Bill Text: MI SB0148 | 2019-2020 | 100th Legislature | Engrossed


Bill Title: Appropriations: zero budget; department of talent and economic development; provide for fiscal year 2019-2020. Creates appropriation act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2019-05-14 - Referred To Committee On Appropriations [SB0148 Detail]

Download: Michigan-2019-SB0148-Engrossed.html

SB-0148, As Passed Senate, May 14, 2019

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 148

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of talent and

 

economic development for the fiscal year ending September 30, 2020;

 

and to provide for the expenditure of the appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of talent

 

and economic development for the fiscal year ending September 30,

 

2020, from the following funds:

 

DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 1,450.0

 

GROSS APPROPRIATION.................................... $  1,107,257,100


   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $  1,107,257,100

 

   Federal revenues:

 

Total federal revenues.................................       762,145,800

 

   Special revenue funds:

 

Total local revenues...................................           500,000

 

Total private revenues.................................         5,628,300

 

Total other state restricted revenues..................       193,074,600

 

State general fund/general purpose..................... $    145,908,400

 

   (2) DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 32.0

 

Unclassified positions--6.0 FTE positions.............. $      1,153,200

 

Executive direction and operations--32.0 FTE positions.         7,120,000

 

GROSS APPROPRIATION.................................... $      8,273,200

 

    Appropriated from:

 

   Federal revenues:

 

DOL-ETA, unemployment insurance........................         1,759,100

 

DOL, federal funds.....................................         3,201,600

 

Federal funds..........................................         2,500,000

 

   Special revenue funds:

 

Michigan state housing development authority fees and

 

   charges..............................................           608,500

 

State general fund/general purpose..................... $        204,000

 

   (3) MICHIGAN STRATEGIC FUND


   Full-time equated classified positions.......... 157.0

 

Administrative services--37.0 FTE positions............ $      3,082,600

 

Arts and cultural program..............................        10,150,000

 

Business attraction and community revitalization.......       102,629,900

 

Community college skilled trades equipment program debt

 

   service..............................................         4,600,000

 

Community development block grants.....................        47,000,000

 

Entrepreneurship ecosystem.............................        13,650,000

 

Facility for rare isotope beams debt service...........         7,300,000

 

Job creation services--120.0 FTE positions.............        22,695,200

 

Pure Michigan..........................................        37,500,000

 

Michigan enhancement grants............................               100

 

GROSS APPROPRIATION.................................... $    248,607,800

 

   Appropriated from:

 

   Federal revenues:

 

HUD-CPD, community development block grant.............        49,773,300

 

NFAH-NEA, promotion of the arts, partnership

 

   agreements...........................................         1,050,000

 

   Special revenue funds:

 

Private - special project advances.....................           250,000

 

Private - Michigan council for the arts fund...........           100,000

 

21st century jobs trust fund...........................        75,000,000

 

Contingent fund, penalty and interest..................         4,600,000

 

Michigan film promotion fund...........................           402,200

 

Michigan state housing development authority fees

 

   and charges..........................................         4,616,600

 

State general fund/general purpose..................... $    112,815,700


   (4) TALENT INVESTMENT AGENCY

 

   Full-time equated classified positions.......... 962.0

 

At-risk youth grants................................... $      4,000,000

 

Community ventures.....................................         4,000,000

 

Executive direction--14.0 FTE positions................         3,498,500

 

Going pro talent fund..................................        37,920,700

 

Information technology services and projects - TIA.....        22,721,300

 

Michigan Works!........................................       130,800,000

 

Unemployment insurance agency--743.0 FTE positions.....       136,006,400

 

Unemployment insurance agency advocacy assistance......         1,500,000

 

Workforce development programs.........................       248,924,900

 

Workforce program administration--205.0 FTE positions..        36,262,100

 

GROSS APPROPRIATION.................................... $    625,633,900

 

    Appropriated from:

 

   Federal revenues:

 

DAG, employment and training...........................         4,000,400

 

DED-OESE, GEAR-UP......................................         4,730,700

 

DED-OVAE, adult education..............................        20,000,000

 

DED-OVAE, basic grants to states.......................        19,000,000

 

DOL, federal funds.....................................       107,401,100

 

DOL-ETA, unemployment insurance........................       140,242,000

 

DOL-ETA, workforce investment act......................       173,488,600

 

