Bill Text: MI SB0218 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Appropriations; other; executive recommendation; provide for omnibus bill. Creates appropriations act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-07 - Referred To Committee On Appropriations [SB0218 Detail]
Download: Michigan-2017-SB0218-Introduced.html
SENATE BILL No. 218
March 7, 2017, Introduced by Senator HILDENBRAND and referred to the Committee on Appropriations.
A bill to make appropriations for various state departments and agencies; the
judicial branch, and the legislative branch for the fiscal years ending September 30,
2018; to provide anticipated appropriations for the fiscal year ending September 30,
2019; to provide for certain conditions on appropriations; to provide for the
expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
For Fiscal For Fiscal
Year Ending Year Ending
Sept. 30, 2018 Sept. 30, 2019
APPROPRIATION SUMMARY
GROSS APPROPRIATION...................................... $ 56,267,284,800 $ 56,107,581,100
Total interdepartmental grants and interdepartmental
transfers............................................... 880,233,700 880,233,700
ADJUSTED GROSS APPROPRIATION............................. $ 55,387,051,100 $ 55,227,347,400
Total federal revenues................................... 23,096,003,500 22,961,727,700
Total local revenues..................................... 214,888,900 213,388,900
Total private revenues................................... 168,256,300 168,256,300
Total other state restricted revenues.................... 21,758,509,400 21,897,244,900
State general fund/general purpose....................... $ 10,149,393,000 $ 9,986,729,600
Article 1
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 1-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of agriculture and rural development are
appropriated for the fiscal year ending September 30, 2018, and are anticipated to be
appropriated for the fiscal year ending September 30, 2019, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 493.5 493.5
GROSS APPROPRIATION...................................... $ 104,928,800 $ 100,748,700
Total interdepartmental grants and interdepartmental
transfers............................................... 310,300 310,300
ADJUSTED GROSS APPROPRIATION............................. $ 104,618,500 $ 100,438,400
Total federal revenues................................... 11,273,900 11,273,900
Total local revenues..................................... 0 0
Total private revenues................................... 101,600 101,600
Total other state restricted revenues.................... 36,661,000 36,660,900
State general fund/general purpose....................... $ 56,582,000 $ 52,402,000
State general fund/general purpose schedule:
Ongoing state general fund/general purpose.......... . 52,402,000 52,402,000
One-time state general fund/general purpose........... 4,180,000 0
Sec. 1-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 36.0 36.0
Unclassified salaries-6.0 FTE positions.................. $ 562,300 $ 562,300
Accounting service center................................ 1,150,400 1,150,400
Commissions and boards................................... 23,800 23,800
Emergency management-4.0 FTE positions................... 979,600 979,600
Executive direction-11.0 FTE positions................... 1,426,100 1,426,100
Operational services-20.0 FTE positions.................. 2,008,800 2,008,800
Property management...................................... 709,000 709,000
Statistical reporting service-1.0 FTE position........... 204,700 204,700
GROSS APPROPRIATION...................................... $ 7,064,700 $ 7,064,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 334,400 334,400
Special revenue funds:
Private revenues......................................... 50,000 50,000
Other state restricted revenues.......................... 1,050,500 1,050,500
State general fund/general purpose....................... $ 5,629,800 $ 5,629,800
Sec. 1-103. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 1,778,500 $ 1,778,500
GROSS APPROPRIATION...................................... $ 1,778,500 $ 1,778,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory affairs.. 3,200 3,200
Special revenue funds:
Other state restricted revenues.......................... 187,600 187,600
State general fund/general purpose....................... $ 1,587,700 $ 1,587,700
Sec. 1-104. FOOD AND DAIRY
Full-time equated classified positions.................. 125.0 125.0
Food safety and quality assurance-94.0 FTE positions..... $ 16,648,400 $ 16,648,400
Milk safety and quality assurance-31.0 FTE positions..... 4,510,300 4,510,300
GROSS APPROPRIATION...................................... $ 21,158,700 $ 21,158,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,437,800 2,437,800
Special revenue funds:
Other state restricted revenues.......................... 5,729,700 5,729,700
State general fund/general purpose....................... $ 12,991,200 $ 12,991,200
Sec. 1-105. ANIMAL INDUSTRY
Full-time equated classified positions.................. 61.0 61.0
Animal agriculture initiative............................ $ 399,000 $ 399,000
Animal disease prevention and response-61.0 FTE
positions............................................... 9,267,300 9,267,300
Indemnification - livestock depredation.................. 50,000 50,000
GROSS APPROPRIATION...................................... $ 9,716,300 $ 9,716,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 616,000 616,000
Special revenue funds:
Private revenues......................................... 30,500 30,500
Other state restricted revenues.......................... 263,000 263,000
State general fund/general purpose....................... $ 8,806,800 $ 8,806,800
Sec. 1-106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions.................. 94.0 94.0
Pesticide and plant pest management-88.0 FTE positions... $ 14,073,800 $ 14,073,800
Producer security/grain dealers-6.0 FTE positions........ 618,500 618,500
GROSS APPROPRIATION...................................... $ 14,692,300 $ 14,692,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,678,500 1,678,500
Special revenue funds:
Private revenues......................................... 21,100 21,100
Other state restricted revenues.......................... 7,148,800 7,148,800
State general fund/general purpose....................... $ 5,843,900 $ 5,843,900
Sec. 1-107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions.................. 65.5 65.5
Environmental stewardship - MAEAP-25.0 FTE positions..... $ 10,236,600 $ 10,236,600
Farmland and open space preservation-10.0 FTE positions.. 1,623,100 1,623,100
Intercounty drain-6.0 FTE positions...................... 802,900 802,900
Migrant labor housing-9.0 FTE positions.................. 1,206,800 1,206,800
Qualified forest program-9.0 FTE positions............... 2,697,300 2,697,300
Right-to-farm-6.5 FTE positions.......................... 950,800 950,800
GROSS APPROPRIATION...................................... $ 17,517,500 $ 17,517,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of environmental quality............. 88,500 88,500
Federal revenues:
Other federal revenues................................... 1,477,300 1,477,300
Special revenue funds:
Other state restricted revenues.......................... 9,719,500 9,719,500
State general fund/general purpose....................... $ 6,232,200 $ 6,232,200
Sec. 1-108. LABORATORY SERVICES
Full-time equated classified positions.................. 96.0 96.0
Consumer protection program-41.0 FTE positions........... $ 6,711,200 $ 6,711,200
Laboratory services-42.0 FTE positions................... 6,829,000 6,829,000
USDA monitoring-13.0 FTE positions....................... 1,622,100 1,622,100
GROSS APPROPRIATION...................................... $ 15,162,300 $ 15,162,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory affairs.. 218,600 218,600
Federal revenues:
Other federal revenues................................... 2,422,200 2,422,200
Special revenue funds:
Other state restricted revenues.......................... 5,874,100 5,874,100
State general fund/general purpose....................... $ 6,647,400 $ 6,647,400
Sec. 1-109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions.................. 16.0 16.0
Agriculture development-12.0 FTE positions............... $ 4,019,800 $ 4,019,800
Food and agriculture investment program.................. 2,743,900 2,743,900
Grape and wine program-3.0 FTE positions................. 927,000 927,000
Rural development fund grant program-1.0 FTE position.... 2,000,000 2,000,000
GROSS APPROPRIATION...................................... $ 9,690,700 $ 9,690,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,307,700 2,307,700
Special revenue funds:
Other state restricted revenues.......................... 3,020,500 3,020,500
State general fund/general purpose....................... $ 4,362,500 $ 4,362,500
Sec. 1-110. FAIRS AND EXPOSITIONS
County fairs, shows, and expositions grants.............. $ 300,500 $ 300,500
Fairs and racing......................................... 256,600 256,600
Licensed tracks - light horse racing..................... 40,300 40,300
Light horse racing - breeders' awards.................... 20,000 20,000
Purses and supplements - fairs/licensed tracks........... 708,300 708,300
Standardbred breeders' awards............................ 345,900 345,900
Standardbred purses and supplements - licensed tracks.... 671,800 671,800
Standardbred sire stakes................................. 275,000 275,000
Thoroughbred breeders' awards............................ 368,600 368,600
Thoroughbred sire stakes................................. 378,800 378,800
Thoroughbred supplements - licensed tracks............... 601,900 601,900
GROSS APPROPRIATION...................................... $ 3,967,700 $ 3,967,700
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 3,667,200 3,667,200
State general fund/general purpose....................... $ 300,500 $ 300,500
Sec. 1-111. ONE-TIME APPROPRIATIONS
Double up food bucks (statewide)......................... $ 750,000 $ 0
Drinking water declaration of emergency.................. 680,100 0
Enhanced wildlife risk management project................ 1,000,000 0
Intercounty drain........................................ 250,000 0
Tree fruit commission.................................... 1,500,000 0
GROSS APPROPRIATION...................................... $ 4,180,100 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 100 0
State general fund/general purpose....................... $ 4,180,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 1-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $93,243,000.00 and state spending from state resources to be paid to local units of
government for fiscal year 2018 is $7,350,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Environmental stewardship - MAEAP....................................... $ 4,250,000
Enhanced wildlife risk management project............................... 1,000,000
Qualified forest program................................................ 1,500,000
Rural development fund grant program.................................... 600,000
TOTAL..................................................................... $ 7,350,000
Sec. 1-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 1-203. As used in this article:
(a) "Department" means the department of agriculture and rural development.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "MAEAP" means the Michigan agriculture environmental assurance program.
(f) "TB" means tuberculosis.
(g) "USDA" means the United States Department of Agriculture.
Sec. 1-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 1-205. 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. 1-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 1-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 1-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 1-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 1-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $6,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 1-211. 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. 1-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 1-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 1-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$12,400,000.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $6,381,100.00. Total agency appropriations for retiree
health care legacy costs are estimated at $6,018,900.00.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 1-301. (1) The department may establish a fee schedule and collect fees for
the following work activities and services:
(a) Pesticide and plant pest management propagation and certification of virus-
free foundation stock.
(b) Fruit and vegetable inspection and grading services at shipping and
termination points and processing plants.
(c) Laboratory support testing for testing horses in draft horse pulling contests
at county fairs when local jurisdictions request state assistance.
(d) Laboratory support analyses to determine foreign substances in horses engaged
in racing or pulling contests at tracks.
(e) Laboratory support analyses of food, livestock, and agricultural products for
disease, foreign products for disease, toxic materials, foreign substances, and
quality standards.
(f) 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, fiscal agencies, and the state
budget office 30 days prior to proposing changes in fees authorized under this section
or under section 5 of the market conditions act, 1915 PA 91, MCL 285.35.
(4) On or before February 1 of each year, the department shall provide a report
to the subcommittees, fiscal agencies, and the state budget office detailing all the
fees charged by the department under the authorization provided in this section,
including, but not limited to, rates, number of individuals paying each fee, and the
revenue generated by each fee in the previous fiscal year.
Sec. 1-302. (1) The department may contract with or provide grants to local units
of government, institutions of higher education, or nonprofit organizations to support
activities authorized by appropriations in part 1. As used in this section, contracts
and grants include, but are not limited to, contracts for delivery of
groundwater/freshwater programs, MAEAP technical assistance, forest management,
invasive species monitoring, wildlife risk mitigation, grants promoting proper
pesticide disposal, and research grants for the purpose of enhancing the agricultural
industries in this state.
(2) The department shall provide notice of contracts or grants authorized under
this section to the subcommittees, fiscal agencies, and the state budget office not
later than 7 days before the department notifies contract or grant recipients.
FOOD AND DAIRY
Sec. 1-401. (1) The department shall report on the previous calendar year's
activities of the food and dairy division. The report shall include information on
activities and outcomes of the dairy safety and inspection program, the food safety
inspection program, the foodborne illness and emergency response program, and the food
service program.
(2) The report shall include information on significant foodborne outbreaks and
emergencies, including any enforcement actions taken related to food safety during the
prior calendar year.
(3) The report shall be transmitted to the subcommittees, fiscal agencies, and
the state budget office and posted to the department's website on or before April 1 of
each year.
ANIMAL INDUSTRY
Sec. 1-452. The department shall report on the previous calendar year's
activities of the animal industry division. The report shall be transmitted to the
subcommittees, fiscal agencies, and the state budget office and posted to the
department's website on or before April 1 of each year.
Sec. 1-453. (1) The department shall not make an indemnification payment
exceeding $100,000 in accordance with the animal industry act, 1988 PA 466, MCL
287.701 to 287.746, until the department provides all of the following information to
the subcommittees, fiscal agencies, and the state budget office:
(a) The reason for the indemnification.
(b) The amount of the indemnification.
(2) From the funds appropriated in part 1 for indemnification - livestock
depredation, the department shall make indemnification payments for livestock killed
by a wolf, coyote, or cougar pursuant to the wildlife depredation indemnification act,
2012 PA 487, MCL 285.361 to 285.365.
(3) The department shall include in their annual report required in section 452
all indemnification payments for livestock depredation made in the previous fiscal
year. The report shall include all of the following information:
(a) The reason for the indemnification.
(b) The amount of the indemnification.
(c) The person to whom the indemnification was paid.
Sec. 1-454. The department shall use its resources to collaborate with the USDA
to monitor bovine TB, consistent with the May 2016 memorandum of understanding between
the department and the USDA.
Sec. 1-458. From the funds appropriated in part 1 for animal industry, the
department shall provide inspection and testing of aquaculture facilities and
aquaculture researchers as provided under section 7 of the Michigan aquaculture
development act, 1996 PA 199, MCL 286.877.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 1-501. The department shall report on the previous calendar year's
activities of the pesticide and plant pest management division. The report shall be
transmitted to the subcommittees, fiscal agencies, and the state budget office and
posted to the department's website on or before April 1 of each year.
ENVIRONMENTAL STEWARDSHIP
Sec. 1-601. The funds appropriated in part 1 for environmental stewardship/MAEAP
shall be used to support department agriculture pollution prevention programs,
including groundwater and freshwater protection programs under part 87 of the Michigan
natural resources and environmental protection act, 1994 PA 451, MCL 324.8701 to
324.8717, and technical assistance in implementing conservation grants available under
the federal farm bill of 2014.
Sec. 1-602. The department shall report on the previous calendar year's
activities of the environmental stewardship division. The report shall be transmitted
to the subcommittees, fiscal agencies, and the state budget office and posted to the
department's website on or before April 1 of each year.
Sec. 1-604. The department may receive and expend federal revenues in excess of
the federal revenue appropriated in part 1, section 107, for environmental stewardship
and MAEAP activities. The department shall notify the subcommittees, fiscal agencies,
and the state budget office prior to expending federal revenues authorized under this
section.
Sec. 1-608. (1) The appropriations in part 1 for qualified forest affidavit
program are for the purpose of increasing the knowledge of nonindustrial private
forestland owners of sound forest management practices and increasing the amount of
commercial timber production from those lands.
(2) The department shall work in partnership with stakeholder groups and other
state and federal agencies to increase the active management of nonindustrial private
forestland to foster the growth of Michigan's timber product industry.
Sec. 1-651. The department shall report on the previous calendar year's
activities of the laboratory division. The report shall be transmitted to the
subcommittees, fiscal agencies, and the state budget office and posted to the
department's website on or before April 1 of each year.
AGRICULTURE DEVELOPMENT
Sec. 1-706. (1) From the funds appropriated in part 1 for agriculture
development, the department shall increase trade show and export business visit
attendance by 10 trade shows and 10 export business visits from the 2016-2017 fiscal
year. The purpose of this expansion is to promote the business of Michigan companies
and their products in global markets.
(2) The department shall report on the previous calendar year's activities of the
agriculture development division. The report shall be transmitted to the
subcommittees, fiscal agencies, and the state budget office and posted to the
department's website on or before April 1 of each year.
(3) The report shall include the following information on any grants awarded
during the prior fiscal year:
(a) The name of the grantee.
(b) The amount of the grant.
(c) The purpose of the grant, including measurable outcomes.
(d) Additional state, federal, private, or local funds contributed to the grant
project.
(e) The completion date of grant-funded activities.
Sec. 1-711. (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, and increase food processing activities
within the state by accelerating projects and infrastructure development that supports
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) Prior to 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
which shall include a listing of the grantees, award amounts, match funding, 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 Michigan's economy.
(7) The unexpended portion of the food and agriculture investment program shall
be considered a work project appropriation in accordance with section 451a(1) of the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(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) All projects will be funded in accordance with this section and the project
guidelines approved by the Michigan agriculture commission prior to an award.
(c) The estimated cost of this project is identified in the appropriation line
item.
(d) The tentative completion date for the work project is September 30, 2020.
(8) The department may expend money from the funds appropriated in part 1 for the
food and agriculture investment program including all of the following activities:
(a) grants
(b) loans or loan guarantees
(c) infrastructure development
(d) other economic assistance
(e) program administration
(f) export assistance, including staffing and the promotion of agriculture
exports and agriculture products at trade shows, buyers missions, food shows, trade
missions and other trade and export activities within the United States and
internationally.
FAIRS AND EXPOSITIONS
Sec. 1-802. All appropriations from the agriculture equine industry development
fund, except for the Michigan gaming control board's regulatory expenses and the
department's expenses to administer horse racing programs and laboratory analysis,
shall be reduced proportionately if revenues to the agriculture equine industry
development fund decline during the preceding fiscal year to a level lower than the
amounts appropriated in part 1.
Sec. 1-805. (1) The department shall establish and administer a county fairs,
shows, and expositions grant program. The program shall have the following objectives:
(a) Assist in the promotion of building improvements or other capital
improvements at county fairgrounds of the state.
(b) Provide financial support, promotion, prizes, and premiums of equine,
livestock, and other agricultural commodity expositions in the state.
(2) The department shall award grants on a competitive basis to county fairs or
other organizations from the funds appropriated in part 1 for county fairs, shows, and
expositions grants. Grantees will be required to provide a dollar-for-dollar cash
match with grant awards and identify measurable project outcomes. A county fair
organization that received a county fair capital improvement grant in the prior fiscal
year shall not receive a grant from the appropriation in part 1.
(3) From the amount appropriated in part 1 for county fairs, shows, and
expositions, up to $20,000.00 shall be expended for the purpose of financial support,
promotion, prizes, and premiums of equine, livestock, and other agricultural commodity
expositions in this state.
(4) All fairs receiving grants under this section shall provide a report to the
department on the financial impact resulting from the capital improvement project on
both fair and non-fair events. These reports are due for three years immediately
following the completion of the capital improvement project.
(5) The department shall identify criteria, evaluate applications, and provide
recommendations to the director for final approval of grant awards.
(6) The department may expend money from the funds appropriated in part 1 for the
county fairs, shows, and expositions grants for administering the program.
(7) The unexpended portion of the county fairs, shows, and expositions grants is
considered a work project appropriation in accordance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(a) The purpose of the project is to support building improvements or other
capital improvements at county fairgrounds of the state.
(b) All grants will be distributed in accordance with this section and the grant
guidelines published prior to the request for proposals.
(c) The estimated cost of the project is identified in the appropriation line item.
(d) The tentative completion date for the work project is September 30, 2020.
(8) The department shall provide a year-end report on the county fairs, shows,
and expositions grants no later than December 1, 2018 to the subcommittees, fiscal
agencies, and state budget office, which shall include a listing of the grantees,
award amounts, match funding, and project outcomes.
ONE-TIME APPROPRIATIONS
Sec. 1-901. (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) Genesee County food inspectors to perform water testing at local food service
establishments.
(b) Nutritional incentives provided to local residents through the Double Up Food
Bucks expansion program.
(2) The unexpended funds appropriated for drinking water declaration of emergency
are designated as a work project appropriation, and any unencumbered or unexpended
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 address needs in a city in which a
declaration of emergency was issued because of drinking water contamination.
(b) The projects will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is appropriated in Part 1.
(d) The tentative completion date is September 30, 2019.
Article 2
DEPARTMENT OF ATTORNEY GENERAL
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 2-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of attorney general are appropriated for the
fiscal year ending September 30, 2018, and are anticipated to be appropriated for the
fiscal year ending September 30, 2019, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in this
part:
DEPARTMENT OF ATTORNEY GENERAL
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 533.0 533.0
GROSS APPROPRIATION...................................... $ 101,068,800 $ 100,443,800
Total interdepartmental grants and interdepartmental
transfers............................................... 29,915,300 29,915,300
ADJUSTED GROSS APPROPRIATION............................. $ 71,153,500 $ 70,528,500
Total federal revenues................................... 9,518,000 9,518,000
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues.................... 21,336,900 21,461,900
State general fund/general purpose....................... $ 40,298,600 $ 39,548,600
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 39,548,600 39,548,600
One-time state general fund/general purpose........... 750,000 0
Sec. 2-102. ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 533.0 533.0
Attorney general-1.0 FTE position........................ $ 112,500 $ 112,500
Unclassified salaries-5.0 FTE positions.................. 776,600 776,600
Attorney general operations-490.0 FTE positions.......... 89,565,900 89,690,900
Child support enforcement-25.0 FTE positions............. 3,525,000 3,525,000
Prosecuting attorneys coordinating council-12.0 FTE
positions............................................... 2,155,500 2,155,500
Public safety initiative-1.0 FTE position................ 906,200 906,200
Sexual assault law enforcement-5.0 FTE positions......... 1,716,400 1,716,400
GROSS APPROPRIATION...................................... $ 98,758,100 $ 98,883,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections....................... 664,500 664,500
IDG from department of education......................... 599,200 599,200
IDG from department of environmental quality............. 2,020,000 2,020,000
IDG from department of health and human services......... 7,032,400 7,032,400
IDG from department of insurance and financial services.. 1,218,700 1,218,700
IDG from department of licensing and regulatory affairs.. 4,951,800 4,951,800
IDG from department of military and veterans affairs..... 166,100 166,100
IDG from department of state............................. 45,000 45,000
IDG from department of state police...................... 260,100 260,100
IDG from department of talent and economic development... 952,900 952,900
IDG from department of technology, management and
budget.................................................. 2,252,000 2,252,000
IDG from department of transportation.................... 2,832,000 2,832,000
IDG from department of treasury.......................... 6,920,600 6,920,600
Federal revenues:
Other federal revenues................................... 9,518,000 9,518,000
Special revenue funds:
Michigan merit award trust fund.......................... 499,500 499,500
Other state restricted revenues.......................... 20,837,400 20,962,400
State general fund/general purpose....................... $ 37,987,900 $ 37,987,900
Sec. 2-103. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 1,560,700 $ 1,560,700
GROSS APPROPRIATION...................................... $ 1,560,700 $ 1,560,700
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 1,560,700 $ 1,560,700
Sec. 2-104. ONE-TIME APPROPRIATIONS
PACC juvenile life without parole cases.................. $ 750,000 $ 0
GROSS APPROPRIATION...................................... $ 750,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 750,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 2-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $61,635,500.00 and state spending from state resources to be paid to local units of
government for fiscal year 2018 is $0.00.
Sec. 2-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 2-203. As used in this article:
(a) "Department" means the department of attorney general.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "PACC" means prosecuting attorneys coordinating council.
Sec. 2-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 2-205. 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. 2-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 2-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 2-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 2-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 2-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,500,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,500,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 2-211. 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. 2-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 2-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 2-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$17,281,300.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $8,893,100.00. Total agency appropriations for retiree
health care legacy costs are estimated at $8,388,200.00.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 2-301. From the funds appropriated in part 1 for attorney general
operations, the Attorney General shall maintain a minimum of 24 drug investigations
and may prosecute when sufficient evidence is obtained. The purpose of this investment
is to establish a specialized drug investigation and prosecution unit.
Sec. 2-302. (1) The attorney general shall perform all legal services, including
representation before courts and administrative agencies rendering legal opinions and
providing legal advice to a principal executive department or state agency. A
principal executive department or state agency shall not employ or enter into a
contract with any other person for services described in this section.
(2) The attorney general shall defend judges of all state courts if a claim is
made or a civil action is commenced for injuries to persons or property caused by the
judge through the performance of the judge's duties while acting within the scope of
his or her authority as a judge.
(3) The attorney general shall perform the duties specified in 1846 RS 12, MCL
14.28 to 14.35, and 1919 PA 232, MCL 14.101 to 14.102, and as otherwise provided by
law.
Sec. 2-303. The attorney general may sell copies of the biennial report in excess
of the 350 copies that the attorney general may distribute on a gratis basis. Gratis
copies shall not be provided to members of the legislature. Electronic copies of
biennial reports shall be made available on the department 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. 2-304. The department of attorney general is responsible for the legal
representation for state of Michigan state employee worker's disability compensation
cases. The risk management revolving fund revenue appropriation in part 1 is to be
satisfied by billings from the department of attorney general for the actual costs of
legal representation, including salaries and support costs.
Sec. 2-305. In addition to the funds appropriated in part 1, not more than
$400,000.00 shall be reimbursed per fiscal year for food stamp fraud cases heard by
the third circuit court of Wayne County that were initiated by the department 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. 2-306. Any proceeds from a lawsuit initiated by or settlement agreement
entered into on behalf of this state against a manufacturer of tobacco products by the
attorney general are state funds and are subject to appropriation as provided by law.
Sec. 2-307. (1) In addition to the antitrust revenues in part 1, antitrust,
securities fraud, consumer protection or class action enforcement revenues, or
attorney fees recovered by the department, not to exceed $250,000.00, are appropriated
to the department for antitrust, securities fraud, and consumer protection or class
action enforcement cases.
(2) Any unexpended funds from antitrust, securities fraud, or consumer protection
or class action enforcement revenues at the end of the fiscal year, including
antitrust funds in part 1, may be carried forward for expenditure in the following
fiscal year up to the maximum authorization of $250,000.00.
Sec. 2-308. (1) In addition to the funds appropriated in part 1, there is
appropriated up to $1,000,000.00 from litigation expense reimbursements awarded to the
state.
(2) The funds may be expended for the payment of court judgments, settlements,
arbitration awards or other administrative and litigation decisions, attorney fees,
and litigation costs, assessed against the office of the governor, the department of
the attorney general, the governor, or the attorney general when acting in an official
capacity as the named party in litigation against the state. The funds may also be
expended for the payment of state costs incurred under section 16 of chapter X of the
code of criminal procedure, 1927 PA 175, MCL 770.16.
(3) Unexpended funds at the end of the fiscal year may be carried forward for
expenditure in the following year, up to a maximum authorization of $1,000,000.00.
Sec. 2-309. From the prisoner reimbursement funds appropriated in part 1, the
department may spend up to $627,400.00 on activities related to the state correctional
facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. In addition to the
funds appropriated in part 1, if the department collects in excess of $1,131,000.00 in
gross annual prisoner reimbursement receipts provided to the general fund, the excess,
up to a maximum of $1,000,000.00, is appropriated to the department of attorney
general and may be spent on the representation of the department of corrections and
its officers, employees, and agents, including, but not limited to, the defense of
litigation against the state, its departments, officers, employees, or agents in civil
actions filed by prisoners.
Sec. 2-310. (1) For the purposes of providing title IV-D child support
enforcement funding, the department of health and human services, as the state IV-D
agency, shall maintain a cooperative agreement with the attorney general for federal
IV-D funding to support the child support enforcement activities within the office of
the attorney general.
(2) The attorney general or his or her designee shall, to the extent allowable
under federal law, have access to any information used by the state to locate parents
who fail to pay court-ordered child support.
Sec. 2-312. The department 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. 2-314. From the lawsuit settlement proceeds fund appropriated in part 1, the
department may spend the funds for the costs of all associated expenses related to the
declaration of emergency due to drinking water contamination up to $2,600,000.00.
Sec. 2-314a. (1) From the funds appropriated in part 1 for one-time
appropriations for the attorney general, the department of attorney general shall
allocate $750,000.00 for investigations, crime victim rights, prosecutions, and
appeals for retroactive juvenile life without parole cases.
(2) The attorney general's office shall submit a detailed expenditure report to
the house and senate appropriations subcommittees on general government and the
judiciary, the senate and house fiscal agencies, and the state budget director by
September 30 detailing how the funds provided in subsection (1) were expended.
Sec. 2-317. (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.
Article 3
DEPARTMENT OF CIVIL RIGHTS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 3-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of civil rights are appropriated for the fiscal
year ending September 30, 2018, and are anticipated to be appropriated for the fiscal
year ending September 30, 2019, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF CIVIL RIGHTS
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 127.0 127.0
GROSS APPROPRIATION...................................... $ 16,099,600 $ 16,099,600
Total interdepartmental grants and interdepartmental
transfers............................................... 296,600 296,600
ADJUSTED GROSS APPROPRIATION............................. $ 15,803,000 $ 15,803,000
Total federal revenues................................... 2,775,800 2,775,800
Total local revenues..................................... 0 0
Total private revenues................................... 18,700 18,700
Total other state restricted revenues.................... 151,900 151,900
State general fund/general purpose....................... $ 12,856,600 $ 12,856,600
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 12,856,600 12,856,600
One-time state general fund/general purpose........... 0 0
Sec. 3-102. CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 127.0 127.0
Unclassified salaries-6.0 FTE positions.................. $ 680,100 $ 680,100
Civil rights operations-121.0 FTE positions.............. 13,906,500 13,906,500
Division on deaf and hard of hearing-6.0 FTE positions... 800,400 800,400
GROSS APPROPRIATION...................................... $ 15,387,000 $ 15,387,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management and
budget.................................................. 296,600 296,600
Federal revenues:
Other federal revenues................................... 2,760,800 2,760,800
Special revenue funds:
Private revenues......................................... 18,700 18,700
Other state restricted revenues.......................... 151,900 151,900
State general fund/general purpose....................... $ 12,159,000 $ 12,159,000
Sec. 3-103. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 712,600 $ 712,600
GROSS APPROPRIATION...................................... $ 712,600 $ 712,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 15,000 15,000
Special revenue funds:
State general fund/general purpose....................... $ 697,600 $ 697,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 3-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $13,008,500.00 and state spending from state resources to be paid to local units of
government for fiscal year 2018 is $0.00.
