services—FTEs

47.0

 

18,190,800

Office of school safety—FTEs

6.0

 

1,356,900

For Fiscal Year

Ending Sept. 30,

2023

State 911 administration—FTEs

5.0

$

1,128,800

Training—FTEs

38.0

 

8,272,300

GROSS APPROPRIATION

 

$

115,163,800

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of state

 

 

396,300

IDG from department of transportation, state trunkline fund

 

 

737,100

IDG, training academy charges

 

 

2,768,200

Intradepartmental transfers

 

 

750,000

Federal revenues:

 

 

 

Total federal revenues

 

 

13,690,200

Special revenue funds:

 

 

 

Total local revenues

 

 

919,200

Total private revenues

 

 

20,000

Total other state restricted revenues

 

 

43,285,300

State general fund/general purpose

 

$

52,597,500

Sec. 104. MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

 

 

 

Full-time equated classified positions

20.0

 

 

De-escalation training

 

$

500,000

Justice training grants

 

 

5,810,000

Public safety officers benefit fund—FTE

1.0

 

303,000

Standards and training—FTEs

19.0

 

3,936,900

Training only to local units

 

 

654,500

GROSS APPROPRIATION

 

$

11,204,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total federal revenues

 

 

278,700

Special revenue funds:

 

 

 

Total other state restricted revenues

 

 

9,800,200

State general fund/general purpose

 

$

1,125,500

Sec. 105. FIELD SERVICES

 

 

 

Full-time equated classified positions

2,379.0

 

 

Investigative services—FTEs

148.5

$

38,329,000

Post operations—FTEs

2,200.5

 

377,374,400

Secure cities partnership—FTEs

30.0

 

9,380,200

GROSS APPROPRIATION

 

$

425,083,600

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of treasury, casino gaming fees

 

 

5,492,400

Intradepartmental transfers

 

 

952,000

Federal revenues:

 

 

 

Total federal revenues

 

 

9,978,700

Special revenue funds:

 

 

 

Total local revenues

 

 

1,233,600

Michigan merit award trust fund

 

 

854,900

Total other state restricted revenues

 

 

54,046,800

State general fund/general purpose

 

$

352,525,200

Sec. 106. SPECIALIZED SERVICES

 

 

 

Full-time equated classified positions

622.0

 

 

Commercial vehicle enforcement—FTEs

211.0

$

32,698,800

Emergency management and homeland security—FTEs

64.0

 

16,576,700

Hazardous materials programs—FTEs

25.0

 

23,603,200

Highway safety planning—FTEs

26.0

 

18,238,400

For Fiscal Year

Ending Sept. 30,

2023

Intelligence operations—FTEs

220.0

$

31,638,300

Secondary road patrol program—FTE

1.0

 

15,000,000

Special operations—FTEs

75.0

 

15,855,300

GROSS APPROPRIATION

 

$

153,610,700

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of transportation, state trunkline fund

 

 

11,259,800

IDG from department of treasury, public safety answer point training 911 fund

 

 

100,000

Intradepartmental transfers

 

 

2,047,900

Federal revenues:

 

 

 

Total federal revenues

 

 

55,029,700

Special revenue funds:

 

 

 

Total local revenues

 

 

1,791,600

Total private revenues

 

 

15,000

Total other state restricted revenues

 

 

33,817,600

State general fund/general purpose

 

$

49,549,100

Sec. 107. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

28,912,300

GROSS APPROPRIATION

 

$

28,912,300

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of transportation, state trunkline fund

 

 

364,700

IDG from department of treasury, casino gaming fees

 

 

122,800

IDG, training academy charges

 

 

11,500

Intradepartmental transfers

 

 

21,700

Federal revenues:

 

 

 

Total federal revenues

 

 

960,400

Special revenue funds:

 

 

 

Total local revenues

 

 

951,700

Michigan merit award trust fund

 

 

3,400

Total other state restricted revenues

 

 

11,576,100

State general fund/general purpose

 

$

14,900,000

Sec. 108. ONE-TIME APPROPRIATIONS

 

 

 

Full-time equated classified positions

4.0

 

 

Contracts and services

 

$

3,100,000

Crime victim support pilot program—FTEs

4.0

 

518,400

Recruitment, training, and outreach

 

 

1,000,000

Trooper school

 

 

4,694,200

GROSS APPROPRIATION

 

$

9,312,600

Appropriated from:

 

 

 

State general fund/general purpose

 

$

9,312,600

 

part 2

provisions concerning appropriations

for fiscal year 2022-2023

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 2022-2023 is $711,459,600.00 and state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is $21,329,700.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF STATE POLICE

 

 

 

Justice training grants

 

$

5,810,000

Secondary road patrol program

 

 

14,865,200

Training only to local units

 

 

654,500

TOTAL

 

$

 21,329,700

 

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) “CJIS” means Criminal Justice Information Systems.

(b) “Department” means the department of state police.

(c) “Director” means the director of the department.

(d) “DNA” means deoxyribonucleic acid.

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

(f) “FTE” means full-time equated.

(g) “IDG” means interdepartmental grant.

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

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

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

 

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

 

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to the funds appropriated in part 1:

(a) Funds must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

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

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

 

Sec. 206. The department shall not take disciplinary action against an employee of the department or a departmental agency in the state classified civil service because the employee communicates with a member of the legislature or a member’s staff, unless the communication is prohibited by law and the department or departmental agency taking disciplinary action is exercising its authority as provided by law.

 

Sec. 207. The department shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office. The report shall include the following information:

(a) The dates of each travel occurrence.

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

 

Sec. 208. Funds appropriated in this part and part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.

Sec. 209. Not later than 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 $2,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $4,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

 

Sec. 211. From the funds appropriated in part 1, the department shall provide to the DTMB information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department:

(a) Fiscal year-to-date expenditures by category.

(b) Fiscal year-to-date expenditures by appropriation unit.

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(d) The number of active department employees by job classification.

(e) Job specifications and wage rates.

 

Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the prior 2 fiscal years.

 

Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance.

 

Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $145,238,000.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $94,652,600.00. Total department appropriations for retiree health care legacy costs are estimated at $50,585,400.00.

 

Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure that 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. 216. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the subcommittees, and the senate and house fiscal agencies the following information:

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

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

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

(a) Number of employees that were engaged in remote work in 2022.

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

(c) Estimated net cost savings achieved by remote work.

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

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

 

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each chamber, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

 

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

 

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

 

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

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

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

(c) By February 1, report to the subcommittees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 222. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not do the following:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

Sec. 223. Based on the availability of federal funding and demonstrated need, as indicated by applications submitted to the state court administrative office, the department shall provide $1,500,000.00 in Byrne justice assistance grant program funding to the judiciary by interdepartmental grant.

 

Sec. 224. The department shall provide biannual reports to the subcommittees, the senate and house fiscal agencies, and the state budget office that provide the following data:

(a) A list of major work projects, including the status of each project.

(b) The department’s financial status, featuring a report of budgeted versus actual expenditures by part 1 line item including a year-end projection of budget requirements. If projected department budget requirements exceed the allocated budget, the report shall include a plan to reduce overall expenses while still satisfying specified service level requirements.

(c) A report on the performance metrics cited or information required to be reported in this part, reasons for nonachievement of metric targets, and proposed corrective actions.

 

Sec. 225. The department shall notify the subcommittees, the chairpersons of the senate and house appropriations committees, and the senate and house fiscal agencies not less than 90 days before recommending to close or consolidate any state police post. The notification shall include a local and state impact study of the proposed post closure or consolidation.

 

Sec. 226. 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. 227. (1) When the department provides contractual services to a local unit of government, the department shall be reimbursed for all costs incurred in providing the services.

(2) The department shall define service cost models for those services requiring reimbursement.

(3) Contractual services provided to an entity other than a local unit of government may be provided by department personnel, but only on an overtime basis outside the normal work schedule of the personnel. All costs incurred in providing the services are eligible for reimbursement.

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

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

(6) If additional authorization is approved in SIGMA by the state budget office under this section, the department shall notify the subcommittees and the senate and house fiscal agencies within 10 days after the approval. The notification shall include the amount and funding source of the additional authorization, the date of its approval, and the projected use of funds to be expended.

 

Sec. 228. The department shall serve as an active liaison between the DTMB and state, local, regional, and federal public safety agencies on matters pertaining to the Michigan public safety communications system and shall report user issues to the DTMB.

 

Sec. 229. The department may establish and collect fees for publications, videos, conferences, workshops, and related materials. Collected fees shall be used to offset expenditures for costs of the publications, videos, workshops, conferences, and related materials. The department shall not collect fees under this section that exceed the cost of the expenditures.

 

Sec. 230. (1) The department may accept monetary and nonmonetary gifts, bequests, donations, contributions, or grants from any private or public source to support, in whole or in part, a departmental function or program. The department shall expend or use such gifts, bequests, donations, contributions, or grants for the purposes designated by the private or public source, if the purpose is specified.

(2) Revenue collected by the department under this section that is unexpended and unencumbered shall not lapse to the general fund but shall be carried forward to the subsequent fiscal year.

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

(4) If additional authorization is approved in SIGMA by the state budget office under this section, the department shall notify the subcommittees and the senate and house fiscal agencies within 10 days after the approval. The notification must include the amount and funding source of the additional authorization, the date of the approval, and the projected use of the funds to be expended.

 

Sec. 231. (1) Federal revenues authorized by and available from the federal government in excess of the appropriations in part 1 are appropriated and may be received and expended by the department for purposes authorized under state law and subject to federal requirements. The total amount of federal revenues that may be received and expended under this section and section 704(3) must not exceed $45,000,000.00.

(2) The department shall notify the subcommittees and the senate and house fiscal agencies before expending federal revenues received and appropriated under subsection (1).

(3) If additional authorization is approved in SIGMA by the state budget office under this section, the department shall notify the subcommittees and the senate and house fiscal agencies within 10 days after the approval. The notification shall include the amount and funding source of the additional authorization, the date of its approval, and the projected use of the funds to be expended.

 

Sec. 232. It is the intent of the legislature that the department shall take all steps necessary to protect the data and privacy of citizens who are not the focus of a departmental investigation and to protect personal information from unauthorized access or misuse. This includes, but is not limited to, requiring vendors or service providers to protect data shared with them, ensuring that when personal data is collected, but no longer utilized by the department, that reasonable steps be taken to securely destroy records containing personal information when it is to be discarded so that the information is rendered indecipherable and is not sold for marketing or other purposes. In addition, the department shall provide written notification to any data subject whose sensitive personal information is accessed or acquired by an unauthorized person.

 

Sec. 233. A law enforcement officer or a motor carrier officer funded under part 1 shall not be required to issue a predetermined or specified number of citations for violations of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or of local ordinances substantially corresponding to provisions of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, including parking or standing violations. A law enforcement officer’s or motor carrier officer’s performance evaluation system shall not require a predetermined or specified number of citations to be issued.

 

Sec. 234. The department shall report to the subcommittees and the senate and house fiscal agencies on tentative plans for the required payment of any court judgment against the department, as soon as those plans are developed. The report must include, but is not limited to, all of the following information:

(a) A listing of all known court judgments that would result in a financial obligation for the department.

(b) The amount of time in which each of those financial obligations must be met.

(c) The proposed budget line items from which a payment for a court judgment of $100,000.00 or more would be made.

(d) The estimated impact of the loss of revenue on the programs funded by any line items from which payments would be made.

 

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

(a) Utilization of trauma-informed practices.

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

(c) Age-appropriate education and information on sexual abuse prevention.

 

Sec. 236. It is the intent of the legislature that the department maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

 

DEPARTMENTAL ADMINISTRATION AND SUPPORT

Sec. 301. (1) From the funds appropriated in part 1 for professional development bureau, the department may provide or obtain the following training:

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

(b) Professional development training.

(c) Training that provides the individual with the ability to seek expanded opportunities within the department.

(d) Advanced education training.

(e) De-escalation training.

(2) Not later than January 1, 2024, the department shall submit a report to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office that includes the following information about the funds appropriated in part 1 for the professional development bureau:

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

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

(c) The number of the department’s employees who have received and completed training pursuant to this section.

 

LAW ENFORCEMENT SERVICES

Sec. 401. (1) The department shall develop and deliver professional, innovative, and quality training that supports the enforcement and public safety efforts of the criminal justice community.

(2) The department shall provide performance data, as provided under section 224, for days of training being conducted by the academy.

(3) The department shall submit a report to the subcommittees and the senate and house fiscal agencies within 60 days of the conclusion of any trooper, motor carrier, or state properties security recruit school. The report shall include the following:

(a) The number of veterans and the number of MCOLES-certified police officers who were admitted to and the number who graduated from the recruit school.

(b) The total number of recruits who were admitted to the school, the number of recruits who graduated from the school, and the location at which each of these recruits is assigned.

(4) The department shall distribute and review course evaluations to ensure that quality training is provided.

 

Sec. 402. (1) In accordance with applicable state and federal laws and regulations, the department shall maintain and ensure compliance with CJIS databases and applications in the support of public safety and law enforcement communities.

(2) The department shall improve the accuracy, timeliness, and completeness of criminal history information by conducting a minimum of 30 outreach activities targeted to criminal justice agencies. The department shall report the number of these outreach activities conducted, as provided under section 224.

(3) The department shall provide for the compilation of crime statistics consistent with the uniform crime reporting (UCR) program and the national incident-based report system (NIBRS).

(4) The department shall provide for the compilation and evaluation of traffic crash reports and the maintenance of the state accident data collection system.

(5) The department shall make individual traffic crash reports available for a fee of $10.00 per incident. The department may also sell an extract of electronic traffic crash data for a fee of $0.25 per incident, provided that the name, address, and any other personal identifying information have been excluded.

(6) By March 1, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget office detailing the number of traffic crash reports provided, the amount of revenue collected, and all expenditures incurred for activities under subsection (5) in the preceding fiscal year. The report must include an analysis of whether revenue from department activities under subsection (5) is sufficient to offset all costs incurred for those activities and shall provide information regarding any deficit or surplus of revenue.

(7) In accordance with applicable state and federal laws and regulations, the department shall provide for the maintenance and dissemination of criminal history records and juvenile records, including to the extent necessary to exchange criminal history records information with the Federal Bureau of Investigation and other states through the interstate identification index, the National Crime Information Center, and other federal CJIS databases and indices.

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

(9) The department shall provide a report to the legislature on concealed pistol licensing not later than January 1 that includes all of the following:

(a) The department’s actual revenue received from fees paid for concealed pistol license (CPL) applications for the prior fiscal year and the uses of that revenue.