Federal funds..........................................         3,440,200

 

Social security act, temporary assistance to needy

 

   families.............................................        63,698,800

 

   Special revenue funds:

 

Local revenues.........................................           500,000


Private funds..........................................         5,278,300

 

Contingent fund, penalty and interest account..........        52,287,500

 

Defaulted loan collection fees.........................           170,000

 

State general fund/general purpose..................... $     31,396,300

 

   (5) LAND BANK FAST TRACK AUTHORITY

 

   Full-time equated classified positions............ 9.0

 

Land bank fast track authority--9.0 FTE positions...... $       4,290,800

 

GROSS APPROPRIATION.................................... $      4,290,800

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         1,000,000

 

   Special revenue funds:

 

Land bank fast track fund..............................         1,798,400

 

State general fund/general purpose..................... $      1,492,400

 

   (6) MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY

 

   Full-time equated classified positions.......... 290.0

 

Housing and rental assistance--290.0 FTE positions..... $     46,022,200

 

Lighthouse preservation program........................           307,500

 

Michigan state housing development authority

 

   technology services and projects.....................         3,651,800

 

Payments on behalf of tenants..........................       166,860,000

 

Property management....................................         3,609,900

 

GROSS APPROPRIATION.................................... $    220,451,400

 

    Appropriated from:

 

   Federal revenues:

 

HUD, lower income housing assistance...................       166,860,000

 

   Special revenue funds:


Michigan lighthouse preservation fund..................           307,500

 

Michigan state housing development authority fees

 

   and charges..........................................        53,283,900

 

State general fund/general purpose..................... $              0

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2019-2020

 

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 2019-2020 is $338,983,000.00

 

and state spending from state sources to be paid to local units of

 

government for fiscal year 2019-2020 is $37,598,800.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT

 

Arts and cultural program.............................. $      1,000,000

 

Going pro..............................................        25,918,800

 

Welfare-to-work programs...............................        10,680,000

 

TOTAL ................................................. $     37,598,800

 

     Sec. 202. The appropriations authorized under this part and

 

part 1 are subject to the management and budget act, 1984 PA 431,

 

MCL 18.1101 to 18.1594.

 

     Sec. 203. As used in this part and part 1:

 

     (a) "DED" means the United States Department of Education.

 


     (b) "DED-OESE" means the DED Office of Elementary and

 

Secondary Education.

 

     (c) "DED-OPSE" means the DED Office of Postsecondary

 

Education.

 

     (d) "DED-OVAE" means the DED Office of Vocational and Adult

 

Education.

 

     (e) "Department" means the department of talent and economic

 

development.

 

     (f) "Director" means the director of the department.

 

     (g) "DOE-OEERE" means the United States Department of Energy,

 

Office of Energy Efficiency and Renewable Energy.

 

     (h) "DOL" means the United States Department of Labor.

 

     (i) "DOL-ETA" means the United States Department of Labor,

 

Employment and Training Administration.

 

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

 

     (k) "Fund" means the Michigan strategic fund.

 

     (l) "GEAR-UP" means gaining early awareness and readiness for

 

undergraduate programs.

 

     (m) "GED" means a general educational development certificate.

 

     (n) "GF/GP" means general fund/general purpose.

 

     (o) "HHS" means the United States Department of Health and

 

Human Services.

 

     (p) "HHS-OS" means the HHS Office of the Secretary.

 

     (q) "HHS-SSA" means the HHS Social Security Administration.

 

     (r) "HUD" means the United States Department of Housing and

 

Urban Development.

 

     (s) "HUD-CPD" means the United States Department of Housing


and Urban Development - Community Planning and Development.

 

     (t) "IDG" means interdepartmental grant.

 

     (u) "MCL" means the Michigan Compiled Laws.

 

     (v) "MDE" means the Michigan department of education.

 

     (w) "MDHHS" means the Michigan department of health and human

 

services.

 

     (x) "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.

 

     (y) "MEGA" means the Michigan economic growth authority.

 

     (z) "MSF" means the Michigan strategic fund.

 

     (aa) "MSHDA" means the Michigan state housing development

 

authority.

 

     (bb) "NFAH-NEA" means the National Foundation of the Arts and

 

the Humanities - National Endowment for the Arts.

 

     (cc) "PA" means public act.