Sec. 3-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 3-203. As used in this article:
(a) "Department" means the department of civil rights.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 3-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 3-205. 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. 3-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 3-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 3-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 3-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 3-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $750,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 3-211. 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. 3-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 3-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 3-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$2,695,600.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $1,387,200.00. Total agency appropriations for retiree
health care legacy costs are estimated at $1,308,400.00.
CIVIL RIGHTS OPERATIONS
Sec. 3-402. (1) In addition to the appropriations contained in part 1, the
department of civil rights may receive and expend funds from local or private sources
for all of the following purposes:
(a) Developing and presenting training for employers on equal employment
opportunity law and procedures.
(b) The publication and sale of civil rights related informational material.
(c) The provision of copy material made available under freedom of information
requests.
(d) Other copy fees, subpoena fees, and witness fees.
(e) Developing, presenting, and participating in mediation processes for certain
civil rights cases.
(f) Workshops, seminars, and recognition or award programs consistent with the
programmatic mission of the individual unit sponsoring or coordinating the programs.
(g) Staffing costs for all activities included in this subsection.
(2) The department of civil rights shall annually report to the state budget
director, the senate and house of representatives standing committees on
appropriations, and the senate and house fiscal agencies the amount of funds received
and expended for purposes authorized under this section.
Sec. 3-403. The department of civil rights may contract with local units of
government to review equal employment opportunity compliance of potential contractors
and may charge for and expend amounts received from local units of government for the
purpose of developing and providing these contractual services.
Article 4
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 4-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of corrections are appropriated for the fiscal
year ending September 30, 2018, and are anticipated to be appropriated for the fiscal
year ending September 30, 2019, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 16.0 16.0
Full-time equated classified positions.................. 13,803.9 13,803.9
GROSS APPROPRIATION...................................... $ 2,014,419,200 $ 2,010,060,200
Total interdepartmental grants and interdepartmental
transfers............................................... 0 0
ADJUSTED GROSS APPROPRIATION............................. $ 2,014,419,200 $ 2,010,060,200
Total federal revenues................................... 5,293,800 5,293,800
Total local revenues..................................... 8,842,400 8,842,400
Total private revenues................................... 0 0
Total other state restricted revenues.................... 36,149,400 36,149,400
State general fund/general purpose....................... $ 1,964,133,600 $ 1,959,774,600
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 1,959,774,600 1,959,774,600
One-time state general fund/general purpose........... 4,359,000 0
Sec. 4-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 16.0 16.0
Full-time equated classified positions.................. 270.0 270.0
Unclassified salaries-16.0 FTE positions................. $ 1,847,600 $ 1,847,600
Administrative hearings officers......................... 3,231,400 3,231,400
Budget and operations administration-188.0 FTE
positions............................................... 25,322,500 25,322,500
Compensatory buyout and union leave bank................. 100 100
County jail reimbursement program........................ 15,064,600 15,064,600
Equipment and special maintenance........................ 1,559,700 1,559,700
Executive direction-20.0 FTE positions................... 4,238,300 4,238,300
Judicial data warehouse user fees........................ 50,600 50,600
New custody staff training............................... 9,411,200 9,411,200
Prison industries operations-62.0 FTE positions.......... 9,893,600 9,893,600
Property management...................................... 2,413,100 2,413,100
Prosecutorial and detainer expenses...................... 5,001,000 5,001,000
Sheriffs' coordinating and training office............... 100,000 100,000
Worker's compensation.................................... 10,482,200 10,482,200
GROSS APPROPRIATION...................................... $ 88,615,900 $ 88,615,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 674,700 674,700
Special revenue funds:
Other state restricted revenues.......................... 16,508,600 16,508,600
State general fund/general purpose....................... $ 71,432,600 $ 71,432,600
Sec. 4-103. PRISONER REENTRY AND COMMUNITY SUPPORT
Full-time equated classified positions.................. 338.4 338.4
Community corrections comprehensive plans and services... $ 12,158,000 $ 12,158,000
Education program-266.4 FTE positions.................... 37,739,100 37,739,100
Felony drunk driver jail reduction and community
treatment program....................................... 1,440,100 1,440,100
Prisoner reentry federal grants.......................... 751,000 751,000
Prisoner reentry local service providers................. 13,208,600 13,208,600
Prisoner reentry MDOC programs........................... 9,624,100 9,624,100
Public safety initiative................................. 4,500,000 4,500,000
Reentry services-72.0 FTE positions.................... . 15,264,300 15,264,300
Residential services..................................... 15,475,500 15,475,500
GROSS APPROPRIATION...................................... $ 110,160,700 $ 110,160,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,274,600 2,274,600
Special revenue funds:
Other state restricted revenues.......................... 5,213,200 5,213,200
State general fund/general purpose....................... $ 102,672,900 $ 102,672,900
Sec. 4-104. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions.................. 2,192.6 2,192.6
Criminal justice reinvestment............................ $ 4,573,300 $ 4,573,300
Detroit Detention Center-63.1 FTE positions.............. 8,567,400 8,567,400
Detroit Reentry Center-223.0 FTE positions............... 28,129,400 28,129,400
Field operations-1,873.5 FTE positions................... 214,438,600 214,438,600
Parole board operations-33.0 FTE positions............... 3,850,100 3,850,100
Parole sanction certainty program........................ 1,440,000 1,440,000
Parole/probation services................................ 940,000 940,000
Residential alternative to prison program................ 1,500,000 1,500,000
GROSS APPROPRIATION...................................... $ 263,438,800 $ 263,438,800
Appropriated from:
Special revenue funds:
Local revenues........................................... 8,842,400 8,842,400
Other state restricted revenues.......................... 7,858,500 7,858,500
State general fund/general purpose....................... $ 246,737,900 $ 246,737,900
Sec. 4-105. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions.................. 311.0 311.0
Central records-44.0 FTE positions....................... $ 5,178,100 $ 5,178,100
Correctional facilities administration-21.0 FTE
positions............................................... 5,084,000 5,084,000
Housing inmates in federal institutions.................. 611,000 611,000
Inmate housing fund...................................... 100 100
Inmate legal services.................................... 590,900 590,900
Leased beds and alternatives to leased beds.............. 100 100
Prison food service...................................... 58,491,900 58,491,900
Prison store operations-34.0 FTE positions............... 3,323,600 3,323,600
Public works programs.................................... 1,000,000 1,000,000
Transportation-212.0 FTE positions....................... 25,570,300 25,570,300
GROSS APPROPRIATION...................................... $ 99,850,000 $ 99,850,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 683,000 683,000
Special revenue funds:
Other state restricted revenues.......................... 4,894,500 4,894,500
State general fund/general purpose....................... $ 94,272,500 $ 94,272,500
Sec. 4-106. HEALTH CARE
Full-time equated classified positions.................. 1,466.1 1,466.1
Clinical complexes-1,052.1 FTE positions................. $ 145,809,400 $ 145,809,400
Health care administration-22.0 FTE positions............ 3,818,700 3,818,700
Healthy Michigan plan administration-12.0 FTE positions.. 1,107,300 1,107,300
Hepatitis C treatment.................................... 11,735,500 11,735,500
Interdepartmental grant to health and human services,
eligibility specialists................................. 116,000 116,000
Mental health services and support-372.0 FTE positions... 61,244,200 61,244,200
Prisoner health care services............................ 73,942,800 73,942,800
Substance abuse testing and treatment services-8.0 FTE
positions............................................... 21,596,300 21,596,300
Vaccination program...................................... 691,200 691,200
GROSS APPROPRIATION...................................... $ 320,061,400 $ 320,061,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 626,700 626,700
Special revenue funds:
Other state restricted revenues.......................... 257,200 257,200
State general fund/general purpose....................... $ 319,177,500 $ 319,177,500
Sec. 4-107. CORRECTIONAL FACILITIES
Full-time equated classified positions.................. 9,225.8 9,225.8
Alger Correctional Facility - Munising-260.0 FTE
positions............................................... $ 30,945,800 $ 30,945,800
Baraga Correctional Facility - Baraga-294.8 FTE
positions............................................... 35,688,200 35,688,200
Bellamy Creek Correctional Facility - Ionia-390.2 FTE
positions............................................... 44,219,200 44,219,200
Carson City Correctional Facility - Carson City-425.4
FTE positions........................................... 48,952,600 48,952,600
Central Michigan Correctional Facility - St. Louis-
388.6 FTE positions..................................... 46,460,280 46,460,280
Charles E. Egeler Correctional Facility - Jackson-
382.6 FTE positions..................................... 45,690,000 45,690,000
Chippewa Correctional Facility - Kincheloe-445.6 FTE
positions............................................... 51,628,100 51,628,100
Cooper Street Correctional Facility - Jackson-263.1
FTE positions........................................... 29,999,800 29,999,800
Earnest C. Brooks Correctional Facility - Muskegon-
440.9 FTE positions..................................... 51,192,500 51,192,500
G. Robert Cotton Correctional Facility - Jackson-394.0
FTE positions........................................... 45,054,700 45,054,700
Gus Harrison Correctional Facility - Adrian-442.6 FTE
positions............................................... 49,856,800 49,856,800
Ionia Correctional Facility - Ionia-286.3 FTE positions.. 34,259,900 34,259,900
Kinross Correctional Facility - Kincheloe-257.6 FTE
positions............................................... 32,747,300 32,747,300
Lakeland Correctional Facility - Coldwater-278.4 FTE
positions............................................... 33,505,000 33,505,000
Macomb Correctional Facility - New Haven-294.8 FTE
positions............................................... 35,016,900 35,016,900
Marquette Branch Prison - Marquette-321.7 FTE positions.. 39,625,000 39,625,000
Michigan Reformatory - Ionia-310.7 FTE positions......... 35,645,200 35,645,200
Muskegon Correctional Facility - Muskegon-205.0 FTE
positions............................................... 25,637,900 25,637,900
Newberry Correctional Facility - Newberry-200.1 FTE
positions............................................... 24,618,700 24,618,700
Oaks Correctional Facility - Eastlake-290.4 FTE
positions............................................... 34,425,900 34,425,900
Ojibway Correctional Facility - Marenisco-203.1 FTE
positions............................................... 23,689,900 23,689,900
Parnall Correctional Facility - Jackson-262.1 FTE
positions............................................... 28,947,300 28,947,300
Richard A. Handlon Correctional Facility - Ionia-252.7
FTE positions........................................... 30,442,600 30,442,600
Saginaw Correctional Facility - Freeland-274.9 FTE
positions............................................... 33,291,500 33,291,500
Special alternative incarceration program – Camp
Cassidy Lake-119.0 FTE positions........................ 13,869,400 13,869,400
St. Louis Correctional Facility - St. Louis-303.6 FTE
positions............................................... 37,497,500 37,497,500
Thumb Correctional Facility - Lapeer-283.6 FTE
positions............................................... 33,353,100 33,353,100
Womens Huron Valley Correctional Complex - Ypsilanti-
506.1 FTE positions..................................... 60,163,400 60,163,400
Woodland Correctional Facility - Whitmore Lake-278.9
FTE positions........................................... 32,824,220 32,824,220
Northern region administration and support-48.0 FTE
positions............................................... 4,789,600 4,789,600
Southern region administration and support-121.0 FTE
positions............................................... 23,503,100 23,503,100
GROSS APPROPRIATION...................................... $ 1,097,541,400 $ 1,097,541,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,034,800 1,034,800
Special revenue funds:
Other state restricted revenues.......................... 102,100 102,100
State general fund/general purpose....................... $ 1,096,404,500 $ 1,096,404,500
Sec. 4-108. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 30,392,000 $ 30,392,000
GROSS APPROPRIATION...................................... $ 30,392,000 $ 30,392,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 1,315,300 1,315,300
State general fund/general purpose....................... $ 29,076,700 $ 29,076,700
Sec. 4-109. ONE-TIME APPROPRIATIONS
New custody staff training............................... $ 4,359,000 $ 0
GROSS APPROPRIATION...................................... $ 4,359,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 4,359,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 4-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $2,000,283,000.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $114,388,800.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF CORRECTIONS
Public safety initiative................................................ $ 4,500,000
Residential services.................................................... 15,475,500
Field operations........................................................ 62,750,500
Community corrections comprehensive plans and services.................. 12,158,000
Reentry services........................................................ 1,500,000
Felony drunk driver jail reduction and community treatment program...... 1,440,100
Leased beds and alternatives to leased beds............................. 100
County jail reimbursement program....................................... 15,064,600
Residential alternative to prison program............................... 1,500,000
TOTAL..................................................................... $ 114,388,800
Sec. 4-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 4-203. As used in this article:
(a) "Administrative segregation" means confinement for maintenance of order or
discipline to a cell or room apart from accommodations provided for inmates who
areparticipating in programs of the facility.
(b) "Cost per prisoner" means the sum total of the funds appropriated under part
1 for the following, divided by the projected prisoner population in fiscal year 2017-
2018:
(i) Correctional facilities.
(ii) Northern and southern region administration and support.
(iii) Clinical and mental health services and support.
(iv) Prisoner health care services.
(v) Vaccination program.
(vi) Prison food service.
(vii) Transportation.
(viii) Inmate legal services.
(ix) Correctional facilities administration.
(x) Central records.
(xi) Worker's compensation.
(xii) New custody staff training.
(xiii) Prison store operations.
(xiv) Education program.
(c) "Department" or "MDOC" means the Michigan department of corrections.
(d) "EPIC program" means the department's effective process improvement and
communications program.
(e) "Evidence-based" means a decision-making process that integrates the best
available research, clinician expertise, and client characteristics.
(f) "FTE" means full-time equated.
(g) "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, to reduce the length of stay in a jail,
or to improve the utilization of a jail.
(h) "Jail" means a facility operated by a local unit of government for the
physical detention and correction of persons charged with or convicted of criminal
offenses.
(i) "MDHHS" means the Michigan department of health and human services.
(j) "Medicaid benefit" means a benefit paid or payable under a program for
medical assistance under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
(k) "Objective risk and needs assessment" means an evaluation of an offender's
criminal history; the offender's noncriminal history; and any other factors relevant
to the risk the offender would present to the public safety, including, but not
limited to, having demonstrated a pattern of violent behavior, and a criminal record
that indicates a pattern of violent offenses.
(l) "Offender eligibility criteria" means particular criminal violations, state
felony sentencing guidelines descriptors, and offender characteristics developed by
advisory boards and approved by local units of government that identify the offenders
suitable for community corrections programs funded through the office of community
corrections.
(m) "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.
(n) "Offender target populations" means felons or misdemeanants who would likely
be sentenced to imprisonment in a state correctional facility or jail, who would not
likely increase the risk to the public safety based on an objective risk and needs
assessment that indicates that the offender can be safely treated and supervised in
the community.
(o) "Offender who would likely be sentenced to imprisonment" means either of the
following:
(i) A felon or misdemeanant who receives a sentencing disposition that appears to
be in place of incarceration in a state correctional facility or jail, according to
historical local sentencing patterns.
(ii) A currently incarcerated felon or misdemeanant who is granted early release
from incarceration to a community corrections program or who is granted early release
from incarceration as a result of a community corrections program.
(p) "Programmatic success" means that the department program or initiative has
ensured that the offender has accomplished all of the following:
(i) Obtained employment, has enrolled or participated in a program of education
or job training, or has investigated all bona fide employment opportunities.
(ii) Obtained housing.
(iii) Obtained a state identification card.
(q) "Recidivism" means the return of an individual to prison within 3 years after
he or she is released either with a new sentence to prison or as a technical violator
of parole conditions.
(r) "Serious emotional disturbance" means that term as defined in section 100d(2)
of the mental health code, 1974 PA 328, MCL 330.1100d.
(s) "Serious mental illness" means that term as defined in section 100d(3) of the
mental health code, 1974 PA 328, MCL 330.1100d.
Sec. 4-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 4-205. 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. 4-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 4-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 4-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 4-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $10,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 4-211. 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. 4-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 4-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 4-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$283,300,700.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $145,788,300.00. Total agency appropriations for retiree
health care legacy costs are estimated at $137,512,400.00.
Sec. 4-219. (1) Any contract for prisoner telephone services entered into after
the effective date of this section shall include a condition that fee schedules for
prisoner telephone calls, including rates and any surcharges other than those
necessary to meet program and special equipment costs, be the same as fee schedules
for calls placed from outside of correctional facilities.
(2) Revenues appropriated and collected for program and special equipment funds
shall be considered state restricted revenue. Funding shall be used for prisoner
programming, special equipment, and security projects. Unexpended funds remaining at
the close of the fiscal year shall not lapse to the general fund but shall be carried
forward and be available for appropriation in subsequent fiscal years.
(3) The department shall submit a report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget director by February 1 outlining revenues
and expenditures from program and special equipment funds. The report shall include
all of the following:
(a) A list of all individual projects and purchases financed with program and
special equipment funds in the immediately preceding fiscal year, the amounts expended
on each project or purchase, and the name of each vendor the products or services were
purchased from.
(b) A list of planned projects and purchases to be financed with program and
special equipment funds during the current fiscal year, the amounts to be expended on
each project or purchase, and the name of each vendor for which the products or
services were purchased.
(c) A review of projects and purchases planned for future fiscal years from
program and special equipment funds.
Sec. 4-220. The department may charge fees and collect revenues in excess of
appropriations in part 1 not to exceed the cost of offender services and programming,
employee meals, parolee loans, academic/vocational services, custody escorts,
compassionate visits, union steward activities, and public works programs and services
provided to local units of government or private nonprofit organizations. The revenues
and fees collected are appropriated for all expenses associated with these services
and activities.
Sec. 4-247. In cooperation with the State Court Administrative Office, the
department shall assist with the data compilation for the Swift and Sure Sanctions
Program.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 4-301. For 3 years after a felony offender is released from the department's
jurisdiction, the department shall maintain the offender's file on the offender
tracking information system and make it publicly accessible in the same manner as the
file of the current offender. However, the department shall immediately remove the
offender's file from the offender tracking information system upon determination that
the offender was wrongfully convicted and the offender's file is not otherwise
required to be maintained on the offender tracking information system.
Sec. 4-304. The department shall maintain a staff savings initiative program in
conjunction with the EPIC program for employees to submit suggestions for efficiencies
for the department. The department shall consider each suggestion in a timely manner.
By March 1, the department shall report to the senate and house appropriations
subcommittees on corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director on process improvements that were
implemented based on suggestions that were recommended for implementation from the
staff savings initiative and EPIC programs.
Sec. 4-305. From the funds appropriated in part 1 for prosecutorial and detainer
expenses, the department shall reimburse counties for housing and custody of parole
violators and offenders being returned by the department from community placement who
are available for return to institutional status and for prisoners who volunteer for
placement in a county jail.
Sec. 4-306. Funds included in part 1 for the sheriffs' coordinating and training
office are appropriated for and may be expended to defray costs of continuing
education, certification, recertification, decertification, and training of local
corrections officers, the personnel and administrative costs of the sheriffs'
coordinating and training office, the local corrections officers advisory board, and
the sheriffs' coordinating and training council under the local corrections officers
training act, 2003 PA 125, MCL 791.531 to 791.546.
Sec. 4-307. The department shall issue an annual report for all vendor contracts
to the senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state budget
office. The report shall cover service contracts with a value of $5 million 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.
PRISONER REENTRY AND COMMUNITY SUPPORT
Sec. 4-401. The department shall submit 3-year and 5-year prison population
projection updates concurrent with submission of the executive budget recommendation
to the senate and house appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and the state budget
director. The report shall include explanations of the methodology and assumptions
used in developing the projection updates.
Sec. 4-402. By March 1, the department shall provide a report on prisoner reentry
expenditures and allocations to the members of the senate and house appropriations
subcommittees on corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director. At a minimum, the report shall
include information on both of the following:
(a) Details on prior-year expenditures, including amounts spent on each project
funded, itemized by service provided and service provider.
(b) Allocations and planned expenditures for each project funded and for each
project to be funded, itemized by service to be provided and service provider. The
department shall provide an amended report quarterly, if any revisions to allocations
or planned expenditures occurred during that quarter.
Sec. 4-407. By June 30, the department shall place the statistical report from
the immediately preceding calendar year on an Internet site. The statistical report
shall include, but not be limited to, the information as provided in the 2004
statistical report.
Sec. 4-408. The department shall measure the recidivism rates of offenders.
Sec. 4-409. (1) The department shall engage with the talent investment agency
within the department of talent and economic development and local entities to design
services and shall use appropriations provided in part 1 for reentry and vocational
education programs. The department shall ensure that the collaboration provides
relevant professional development opportunities to prisoners to ensure that the
programs are high quality, demand driven, locally receptive, and responsive to the
needs of communities where the prisoners are expected to reside after their release
from correctional facilities. The programs shall begin upon the intake of the prisoner
into a department facility.
(2) The department may continue to offer workforce development programming
through the entire duration of the prisoner's incarceration to encourage employment
upon release.
(3) By March 1, the department shall provide a report to the senate and house
appropriations subcommittees on corrections, the legislative corrections ombudsman,
the senate and house fiscal agencies, and the state budget office detailing the
results of the workforce development program.
Sec. 4-410. (1) The funds included in part 1 for community corrections
comprehensive plans and services are to encourage the development through technical
assistance grants, implementation, and operation of community corrections programs
that enhance offender success and that also may serve as an alternative to
incarceration in a state facility or jail. The comprehensive corrections plans shall
include an explanation of how the public safety will be maintained, the goals for the
local jurisdiction, offender target populations intended to be affected, offender
eligibility criteria for purposes outlined in the plan, and how the plans will meet
the following objectives, consistent with section 8(4) of the community corrections
act, 1988 PA 511, MCL 791.408:
(a) Reduce admissions to prison of offenders who would likely be sentenced to
imprisonment, including probation violators.
(b) Improve the appropriate utilization of jail facilities, the first priority of
which is to open jail beds intended to house otherwise prison-bound felons, and the
second priority being to appropriately utilize jail beds so that jail crowding does
not occur.
(c) Open jail beds through the increase of pretrial release options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of offenders, including
probation violators and parole violators, for substance abuse violations.
(f) Contribute to offender success.
(2) The award of community corrections comprehensive plans and residential
services funds shall be based on criteria that include, but are not limited to, the
prison commitment rate by category of offenders, trends in prison commitment rates and
jail utilization, historical trends in community corrections program capacity and
program utilization, and the projected impact and outcome of annual policies and
procedures of programs on offender success, prison commitment rates, and jail
utilization.
(3) Funds awarded for residential services in part 1 shall provide for a per diem
reimbursement of not more than $47.50 for nonaccredited facilities, or of not more
than $48.50 for facilities that have been accredited by the American Corrections
Association or a similar organization as approved by the department.
Sec. 4-413. (1) The department shall identify and coordinate information
regarding the availability of and the demand for community corrections programs, jail-
based community corrections programs, jail-based probation violation sanctions, and
all state-required jail data.
(2) The department is responsible for the collection, analysis, and reporting of
all state-required jail data.
(3) As a prerequisite to participation in the programs and services offered
through the department, counties shall provide necessary jail data to the department.
Sec. 4-414. (1) The department shall administer a county jail reimbursement
program from the funds appropriated in part 1 for the purpose of reimbursing counties
for housing in jails certain felons who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse counties for convicted
felons in the custody of the sheriff if the conviction was for a crime committed on or
after January 1, 1999 and 1 of the following applies:
(a) The felon's sentencing guidelines recommended range upper limit is more than
18 months, the felon's sentencing guidelines recommended range lower limit is 12
months or less, the felon's prior record variable score is 35 or more points, and the
felon's sentence is not for commission of a crime in crime class G or crime class H or
a nonperson crime in crime class F under chapter XVII of the code of criminal
procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b) The felon's minimum sentencing guidelines range minimum is more than 12
months under the sentencing guidelines described in subdivision (a).
(c) The felon was sentenced to jail for a felony committed while he or she was on
parole and under the jurisdiction of the parole board and for which the sentencing
guidelines recommended range for the minimum sentence has an upper limit of more than
18 months.
(3) State reimbursement under this subsection shall be $65.00 per diem per
diverted offender for offenders with a presumptive prison guideline score, $55.00 per
diem per diverted offender for offenders with a straddle cell guideline for a group 1
crime, and $40.00 per diem per diverted offender for offenders with a straddle cell
guideline for a group 2 crime. Reimbursements shall be paid for sentences up to a 1-
year total.
(4) As used in this subsection:
(a) "Group 1 crime" means a crime in 1 or more of the following offense
categories: arson, assault, assaultive other, burglary, criminal sexual conduct,
homicide or resulting in death, other sex offenses, robbery, and weapon possession as
determined by the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement program in fiscal
year 2007 and fiscal year 2008, and listed in the county jail reimbursement program
document titled "FY 2007 and FY 2008 Group One Crimes Reimbursed", dated March 31,
2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime, including larceny,
fraud, forgery, embezzlement, motor vehicle, malicious destruction of property,
controlled substance offense, felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted felon has been
sentenced to the county jail and is either housed in the county jail or has been
released from jail and is being monitored through the use of the sheriff's electronic
monitoring system.
(5) County jail reimbursement program expenditures shall not exceed the amount
appropriated in part 1 for the county jail reimbursement program. Payments to counties
under the county jail reimbursement program shall be made in the order in which
properly documented requests for reimbursements are received. A request shall be
considered to be properly documented if it meets MDOC requirements for documentation.
By October 15, the department shall distribute the documentation requirements to all
counties.
(6) Any county that receives funding under this section for the purpose of
housing in jails certain felons who otherwise would have been sentenced to prison
shall, as a condition of receiving the funding, report by September 30 an annual
average jail capacity and annual average jail occupancy for the immediately preceding
fiscal year.
Sec. 4-416. Allowable uses of felony drunk driver jail reduction and community
treatment program funding shall include reimbursing counties for transportation,
treatment costs, and housing felony drunk drivers during a period of assessment for
treatment and case planning. Reimbursements for housing during the assessment process
shall be at the rate of $43.50 per day per offender, up to a maximum of 5 days per
offender.
Sec. 4-418. (1) The department shall collaborate with the state court
administrative office on facilitating changes to Michigan court rules that would
require the court to collect at the time of sentencing the state operator's license,
state identification card, or other documentation used to establish the identity of
the individual to be admitted to the department. The department shall maintain those
documents in the prisoner's personal file.
(2) The department shall cooperate with MDHHS to create and maintain a process by
which prisoners can obtain their Michigan birth certificates if necessary. The
department shall describe a process for obtaining birth certificates from other
states, and in situations where the prisoner's effort fails, the department shall
assist in obtaining the birth certificate.
(3) The department shall collaborate with the department of military and veterans
affairs to create and maintain a process by which prisoners can obtain a copy of their
DD Form 214 or other military discharge documentation if necessary.
Sec. 4-419. The department shall provide monthly electronic mail reports to the
senate and house appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and the state budget
director. The reports shall include information on end-of-month prisoner populations
in county jails, the net operating capacity according to the most recent certification
report, identified by date, and end-of-month data, year to date data, and comparisons
to the prior year for the following:
(a) Community residential program populations, separated by centers and
electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number in special
alternative incarceration.
(d) Prison and camp populations, with separate identification of the number in
special alternative incarceration and the number of lifers.
(e) Prisoners classified as past their earliest release date.
(f) Parole board activity, including the numbers and percentages of parole grants
and parole denials.
(g) Prisoner exits, identifying transfers to community placement, paroles from
prisons and camps, paroles from community placement, total movements to parole, prison
intake, prisoner deaths, prisoners discharging on the maximum sentence, and other
prisoner exits.
(h) Prison intake and returns, including probation violators, new court
commitments, violators with new sentences, escaper new sentences, total prison intake,
returns from court with additional sentences, community placement returns, technical
parole violator returns, and total returns to prison and camp.
Sec. 4-421. (1) Funds appropriated in part 1 for the parole sanction certainty
program shall be distributed to an American Correctional Association accredited
rehabilitation organization operating in any of the following counties: Berrien,
Calhoun, Genesee, Kalamazoo, Kent, Macomb, Muskegon, Oakland, Saginaw, and Wayne for
operations and administration of the program. The program may be utilized as a
condition of parole for technical parole violators to ensure public safety and justice
through a program based on evidence-based tactics and programs.
(2) The program or programs selected shall report by March 30 to the department,
the senate and house appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the state budget director.
The report shall include program performance measurements, the number of individuals
who participate in the program, the number of individuals who return to prison after
participating, and outcomes of participants who complete the program.
Sec. 4-422. On an annual basis, the department shall issue a report to the senate
and house appropriations subcommittees on corrections, the senate and house fiscal
agencies, and the legislative corrections ombudsman, for the previous fiscal year
detailing the outcomes of prisoners who have been reviewed for parole. The report
shall include all of the following:
(a) How many prisoners 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 grouped by whether
the prisoner had been interviewed for the first, second, third, fourth, fifth, sixth,
or more than sixth time.