(b) The department’s prior fiscal year costs for administering its concealed pistol licensing responsibilities under 1927 PA 372, MCL 28.421 to 28.435, but not including costs related to the administration of other state statutes or requirements of federal law.

(10) The department shall provide information on the number of background checks processed through the internet criminal history access tool (ICHAT), as provided in section 224.

(11) 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.

(12) Unexpended and unencumbered revenue generated by state records management system fees shall not lapse to the general fund, but shall be carried forward into the subsequent fiscal year.

 

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

(2) The department shall ensure its ability to maintain accreditation by a federally designated accrediting agency, as provided under 34 USC 12592.

(3) The department shall provide forensic science services with an average turnaround time of 55 days, assuming an annual caseload volume commensurate with the average annual caseload received by the forensic science division during the preceding 5 fiscal years, and shall work to achieve a goal of a 30-day average turnaround time across all forensic science disciplines.

(4) The department shall provide the following data as provided in section 224:

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

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

(c) The number of backlogged cases in each discipline.

 

Sec. 404. (1) The biometrics and identification division shall house and manage the automated biometric identification system, the statewide network of agency photographs, and combined offender DNA index system biometric databases.

(2) The department shall provide data on the number of 10-print and palm-print submissions to the database, as provided in section 224.

(3) The department shall maintain the staffing and resources necessary to have a 28-day average wait time for scheduling a polygraph examination, assuming an annual caseload received commensurate with the average annual caseload received during the preceding 5 fiscal years, with a goal of achieving a 15-day average wait time.

(4) If changes are made to the department’s protocol for retaining and purging DNA analysis samples and records, the department shall post a copy of the protocol changes on the department’s website.

 

Sec. 405. Not later than December 1, the department shall submit a report to the subcommittees and senate and house fiscal agencies that includes, but is not limited to, all of the following information:

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

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

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

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

(e) The average turnaround time to analyze sexual assault kits and to create and upload associated DNA profiles for the prior fiscal year.

 

Sec. 406. The department shall provide administrative support for the following grant and community service programs:

(a) The operations of the automobile theft prevention authority.

(b) Administration of the Edward Byrne memorial justice assistance program and other grant programs, as well as the department’s community policing efforts.

(c) Administration of the office of school safety.

(d) Administration and outreach of the OK2SAY program.

 

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

(a) Reports of incidents of school violence or threats reported to the state police by local law enforcement or local school districts, or received through the Michigan incident crime report (MICR).

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

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

 

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

Sec. 501. (1) MCOLES shall establish standards for the selection, employment, training, education, licensing, and licensure revocation of all law enforcement officers and provide the basic law enforcement training curriculum for law enforcement training academy programs statewide.

(2) MCOLES shall maintain staffing and resources necessary to update law enforcement standards within 120 days of the enactment date of any new legislation.

 

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

 

FIELD SERVICES

Sec. 601. (1) Department enlisted personnel who are employed to enforce traffic laws as provided in section 629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e, are not prohibited from responding to crimes in progress or other emergency situations and are responsible for making every effort to protect all residents of this state.

(2) The department shall maintain the staffing and resources necessary to continually work to enhance traffic safety throughout this state and shall dedicate a minimum of 455,200 hours to statewide patrol, of which a minimum of 40,000 shall be committed to distressed cities in this state. The department shall work to improve public safety efforts within distressed cities by enhancing data analysis capabilities and identifying crime trends and areas with high occurrence of crime.

(3) The department shall report on the number of residence checks of registered sex offenders conducted, as provided under section 224.

(4) The department shall submit a report on or before April 15 to the subcommittees and senate and house fiscal agencies regarding the secure cities partnership during the prior calendar year.

 

Sec. 602. (1) The department shall identify and apprehend criminals through criminal investigations in this state.

(2) The department shall maintain the staffing and resources necessary to provide a comparable number of hours investigating crimes as the average annual number provided during the preceding 5 fiscal years.

(3) The department shall maintain the staffing and resources necessary to annually meet or exceed a case clearance rate of 62%.

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

(5) The department shall maintain the staffing and resources necessary to investigate the average annual number of opioid-related investigations conducted by multijurisdictional task forces and hometown security teams during the preceding 5 fiscal years. The department shall work to enhance investigative and drug interdiction efforts by enhancing data analysis capabilities and linking investigations among multijurisdictional task forces and hometown security teams.

 

Sec. 603. (1) The department shall provide protection to this state, its economy, welfare, and vital state-sponsored programs through the prevention and suppression of organized smuggling of untaxed tobacco products in this state, through enforcement of the tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, and other laws pertaining to combating criminal activity in this state, and by maintaining a tobacco tax enforcement unit.

(2) The department shall submit an annual report on December 1 to the subcommittees, the senate and house appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office that details expenditures and activities related to tobacco tax enforcement for the prior fiscal year.

(3) The marijuana and tobacco investigation section shall dedicate a minimum of 16,600 hours to tobacco tax enforcement.

Sec. 604. (1) The department shall provide fire investigation training and investigative assistance to public safety agencies in this state.

(2) The department shall maintain the staffing and resources necessary to maintain readiness to respond appropriately to at least the average annual number of requests for fire investigation services that occurred during the preceding 5 fiscal years and shall be available for call out statewide 100% of the time.

 

Sec. 605. From the funds appropriated in part 1 for secure cities partnership, not less than $700,000.00 shall be allocated for cities with a population over 100,000, according to the most recent federal decennial census, and that have seen no less than a 20% increase in violent crime since 2018, according to the national incident-based report system (NIBRS).

 

SPECIALIZED SERVICES

Sec. 701. (1) The department shall operate the Michigan intelligence operations center for homeland security as this state’s primary federally designated fusion center to receive, analyze, gather, and disseminate threat-related information among federal, state, local, tribal, and private sector partners.

(2) The department shall ensure public safety by providing public and private sector partners with timely and accurate information regarding critical information key resource threats as reported to or discovered by the Michigan intelligence operations center for homeland security and shall increase public awareness on how to report suspicious activity through website or telephone communications.

(3) The department shall maintain the staffing and resources necessary to support the cyber section, including the Michigan cyber command center, the computer crimes unit, and the internet crimes against children task force. The department shall maintain the staffing and resources necessary to complete the average annual number of cases completed by the computer crimes unit during the preceding 5 fiscal years. The unit shall pursue process improvement initiatives to effectively utilize staff resources in providing investigatory assistance and evidentiary analysis for law enforcement and criminal justice agencies statewide. The department shall maintain the staffing and resources necessary to complete the average annual casework that the Michigan cyber command center completed during the preceding 5 fiscal years.

(4) The department shall maintain the staffing and resources necessary to provide digital forensic analysis services with a goal of decreasing backlogs of digital forensic analysis cases annually until the department maintains a 60-day turnaround time.

 

Sec. 702. (1) The department shall provide specialized services in support of, and to enhance, local, state, and federal law enforcement operations within this state in accordance with all applicable state and federal laws and regulations.

(2) The department shall maintain the staffing and resources necessary to provide training to maintain readiness to respond appropriately to at least the average annual number of requests for specialty services which occurred during the preceding 5 fiscal years.

(3) The canine unit shall be available for call out statewide 100% of the time.

(4) The bomb squad unit shall be available for call out statewide 100% of the time.

(5) The emergency support teams shall be available for call out statewide 100% of the time.

(6) The marine services team shall be available for call out statewide 100% of the time.

(7) Aviation services shall be available for call out statewide 100% of the time, unless prohibited by weather or unexpected mechanical breakdowns.

(8) The department shall maintain the staff and resources necessary to provide security services at the State Capitol Complex facilities, the State Secondary Complex, and other state-owned or leased properties, as provided under section 6c of 1935 PA 59, MCL 28.6c. The department shall also maintain the staff and resources necessary to respond to emergencies at the State Capitol Complex, State Secondary Complex, House Office Building, Binsfeld Office Building, Capitol parking lot, Townsend Parking Ramp, Roosevelt Parking Ramp, and other areas as directed. The department shall maintain a goal of annually conducting 35,000 property inspections of state owned and leased facilities.

 

Sec. 703. (1) The department shall maintain commercial vehicle regulation, school bus inspections, and enforcement activities, including enforcement of requirements concerning size, weight, and load restrictions; operating authority; registration; fuel taxes; transportation of hazardous materials; operations of new entrants; commercial driver licenses; and inspections pursuant to the federal motor carrier assistance program.

(2) The department shall maintain the staffing and resources necessary to meet inspection goals consistent with the department’s federal motor carrier assistance program activities.

(3) Revenue collected under the motor carrier act, 1933 PA 254, MCL 475.1 to 479.42, shall be expended in accordance with that act. Unexpended and unencumbered revenues shall not lapse to the general fund but shall be carried forward into the subsequent fiscal year.

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

(2) The state director of emergency management may expend money appropriated under part 1 to call upon any agency or department of the state or any resource of the state to protect life or property or to provide for the health or safety of the population in any area of this state in which the governor proclaims a state of emergency or state of disaster under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. The state director of emergency management may expend the amounts the director considers necessary to accomplish these purposes. The director shall submit to the state budget director, as soon as possible, a complete report of all actions taken under the authority of this section. The report shall contain, as a separate item, a statement of all money expended that is not reimbursable from federal funding. The state budget director shall review the expenditures and submit recommendations to the legislature in regard to any possible need for a supplemental appropriation.

(3) In addition to the funds appropriated in part 1, the department may receive and expend money from local, private, federal, or state sources for the purpose of providing emergency management training to local or private interests and for the purpose of supporting emergency preparedness, response, recovery, and mitigation activity. If additional expenditure authorization in SIGMA is approved by the state budget office under this section, the department and the state budget office shall notify the subcommittees and the senate and house fiscal agencies within 10 days after the approval. The notification shall include the amount and source of the additional authorization, the date of its approval, and the projected use of the funds to be expended under the authorization. The total amount of federal revenues that may be received and expended under this section and section 231 must not exceed $45,000,000.00. The total amount of state restricted revenues that may be received and expended under this subsection and subsection (7) must not exceed $15,000,000.00.

(4) The department shall foster, promote, and maintain partnerships to protect this state and homeland from all hazards.

(5) The department shall maintain the staffing and resources necessary to do all of the following:

(a) Serve approximately 105 local emergency management preparedness programs and 88 local emergency planning committees in this state.

(b) Operate and maintain the state’s emergency operations center and provide command and control in support of emergency response services.

(c) Maintain readiness, including training and equipment to respond to civil disorders and natural disasters commensurate with the capabilities of fiscal year 2010-2011.

(d) Perform hazardous materials response training.

(6) The department shall conduct a minimum of 3 training sessions to enhance safe response in the event of natural or manmade incidents, emergencies, or disasters.

(7) In addition to the funds appropriated in part 1, there is appropriated from the disaster and emergency contingency fund an amount necessary to cover costs related to any disaster or emergency as defined in the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. However, funds appropriated under this subsection and state restricted funds received and expended under subsection (3) must not exceed $15,000,000.00. Funds shall be expended as provided under sections 18 and 19 of the emergency management act, 1976 PA 390, MCL 30.418 and 30.419, and R 30.51 to R 30.61 of the Michigan Administrative Code.

(8) Funds in the disaster and emergency contingency fund shall not be expended unless the state budget director approves the expenditure and the department and the state budget office notify the senate and house appropriations committees. If expenditures are made from the disaster and emergency contingency fund during a month, the department shall submit monthly reports to the senate and house fiscal agencies detailing the purpose of the expenditures. These monthly reports shall be submitted within 30 days after the end of the month during which funds from the disaster and emergency contingency fund were expended.

(9) Upon the declaration of a state of emergency or disaster by the governor under section 3 of the emergency management act, 1976 PA 390, MCL 30.403, approval of the state budget director, and notification of the subcommittees and senate and house fiscal agencies, the director may expend funds appropriated from any source to any line item within part 1 for the purpose of paying the necessary and reasonable expenses incurred by the department in responding to or mitigating the effects of any emergency or disaster as those terms are defined in section 2 of the emergency management act, 1976 PA 390, MCL 30.402.

(10) The department shall track and report on a biannual basis, as provided in section 224 of this part, the status of the department’s assessment of critical infrastructure vulnerabilities, including the protection status of critical infrastructure items identified by the assessment. The department is not required to report any information that could compromise the security of any critical infrastructure.

 

Sec. 705. The department shall provide for the planning, administration, and implementation of highway traffic safety programs to save lives and reduce injuries on roads in this state, in partnership with other public and private organizations.

Sec. 706. (1) Funds appropriated in part 1 for the secondary road patrol program shall be used to provide grants to sheriffs under the secondary road patrol program described under section 76 of 1846 RS 14, MCL 51.76.

(2) Not later than April 30, the office of highway safety planning shall work with the state court administrative office, as necessary, to issue a report to the department and the subcommittees on the following data from the previous calendar year:

(a) The total number of traffic civil infractions written under both state and local ordinances for which the $40.00 justice system assessment is to be assessed.

(b) Of the total number reported under subdivision (a), the number of traffic civil infractions written under both state and local ordinances that the court assessed and ordered payment of the justice system assessment.

(c) Of the number reported under subdivision (b), the number of traffic civil infractions for which the justice system assessment was collected and distributed to the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181.

(d) The number of citations, misdemeanors, and felonies written under both state and local ordinances corresponding to a law of this state for a violation of each of the following:

(i) Section 617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a.

(ii) Section 618 of the Michigan vehicle code, 1949 PA 300, MCL 257.618.

(iii) Section 625(1) of the Michigan vehicle code, 1949 PA 300, MCL 257.625.

(iv) Section 625(8) of the Michigan vehicle code, 1949 PA 300, MCL 257.625.

(v) Section 626 of the Michigan vehicle code, 1949 PA 300, MCL 257.626.

(vi) Section 676b of the Michigan vehicle code, 1949 PA 300, MCL 257.676b.

(vii) Section 904 of the Michigan vehicle code, 1949 PA 300, MCL 257.904.

(3) The sheriffs’ duties under the secondary road patrol program, as outlined in section 76(2) of 1846 RS 14, MCL 51.76, are to patrol and monitor traffic violations; to enforce the criminal laws of this state, violations of which are observed by or brought to the attention of the sheriff’s department while patrolling and monitoring secondary roads; to investigate accidents involving motor vehicles; and to provide emergency assistance to persons on or near a highway or road the sheriff is patrolling and monitoring.

 

ONE-TIME APPROPRIATIONS

Sec. 801. From the one-time appropriation in part 1 for contracts and services, $300,000.00 shall be allocated for providing traffic control support for the Michigan International Speedway.