 

     (dd) "PATH" means Partnership. Accountability. Training. Hope.

 

     (ee) "RFP" means a request for a proposal.

 

     (ff) "SIGMA" means statewide integrated governmental

 

management applications.

 

     (gg) "WDA" means the workforce development agency.

 

     Sec. 204. The departments and agencies receiving


appropriations in part 1 shall use the internet to fulfill the

 

reporting requirements of this part. This requirement may include

 

transmission of reports via electronic mail to the recipients

 

identified for each reporting requirement, or it may include

 

placement of reports on an internet or intranet site.

 

     Sec. 205. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference shall be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. In addition, preference should be given to goods or

 

services, or both, that are manufactured or provided by Michigan

 

businesses owned and operated by veterans, if they are

 

competitively priced and of comparable quality.

 

     Sec. 206. The director shall take all reasonable steps to

 

ensure businesses in deprived and depressed communities compete for

 

and perform contracts to provide services or supplies, or both. The

 

director shall strongly encourage firms with which the department

 

contracts to subcontract with certified businesses in depressed and

 

deprived communities for services, supplies, or both.

 

     Sec. 207. The departments and agencies receiving

 

appropriations in part 1 shall prepare a report on out-of-state

 

travel expenses not later than January 1 of each year. The travel

 

report shall be a listing of all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with


funds appropriated in the department's budget. The report shall be

 

submitted to the house and senate standing committees on

 

appropriations, the chairpersons of the relevant appropriations

 

subcommittees, the house and senate fiscal agencies, and the state

 

budget director. The report shall include the following

 

information:

 

     (a) The dates of each travel occurrence.

 

     (b) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state GF/GP

 

revenues, the proportion funded with state restricted revenues, the

 

proportion funded with federal revenues, and the proportion funded

 

with other revenues.

 

     Sec. 208. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those outside legal

 

services that the attorney general authorizes.

 

     Sec. 209. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total GF/GP appropriation lapses at the close of the prior

 

fiscal year. This report shall summarize the projected year-end

 

GF/GP appropriation lapses by major departmental program or program

 

areas. The report shall be transmitted to the chairpersons of the

 

senate and house appropriations committees and the senate and house

 

fiscal agencies.

 

     Sec. 211. The department shall cooperate with the department


of technology, management, and budget to maintain a searchable

 

website that is updated at least quarterly and that is accessible

 

by the public at no cost that includes, but is not limited to, all

 

of the following for each department or agency:

 

     (a) Fiscal year-to-date expenditures by category.

 

     (b) Fiscal year-to-date expenditures by appropriation unit.

 

     (c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

     (d) The number of active department employees by job

 

classification.

 

     (e) Job specifications and wage rates.

 

     Sec. 212. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget director to provide the senate and house of

 

representatives standing committees on appropriations, the relevant

 

senate and house of representatives subcommittees, and the senate

 

and house fiscal agencies with an annual report on estimated state

 

restricted fund balances, state restricted fund projected revenues,

 

and state restricted fund expenditures for the fiscal years ending

 

September 30, 2019 and September 30, 2020.

 

     Sec. 213. The department 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. 214. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September


30, 2020 are $28,950,500.00. From this amount, total agency

 

appropriations for pension-related legacy costs are estimated at

 

$14,073,500.00. Total agency appropriations for retiree health care

 

legacy costs are estimated at $14,877,000.00.

 

     Sec. 215. Federal pass-through funds to local institutions and

 

governments that are received in amounts in addition to those

 

included in part 1 and that do not require additional state

 

matching funds are appropriated for the purposes intended. The

 

department may carry forward into the succeeding fiscal year

 

unexpended federal pass-through funds to local institutions and

 

governments that do not require additional state matching funds.

 

The department shall report the amount and source of the funds to

 

the relevant senate and house appropriation subcommittees, the

 

senate and house fiscal agencies, and the state budget office

 

within 10 business days after receiving any additional pass-through

 

funds.

 

     Sec. 216. 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. 217. General fund appropriations in part 1 shall not be

 

expended for items in cases where federal funding or private grant

 

funding is available for the same expenditures.

 

     Sec. 218. A department or state agency shall not take

 

disciplinary action against an employee for communicating with a

 

member of the legislature or his or her staff.