(f) The number of paroles granted, denied, or deferred for each of the parole
guideline scores of low, average, and high.
(g) The reason for denying or deferring parole.
Sec. 4-425. (1) From the funds appropriated in part 1, the department shall
establish a medication-assisted treatment reentry pilot program to provide prerelease
treatment and postrelease referral for opioid-addicted and alcohol-addicted offenders
who voluntarily participate in the medication-assisted treatment reentry pilot
program. The department shall collaborate with residential and nonresidential
substance abuse treatment providers and with community-based clinics to provide
postrelease treatment. The program shall employ a multifaceted approach to treatment,
including a long-acting nonaddictive medication approved by the Food and Drug
Administration for the treatment of opioid and alcohol dependence, counseling, and
postrelease referral to community-based providers.
(2) The manufacturer of a long-acting nonaddictive medication approved by the
Food and Drug Administration for opioid and alcohol dependence shall provide the
department with samples of the medication, at no cost to the department, during the
duration of the medication-assisted treatment reentry pilot program. Offenders shall
receive 1 injection prior to being released from custody and shall be connected with
an aftercare plan and assistance with obtaining insurance to cover subsequent
injections.
(3) Participants of the program shall be required to attend substance abuse
treatment programming as directed by their agent, shall be subject to routine drug and
alcohol testing, shall not be allowed to consume drugs or alcohol, and shall possess a
strong will to overcome addiction.
(4) The department shall submit a report by September 30 to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget director on the number of
offenders who received injections upon release, the number of offenders who received
injections and tested positive for drugs or alcohol, the number of offenders who
received injections in the community for a duration of at least 3 months, and the
number of offenders who received injections and were subsequently returned to prison.
FIELD OPERATIONS ADMINISTRATION
Sec. 4-603. (1) All prisoners, probationers, and parolees involved with the
curfew monitoring program shall reimburse the department for costs associated with
their participation in the program. The department may require community service work
reimbursement as a means of payment for those able-bodied individuals unable to pay
for the costs of the equipment.
(2) Program participant contributions and local program reimbursement for the
curfew monitoring program appropriated in part 1 are related to program expenditures
and may be used to offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate funding to implement the
curfew monitoring program to be administered by the department. The curfew monitoring
program is intended to provide sentencing judges and county sheriffs in coordination
with local community corrections advisory boards access to the state's curfew
monitoring program to reduce prison admissions and improve local jail utilization. The
department shall determine the appropriate distribution of the curfew monitor units
throughout the state based upon locally developed comprehensive corrections plans
under the community corrections act, 1988 PA 511, MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department shall provide counties
with the curfew monitor equipment, replacement parts, administrative oversight of the
equipment's operation, notification of violators, and periodic reports regarding
county program participants. Counties are responsible for curfew monitor equipment
installation and service. For an additional fee as determined by the department, the
department shall provide staff to install and service the equipment. Counties are
responsible for the coordination and apprehension of program violators.
(5) Any county with curfew monitor charges outstanding over 60 days shall be
considered in violation of the community curfew monitor program agreement and lose
access to the program.
Sec. 4-604. The funds appropriated in part 1 for criminal justice reinvestment
shall be used only to fund evidence-based programs designed to reduce recidivism among
probationers and parolees.
Sec. 4-615. (1) The department shall submit a report detailing the number of
prisoners who have received life imprisonment sentences with the possibility of parole
and who are currently eligible for parole to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget director by April 30.
(2) The report shall include the following information on parolable lifers who
have served more than 25 years: prisoner name, MDOC identification number, prefix,
offense for which life term is being served, county of conviction, age at time offense
was committed, current age, race, gender, true security classification, dates of
parole board file reviews, dates of parole board interviews, parole guideline scores,
and reason for decision not to release.
Sec. 4-617. From the funds appropriated in part 1 for the residential alternative
to prison program, the department will provide vocational, educational, and cognitive
programming in a secure environment to enhance existing alternative sentencing
options, increase employment readiness and successful placement rates, and reduce new
criminal behavior for the West Michigan probation violator population. The department
shall measure and set the following metric goals:
(a) 85% of participants successfully complete the program
(b) Of the participants that complete the program, 75% will earn a nationally
recognized credential for career and vocational programs
(c) Of the participants that complete the program, 100% will earn a certificate
of completion for cognitive programming
(d) The prison commitment rate for probation violators will be reduced by 5%
within the impacted geographical area after the first year of program operation.
HEALTH CARE
Sec. 4-804. The department shall report quarterly to the senate and house
appropriations subcommittees on corrections, the legislative corrections ombudsman,
the senate and house fiscal agencies, and the state budget director on prisoner health
care utilization. The report shall include the number of inpatient hospital days,
outpatient visits, emergency room visits, and prisoners receiving off-site inpatient
medical care in the previous quarter, by facility.
Sec. 4-807. The funds appropriated in part 1 for Hepatitis C treatment shall be
used only to purchase specialty medication for Hepatitis C treatment in the prison
population. In addition to the above appropriation, any rebates received from the
medications used shall be used only to purchase specialty medication for Hepatitis C
treatment. On a biannual basis, the department shall issue a report to the senate and
house appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office, showing
for the previous 4 quarters the total amount spent on specialty medication for the
treatment of Hepatitis C, the number of prisoners that were treated, the amount of any
rebates that were received from the purchase of specialty medication, and what
outstanding rebates are expected to be received.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 4-906. Any local unit of government or private nonprofit organization that
contracts with the department for public works services shall be responsible for
financing the entire cost of such an agreement.
Sec. 4-907. The department shall report by March 1 to the senate and house
appropriations subcommittees on corrections, the legislative corrections ombudsman,
the senate and house fiscal agencies, and the state budget director on academic and
vocational programs. The report shall provide information relevant to an assessment of
the department's academic and vocational programs, including, but not limited to, all
of the following:
(a) The number of instructors and the number of instructor vacancies, by program
and facility.
(b) The number of prisoners enrolled in each program, the number of prisoners
completing each program, the number of prisoners who do not complete each program and
are not subsequently reenrolled, and the reason for not completing the program, the
number of prisoners transferred to another facility while enrolled in a program and
the reason for transfer, the number of prisoners enrolled who are repeating the
program, and the number of prisoners on waiting lists for each program, all itemized
by facility.
(c) The steps the department has undertaken to improve programs, track records,
accommodate transfers and prisoners with health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school diploma and the number
of prisoners paroled without a high school equivalency.
(e) An explanation of the value and purpose of each program, for example, to
improve employability, reduce recidivism, reduce prisoner idleness, or some
combination of these and other factors.
(f) An identification of program outcomes for each academic and vocational
program.
(g) The number of prisoners not paroled at their earliest release date due to
lack of a high school equivalency, and the reason those prisoners have not obtained a
high school equivalency.
Sec. 4-911. By March 1, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget director the number of
critical incidents occurring each month by type and the number and severity of
assaults, escape attempts, suicides, and attempted suicides occurring each month at
each facility during the immediately preceding calendar year.
Sec. 4-913. (1) From the funds appropriated in part 1, the department shall focus
on providing required programming to prisoners who are past their earliest release
date because of not having received the required programming. Programming includes,
but is not limited to, violence prevention programming, assaultive offender
programming, sexual offender programming, substance abuse treatment programming,
thinking for a change programming, and any other programming that is required as a
condition of parole.
(2) The department shall submit a quarterly report to the members of the senate
and house appropriations subcommittees on corrections, the senate and house fiscal
agencies, the state budget director, and the legislative corrections ombudsman
detailing enrollment in sex offender programming, assaultive offender programming,
violent offender programming, and thinking for a change programming. At a minimum, the
report shall include the following:
(a) A full accounting, from the date of entrance to prison, of the number of
individuals who are required to complete the programming, but have not yet done so.
(b) The number of individuals who have reached their earliest release date, but
who have not completed required programming.
(c) A plan of action for addressing any waiting lists or backlogs for programming
that may exist.
Sec. 4-924. The department shall evaluate all prisoners at intake for substance
abuse disorders, serious developmental disorders, serious mental illness, and other
mental health disorders. Prisoners with serious mental illness or serious
developmental disorders shall not be removed from the general population as a punitive
response to behavior caused by their serious mental illness or serious developmental
disorder. Due to persistent high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners with serious mental illness or serious
developmental disorders may be placed in secure residential housing programs that will
facilitate access to institutional programming and ongoing mental health services. A
prisoner with serious mental illness or serious developmental disorder who is confined
in these specialized housing programs shall be evaluated or monitored by a medical
professional at a frequency of not less than every 12 hours.
Sec. 4-925. By March 1, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget director on the annual number
of prisoners in administrative segregation between October 1, 2016 and September 30,
2017, and the annual number of prisoners in administrative segregation between October
1, 2016 and September 30, 2017 who at any time during the current or prior prison term
were diagnosed with serious mental illness or have a developmental disorder and the
number of days each of the prisoners with serious mental illness or a developmental
disorder have been confined to administrative segregation.
Sec. 4-929. From the funds appropriated in part 1, the department shall do all of
the following:
(a) Ensure that any inmate care and control staff in contact with prisoners less
than 18 years of age are adequately trained with regard to the developmental and
mental health needs of prisoners less than 18 years of age. By April 1, the department
shall report to the senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director 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 reentry program that recognizes the needs of
prisoners less than 18 years old for supervised reentry.
MISCELLANEOUS
Sec. 4-1009. The department shall make an information packet for the families of
incoming prisoners available on the department's website. The information packet shall
be updated by February 1 of each year. The packet shall provide information on topics
including, but not limited to: how to put money into prisoner accounts, how to make
phone calls or create Jpay email accounts, how to visit in person, proper procedures
for filing complaints or grievances, the rights of prisoners to physical and mental
health care, how to utilize the offender tracking information system (OTIS), truth-in-
sentencing and how it applies to minimum sentences, the parole process, and guidance
on the importance of the role of families in the reentry process. The department is
encouraged to partner with external advocacy groups and actual families of prisoners
in the packet-writing process to ensure that the information is useful and complete.
ONE-TIME APPROPRIATIONS
Sec. 4-1100. From the funds appropriated in part 1 for new custody staff
training, the department shall increase the training capacity for new custody staff by
177 officers. The purpose of this academy is to address higher than normal attrition
of correction officers and to decrease overtime costs.
Article 5
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 5-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of education are appropriated for the fiscal
year ending September 30, 2018, and are anticipated to be appropriated for the fiscal
year ending September 30, 2019, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 603.5 603.5
GROSS APPROPRIATION...................................... $ 349,309,500 $ 349,309,400
Total interdepartmental grants and interdepartmental
transfers............................................... 0 0
ADJUSTED GROSS APPROPRIATION............................. $ 349,309,500 $ 349,309,400
Total federal revenues................................... 251,854,700 251,854,700
Total local revenues..................................... 5,817,200 5,817,200
Total private revenues................................... 2,034,300 2,034,300
Total other state restricted revenues.................... 8,567,600 8,567,500
State general fund/general purpose....................... $ 81,035,700 $ 81,035,700
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 81,035,700 81,035,700
One-time state general fund/general purpose........... 0 0
Sec. 5-102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 11.0 11.0
Unclassified salaries-6.0 FTE positions.................. $ 851,900 $ 851,900
Education commission of the states....................... 120,800 120,800
State board of education, per diem payments.............. 24,400 24,400
State board/superintendent operations-11.0 FTE
positions............................................... 2,104,200 2,104,200
GROSS APPROPRIATION...................................... $ 3,101,300 $ 3,101,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 234,800 234,800
Special revenue funds:
Private revenues......................................... 28,100 28,100
Other state restricted revenues.......................... 773,300 773,300
State general fund/general purpose....................... $ 2,065,100 $ 2,065,100
Sec. 5-103. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated classified positions.................. 23.6 23.6
Central support operations-23.6 FTE positions............ $ 3,712,000 $ 3,712,000
Federal and private grants............................... 3,000,000 3,000,000
Property management...................................... 3,181,700 3,181,700
Terminal leave payments.................................. 353,300 353,300
Training and orientation workshops....................... 150,000 150,000
Worker's compensation.................................... 25,100 25,100
GROSS APPROPRIATION...................................... $ 10,422,100 $ 10,422,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,074,300 6,074,300
Special revenue funds:
Private revenues......................................... 1,000,000 1,000,000
Other state restricted revenues.......................... 554,000 554,000
State general fund/general purpose....................... $ 2,793,800 $ 2,793,800
Sec. 5-104. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 4,225,200 $ 4,225,200
GROSS APPROPRIATION...................................... $ 4,225,200 $ 4,225,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,460,200 2,460,200
Special revenue funds:
Other state restricted revenues.......................... 400,600 400,600
State general fund/general purpose....................... $ 1,364,400 $ 1,364,400
Sec. 5-105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions.................. 47.0 47.0
Special education operations-47.0 FTE positions.......... $ 9,164,800 $ 9,164,800
GROSS APPROPRIATION...................................... $ 9,164,800 $ 9,164,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,584,200 8,584,200
Special revenue funds:
Private revenues......................................... 110,100 110,100
Other state restricted revenues.......................... 44,700 44,700
State general fund/general purpose....................... $ 425,800 $ 425,800
Sec. 5-106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions.................. 82.0 82.0
Camp Tuhsmeheta-1.0 FTE position......................... $ 296,100 $ 296,100
Low incidence outreach program........................... 450,000 450,000
Michigan schools for the deaf and blind operations-
81.0 FTE positions...................................... 13,456,000 13,456,000
Private gifts - blind.................................... 200,000 200,000
Private gifts - deaf..................................... 150,000 150,000
GROSS APPROPRIATION...................................... $ 14,552,100 $ 14,552,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 7,431,900 7,431,900
Special revenue funds:
Local revenues........................................... 5,805,500 5,805,500
Private revenues......................................... 646,100 646,100
Other state restricted revenues.......................... 668,600 668,600
State general fund/general purpose....................... $ 0 $ 0
Sec. 5-107. PROFESSIONAL PREPARATION SERVICES
Full-time equated classified positions.................. 33.0 33.0
Professional preparation operations-33.0 FTE positions... $ 5,679,600 $ 5,679,600
GROSS APPROPRIATION...................................... $ 5,679,600 $ 5,679,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,465,900 1,465,900
Special revenue funds:
Other state restricted revenues.......................... 3,988,800 3,988,800
State general fund/general purpose....................... $ 224,900 $ 224,900
Sec. 5-108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions.................. 66.0 66.0
Child development and care external support.............. $ 28,368,900 $ 28,368,900
Child development and care public assistance............. 161,166,100 161,166,100
Head start collaboration office-1.0 FTE position......... 310,600 310,600
Office of great start operations-65.0 FTE positions...... 24,598,400 24,598,400
GROSS APPROPRIATION...................................... $ 214,444,000 $ 214,444,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 172,826,100 172,826,100
Special revenue funds:
Private revenues......................................... 250,000 250,000
Other state restricted revenues.......................... 64,600 64,600
State general fund/general purpose....................... $ 41,303,300 $ 41,303,300
Sec. 5-109. STATE AID AND SCHOOL FINANCE SERVICES
Full-time equated classified positions.................. 11.5 11.5
State aid and finance operations-11.5 FTE positions...... $ 1,648,600 $ 1,648,600
GROSS APPROPRIATION...................................... $ 1,648,600 $ 1,648,600
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 1,648,600 $ 1,648,600
Sec. 5-110. AUDIT SERVICES
Full-time equated classified positions.................. 4.5 4.5
Audit operations-4.5 FTE positions....................... $ 615,300 $ 615,300
GROSS APPROPRIATION...................................... $ 615,300 $ 615,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 488,800 488,800
Special revenue funds:
Other state restricted revenues.......................... 62,500 62,500
State general fund/general purpose....................... $ 64,000 $ 64,000
Sec. 5-111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions.................. 2.0 2.0
Administrative law operations-2.0 FTE positions.......... $ 1,375,400 $ 1,375,400
GROSS APPROPRIATION...................................... $ 1,375,400 $ 1,375,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 568,000 568,000
Special revenue funds:
Other state restricted revenues.......................... 707,700 707,700
State general fund/general purpose....................... $ 99,700 $ 99,700
Sec. 5-112. ACCOUNTABILITY SERVICES
Full-time equated classified positions.................. 64.6 64.6
Accountability services operations-64.6 FTE positions.... $ 16,216,300 $ 16,216,300
GROSS APPROPRIATION...................................... $ 16,216,300 $ 16,216,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,517,200 12,517,200
Special revenue funds:
State general fund/general purpose....................... $ 3,699,100 $ 3,699,100
Sec. 5-113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions.................. 83.6 83.6
School support services operations-83.6 FTE positions.... $ 15,571,200 $ 15,571,200
GROSS APPROPRIATION...................................... $ 15,571,200 $ 15,571,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 14,522,300 14,522,300
Special revenue funds:
Local revenues........................................... 11,700 11,700
Other state restricted revenues.......................... 159,300 159,300
State general fund/general purpose....................... $ 877,900 $ 877,900
Sec. 5-114. FIELD SERVICES
Full-time equated classified positions.................. 47.0 47.0
Field services operations-47.0 FTE positions............. $ 9,400,800 $ 9,400,800
GROSS APPROPRIATION...................................... $ 9,400,800 $ 9,400,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,636,300 8,636,300
Special revenue funds:
Other state restricted revenues.......................... 37,300 37,300
State general fund/general purpose....................... $ 727,200 $ 727,200
Sec. 5-115. EDUCATIONAL IMPROVEMENT AND INNOVATION SERVICES
Full-time equated classified positions.................. 44.7 44.7
Educational improvement and innovation operations-44.7
FTE positions........................................... $ 9,010,100 $ 9,010,100
GROSS APPROPRIATION...................................... $ 9,010,100 $ 9,010,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 5,898,200 5,898,200
Special revenue funds:
Other state restricted revenues.......................... 565,100 565,100
State general fund/general purpose....................... $ 2,546,800 $ 2,546,800
Sec. 5-116. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions.................. 29.0 29.0
Career and technical education operations-29.0 FTE
positions............................................... $ 5,252,700 $ 5,252,700
GROSS APPROPRIATION...................................... $ 5,252,700 $ 5,252,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 3,904,900 3,904,900
Special revenue funds:
State general fund/general purpose....................... $ 1,347,800 $ 1,347,800
Sec. 5-117. LIBRARY OF MICHIGAN
Full-time equated classified positions.................. 33.0 33.0
Library of Michigan operations-31.0 FTE positions........ $ 4,826,400 $ 4,826,400
Library services and technology program-1.0 FTE
position................................................ 5,611,400 5,611,400
Michigan eLibrary-1.0 FTE position....................... 1,753,100 1,753,100
Renaissance zone reimbursements.......................... 3,300,000 3,300,000
State aid to libraries................................... 9,876,000 9,876,000
GROSS APPROPRIATION...................................... $ 25,366,900 $ 25,366,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 5,611,400 5,611,400
Special revenue funds:
Other state restricted revenues.......................... 300,000 300,000
State general fund/general purpose....................... $ 19,455,500 $ 19,455,500
Sec. 5-118. EDUCATOR TALENT AND POLICY COORDINATION
Full-time equated classified positions.................. 17.0 17.0
Educator talent and policy coordination operations-
17.0 FTE positions...................................... $ 2,621,200 $ 2,621,200
GROSS APPROPRIATION...................................... $ 2,621,200 $ 2,621,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 630,200 630,200
Special revenue funds:
Other state restricted revenues.......................... 241,000 241,000
State general fund/general purpose....................... $ 1,750,000 $ 1,750,000
Sec. 5-119. PARTNERSHIP DISTRICT SUPPORT
Full-time equated classified positions.................. 4.0 4.0
Partnership district support operations-4.0 FTE
positions............................................... $ 641,800 $ 641,800
GROSS APPROPRIATION...................................... $ 641,800 $ 641,800
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 641,800 $ 641,800
Sec. 5-120. ONE-TIME APPROPRIATIONS
Drinking water declaration of emergency.................. $ 100 $ 0
GROSS APPROPRIATION...................................... $ 100 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 100 0
State general fund/general purpose....................... $ 0 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 5-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $89,603,300.00 and state spending from state resources to be paid to local units of
government for fiscal year 2018 is $13,176,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF EDUCATION
State aid to libraries.................................................. $ 9,876,000
Renaissance zone reimbursements......................................... 3,300,000
TOTAL..................................................................... $ 13,176,000
Sec. 5-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 5-203. As used in this article:
(a) "ACT" means the American College Testing Corporation.
(b) "Department" means the Michigan department of education.
(c) "District" means a local school district as defined in section 6 of the
revised school code, 1976 PA 451, MCL 380.6, or a public school academy as defined in
section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(d) "FTE" means full-time equated.
Sec. 5-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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 Intranetsite.
Sec. 5-205. 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. 5-206. The state superintendent of public instruction shall take all
reasonable steps to ensure businesses in deprived and depressed communities compete
for and perform contracts to provide services or supplies, or both. The state
superintendent of public instruction shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 5-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 5-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 5-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 5-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $700,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $250,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $3,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 5-211. 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. 5-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 5-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 5-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$15,429,100.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $7,939,900.00. Total agency appropriations for retiree
health care legacy costs are estimated at $7,489,200.00.
Sec. 5-215. The department shall provide through the Internet the state board of
education agenda and all supporting documents, and shall notify the state budget
director and the senate and house fiscal agencies that the agenda and supporting
documents are available on the Internet, at the time the agenda and supporting
documents are provided to state board of education members.
Sec. 5-217. The department may assist the department of health and human
services, other departments, and local school districts to secure reimbursement for
eligible services provided in Michigan schools from the federal Medicaid program. The
department may submit reports of direct expenses related to this effort to the
department of health and human services for reimbursement.
Sec. 5-220. The department shall post on its website a link to the federal
Institute of Education Sciences' What Works Clearinghouse. The department also shall
work to disseminate knowledge about the What Works Clearinghouse to districts and
intermediate districts so that it may be used to improve reading proficiency for
pupils in grades K to 3.
Sec. 5-226. From the funds appropriated in part 1, the department shall
coordinate with the other departments to streamline state services and resources,
reduce duplication, and increase efficiency. This includes, but is not limited to,
working with the department of technology, management, and budget to coordinate with
the school reform office, working with the department of treasury to coordinate with
the financial independence team and overseeing deficit districts, and working with the
department of health and human services and department of licensing and regulatory
affairs to coordinate with early childhood programs and overseeing child care
providers.
STATE BOARD/OFFICE OF THE SUPERINTENDENT
Sec. 5-301. (1) The appropriations in part 1 may be used for per diem payments to
the state board for meetings at which a quorum is present or for performing official
business authorized by the state board. The per diem payments shall be at a rate as
follows:
(a) State board of education - president - $110.00 per day.
(b) State board of education - member other than president - $100.00 per day.
(2) A state board of education member shall not be paid a per diem for more than
30 days per year.
SPECIAL EDUCATION SERVICES
Sec. 5-350. From the funds in part 1 for special education operations, the
department shall perform the following activities:
(a) Design and distribute to all parents of a newly identified 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.
(b) Train mediators who are knowledgeable about the dispute resolution system and
state and federal mandates pertaining to the rights and protections of students with
disabilities outlined in the federal individuals with disabilities education act, 20
USC 1400 to 1482, and the Michigan administrative rules for special education programs
and services, R 340.1701 to R 340.1862 of the Michigan administrative code. This
annual training will include coursework, resources, and materials.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 5-401. The employees at the Michigan schools for the deaf and blind who work
on a school-year basis are considered annual employees for purposes of service
credits, retirement, and insurance benefits.
Sec. 5-402. For each student enrolled at the Michigan schools for the deaf and
blind, the department shall assess the intermediate school district of residence 100%
of the cost of operating the student's instructional program. The amount shall exclude
room and board related costs and the cost of weekend transportation between the school
and the student's home.
Sec. 5-406. (1) The Michigan schools for the deaf and blind may promote its
residential program as a possible appropriate option for children who are deaf or hard
of hearing or who are blind or visually impaired. The Michigan schools for the deaf
and blind shall distribute information detailing its services to all intermediate
school districts in the state.
(2) Upon knowledge of or recognition by an intermediate school district that a
child in the district is deaf or hard of hearing or blind or visually impaired, the
intermediate school district shall provide to the parents of the child the literature
distributed by the Michigan schools for the deaf and blind to intermediate school
districts under subsection (1).
(3) Parents will continue to have a choice regarding the educational placement of
their deaf or hard-of-hearing children.
Sec. 5-407. Revenue received by the Michigan schools for the deaf and blind from
gifts, bequests, donations, and local district service fees that is unexpended at the
end of the state fiscal year may be carried over to the succeeding fiscal year and
shall not revert to the general fund.
Sec. 5-408. The funds collected by the Michigan schools for the deaf and blind
and the low incidence outreach program for document reproduction and services;
conferences, workshops, and training classes; and the use of specialized equipment,
facilities, and software 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.
PROFESSIONAL PREPARATION SERVICES
Sec. 5-501. From the funds appropriated in part 1 for professional preparation
services, the department shall maintain certificate revocation/felony conviction files
of educational personnel.
Sec. 5-503. From the funds appropriated in part 1, the department shall
coordinate professional development with the Michigan Virtual Learning Research
Institute and external stakeholders.
Sec. 5-506. Revenue received from teacher testing fees that is unexpended at the
end of the state fiscal year may be carried over to the succeeding fiscal year and
shall not revert to the general fund.
Sec. 5-507. From the funds appropriated in part 1, the department shall adopt a
teacher certification test that ensures that all newly certified elementary teachers
have the skills to deliver evidence-based literacy instruction. The department may use
teacher certification or teacher testing fee revenue to the extent allowable under law
to implement this section, or may pass along increased testing fees to teachers as
allowable and appropriate.
FIELD SERVICES
Sec. 5-701. (1) From the funds appropriated in part 1 for field services
operations, the department shall produce a report detailing the progress made by
districts with grades K to 8 or all of the grades a district operates if the district
operates less than grades K to 8 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.
(2) The report 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.
(b) A list of districts determined by the department to have successfully
implemented multitiered systems of supports.
(c) A list of best practices that the department has identified that may be used
by districts to implement multitiered systems of supports.
(d) Other information the department determines would be useful to understanding
the status of districts' implementation of effective multitiered systems of supports.
(3) The report shall be provided to the state budget director, the house and
senate subcommittees that oversee the department of education and school aid budgets,
and the house and senate fiscal agencies by September 30, 2018.
LIBRARY OF MICHIGAN
Sec. 5-801. The funds collected by the Library of Michigan for document
reproduction and services; conferences, workshops, and training classes; and the use
of specialized equipment, facilities, and software 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.
Sec. 5-804. (1) The funds appropriated in part 1 for renaissance zone
reimbursements shall be used to reimburse public libraries under section 12 of the
Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2017.
The allocations shall be made not later than 60 days after the department of treasury
certifies to the department and to the state budget director that the department of
treasury has received all necessary information to properly determine the amounts due
to each eligible recipient.
(2) If the amount appropriated under this section is not sufficient to fully pay
obligations under this section, payments shall be prorated on an equal basis among all
eligible public libraries.
MICHIGAN OFFICE OF GREAT START
Sec. 5-1004. From the funds appropriated in part 1 for child development and care
public assistance, the department shall increase reimbursement rates for child
development and care program providers. The purpose of the rate increase is to
increase the number of low-income children in high-quality early learning programs, to
increase the number of children ready for school at kindergarten entry, and to
increase the number of children who are reading at grade level by the end of third
grade.
Sec. 5-1005. From the increased funds appropriated in part 1 for child
development and care external support, the department shall work with the department
of licensing and regulatory affairs to provide fingerprinting services and background
checks of employees of child care providers as required by the federal child care and
development block grant.
Sec. 5-1007. (1) From the funds appropriated in part 1 for child development and
care - external support, the department shall create a report that shall include, but
is 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) The total number of on-site visits conducted since the start of the 2017-2018
fiscal year. This includes required initial licensure visits, annual monitoring
inspections, complaint investigations, and follow up to these visits as well as other
necessary on-site visits.
(c) The average number of on-site visits per consultant by licensing type made
since the start of fiscal year 2017-2018. This includes required initial licensure
visits, annual monitoring inspections, complaint investigations, and follow up to
these visits as well as other necessary on-site visits.
(d) The number of providers that have improved their quality rating since the
start of fiscal year 2017-2018 compared to the same time period in fiscal year 2016-
2017.
(e) A list of trainings and other structured activities offered by the department
or the department of licensing and regulatory affairs to licensing consultants and
managers as well as child care providers to improve performance and quality,
respectively.
(2) The report shall be sent to the state budget director, the house and senate
subcommittees that oversee the department of education, and the house and senate
fiscal agencies by November 30, 2018.
Sec. 5-1008. From the amount appropriated in part 1 for office of great start
operations, the department shall work with the department of health and human services
to coordinate services provided to families for home visits, reduce duplication of
state services and spending, and increase efficiencies including the home visits
funded under section 32p of the state school aid act of 1979, 1979 PA 94, MCL
388.1632p.
ACCOUNTABILITY SERVICES
Sec. 5-1021. Using the funds appropriated in part 1, the department shall work in
collaboration with the department of technology, management, and budget to renegotiate
the contract with the ACT to ensure that it registers, issues, and ships to schools a
printed national career readiness certificate (NCRC) to each Michigan student who
takes the ACT WorkKeys test, successfully completes the exam, qualifies for the
certificate, and ensures that the renegotiated contract results in minimal or no
additional costs to the state. If a renegotiation cannot be completed that results in
minimal or no additional costs to the state, the department shall rebid the contract
for the workskills portion of the Michigan merit exam (MME).