 

Sec. 802. From the one-time appropriation in part 1 for crime victim support pilot program, the department shall operate a pilot program to provide support services to crime victims in 2 Michigan state police districts.

 

ARTICLE 13

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, 2023, from the following funds:

DEPARTMENT OF TRANSPORTATION

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

3,050.3

 

 

GROSS APPROPRIATION

 

$

6,104,448,900

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

4,123,800

ADJUSTED GROSS APPROPRIATION

 

$

6,100,325,100

Federal revenues:

 

 

 

Total federal revenues

 

 

2,026,480,000

Special revenue funds:

 

 

 

For Fiscal Year

Ending Sept. 30,

2023

Total local revenues

 

$

85,773,500

Total private revenues

 

 

16,800,000

Total other state restricted revenues

 

 

3,905,021,600

State general fund/general purpose

 

$

66,250,000

Sec. 102. DEBT SERVICE

 

 

 

Airport safety and protection plan

 

$

2,274,800

Blue Water Bridge fund

 

 

3,961,100

Comprehensive transportation

 

 

1,466,600

Economic development

 

 

7,650,100

Local bridge fund

 

 

556,500

State trunkline

 

 

209,391,400

GROSS APPROPRIATION

 

$

225,300,500

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Blue Water Bridge fund

 

 

3,961,100

Comprehensive transportation fund

 

 

1,466,600

Economic development fund

 

 

7,650,100

Local bridge fund

 

 

556,500

State aeronautics fund

 

 

2,274,800

State trunkline fund

 

 

209,391,400

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

 

 

109,400

CTF grant to department of technology, management, and budget

 

 

40,900

CTF grant to department of treasury

 

 

54,900

CTF grant to legislative auditor general

 

 

43,200

MTF grant to department of environment, Great Lakes, and energy

 

 

1,524,700

MTF grant to department of state for collection of revenue and fees

 

 

20,000,000

MTF grant to department of treasury

 

 

3,528,000

MTF grant to legislative auditor general

 

 

350,200

SAF grant to civil service commission

 

 

150,000

SAF grant to department of attorney general

 

 

191,800

SAF grant to department of technology, management, and budget

 

 

31,700

SAF grant to department of treasury

 

 

81,600

SAF grant to legislative auditor general

 

 

33,800

STF grant to civil service commission

 

 

6,321,000

STF grant to department of attorney general

 

 

2,172,800

STF grant to department of state police

 

 

12,402,700

STF grant to department of technology, management, and budget

 

 

1,406,500

STF grant to department of treasury

 

 

167,000

STF grant to legislative auditor general

 

 

813,500

GROSS APPROPRIATION

 

$

49,673,700

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Comprehensive transportation fund

 

 

498,400

Michigan transportation fund

 

 

25,402,900

State aeronautics fund

 

 

488,900

State trunkline fund

 

 

23,283,500

State general fund/general purpose

 

$

0

Sec. 104. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

263.3

 

 

For Fiscal Year

Ending Sept. 30,

2023

Unclassified salaries—FTEs

6.0

$

900,400

Asset management council

 

 

1,876,400

Business support services—FTEs

43.0

 

7,165,100

Commission audit and support services—FTEs

29.3

 

3,643,800

Economic development and enhancement programs—FTEs

11.0

 

1,911,900

Finance, contracts, and support services—FTEs

180.0

 

24,277,500

Property management

 

 

7,235,700

Worker’s compensation

 

 

1,859,300

GROSS APPROPRIATION

 

$

48,870,100

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG for accounting service center user charges

 

 

4,123,800

Special revenue funds:

 

 

 

Comprehensive transportation fund

 

 

1,654,400

Economic development fund

 

 

410,100

Michigan transportation fund

 

 

4,437,500

State aeronautics fund

 

 

708,900

State trunkline fund

 

 

37,535,400

State general fund/general purpose

 

$

0

Sec. 105. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

41,691,800

GROSS APPROPRIATION

 

$

41,691,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal aid – transportation programs

 

 

520,500

Special revenue funds:

 

 

 

Blue Water Bridge fund

 

 

57,600

Comprehensive transportation fund

 

 

234,400

Economic development fund

 

 

38,800

Michigan transportation fund

 

 

306,300

State aeronautics fund

 

 

182,800

State trunkline fund

 

 

40,351,400

State general fund/general purpose

 

$

0

Sec. 106. TRANSPORTATION PLANNING

 

 

 

Full-time equated classified positions

142.0

 

 

Planning services—FTEs

142.0

$

42,124,400

Grants to regional planning councils

 

 

488,800

GROSS APPROPRIATION

 

$

42,613,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal aid – transportation programs

 

 

24,000,000

Special revenue funds:

 

 

 

Comprehensive transportation fund

 

 

636,100

Michigan transportation fund

 

 

10,063,200

State aeronautics fund

 

 

16,100

State trunkline fund

 

 

7,897,800

State general fund/general purpose

 

$

0

Sec. 107. DESIGN AND ENGINEERING SERVICES

 

 

 

Full-time equated classified positions

1,572.3

 

 

Business services—FTEs

162.2

$

25,062,600

Program development and delivery—FTEs

1,068.8

 

106,322,500

System operations management—FTEs

341.3

 

58,869,000

GROSS APPROPRIATION

 

$

190,254,100

For Fiscal Year

Ending Sept. 30,

2023

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal aid – transportation programs

 

$

23,529,800

Special revenue funds:

 

 

 

Comprehensive transportation fund

 

 

187,100

Michigan transportation fund

 

 

17,011,300

State trunkline fund

 

 

149,525,900

State general fund/general purpose

 

$

0

Sec. 108. HIGHWAY MAINTENANCE

 

 

 

Full-time equated classified positions

901.7

 

 

State trunkline operations—FTEs

901.7

$

443,561,300

GROSS APPROPRIATION

 

$

443,561,300

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

State trunkline fund

 

 

443,561,300

State general fund/general purpose

 

$

0

Sec. 109. ROAD AND BRIDGE PROGRAM

 

 

 

Cities and villages

 

$

684,060,200

County road commissions

 

 

1,226,915,200

Grants to local programs

 

 

33,000,000

Local agency wetland mitigation bank fund

 

 

2,000,000

Local bridge program

 

 

26,981,600

Local federal aid and road and bridge construction

 

 

384,987,800

Movable bridge

 

 

5,858,400

Rail grade crossing

 

 

3,000,000

Rail grade crossing - surface improvements

 

 

3,000,000

State trunkline federal aid and road and bridge construction

 

 

1,661,869,600

GROSS APPROPRIATION

 

$

4,031,672,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal aid – transportation programs

 

 

1,570,218,700

Special revenue funds:

 

 

 

Local funds

 

 

30,003,500

Private funds

 

 

10,000,000

Blue Water Bridge fund

 

 

8,071,700

Local bridge fund

 

 

26,981,600

Michigan transportation fund

 

 

1,957,833,800

State trunkline fund

 

 

428,563,500

State general fund/general purpose

 

$

0

Sec. 110. BLUE WATER BRIDGE

 

 

 

Full-time equated classified positions

44.0

 

 

Blue Water Bridge operations—FTEs

44.0

$

7,163,800

GROSS APPROPRIATION

 

$

7,163,800

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Blue Water Bridge fund

 

 

7,163,800

State general fund/general purpose

 

$

0

Sec. 111. TRANSPORTATION ECONOMIC DEVELOPMENT

 

 

 

Community service infrastructure fund

 

$

3,000,000

Forest roads

 

 

5,000,000

Rural county primary

 

 

8,737,800

Rural county urban system

 

 

2,500,000

Target industries/economic redevelopment

 

 

17,975,400

Urban county congestion

 

 

8,737,800

GROSS APPROPRIATION

 

$

45,951,000

For Fiscal Year

Ending Sept. 30,

2023

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Economic development fund

 

$

45,951,000

State general fund/general purpose

 

$

0

Sec. 112. AERONAUTICS SERVICES

 

 

 

Full-time equated classified positions

48.0

 

 

Air service program

 

$

50,000

Aviation services—FTEs

48.0

 

7,495,400

GROSS APPROPRIATION

 

$

7,545,400

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

State aeronautics fund

 

 

7,545,400

State general fund/general purpose

 

$

0

Sec. 113. PUBLIC TRANSPORTATION SERVICES

 

 

 

Full-time equated classified positions

40.0

 

 

Passenger transportation services—FTEs

40.0

$

6,386,100

GROSS APPROPRIATION

 

$

6,386,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal aid – transportation programs

 

 

1,200,000

Special revenue funds:

 

 

 

Comprehensive transportation fund

 

 

5,186,100

State general fund/general purpose

 

$

0

Sec. 114. LOCAL BUS TRANSIT

 

 

 

Local bus operating

 

$

201,750,000

Nonurban operating/capital

 

 

39,845,600

GROSS APPROPRIATION

 

$

241,595,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal aid – transportation programs

 

 

37,845,600

Special revenue funds:

 

 

 

Local funds

 

 

2,000,000

Comprehensive transportation fund

 

 

201,750,000

State general fund/general purpose

 

$

0

Sec. 115. INTERCITY PASSENGER AND FREIGHT

 

 

 

Full-time equated classified positions

39.0

 

 

Detroit/Wayne County Port Authority

 

$

500,000

Freight property management

 

 

1,300,000

Intercity services

 

 

9,981,800

Marine passenger service

 

 

4,964,000

Office of rail—FTEs

39.0

 

6,865,600

Rail operations and infrastructure

 

 

137,750,700

GROSS APPROPRIATION

 

$

161,362,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal aid – transportation programs

 

 

38,710,800

Special revenue funds:

 

 

 

Local funds

 

 

760,000

Private funds

 

 

2,800,000

Comprehensive transportation fund

 

 

109,558,400

Intercity bus equipment fund

 

 

600,000

Michigan transportation fund

 

 

2,148,700

Rail freight fund

 

 

6,000,000

State trunkline fund

 

 

784,200

State general fund/general purpose

 

$

0

For Fiscal Year

Ending Sept. 30,

2023

Sec. 116. PUBLIC TRANSPORTATION DEVELOPMENT

 

 

 

Municipal credit program

 

$

2,000,000

Service initiatives

 

 

18,681,600

Specialized services

 

 

26,541,300

Transit capital

 

 

179,076,100

Van pooling

 

 

195,000

GROSS APPROPRIATION

 

$

226,494,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal aid – transportation programs

 

 

100,454,600

Special revenue funds:

 

 

 

Local funds

 

 

35,510,000

Private funds

 

 

2,000,000

Comprehensive transportation fund

 

 

88,529,400

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:

 

 

 

Special revenue funds:

 

 

 

State trunkline fund

 

 

5,501,500

State general fund/general purpose

 

$

0

(2) AIRPORT IMPROVEMENT PROGRAMS

 

 

 

Airport safety, protection, and improvement program

 

$

160,461,900

Detroit Metropolitan Wayne County Airport

 

 

5,850,000

IIJA airport infrastructure grants

 

 

95,000,000

GROSS APPROPRIATION

 

$

261,311,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal aid – transportation programs

 

 

230,000,000

Special revenue funds:

 

 

 

Local funds

 

 

17,500,000

Private funds

 

 

2,000,000

Qualified airport fund

 

 

5,850,000

State aeronautics fund

 

 

5,961,900

State general fund/general purpose

 

$

0

Sec. 118. ONE-TIME ONLY APPROPRIATIONS

 

 

 

Aviation weather station equipment replacement

 

$

3,900,000

Airport infrastructure grants

 

 

25,000,000

Basic marine dock

 

 

700,000

Magnetic roadway sweepers

 

 

350,000

Priority rail grade crossing/separation initiative

 

 

12,000,000

Technical assistance, planning, and IIJA match grants

 

 

25,000,000

Upper Peninsula freight rail infrastructure

 

 

550,000

GROSS APPROPRIATION

 

$

67,500,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Comprehensive transportation fund

 

 

1,250,000

State general fund/general purpose

 

$

66,250,000


 

part 2

provisions concerning appropriations

for fiscal year

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 2022-2023 is $3,971,271,600.00 and state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is $2,387,503,600.00. 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

 

 

684,060,200

County road commissions

 

 

1,226,915,200

Grants to local programs

 

 

33,000,000

Local bridge program

 

 

26,981,600

Local agency wetland mitigation

 

 

2,000,000

Movable bridge

 

 

2,929,200

Rail grade crossing

 

 

1,500,000

Rail grade surface crossing improvements

 

 

3,000,000

Transportation economic development

 

 

39,120,300

Air service program

 

 

50,000

Local bus operating

 

 

201,750,000

Detroit/Wayne County Port Authority

 

 

500,000

Marine passenger service

 

 

1,812,000

Municipal credit program

 

 

2,000,000

Service initiatives

 

 

9,029,400

Specialized services

 

 

9,228,900

Transit capital

 

 

68,076,100

Airport safety, protection, and improvement program

 

 

5,961,900

Detroit Metropolitan Wayne County Airport

 

 

5,850,000

Priority rail grade crossing/separation initiative

 

 

 

12,000,000

Basic marine dock

 

 

700,000

Upper Peninsula freight rail infrastructure

 

 

550,000

Airport infrastructure grants

 

 

25,000,000

Technical assistance, planning, and IIJA match grants

 

 

25,000,000

Total payments to local units of government

 

$

2,387,503,600

 

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) “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) “IIJA” means the infrastructure investment and jobs act, 2021, Public Law 117-58.

(i) “MTF” means Michigan transportation fund.

(j) “SAF” means state aeronautics fund.

(k) “STF” means state trunkline fund.

 

Sec. 204. The department shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement, and it shall include placement of reports on an internet site.

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply:

(a) The 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.

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

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

 

Sec. 206. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure 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 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 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 $40,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 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 $5,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 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 authorization. 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 authorization. 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 information sufficient to provide the senate and house appropriations chairs, the chairpersons of the senate and house appropriations subcommittees on transportation, 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, 2022 and September 30, 2023.

 

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, 2023 are $69,747,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $42,345,600.00. Total agency appropriations for retiree health care legacy costs are estimated at $27,401,500.00.

 

Sec. 215. A department shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the senate or house of representatives or a member’s staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

 

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

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

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

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

(a) Number of employees that were engaged in remote work in 2022.

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

(c) Estimated net cost savings achieved by remote work.

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

 

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

 

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this act, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this act for the particular department, board, commission, officer, or institution.

 

Sec. 219. 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. 220. The department 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 appropriations committees, the senate and house subcommittees on transportation, the joint committee on administrative rules, and the senate and house fiscal agencies.