     Sec. 221. 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 of representatives standing committees

 

on appropriations subcommittees on general government, the joint

 

committee on administrative rules, and the senate and house fiscal

 

agencies.

 

     Sec. 222. As a condition of receiving funds in part 1, the

 

department 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.

 

The department shall report encumbrances and expenditures in a

 

timely manner.

 

     Sec. 223. From the funds appropriated in part 1, the

 

department of talent and economic development, Michigan strategic

 

fund, and Michigan state housing development authority shall not

 

use funds for broadband construction, expansion, repairs, or

 

upgrades or to issue or refinance bonds for broadband construction,

 

expansion, repairs, or upgrades.

 

MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY

 

     Sec. 390. MSHDA shall annually present a report to the state

 

budget office and the subcommittees on the status of the

 

authority's housing production goals under all financing programs

 

established or administered by the authority. The report shall give

 

special attention to efforts to raise affordable multifamily

 

housing production goals.


     Sec. 394. 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.

 

 

 

LAND BANK FAST TRACK AUTHORITY

 

     Sec. 395. In addition to the amounts appropriated in part 1,

 

the land bank fast track authority may expend revenues received

 

under the land bank fast track act, 2003 PA 258, MCL 124.751 to

 

124.774, for the purposes authorized by the act, including, but not

 

limited to, the acquisition, lease, management, demolition,

 

maintenance, or rehabilitation of real or personal property,

 

payment of debt service for notes or bonds issued by the authority,

 

and other expenses to clear or quiet title property held by the

 

authority.

 

MICHIGAN STRATEGIC FUND

 

     Sec. 404. 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 relevant chairpersons of the

 

senate and house of representatives standing committees on

 

appropriations subcommittees, the senate and house fiscal agencies,

 


and the state budget office by March 15.

 

     Sec. 405. In addition to the appropriations in part 1, Travel

 

Michigan may receive and expend private revenue related to the use

 

of "Pure Michigan" and all other copyrighted slogans and images.

 

This revenue may come from the direct licensing of the name and

 

image or from the royalty payments from various merchandise sales.

 

Revenue collected is appropriated for the marketing of the state as

 

a travel destination. The funds are available for expenditure when

 

they are received by the department of treasury. If the fund

 

receives revenues from the use of "Pure Michigan", the fund shall

 

provide a report that lists the revenues by source received from

 

the use of "Pure Michigan" and all other copyrighted slogans and

 

images. The fund shall include in the report a detailed list of

 

expenditures of revenues received under this section. The fund

 

shall provide the report to the chairpersons of the senate and

 

house of representatives standing committees on appropriations, the

 

relevant house and senate appropriations subcommittees, the house

 

and senate fiscal agencies, and the state budget office by March 1.

 

     Sec. 406. (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, that includes, 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 fund shall

 

distribute the report 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 office by March 15.

 

     Sec. 407. (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 fund under 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 standing committees on appropriations

 

subcommittees, the senate and house fiscal agencies, and the state

 

budget office by March 15.

 

     Sec. 408. As a condition of receiving funds under part 1, any

 

interlocal agreement entered into by the fund shall include

 

language that 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. 409. (1) Of the funds appropriated to the fund or through

 

grants to the MEDC, funds shall not 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) 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 office

 

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.

 

     (4) 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.

 

     Sec. 410. 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 fund shall submit the

 

report 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 office. The report shall include, but is not

 

limited to, all of the following:

 

     (a) A detailed listing of revenues, by fund source, to the

 

jobs for Michigan investment fund, including 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. 411. (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. 412. (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. 413. 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. 424. From the funds appropriated in part 1 for business

 

attraction and community revitalization, not less than

 

$20,000,000.00 shall be granted by the fund board for brownfield

 

redevelopment and historic preservation projects under the

 

community revitalization program authorized by chapter 8C of the

 

Michigan strategic fund act, 1984 PA 270, MCL 125.2090 to

 

125.2090d.

 

     Sec. 432. (1) The fund shall report to the chairpersons of the

 

senate and house of representatives standing committees on

 

appropriations, the relevant house and senate appropriations

 

subcommittees, the state budget office, 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. The fund shall include all of the

 

following incentives in the report:


     (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, 2005 PA 225, MCL

 

125.2088d.