Article 6
DEPARTMENT OF ENVIRONMENTAL QUALITY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 6-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of environmental quality are appropriated for
the fiscal year ending September 30, 2018, and are anticipated to be appropriated for
the fiscal year ending September 30, 2019, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in this
part:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 1,254.0 1,254.0
GROSS APPROPRIATION...................................... $ 510,842,000 $ 432,941,900
Total interdepartmental grants and interdepartmental
transfers............................................... 3,100,500 3,100,500
ADJUSTED GROSS APPROPRIATION............................. $ 507,741,500 $ 429,841,400
Total federal revenues................................... 170,042,600 170,042,600
Total local revenues..................................... 0 0
Total private revenues................................... 555,300 555,300
Total other state restricted revenues.................... 285,825,300 208,925,200
State general fund/general purpose....................... $ 51,318,300 $ 50,318,300
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 50,318,300 50,318,300
One-time state general fund/general purpose........... 1,000,000 0
Sec. 6-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 52.0 52.0
Unclassified salaries-6.0 FTE positions.................. $ 776,600 $ 776,600
Accounting service center................................ 1,401,300 1,401,300
Administrative hearings officers......................... 383,900 383,900
Central support services-34.0 FTE positions.............. 4,184,100 4,184,100
Communications and community outreach-5.0 FTE
positions............................................... 1,013,800 1,013,800
Environmental support projects........................... 5,000,000 5,000,000
Executive direction-13.0 FTE positions................... 2,117,800 2,117,800
Facilities management.................................... 1,000,000 1,000,000
Property management...................................... 7,070,500 7,070,500
GROSS APPROPRIATION...................................... $ 22,948,000 $ 22,948,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police...................... 61,000 61,000
Federal revenues:
Other federal revenues................................... 27,600 27,600
Special revenue funds:
Other state restricted revenues.......................... 18,116,200 18,116,200
State general fund/general purpose....................... $ 4,743,200 $ 4,743,200
Sec. 6-103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions.................. 11.0 11.0
Coastal management grants................................ $ 1,250,000 $ 1,250,000
Office of the Great Lakes-11.0 FTE positions............. 2,033,700 2,033,700
GROSS APPROPRIATION...................................... $ 3,283,700 $ 3,283,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,043,600 2,043,600
Special revenue funds:
Other state restricted revenues.......................... 484,800 484,800
State general fund/general purpose....................... $ 755,300 $ 755,300
Sec. 6-104. GREAT LAKES RESTORATION INITIATIVE
Full-time equated classified positions.................. 6.0 6.0
Great Lakes restoration initiative-6.0 FTE positions..... $ 15,095,600 $ 15,095,600
GROSS APPROPRIATION...................................... $ 15,095,600 $ 15,095,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 15,095,600 15,095,600
Special revenue funds:
State general fund/general purpose....................... $ 0 $ 0
Sec. 6-105. OFFICE OF ENVIRONMENTAL ASSISTANCE
Full-time equated classified positions.................. 37.0 37.0
Office of environmental assistance-37.0 FTE positions.... $ 6,140,700 $ 6,140,700
Pollution prevention local grants........................ 250,000 250,000
GROSS APPROPRIATION...................................... $ 6,390,700 $ 6,390,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 704,700 704,700
Special revenue funds:
Private revenues......................................... 364,200 364,200
Other state restricted revenues.......................... 2,581,700 2,581,700
State general fund/general purpose....................... $ 2,740,100 $ 2,740,100
Sec. 6-106. WATER RESOURCES DIVISION
Full-time equated classified positions.................. 316.0 316.0
Aquatic nuisance control program-6.0 FTE positions....... $ 918,800 $ 918,800
Contaminated lake and river sediment cleanup program..... 1,565,000 1,565,000
Expedited water/wastewater permits-1.0 FTE position...... 50,900 50,900
Federal - Great Lakes remedial action plan grants........ 583,800 583,800
Federal - nonpoint source water pollution grants......... 4,083,300 4,083,300
Fish contaminant monitoring.............................. 316,100 316,100
Groundwater discharge-22.0 FTE positions................. 3,214,800 3,214,800
Land and water interface permit programs-82.0 FTE
positions............................................... 11,671,500 11,671,500
Nonpoint source pollution prevention and control
project program......................................... 2,000,000 2,000,000
NPDES nonstormwater program-83.0 FTE positions........... 13,060,600 13,060,600
Program direction and project assistance-27.0 FTE
positions............................................... 3,055,100 3,055,100
Real-time beach monitoring program....................... 500,000 500,000
Surface water-86.0 FTE positions......................... 15,557,000 15,557,000
Water quality and use initiative/general-5.0 FTE
positions............................................... 1,645,700 1,645,700
Water quality protection grants.......................... 100,000 100,000
Water withdrawal assessment program-4.0 FTE positions.... 1,428,600 1,428,600
Wetland mitigation banking grants and loans.............. 3,000,000 3,000,000
Wetlands program......................................... 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 63,751,200 $ 63,751,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation.................... 1,259,800 1,259,800
Federal revenues:
Other federal revenues................................... 20,268,800 20,268,800
Special revenue funds:
Other state restricted revenues.......................... 23,931,700 23,931,700
State general fund/general purpose....................... $ 18,290,900 $ 18,290,900
Sec. 6-107. LAW ENFORCEMENT
Full-time equated classified positions.................. 14.0 14.0
Environmental investigations-14.0 FTE positions.......... $ 2,830,100 $ 2,830,100
GROSS APPROPRIATION...................................... $ 2,830,100 $ 2,830,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 575,600 575,600
Special revenue funds:
Other state restricted revenues.......................... 1,701,500 1,701,500
State general fund/general purpose....................... $ 553,000 $ 553,000
Sec. 6-108. AIR QUALITY DIVISION
Full-time equated classified positions.................. 189.0 189.0
Air quality programs-189.0 FTE positions................. $ 27,132,400 $ 27,132,400
GROSS APPROPRIATION...................................... $ 27,132,400 $ 27,132,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 7,196,800 7,196,800
Special revenue funds:
Other state restricted revenues.......................... 14,121,600 14,121,600
State general fund/general purpose....................... $ 5,814,000 $ 5,814,000
Sec. 6-109. RESOURCE MANAGEMENT DIVISION
Full-time equated classified positions.................. 325.0 325.0
Drinking water and environmental health-126.0 FTE
positions............................................... $ 18,044,900 $ 18,044,900
Drinking water program grants............................ 830,000 830,000
Hazardous waste management program-45.0 FTE positions.... 6,506,900 6,506,900
Low-level radioactive waste authority-2.0 FTE
positions............................................... 233,400 233,400
Medical waste program-2.0 FTE positions.................. 303,500 303,500
Municipal assistance-29.0 FTE positions.................. 4,818,800 4,818,800
Noncommunity water grants................................ 1,905,700 1,905,700
Oil, gas, and mineral services-59.0 FTE positions........ 10,680,900 10,680,900
Radiological protection program-12.0 FTE positions....... 1,977,200 1,977,200
Recycling initiative-3.0 FTE positions................... 1,011,800 1,011,800
Scrap tire grants........................................ 3,500,000 3,500,000
Scrap tire regulatory program-10.0 FTE positions......... 1,343,700 1,343,700
Septage waste compliance grants.......................... 275,000 275,000
Solid waste management program-37.0 FTE positions........ 5,077,800 5,077,800
Strategic water quality initiative grants and loans...... 62,000,000 0
Water state revolving funds.............................. 120,000,000 120,000,000
GROSS APPROPRIATION...................................... $ 238,509,600 $ 176,509,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police...................... 1,667,800 1,667,800
Federal revenues:
Other federal revenues................................... 116,450,300 116,450,300
Special revenue funds:
Other state restricted revenues........................ . 106,001,200 44,001,200
State general fund/general purpose....................... $ 14,390,300 $ 14,390,300
Sec. 6-110. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions.................. 299.0 299.0
Contaminated site investigations, cleanup and
revitalization-135.0 FTE positions...................... $ 16,351,300 $ 16,351,300
Emergency cleanup actions................................ 4,000,000 4,000,000
Environmental cleanup and redevelopment program.......... 15,000,000 15,000,000
Environmental cleanup support............................ 1,840,000 1,840,000
Federal cleanup project management-40.0 FTE positions.... 6,986,500 6,986,500
Laboratory services-39.0 FTE positions................... 6,328,000 6,328,000
Refined petroleum product cleanup program-85.0 FTE
positions............................................... 34,491,100 34,491,100
Superfund cleanup........................................ 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 85,996,900 $ 85,996,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,354,900 6,354,900
Special revenue funds:
Private revenues......................................... 191,100 191,100
Other state restricted revenues.......................... 76,885,400 76,885,400
State general fund/general purpose....................... $ 2,565,500 $ 2,565,500
Sec. 6-111. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions.................. 5.0 5.0
Underground storage tank cleanup program-5.0 FTE
positions............................................... $ 20,016,800 $ 20,016,800
GROSS APPROPRIATION...................................... $ 20,016,800 $ 20,016,800
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 20,016,800 20,016,800
State general fund/general purpose....................... $ 0 $ 0
Sec. 6-112. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 8,986,900 $ 8,986,900
GROSS APPROPRIATION...................................... $ 8,986,900 $ 8,986,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police...................... 25,800 25,800
IDG from department of transportation.................... 86,100 86,100
Federal revenues:
Other federal revenues................................... 1,324,700 1,324,700
Special revenue funds:
Other state restricted revenues.......................... 7,084,300 7,084,300
State general fund/general purpose....................... $ 466,000 $ 466,000
Sec. 6-113. ONE-TIME APPROPRIATIONS
Drinking water declaration of emergency.................. $ 1,000,100 $ 0
Environmental cleanup and redevelopment program.......... 14,900,000 0
GROSS APPROPRIATION...................................... $ 15,900,100 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 14,900,100 0
State general fund/general purpose....................... $ 1,000,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 6-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $337,143,600.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $4,531,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF ENVIRONMENTAL QUALITY
Real-time beach monitoring program...................................... $ 500,000
Medical waste program................................................... 65,000
Noncommunity water grants............................................... 1,800,000
Scrap tire grants....................................................... 500,000
Drinking water program grants........................................... 600,000
Pollution prevention local grants....................................... 250,000
Surface water........................................................... 160,000
Emergency cleanup actions............................................... 106,000
Recycling initiative.................................................... 450,000
Septage waste compliance grants......................................... 100,000
TOTAL..................................................................... $ 4,531,000
Sec. 6-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 6-203. As used in this article:
(a) "Department" means the department of environmental quality.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "NPDES" means national pollution discharge elimination system.
Sec. 6-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 6-205. 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. 6-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 6-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 6-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 6-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 6-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $30,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 6-211. 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. 6-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 6-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 6-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$32,219,000.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $16,580,100.00. Total agency appropriations for retiree
health care legacy costs are estimated at $15,638,900.00.
Sec. 6-216. (1) The department shall report all of the following information
relative to allocations made from appropriations for the environmental cleanup and
redevelopment program, state cleanup, emergency actions, superfund cleanup, the
revitalization revolving loan program, the brownfield grants and loans program, the
leaking underground storage tank cleanup program, the contaminated lake and river
sediments cleanup program, the refined petroleum product cleanup program, and the
environmental protection bond projects under section 19508(7) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.19508, to the state budget
director, the senate and house appropriations subcommittees on environmental quality,
and the senate and house fiscal agencies:
(a) The name and location of the site for which an allocation is made.
(b) The nature of the problem encountered at the site.
(c) A brief description of how the problem will be resolved if the allocation is
made for a response activity.
(d) The estimated date that site closure activities will be completed.
(e) The amount of the allocation, or the anticipated financing for the site.
(f) A summary of the sites and the total amount of funds expended at the sites at
the conclusion of the fiscal year.
(g) The number of brownfield projects that were successfully redeveloped.
(2) The report prepared under subsection (1) shall also include all of the
following:
(a) The status of all state-owned facilities that are on the list compiled under
part 201 of the natural resources and environmental protection act, 1994 PA 451, MCL
324.20101 to 324.20142.
(b) The report shall include the total amount of funds expended during the fiscal
year and the total amount of funds awaiting expenditure.
(c) The total amount of bonds issued for the environmental protection bond
program pursuant to part 193 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report shall be made available by March 31 of each year.
Sec. 6-217. (1) The department may expend amounts remaining from the current and
prior fiscal year appropriations to meet funding needs of legislatively approved sites
for the environmental cleanup and redevelopment program, the refined petroleum product
cleanup program, brownfield grants and loans, waterfront grants, and the environmental
bond site reclamation program.
(2) Unexpended and unencumbered amounts remaining from appropriations from the
environmental protection bond fund contained in 2003 PA 173, 2005 PA 109, 2006 PA 343,
2011 PA 63, and 2012 PA 236 are appropriated for expenditure for any site listed in
this part and part 1 and any site listed in the public acts referenced in this
section.
(3) Unexpended and unencumbered amounts remaining from appropriations from the
clean Michigan initiative fund - response activities contained in 2000 PA 52, 2004 PA
309, 2005 PA 11, 2006 PA 343, 2007 PA 121, 2011 PA 63, 2013 PA 59, 2014 PA 252, 2015
PA 84, and 2016 PA 268 are appropriated for expenditure for any site listed in this
part and part 1 and any site listed in the public acts referenced in this section.
(4) Unexpended and unencumbered amounts remaining from appropriations from the
refined petroleum fund activities contained in 2007 PA 121, 2008 PA 247, 2009 PA 118,
2010 PA 189, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, and 2016 PA
268 are appropriated for expenditure for any site listed in this part and part 1 and
any site listed in the public acts referenced in this section.
(5) Unexpended and unencumbered amounts remaining from the appropriations from
the strategic water quality initiatives fund contained in 2011 PA 50, 2011 PA 63, 2012
PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, and 2016 PA 268 are appropriated for
expenditure for any site listed in this part and part 1 and any site listed in the
public acts referenced in this section.
Sec. 6-219. Unexpended settlement revenues at the end of the fiscal year may be
carried forward into the settlement fund in the succeeding fiscal year up to a maximum
carryforward of $2,500,000.00.
REMEDIATION AND REDEVELOPMENT DIVISION
Sec. 6-301. Revenues remaining in the interdepartmental transfers, laboratory
services at the end of the fiscal year shall carry forward into the succeeding fiscal
year.
Sec. 6-302. The unexpended funds appropriated in part 1 for emergency cleanup
actions, the environmental cleanup and redevelopment program, and the refined
petroleum product cleanup program are considered work project appropriations and any
unencumbered or unallotted funds are carried forward into the succeeding fiscal year.
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 projects to be carried forward is to provide contaminated
site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is identified in each line-item
appropriation.
(d) The tentative completion date is September 30, 2022.
Sec. 6-303. Effective October 1, 2017, surplus funds not to exceed $1,000,000.00
in the cleanup and redevelopment trust fund are appropriated to the environmental
protection fund created in section 503a of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.503a.
Sec. 6-304. Effective October 1, 2017, surplus funds not to exceed $1,000,000.00
in the community pollution prevention fund created in section 3f of 1976 IL 1, MCL
445.573f, are appropriated to the environmental protection fund created in section
503a of the natural resources and environmental protection act, 1994 PA 451, MCL
324.503a.
Sec. 6-310. (1) Upon approval by the state budget director, the department may
expend from the general fund of the state an amount to meet the cash-flow requirements
of projects funded under any of the following that are financed from bond proceeds and
for which bonds have been authorized but not yet issued:
(a) Part 52 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.5201 to 324.5206.
(b) Part 193 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.19301 to 324.19306.
(c) Part 196 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.19601 to 324.19616.
(2) Upon the sale of bonds for projects described in subsection (1), the
department shall credit the general fund of the state an amount equal to that expended
from the general fund.
Sec. 6-313. From the funds appropriated in part 1 for the vapor intrusion
program, the department shall investigate at least 120 sites to determine whether
chemical vapors have migrated from the original location of exposure. The purpose of
this program is to evaluate, investigate, and mitigate sites statewide where vapor
intrusion issues are or may be present.
WATER RESOURCES DIVISION
Sec. 6-405. If a certified health department does not exist in a city, county, or
district or does not fulfill its responsibilities under part 117 of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11720,
then the department may spend funds appropriated in part 1 under the septage waste
compliance program in accordance with section 11716 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.11716.
Sec. 6-407. The unexpended funds appropriated in part 1 for the contaminated lake
and river sediment cleanup program are considered work project appropriations and any
unencumbered or unallotted funds are carried forward into the succeeding fiscal year.
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 projects to be carried forward is to provide contaminated
sediment cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is $1,565,000.
(d) The tentative completion date is September 30, 2022.
RESOURCE MANAGEMENT DIVISION
Sec. 6-603. From the funds appropriated in part 1, by December 31, 2017, the
department shall compile and make available to the public on a publicly accessible
website a report containing a summary document of each completed asset management plan
for any stormwater, asset management, or wastewater grant awarded to a local unit of
government to fund the development of a plan. As a condition of receiving a
stormwater, asset management, or wastewater grant, a local unit of government shall
make its asset management plan available to the department upon request when completed
and shall retain copies of the plan that can be made available to the public for a
minimum of 15 years. The department shall make available a summary document of each
plan on a publicly accessible website by September 30 of the year it was completed.
The summary document shall include a summary of the plan and contact.
Sec. 6-604. From the funds appropriated in part 1, the department will host three
training sessions to public water supply owners and operators to provide technical
assistance on the Lead and Copper Rule (LCR) of the Safe Drinking Water Act and
contact 100% of public water supplies that are subject to the Lead and Copper Rule
with information on current LCR requirements including any modifications to Michigan's
LCR and associated guidance and policies. The purpose of the program is to ensure that
water is in accordance with Safe Drinking Water Act.
UNDERGROUND STORAGE TANK AUTHORITY
Sec. 6-701. The unexpended funds appropriated in part 1 for the underground
storage tank cleanup program are considered work project appropriations, and any
unencumbered or unallotted funds are carried forward into the succeeding fiscal year.
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 projects to be carried forward is to provide contaminated
site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is $20,000,000.00.
(d) The tentative completion date is September 30, 2022.
ONE-TIME APPROPRIATIONS
Sec. 6-801. (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) Operational, managerial, and training expertise to water treatment plant
operators and managers.
(b) Water system needs.
(2) The unexpended funds appropriated for drinking water declaration of emergency
are designated as a work project appropriation, and any unencumbered or unexpended
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 address needs in a city in which a
declaration of emergency was issued because of drinking water contamination.
(b) The projects will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is appropriated in Part 1.
(d) The tentative completion date is September 30, 2019.
Article 7
EXECUTIVE OFFICE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 7-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the executive office are appropriated for the fiscal year
ending September 30, 2018, and are anticipated to be appropriated for the fiscal year
ending September 30, 2019, from the funds indicated in this part. The following is a
summary of the appropriations and anticipated appropriations in this part:
EXECUTIVE OFFICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 10.0 10.0
Full-time equated classified positions.................. 79.2 79.2
GROSS APPROPRIATION...................................... $ 6,848,500 $ 6,848,500
Total interdepartmental grants and interdepartmental
transfers............................................... 0 0
ADJUSTED GROSS APPROPRIATION............................. $ 6,848,500 $ 6,848,500
Total federal revenues................................... 0 0
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues.................... 0 0
State general fund/general purpose....................... $ 6,848,500 $ 6,848,500
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 6,848,500 6,848,500
One-time state general fund/general purpose........... 0 0
Sec. 7-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 10.0 10.0
Full-time equated classified positions.................. 79.2 79.2
Governor-1.0 FTE position................................ $ 159,300 $ 159,300
Lieutenant governor-1.0 FTE position..................... 111,600 111,600
Unclassified salaries-8.0 FTE positions.................. 1,307,300 1,307,300
Executive office-79.2 FTE positions...................... 5,270,300 5,270,300
GROSS APPROPRIATION...................................... $ 6,848,500 $ 6,848,500
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 6,848,500 $ 6,848,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 7-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $6,848,500.00 and state spending from state resources to be paid to local units of
government for fiscal year 2018 is $0.00.
Article 8
DEPARTMENT OF HEALTH AND HUMAN SERVICES
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 8-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of health and human services are appropriated
for the fiscal year ending September 30, 2018, and are anticipated to be appropriated
for the fiscal year ending September 30, 2019, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations in
this part:DEPARTMENT OF HEALTH AND HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 15,614.5 15,671.0
GROSS APPROPRIATION...................................... $ 25,537,414,500 $ 25,402,423,000
Total interdepartmental grants and interdepartmental
transfers............................................... 13,640,900 13,640,900
ADJUSTED GROSS APPROPRIATION............................. $ 25,523,773,600 $ 25,388,782,100
Total federal revenues................................... 18,351,244,100 18,226,968,300
Total local revenues..................................... 118,751,000 118,751,000
Total private revenues................................... 149,873,300 149,873,300
Total other state restricted revenues.................... 2,442,169,800 2,359,903,400
State general fund/general purpose....................... $ 4,461,735,400 $ 4,533,286,100
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 4,455,670,400 4,533,286,100
One-time state general fund/general purpose........... 6,065,000 0
Sec. 8-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 759.1 773.1
Unclassified salaries-6.0 FTE positions.................. $ 1,153,000 $ 1,153,000
Administrative hearings officers......................... 11,219,700 11,219,700
Demonstration projects-7.0 FTE positions................. 7,355,100 7,355,100
Departmental administration and management-565.1 FTE
positions............................................... 109,477,900 130,678,400
Developmental disabilities council and projects-10.0
FTE positions........................................... 3,073,700 3,073,700
Office of inspector general-177.0 FTE positions.......... 21,892,200 21,892,200
Property management...................................... 64,339,500 64,339,500
Terminal leave payments.................................. 5,686,100 5,686,100
Worker's compensation.................................... 7,502,800 7,502,800
GROSS APPROPRIATION...................................... $ 231,700,000 $ 252,900,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education......................... 1,919,500 1,919,500
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 22,973,500 22,973,500
Other federal revenues................................... 105,206,600 123,531,000
Special revenue funds:
Local revenues......................................... . 16,400 16,400
Private revenues......................................... 3,843,200 3,843,200
Other state restricted revenues.......................... 841,400 841,400
State general fund/general purpose....................... $ 96,899,400 $ 99,775,500
Sec. 8-103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.................. 185.7 185.7
Child support enforcement operations-179.7 FTE
positions............................................... $ 22,312,200 $ 22,312,200
Child support incentive payments......................... 24,409,600 24,409,600
Legal support contracts.................................. 113,607,100 113,607,100
State disbursement unit-6.0 FTE positions................ 8,112,800 8,112,800
GROSS APPROPRIATION...................................... $ 168,441,700 $ 168,441,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 144,379,500 144,379,500
Special revenue funds:
State general fund/general purpose....................... $ 24,062,200 $ 24,062,200
Sec. 8-104. COMMUNITY SERVICES AND OUTREACH
Full-time equated classified positions.................. 74.6 74.6
Bureau of community services and outreach-20.0 FTE
positions............................................... $ 2,529,300 $ 2,529,300
Child advocacy centers-0.5 FTE position.................. 1,500,000 1,500,000
Community services and outreach administration-11.0
FTE positions........................................... 1,465,000 1,465,000
Community services block grant........................... 25,840,000 25,840,000
Crime victim grants administration services-13.0 FTE
positions............................................... 2,177,100 2,177,100
Crime victim justice assistance grants................... 59,279,300 59,279,300
Crime victim rights services grants...................... 16,870,000 16,870,000
Domestic violence prevention and treatment-14.6 FTE
positions............................................... 15,817,200 15,817,200
Homeless programs........................................ 19,466,700 23,211,500
Housing and support services............................. 13,031,000 13,031,000
Michigan community service commission-15.0 FTE
positions............................................... 11,628,700 11,628,700
Rape prevention and services-0.5 FTE position............ 5,097,300 5,097,300
School success partnership program....................... 450,000 450,000
Weatherization assistance................................ 16,340,000 16,340,000
GROSS APPROPRIATION...................................... $ 191,491,600 $ 195,236,400
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 11,690,500 11,690,500
Other federal revenues................................... 142,505,700 142,505,700
Special revenue funds:
Private revenues......................................... 44,100 44,100
Other state restricted revenues.......................... 20,877,500 20,877,500
State general fund/general purpose....................... $ 16,373,800 $ 20,118,600
Sec. 8-105. CHILDREN'S SERVICES AGENCY - CHILD WELFARE
Full-time equated classified positions.................. 3,844.2 3,844.2
Adoption subsidies....................................... $ 212,142,600 $ 212,142,600
Adoption support services-10.0 FTE positions............. 27,283,500 27,283,500
Attorney general contract................................ 4,366,500 4,366,500
Child abuse and neglect - children's justice act-1.0
FTE position............................................ 622,600 622,600
Child care fund.......................................... 180,653,700 180,653,700
Child protection......................................... 800,300 800,300
Child welfare administration travel...................... 375,000 375,000
Child welfare field staff - caseload compliance-2,461.0
FTE positions........................................... 229,613,400 229,613,400
Child welfare field staff - noncaseload compliance-
330.0 FTE positions..................................... 34,559,000 34,559,000
Child welfare first line supervisors-578.0 FTE
positions............................................... 72,890,500 72,890,500
Child welfare institute-45.0 FTE positions............... 8,203,600 8,203,600
Child welfare licensing-59.0 FTE positions............... 6,914,000 6,914,000
Child welfare medical/psychiatric evaluations............ 10,435,500 10,435,500
Children's services administration-172.2 FTE positions... 20,075,100 20,075,100
Children's trust fund-12.0 FTE positions................. 3,327,700 3,327,700
Contractual services, supplies, and materials............ 9,300,000 9,300,000
Education planners-15.0 FTE positions.................... 1,530,100 1,530,100
Family preservation and prevention services
administration-9.0 FTE positions........................ 1,299,300 1,299,300
Family preservation programs-13.0 FTE positions.......... 38,877,000 38,877,000
Family support subsidy................................... 16,951,400 16,951,400
Foster care payments..................................... 197,226,800 197,226,800
Guardianship assistance program.......................... 12,004,800 12,004,800
Interstate compact....................................... 179,600 179,600
Peer coaches-45.5 FTE positions.......................... 5,737,300 5,737,300
Performance based funding implementation-3.0 FTE
positions............................................... 1,444,800 1,444,800
Permanency resource managers-28.0 FTE positions.......... 3,197,900 3,197,900
Prosecuting attorney contracts........................... 3,879,500 3,879,500
Psychotropic oversight................................... 618,200 618,200
Second line supervisors and technical staff-54.0 FTE
positions............................................... 8,912,000 8,912,000
Settlement monitor....................................... 1,885,800 1,885,800
Strong families/safe children............................ 12,350,100 12,350,100
Title IV-E compliance and accountability office-4.0
FTE positions........................................... 424,700 424,700
Youth in transition-4.5 FTE positions.................... 15,026,300 15,026,300
GROSS APPROPRIATION...................................... $ 1,143,108,600 $ 1,143,108,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education......................... 90,200 90,200
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 348,965,600 348,965,600
Other federal revenues................................... 358,978,500 358,978,500
Special revenue funds:
Local revenues........................................... 16,375,700 16,375,700
Private revenues......................................... 2,927,400 2,927,400
Other state restricted revenues.......................... 2,091,900 2,091,900
State general fund/general purpose....................... $ 413,679,300 $ 413,679,300
Sec. 8-106. CHILDREN'S SERVICES AGENCY - JUVENILE JUSTICE
Full-time equated classified positions.................. 120.5 120.5
Bay pines center-47.0 FTE positions...................... $ 5,468,900 $ 5,468,900
Committee on juvenile justice administration-2.5 FTE
positions............................................... 351,400 351,400
Committee on juvenile justice grants..................... 3,000,000 3,000,000
Community support services-3.0 FTE positions............. 2,116,600 2,116,600
County juvenile officers................................. 3,904,300 3,904,300
Juvenile justice, administration and maintenance-21.0
FTE positions........................................... 3,739,300 3,739,300
Shawono center-47.0 FTE positions........................ 5,565,400 5,565,400
W.J. Maxey training school............................... 250,000 250,000
GROSS APPROPRIATION...................................... $ 24,395,900 $ 24,395,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,330,600 8,330,600
Special revenue funds:
Local revenues........................................... 6,376,000 6,376,000
State general fund/general purpose....................... $ 9,689,300 $ 9,689,300
Sec. 8-107. PUBLIC ASSISTANCE
Full-time equated classified positions.................. 8.0 8.0
Emergency services local office allocations.............. $ 10,357,500 $ 10,357,500
Family independence program.............................. 78,699,500 78,699,500
Food assistance program benefits......................... 2,348,117,400 2,348,117,400
Food Bank Council of Michigan............................ 2,045,000 2,045,000
Indigent burial.......................................... 4,375,000 4,375,000
Low-income home energy assistance program................ 181,718,400 181,718,400
Michigan energy assistance program-1.0 FTE position...... 50,000,000 50,000,000
Multicultural integration funding........................ 15,303,800 15,303,800
Refugee assistance program-7.0 FTE positions............. 27,993,400 27,993,400
State disability assistance payments..................... 11,422,400 11,422,400
State supplementation.................................... 61,696,700 61,696,700
State supplementation administration..................... 2,381,100 2,381,100
GROSS APPROPRIATION...................................... $ 2,794,110,200 $ 2,794,110,200
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 46,086,200 46,086,200
Other federal revenues................................... 2,545,756,900 2,545,756,900
Special revenue funds:
Other state restricted revenues.......................... 72,326,600 72,326,600
State general fund/general purpose....................... $ 129,940,500 $ 129,940,500