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

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

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

(c) By February 1, report to the house and senate appropriations subcommittees on transportation, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

 

Sec. 222. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

 

Sec. 223. To the extent possible, the department shall provide notice to the speaker of the house, the house minority leader, the senate majority leader, the senate minority leader, the house and senate standing committees on transportation, the appropriate house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on proposed federal rule changes related to the department that would require amendments to the laws of this state. The notice shall be given within 30 business days of the proposed federal rule being posted to the Federal Register and shall include a description of the proposed federal rule, the publication date, the date when public comment closes, the document citation, and a description of the statutory changes needed when the rule is finalized.

 

Sec. 224. It is the intent of the legislature that departments maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

 

DEPARTMENTAL ADMINISTRATION AND SUPPORT

Sec. 301. The department may establish a fee schedule and collect fees sufficient to cover the costs to issue the permits that the department is authorized by law to issue upon request, unless otherwise stipulated by law. All permit fees are nonrefundable application fees and shall be credited to the appropriate fund to recover the direct and indirect costs of receiving, reviewing, and processing the requests.

Sec. 302. Not later than February 1, 2023, the department shall report to the house and senate appropriations subcommittees on transportation, the house and senate fiscal agencies, and the state budget office on STF debt service. The report must include all of the following:

(a) An accounting of the prior fiscal year’s STF debt service payments, including a calculation of STF debt service payments as a percentage of STF revenue secured by constitutionally restricted revenue.

(b) A projection of STF debt service obligations for the fiscal year ending September 30, 2023, including a calculation of STF debt service obligations as a percentage of estimated STF revenue secured by constitutionally restricted revenue.

(c) A description of all bond sales planned for the fiscal year ending September 30, 2023.

 

Sec. 303. (1) When the department places signs identifying trunkline construction projects as bond-financed, the signs shall identify the total cost of the project and the estimated borrowing costs associated with the bonds used to finance the project. Text and numeric figures identifying estimated borrowing costs associated with bonds used to finance projects shall be the same font and font size as the text and numeric figures identifying trunkline construction projects as bond-financed.

(2) The department must remove all signs identifying trunkline construction projects as bond-financed that are not in compliance with this section.

 

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. The department may permit space on public passenger transportation properties to be occupied by public or private tenants. 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.

 

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 annual comprehensive financial report, each state department receiving funding pursuant to an interdepartment contract with the department shall submit a written report to the department, the state budget director, the house and senate fiscal agencies, and the auditor general stating by spending authorization account the amount of estimated funds contracted with the department, the amount of funds expended, the amount of funds returned to the transportation funds, and any unreimbursed transportation-related costs incurred but not billed to transportation funds.

 

Sec. 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. 308. From the funds appropriated in part 1 for highway maintenance, the department shall initiate a winter maintenance program in accordance with section 11a of 1951 PA 51, MCL 247.661a.

 

Sec. 309. 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 or recycled parts as the primary means of maintenance and repair for the state of Michigan’s fleet of motor vehicles.

 

Sec. 310. The department shall provide in a timely manner copies of the agenda, approved minutes, and audio recording of monthly transportation commission meetings to the members of the house and senate appropriations subcommittees on transportation, the house and senate fiscal agencies, and the state budget director.

Sec. 311. Not later than March 30, 2023, the department shall provide a progress report on the CRRSAA highway infrastructure program - local bridge bundling initiative established in section 113(2) of article 14 of 2021 PA 87, to the senate and house transportation appropriations subcommittees, the state budget director, and the senate and house fiscal agencies.

 

Sec. 312. It is the intent of the legislature that the department prohibit the placement of nondirectional markings on the paved surfaces of public roads or streets of this state and work to remove nondirectional markings when found on the paved surfaces of public roads and streets of this state.

 

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, 2022. The report shall include all of the following:

(a) The balance in the state infrastructure bank at September 30, 2022, 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. 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, 2022. With respect to each department-owned aircraft, the report shall include all of the following:

(a) Total hours of usage.

(b) Description of specific flights including dates of travel, names of passengers including state agency, university, or local government affiliation, travel origin and destination, and total estimated costs associated with the air travel.

(2) The report shall be submitted to the senate and house appropriations subcommittees on transportation, state budget director, and the house and senate fiscal agencies no later than February 1, 2023.

(3) The department shall maintain a system for recovering the cost of operating department-owned aircraft through charges to aircraft users.

 

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 Gordie Howe International Crossing or a renamed successor. In addition, except as provided in subsection (2), the department shall not commit the state to any new contract related to the construction planning or construction of the Gordie Howe International Crossing or a renamed successor that would obligate the state to expend any state transportation revenue. An expenditure for staff resources used in connection with project activities, which expenditure is subject to full and prompt reimbursement from Canada, shall not be considered an expenditure of state transportation revenue.

(2) If the legislature enacts specific enabling legislation for the construction of the Gordie Howe International Crossing or a renamed successor, subsection (1) does not apply once the enabling legislation goes into effect.

 

Sec. 385. (1) The department shall submit monthly reports to the state budget director, the speaker of the house of representatives, the house of representatives minority leader, the senate majority leader, the senate minority leader, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on all of the following:

(a) All expenditures made by the state related to the Gordie Howe Bridge.

(b) All reimbursements made by Canada under section 384(1) of this part to the state for expenditures for staff resources used in connection with project activities.

(c) All eminent domain and condemnation powers used, the related real estate involved in any governmental taking, the price paid for those properties, and the beneficiary’s name or associated corporation.

(2) The initial report required under subsection (1) shall be submitted on or before December 1, 2022. The initial report shall cover the fiscal year ending September 30, 2022.

 

Sec. 386. On or before May 1 of each year, 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 its toll credit program. The report shall include the following information:

(a) The amount of toll credits earned and certified by the DOT-FHWA in the prior fiscal year.

(b) The value of toll credits used by programs and projects in the previous fiscal year.

(c) The balance of available toll credits at the end of the prior fiscal year.

(d) A discussion of the department’s strategy for using toll credits.

 

Sec. 387. (1) Within 90 days of completion of any formal traffic study, formal traffic control study, or formal 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. 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 5 years or more and that actually or contingently obligates the department to make payments over the contract period of $5,000,000.00 or more.

 

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 that 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 the state trunkline network.

 

Sec. 398. The department shall continue to work to eliminate fatalities and serious injuries on the state trunkline network and shall maintain the Toward Zero Deaths statewide safety campaign.

 

Sec. 399. In developing its state trunkline road and bridge construction program, the department shall prioritize spending on capital preventative maintenance. From the funds appropriated in part 1 for state trunkline road and bridge construction, not less than $100,000,000.00 must be allocated for capital preventative maintenance treatments for pavement preservation.

 

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.

 

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) At the close of the fiscal year, funds appropriated in part 1 for the transportation economic development program shall lapse to the transportation economic development fund.

(2) At the close of the fiscal year, funds appropriated in part 1 for the local bridge program shall carry forward and are appropriated for the purposes defined in section 10(5) of 1951 PA 51, MCL 247.660.

(3) Interest earned in the department of transportation economic development fund and local bridge fund shall remain in the respective funds and shall be allocated to the respective programs based on actual interest earned at the end of each fiscal year.

(4) In addition to the funds appropriated in part 1, the department of transportation economic development fund and local bridge fund may receive federal, local, or private funds or restricted source funds such as interest earnings. These funds are appropriated for projects that are consistent with the purposes of the respective funds.

(5) None of the funds statutorily dedicated to the transportation economic development fund and local bridge fund shall be diverted to other projects.

 

Sec. 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. (1) 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.

(2) The department shall review its warranty administration processes, procedures, and associated manuals to ensure that all of the following occur:

(a) Initial notifications of needed corrective action are sent prior to warranty expiration.

(b) Consistent and timely second notifications of needed corrective action are sent if contractors do not respond within 30 days of an initial notification.

(c) The department has an effective process to establish time frames for corrective action completion.

(d) Daily inspector reports on all warranty segments are completed consistently.

(3) The department shall report on the review described in subsection (2) and changes resulting from the review. The department shall submit the report to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies no later than March 31, 2023.

 

Sec. 602. From the funds appropriated in part 1, the department shall study the potential impact of electric vehicle (EV) integration on Michigan transportation fund revenue. The study shall include an analysis of the feasibility of alternate user-based systems as funding sources for the Michigan transportation fund. The department shall report its findings to the house and senate appropriations subcommittees on transportation, the house and senate fiscal agencies, and the state budget office no later than September 30, 2023.

 

Sec. 603. The department shall report to the senate and house appropriations subcommittees on transportation by December 31, 2023 on the operational condition of the Mackinac Bridge, its long-term viability, the costs of preventative maintenance and potential upgrades, and the cost and feasibility of constructing a separate method of transporting commercial, emergency, and passenger vehicle traffic.

 

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. 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.

 

Sec. 613. (1) The funds appropriated in part 1 for magnetic roadway sweepers shall be used to provide department maintenance garages, as needed, with industrial magnet roadway sweepers. As used in this section, “industrial magnet roadway sweeper” means an industrial-strength magnet that mounts to the front of road maintenance vehicles and is used to remove metal debris from roadway and highway shoulders.

(2) Industrial magnet roadway sweepers procured by the department must meet the following specifications:

(a) They must fit or be capable of being retrofitted on existing maintenance vehicles.

(b) The vehicle operator must be able to turn the magnet on and off from inside the vehicle cab.

(c) The magnet must not exceed a 2% loss of magnet life per 100 years.

(3) The department must give preference to vendors headquartered in this state.

 

Sec. 660. (1) The legislature encourages the department to examine the use of alternative road surface materials and develop criteria and specifications for their use in both department-managed and contracted projects.

(2) From funds appropriated in part 1, the department shall establish the Michigan state transportation innovation council to review innovative road materials and innovative road and bridge design and construction specifications. The Michigan state transportation innovation council shall include, but is not limited to, a representative of the DOT-FHWA, an appointee chosen by the speaker of the house of representatives, and an appointee chosen by the senate majority leader.

(3) The department shall report on efforts taken to implement this section. The report shall include descriptions 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.

 

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 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, 2023. The department also shall update and resubmit the final report on or before November 1, 2023.

 

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 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. 707. (1) Before March 1 of each year, the department will provide to the legislature, the state budget office, and the house and senate fiscal agencies its rail strategic plan. The strategic plan shall include, but is not limited to, a rolling 5-year rail plan and summary of the department’s obligations for programs funded under the appropriation in part 1 for rail operations and infrastructure.

(2) The rolling 5-year rail plan shall include, but is not limited to, all of the following:

(a) A listing by county of all rail infrastructure projects on rail lines within the state utilizing state funds, and the estimated cost of each project.

(b) The actual or projected state expenditures for operation of passenger rail service.

(c) The actual or projected state expenditures for maintenance of passenger service rail lines.

(3) The period of the rolling 5-year rail plan includes the current fiscal year and the 4 fiscal years immediately following the current fiscal year.

(4) The summary of the department’s obligations for programs funded under the appropriation in part 1 for rail operations and infrastructure shall include a breakdown of the appropriation by program, year-to-year obligations under each program itemized by project, and an estimate of future obligations under each program itemized by project for the remainder of the fiscal year.

(5) From the funds appropriated in part 1 for rail operations and infrastructure, not less than $21,500,000.00 must be allocated for the support of rail-related economic development projects and rail freight system preservation projects.

 

Sec. 720. It is the intent of the legislature that all transit agencies in Michigan should strive to achieve a farebox recovery rate of not less than 6%.

 

Sec. 735. For the fiscal year ending September 30, 2023, the appropriation to a street railway pursuant to section 10e(22) of 1951 PA 51, MCL 247.660e, is $0.

Sec. 736. No funds from the appropriations in part 1 may be used for a rail freight development project to support the cessation of energy pipeline operations across the Straits of Mackinac.

 

Sec. 752. The legislature encourages the department to meet with representatives of a rail industry trade association to provide information on the availability of rail infrastructure loan and grant funding programs and freight economic development project opportunities.

 

Sec. 753. From the funds appropriated in part 1 for marine passenger service, 60% must be spent on eligible entities servicing multiple destinations. The remaining funds must be spent on eligible entities servicing a single destination.

 

Sec. 757. In developing its rail passenger corridor investment plan, the department shall include both of the following:

(a) An analysis of the feasibility of rail passenger service from New Buffalo, Michigan to Traverse City, Michigan.

(b) Information necessary to advance a project related to the establishment and operation of rail passenger service between Ann Arbor, Michigan and Traverse City, Michigan.

 

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.

 

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 less than 10% is otherwise specified in federal law. State money shall not be allocated until local money is allocated. State money for any 1 project shall not exceed 1/3 of the total appropriation in part 1 from state funds for airport improvement programs.

(3) The Michigan aeronautics commission may take those steps necessary to match federal money available for airport construction and improvement within this state and to meet the matching requirements of the federal government. Whether acting alone or jointly with another political subdivision or public agency or with this state, a political subdivision or public agency of this state shall not submit to any agency of the federal government a project application for airport planning or development unless it is authorized in this part and part 1 and the project application is approved by the governing body of each political subdivision or public agency making the application and by the Michigan aeronautics commission.

 

Sec. 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.

 

ONE-TIME ONLY APPROPRIATIONS

Sec. 1001. Funds appropriated in part 1 for priority rail grade crossing/separation initiative shall be expended by the department to support a grant program for the separation of motor vehicle traffic and railroad traffic in a county with a population of between 1,793,500 and 1,794,000, according to the most recent federal decennial census. Grant funds awarded under this program may be used by local road agencies located in the county for design and construction related to a grade separation project or a project that improves traffic at a rail crossing without a full grade separation including, but not limited to, construction of a rail siding or spur. Projects shall be selected for inclusion in the program subject to available funding and according to the following criteria:

(a) Grade separation projects that will eliminate significant blockages or backups.

(b) Grade separation projects that will have a positive impact on the local economy, safety, and the efficient movement of goods and people.

(c) Any other criteria established by the department.

Sec. 1002. The funds appropriated in part 1 for a basic marine dock project shall be awarded for an installation, grade, and surface preparation project located in a city with a population of between 12,000 and 13,000 and in a county with a population of between 36,800 and 37,000, according to the most recent federal decennial census.

 

Sec. 1003. The funds appropriated in part 1 for Upper Peninsula freight rail infrastructure investment shall be provided to a local county economic development corporation in a county with a population of between 36,000 and 36,800, according to the most recent federal decennial census, for the purpose of replacing aging rail used for freight transportation purposes.

 

Sec. 1004. (1) The funds appropriated in part 1 for technical assistance, planning, and IIJA match grants shall support grants to local units of government and planning organizations for the purpose of providing technical assistance, planning, and match resources to secure federal grants available under the infrastructure investment and jobs act, Public Law 117-58.