 

     (2) The fund shall include all of the following information in

 

the report under subsection (1):

 

     (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. 433. 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 fund shall submit the report

 

to the chairpersons of the senate and house of representatives

 

standing committees on appropriations, the chairpersons of the

 

senate and house of representatives subcommittees on general

 

government, the senate and house fiscal agencies, and the state

 

budget office. The report shall include, but not be limited to, a

 

listing of all projects the Michigan film and digital media office

 

provided assistance on, a listing of the services provided for each

 

project, and an estimate of investment leveraged.

 

     Sec. 434. 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 office by March 15.

 

     Sec. 435. (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. 436. (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. 437. 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. 442. 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 fund shall

 

submit the report 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 office.

 

     Sec. 443. (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 office 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 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 office 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. 444. 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 Michigan strategic fund board, shall notify

 

the chairpersons of the senate and house of representatives

 

standing committees on appropriations, the chairpersons of the

 

relevant appropriations subcommittees, the senate and house fiscal

 

agencies, and the state budget office not fewer than 30 days prior

 

to the authorization of the tax credit transfer.

 

     Sec. 447. From the funds appropriated in part 1 for Michigan

 

enhancement grants, $100.00 shall be awarded to a public museum in

 

a county with a population between 400,000 and 450,000 and in a

 

city with a population over 100,000 according to the most recent

 

federal decennial census.

 

     Sec. 450. (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, 2020.

 

     (b) Total private investment obtained through the business

 

attraction and community revitalization programs during the fiscal

 

year ending September 30, 2020.

 

     (c) Amount of private and public square footage created and

 

reactivated through the community revitalization program during the

 

fiscal year ending September 30, 2020.

 

     (2) The fund must submit a report to the chairpersons of the

 

senate and house of representatives standing committees on

 

appropriations, the relevant house and senate appropriations

 

subcommittees, the senate and house fiscal agencies, and the state

 

budget office 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. 453. From the funds appropriated in part 1 for Pure

 

Michigan, up to $500,000.00 shall be used for last dollars to fund

 

the gap between the total cost of hosting a national conference for

 

a national council that currently receives association dues from

 

this state and the total amount privately raised.

 

TALENT INVESTMENT AGENCY

 

     Sec. 560. The talent investment agency shall administer the


PATH training program in accordance with the requirements of

 

section 407(d) of title IV of the social security act, 42 USC 607,

 

the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and all

 

other applicable laws and regulations.

 

     Sec. 561. From the funds appropriated in part 1 for workforce

 

programs subgrantees, the talent investment agency may allocate

 

funding for grants to nonprofit organizations that offer programs

 

under the workforce innovation and opportunity act, 29 USC 3101 to

 

3361, eligible youth focusing on apprenticeship readiness, pre-

 

apprenticeship and apprenticeship activities, entrepreneurship,

 

work-readiness skills, job shadowing, and financial literacy.

 

Organizations eligible for funding under this section must have the

 

capacity to provide similar programs in urban areas, as determined

 

by the United States Bureau of the Census according to the most

 

recent federal decennial census. Additionally, programs eligible

 

for funding under this section must include the participation of

 

local business partners. The talent investment agency shall develop

 

other appropriate eligibility requirements to ensure compliance

 

with applicable federal rules and regulations.

 

     Sec. 562. The talent investment agency shall make available,

 

in person or by telephone, 1 disabled veterans outreach program

 

specialist or local veterans employment representative to Michigan

 

Works! service centers, as resources permit, during hours of

 

operation, and shall continue to make the appropriate placement of

 

veterans and disabled veterans a priority.

 

     Sec. 563. (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 talent investment agency shall report by February 15

 

to the relevant senate and house appropriations subcommittees, the

 

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. 564. As a condition of receiving funds appropriated in

 

part 1 for going pro talent fund, the talent investment agency

 

shall provide a report on going pro expenditures, by program or

 

grant type, for the prior fiscal year. In addition, the report

 

shall include projected expenditures, by program or grant type, for

 

the current fiscal year. The report shall be posted online and

 

distributed to the chairpersons of the senate and house of

 

representatives standing committees on appropriations, the

 

chairpersons of the relevant senate and house of representatives

 

appropriations subcommittees, the senate and house fiscal agencies,

 

and the state budget office by March 15.