Sec. 8-108. FIELD OPERATIONS AND SUPPORT SERVICES
Full-time equated classified positions.................. 6,395.5 6,432.5
Administrative support workers-221.0 FTE positions....... $ 12,872,400 $ 12,872,400
Adult services field staff-520.0 FTE positions........... 56,171,200 56,171,200
Contractual services, supplies, and materials............ 16,524,300 16,574,000
Donated funds positions-288.0 FTE positions.............. 32,702,700 32,702,700
Elder law of Michigan MiCAFE contract.................... 350,000 350,000
Electronic benefit transfer (EBT)........................ 8,509,000 8,509,000
Employment and training support services................. 4,219,100 4,219,100
Field policy and administration-66.0 FTE positions....... 11,103,600 11,103,600
Field staff travel....................................... 8,103,900 8,103,900
Independent living....................................... 10,031,600 10,031,600
Medical/psychiatric evaluations.......................... 1,420,100 1,420,100
Michigan rehabilitation services-526.0 FTE positions..... 128,750,800 128,750,800
Nutrition education-2.0 FTE positions.................... 33,045,300 33,045,300
Public assistance field staff-4,752.5 FTE positions...... 483,553,300 487,427,400
Training and program support-20.0 FTE positions.......... 2,448,000 2,448,000
Volunteer services and reimbursement..................... 942,400 942,400
GROSS APPROPRIATION...................................... $ 810,747,700 $ 814,671,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections....................... 116,000 116,000
IDG from department of education......................... 7,769,500 7,769,500
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 67,495,500 67,495,500
Other federal revenues................................... 427,846,000 429,451,500
Special revenue funds:
Local revenues........................................... 11,083,500 11,083,500
Private revenues......................................... 10,132,000 10,132,000
Other state restricted revenues.......................... 78,300 78,300
State general fund/general purpose....................... $ 286,226,900 $ 288,545,200
Sec. 8-109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.................. 587.4 587.4
Disability determination operations-583.3 FTE positions $ 112,005,400 $ 112,005,400
Retirement disability determination-4.1 FTE positions.... 608,500 608,500
GROSS APPROPRIATION...................................... $ 112,613,900 $ 112,613,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management and
budget.................................................. 785,600 785,600
Federal revenues:
Other federal revenues................................... 108,362,800 108,362,800
Special revenue funds:
State general fund/general purpose....................... $ 3,465,500 $ 3,465,500
Sec. 8-110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS
Full-time equated classified positions.................. 97.0 97.0
Behavioral health program administration-77.0 FTE
positions............................................... $ 58,033,200 $ 58,033,200
Federal and other special projects....................... 2,535,600 2,535,600
Gambling addiction-1.0 FTE position...................... 3,006,500 3,006,500
Office of recipient rights-19.0 FTE positions............ 2,721,900 2,721,900
Protection and advocacy services support................. 194,400 194,400
GROSS APPROPRIATION...................................... $ 66,491,600 $ 66,491,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 34,685,000 34,685,000
Special revenue funds:
Private revenues......................................... 1,004,700 1,004,700
Other state restricted revenues.......................... 3,006,500 3,006,500
State general fund/general purpose....................... $ 27,795,400 $ 27,795,400
Sec. 8-111. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions.................. 9.5 9.5
Autism services.......................................... $ 105,097,300 $ 105,097,300
Children with serious emotional disturbance waiver....... 10,000,000 10,000,000
Children's waiver home care program...................... 20,241,100 20,241,100
Civil service charges.................................... 399,300 399,300
Community substance use disorder prevention, education,
and treatment........................................... 77,075,000 77,917,400
Community mental health non-Medicaid services............ 120,050,400 120,050,400
Federal mental health block grant-2.5 FTE positions...... 15,457,300 15,457,300
Health homes............................................. 3,369,000 3,369,000
Healthy Michigan plan - behavioral health................ 268,199,000 268,199,000
Medicaid mental health services.......................... 2,335,981,300 2,335,981,300
Medicaid substance use disorder services................. 50,369,600 50,369,600
Nursing home PAS/ARR-OBRA-7.0 FTE positions.............. 12,274,100 12,274,100
State disability assistance program substance use
disorder services....................................... 2,018,800 2,018,800
GROSS APPROPRIATION...................................... $ 3,020,532,200 $ 3,021,374,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,984,795,800 1,982,482,000
Special revenue funds:
Local revenues........................................... 25,475,800 25,475,800
Other state restricted revenues.......................... 23,881,400 24,355,900
State general fund/general purpose....................... $ 986,379,200 $ 989,060,900
Sec. 8-112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Full-time equated classified positions.................. 2,292.9 2,292.9
Caro Regional Mental Health Center – psychiatric
hospital - adult-474.3 FTE positions.................... $ 59,211,600 $ 59,211,600
Center for forensic psychiatry-607.3 FTE positions....... 82,823,400 82,823,400
Gifts and bequests for patient living and treatment
environment............................................. 1,000,000 1,000,000
Hawthorn Center - psychiatric hospital - children and
adolescents-289.4 FTE positions......................... 31,793,100 31,793,100
IDEA, federal special education.......................... 120,000 120,000
Kalamazoo Psychiatric Hospital - adult-482.1 FTE
positions............................................... 68,057,700 68,057,700
Purchase of medical services for residents of hospitals
and centers............................................. 445,600 445,600
Revenue recapture........................................ 750,000 750,000
Special maintenance...................................... 924,600 924,600
Walter P. Reuther Psychiatric Hospital - adult-439.8
FTE positions........................................... 59,603,400 59,603,400
GROSS APPROPRIATION...................................... $ 304,729,400 $ 304,729,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 37,938,500 37,938,500
Special revenue funds:
Local revenues........................................... 20,000,500 20,000,500
Private revenues......................................... 1,000,000 1,000,000
Other state restricted revenues.......................... 19,376,600 19,376,600
State general fund/general purpose....................... $ 226,413,800 $ 226,413,800
Sec. 8-113. HEALTH POLICY
Full-time equated classified positions.................. 42.9 42.9
Bone marrow transplant registry.......................... $ 250,000 $ 250,000
Certificate of need program administration-12.3 FTE
positions............................................... 2,825,300 2,825,300
Health innovation grants................................. 1,000,000 1,000,000
Health policy administration-25.2 FTE positions.......... 13,065,200 13,065,200
Human trafficking intervention services.................. 200,000 200,000
Michigan essential health provider....................... 3,591,300 3,591,300
Minority health grants and contracts..................... 612,700 612,700
Nurse education and research program-3.0 FTE positions... 784,400 784,400
Primary care services-1.4 FTE positions.................. 4,068,700 4,068,700
Rural health services-1.0 FTE position................... 1,555,500 1,555,500
GROSS APPROPRIATION...................................... $ 27,953,100 $ 27,953,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory
affairs................................................. 784,400 784,400
IDG from department of treasury.......................... 117,700 117,700
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 30,400 30,400
Other federal revenues................................... 16,869,900 16,869,900
Special revenue funds:
Private revenues......................................... 865,000 865,000
Other state restricted revenues.......................... 2,709,400 2,709,400
State general fund/general purpose....................... $ 6,576,300 $ 6,576,300
Sec. 8-114. LABORATORY SERVICES
Full-time equated classified positions.................. 100.0 100.0
Laboratory services-100.0 FTE positions.................. $ 20,812,100 $ 20,812,100
GROSS APPROPRIATION...................................... $ 20,812,100 $ 20,812,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of environmental quality............. 991,000 991,000
Federal revenues:
Other federal revenues................................... 2,340,100 2,340,100
Special revenue funds:
Other state restricted revenues.......................... 10,633,400 10,633,400
State general fund/general purpose....................... $ 6,847,600 $ 6,847,600
Sec. 8-115. DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY
Full-time equated classified positions.................. 114.9 114.9
Childhood lead program-4.5 FTE positions................. $ 2,048,300 $ 2,048,300
Epidemiology administration-75.1 FTE positions........... 21,009,400 21,009,400
Healthy homes program-12.0 FTE positions................. 27,740,400 27,740,400
Immunization program-12.8 FTE positions.................. 16,886,600 16,886,600
Newborn screening follow-up and treatment services-
10.5 FTE positions...................................... 7,427,500 7,427,500
GROSS APPROPRIATION...................................... $ 75,112,200 $ 75,112,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 53,683,100 53,683,100
Special revenue funds:
Private revenues......................................... 339,900 339,900
Other state restricted revenues.......................... 12,896,400 12,896,400
State general fund/general purpose....................... $ 8,192,800 $ 8,192,800
Sec. 8-116. LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Full-time equated classified positions.................. 228.2 228.2
AIDS prevention, testing, and care programs-37.7 FTE
positions............................................... $ 70,623,800 $ 70,623,800
Cancer prevention and control program-13.0 FTE
positions............................................... 15,064,100 15,064,100
Chronic disease control and health promotion
administration-27.4 FTE positions....................... 8,461,300 8,461,300
Dental programs-3.8 FTE positions........................ 2,203,500 2,203,500
Diabetes and kidney program-8.0 FTE positions............ 3,051,600 3,051,600
Essential local public health services................... 40,886,100 40,886,100
Health and wellness initiatives-11.7 FTE positions....... 9,008,400 9,008,400
Implementation of 1993 PA 133, MCL 333.17015............. 20,000 20,000
Local health services-1.3 FTE positions.................. 1,955,100 1,955,100
Medicaid outreach cost reimbursement to local health
departments............................................. 12,500,000 12,500,000
Public health administration-9.0 FTE positions........... 1,945,400 1,945,400
Sexually transmitted disease control program-20.0 FTE
positions............................................... 6,295,000 6,295,000
Smoking prevention program-12.0 FTE positions............ 2,148,300 2,148,300
Violence prevention-2.9 FTE positions.................... 3,124,100 3,124,100
Vital records and health statistics-81.4 FTE positions... 10,049,700 10,049,700
GROSS APPROPRIATION...................................... $ 187,336,400 $ 187,336,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 79,937,900 79,937,900
Special revenue funds:
Local revenues........................................... 5,150,000 5,150,000
Private revenues......................................... 39,279,600 39,279,600
Other state restricted revenues.......................... 18,672,700 18,672,700
State general fund/general purpose....................... $ 44,296,200 $ 44,296,200
Sec. 8-117. FAMILY, MATERNAL, AND CHILD HEALTH
Full-time equated classified positions.................. 112.3 112.3
Family planning local agreements......................... $ 8,310,700 $ 8,310,700
Family, maternal, and children's health services
administration-53.3 FTE positions....................... 9,103,600 9,103,600
Local MCH services....................................... 7,018,100 7,018,100
Pregnancy prevention program............................. 602,100 602,100
Prenatal care outreach and service delivery support-
14.0 FTE positions...................................... 18,978,800 18,978,800
Special projects......................................... 6,289,100 6,289,100
Sudden infant death syndrome program..................... 321,300 321,300
Women, infants, and children program-45.0 FTE positions.. 274,330,000 274,330,000
GROSS APPROPRIATION...................................... $ 324,953,700 $ 324,953,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 252,926,000 252,926,000
Special revenue funds:
Local revenues........................................... 75,000 75,000
Private revenues......................................... 61,702,400 61,702,400
Other state restricted revenues.......................... 595,900 595,900
State general fund/general purpose....................... $ 9,654,400 $ 9,654,400
Sec. 8-118. EMERGENCY MEDICAL SERVICES, TRAUMA, AND PREPAREDNESS
Full-time equated classified positions.................. 76.0 76.0
Bioterrorism preparedness-53.0 FTE positions............. $ 30,398,600 $ 30,398,600
Emergency medical services program-23.0 FTE positions.... 6,591,600 6,591,600
GROSS APPROPRIATION...................................... $ 36,990,200 $ 36,990,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 31,366,100 31,366,100
Special revenue funds:
Other state restricted revenues.......................... 4,020,500 4,020,500
State general fund/general purpose....................... $ 1,603,600 $ 1,603,600
Sec. 8-119. CHILDREN'S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions.................. 46.8 46.8
Bequests for care and services-2.8 FTE positions......... $ 1,535,300 $ 1,535,300
Children's special health care services administration-
44.0 FTE positions...................................... 6,028,300 6,028,300
Medical care and treatment............................... 247,241,600 247,241,600
Nonemergency medical transportation...................... 905,900 905,900
Outreach and advocacy.................................... 5,510,000 5,510,000
GROSS APPROPRIATION...................................... $ 261,221,100 $ 261,221,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 138,362,100 138,362,100
Special revenue funds:
Private revenues......................................... 1,013,700 1,013,700
Other state restricted revenues.......................... 3,382,900 3,382,900
State general fund/general purpose....................... $ 118,462,400 $ 118,462,400
Sec. 8-120. AGING AND ADULT SERVICES AGENCY
Full-time equated classified positions.................. 48.0 48.0
Aging and adult services administration-48.0 FTE
positions............................................... $ 9,394,700 $ 9,394,700
Community services....................................... 43,717,300 43,717,300
Employment assistance.................................... 3,500,000 3,500,000
Nutrition services....................................... 42,254,200 42,254,200
Respite care program..................................... 6,468,700 6,468,700
Senior volunteer service programs........................ 4,465,300 4,465,300
GROSS APPROPRIATION...................................... $ 109,800,200 $ 109,800,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 59,998,600 59,998,600
Special revenue funds:
Private revenues......................................... 520,000 520,000
Michigan merit award trust fund.......................... 4,068,700 4,068,700
Other state restricted revenues.......................... 2,000,000 2,000,000
State general fund/general purpose....................... $ 43,212,900 $ 43,212,900
Sec. 8-121. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.................. 466.5 476.5
Electronic health record incentive program-24.0 FTE
positions............................................... $ 144,328,000 $ 144,328,000
Healthy Michigan plan administration-30.0 FTE positions.. 47,720,000 47,720,000
Medical services administration-384.5 FTE positions...... 82,310,400 82,310,400
Technology supporting integrated service-28.0 FTE
positions............................................... 40,242,400 60,913,600
GROSS APPROPRIATION...................................... $ 314,600,800 $ 335,272,000
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 749,600 749,600
Other federal revenues................................... 265,296,500 283,403,300
Special revenue funds:
Local revenues........................................... 107,300 107,300
Private revenues......................................... 101,300 101,300
Other state restricted revenues.......................... 336,300 336,300
State general fund/general purpose....................... $ 48,009,800 $ 50,574,200
Sec. 8-122. MEDICAL SERVICES
Adult home help services................................. $ 323,217,200 $ 323,217,200
Ambulance services....................................... 18,376,100 18,376,100
Auxiliary medical services............................... 5,500,000 5,500,000
Dental services.......................................... 305,881,800 305,881,800
Federal Medicare pharmaceutical program.................. 290,548,800 290,548,800
Health plan services..................................... 5,094,303,000 4,992,803,500
Healthy Michigan plan.................................... 3,813,681,000 3,748,146,200
Home health services..................................... 4,700,000 4,700,000
Hospice services......................................... 112,966,100 112,966,100
Hospital disproportionate share payments................. 45,000,000 45,000,000
Hospital services and therapy............................ 787,773,900 787,773,900
Integrated care organizations............................ 187,469,700 187,469,700
Long-term care services.................................. 1,779,991,300 1,779,991,300
Maternal and child health................................ 20,279,500 20,279,500
Medicaid home- and community-based services waiver....... 328,662,200 328,662,200
Medicare premium payments................................ 537,393,200 537,393,200
Personal care services................................... 9,491,200 9,491,200
Pharmaceutical services.................................. 550,924,700 550,924,700
Physician services....................................... 262,552,800 262,552,800
Program of all-inclusive care for the elderly............ 107,841,200 107,841,200
School-based services.................................... 109,937,200 109,937,200
Special Medicaid reimbursement........................... 308,796,100 308,796,100
Transportation........................................... 29,953,700 29,953,700
GROSS APPROPRIATION...................................... $ 15,035,240,700 $ 14,868,206,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 10,894,648,100 10,738,124,300
Special revenue funds:
Local revenues........................................... 34,090,800 34,090,800
Private revenues......................................... 2,100,000 2,100,000
Michigan merit award trust fund.......................... 45,000,000 45,000,000
Other state restricted revenues.......................... 2,184,525,900 2,110,646,700
State general fund/general purpose....................... $ 1,874,875,900 $ 1,938,244,600
Sec. 8-123. INFORMATION TECHNOLOGY
Child support automation................................. $ 41,877,600 $ 41,877,600
Information technology services and projects............. 159,092,500 159,179,300
Michigan Medicaid information system..................... 55,634,400 55,634,400
GROSS APPROPRIATION...................................... $ 256,604,500 $ 256,691,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education......................... 1,067,000 1,067,000
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 23,935,900 23,935,900
Other federal revenues................................... 131,602,600 131,627,700
Special revenue funds:
Private revenues......................................... 25,000,000 25,000,000
Other state restricted revenues.......................... 1,985,800 1,985,800
State general fund/general purpose....................... $ 73,013,200 $ 73,074,900
Sec. 8-124. ONE-TIME APPROPRIATIONS
Full-time equated classified positions.................. 4.5 0.0
Autism navigator......................................... $ 565,000 $ 0
Child lead poisoning elimination board................... 2,000,000 0
Drinking water declaration of emergency-4.5 FTE
positions............................................... 13,361,700 0
Food Bank Council of Michigan............................ 500,000 0
Refugee assistance program............................... 1,000,000 0
University autism programs............................... 1,000,000 0
GROSS APPROPRIATION...................................... $ 18,426,700 $ 0
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 3,500,000 0
Special revenue funds:
Other state restricted revenues.......................... 8,861,700 0
State general fund/general purpose....................... $ 6,065,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 8-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $6,903,905,200.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $1,371,570,500.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Multicultural integration funding....................................... $ 5,478,200
Children's waiver home care program..................................... 6,500,000
Community mental health non-Medicaid services........................... 120,050,400
Essential local public health services.................................. 35,736,100
Public health administration............................................ 1,000
Family, maternal, and children's health services administration......... 8,800
Senior volunteer service programs....................................... 940,800
Hospital services and therapy........................................... 1,575,500
Nursing home PAS/ARR-OBRA............................................... 2,728,200
Childhood lead program.................................................. 314,800
Dental services......................................................... 2,141,200
Behavioral health program administration................................ 3,132,000
Children with serious emotional disturbance waiver...................... 3,500,000
Health homes............................................................ 70,700
Healthy Michigan plan - behavioral health............................... 15,421,700
Medicaid mental health services......................................... 790,776,700
Laboratory services..................................................... 5,300
Long-term care services................................................. 102,419,500
Physician services...................................................... 8,926,800
Child care fund......................................................... 142,736,200
Medicaid substance use disorder services................................ 17,505,600
Health innovation grants................................................ 137,100
Community services...................................................... 19,383,500
Housing and support services............................................ 637,300
State disability assistance program substance use disorder services..... 2,018,800
Prenatal care outreach and service delivery support..................... 2,997,600
Crime victim rights services grants..................................... 7,216,000
Family independence program............................................. 5,100
State disability assistance payments.................................... 742,600
Primary care services................................................... 87,300
Sexually transmitted disease control program............................ 701,300
Respite care program.................................................... 6,468,700
Community substance use disorder prevention, education, and treatment... 14,553,400
Immunization program.................................................... 1,039,300
AIDS prevention, testing, and care programs............................. 1,809,300
Health and wellness initiatives......................................... 2,189,900
Medical care and treatment.............................................. 1,236,200
Nutrition services...................................................... 11,087,000
Autism services......................................................... 36,641,700
Epidemiology administration............................................. 154,800
Outreach and advocacy................................................... 2,440,900
Transportation.......................................................... 53,200
TOTAL..................................................................... $ 1,371,570,500
Sec. 8-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 8-203. As used in this article:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "CMHSP" means a community mental health services program as that term is
defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
(c) "Department" means the department of health and human services.
(d) "Director" means the director of the department.
(e) "DSH" means disproportionate share hospital.
(f) "EPSDT" means early and periodic screening, diagnosis, and treatment.
(g) "Federal poverty level" means the poverty guidelines published annually in
the Federal Register by the United States Department of Health and Human Services
under its authority to revise the poverty line under 42 USC 9902.
(h) "FTE" means full-time equated.
(i) "GME" means graduate medical education.
(j) "Health plan" means, at a minimum, an organization that meets the criteria
for delivering the comprehensive package of services under the department's
comprehensive health plan.
(k) "HEDIS" means healthcare effectiveness data and information set.
(l) "HMO" means health maintenance organization.
(m) "IDEA" means the individuals with disabilities education act, 20 USC 1400 to
1482.
(n) "IDG" means interdepartmental grant.
(o) "MCH" means maternal and child health.
(p) "Medicaid" mean subchapter XIX of the social security act, 42 USC 1396 to
1396w-5.
(q) "Medicare" means subchapter XVIII of the social security act, 42 USC 1395 to
1395.
(r) "MiCAFE" means Michigan's coordinated access to food for the elderly.
(s) "MIChild" means the program described in section 1670.
(t) "MiSACWIS" means Michigan statewide automated child welfare information
system.
(u) "PAS/ARR-OBRA" means the preadmission screening and annual resident review
required under the omnibus budget reconciliation act of 1987, section 1919(e)(7) of
the social security act, 42 USC 1396r.
(v) "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.
(w) "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.
(x) "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.
(y) "Title IV-B" means part B of title IV of the social security act, 42 USC 620
to 629m.
(z) "Title IV-D" means part D of title I+V of the social security act, 42 USC 651
to 669b.
(aa) "Title IV-E" means part E of title IV of the social security act, 42 USC 670
to 679c.
(bb) "Title X" means subchapter VIII of the public health service act, 42 USC 300
to 300a-8, which establishes grants to states for family planning services.
Sec. 8-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 8-205. 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. 8-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 8-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 8-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 8-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 8-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $400,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $45,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $40,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $60,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 8-211. 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. 8-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 8-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 8-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$335,657,300.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $172,731,300.00. Total agency appropriations for retiree
health care legacy costs are estimated at $162,926,000.00.
Sec. 8-215. If 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,
the department shall notify the state budget director, the chairs of the house and
senate subcommittees on the department budget, and the house and senate fiscal
agencies and policy offices of that fact.
Sec. 8-216. (1) In addition to funds appropriated in part 1 for all programs and
services, there is appropriated for write-offs of accounts receivable, deferrals, and
for prior year obligations in excess of applicable prior year appropriations, an
amount equal to total write-offs and prior year obligations, but not to exceed amounts
available in prior year revenues.
(2) The department's ability to satisfy appropriation fund sources in part 1
shall not be limited to collections and accruals pertaining to services provided in
the current fiscal year, but shall also include reimbursements, refunds, adjustments,
and settlements from prior years.
Sec. 8-218. The department shall include, but not be limited to, the following in
its annual list of proposed basic health services as required in part 23 of the public
health code, 1978 PA 368, MCL 333.2301 to 333.2321:
(a) Immunizations.
(b) Communicable disease control.
(c) Sexually transmitted disease control.
(d) Tuberculosis control.
(e) Prevention of gonorrhea eye infection in newborns.
(f) Screening newborns for the conditions listed in section 5431 of the public
health code, 1978 PA 368, MCL 333.5431, or recommended by the newborn screening
quality assurance advisory committee created under section 5430 of the public health
code, 1978 PA 368, MCL 333.5430.
(g) Health and human services annex of the Michigan emergency management plan.
(h) Prenatal care.
Sec. 8-219. (1) The department may contract with the Michigan Public Health
Institute for the design and implementation of projects and for other public health-
related activities prescribed in section 2611 of the public health code, 1978 PA 368,
MCL 333.2611. The department may develop a master agreement with the Institute to
carry out these purposes for up to a 3-year period. The department shall report to the
house and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, and the state budget director on or before January 1 of the
current fiscal year all of the following:
(a) A detailed description of each funded project.
(b) The amount allocated for each project, the appropriation line item from which
the allocation is funded, and the source of financing for each project.
(c) The expected project duration.
(d) A detailed spending plan for each project, including a list of all
subgrantees and the amount allocated to each subgrantee.
(2) From the funds appropriated in part 1 and allocated to the Michigan Public
Health Institute, the department shall post or provide links on its website to all
reports, studies, and publications produced by the Michigan Public Health Institute or
its subcontractors.
Sec. 8-220. The department shall ensure that faith-based organizations are able
to apply and compete for services, programs, or contracts that they are qualified and
suitable to fulfill. The department shall not disqualify faith-based organizations
solely on the basis of the religious nature of their organization or their guiding
principles or statements of faith.
Sec. 8-221. According to section 1b of the social welfare act, 1939 PA 280, MCL
400.1b, the department shall treat part 1 and this part as a time-limited addendum to
the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
Sec. 8-222. The department shall report no later than April 1 of the current
fiscal year on each specific policy change made to implement a public act affecting
the department that took effect during the prior calendar year to the house and senate
appropriations subcommittees on the budget for the department, the joint committee on
administrative rules, the senate and house fiscal agencies, and policy offices. The
department shall attach each policy bulletin issued during the prior calendar year to
this report.
Sec. 8-223. The department may establish and collect fees for publications,
videos and related materials, conferences, and workshops. Collected fees are
appropriated when received and shall be used to offset expenditures to pay for
printing and mailing costs of the publications, videos and related materials, and
costs of the workshops and conferences. The department shall not collect fees under
this section that exceed the cost of the expenditures.
Sec. 8-224. The department may retain all of the state's share of food assistance
overissuance collections as an offset to general fund/general purpose costs. Retained
collections shall be applied against federal funds deductions in all appropriation
units where department costs related to the investigation and recoupment of food
assistance overissuances are incurred. Retained collections in excess of such costs
shall be applied against the federal funds deducted in the departmentwide
administration appropriation unit.
Sec. 8-225. (1) Sanctions, suspensions, conditions for provisional license
status, and other penalties shall not be more stringent for private service providers
than for public entities performing equivalent or similar services.
(2) Neither the department nor private service providers or licensees shall be
granted preferential treatment or considered automatically to be in compliance with
administrative rules based on whether they have collective bargaining agreements with
direct care workers. Private service providers or licensees without collective
bargaining agreements shall not be subjected to additional requirements or conditions
of licensure based on their lack of collective bargaining agreements.
Sec. 8-226. If the revenue collected by the department from fees and collections
exceeds the amount appropriated in part 1, the revenue may be carried forward with the
approval of the state budget director into the subsequent fiscal year. The revenue
carried forward under this section shall be used as the first source of funds in the
subsequent fiscal year.
Sec. 8-227. The state departments, agencies, and commissions receiving tobacco
tax funds and Healthy Michigan fund revenue from part 1 shall report by April 1 of the
current fiscal year to the senate and house appropriations committees, the senate and
house fiscal agencies, and the state budget director on the following:
(a) Detailed spending plan by appropriation line item including description of
programs and a summary of organizations receiving these funds.
(b) Description of allocations or bid processes including need or demand
indicators used to determine allocations.
(c) Eligibility criteria for program participation and maximum benefit levels
where applicable.
(d) Outcome measures used to evaluate programs, including measures of the
effectiveness of these programs in improving the health of Michigan residents.
Sec. 8-229. (1) The department shall extend the interagency agreement with the
talent investment agency for the duration of the current fiscal year, which concerns
TANF funding to provide job readiness and welfare-to-work programming. The interagency
agreement shall include specific outcome and performance reporting requirements as
described in this section. TANF funding provided to the talent investment agency in
the current fiscal year is contingent on compliance with the data and reporting
requirements described in this section. The interagency agreement must require the
talent investment agency to provide all of the following items by January 1 of the
current fiscal year for the previous fiscal year to the senate and house
appropriations subcommittees and the state budget office on the department budget:
(a) An itemized spending report on TANF funding, including all of the following:
(i) Direct services to recipients.
(ii) Administrative expenditures.
(b) The number of family independence program (FIP) recipients served through the
TANF funding, including all of the following:
(i) The number and percentage who obtained employment through Michigan Works!.
(ii) The number and percentage who fulfilled their TANF work requirement through
other job readiness programming.
(iii) Average TANF spending per recipient.
(iv) The number and percentage of recipients who were referred to Michigan Works!
but did not receive a job or job readiness placement and the reasons why.
(2) Not later than March 1 of the current fiscal year, the department shall
provide to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, the senate and house policy offices and the
state budget office, an annual report on the following matters itemized by Michigan
Works! agency: the number of referrals to Michigan Works! job readiness programs, the
number of referrals to Michigan Works! job readiness programs who became a participant
in the Michigan Works! job readiness programs, the number of participants who obtained
employment, and the cost per participant case.
Sec. 8-263. (1) Except as otherwise provided in this subsection, before
submission of a waiver or state plan amendment proposal to the Centers for Medicare
and Medicaid Services, 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 or
state plan amendment that does not propose a material change or is outside of the
ordinary course of waiver or state plan amendment.