(2) The department shall develop program guidelines and selection criteria in consultation with the Michigan infrastructure office.

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

(a) The purpose of the project is to provide technical assistance, planning, and match resources to secure available federal grants.

(b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners.

(c) The estimated cost of the project is $25,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 1005. All one-time funds appropriated in part 1 for airport infrastructure grants shall be allocated to the Wayne County Airport Authority to improve transportation infrastructure and facilitate future economic development.

 

ARTICLE 14

CAPITAL OUTLAY

part 1

line-item appropriations

Sec. 101. There is appropriated for various state departments and agencies and capital outlay purposes to supplement appropriations for the fiscal year ending September 30, 2023, from the following funds:

CAPITAL OUTLAY

 

 

 

APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

487,400,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

487,400,000

Federal revenues:

 

 

 

Total federal revenues

 

 

378,400,000

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

109,000,000

Sec. 102.  STATE AGENCY, COMMUNITY COLLEGE, AND UNIVERSITY CONSTRUCTION AUTHORIZATIONS

 

 

 

Michigan State University - renovation and addition of greenhouses and dairy facilities (total authorized cost $53,000,000; university share $0; state general fund/general purpose share $53,000,000)

 

$

53,000,000

For Fiscal Year

Ending Sept. 30,

2023

Saginaw Valley State University - Brown hall (total authorized cost $28,845,000; university share $7,045,000; state general fund/general purpose share $21,800,000)

 

$

21,800,000

Michigan Veterans Affairs Agency - new Marquette veterans home (total authorized cost $97,600,000; federal share $63,400,000; state general fund/general purpose share $34,200,000)

 

 

97,600,000

Department of technology, management, and budget - new state psychiatric hospital complex (total authorized cost $325,000,000; coronavirus state fiscal recovery fund $325,000,000; state general fund/general purpose share $0)

 

 

315,000,000

GROSS APPROPRIATION

 

$

487,400,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

315,000,000

Federal funds

 

 

63,400,000

State general fund/general purpose

 

$

109,000,000

 

part 2

provisions concerning appropriations

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 ending September 30, 2023 is $109,000,000.00 and total state spending from state sources to be paid to local units of government is $0.00.

 

Sec. 202. The appropriations made and expenditures authorized under this act and the departments, commissions, boards, offices, and programs for which appropriations are made under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

 

ARTICLE 15

SUPPLEMENTAL

part 1

line-item appropriations

FOR FISCAL YEAR 2021-2022

Sec. 101. There is appropriated for various state departments and agencies, the judicial branch, the legislative branch, and capital outlay purposes to supplement appropriations for the fiscal year ending September 30, 2022, from the following funds:

APPROPRIATION SUMMARY

 

 

 

Full-time equated classified positions

17.0

 

 

GROSS APPROPRIATION

 

$

2,214,820,800

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

2,214,820,800

Federal revenues:

 

 

 

Total federal revenues

 

 

3,629,913,300

For Fiscal Year

Ending Sept. 30,

2022

Special revenue funds:

 

 

 

Total local revenues

 

$

(21,948,100)

Total private revenues

 

 

12,200,400

Total other state restricted revenues

 

 

60,191,400

State general fund/general purpose

 

$

(1,465,536,200)

Sec. 102. CAPITAL OUTLAY

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

260,000,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

260,000,000

Federal revenues:

 

 

 

Total federal revenues

 

 

260,000,000

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

0

(2) STATE AGENCY, COMMUNITY COLLEGE, AND UNIVERSITY PLANNING AUTHORIZATIONS

 

 

 

Department of technology, management, and budget - new state psychiatric hospital complex - for program and planning (total authorized cost $10,000,000; coronavirus state fiscal recovery fund share $10,000,000; state general fund/general purpose share $0)

 

$

10,000,000

GROSS APPROPRIATION

 

$

10,000,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

10,000,000

State general fund/general purpose

 

$

0

(3) STATE AGENCY, COMMUNITY COLLEGE, AND UNIVERSITY CONSTRUCTION AUTHORIZATIONS

 

 

 

Department of technology, management, and budget - new comprehensive state public health and environmental science laboratory (total authorized cost $260,000,000; coronavirus state fiscal recovery fund share $260,000,000; state general fund/general purpose share $0)

 

$

250,000,000

GROSS APPROPRIATION

 

$

250,000,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

250,000,000

State general fund/general purpose

 

$

0

Sec. 103. DEPARTMENT OF CIVIL RIGHTS

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

500,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

500,000

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

 

$

500,000

(2) ONE-TIME APPROPRIATIONS

 

 

 

Advocates and leaders for police and community trust

 

$

500,000

GROSS APPROPRIATION

 

$

500,000

For Fiscal Year

Ending Sept. 30,

2022

Appropriated from:

 

 

 

State general fund/general purpose

 

$

500,000

Sec. 104. DEPARTMENT OF CORRECTIONS

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

0

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

0

Federal revenues:

 

 

 

Total federal revenues

 

 

883,000,000

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

(883,000,000)

(2) FIELD OPERATIONS ADMINISTRATION

 

 

 

Field operations

 

$

0

GROSS APPROPRIATION

 

$

0

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

142,609,700

State general fund/general purpose

 

$

(142,609,700)

(3) CORRECTIONAL FACILITIES ADMINISTRATION

 

 

 

Prison food service

 

$

0

Transportation

 

 

0

GROSS APPROPRIATION

 

$

0

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

37,762,800

State general fund/general purpose

 

$

(37,762,800)

(4) HEALTH CARE

 

 

 

Clinical complexes

 

$

0

GROSS APPROPRIATION

 

$

0

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

67,697,900

State general fund/general purpose

 

$

(67,697,900)

(5) CORRECTIONAL FACILITIES

 

 

 

Alger Correctional Facility - Munising

 

$

0

Baraga Correctional Facility - Baraga

 

 

0

Bellamy Creek Correctional Facility - Ionia

 

 

0

Carson City Correctional Facility - Carson City

 

 

0

Central Michigan Correctional Facility - St. Louis

 

 

0

Charles E. Egeler Correctional Facility - Jackson

 

 

0

Chippewa Correctional Facility - Kincheloe

 

 

0

Cooper Street Correctional Facility - Jackson

 

 

0

Earnest C. Brooks Correctional Facility - Muskegon

 

 

0

G. Robert Cotton Correctional Facility - Jackson

 

 

0

Gus Harrison Correctional Facility - Adrian

 

 

0

Ionia Correctional Facility - Ionia

 

 

0

Kinross Correctional Facility - Kincheloe

 

 

0

Lakeland Correctional Facility - Coldwater

 

 

0

Macomb Correctional Facility - New Haven

 

 

0

Marquette Branch Prison - Marquette

 

 

0

For Fiscal Year

Ending Sept. 30,

2022

Michigan Reformatory - Ionia

 

$

0

Muskegon Correctional Facility - Muskegon

 

 

0

Newberry Correctional Facility - Newberry

 

 

0

Oaks Correctional Facility - Eastlake

 

 

0

Parnall Correctional Facility - Jackson

 

 

0

Richard A. Handlon Correctional Facility - Ionia

 

 

0

Saginaw Correctional Facility - Freeland

 

 

0

Special Alternative Incarceration Program - Jackson

 

 

0

St. Louis Correctional Facility - St. Louis

 

 

0

Thumb Correctional Facility - Lapeer

 

 

0

Womens Huron Valley Correctional Complex - Ypsilanti

 

 

0

Woodland Correctional Facility - Whitmore Lake

 

 

0

Northern region administration and support

 

 

0

Southern region administration and support

 

 

0

GROSS APPROPRIATION

 

$

0

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

634,929,600

State general fund/general purpose

 

$

(634,929,600)

Sec. 105. DEPARTMENT OF EDUCATION

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

11,600,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

11,600,000

Federal revenues:

 

 

 

Total federal revenues

 

 

10,300,000

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

1,300,000

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

0

(2) MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

 

 

Camp Tuhsmeheta

 

$

1,300,000

GROSS APPROPRIATION

 

$

1,300,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Gifts, bequests, and donations

 

 

1,300,000

State general fund/general purpose

 

$

0

(3) MICHIGAN OFFICE OF GREAT START

 

 

 

Child development and care public assistance

 

$

(199,080,000)

Child development and care public assistance

 

 

199,080,000

GROSS APPROPRIATION

 

$

0

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

0

State general fund/general purpose

 

$

0

(4) ONE-TIME APPROPRIATIONS

 

 

 

ARP - child care entitlement

 

$

(30,000,000)

ARP - child care entitlement

 

 

30,000,000

ARP - child care stabilization fund

 

 

(700,708,800)

ARP - child care stabilization fund

 

 

700,708,800

ARP - child care stimulus

 

 

(438,107,400)

ARP - child care stimulus

 

 

438,107,400

For Fiscal Year

Ending Sept. 30,

2022

ARP - ESSER administration

 

$

10,300,000

Child care award

 

 

(34,932,300)

Child care award

 

 

34,932,300

CRRSA - child care stimulus

 

 

(292,115,000)

CRRSA - child care stimulus

 

 

292,115,000

GROSS APPROPRIATION

 

$

10,300,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus elementary and secondary school emergency relief fund

 

 

10,300,000

Federal funds

 

 

0

State general fund/general purpose

 

$

0

Sec. 106. DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

6,500,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

6,500,000

Federal revenues:

 

 

 

Total federal revenues

 

 

0

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

6,500,000

State general fund/general purpose

 

$

0

(2) MATERIALS MANAGEMENT DIVISION

 

 

 

Environmental sustainability and stewardship

 

$

6,500,000

GROSS APPROPRIATION

 

$

6,500,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Energy efficiency and renewable energy revolving loan fund

 

 

6,500,000

State general fund/general purpose

 

$

0

Sec. 107. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

Full-time equated classified positions

14.0

 

 

GROSS APPROPRIATION

 

$

1,741,063,300

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

1,741,063,300

Federal revenues:

 

 

 

Total federal revenues

 

 

2,403,946,600

Special revenue funds:

 

 

 

Total local revenues

 

 

(21,948,100)

Total private revenues

 

 

10,525,400

Total other state restricted revenues

 

 

42,694,200

State general fund/general purpose

 

$

(694,154,800)

(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Unclassified salaries

 

$

0

Demonstration projects

 

 

0

Departmental administration and management

 

 

279,300

Property management

 

 

0

Terminal leave payments

 

 

0

Training and program support

 

 

0

Worker’s compensation

 

 

0

GROSS APPROPRIATION

 

$

279,300

For Fiscal Year

Ending Sept. 30,

2022

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

$

(1,588,900)

State general fund/general purpose

 

$

1,868,200

(3) CHILD SUPPORT ENFORCEMENT

 

 

 

Child support enforcement operations

 

$

500,000

GROSS APPROPRIATION

 

$

500,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

333,300

State general fund/general purpose

 

$

166,700

(4) COMMUNITY SERVICES AND OUTREACH

 

 

 

Full-time equated classified positions

15.0

 

 

Bureau of community services and outreach—FTEs

3.0

$

0

Community services and outreach administration—FTE

1.0

 

2,617,800

Weatherization assistance - IIJA—FTEs

11.0

 

20,000,000

GROSS APPROPRIATION

 

$

22,617,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Capped federal revenues

 

 

20,106,900

Total other federal revenues

 

 

1,367,900

Social security act, temporary assistance for needy families

 

 

120,100

State general fund/general purpose

 

$

1,022,900

(5) CHILDREN’S SERVICES AGENCY - CHILD WELFARE

 

 

 

Adoption subsidies

 

$

(1,426,800)

Adoption support services

 

 

0

Child care fund

 

 

(28,548,700)

Child protection

 

 

1,000,000

Child welfare field staff - noncaseload compliance

 

 

0

Child welfare institute

 

 

0

Child welfare licensing

 

 

0

Children’s protective services - caseload staff

 

 

0

Children’s protective services supervisors

 

 

0

Children’s services administration

 

 

1,219,000

Children’s trust fund

 

 

68,800

Contractual services, supplies, and materials

 

 

0

Education planners

 

 

0

Family preservation and prevention services administration

 

 

0

Family preservation programs

 

 

0

Foster care payments

 

 

(26,600,900)

Foster care services - caseload staff

 

 

0

Foster care services supervisors

 

 

0

Guardianship assistance program

 

 

(22,300)

Peer coaches

 

 

0

Performance based funding implementation

 

 

0

Permanency resource managers

 

 

0

Prosecuting attorney contracts

 

 

0

Raise the age fund

 

 

4,000,000

Second line supervisors and technical staff

 

 

0

Settlement monitor

 

 

0

Title IV-E compliance and accountability office

 

 

0

Youth in transition

 

 

0

GROSS APPROPRIATION

 

$

(50,310,900)

For Fiscal Year

Ending Sept. 30,

2022

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Capped federal revenues

 

$

(5,078,800)

Total other federal revenues

 

 

(24,706,700)

Social security act, temporary assistance for needy families

 

 

(4,027,100)

Special revenue funds:

 

 

 

Local funds - county chargeback

 

 

(4,258,200)

Total other state restricted revenues

 

 

2,000,000

State general fund/general purpose

 

$

(14,240,100)

(6) CHILDREN’S SERVICES AGENCY - JUVENILE JUSTICE

 

 

 

County juvenile officers

 

$

73,300

GROSS APPROPRIATION

 

$

73,300

Appropriated from:

 

 

 

State general fund/general purpose

 

$

73,300

(7) PUBLIC ASSISTANCE

 

 

 

Family independence program

 

$

(3,394,400)

Food assistance program benefits

 

 

1,505,716,600

State disability assistance payments

 

 

273,300

State supplementation

 

 

(2,483,100)

GROSS APPROPRIATION

 

$

1,500,112,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

1,505,716,600

Social security act, temporary assistance for needy families

 

 

(3,394,400)

Special revenue funds:

 

 

 

Public assistance recoupment revenue

 

 

62,200

State general fund/general purpose

 

$

(2,272,000)

(8) FIELD OPERATIONS AND SUPPORT SERVICES

 

 

 

Administrative support workers

 

$

0

Contractual services, supplies, and materials

 

 

0

Field policy and administration

 

 

0

Field staff travel

 

 

0

Public assistance field staff

 

 

0

GROSS APPROPRIATION

 

$

0

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

(2,071,800)

State general fund/general purpose

 

$

2,071,800

(9) BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS

 

 

 

Behavioral health program administration

 

$

3,800,000

Family support subsidy

 

 

(795,300)

Opioid response activities

 