 

     Sec. 565. The talent investment agency shall publish data and

 

reports on March 15 and September 30 on the agency website

 

concerning the status of career technology and going pro talent

 

fund 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 individuals who completed the program and

 

were hired by awardee.

 

     (g) The number of applications received and the number of

 

grants awarded for each region.

 

     (h) The talent investment agency shall expand workforce

 

training and reemployment services to better connect workers to in-

 

demand jobs and identify specific outcomes with performance metrics

 

for this initiative, including, but not limited to, new

 

apprenticeships, individuals to be hired and trained, current

 

employees trained, training completed, and employment retention

 

rate at 6 months, and hourly wage at 6 months.

 

     Sec. 566. As a condition of receiving funds in part 1 for

 

going pro and the going pro talent fund, the talent investment

 

agency shall administer the program as follows:

 

     (a) The talent investment agency shall work cooperatively with

 

grantees to maximize the amount of funds from part 1 that are

 

available for direct training.

 

     (b) The talent investment agency, workforce development

 

partners, including regional Michigan Works! agencies, and

 

employers shall collaborate and work cooperatively to prioritize

 

and streamline the expenditure of the funds appropriated in part 1.

 

The talent investment agency shall ensure that going pro provides a

 

collaborative statewide network of workforce and employee skill


development partners that addresses the employee talent needs

 

throughout this state.

 

     (c) The talent investment agency shall ensure that grants are

 

utilized for individual skill enhancement and to address in-demand

 

talent needs in this state.

 

     (d) The talent investment agency shall develop program goals

 

and detailed guidance for prospective participants to follow to

 

qualify under the program. The program goals and detailed guidance

 

shall be posted on the talent investment agency website and

 

distributed to workforce development partners, including local

 

Michigan Works! agencies, by October 1. Periodic assessments of

 

employer and employee needs shall be evaluated on a regional basis,

 

and the talent investment agency shall identify solutions and goals

 

to be implemented to satisfy those needs. The talent investment

 

agency shall notify the senate and house of representatives

 

appropriations, the relevant senate and house of representatives

 

standing committees on appropriations subcommittees, the senate and

 

house fiscal agencies, and the state budget office on any program

 

goal, solution, or guidance changes not fewer than 14 days prior to

 

the finalization and publication of the changes. Revenue received

 

by the talent investment agency for going pro may be expended for

 

the purpose of those programs.

 

     (e) Up to $5,000,000.00 of the funds may be expended to match

 

federal funds. The intent of these funds will involve improving and

 

increasing the skill level of employees in skilled trades in the

 

automotive industry and the manufacturing processes within the

 

changing manufacturing environment.


     Sec. 567. The appropriation in part 1 for the going pro talent

 

fund shall be deposited into the restricted going pro talent fund

 

created under section 5 of the going pro talent fund act, 2018 PA

 

260, MCL 408.155. All funds in the going pro talent fund are

 

appropriated and available for expenditure to support the going pro

 

talent program pursuant to sections 7 and 9 of the going pro talent

 

fund act, 2018 PA 260, MCL 408.157 to 408.159.

 

     Sec. 568. (1) Of the funds appropriated in part 1 for Michigan

 

Works!, the talent investment agency shall provide a report by

 

March 15 to the relevant senate and house of representatives

 

appropriations subcommittees, the state budget director, and the

 

fiscal agencies on the status of the workforce training programs.

 

The report shall include the following:

 

     (a) The amount of funding allocated to each Michigan Works!

 

agency and the total funding allocated to the workforce training

 

programs statewide by fund source.

 

     (b) The number of participants enrolled in education or

 

training programs by each Michigan Works! agency.

 

     (c) The average duration of training for training program

 

participants by each Michigan Works! agency.

 

     (d) The number of participants enrolled in remedial education

 

programs and the number of participants enrolled in literacy

 

programs.

 

     (e) The number of participants enrolled in programs at 2-year

 

institutions.

 

     (f) The number of participants enrolled in programs at 4-year

 

institutions.


     (g) The number of participants enrolled in proprietary schools

 

or other technical training programs.

 

     (h) The number of participants that have completed education

 

or training programs.

 

     (i) The number of participants who secured employment in this

 

state 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. 571. From the funds appropriated in part 1 for at-risk

 

youth grants, $4,000,000.00 must be awarded to the Michigan

 

franchise holder of the national Jobs for America's Graduates

 

program.