(2) The department shall provide written biannual reports to the senate and house
appropriations subcommittees on the department budget, the senate and house fiscal
agencies, and the state budget office summarizing the status of any new or ongoing
discussions with the Centers for Medicare and Medicaid Services regarding potential or
future waiver applications as well as the status of submitted waivers that have not
yet received federal approval. If, at the time a biannual report is due, there are no
reportable items, then no report is required to be provided.
Sec. 8-270. The department shall advise the legislature of the receipt of a
notification from the attorney general's office of a legal action in which expenses
had been recovered pursuant to section 106(4) of the social welfare act, 1939 PA 280,
MCL 400.106, or any other statute under which the department has the right to recover
expenses. By November 1 and May 1 of the current fiscal year, the department shall
submit a written report to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the state budget office
that includes, at a minimum, all of the following:
(a) The total amount recovered from the legal action.
(b) The program or service for which the money was originally expended.
(c) Details on the disposition of the funds recovered such as the appropriation
or revenue account in which the money was deposited.
(d) A description of the facts involved in the legal action.
Sec. 8-274. 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, 2017 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.
Sec. 8-275. (1) As part of the year-end closing process, the department, with the
approval of the state budget director, is authorized to realign sources between other
federal, TANF, and capped federal financing authorizations in order to maximize
federal revenues. This realignment of financing shall not produce a gross increase or
decrease in the department's total individual line item authorizations, nor will it
produce a net increase or decrease in total federal revenues, or a net increase in
TANF authorization.
(2) Not later than November 30, the department shall submit to the house and
senate appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the house and senate policy offices a report on the realignment
of federal fund sources that took place as part of the year-end closing process for
the previous fiscal year.
Sec. 8-279. (1) All master contracts relating to human services as funded by the
appropriations in sections 103, 104, 105, 106, 107, 108, and 109 of part 1 shall be
performance-based contracts that employ a client-centered results-oriented process
that is based on measurable performance indicators and desired outcomes and includes
the annual assessment of the quality of services provided.
(2) By February 1 of the current fiscal year, the department shall provide the
senate and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies and policy offices, and the state budget office a report
detailing measurable performance indicators, desired outcomes, and an assessment of
the quality of services provided by the department during the previous fiscal year.
Sec. 8-295. (1) From the funds appropriated in part 1 to agencies providing
physical and behavioral health services to multicultural populations, the department
shall award grants in accordance with the requirements of subsection (2). The state is
not liable for any spending above the contract amount.
(2) The department shall require each contractor described in subsection (1) that
receives greater than $1,000,000.00 in state grant funding to comply with performance-
related metrics to maintain their eligibility for funding. The organizational metrics
shall include, but not be limited to, all of the following:
(a) Each contractor or subcontractor shall have accreditations that attest to
their competency and effectiveness as behavioral health and social service agencies.
(b) Each contractor or subcontractor shall have a mission that is consistent with
the purpose of the multicultural agency.
(c) Each contractor shall validate that any subcontractors utilized within these
appropriations share the same mission as the lead agency receiving funding.
(d) Each contractor or subcontractor shall demonstrate cost-effectiveness.
(e) Each contractor or subcontractor shall ensure their ability to leverage
private dollars to strengthen and maximize service provision.
(f) Each contractor or subcontractor shall provide timely and accurate reports
regarding the number of clients served, units of service provision, and ability to
meet their stated goals.
(3) The department shall require an annual report from the contractors described
in subsection (2). The annual report, due 60 days following the end of the contract
period, shall include specific information on services and programs provided, the
client base to which the services and programs were provided, information on any
wraparound services provided, and the expenditures for those services. The department
shall provide the annual reports to the senate and house appropriations subcommittees
on health and human services, the senate and house fiscal agencies, and the state
budget office.
Sec. 8-298. The department shall continue working with stakeholders to improve
the coordination of publicly funded physical health and behavioral health services in
Michigan. All efforts made towards improving the coordination of supports and services
for persons having or at risk of having intellectual disabilities, developmental
disabilities, substance use disorders, mental health and physical health needs shall
be built upon the published core values agreed upon by the Section 298 Stakeholder
Workgroup. These values include, but are not limited to, person centered planning with
the expectation of high quality and consistent care provided statewide.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 8-307. (1) From the funds appropriated in part 1 for demonstration projects,
$950,000.00 shall be distributed as provided in subsection (2). The amount distributed
under this subsection shall not exceed 50% of the total operating expenses of the
program described in subsection (2), with the remaining 50% paid by local United Way
organizations and other nonprofit organizations and foundations.
(2) Funds distributed under subsection (1) shall be distributed to Michigan 2-1-
1, a nonprofit corporation organized under the laws of this state that is exempt from
federal income tax under section 501(c)(3) of the internal revenue code of 1986, 26
USC 501(c)(3), and whose mission is to coordinate and support a statewide 2-1-1
system. Michigan 2-1-1 shall use the funds only to fulfill the Michigan 2-1-1 business
plan adopted by Michigan 2-1-1 in January 2005.
(3) Michigan 2-1-1 shall refer to the department any calls received reporting
fraud, waste, or abuse of state-administered public assistance.
(4) Michigan 2-1-1 shall report annually to the department and the house and
senate standing committees with primary jurisdiction over matters relating to human
services and telecommunications on 2-1-1 system performance, the senate and house
appropriations subcommittees on the department budget, and the senate and house fiscal
agencies, including, but not limited to, call volume by health and human service needs
and unmet needs identified through caller data and customer satisfaction metrics.
Sec. 8-316. From the funds appropriated in part 1 for terminal leave payouts and
other employee costs, 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. 8-401. (1) The appropriations in part 1 assume a total federal child support
incentive payment of $26,500,000.00.
(2) From the federal money received for child support incentive payments,
$12,000,000.00 shall be retained by the state and expended for child support program
expenses.
(3) From the federal money received for child support incentive payments,
$14,500,000.00 shall be paid to the counties based on each county's performance level
for each of the federal performance measures as established in 45 CFR 305.2.
(4) If the child support incentive payment to the state from the federal
government is greater than $26,500,000.00, then 100% of the excess shall be retained
by the state and is appropriated until the total retained by the state reaches
$15,397,400.00.
(5) If the child support incentive payment to the state from the federal
government is greater than the amount needed to satisfy the provisions identified in
subsections (1), (2), (3), and (4), the additional funds shall be subject to
appropriation by the legislature.
(6) If the child support incentive payment to the state from the federal
government is less than $26,500,000.00, then the state and county share shall each be
reduced by 50% of the shortfall.
Sec. 8-409. (1) If statewide retained child support collections exceed
$38,300,000.00, 75% of the amount in excess of $38,300,000.00 is appropriated to legal
support contracts. This excess appropriation may be distributed to eligible counties
to supplement and not supplant county title IV-D funding.
(2) Each county whose retained child support collections in the current fiscal
year exceed its fiscal year 2004-2005 retained child support collections, excluding
tax offset and financial institution data match collections in both the current year
and fiscal year 2004-2005, shall receive its proportional share of the 75% excess.
Sec. 8-410. (1) If title IV-D-related child support collections are escheated,
the state budget director is authorized to adjust the sources of financing for the
funds appropriated in part 1 for legal support contracts to reduce federal
authorization by 66% of the escheated amount and increase general fund/general purpose
authorization by the same amount. This budget adjustment is required to offset the
loss of federal revenue due to the escheated amount being counted as title IV-D
program income in accordance with federal regulations at 45 CFR 304.50.
(2) The department shall notify the chairs of the house and senate appropriations
subcommittees on the department budget and the house and senate fiscal agencies within
15 days of the authorization adjustment in subsection (1).
COMMUNITY SERVICES AND OUTREACH
Sec. 8-450. (1) From the funds appropriated in part 1 for school success
partnership program, the department shall allocate $450,000.00 by December 1 of the
current fiscal year to support the Northeast Michigan Community Service Agency
programming, which will take place in each county in the Governor's Prosperity Region
3. The department shall require the following performance objectives be measured and
reported for the duration of the state funding for the school success partnership
program:
(a) Increasing school attendance and decreasing chronic absenteeism.
(b) Increasing academic performance based on grades with emphasis on math and
reading.
(c) Identifying barriers to attendance and success and connecting families with
resources to reduce these barriers.
(d) Increasing parent involvement with the parent's child's school and community.
(2) The Northeast Michigan Community Service Agency shall provide reports to the
department on January 31 and June 30 of the current fiscal year on the number of
children and families served and the services that were provided to families to meet
the performance objectives identified in this section. The department shall distribute
the reports within 1 week after receipt to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office.
Sec. 8-452. From the funds appropriated in part 1 for justice assistance grants,
the department shall continue to support forensic nurse examiner programs to
facilitate training for improved evidence collection for the prosecution of sexual
assault. The funds shall be used for program coordination and training.
Sec. 8-453. From the funds appropriated in part 1 for homeless programs, the
department shall increase emergency shelter program per diem rates to $16.00 per bed
night to support efforts of shelter providers to move homeless individuals and
households into permanent housing as quickly as possible. The purpose of this
enhancement is to increase the number of shelter discharges to stable housing
destinations, decrease recidivism rates for shelter clients, and reduce the average
length of stay in emergency shelters.
Sec. 8-454. The department shall allocate the full amount of funds appropriated
in part 1 for homeless programs to provide services for homeless individuals and
families, including, but not limited to, third-party contracts for emergency shelter
services.
CHILDREN'S SERVICE AGENCY - CHILD WELFARE
Sec. 8-501. A goal is established that not more than 25% of all children in
foster care at any given time during the current fiscal year will have been in foster
care for 24 months or more.
Sec. 8-502. From the funds appropriated in part 1 for foster care, the department
shall provide 50% reimbursement to Indian tribal governments for foster care
expenditures for children who are under the jurisdiction of Indian tribal courts and
who are not otherwise eligible for federal foster care cost sharing.
Sec. 8-503. (1) In accordance with the final report of the Michigan child welfare
performance-based funding task force issued in response to section 503 of article X of
2013 PA 59, the department shall continue to develop actuarially sound case rates for
necessary out-of-home child welfare services that achieve permanency by the department
and private child placing agencies in a prospective payment system under a
performance-based funding model.
(2) The department shall continue to develop a prospective rate payment system
for private agencies that includes funding for adoption incentive payments. The full
cost prospective rate payment system will identify and cover contractual costs paid
through the case rate developed by an independent actuary.
(3) By March 1 of the current fiscal year, the department shall provide to the
senate and house appropriations committees on the department budget, the senate and
house fiscal agencies and policy offices, and the state budget office a report on the
full cost analysis of the performance-based funding model. The report shall include
background information on the project and give details about the contractual costs
covered through the case rate.
(4) The department shall only implement the performance-based funding model into
additional counties where the department, private child welfare agencies, the county,
and the court operating within that county have signed a memorandum of understanding
that incorporates the intentions of the concerned parties in order to implement the
performance-based funding model.
(5) The department, in conjunction with members from both the house of
representatives and senate, private child placing agencies, the courts, and counties
shall implement the recommendations that are described in the workgroup report that
was provided in section 503 of article X of 2013 PA 59 to establish a performance-
based funding for public and private child welfare services providers. The department
shall provide a quarterly report on the status of the performance-based contracting
model to the senate and house appropriations subcommittees on the department budget,
the senate and house standing committees on families and human services, the senate
and house fiscal agencies and policy offices, and the state budget office.
(6) From the funds appropriated in part 1 for the performance-based funding model
pilot, the department shall continue to work with the West Michigan Partnership for
Children Consortium on the implementation of the performance-based funding model
pilot. The consortium shall accept and comprehensively assess referred youth, assign
cases to members of its continuum or leverage services from other entities, and make
appropriate case management decisions during the duration of a case. The consortium
shall operate an integrated continuum of care structure, with services provided by
both private and public agencies, based on individual case needs. The consortium shall
demonstrate significant organizational capacity and competencies, including experience
with managing risk-based contracts, financial strength, experienced staff and
leadership, and appropriate governance structure.
Sec. 8-504. (1) The department may establish a master agreement with the West
Michigan Partnership for Children Consortium for a performance-based child welfare
contracting pilot program. The consortium shall consist of a network of affiliated
child welfare service providers that will accept and comprehensively assess referred
youth, assign cases to members of its continuum or leverage services from other
entities, and make appropriate case management decisions during the duration of a
case.
(2) The consortium shall operate an integrated continuum of care structure, with
services provided by private or public agencies, based on individual case needs.
(3) By March 1 of the current fiscal year, the consortium shall provide to the
department and the house and senate appropriations subcommittees on the department
budget a report on the consortium, including, but not limited to, actual expenditures,
number of children placed by agencies in the consortium, fund balance of the
consortium, and the status of the consortium evaluation.
Sec. 8-505. By March 1 of the current fiscal year, the department shall provide
to the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget office a
report for youth referred or committed to the department for care or supervision in
the previous fiscal year outlining the number of youth served within the juvenile
justice system, the type of setting for each youth, performance outcomes, and
financial costs or savings.
Sec. 8-507. The department's ability to satisfy appropriation deducts in part 1
for foster care private collections shall not be limited to collections and accruals
pertaining to services provided only in the current fiscal year but may include
revenues collected during the current fiscal year for services provided in prior
fiscal years.
Sec. 8-508. (1) In addition to the amount appropriated in part 1 for children's
trust fund grants, money granted or money received as gifts or donations to the
children's trust fund created by 1982 PA 249, MCL 21.171 to 21.172, is appropriated
for expenditure.
(2) The department and the child abuse and neglect prevention board shall
collaborate to ensure that administrative delays are avoided and the local grant
recipients and direct service providers receive money in an expeditious manner. The
department and board shall make available the children's trust fund contract funds to
grantees within 31 days of the start date of the funded project.
Sec. 8-513. (1) The department shall not expend funds appropriated in part 1 to
pay for the direct placement by the department of a child in an out-of-state facility
unless all of the following conditions are met:
(a) There is no appropriate placement available in this state as determined by
the department interstate compact office.
(b) An out-of-state placement exists that is nearer to the child's home than the
closest appropriate in-state placement as determined by the department interstate
compact office.
(c) The out-of-state facility meets all of the licensing standards of this state
for a comparable facility.
(d) The out-of-state facility meets all of the applicable licensing standards of
the state in which it is located.
(e) The department has done an on-site visit to the out-of-state facility,
reviewed the facility records, reviewed licensing records and reports on the facility,
and believes that the facility is an appropriate placement for the child.
(2) The department shall not expend money for a child placed in an out-of-state
facility without approval of the executive director of the children's services agency.
(3) The department shall submit an annual report to the state court
administrative office, the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, the house and senate policy
offices, and the state budget office on the number of Michigan children residing in
out-of-state facilities at the time of the report, the total cost and average per diem
cost of these out-of-state placements to this state, and a list of each such placement
arranged by the Michigan county of residence for each child.
Sec. 8-522. (1) From the funds appropriated in part 1 for youth in transition,
the department shall allocate $750,000.00 for college 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 located in this state. Of the funds appropriated, 100% shall be used to fund
scholarships for the youths described in this section.
(2) Not later than March 1 of the current fiscal year, the department shall
provide a report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office that includes the number of youths who received
scholarships and the amount of each scholarship, and the total amount of funds spent
or encumbered in the current fiscal year.
Sec. 8-523. (1) By February 15 of the current fiscal year, the department shall
report on the families first, family reunification, and families together building
solutions family preservation programs 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 report shall provide
an estimate of total costs savings as a result of avoiding placement of children in
foster care for families who received family preservation services and shall include
information for each program on any innovations that may increase savings or
reductions in administrative costs.
(2) From the funds appropriated in part 1 for youth in transition and domestic
violence prevention and treatment, the department is authorized to make allocations of
TANF funds only to agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
Sec. 8-524. As a condition of receiving funds appropriated in part 1 for strong
families/safe children, counties must submit the service spending plan to the
department by October 1 of the current fiscal year for approval. The department shall
approve the service spending plan within 30 calendar days after receipt of a properly
completed service spending plan.
Sec. 8-525. The department shall implement the same on-site evaluation processes
for privately operated child welfare and juvenile justice residential facilities as is
used to evaluate state-operated facilities. Penalties for noncompliance shall be the
same for privately operated child welfare and juvenile justice residential facilities
and state-operated facilities.
Sec. 8-526. From the funds appropriated in part 1 for foster care payments and
related administrative costs, the department may implement the federally approved
title IV-E child welfare waiver demonstration project. As required under the waiver,
any savings resulting from the demonstration project must be quantified and reinvested
into child welfare programming.
Sec. 8-533. (1) The department shall make payments to child placing facilities
for in-home and out-of-home care services and adoption services within 30 days of
receiving all necessary documentation from those agencies.
(2) No later than 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, the senate and house policy offices, and
the state budget office that details each private child placing agency and the
percentage of payments that were in excess of 30 days during the entire prior fiscal
year and the first quarter of the current fiscal year.
Sec. 8-546. (1) From the funds appropriated in part 1 for foster care payments
and from child care fund, the department shall pay providers of general foster care,
independent living, and trial unification services not less than a $46.20
administrative rate.
(2) From the funds appropriated in part 1, the department shall pay providers of
independent living plus services statewide per diem rates for staff-supported housing
and host-home housing based on proposals submitted in response to a solicitation for
pricing. The independent living plus program provides staff-supported housing and
services for foster youth ages 16 through 19 who, because of their individual needs
and assessments, are not initially appropriate for general independent living foster
care.
(3) If required by the federal government to meet title IV-E requirements,
providers of foster care services shall submit quarterly expenditure reports to the
department to identify actual costs of providing foster care services.
Sec. 8-547. 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.
Sec. 8-559. (1) From the funds appropriated in part 1 for adoption support
services, the department shall allocate $250,000.00 to the Adoptive Family Support
Network 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. 8-567. The department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office by March 1 of the current
fiscal year a report on completion of medical passports for children in foster care
including the following:
(a) The percentage of medical passports that were properly filled out.
(b) From the total medical passports transferred, the percentage that transferred
within 2 weeks from the date of placement or return to the home.
(c) From the total school records, the percentage that transferred within 2 weeks
from the date of placement or return to the home.
(d) The implementation steps that have been taken to improve the outcomes for the
measures in subdivisions (a) and (b).
Sec. 8-574. (1) From the funds appropriated in part 1 for foster care payments,
$2,500,000.00 is allocated to support performance-based contracts with child placing
agencies to facilitate the licensure of relative caregivers as foster parents.
Agencies shall receive $2,300.00 for each facilitated licensure if completed within
180 days after a child's placement or, if a waiver was previously approved, 180 days
from the application date. If the facilitated licensure, or approved waiver, is
completed after 180 days, the agency shall receive up to $2,300.00. The agency
facilitating the licensure would retain the placement and continue to provide case
management services for at least 50% of the newly licensed cases for which the
placement was appropriate to the agency. Up to 50% of the newly licensed cases would
have direct foster care services provided by the department.
(2) From the funds appropriated for foster care payments, $375,000.00 is
allocated to support family incentive grants to private and community-based foster
care service providers to assist with home improvements or payment for physical exams
for applicants needed by foster families to accommodate foster children.
Sec. 8-583. By March 1 of the current fiscal year, the department shall provide
to the senate and house appropriations subcommittees on the department budget, the
senate and house standing committees on families and human services, the senate and
house fiscal agencies and policy offices, and the state budget office a report that
includes:
(a) The number and percentage of foster parents that dropped out of the program
in the previous fiscal year and the reasons the foster parents left the program and
how those figures compare to prior fiscal years.
(b) The number and percentage of foster parents successfully retained in the
previous fiscal year and how those figures compare to prior fiscal years.
Sec. 8-585. The department shall make available at least 1 pre-service training
class each month in which new caseworkers for private foster care and adoption
agencies can enroll.
Sec. 8-588. (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) The department shall report quarterly to the state budget office, the senate
and house appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the senate and house policy offices on the number of children
enrolled in the guardianship assistance and foster care - children with serious
emotional disturbance waiver programs.
Sec. 8-589. On a monthly basis, the department shall report on the number of all
foster care cases administered by the department and all foster care cases
administered by private providers.
Sec. 8-593. The department may allow residential service providers for child
abuse and child neglect cases to implement a staff ratio during working hours of 1
staff to 5 children.
Sec. 8-594. From the funds appropriated in part 1 for foster care payments, the
department shall support regional resource teams to provide for the recruitment,
retention, and training of foster and adoptive parents and shall expand the Michigan
Youth Opportunities Initiative to all Michigan counties. The purpose of this
investment is to increase the number of annual inquiries from prospective foster
parents, increase the number of non-relative foster homes that achieve licensure each
year, increase the annual retention rate of non-relative 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.
PUBLIC ASSISTANCE
Sec. 8-601. Whenever a client agrees to the release of his or her name and
address to the local housing authority, the department shall request from the local
housing authority information regarding whether the housing unit for which vendoring
has been requested meets applicable local housing codes. Vendoring shall be terminated
for those units that the local authority indicates in writing do not meet local
housing codes until such time as the local authority indicates in writing that local
housing codes have been met.
Sec. 8-604. (1) The department shall operate a state disability assistance
program. Except as provided in subsection (3), persons eligible for this program shall
include needy citizens of the United States or aliens exempted from the supplemental
security income citizenship requirement who are at least 18 years of age or
emancipated minors meeting 1 or more of the following requirements:
(a) A recipient of supplemental security income, social security, or medical
assistance due to disability or 65 years of age or older.
(b) A person with a physical or mental impairment that meets federal supplemental
security income disability standards, except that the minimum duration of the
disability shall be 90 days. Substance use disorder alone is not defined as a basis
for eligibility.
(c) A resident of an adult foster care facility, a home for the aged, a county
infirmary, or a substance use disorder treatment center.
(d) A person receiving 30-day postresidential substance use disorder treatment.
(e) A person diagnosed as having acquired immunodeficiency syndrome.
(f) A person receiving special education services through the local intermediate
school district.
(g) A caretaker of a disabled person who meets the requirements specified in
subdivision (a), (b), (e), or (f).
(2) Applicants for and recipients of the state disability assistance program
shall be considered needy if they:
(a) Meet the same asset test as is applied for the family independence program.
(b) Have a monthly budgetable income that is less than the payment standards.
(3) Except for a person described in subsection (1)(c) or (d), a person is not
disabled for purposes of this section if his or her drug addiction or alcoholism is a
contributing factor material to the determination of disability. "Material to the
determination of disability" means that, if the person stopped using drugs or alcohol,
his or her remaining physical or mental limitations would not be disabling. If his or
her remaining physical or mental limitations would be disabling, then the drug
addiction or alcoholism is not material to the determination of disability and the
person may receive state disability assistance. Such a person must actively
participate in a substance abuse treatment program, and the assistance must be paid to
a third party or through vendor payments. For purposes of this section, substance
abuse treatment includes receipt of inpatient or outpatient services or participation
in alcoholics anonymous or a similar program.
Sec. 8-605. The level of reimbursement provided to state disability assistance
recipients in licensed adult foster care facilities shall be the same as the
prevailing supplemental security income rate under the personal care category.
Sec. 8-606. County department offices shall require each recipient of family
independence program and state disability assistance who has applied with the social
security administration for supplemental security income to sign a contract to repay
any assistance rendered through the family independence program or state disability
assistance program upon receipt of retroactive supplemental security income benefits.
Sec. 8-607. (1) The department's ability to satisfy appropriation deductions in
part 1 for state disability assistance/supplemental security income recoveries and
public assistance recoupment revenues shall not be limited to recoveries and accruals
pertaining to state disability assistance, or family independence assistance grant
payments provided only in the current fiscal year, but may include revenues collected
during the current year that are prior year related and not a part of the department's
accrued entries.
(2) The department may use supplemental security income recoveries to satisfy the
deduct in any line in which the revenues are appropriated, regardless of the source
from which the revenue is recovered.
Sec. 8-608. Adult foster care facilities providing domiciliary care or personal
care to residents receiving supplemental security income or homes for the aged serving
residents receiving supplemental security income shall not require those residents to
reimburse the home or facility for care at rates in excess of those legislatively
authorized. To the extent permitted by federal law, adult foster care facilities and
homes for the aged serving residents receiving supplemental security income shall not
be prohibited from accepting third-party payments in addition to supplemental security
income if the payments are not for food, clothing, shelter, or result in a reduction
in the recipient's supplemental security income payment.
Sec. 8-609. The state supplementation level under the supplemental security
income program for the personal care/adult foster care and home for the aged
categories shall not be reduced during the current fiscal year. The legislature shall
be notified not less than 30 days before any proposed reduction in the state
supplementation level.
Sec. 8-610. (1) In developing good cause criteria for the state emergency relief
program, the department shall grant exemptions if the emergency resulted from
unexpected expenses related to maintaining or securing employment.
(2) For purposes of determining housing affordability eligibility for state
emergency relief, a group is considered to have sufficient income to meet ongoing
housing expenses if their total housing obligation does not exceed 75% of their total
net income.
(3) State emergency relief payments shall not be made to individuals who have
been found guilty of fraud in regard to obtaining public assistance.
(4) State emergency relief payments shall not be made available to persons who
are out-of-state residents or illegal immigrants.
(5) State emergency relief payments for rent assistance shall be distributed
directly to landlords and shall not be added to Michigan bridge cards.
Sec. 8-611. The state supplementation level under the supplemental security
income program for the living independently or living in the household of another
categories shall not exceed the minimum state supplementation level as required under
federal law or regulations.
Sec. 8-613. (1) The department shall provide reimbursements for the final
disposition of indigent persons. The reimbursements shall include the following:
(a) The maximum allowable reimbursement for the final disposition is $800.00.
(b) The adult burial with services allowance is $725.00.
(c) The adult burial without services allowance is $490.00.
(d) The infant burial allowance is $170.00.
(2) Reimbursement for a cremation permit fee of up to $75.00 and for mileage at
the standard rate will be made available for an eligible cremation. The reimbursements
under this section shall take into consideration religious preferences that prohibit
cremation.
Sec. 8-615. Except as required by federal law or regulations, funds appropriated
in part 1 shall not be used to provide public assistance to a person who is an illegal
alien. This section shall not prohibit the department from entering into contracts
with food banks, emergency shelter providers, or other human services agencies who
may, as a normal part of doing business, provide food or emergency shelter.
Sec. 8-616. The department shall require retailers that participate in the
electronic benefits transfer program to charge no more than $2.50 in fees for cash
back as a condition of participation.
Sec. 8-619. (1) Subject to subsection (2), the department shall exempt from the
denial of title IV-A assistance and food assistance benefits under 21 USC 862a any
individual who has been convicted of a felony that included the possession, use, or
distribution of a controlled substance, after August 22, 1996, if the individual is
not in violation of his or her probation or parole requirements. Benefits shall be
provided to such individuals as follows:
(a) A third-party payee or vendor shall be required for any cash benefits
provided.
(b) An authorized representative shall be required for food assistance receipt.
(2) Subject to federal approval, an individual is not entitled to the exemption
in this section if the individual was convicted in 2 or more separate cases of a
felony that included the possession, use, or distribution of a controlled substance
after August 22, 1996.
Sec. 8-620. (1) The department shall make a determination of Medicaid eligibility
not later than 90 days if disability is an eligibility factor. For all other Medicaid
applicants, including patients of a nursing home, the department shall make a
determination of Medicaid eligibility within 45 days of application.
(2) The department shall report on a quarterly basis to the senate and house
appropriations subcommittees on the department budget, the senate and house standing
committees on families and human services, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office on the average Medicaid
eligibility standard of promptness for each of the required standards of promptness
under subsection (1) and for medical review team reviews achieved statewide and at
each local office.
Sec. 8-643. As a condition of receipt of federal TANF funds, homeless shelters
and human services agencies shall collaborate with the department to obtain necessary
TANF eligibility information on families as soon as possible after admitting a family
to the homeless shelter. From the funds appropriated in part 1 for homeless programs,
the department is authorized to make allocations of TANF funds only to the agencies
that report necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. Homeless shelters or human services agencies that
do not report necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements will not receive reimbursements that exceed the per
diem amount they received in fiscal year 2000. The use of TANF funds under this
section should not be considered an ongoing commitment of funding.
Sec. 8-645. An individual or family is considered homeless, for purposes of
eligibility for state emergency relief, if living temporarily with others in order to
escape domestic violence. For purposes of this section, domestic violence is defined
and verified in the same manner as in the department's policies on good cause for not
cooperating with child support and paternity requirements.
Sec. 8-653. From the funds appropriated in part 1 for food assistance, an
individual who is the victim of domestic violence and does not qualify for any other
exemption may be exempt from the 3-month in 36-month limit on receiving food
assistance under 7 USC 2015. This exemption can be extended an additional 3 months
upon demonstration of continuing need.
Sec. 8-654. The department shall notify recipients of food assistance program
benefits that their benefits can be spent with their bridge cards at many farmers'
markets in the state. The department shall also notify recipients about the Double Up
Food Bucks program that is administered by the Fair Food Network. Recipients shall
receive information about the Double Up Food Bucks program, including information that
when the recipient spends $20.00 at participating farmers' markets through the
program, the recipient can receive an additional $20.00 to buy Michigan produce.
Sec. 8-655. Within 14 days after the spending plan for low-income home energy
assistance program is approved by the state budget office, the department shall
provide the spending plan, including itemized projected expenditures, to the
chairpersons of the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy offices, and
the state budget office.