 

16,000,000

GROSS APPROPRIATION

 

$

19,004,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Social security act, temporary assistance for needy families

 

 

(795,300)

Special revenue funds:

 

 

 

Total private revenues

 

 

3,800,000

Total other state restricted revenues

 

 

16,000,000

State general fund/general purpose

 

$

0

(10) BEHAVIORAL HEALTH SERVICES

 

 

 

Autism services

 

$

(51,656,900)

Certified community behavioral health clinic demonstration

 

 

73,669,500

Health homes

 

 

11,700,400

For Fiscal Year

Ending Sept. 30,

2022

Healthy Michigan plan - behavioral health

 

$

(25,923,000)

Medicaid mental health services

 

 

(55,900,100)

Medicaid substance use disorder services

 

 

(67,100)

GROSS APPROPRIATION

 

$

(48,177,200)

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

120,385,100

Special revenue funds:

 

 

 

Total other state restricted revenues

 

 

6,708,500

State general fund/general purpose

 

$

(175,270,800)

(11) STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES

 

 

 

Caro Regional Mental Health Center - psychiatric hospital - adult

 

$

(4,000,000)

Center for forensic psychiatry

 

 

(800,000)

Hawthorn Center - psychiatric hospital - children and adolescents

 

 

4,000,000

Kalamazoo Psychiatric Hospital - adult

 

 

(4,200,000)

Walter P. Reuther Psychiatric Hospital - adult

 

 

5,000,000

GROSS APPROPRIATION

 

$

0

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

1,267,200

Special revenue funds:

 

 

 

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

(1,267,200)

(12) HEALTH AND HUMAN SERVICES POLICY AND INITIATIVES

 

 

 

Full-time equated classified positions

(1.0)

 

 

Policy and planning administration—FTE

(1.0)

$

(2,617,800)

Rural health services

 

 

(1,380,500)

GROSS APPROPRIATION

 

$

(3,998,300)

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Capped federal revenues

 

 

(106,900)

Total other federal revenues

 

 

(2,755,800)

Social security act, temporary assistance for needy families

 

 

(120,100)

State general fund/general purpose

 

$

(1,015,500)

(13) EPIDEMIOLOGY, EMERGENCY MEDICAL SERVICES, AND LABORATORY

 

 

 

Epidemiology administration

 

$

400,000

Healthy homes program

 

 

0

GROSS APPROPRIATION

 

$

400,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

524,000

Special revenue funds:

 

 

 

Total other state restricted revenues

 

 

400,000

State general fund/general purpose

 

$

(524,000)

(14) LOCAL HEALTH AND ADMINISTRATIVE SERVICES

 

 

 

AIDS prevention, testing, and care programs

 

$

1,181,600

Public health administration

 

 

(279,300)

Sexually transmitted disease control program

 

 

2,000,000

Smoking prevention program

 

 

500,000

GROSS APPROPRIATION

 

$

3,402,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

1,681,600

For Fiscal Year

Ending Sept. 30,

2022

Special revenue funds:

 

 

 

Total private revenues

 

$

2,000,000

State general fund/general purpose

 

$

(279,300)

(15) FAMILY HEALTH SERVICES

 

 

 

Child and adolescent health care and centers

 

$

3,000,000

Family, maternal, and child health administration

 

 

170,000

Pregnancy prevention program

 

 

(170,000)

Women, infants, and children program administration and special projects

 

 

883,300

GROSS APPROPRIATION

 

$

3,883,300

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Total local revenues

 

 

3,000,000

Total private revenues

 

 

883,300

State general fund/general purpose

 

$

0

(16) CHILDREN’S SPECIAL HEALTH CARE SERVICES

 

 

 

Medical care and treatment

 

$

(22,275,400)

GROSS APPROPRIATION

 

$

(22,275,400)

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

(2,656,700)

Special revenue funds:

 

 

 

Total private revenues

 

 

(200,000)

State general fund/general purpose

 

$

(19,418,700)

(17) AGING AND ADULT SERVICES AGENCY

 

 

 

Aging and adult services administration

 

$

1,000,000

Community services

 

 

1,000,000

Nutrition services

 

 

1,500,000

GROSS APPROPRIATION

 

$

3,500,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

3,500,000

State general fund/general purpose

 

$

0

(18) MEDICAL SERVICES

 

 

 

Adult home help services

 

$

8,634,700

Ambulance services

 

 

(2,077,500)

Auxiliary medical services

 

 

(146,000)

Dental services

 

 

40,062,100

Federal Medicare pharmaceutical program

 

 

14,348,600

Health plan services

 

 

202,945,400

Healthy Michigan plan

 

 

184,592,600

Home health services

 

 

(61,700)

Hospice services

 

 

(5,714,700)

Hospital disproportionate share payments

 

 

0

Hospital services and therapy

 

 

(35,632,600)

Integrated care organizations

 

 

23,211,600

Long-term care services

 

 

(195,632,800)

Maternal and child health

 

 

(3,054,800)

Medicaid home- and community-based services waiver

 

 

(13,281,400)

Medicare premium payments

 

 

59,319,600

Personal care services

 

 

(542,000)

Pharmaceutical services

 

 

26,940,800

Physician services

 

 

(43,139,300)

Program of all-inclusive care for the elderly

 

 

(6,338,600)

For Fiscal Year

Ending Sept. 30,

2022

School-based services

 

$

(7,161,400)

Special Medicaid reimbursement

 

 

(30,047,000)

Transportation

 

 

371,100

GROSS APPROPRIATION

 

$

217,596,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

747,768,600

Special revenue funds:

 

 

 

Total local revenues

 

 

(20,689,900)

Total private revenues

 

 

4,042,100

Total other state restricted revenues

 

 

17,523,500

State general fund/general purpose

 

$

(531,047,600)

(19) INFORMATION TECHNOLOGY

 

 

 

Comprehensive child welfare information system

 

$

0

Information technology services and projects

 

 

0

Michigan statewide automated child welfare information system

 

 

0

GROSS APPROPRIATION

 

$

0

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Total other federal revenues

 

 

(977,500)

State general fund/general purpose

 

$

977,500

(20) ONE-TIME APPROPRIATIONS

 

 

 

ARP - expanding public health workforce within aging network

 

$

1,257,800

ARP - family violence prevention and services program COVID-19 testing, vaccines, and mobile health units access

 

 

9,986,000

ARP - maternal, infant, and early childhood home visiting program

 

 

1,892,100

ARP - SHIP expanding public health workforce within aging network

 

 

116,800

ARP - TANF pandemic emergency assistance fund

 

 

19,001,800

Child caring institution non-contracted rates

 

 

15,000,000

COVID-19 ELC environmental public health emergency response

 

 

300,000

COVID-19 ELC special projects

 

 

474,600

COVID-19 elder justice - aging and field services

 

 

5,498,500

Emergency medical services scholarships and grants

 

 

30,000,000

Family violence prevention and services

 

 

3,595,700

Federal COVID immunization and vaccine grant

 

 

7,332,000

GROSS APPROPRIATION

 

$

94,455,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Capped federal revenues

 

 

9,986,000

Social security act, temporary assistance for needy families

 

 

19,001,800

Total other federal revenues

 

 

20,467,500

State general fund/general purpose

 

$

45,000,000

Sec. 108. JUDICIARY

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

7,000,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

7,000,000

Federal revenues:

 

 

 

Total federal revenues

 

 

6,945,000

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

0

For Fiscal Year

Ending Sept. 30,

2022

State general fund/general purpose

 

$

55,000

(2) SUPREME COURT

 

 

 

Foster care review board

 

$

0

GROSS APPROPRIATION

 

$

0

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, title IV-E foster care program

 

 

(55,000)

State general fund/general purpose

 

$

55,000

(3) ONE-TIME APPROPRIATIONS

 

 

 

ARP - trial court backlog

 

$

7,000,000

GROSS APPROPRIATION

 

$

7,000,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

7,000,000

State general fund/general purpose

 

$

0

Sec. 109. DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

Full-time equated classified positions

3.0

 

 

GROSS APPROPRIATION

 

$

43,840,400

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

43,840,400

Federal revenues:

 

 

 

Total federal revenues

 

 

27,340,400

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

16,500,000

(2) EMPLOYMENT SERVICES

 

 

 

Full-time equated classified positions

3.0

 

 

Workers’ compensation board of magistrates—FTEs

3.0

$

500,000

GROSS APPROPRIATION

 

$

500,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

500,000

(3) ONE-TIME APPROPRIATIONS

 

 

 

ARP - coronavirus economic development administration state tourism grant

 

$

10,307,400

Broadband equity, access, and deployment

 

 

5,000,000

Community development block grant - disaster recovery

 

 

12,033,000

Corrections officer post-secondary grants

 

 

5,000,000

Michigan one-time grant

 

 

11,000,000

GROSS APPROPRIATION

 

$

43,340,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

15,307,400

HUD-CPD, community development block grant

 

 

12,033,000

State general fund/general purpose

 

$

16,000,000

Sec. 110. LEGISLATURE

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

2,200,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

2,200,000

Federal revenues:

 

 

 

Total federal revenues

 

 

0

For Fiscal Year

Ending Sept. 30,

2022

Special revenue funds:

 

 

 

Total local revenues

 

$

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

2,200,000

(2) LEGISLATIVE COUNCIL

 

 

 

Independent citizens redistricting commission

 

$

2,200,000

GROSS APPROPRIATION

 

$

2,200,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

2,200,000

Sec. 111. DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

1,125,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

1,125,000

Federal revenues:

 

 

 

Total federal revenues

 

 

625,000

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

500,000

(2) ONE-TIME APPROPRIATIONS

 

 

 

COVID-19 survey activities

 

$

625,000

Michigan-Indiana border survey

 

 

500,000

GROSS APPROPRIATION

 

$

1,125,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS-Medicare, certification of health care providers and suppliers

 

 

625,000

State general fund/general purpose

 

$

500,000

Sec. 112. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

251,400

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

251,400

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

 

$

251,400

(2) MICHIGAN VETERANS’ FACILITY AUTHORITY

 

 

 

Chesterfield Township home for veterans

 

$

50,300

Grand Rapids home for veterans

 

 

201,100

GROSS APPROPRIATION

 

$

251,400

Appropriated from:

 

 

 

State general fund/general purpose

 

$

251,400

Sec. 113. DEPARTMENT OF NATURAL RESOURCES

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

14,864,900

For Fiscal Year

Ending Sept. 30,

2022

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

$

0

ADJUSTED GROSS APPROPRIATION

 

$

14,864,900

Federal revenues:

 

 

 

Total federal revenues

 

 

7,756,300

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

6,263,200

State general fund/general purpose

 

$

845,400

(2) COMMUNICATION AND CUSTOMER SERVICES

 

 

 

Marketing and outreach

 

$

241,600

Michigan historical center

 

 

187,900

GROSS APPROPRIATION

 

$

429,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

106,300

Special revenue funds:

 

 

 

Game and fish protection fund

 

 

74,900

Park improvement fund

 

 

60,400

Recreation passport fees

 

 

187,900

State general fund/general purpose

 

$

0

(3) WILDLIFE MANAGEMENT

 

 

 

Wildlife management

 

$

100,000

GROSS APPROPRIATION

 

$

100,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

100,000

(4) FISHERIES MANAGEMENT

 

 

 

Fish production

 

$

7,700

Fisheries resource management

 

 

37,700

GROSS APPROPRIATION

 

$

45,400

Appropriated from:

 

 

 

State general fund/general purpose

 

$

45,400

(5) LAW ENFORCEMENT

 

 

 

General law enforcement

 

$

380,000

GROSS APPROPRIATION

 

$

380,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

380,000

(6) PARKS AND RECREATION DIVISION

 

 

 

Forest recreation and trails

 

$

310,600

Recreational boating

 

 

333,300

State parks

 

 

5,526,100

GROSS APPROPRIATION

 

$

6,170,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Forest recreation account

 

 

297,000

Michigan state waterways fund

 

 

297,000

Park improvement fund

 

 

5,346,000

State general fund/general purpose

 

$

230,000

(7) FOREST RESOURCES DIVISION

 

 

 

Forest management and timber market development

 

$

63,000

Wildfire protection

 

 

27,000

GROSS APPROPRIATION

 

$

90,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

90,000

For Fiscal Year

Ending Sept. 30,

2022

(8) ONE-TIME APPROPRIATIONS

 

 

 

Shooting range development, enhancement, and restoration

 

$

7,650,000

GROSS APPROPRIATION

 

$

7,650,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

7,650,000

State general fund/general purpose

 

$

0

Sec. 114. DEPARTMENT OF STATE

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

600,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

600,000

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

 

$

600,000

(2) ELECTION REGULATION

 

 

 

Election administration and services

 

$

600,000

GROSS APPROPRIATION

 

$

600,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

600,000

Sec. 115. DEPARTMENT OF STATE POLICE

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

79,441,800

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

79,441,800

Federal revenues:

 

 

 

Total federal revenues

 

 

30,000,000

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

25,000

Total other state restricted revenues

 

 

1,550,000

State general fund/general purpose

 

$

47,866,800

(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Departmentwide

 

$

2,766,800

Mobile office and system support

 

 

2,000,000

GROSS APPROPRIATION

 

$

4,766,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ

 

 

2,000,000

State general fund/general purpose

 

$

2,766,800

(3) LAW ENFORCEMENT

 

 

 

Criminal justice information center

 

$

550,000

GROSS APPROPRIATION

 

$

550,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Traffic crash revenue

 

 

550,000

State general fund/general purpose

 

$

0

For Fiscal Year

Ending Sept. 30,

2022

(4) MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

 

 

 

Public safety officers benefit fund

 

$

400,000

GROSS APPROPRIATION

 

$

400,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

400,000

(5) FIELD SERVICES

 

 

 

Investigative services

 

$

770,000

GROSS APPROPRIATION

 

$

770,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Bottle bill enforcement fund

 

 

770,000

State general fund/general purpose

 

$

0

(6) SPECIALIZED SERVICES

 

 

 

Commercial vehicle enforcement

 

$

5,230,000

Highway safety planning

 

 

25,000

GROSS APPROPRIATION

 

$

5,255,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOT

 

 

5,000,000

Special revenue funds:

 

 

 

Private donations

 

 

25,000

Bottle bill enforcement fund

 

 

230,000

State general fund/general purpose

 

$

0

(7) ONE-TIME APPROPRIATIONS

 

 

 

ARP - community policing competitive grant program

 

$

11,000,000

ARP - community policing grants

 

 

4,500,000

ARP - police athletic league

 

 

7,500,000

Disaster and emergency contingency fund

 