 

     Sec. 576. The department shall provide a quarterly report to

 

the members of the senate and house committees on appropriations,

 

the senate and house fiscal agencies, and the state budget director

 

that includes, but is not limited to, the following:

 

     (a) The number of new fraudulent and noncompliant cases that

 

have been identified or issued by the unemployment insurance

 

agency, classified by employer or claimant, during the quarter.

 

     (b) The total amount of penalties and interest issued on


fraudulent and noncompliant cases during the quarter.

 

     (c) The total amount of penalties and interest dollars

 

received during the quarter by employer or claimant.

 

     (d) The total amount of penalties and interest still owed to

 

the state by employer or claimant.

 

     (e) The number of fraudulent and noncompliant cases that have

 

been appealed by an employer or claimant during the quarter.

 

     Sec. 578. (1) From the funds appropriated in part 1 for the

 

unemployment insurance agency, the talent investment agency shall

 

maintain customer service standards for employers and claimants

 

making use of the various means by which they can access the

 

system.

 

     (2) The talent investment agency shall identify specific

 

outcomes and performance metrics for this initiative, including,

 

but not limited to, the following:

 

     (a) Unemployment benefit fund balance.

 

     (b) Process improvement - fiscal integrity.

 

     (c) Process improvement - determination timeliness.

 

     (d) Process improvement - determination quality.

 

     Sec. 579. (1) The talent investment agency shall extend the

 

interagency agreement with the department of health and human

 

services for the duration of the current fiscal year, which

 

concerns TANF funding to provide job readiness and welfare-to-work

 

programming. The interagency agreement shall include specific

 

outcome and performance reporting requirements as described in this

 

section. TANF funding provided to the talent investment agency in

 

the current fiscal year is contingent on compliance with the data


and reporting requirements described in this section. The

 

interagency agreement shall require the talent investment agency to

 

provide all of the following items for the previous year to the

 

senate and house appropriations committees by January 1 of the

 

current fiscal year:

 

     (a) An itemized spending report on TANF funding, including all

 

of the following:

 

     (i) Direct services to clients.

 

     (ii) Administrative expenditures.

 

     (b) The number of family independence program clients served

 

through the TANF funding, including all of the following:

 

     (i) The number and percentage who obtained employment through

 

Michigan Works!.

 

     (ii) The number and percentage who fulfilled their TANF work

 

requirement through other job readiness programming.

 

     (iii) Average TANF spending per client.

 

     (iv) The number and percentage of clients who were referred to

 

Michigan Works! but did not receive a job or job readiness

 

placement and the reasons why.

 

     (2) Not later than March 15 of the current fiscal year, the

 

department shall provide to the senate and house appropriations

 

subcommittees on the department budget, the senate and house fiscal

 

agencies, and the senate and house policy offices an annual report

 

on the following matters itemized by Michigan Works! agency: the

 

number of referrals to Michigan Works! job readiness programs, the

 

number of referrals to Michigan Works! job readiness programs who

 

became a participant in the Michigan Works! job readiness programs,


the number of participants who obtained employment, and the cost

 

per participant case.

 

     Sec. 580. (1) From the funds appropriated in part 1 for

 

community ventures, the talent investment agency may expend not

 

more than $2,000,000.00 of the funds as matching funds upon the

 

commitment of matching dollars from private sources. For every

 

$1.00 the talent investment agency elects to receive from a private

 

source for the purposes of a community ventures program match, the

 

talent investment agency shall expend $1.00 from the appropriation

 

in part 1 up to $2,000,000.00. Funds received from private sources

 

for a community ventures program match are appropriated upon

 

receipt and shall be expended for the purposes of the community

 

ventures program.

 

     (2) The talent investment agency shall identify specific

 

outcomes and performance measures for this initiative, including,

 

but not limited to, the following:

 

     (a) The number of commitments from private sources, including

 

the dollar amount committed and source.

 

     (b) Additional participants served with challenge funds.

 

     (c) Jobs created and the average wage.

 

     Sec. 583. From the funds appropriated in part 1 for Michigan

 

Works!, $866,000.00 shall be awarded for a retirement funding

 

shortfall at an association established to provide services and

 

support to Michigan's workforce development system located in a

 

county with a population of between 16,000 and 17,000 according to

 

the most recent federal decennial census.

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