Sec. 8-660. From the funds appropriated in part 1 for Food Bank Council of
Michigan, the department is authorized to make allocations of TANF funds only to the
agencies that report necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. The agencies that do not report necessary data to
the department for the purpose of meeting TANF eligibility reporting requirements will
not receive allocations in excess of those received in fiscal year 2000. The use of
TANF funds under this section should not be considered an ongoing commitment of
funding.
Sec. 8-669. The department shall allocate up to $9,000,000.00 for the annual
clothing allowance. The allowance shall be granted to all eligible children in a
family independence program group.
Sec. 8-677. (1) The department shall establish a state goal for the percentage of
family independence program cases involved in employment activities. The percentage
established shall not be less than 50%. The goal for long-term employment shall be 15%
of cases for 6 months or more.
(2) On a quarterly basis, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house fiscal
agencies and policy offices, and the state budget director on the number of cases
referred to Partnership. Accountability. Training. Hope. (PATH), the current
percentage of family independence program cases involved in PATH employment
activities, an estimate of the current percentage of family independence program cases
that meet federal work participation requirements on the whole, and an estimate of the
current percentage of the family independence program cases that meet federal work
participation requirements for those cases referred to PATH.
(3) The department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office a quarterly report that
includes all of the following:
(a) The number and percentage of nonexempt family independence program recipients
who are employed.
(b) The average and range of wages of employed family independence program
recipients.
(c) The number and percentage of employed family independence program recipients
who remain employed for 6 months or more.
Sec. 8-686. (1) The department shall ensure that program policy requires
caseworkers to confirm that individuals presenting personal identification issued by
another state seeking assistance through the family independence program, food
assistance program, state disability assistance program, or medical assistance program
are not receiving benefits from any other state.
(2) The department shall require caseworkers to confirm the address provided by
any individual seeking family independence program benefits or state disability
assistance benefits.
(3) The department shall prohibit individuals with property assets assessed at a
value higher than $200,000.00 from accessing assistance through department-
administered programs, unless such a prohibition would violate federal rules and
guidelines.
(4) The department shall require caseworkers to obtain an up-to-date telephone
number during the eligibility determination or redetermination process for individuals
seeking medical assistance benefits.
Sec. 8-687. (1) The department shall, on a quarterly basis by February 1, May 1,
August 1, and November 1, compile and make available on its website all of the
following information about the family independence program, state disability
assistance, the food assistance program, Medicaid, and state emergency relief:
(a) The number of applications received.
(b) The number of applications approved.
(c) The number of applications denied.
(d) The number of applications pending and neither approved nor denied.
(e) The number of cases opened.
(f) The number of cases closed.
(g) The number of cases at the beginning of the quarter and the number of cases
at the end of the quarter.
(2) The information provided under subsection (1) shall be compiled and made
available for the state as a whole and for each county and reported separately for
each program listed in subsection (1).
(3) The department shall, on a quarterly basis by February 1, May 1, August 1,
and November 1, compile and make available on its website the family independence
program information listed as follows:
(a) The number of new applicants who successfully met the requirements of the 21-
day assessment period for PATH.
(b) The number of new applicants who did not meet the requirements of the 21-day
assessment period for PATH.
(c) The number of cases sanctioned because of the school truancy policy.
(d) The number of cases closed because of the 48-month and 60-month lifetime
limits.
(e) The number of first-, second-, and third-time sanctions.
(f) The number of children ages 0-5 living in FIP-sanctioned households.
Sec. 8-688. From the funds appropriated in part 1 for the low-income home energy
assistance program, up to $6,766,800.00 of federal funding shall be allocated to
provide an additional $20.01 payment to food assistance program cases that are not
currently eligible for the standard utility allowance to enable these cases to receive
expanded food assistance benefits through the program commonly known as the Heat and
Eat program.
Sec. 8-689. From the funds appropriated in part 1 for public assistance field
staff, the department shall expand its Pathways to Potential program. The purpose of
this enhancement is to reduce chronic absenteeism, decrease the number of students who
repeat grades, decrease the rate of dropouts, and increase graduation rates at
Pathways schools. The investment shall focus on expanding the Pathways model into
priority schools that rank among the lowest achieving five percent of all Michigan
public schools and in schools located in at-risk "rising tide" communities targeted
for programming to maximize economic development and economic expansion.
CHILDREN'S SERVICES AGENCY - JUVENILE JUSTICE
Sec. 8-706. Counties shall be subject to 50% chargeback for the use of
alternative regional detention services, if those detention services do not fall under
the basic provision of section 117e of the social welfare act, 1939 PA 280, MCL
400.117e, or if a county operates those detention services programs primarily with
professional rather than volunteer staff.
Sec. 8-707. In order to be reimbursed for child care fund expenditures, counties
are required to submit department-developed reports to enable the department to
document potential federally claimable expenditures. This requirement is in accordance
with the reporting requirements specified in section 117a(7) of the social welfare
act, 1939 PA 280, MCL 400.117a.
Sec. 8-708. (1) As a condition of receiving funds appropriated in part 1 for the
child care fund line item, by December 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 to the department by October 1 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) 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 October 1 and the number of service spending plans not approved by December
15. The report shall include the number of county service spending plans that were not
approved as first submitted by the counties, as well as the number of plans that were
not approved by the department after being resubmitted by the county with the first
revisions that were requested by the department.
Sec. 8-709. (1) The department's master contract for juvenile justice residential
foster care services shall be amended to 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.
(2) The rates established for private residential juvenile justice facilities
that were in effect on October 1, 2015 remain in effect for the current fiscal year.
FIELD OPERATIONS AND SUPPORT SERVICES
Sec. 8-801. (1) Funds appropriated in part 1 for independent living shall be used
to support the general operations of centers for independent living in delivering
mandated independent living services in compliance with federal rules and regulations
for the centers, by existing centers for independent living to serve underserved
areas, and for projects to build the capacity of centers for independent living to
deliver independent living services. Applications for the funds shall be reviewed in
accordance with criteria and procedures established by the department. The funds
appropriated in part 1 may be used to leverage federal vocational rehabilitation
innovation and expansion funds consistent with 34 CFR 361.35 up to $5,543,000.00, if
available. If the possibility of matching federal funds exists, the centers for
independent living network will negotiate a mutually beneficial contractual
arrangement with Michigan rehabilitation services. Funds shall be used in a manner
consistent with the state plan for independent living. Services provided should assist
people with disabilities to move toward self-sufficiency, including support for
accessing transportation and health care, obtaining employment, community living,
nursing home transition, information and referral services, education, youth
transition services, veterans, and stigma reduction activities and community
education. This includes the independent living guide project that specifically
focuses on economic self-sufficiency.
(2) The Michigan centers for independent living shall provide a report by March 1
of the current fiscal year to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, the house and senate policy
offices, and the state budget office on direct customer and system outcomes and
performance measures.
Sec. 8-802. The Michigan rehabilitation services shall work collaboratively with
the bureau of services for blind persons, service organizations, and government
entities to identify qualified match dollars to maximize use of available federal
vocational rehabilitation funds.
Sec. 8-803. The department shall provide an annual report by February 1 to the
house and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, house and senate policy offices and the state budget office on
efforts taken to improve the Michigan rehabilitation services. The report shall
include all of the following items:
(a) Reductions and changes in administration costs and staffing.
(b) Service delivery plans and implementation steps achieved.
(c) Reorganization plans and implementation steps achieved.
(d) Plans to integrate Michigan rehabilitative services programs into other
services provided by the department.
(e) Quarterly expenditures by major spending category.
(f) Employment and job retention rates from both Michigan rehabilitation services
and its nonprofit partners.
(g) Success rate of each district in achieving the program goals.
Sec. 8-804. From the funds appropriated in part 1 for Michigan rehabilitation
services, the department shall allocate $50,000.00 along with available federal match
to support the provision of vocational rehabilitation services to eligible
agricultural workers with disabilities. Authorized services shall assist agricultural
workers with disabilities in acquiring or maintaining quality employment and
independence.
Sec. 8-806. From the funds appropriated in part 1 for Michigan rehabilitation
services, the department shall allocate $6,100,300.00, including federal matching
funds, to service authorizations with community-based rehabilitation organizations for
an array of needed services throughout the customer's rehabilitation process.
Sec. 8-807. From the funds appropriated in part 1 for Elder Law of Michigan
MiCAFE contract, the department shall allocate not less than $350,000.00 to the Elder
Law of Michigan MiCAFE to assist this state's elderly population in participating in
the food assistance program. Of the $350,000.00 allocated under this section, the
department shall use $175,000.00, which are general fund/general purpose funds, as
state matching funds for not less than $175,000.00 in United States Department of
Agriculture funding to provide outreach program activities, such as eligibility
screening and information services, as part of a statewide food assistance hotline.
Sec. 8-825. From the funds appropriated in part 1, the department shall provide
individuals not more than $500.00 for vehicle repairs, including any repairs done in
the previous 12 months. However, the department may in its discretion pay for repairs
up to $900.00. Payments under this section shall include the combined total of
payments made by the department and work participation program.
Sec. 8-850. (1) The department shall maintain out-stationed eligibility
specialists in community-based organizations, community mental health agencies,
nursing homes, adult placement and independent living settings, federally qualified
health centers, and hospitals unless a community-based organization, community mental
health agency, nursing home, adult placement and independent living setting, federally
qualified health centers, or hospital requests that the program be discontinued at its
facility.
(2) From the funds appropriated in part 1 for donated funds positions, the
department shall enter into contracts with agencies that are able and eligible under
federal law to provide the required matching funds for federal funding, as determined
by federal statute and regulations.
(3) A contract for an assistance payments donated funds position must include,
but not be limited to, the following performance metrics:
(a) Meeting a standard of promptness for processing applications for Medicaid and
other public assistance programs under state law.
(b) Meeting required standards for error rates in determining programmatic
eligibility as determined by the department.
(4) The department shall only fill additional donated funds positions after a new
contract has been signed. That position shall also be abolished when the contract
expires or is terminated.
(5) The department shall classify as limited-term FTEs any new employees who are
hired to fulfill the donated funds position contracts or are hired to fill any
vacancies from employees who transferred to a donated funds position.
(6) By March 1 of the current fiscal year, the department shall submit a report
to the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget office
detailing information on the donated funds positions, including the total number of
occupied positions, the total private contribution of the positions, and the total
cost to the state for any nonsalary expenditure for the donated funds position
employees.
Sec. 8-851. From the funds appropriated in part 1 for adult services field staff,
the department shall improve staffing ratios in adult protective services programs
with the goal of reducing the number of older adults who are victims of crime and
fraud. The purpose of the staffing enhancement is to increase standard of promptness
by 90% or above in every county, as measured by commencing an investigation within 24
hours, establishing face-to-face contact with the client within 72 hours, and
completing the investigation within 30 days.
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS
Sec. 8-901. Funds appropriated in part 1 are intended to support a system of
comprehensive community mental health services under the full authority and
responsibility of local CMHSPs or PIHPs in accordance with the mental health code,
1974 PA 258, MCL 330.1001 to 330.2106, the Medicaid provider manual, federal Medicaid
waivers, and all other applicable federal and state laws.
Sec. 8-902. (1) From funds appropriated in part 1, final authorizations to CMHSPs
or PIHPs shall be made upon the execution of contracts between the department and
CMHSPs or PIHPs. The contracts shall contain an approved plan and budget as well as
policies and procedures governing the obligations and responsibilities of both parties
to the contracts. Each contract with a CMHSP or PIHP that the department is authorized
to enter into under this subsection shall include a provision that the contract is not
valid unless the total dollar obligation for all of the contracts between the
department and the CMHSPs or PIHPs entered into under this subsection for the current
fiscal year does not exceed the amount of money appropriated in part 1 for the
contracts authorized under this subsection.
(2) The department shall immediately report to the senate and house
appropriations subcommittees on the department budget, the senate and house fiscal
agencies, and the state budget director if either of the following occurs:
(a) Any new contracts the department has entered into with CMHSPs or PIHPs that
would affect rates or expenditures.
(b) Any amendments to contracts the department has entered into with CMHSPs or
PIHPs that would affect rates or expenditures.
(3) The report required by subsection (2) shall include information about the
changes and their effects on rates and expenditures.
Sec. 8-904. (1) Not later than May 31 of the current fiscal year, the department
shall provide a report on the CMHSPs, PIHPs, regional entities designated by the
department as PIHPs, and managing entities for substance use disorders to the members
of the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget director that includes the
information required by this section.
(2) The report shall contain information for each CMHSP, PIHP, regional entity
designated by the department as a PIHP, and managing entity for substance use
disorders and a statewide summary, each of which shall include at least the following
information:
(a) A demographic description of service recipients that, minimally, shall
include reimbursement eligibility, client population, age, ethnicity, housing
arrangements, and diagnosis.
(b) Per capita expenditures in total and by client population group and ethnic
groups of the services area, including the deaf and hard of hearing population.
(c) Expenditures stratified by department-designated community mental health
entity, by central diagnosis and referral agency, by fund source, by subcontractor, by
population served, and by service type. Additionally, data on administrative
expenditures by department-designated community mental health entity shall be
reported.
(d) Expenditures per state client, with data on the distribution of expenditures
reported using a histogram approach.
(e) Number of services provided by central diagnosis and referral agency, by
subcontractor, and by service type. Additionally, data on length of stay, referral
source, and participation in other state programs.
(f) 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.
(g) Data describing service outcomes that include, but are not limited to, an
evaluation of consumer satisfaction, consumer choice, and quality of life concerns
including, but not limited to, housing and employment.
(h) Information about access to CMHSPs that includes, but is not limited to, the
following:
(i) The number of people receiving requested services.
(ii) The number of people who requested services but did not receive services.
(iii) The number of second opinions requested under the code and the
determination of any appeals.
(i) Lapses and carryforwards during the immediately preceding fiscal year for
CMHSPs, PIHPs, regional entities designated by the department as PIHPs, and managing
entities for substance use disorders.
(j) Performance indicator information required to be submitted to the department
in the contracts with CMHSPs, PIHPs, regional entities designated by the department as
PIHPs, and managing entities for substance use disorders.
(k) Administrative expenditures of each CMHSP, PIHP, regional entity designated
by the department as a PIHP, and managing entity for substance use disorders that
includes 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 department shall include data reporting requirements listed in subsection
(2) in the annual contract with each individual CMHSP, PIHP, regional entity
designated by the department as a PIHP, and managing entity for substance use
disorders.
(4) The department shall take all reasonable actions to ensure that the data
required are complete and consistent among all CMHSPs, PIHPs, regional entities
designated by the department as PIHPs, and managing entities for substance use
disorders.
Sec. 8-905. (1) From the funds appropriated in part 1 for behavioral health
program administration, the department shall maintain a transitional unit and
children's behavioral action team. These services will augment the continuum of
behavioral health services for high-need youth and provide additional continuity of
care and transition into supportive community-based services.
(2) Outcomes and performance measures for this initiative include, but are not
limited to, the following:
(a) The rate of rehospitalization for youth served through the program at 30 and
180 days.
(b) Measured change in the Child and Adolescent Functional Assessment Scale for
children served through the program.
Sec. 8-906. (1) The funds appropriated in part 1 for the state disability
assistance substance use disorder services program shall be used to support per diem
room and board payments in substance use disorder residential facilities. Eligibility
of clients for the state disability assistance substance use disorder services program
shall include needy persons 18 years of age or older, or emancipated minors, who
reside in a substance use disorder treatment center.
(2) The department shall reimburse all licensed substance use disorder programs
eligible to participate in the program at a rate equivalent to that paid by the
department to adult foster care providers. Programs accredited by department-approved
accrediting organizations shall be reimbursed at the personal care rate, while all
other eligible programs shall be reimbursed at the domiciliary care rate.
Sec. 8-907. (1) The amount appropriated in part 1 for substance use disorder
prevention, education, and treatment grants shall be expended to coordinate care and
services provided to individuals with severe and persistent mental illness and
substance use disorder diagnoses.
(2) The department shall approve managing entity fee schedules for providing
substance use disorder services and charge participants in accordance with their
ability to pay.
(3) The managing entity shall continue current efforts to collaborate on the
delivery of services to those clients with mental illness and substance use disorder
diagnoses with the goal of providing services in an administratively efficient manner.
Sec. 8-909. From the funds appropriated in part 1 for community substance use
disorder prevention, education, and treatment, the department shall use available
revenue from the marihuana regulatory fund established in 2016 PA 281 333.27603 to:
improve physical health; expand access to substance use disorder prevention and
treatment services; and strengthen the existing prevention, treatment, and recovery
systems.
Sec. 8-910. The department shall ensure that substance use disorder treatment is
provided to applicants and recipients of public assistance through the department who
are required to obtain substance use disorder treatment as a condition of eligibility
for public assistance.
Sec. 8-918. On or before the twenty-fifth of each month, the department shall
report to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget director on the amount of
funding paid to PIHPs to support the Medicaid managed mental health care program in
the preceding month. The information shall include the total paid to each PIHP, per
capita rate paid for each eligibility group for each PIHP, and number of cases in each
eligibility group for each PIHP, and year-to-date summary of eligibles and
expenditures for the Medicaid managed mental health care program.
Sec. 8-920. As part of the Medicaid rate-setting process for behavioral health
services, the department shall work with PIHP network providers and actuaries to
include any state and federal wage and compensation increases that directly impact
staff who provide Medicaid-funded community living supports, personal care services,
respite services, skill-building services, and other similar supports and services as
part of the Medicaid rate.
Sec. 8-935. A county required under the provisions of the mental health code,
1974 PA 258, MCL 330.1001 to 330.2106, to provide matching funds to a CMHSP for mental
health services rendered to residents in its jurisdiction shall pay the matching funds
in equal installments on not less than a quarterly basis throughout the fiscal year,
with the first payment being made by October 1 of the current fiscal year.
Sec. 8-940. (1) According to section 236 of the mental health code, 1974 PA 258,
MCL 330.1236, the department shall do both of the following:
(a) Review expenditures for each CMHSP to identify CMHSPs with projected
allocation surpluses and to identify CMHSPs with projected allocation shortfalls. The
department shall encourage the board of a CMHSP with a projected allocation surplus to
concur with the department's recommendation to reallocate those funds to CMHSPs with
projected allocation shortfalls.
(b) Withdraw unspent funds that have been allocated to a CMHSP if other
reallocated funds were expended in a manner not provided for in the approved contract,
including expending funds on services and programs provided to individuals residing
outside of the CMHSP's geographic region.
(2) A CMHSP that has its funding allocation transferred out or withdrawn during
the current fiscal year as described in subsection (1) is not eligible for any
additional funding reallocations during the remainder of the current fiscal year,
unless that CMHSP is responding to a public health emergency as determined by the
department.
(3) The department shall notify the chairs of the appropriation subcommittees on
the department budget when a request is made and when the department grants approval
for reallocation or withdraw as described in subsection (1). By September 30 of the
current fiscal year, the department shall provide a report on the amount of funding
reallocated or withdrawn to the senate and house appropriation subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office.
Sec. 8-942. A CMHSP shall provide at least 30 days' notice before reducing,
terminating, or suspending services provided by a CMHSP to CMHSP clients, with the
exception of services authorized by a physician that no longer meet established
criteria for medical necessity.
Sec. 8-958. Medicaid services shall include treatment for autism spectrum
disorders as defined in the federally approved Medicaid state plan. These services may
be coordinated with the Medicaid health plans and the Michigan Association of Health
Plans.
Sec. 8-995. From the funds appropriated in part 1 for behavioral health program
administration, $4,350,000.00 is intended to address the recommendations of the mental
health diversion council.
Sec. 8-998. For distribution of state general funds to CMHSPs, if the department
decides to use census data, the department shall use the most recent federal census
data available.
BEHAVIORAL HEALTH SERVICES
Sec. 8-1003. The department shall notify the Michigan Association of Community
Mental Health Boards when developing policies and procedures that will impact PIHPs or
CMHSPs.
Sec. 8-1004. The department shall provide the senate and house appropriations
subcommittee on the department budget, the senate and house fiscal agencies, and the
state budget office any rebased formula changes to either Medicaid behavioral health
services or non-Medicaid mental health services 90 days before implementation. The
notification shall include a table showing the changes in funding allocation by PIHP
for Medicaid behavioral health services or by CMHSP for non-Medicaid mental health
services.
Sec. 8-1005. For the purposes of special projects involving high-need children or
adults, including the not guilty by reason of insanity population, the department may
contract directly with providers of services to these identified populations.
Sec. 8-1008. The PIHP and CMHSPs shall do all of the following:
(a) Work to reduce administration costs by ensuring that PIHP responsible
functions are efficient to allow optimal transition of dollars to direct services.
This process must include limiting duplicate layers of administration and minimizing
PIHP-delegated services that may result in higher costs or inconsistent service
delivery, or both.
(b) Take an active role in managing mental health care by ensuring consistent and
high-quality service delivery throughout its network and promote a conflict-free care
management environment.
(c) Ensure that direct service rate variances are related to the level of need or
other quantifiable measures to ensure that the most money possible reaches direct
services.
(d) Whenever possible, promote fair and adequate direct care reimbursement,
including fair wages for direct service workers.
Sec. 8-1009. From the funds appropriated in Part 1 for Medicaid mental health
services and Healthy Michigan Plan - behavioral health, the department shall allocate
up to $45,000,000.00 to increase hourly wages for direct care workers providing
Medicaid behavioral health supports and services. The purpose of this allocation is to
increase access to direct care services as reported in CMHSP Sub-Element Cost Reports,
to reduce the turnover rate among direct care workers, and to improve the quality of
direct care supports and services.
Sec. 8-1010. From the funds appropriated in part 1 for behavioral health program
administration, up to $2,000,000.00 shall be allocated to address the implementation
of court-ordered assisted outpatient treatment as provided under chapter 4 of the
mental health code, 1974 PA 258, MCL 330.1400 to 330.1491.
Sec. 8-1012. By September 30 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 detailing the average number of individuals who do not meet
their monthly Medicaid deductibles in this state each year.
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 8-1051. The department shall continue a revenue recapture project to
generate additional revenues from third parties related to cases that have been closed
or are inactive. A portion of revenues collected through project efforts may be used
for departmental costs and contractual fees associated with these retroactive
collections and to improve ongoing departmental reimbursement management functions.
Sec. 8-1052. The purpose of gifts and bequests for patient living and treatment
environments is to use additional private funds to provide specific enhancements for
individuals residing at state-operated facilities. Use of the gifts and bequests shall
be consistent with the stipulation of the donor. The expected completion date for the
use of gifts and bequests donations is within 3 years unless otherwise stipulated by
the donor.
Sec. 8-1055. (1) The department shall not implement any permanent, planned
closures or consolidations of state hospitals, centers, or agencies until CMHSPs or
PIHPs have programs and services in place for those individuals currently in those
facilities and a plan for service provision for those individuals who would have been
admitted to those facilities.
(2) All closures or consolidations are dependent upon adequate department-
approved CMHSP and PIHP plans that include a discharge and aftercare plan for each
individual currently in the facility. A discharge and aftercare plan shall address the
individual's housing needs. A homeless shelter or similar temporary shelter
arrangements are inadequate to meet the individual's housing needs.
(3) Four months after the certification of closure required in section 19(6) of
the state employees' retirement act, 1943 PA 240, MCL 38.19, the department shall
provide a closure plan to the house and senate appropriations subcommittees on the
department budget and the state budget director.
(4) Upon the closure of state-run operations and after transitional costs have
been paid, the remaining balances of funds appropriated for that operation shall be
transferred to CMHSPs or PIHPs responsible for providing services for individuals
previously served by the operations.
Sec. 8-1056. The department may collect revenue for patient reimbursement from
first- and third-party payers, including Medicaid and local county CMHSP payers, to
cover the cost of placement in state hospitals and centers. The department is
authorized to adjust financing sources for patient reimbursement based on actual
revenues earned. If the revenue collected exceeds current year expenditures, the
revenue may be carried forward with approval of the state budget director. The revenue
carried forward shall be used as a first source of funds in the subsequent year.
Sec. 8-1059. The department shall identify specific outcomes and performance
measures for the center for forensic psychiatry, including, but not limited to, the
following:
(a) The average wait time for persons ruled incompetent to stand trial before
admission to the center for forensic psychiatry.
(b) The average wait time for persons ruled incompetent to stand trial before
admission to other state-operated psychiatric facilities.
(c) The number of persons waiting to receive services at the center for forensic
psychiatry.
(d) The number of persons waiting to receive services at other state-operated
hospitals and centers.
HEALTH POLICY
Sec. 8-1143. The department may award health innovation grants to address
emerging issues and encourage cutting edge advances in health care including strategic
partners in both the public and private sectors.
Sec. 8-1144. (1) From the funds appropriated in part 1 for health policy
administration, the department shall allocate the federal state innovation model grant
funding that supports implementation of the health delivery system innovations
detailed in this state's "Reinventing Michigan's Health Care System: Blueprint for
Health Innovation" document. This initiative will test new payment methodologies,
support improved population health outcomes, and support improved infrastructure for
technology and data sharing and reporting. The funds will be used to provide financial
support directly to regions participating in the model test and to support statewide
stakeholder guidance and technical support.
(2) Outcomes and performance measures for the initiative under subsection (1)
include, but are not limited to, the following:
(a) Increasing the number of physician practices fulfilling patient-centered
medical home functions.
(b) Reducing inappropriate health utilization, specifically reducing preventable
emergency department visits, reducing the proportion of hospitalizations for
ambulatory sensitive conditions, and reducing this state's 30-day hospital readmission
rate.
(3) By March 1 and September 1 of the current fiscal year, the department shall
submit a written report to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the state budget office
on the status of the program and progress made since the prior report.
Sec. 8-1145. The department will take steps necessary to work with Indian Health
Service, Tribal or Urban Indian Health Program facilities that provide services under
a contract with a Medicaid managed care entity to ensure that those facilities receive
the maximum amount allowable under federal law for Medicaid services.
Sec. 8-1146. From the funds appropriated in part 1 for bone marrow transplant
registry, $250,000.00 shall be allocated to Michigan Blood, 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.
DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY
Sec. 8-1180. From the funds appropriated in part 1 for epidemiology
administration and for childhood lead program, the department shall re-establish a
public health drinking water unit and enhance current efforts to monitor child blood
lead levels. The investment shall ensure that appropriate investigations of potential
health hazards occur for all community and non-community drinking water supplies where
chemical exceedances of action levels, health advisory, and maximum contaminant limits
are identified. The investment will also improve the timeliness and quality of care
provided to children with lead exposure, leading to a long-term reduction in the
percentage of Michigan children with elevated blood lead levels.
Sec. 8-1181. From the funds appropriated in Part 1 for epidemiology
administration, the department shall establish and maintain a vapor intrusion response
unit. This unit is expected to assess risks to public health at 200 vapor intrusion
sites each year, and to respond to those risks where appropriate. The purpose of the
unit is to reduce the number of Michigan residents exposed to toxic substances through
vapor intrusion and to improve health outcomes for those that are identified as having
been exposed to vapor intrusion.
Sec. 8-1182. (1) From the funds appropriated in part 1 for the healthy homes
program, no less than $25,200,000.00 shall be allocated for lead abatement of homes.
(2) By January 1 of the current fiscal year, the department shall provide a
report to the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the state budget office on the expenditures
and activities undertaken by the lead abatement program in the previous fiscal year
from the funds appropriated in part 1 for the healthy homes program. The report shall
include, but is not limited to, a funding allocation schedule, expenditures by
category of expenditure and by subcontractor, revenues received, description of
program elements, and description of program accomplishments and progress.
LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Sec. 8-1220. The amount appropriated in part 1 for implementation of the 1993
additions of or amendments to sections 9161, 16221, 16226, 17014, 17015, and 17515 of
the public health code, 1978 PA 368, MCL 333.9161, 333.16221, 333.16226, 333.17014,
333.17015, and 333.17515, shall be used to reimburse local health departments for
costs incurred related to implementation of section 17015(18) of the public health
code, 1978 PA 368, MCL 333.17015.
Sec. 8-1221. If a county that has participated in a district health department or
an associated arrangement with other local health departments takes action to cease to
participate in such an arrangement after October 1 of the current fiscal year, the
department shall have the authority to assess a penalty from the local health
department's operational accounts in an amount equal to no more than 6.25% of the
local health department's essential local public health services funding. This penalty
shall only be assessed to the local county that requests the dissolution of the health
department.
Sec. 8-1222. (1) Funds appropriated in part 1 for essential local public health
services shall be prospectively allocated to local health departments to support
immunizations, infectious disease control, sexually transmitted disease control and
prevention, hearing screening, vision services, food protection, public water supply,
private groundwater supply, and on-site sewage management. Food protection shall be
provided in consultation with the department of agriculture and rural development.
Public water supply, private groundwater supply, and on-site sewage management shall
be provided in consultation with the department of environmental quality.
(2) Local public health departments shall be held to contractual standards for
the services in subsection (1).
(3) Distributions in subsection (1) shall be made only to counties that maintain
local spending in the current fiscal year of at least the amount expended in fiscal
year 1992-1993 for the services described in subsection (1).
(4) By December 1 of the current fiscal year, the department shall provide a
report to the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the state budget director on the planned
allocation of the funds appropriated for essential local public health services.
Sec. 8-1223. (1) From the funds appropriated in part 1 for dental programs,
$150,000.00 shall be allocated to the Michigan Dental Association for the
administration of a volunteer dental program that provides dental services to the
uninsured.