 

6,000,000

Michigan commission on law enforcement standards certification fees

 

 

2,700,000

Narcotics teams/task force - training and equipment

 

 

3,000,000

Public safety academy assistance programs

 

 

30,000,000

Traffic stop data collection enhancement

 

 

3,000,000

GROSS APPROPRIATION

 

$

67,700,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

23,000,000

State general fund/general purpose

 

$

44,700,000

Sec. 116. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

18,984,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

18,984,000

Federal revenues:

 

 

 

Total federal revenues

 

 

0

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

3,184,000

State general fund/general purpose

 

$

15,800,000

(2) ONE-TIME APPROPRIATIONS

 

 

 

Communications radios and towers

 

$

8,800,000

Michigan-Indiana border survey

 

 

(500,000)

For Fiscal Year

Ending Sept. 30,

2022

Michigan public safety communications system towers and equipment

 

$

5,000,000

MiLogin

 

 

2,500,000

PFAS remediation

 

 

3,184,000

GROSS APPROPRIATION

 

$

18,984,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

State site cleanup fund

 

 

3,184,000

State general fund/general purpose

 

$

15,800,000

Sec. 117. STATE DEPARTMENT OF TRANSPORTATION

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

12,350,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

12,350,000

Federal revenues:

 

 

 

Total federal revenues

 

 

0

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

350,000

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

12,000,000

(2) AERONAUTICS SERVICES

 

 

 

Aviation services

 

$

350,000

GROSS APPROPRIATION

 

$

350,000

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Private funds

 

 

350,000

State general fund/general purpose

 

$

0

(3) CAPITAL OUTLAY - AIRPORT IMPROVEMENT PROGRAMS

 

 

 

IIJA airport infrastructure grants

 

$

12,000,000

GROSS APPROPRIATION

 

$

12,000,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

12,000,000

Sec. 118. DEPARTMENT OF TREASURY

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

14,500,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

14,500,000

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

 

$

14,500,000

(2) ONE-TIME APPROPRIATIONS

 

 

 

Fire gear equipment grants

 

 

12,000,000

Wrongful imprisonment compensation fund

 

 

2,500,000

GROSS APPROPRIATION

 

$

14,500,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

14,500,000


 

part 2

provisions concerning appropriations

for fiscal year 2021-2022

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 the fiscal year ending September 30, 2022 is ($1,405,344,800.00) and total state spending from state sources to be paid to local units of government is ($171,122,200.00). The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

 

Child care fund

 

$

(24,266,400)

Raise the age fund

 

 

4,000,000

County juvenile officers

 

 

73,300

Autism services

 

 

(30,904,900)

Healthy Michigan plan - behavioral health

 

 

(270,400)

Medicaid mental health services

 

 

(154,283,600)

Medicaid substance use disorder services

 

 

(3,870,200)

 

 

$

(209,522,200)

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

 

 

 

Corrections officer post-secondary grants

 

$

5,000,000

 

 

$

5,000,000

DEPARTMENT OF STATE

 

 

 

Election administration and services

 

$

600,000

 

 

$

600,000

DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET

 

 

 

Communications radios and towers

 

$

8,800,000

 

 

$

8,800,000

STATE DEPARTMENT OF TRANSPORTATION

 

 

 

IIJA airport infrastructure grants

 

$

12,000,000

 

 

$

12,000,000

DEPARTMENT OF TREASURY

 

 

 

Fire gear equipment grants

 

$

12,000,000

 

 

$

12,000,000

TOTAL

 

$

(171,122,200)

Sec. 202. The appropriations made and expenditures authorized under this part and the departments, commissions, boards, offices, and programs for which appropriations are made 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. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this act, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, inter-transfer funds within this act for the particular department, board, commission, office, or institution.

 

Sec. 204. Funds appropriated in part 1 are subject to applicable federal audit and reporting requirements. Prompt action shall be taken if instances of noncompliance are identified, including noncompliance identified in an audit finding. If any instance of noncompliance is identified, including noncompliance identified in an audit finding, the state budget director shall take necessary and immediate action to rectify it. The state budget director shall notify the senate and house appropriations committees and the senate and house fiscal agencies when an instance of noncompliance is identified.

 

Sec. 205. Funds appropriated in part 1 from the federal American rescue plan act of 2021, Public Law 117-2, must be allocated and expended in a manner consistent with federal rules and regulations.

 

Sec. 206. The state budget director shall report on the status of funds appropriated in part 1, and all funds appropriated related to the coronavirus relief effort, to the senate and house appropriations committees and the senate and house fiscal agencies on a monthly basis until all funds are exhausted.

CAPITAL OUTLAY

Sec. 301. (1) From the funds appropriated in part 1 for planning authorizations, for the new state psychiatric hospital complex, the department of technology, management, and budget shall support the program and planning of a new complex of inpatient psychiatric facilities that will include both of the following:

(a) A new, standalone, state-operated hospital to provide intensive inpatient psychiatric services to children and adolescents.

(b) A new, standalone, state-operated hospital to provide intensive inpatient psychiatric services to adults.

(2) These hospitals shall be separate and distinct facilities and shall not make use of any living or programmatic space for services that includes both children and adults. The complex, however, may include shared administrative and support facilities for the efficient provision of central services, including, but not limited to, food service, laundry, pharmacy, utility services, and maintenance in support of each hospital facility.

(3) The department of technology, management, and budget, in coordination with the department of health and human services, shall submit all of the following to the senate and house appropriations committees and to the joint capital outlay subcommittee:

(a) Program statements and schematic planning documents for the facilities once preliminary design is complete.

(b) A progress report every 3 months until project completion, with the first progress report due no later than December 31, 2022.

 

DEPARTMENT OF CIVIL RIGHTS

Sec. 351. (1) From the funds appropriated in part 1 for advocates and leaders for police and community trust, the department shall provide and administer grants to local existing advocates and leaders for police and community trust (ALPACT) coalitions to examine issues affecting police and community relations and to promote trust between law enforcement and the communities they serve.

(2) The unexpended funds appropriated in part 1 for advocates and leaders for police and community trust are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has 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 support local existing ALPACT coalitions.

(b) The project will be accomplished by utilizing state employees, contracts with vendors and individuals, or both.

(c) The total estimated cost of the project is $500,000.00.

(d) The tentative completion date is September 30, 2026.

 

DEPARTMENT OF EDUCATION

Sec. 401. From the funds appropriated in part 1 for child development and care public assistance, CRRSA – child care stimulus, ARP – child care stimulus, child care award, or ARP – child care entitlement, the department shall implement a biweekly block reimbursement rate schedule through the following block segments:

(a) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for between 1 to 30 hours, shall be reimbursed as 30 hours.

(b) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for between 31 to 60 hours, shall be reimbursed as 60 hours (part-time rate).

(c) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for between 61 to 90 hours, shall be reimbursed as 90 hours (full-time rate).

(d) The block segment for a biweekly block reimbursement rate schedule for license exempt providers shall be reimbursed at their current hourly reimbursement rates.

 

Sec. 402. (1) From the funds appropriated in part 1 for ARP – child care stimulus, ARP – child care entitlement, or child care award, $3,000,000.00 shall be used for a pilot program that provides quality support to Michigan providers who seek to adopt business practices that best serve Michigan families.

(2) An eligible recipient of funds under this section must partner with the department of licensing and regulatory affairs and stakeholders to conduct market research of current family-, group-, and center-based child care providers to provide recommendations on ways to streamline the licensing processes for new providers and to provide technical assistance to new, expanding, or existing child care providers.

(3) In order to be eligible for funding under this section, the recipient must agree to do all of the following:

(a) Develop technical assistance materials aimed at assisting family, group, and center child care providers and prospective providers through the licensing processes, health and safety requirements, entrepreneurship, and curriculum development.

(b) Develop informational materials that assist family, group, and center child care providers with marketing, advertising, and parental outreach.

(c) Provide a software platform, including customizable dashboards, to assist family, group, and center child care providers with marketing, enrollment, family communication, billing, and expense reporting.

(4) As a condition of receiving funds appropriated in part 1, recipients must report to the department all necessary information to meet state and federal reporting requirements in law and regulations. This information must be reported in a form and manner determined by the department.

 

Sec. 403. From the funds appropriated in part 1 for ARP - child care entitlement and child care award, $3,000,000.00 shall be used by the department to work in collaboration with the department of health and human services to continue the network of infant and early childhood mental health consultation, which provides mental health consultation to child care providers.

 

Sec. 404. From the funds appropriated in part 1 for CRRSA – child care stimulus, ARP – child care stimulus, child care award, or ARP – child care entitlement, beginning on the first full biweekly pay period of the fiscal year ending September 30, 2022 and ending on the final full biweekly pay period of the fiscal year ending September 30, 2023, the department shall pay on a family’s behalf the child development and care program’s required family contribution.

 

Sec. 405. The unexpended funds appropriated in part 1 for ARP – child care entitlement are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has 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 all of the following:

(i) An expanded entrance eligibility threshold.

(ii) An increase to provider reimbursement rates.

(iii) Payments based on enrollment rather than attendance.

(iv) Early childhood mental health consultation.

(v) Quality support for the implementation of business practices that best serve Michigan families.

(b) The project shall be accomplished by the department and the department of health and human services.

(c) The total estimated cost of the project is $30,000,000.00.

(d) The tentative completion date is September 30, 2023.

 

Sec. 406. The unexpended funds appropriated in part 1 for ARP - child care stabilization fund are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has 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 stabilization grants to child care providers and support to new and expanding child care providers.

(b) The project shall be accomplished by the department.

(c) The total estimated cost of the project is $700,708,800.00.

(d) The tentative completion date is September 30, 2023.

 

Sec. 407. The unexpended funds appropriated in part 1 for ARP – child care stimulus are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has 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 all of the following:

(i) An expanded entrance eligibility threshold.

(ii) An increase to provider reimbursement rates.

(iii) Payments based on enrollment rather than attendance.

(iv) Support to new and expanding child care providers.

(v) Additional pay based on provider reimbursement rates.

(vi) Bonus pay for child care workers.

(vii) Contracts for infant and toddler slots.

(viii) Administrative funding for the department.

(ix) Co-pays for eligible families.

(x) Quality support for the implementation of business practices that best serve Michigan families.

(b) The project shall be accomplished by the department.

(c) The total estimated cost of the project is $438,107,400.00.

(d) The tentative completion date is September 30, 2023.

 

Sec. 408. (1) From the funds appropriated in part 1 for CRRSA – child care stimulus, ARP – child care stimulus, child care award, ARP - child care stabilization fund, or ARP – child care entitlement, the department shall administer at least 1 new round of grants through the child care stabilization grant program to provide grants to eligible providers in this state. Providers are eligible to apply for subgrant funds under this section if they are eligible under federal guidance and are currently operating or have temporarily closed due to COVID-19. The first additional round of funding must be awarded before September 30, 2022. Awards are dependent on availability of federal funding and may change after the initial award notification from the department to reflect available federal revenues.

(2) Providers receiving subgrants under this section must use the funds for allowable uses defined in the American rescue plan act of 2021, Public Law 117-2, or division M of the consolidated appropriations act, 2021, Public Law 116-260. In addition, providers receiving subgrants under this section shall comply with reporting requirements as determined by the department.

 

Sec. 409. From the funds appropriated in part 1 for ARP - ESSER administration, $10,300,000.00 shall be used by the department to provide administrative assistance and monitoring oversight of this state’s public schools utilizing ARP ESSER funding as required by the United States Department of Education and to identify ways to address students’ academic and mental health needs, and to address learning loss in this state due to the COVID-19 pandemic. At least 50% of the funds allocated under this section must be used for direct services to districts to address students’ academic and mental health needs.

 

Sec. 410. The unexpended funds appropriated in part 1 for ARP – ESSER administration are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has 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 all of the following:

(i) Provide administrative assistance and monitoring oversight of this state’s public schools utilizing ARP ESSER funding.

(ii) Identify strategies to address students’ academic and mental health needs, and to address learning loss in this state due to the COVID-19 pandemic.

(b) The project shall be administered by the department.

(c) The total estimated cost of the project is $10,300,000.00.

(d) The tentative completion date is September 30, 2024.

 

Sec. 411. The unexpended funds appropriated in part 1 for child care award are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has 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 all of the following:

(i) An expanded entrance eligibility threshold.

(ii) An increase to provider reimbursement rates.

(iii) Payments based on enrollment rather than attendance.

(iv) Early childhood mental health consultation.

(v) Quality support for the implementation of business practices that best serve Michigan families.

(b) The project shall be accomplished by the department and the department of health and human services.

(c) The total estimated cost of the project is $34,932,300.00.

(d) The tentative completion date is September 30, 2023.

 

Sec. 412. The unexpended funds appropriated in part 1 for CRRSA – child care stimulus are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has 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 all of the following:

(i) An expanded entrance eligibility threshold.

(ii) An increase to provider reimbursement rates.

(iii) Payments based on enrollment rather than attendance.

(iv) Stabilization grants to child care providers.

(v) Additional pay based on provider reimbursement rates.

(vi) Bonus pay for child care workers.

(vii) Contracts for infant and toddler slots.

(viii) Administrative funding for the department.

(b) The project shall be accomplished by the department.

(c) The total estimated cost of the project is $292,115,000.00.

(d) The tentative completion date is September 30, 2023.

 

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

Sec. 451. The unexpended funds appropriated in part 1 for environmental sustainability and stewardship are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to provide grant assistance to this state’s public and private sectors as approved by the federal Department of Energy.

(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 $6,500,000.00.

(d) The tentative completion date is September 30, 2026.

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Sec. 501. The unexpended funds appropriated in part 1 for weatherization assistance - IIJA are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has 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 reduce energy costs for low-income families, particularly for the elderly, people with disabilities, and children, while ensuring their health and safety.

(b) The project will be accomplished through grants to community action agencies with oversight by the department.

(c) The total estimated cost of the project is $20,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 503. The unexpended funds appropriated in part 1 for ARP - TANF pandemic emergency assistance fund are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to provide certain nonrecurrent, short-term benefits, including emergency assistance and diversion payments, emergency housing and short-term homelessness assistance, emergency food aid, short-term utilities payments, burial assistance, clothing allowances, and back-to-school payments.

(b) The project will be accomplished by utilizing state employees or contracts with services providers, or both.

(c) The total estimated cost of the project is $19,001,800.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 504. The unexpended funds appropriated in part 1 for child caring institution non-contracted rates are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to support costs associated with child- and program-specific, noncontracted rates determined appropriate to serve children in licensed child caring institutions.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The total estimated cost of the project is $15,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 505. The unexpended funds appropriated in part 1 for COVID-19 ELC environmental public health emergency response are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to enhance innovation and capabilities of the environmental public health tracking network in Michigan.

(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 $300,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 506. The unexpended funds appropriated in part 1 for COVID-19 ELC special projects are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to strengthen public health lab preparedness and capacity, improve health information systems, and support the Center for Disease Control traveler’s health program.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The total estimated cost of the project is $474,600.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 507. (1) From the funds appropriated in part 1 for emergency medical services scholarships and grants, the department shall work with the department of treasury to establish, implement, and operate a scholarship and grant program to be used for training people in emergency medical services to address the critical shortage of paramedics statewide. The program must also make scholarships available for high school students who want to train for a career in emergency medical services. The program must also allow all state-approved emergency medical services education programs to apply for grants to train licensed emergency medical services personnel.

(2) In developing the scholarship and grant program described in this section, the department shall do all of the following:

(a) Review the critical shortage of paramedics statewide.

(b) Communicate the availability of funding under this section to school districts across the state and request the school districts to inform high school students of the scholarship opportunity.

(c) Communicate the availability of funding under this section to cities, villages, townships, and counties so those entities may assess whether personnel could be trained to become paramedics.

(d) Award funding on a geographically diverse basis.

(e) Award funding that maximizes the number of people that train to become paramedics, while acknowledging differences in training costs, and while improving the status of the critical shortage statewide.

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

(a) The purpose of the project is to train people in emergency medical services to address the critical shortage of paramedics statewide.

(b) The project will be accomplished by utilizing state employees, contracts with service providers, or local partners.

(c) The estimated cost of the project is $30,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 508. The unexpended funds appropriated in part 1 for family violence prevention and services are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to make immediate crisis intervention and safety planning services available to victims of domestic violence.

(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 $3,595,700.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 509. The unexpended funds appropriated in part 1 for federal COVID immunization and vaccine grant are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to increase COVID-19 vaccination capacity, facilitate safe administration and equitable distribution of COVID-19 vaccines, increase vaccine confidence through education, outreach, and partnerships, and implement community engagement strategies to promote COVID-19 vaccination efforts.

(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 $7,332,000.00.

(d) The tentative completion date is September 30, 2026.

 

JUDICIARY

Sec. 551. (1) The funds appropriated for ARP - trial court backlog must be used to create a virtual backlog response docket supporting visiting judges and other costs to help reduce the backlog of criminal cases awaiting in-person proceedings in local courts and the court of appeals.

(2) The unexpended funds appropriated in part 1 for ARP - trial court backlog are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has 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 assist trial courts with processing backlog cases.

(b) The project will be accomplished by utilizing state employees, contracts with vendors and individuals, or both.

(c) The total estimated cost of the project is $7,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

Sec. 601. The unexpended funds appropriated in part 1 for the workers’ compensation board of magistrates are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to support temporary magistrates and decrease the backlog related to the COVID-19 pandemic.

(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 $500,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 602. (1) Funds appropriated in part 1 for ARP - coronavirus economic development administration state tourism grant shall be used to support the travel, tourism, and outdoor recreation sectors as these sectors recover from the economic impacts of the coronavirus pandemic. Funds shall be expended as follows:

(a) A minimum of $8,307,400.00 shall be expended to augment statewide pure Michigan marketing efforts.

(b) A minimum of $1,000,000.00 shall be expended through competitive grants to support accessibility.

(c) An additional $1,000,000.00 may be expended for activities under subsection (a) or (b) if approved by the federal United States Economic Development Administration.

(2) The unexpended funds appropriated in part 1 for ARP - coronavirus economic development administration state tourism grant are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to provide support for the state’s tourism and hospitality industries.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The total estimated cost of the project is $10,307,400.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 603. The unexpended funds appropriated in part 1 for community development block grant - disaster recovery are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to support disaster recovery efforts.

(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 $12,033,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 604. Funds appropriated in part 1 for corrections officer post-secondary grants must be allocated by the department to the Michigan Community College Association to establish a grant program for assistance with corrections officer post-secondary education. The grant program administered by the Michigan Community College Association shall pay for up to 15 college credit hours for current corrections officers and new hires that have not completed college coursework required for employment with the department of corrections.

Sec. 605. The unexpended funds appropriated in part 1 for broadband equity, access, and deployment are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to support broadband equity, access, and deployment projects.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The total estimated cost of the work project is $5,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 606. Funds appropriated in part 1 for Michigan one-time grant shall be allocated to a hospital located in a city with a population of between 11,050 and 11,100 according to the most recent federal decennial census.

 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

Sec. 651. (1) Funds appropriated in part 1 for Michigan-Indiana border survey shall be used by the department of licensing and regulatory affairs to conduct a study of the administration and remonumentation of the Michigan-Indiana border. The study must estimate the cost of all of the following:

(a) Administration of a survey and remonumentation of the Michigan-Indiana border.

(b) Recovery or reestablishment of relatively permanent monuments at the mileposts of the Michigan-Indiana state line as established in the 1827 federal survey that defined that line.

(c) Resolving any controversies regarding the location of monuments defining the Michigan-Indiana boundary.

(d) Any additional requirements set forth within the Michigan-Indiana state line remonumentation act, 2022 PA 81, MCL 54.311 to 54.323, and section 12 of the state survey and remonumentation act, 1990 PA 345, MCL 54.272, as amended by 2022 PA 82.

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

(a) The purpose of the project is to study the administration and remonumentation of the Michigan-Indiana border.

(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 $500,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 652. 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.

 

DEPARTMENT OF STATE POLICE

Sec. 701. The unexpended funds appropriated in part 1 for mobile office and system support are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to purchase body-worn cameras and associated equipment for the Michigan state police.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(c) The total estimated cost of the project is $2,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 702. (1) From the funds appropriated in part 1 for ARP - community policing competitive grant program, the Michigan commission on law enforcement standards shall provide and administer grants to law enforcement agencies for community policing grants that develop collaborative partnerships between law enforcement agencies and the communities they serve. Grant funds awarded shall not be used to hire law enforcement personnel. The commission shall develop and publish objective criteria for awarding community policing grants. Criteria shall include, but not be limited to, all of the following:

(a) Implementation of a research-based model or program.

(b) Prioritization of community input to build trust, relationships, and positive outcomes.

(c) Support of a broader community or multi-agency strategy to solve problems.

(d) Promotion of youth engagement activities.

(e) Engagement in partnerships with community-based organizations, local governments, or research institutions.

(2) The commission shall prioritize grant applications to agencies with demonstrated support or established partnerships with the communities being served.

(3) The commission shall provide an annual report to members of the senate and house appropriations committees on the status of community policing grants. The report shall provide a status of grants awarded and recommendations based on the outcomes of grants awarded.

(4) The unexpended funds appropriated in part 1 for community policing competitive grants are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has 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 support community policing competitive grants.

(b) The project will be accomplished by utilizing state employees, contracts with vendors and individuals, or both.

(c) The total estimated cost of the project is $11,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 703. Funds appropriated in part 1 for ARP - community policing grants must be distributed by the department to support community policing and engagement strategies. Funding must be allocated as follows:

(a) $3,000,000.00 to a violence intervention program in a county with a population between 400,000 and 420,000 in a city with a population between 70,000 and 90,000 according to the most recent federal decennial census.

(b) $1,000,000.00 to a program that builds positive relationships between law enforcement and the community in a county with a population between 180,000 and 200,000 in a city with a population between 40,000 and 60,000 according to the most recent federal decennial census.

(c) $500,000.00 to a community violence intervention program in a county with a population between 1,700,000 and 1,800,000 in a city with a population between 620,000 and 640,000 according to the most recent federal decennial census.

 

Sec. 704. (1) Funds appropriated in part 1 for ARP - police athletic league shall be distributed to support the existing program in Detroit and to expand the program into the Grand Rapids and Flint areas. Funding must be distributed over a 4-year period, in installments of $1,875,000.00 per year.

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

(a) The purpose of the project is to support the existing police athletic league program in Detroit and to expand the program into the Grand Rapids and Flint areas.

(b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners.

(c) The estimated cost of the project is $7,500,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 705. The general fund/general purpose funds appropriated in part 1 for disaster and emergency contingency fund shall be deposited to the restricted disaster and emergency contingency fund created in section 18 of the emergency management act, 1976 PA 390, MCL 30.418.

 

Sec. 706. (1) Funds appropriated in part 1 for Michigan commission on law enforcement standards certification fees must be utilized by the Michigan commission on law enforcement standards to pay for certification of law enforcement officers relocating to this state from out of state for employment by a local law enforcement agency or the Michigan state police.

(2) The unexpended funds appropriated in part 1 for Michigan commission on law enforcement standards certification fees are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to pay for certification of law enforcement officers relocating to Michigan from out of state for employment by a local law enforcement agency or the Michigan state police.

(b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners.

(c) The estimated cost of the project is $2,700,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 707. (1) Funds appropriated in part 1 for narcotic teams/task force – training and equipment must be distributed by the Michigan commission on law enforcement standards, through a grant program, to joint narcotic teams and task forces for purchasing equipment and for training.

(2) From the funds appropriated in part 1, the Michigan commission on law enforcement standards must report detailed expenditure data quarterly to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office.

(3) The unexpended funds appropriated in part 1 for narcotic teams/task force – training and equipment are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to assist joint narcotic teams and task forces with purchasing equipment and for training.

(b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners.

(c) The estimated cost of the project is $3,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 708. (1) Funds appropriated in part 1 for public safety academy assistance programs must be allocated for training academy recruit salaries for recruits from local public safety departments, to provide salaries of up to $4,000.00 to police cadets who are receiving tuition assistance under subsection (2).

(2) Funds appropriated in part 1 for public safety academy assistance programs must be distributed by the Michigan commission on law enforcement standards or the department of treasury through a competitive scholarship program for local public safety department recruits that will provide a police academy scholarship of up to $20,000.00 per recruit on a first-come, first-served basis to applicants who meet the necessary requirements and enroll in a police academy program.

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

(a) Have applied to at least 1 law enforcement basic training academy approved by the Michigan commission on law enforcement standards.

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

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

(5) The Michigan commission on law enforcement standards is authorized to use up to $140,000.00 for administration of the scholarship program.

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

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

(b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners.

(c) The estimated cost of the project is $30,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 709. (1) From the funds appropriated in part 1 for traffic stop data collection enhancement, the department shall develop new tracking and documentation systems, including a benchmarking dashboard, and expand data collected during traffic stops to allow for easier review and analysis of traffic stops.

(2) The unexpended funds appropriated in part 1 for traffic stop data collection enhancement are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has 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 support traffic stop data collection enhancement.

(b) The project will be accomplished by utilizing state employees, contracts with vendors and individuals, or both.

(c) The total estimated cost of the project is $3,000,000.00.

(d) The tentative completion date is September 30, 2026.

DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET

Sec. 751. (1) Funds appropriated in part 1 for communications radios and towers shall be allocated as follows:

(a) $1,000,000.00 for radios in a county with a population between 81,000 and 86,000 according to the most recent federal decennial census.

(b) $3,000,000.00 for towers in a county with a population between 61,000 and 63,000 according to the most recent federal decennial census.

(c) $4,800,000.00 for towers in a county with a population between 63,000 and 65,000 according to the most recent federal decennial census.

(2) Grants to local units of government for the construction of new towers or the augmentation of existing towers and associated equipment shall support the integration of a county into the Michigan public safety communications system (MPSCS) or to expand the interoperability of all local public safety entities within the county on the MPSCS.

 

Sec. 752. (1) Funds appropriated in part 1 for Michigan public safety communications system towers and equipment shall be used to support the construction or maintenance of towers, shelter equipment, state radio replacements, and any other associated equipment involved in maintaining or augmenting the MPSCS. Funding shall be used to aid in the maintenance and improvement of the statewide integration and interoperability of all state and local public safety communications resources.

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

(a) The purpose of the project is to issue grants for communication towers and other communication equipment.

(b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners.

(c) The estimated cost of the project is $5,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 753. The unexpended funds appropriated in part 1 for PFAS remediation are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be made available for expenditures for site remediation activities at the Michigan state police emergency management and homeland security training center. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of this project is to support PFAS remediation activities at the Michigan state police emergency management and homeland security training center, which may include, but are not limited to, investigation, diversion, disposal, mitigation, monitoring, and coordination with agency partners to ensure that public health and the environment are protected in accordance with all applicable state and federal requirements.

(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 $3,184,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 754. There is appropriated from general fund/general purpose revenue, for the fiscal year ending September 30, 2022, beyond any amounts previously deposited, the sum of $180,000,000.00 for deposit into the countercyclical budget and economic stabilization fund created in section 351 of the management and budget act, 1984 PA 431, MCL 18.1351.

 

DEPARTMENT OF TREASURY

Sec. 801. (1) Funds appropriated in part 1 for fire gear equipment grants must be distributed by the department of treasury to local units, through a competitive grant process, to assist fire departments that are predominately on-call, part-time, or volunteer with purchasing fire gear for fire fighters. A grant that is provided by utilizing funding appropriated in part 1 must not exceed $10,000.00.

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

(a) The purpose of the project is to assist fire departments that are predominately on-call, part-time, or volunteer with purchasing fire gear for fire fighters.

(b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners.

(c) The estimated cost of the project is $12,000,000.00.

(d) The tentative completion date is September 30, 2026.

 

Sec. 802. The disbursement by the department of treasury from the bottle deposit fund to dealers as required by section 3c(3) of 1976 IL 1, MCL 445.573c, is appropriated.

 

REPEALERS

Sec. 1101. Section 1011 of article 3 of 2021 PA 87 is repealed.

 

Sec. 1102. Section 1012 of article 3 of 2021 PA 87 is repealed.

 

Sec. 1103. Section 1025 of article 3 of 2021 PA 87 is repealed.

 

Sec. 1104. Section 1030 of article 3 of 2021 PA 87 is repealed.

 

Sec. 1105. Section 1031 of article 3 of 2021 PA 87 is repealed.

 

Sec. 1106. Section 1032 of article 3 of 2021 PA 87 is repealed.

 

Sec. 1107. Section 1033 of article 3 of 2021 PA 87 is repealed.

 

Sec. 1108. Section 1034 of article 3 of 2021 PA 87 is repealed.

 

Sec. 1109. Section 892 of article 5 of 2021 PA 87 is repealed.

 

Sec. 1110. Section 910 of article 5 of 2021 PA 87 is repealed.

Text, letter

Description automatically generatedThis act is ordered to take immediate effect.

 

Clerk of the House of Representatives

 

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor

feedback