(2) Not later than December 1 of the current fiscal year, the department shall
report to the senate and house appropriations subcommittees on the department budget,
the senate and house standing committees on health policy, the senate and house fiscal
agencies, and the state budget office the number of individual patients treated,
number of procedures performed, and approximate total market value of those procedures
from the immediately preceding fiscal year.
Sec. 8-1224. The department shall use revenue from mobile dentistry facility
permit fees received under section 21605 of the public health code, 1978 PA 368, MCL
333.21605, to offset the cost of the permit program.
Sec. 8-1226. From the funds appropriated in part 1 for health and wellness
initiatives, $1,000,000.00 shall be allocated for a school children's healthy exercise
program to promote and advance physical health for school children in kindergarten
through grade 8. The department shall recommend model programs for sites to implement
that incorporate evidence-based best practices. The department shall establish
guidelines for program sites, which may include schools, community-based
organizations, private facilities, recreation centers, or other similar sites. The
program format shall encourage local determination of site activities and shall
encourage local inclusion of youth in the decision-making regarding site activities.
Program goals shall include children experiencing improved physical health and access
to physical activity opportunities, the reduction of obesity, providing a safe place
to play and exercise, and nutrition education. To be eligible to participate, program
sites shall provide a 20% match to the state funding, which may be provided in full,
or in part, by a corporation, foundation, or private partner. The department shall
seek financial support from corporate, foundation, or other private partners for the
program or for individual program sites.
Sec. 8-1227. The department shall establish criteria for all funds allocated
under part 1 for health and wellness initiatives. The criteria must include a
requirement that all programs funded be evidence-based and supported by research,
include interventions that have been shown to demonstrate outcomes that lower cost and
improve quality, and be designed for statewide impact. Preference must be given to
programs that utilize the funding as match for additional resources including, but not
limited to, federal sources.
FAMILY, MATERNAL, AND CHILD HEALTH
Sec. 8-1302. Each family planning program receiving federal title X family
planning funds under 42 USC 300 to 300a-8 shall be in compliance with all performance
and quality assurance indicators that the office of population affairs within the
United States Department of Health and Human Services specifies in the program
guidelines for project grants for family planning services. An agency not in
compliance with the indicators shall not receive supplemental or reallocated funds.
Sec. 8-1303. 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. 8-1304. The department shall not use state restricted funds or state general
funds appropriated in part 1 in the pregnancy prevention program or family planning
local agreements appropriation line items for abortion counseling, referrals, or
services.
Sec. 8-1308. From the funds appropriated in part 1 for prenatal care outreach and
service delivery support, not less than $500,000.00 of funding shall be allocated for
evidence-based programs to reduce infant mortality including nurse family partnership
programs. The funds shall be used for enhanced support and education to nursing teams
or other teams of qualified health professionals, client recruitment in areas
designated as underserved for obstetrical and gynecological services and other high-
need communities, strategic planning to expand and sustain programs, and marketing and
communications of programs to raise awareness, engage stakeholders, and recruit
nurses.
Sec. 8-1309. The department shall allocate funds appropriated in section 117 of
part 1 for family, maternal, and child health according to section 1 of 2002 PA 360,
MCL 333.1091.
Sec. 8-1310. The department shall continue to work jointly with the Michigan
state housing development authority and the joint task force established under article
IV of 2014 PA 252 to review housing rehabilitation, energy and weatherization, and
hazard abatement program policies and to make recommendations for integrating and
coordinating project delivery with the goals of serving more families and achieving
better outcomes by maximizing state and federal resources. The joint task force may
provide recommendations to the department. Recommendations of the joint task force
must give consideration to best practices and cost effectiveness.
Sec. 8-1313. (1) The department shall continue developing an outreach program on
fetal alcohol syndrome services, targeting health promotion, prevention, and
intervention as described in the Michigan fetal alcohol spectrum disorders 5-year plan
2015-2020.
(2) The department shall explore federal grant funding to address prevention
services for fetal alcohol syndrome and reduce alcohol consumption among pregnant
women.
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Sec. 8-1360. The department may do 1 or more of the following:
(a) Provide special formula for eligible clients with specified metabolic and
allergic disorders.
(b) Provide medical care and treatment to eligible patients with cystic fibrosis
who are 21 years of age or older.
(c) Provide medical care and treatment to eligible patients with hereditary
coagulation defects, commonly known as hemophilia, who are 21 years of age or older.
(d) Provide human growth hormone to eligible patients.
Sec. 8-1361. From the funds appropriated in part 1 for medical care and
treatment, the department is authorized to spend those funds for the continued
development and expansion of telemedicine capacity to allow families with children in
the children's special health care services program to access specialty providers more
readily and in a more timely manner.
AGING AND ADULT SERVICES AGENCY
Sec. 8-1402. The department may encourage the Food Bank Council of Michigan to
collaborate directly with each area agency on aging and any other organizations that
provide senior nutrition services to secure the food access of vulnerable seniors.
Sec. 8-1403. (1) By February 1 of the current fiscal year, the aging and adult
services agency shall require each region to report to the aging and adult services
agency and to the legislature home-delivered meals waiting lists based upon standard
criteria. Determining criteria shall include all of the following:
(a) The recipient's degree of frailty.
(b) The recipient's inability to prepare his or her own meals safely.
(c) Whether the recipient has another care provider available.
(d) Any other qualifications normally necessary for the recipient to receive
home-delivered meals.
(2) Data required in subsection (1) shall be recorded only for individuals who
have applied for participation in the home-delivered meals program and who are
initially determined as likely to be eligible for home-delivered meals.
Sec. 8-1417. The department shall provide to the senate and house appropriations
subcommittees on the department budget, senate and house fiscal agencies, and state
budget director a report by March 30 of the current fiscal year that contains all of
the following:
(a) The total allocation of state resources made to each area agency on aging by
individual program and administration.
(b) Detail expenditure by each area agency on aging by individual program and
administration including both state-funded resources and locally-funded resources.
Sec. 8-1421. From the funds appropriated in part 1 for community services,
$1,100,000.00 shall be allocated to area agencies on aging for locally determined
needs.
Sec. 8-1422. (1) From the funds appropriated in part 1 for aging and adult
services administration, not less than $300,000.00 shall be allocated for the
department to contract with the Prosecuting Attorneys Association of Michigan to
provide the support and services necessary to increase the capability of the state's
prosecutors, adult protective service system, and criminal justice system to
effectively identify, investigate, and prosecute elder abuse and financial
exploitation.
(2) By March 1 of the current fiscal year, the Prosecuting Attorneys Association
of Michigan shall provide a report on the efficacy of the contract to the state budget
office, the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the house and senate policy offices.
Sec. 8-1425. The department shall coordinate with the department of licensing and
regulatory affairs to ensure that, upon receipt of the order of suspension of a
licensed adult foster care home, home for the aged, or nursing home, the department of
licensing and regulatory affairs shall provide notice to the department and to the
house and senate appropriations subcommittees on the department budget.
MEDICAL SERVICES ADMINISTRATION
Sec. 8-1501. The unexpended funds appropriated in part 1 for the electronic
health records incentive program are considered work project appropriations, and any
unencumbered or unallotted funds are carried forward into the following fiscal year.
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 to be carried forward is to implement the Medicaid
electronic health record program that provides financial incentive payments to
Medicaid health care providers to encourage the adoption and meaningful use of
electronic health records to improve quality, increase efficiency, and promote safety.
(b) The projects will be accomplished according to the approved federal advanced
planning document.
(c) The estimated cost of this project phase is identified in the appropriation
line item.
(d) The tentative completion date for the work project is September 30, 2021.
Sec. 8-1505. By March 1 and September 1 of the current fiscal year, the
department shall submit a report to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, and the state budget
office including both of the following:
(a) The department's projected annual increase in reimbursement savings and cost
offsets that will result from the funds appropriated in part 1 for the office of
inspector general and third party liability efforts.
(b) The actual increase in reimbursement savings and cost offsets that have
resulted from the funds appropriated in part 1 for the office of inspector general and
third party liability efforts.
Sec. 8-1506. The department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office a quarterly report on the
implementation status of the public assistance call center that includes all of the
following information:
(a) Call volume during the prior quarter.
(b) Percentage of calls resolved through the public assistance call center.
(c) Percentage of calls transferred to a local department office or other office
for resolution.
(d) Number of Medicaid applications completed by the public assistance call
center staff and submitted on behalf of clients.
Sec. 8-1507. (1) From the funds appropriated in part 1 for technology supporting
integrated service delivery, the department shall establish new information technology
tools and enhance existing systems to improve the eligibility and enrollment process
for citizens accessing department administered programs. This information technology
system will consolidate beneficiary information, support department caseworker efforts
in building a success plan for beneficiaries, and better support department staff in
supporting enrollees in assistance programs.
(2) Outcomes and performance measures for the initiative under subsection (1)
include, but are not limited to, the following:
(a) Successful consolidation of data warehouses maintained by the department.
(b) The amount of time a department caseworker devotes to data entry when
initiating an enrollee application.
(c) A reduction in wait times for persons enrolled in assistance programs to
speak with department staff and get necessary changes made.
(d) A reduction in department caseworker workload.
MEDICAL SERVICES
Sec. 8-1601. The cost of remedial services incurred by residents of licensed
adult foster care homes and licensed homes for the aged shall be used in determining
financial eligibility for the medically needy. Remedial services include basic self-
care and rehabilitation training for a resident.
Sec. 8-1603. (1) The department may establish a program for individuals to
purchase medical coverage at a rate determined by the department.
(2) The department may receive and expend premiums for the buy-in of medical
coverage in addition to the amounts appropriated in part 1.
(3) The premiums described in this section shall be classified as private funds.
Sec. 8-1605. The protected income level for Medicaid coverage determined pursuant
to section 106(1)(b)(iii) of the social welfare act, 1939 PA 280, MCL 400.106, shall
be 100% of the related public assistance standard.
Sec. 8-1606. For the purpose of guardian and conservator charges, the department
may deduct up to $83.00 per month as an allowable expense against a recipient's income
when determining medical services eligibility and patient pay amounts.
Sec. 8-1607. (1) An applicant for Medicaid, whose qualifying condition is
pregnancy, shall immediately be presumed to be eligible for Medicaid coverage unless
the preponderance of evidence in her application indicates otherwise. The applicant
who is qualified as described in this subsection shall be allowed to select or remain
with the Medicaid participating obstetrician of her choice.
(2) An applicant qualified as described in subsection (1) shall be given a letter
of authorization to receive Medicaid covered services related to her pregnancy. All
qualifying applicants shall be entitled to receive all medically necessary obstetrical
and prenatal care without preauthorization from a health plan. All claims submitted
for payment for obstetrical and prenatal care shall be paid at the Medicaid fee-for-
service rate in the event a contract does not exist between the Medicaid participating
obstetrical or prenatal care provider and the managed care plan. The applicant shall
receive a listing of Medicaid physicians and managed care plans in the immediate
vicinity of the applicant's residence.
(3) In the event that an applicant, presumed to be eligible pursuant to
subsection (1), is subsequently found to be ineligible, a Medicaid physician or
managed care plan that has been providing pregnancy services to an applicant under
this section is entitled to reimbursement for those services until such time as they
are notified by the department that the applicant was found to be ineligible for
Medicaid.
(4) If the preponderance of evidence in an application indicates that the
applicant is not eligible for Medicaid, the department shall refer that applicant to
the nearest public health clinic or similar entity as a potential source for receiving
pregnancy-related services.
(5) The department shall develop an enrollment process for pregnant women covered
under this section that facilitates the selection of a managed care plan at the time
of application.
(6) The department shall mandate enrollment of women, whose qualifying condition
is pregnancy, into Medicaid managed care plans.
(7) The department shall encourage physicians to provide women, whose qualifying
condition for Medicaid is pregnancy, with a referral to a Medicaid participating
dentist at the first pregnancy-related appointment.
Sec. 8-1611. (1) For care provided to medical services recipients with other
third-party sources of payment, medical services reimbursement shall not exceed, in
combination with such other resources, including Medicare, those amounts established
for medical services-only patients. The medical services payment rate shall be
accepted as payment in full. Other than an approved medical services co-payment, no
portion of a provider's charge shall be billed to the recipient or any person acting
on behalf of the recipient. Nothing in this section shall be considered to affect the
level of payment from a third-party source other than the medical services program.
The department shall require a nonenrolled provider to accept medical services
payments as payment in full.
(2) Notwithstanding subsection (1), medical services reimbursement for hospital
services provided to dual Medicare/medical services recipients with Medicare part B
coverage only shall equal, when combined with payments for Medicare and other third-
party resources, if any, those amounts established for medical services-only patients,
including capital payments.
Sec. 8-1620. (1) According to the federal covered outpatient drug final rule with
comment (CMS-2345-FC), the department shall establish a professional pharmaceutical
dispensing fee for pharmacy benefits that are reimbursed on a fee-for-service basis.
In establishing this fee, the department shall comply with federal law while taking
into consideration the state's long-term financial exposure and Medicaid
beneficiaries' access to care. The established fee shall not be lower than the amount
in effect on October 1, 2015.
(2) The department shall require a prescription co-payment for Medicaid
recipients not enrolled in the Healthy Michigan plan or with an income less than 100%
of the federal poverty level of $1.00 for a generic drug and $3.00 for a brand-name
drug, except as prohibited by federal or state law or regulation.
(3) The department shall require a prescription co-payment for Medicaid
recipients enrolled in the Healthy Michigan plan with an income of at least 100% of
the federal poverty level of $4.00 for a generic drug and $8.00 for a brand-name drug,
except as prohibited by federal or state law or regulation.
Sec. 8-1629. The department shall utilize maximum allowable cost pricing for
generic drugs that is based on wholesaler pricing to providers that is available from
at least 2 wholesalers who deliver in this state.
Sec. 8-1631. (1) The department shall require co-payments on dental, podiatric,
and vision services provided to Medicaid recipients, except as prohibited by federal
or state law or regulation.
(2) Except as otherwise prohibited by federal or state law or regulation, the
department shall require Medicaid recipients not enrolled in the Healthy Michigan plan
or with an income less than 100% of the federal poverty level to pay not less than the
following co-payments:
(a) Two dollars for a physician office visit.
(b) Three dollars for a hospital emergency room visit.
(c) Fifty dollars for the first day of an inpatient hospital stay.
(d) One dollar for an outpatient hospital visit.
(3) Except as otherwise prohibited by federal or state law or regulation, the
department shall require Medicaid recipients enrolled in the Healthy Michigan plan
with an income of at least 100% of the federal poverty level to pay the following co-
payments:
(a) Four dollars for a physician office visit.
(b) Eight dollars for a hospital emergency room visit.
(c) One hundred dollars for the first day of an inpatient hospital stay.
(d) Four dollars for an outpatient hospital visit or any other medical provider
visit to the extent allowed by federal or state law or regulation.
Sec. 8-1641. An institutional provider that is required to submit a cost report
under the medical services program shall submit cost reports completed in full within
5 months after the end of its fiscal year.
Sec. 8-1646. From the funds appropriated in part 1 for long-term care services,
the department shall implement a nursing facility quality initiative. The initiative
will be financed through an increase of the nursing facility quality assurance
assessment, and will provide quality incentive payments intended to reward and support
improvement in outcomes for nursing facility patients and residents.
Sec. 8-1657. (1) Reimbursement for medical services to screen and stabilize a
Medicaid recipient, including stabilization of a psychiatric crisis, in a hospital
emergency room shall not be made contingent on obtaining prior authorization from the
recipient's HMO. If the recipient is discharged from the emergency room, the hospital
shall notify the recipient's HMO within 24 hours of the diagnosis and treatment
received.
(2) If the treating hospital determines that the recipient will require further
medical service or hospitalization beyond the point of stabilization, that hospital
shall receive authorization from the recipient's HMO prior to admitting the recipient.
(3) Subsections (1) and (2) do not require an alteration to an existing agreement
between an HMO and its contracting hospitals and do not require an HMO to reimburse
for services that are not considered to be medically necessary.
Sec. 8-1659. The following sections of this part are the only ones that shall
apply to the following Medicaid managed care programs, including the comprehensive
plan, MIChoice long-term care plan, and the mental health, substance use disorder, and
developmentally disabled services program: 904, 918, 920, 942, 1003, 1004, 1008, 1607,
1657, 1662, 1699, 1764, 1809, 1810, 1882, and 1888.
Sec. 8-1662. (1) The department shall ensure that an external quality review of
each contracting HMO is performed that results in an analysis and evaluation of
aggregated information on quality, timeliness, and access to health care services that
the HMO or its contractors furnish to Medicaid beneficiaries.
(2) The department shall require Medicaid HMOs to provide EPSDT utilization data
through the encounter data system, and HEDIS well child health measures in accordance
with the National Committee for Quality Assurance prescribed methodology.
(3) The department shall provide a copy of the analysis of the Medicaid HMO
annual audited HEDIS reports and the annual external quality review report to the
senate and house of representatives appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the state budget director, within 30
days of the department's receipt of the final reports from the contractors.
Sec. 8-1670. (1) The appropriation in part 1 for the MIChild program is to be
used to provide comprehensive health care to all children under age 19 who reside in
families with income at or below 212% of the federal poverty level, who are uninsured
and have not had coverage by other comprehensive health insurance within 6 months of
making application for MIChild benefits, and who are residents of this state. The
department shall develop detailed eligibility criteria through the medical services
administration public concurrence process, consistent with the provisions of this part
and part 1.
(2) The department may provide up to 1 year of continuous eligibility to children
eligible for the MIChild program unless the family fails to pay the monthly premium, a
child reaches age 19, or the status of the children's family changes and its members
no longer meet the eligibility criteria as specified in the state plan.
(3) The department may make payments on behalf of children enrolled in the
MIChild program as described in the MIChild state plan approved by the United States
Department of Health and Human Services, or from other medical services.
Sec. 8-1673. The department may establish premiums for MIChild eligible
individuals in families with income at or below 212% of the federal poverty level. The
monthly premiums shall be $10.00 per month.
Sec. 8-1677. The MIChild program shall provide, at a minimum, all benefits
available under the Michigan benchmark plan that are delivered through contracted
providers and consistent with federal law, including, but not limited to, the
following medically necessary services:
(a) Inpatient mental health services, other than substance use disorder treatment
services, including services furnished in a state-operated mental hospital and
residential or other 24-hour therapeutically planned structured services.
(b) Outpatient mental health services, other than substance use disorder
services, including services furnished in a state-operated mental hospital and
community-based services.
(c) Durable medical equipment and prosthetic and orthotic devices.
(d) Dental services as outlined in the approved MIChild state plan.
(e) Substance use disorder treatment services that may include inpatient,
outpatient, and residential substance use disorder treatment services.
(f) Care management services for mental health diagnoses.
(g) Physical therapy, occupational therapy, and services for individuals with
speech, hearing and language disorders.
(h) Emergency ambulance services.
Sec. 8-1682. (1) In addition to the appropriations in part 1, the department is
authorized to receive and spend penalty money received as the result of noncompliance
with medical services certification regulations. Penalty money, characterized as
private funds, received by the department shall increase authorizations and allotments
in the long-term care accounts.
(2) Any unexpended penalty money, at the end of the year, shall carry forward to
the following year.
Sec. 8-1692. (1) The department is authorized to pursue reimbursement for
eligible services provided in Michigan schools from the federal Medicaid program. The
department and the state budget director are authorized to negotiate and enter into
agreements, together with the department of education, with local and intermediate
school districts regarding the sharing of federal Medicaid services funds received for
these services. The department is authorized to receive and disburse funds to
participating school districts pursuant to such agreements and state and federal law.
(2) From the funds appropriated in part 1 for medical services school-based
services payments, the department is authorized to do all of the following:
(a) Finance activities within the medical services administration related to this
project.
(b) Reimburse participating school districts pursuant to the fund-sharing ratios
negotiated in the state-local agreements authorized in subsection (1).
(c) Offset general fund costs associated with the medical services program.
Sec. 8-1693. The special Medicaid reimbursement appropriation in part 1 may be
increased if the department submits a medical services state plan amendment pertaining
to this line item at a level higher than the appropriation. The department is
authorized to appropriately adjust financing sources in accordance with the increased
appropriation.
Sec. 8-1694. From the funds appropriated in part 1 for special Medicaid
reimbursement, $386,700.00 of general fund/general purpose revenue and any associated
federal match shall be distributed for poison control services to an academic health
care system that includes a children's hospital that has a high indigent care volume.
Sec. 8-1699. (1) The department may make separate payments in the amount of
$45,000,000.00 directly to qualifying hospitals serving a disproportionate share of
indigent patients and to hospitals providing GME training programs. If direct payment
for GME and DSH is made to qualifying hospitals for services to Medicaid recipients,
hospitals shall not include GME costs or DSH payments in their contracts with HMOs.
(2) The department shall allocate $45,000,000.00 in DSH funding using the
distribution methodology used in fiscal year 2003-2004.
Sec. 8-1700. (1) By December 1 of the current fiscal year, the department shall
report to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget office on the distribution
of funding provided, and the net benefit if the special hospital payment is not
financed with general fund/general purpose revenue, to each eligible hospital during
the previous fiscal year from the following special hospital payments:
(a) DSH, separated out by unique DSH pool.
(b) GME.
(c) Special rural hospital payments provided under section 1866.
(d) Lump-sum payments to rural hospitals for obstetrical care provided under
section 1802.
(2) By May 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 projected distribution of
funding, and the projected net benefit if the special hospital payment is not financed
with general fund/general purpose revenue, to each eligible hospital from the
following special hospital payments:
(a) DSH, separated out by unique DSH pool.
(b) GME.
(c) Special rural hospital payments provided under section 1866.
(d) Lump-sum payments to rural hospitals for obstetrical care provided under
section 1802.
Sec. 8-1702. From the funds appropriated in part 1, the department shall maintain
the 15% rate increase provided during fiscal year 2017 for private duty nursing
services for Medicaid beneficiaries under the age of 21. These additional funds must
be used to attract and retain highly qualified registered nurses and licensed
practical nurses to provide private duty nursing services so that medically frail
children can be cared for in the most homelike setting possible.
Sec. 8-1764. The department shall annually certify whether rates paid to Medicaid
health plans and specialty PIHPs are actuarially sound in accordance with federal
requirements and shall provide a copy of the rate certification and approval of rates
paid to Medicaid health plans and specialty PIHPs within 5 business days after
certification or approval to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the state budget office.
When calculating the annual actuarial soundness adjustment, the department shall take
into account all Medicaid policy bulletins affecting Medicaid health plans or
specialty PIHPs issued after the most recent actuarial soundness process concluded.
Sec. 8-1775. The department shall ensure the existence of an ombudsman program
that is not associated with any project service manager or provider to assist MI
Health Link beneficiaries with navigating complaint and dispute resolution mechanisms
and to identify problems in the demonstrations and in the complaint and dispute
resolution mechanisms.
Sec. 8-1800. The department shall distribute the $85,000,000 Medicaid value
disproportionate share hospital payment pool based on metrics utilized to determine
value.
Sec. 8-1801. From the funds appropriated in part 1 for physician services and
health plan services, the department shall continue the increase to Medicaid rates for
primary care services provided only by primary care providers. For the purpose of this
section, a primary care provider is a physician, or a practitioner working under the
personal supervision of a physician, who is board-eligible or certified with a
specialty designation of family medicine, general internal medicine, or pediatric
medicine, or a provider who provides the department with documentation of equivalency.
Providers performing a service and whose primary practice is as a non-primary-care
subspecialty is not eligible for the increase. The department shall establish policies
that most effectively limit the increase to primary care providers for primary care
services only.
Sec. 8-1802. From the funds appropriated in part 1, a lump-sum payment shall be
made to hospitals that qualified for rural hospital access payments in fiscal year
2013-2014 and that provide obstetrical care in the current fiscal year. The payment
shall be calculated as $830.00 for each obstetrical care case payment and each newborn
care case payment for all such cases billed by the qualified hospitals for fiscal year
2012-2013 and shall be paid through the Medicaid health plan hospital rate adjustment
process by January 1 of the current fiscal year.
Sec. 8-1804. The department, in cooperation with the department of military and
veterans affairs, shall work with the federal public assistance reporting information
system to identify Medicaid recipients who are veterans and who may be eligible for
federal veterans health care benefits or other benefits.
Sec. 8-1805. Hospitals receiving medical services payments for graduate medical
education shall submit fully completed quality data to a nonprofit organization with
extensive experience in collecting and reporting hospital quality data on a public
website. The reporting must utilize consensus-based nationally endorsed standards that
meet National Quality Forum-endorsed safe practices. The organization collecting the
data must be an organization that uses severity-adjusted risk models and measures that
will help patients and payers identify hospital campuses likely to have superior
outcomes. The public website shall provide information to allow consumers to compare
safe practices by hospital campus, including, but not limited to, perinatal care,
hospital-acquired infection, and serious reportable events. Hospitals receiving
medical services payments for graduate medical education shall also make their fully
completed quality data available on the hospital's website. The department shall
withhold 25% of a hospital's graduate medical education payment if the hospital does
not submit the data to a qualifying nonprofit organization described in this section
by January 1 of the current fiscal year.
Sec. 8-1809. The department shall establish separate contract performance
standards for Medicaid health plans that adhere to the requirements of section 105d of
the social welfare act, 1939 PA 280, MCL 400.105d, associated with the 0.75% and 0.25%
capitation withhold. The determination of the performance of the 0.75% capitation
withhold is at the discretion of the department but must include recognized concepts
such as 1-year continuous enrollment and the HEDIS audited data. The determination of
the performance of the 0.25% capitation withhold is at the discretion of the
department but must include the utilization of high-value services and discouraging
the utilization of low-value services.
Sec. 8-1810. The department shall enhance encounter data reporting processes and
develop rules that would make each health plan's encounter data as complete as
possible, provide a fair measure of acuity for each health plan's enrolled population
for risk adjustment purposes, capitation rate setting, diagnosis-related group rate
setting, and research and analysis of program efficiencies while minimizing health
plan administrative expense.
Sec. 8-1812. By June 1 of the current fiscal year, and using the most recent
available cost reports, the department shall complete a report of all direct and
indirect costs associated with residency training programs for each hospital that
receives funds appropriated in part 1 for graduate medical education. The report shall
be submitted to the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, and the state budget office.
Sec. 8-1837. The department shall continue, and expand where appropriate,
utilization of telemedicine and telepsychiatry as strategies to increase access to
services for Medicaid recipients in medically underserved areas.
Sec. 8-1846. From the funds appropriated in part 1 for graduate medical
education, the department shall distribute the funds with an emphasis on the following
health care workforce goals:
(a) The encouragement of the training of physicians in specialties, including
primary care, that are necessary to meet the future needs of residents of this state.
(b) The training of physicians in settings that include ambulatory sites and
rural locations.
Sec. 8-1861. From the funds appropriated in part 1 for transportation services,
the department shall increase the number of counties where a contracted broker
administers the Medicaid non-emergency transportation benefit. The purpose of this
expansion is to improve enrollee access to care, reduce the number of missed physician
appointments by Medicaid enrollees, and reduce time spent by caseworkers facilitating
non-emergency transportation for Medicaid enrollees. Performance goals include a 20%
increase in broker-administered trips, a reduction in the rate of trips reported as
missed to no more than 0.5%, and the successful collection of data on program
utilization, access, and beneficiary satisfaction.
Sec. 8-1866. (1) From the funds appropriated in part 1 for hospital services and
therapy and health plan services, $12,000,000.00 in general fund/general purpose
revenue and any associated federal match shall be awarded to hospitals that meet
criteria established by the department for services to low-income rural residents. One
of the reimbursement components of the distribution formula shall be assistance with
labor and delivery services.
(2) No hospital or hospital system shall receive more than 10.0% of the total
funding referenced in subsection (1).
(3) To allow hospitals to understand their rural payment amounts under this
section, the department shall provide hospitals with the methodology for distribution
under this section and provide each hospital with its applicable data that are used to
determine the payment amounts by August 1 of the current fiscal year. The department
shall publish the distribution of payments for the current fiscal year and the
immediately preceding fiscal year.
Sec. 8-1873. From the funds appropriated in part 1 for long-term care services,
the department may allocate up to $3,700,000.00 for the purpose of outreach and
education to nursing home residents and the coordination of housing in order to move
out of the facility. In addition, any funds appropriated shall be used for other
quality improvement activities of the program. The department shall consider working
with the Area Agencies on Aging Association of Michigan, the non-Area Agencies on
Aging waivers, and the Disability Network/Michigan to develop a plan for the ongoing
sustainability of the nursing facility transition initiative.
Sec. 8-1874. The department shall ensure, in counties where program of all-
inclusive care for the elderly or PACE services are available, that the program of
all-inclusive care for the elderly (PACE) is included as an option in all options
counseling and enrollment brokering for aging services and managed care programs,
including, but not limited to, Area Agencies on Aging, centers for independent living,
and the MiChoice home and community-based waiver. Such options counseling must include
approved marketing and discussion materials.
Sec. 8-1878. Not later than March 1 of the current fiscal year, the department
shall provide a report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office on hepatitis C tracking data. At a minimum, the
report shall include information on the following for individuals treated with Harvoni
or any other treatment used to cure hepatitis C during the current fiscal year or a
previous fiscal year:
(a) The total number of people treated broken down by those treated through
traditional Medicaid and those treated through the Healthy Michigan plan.
(b) The total cost of treatment.
(c) The total cost of treatment broken down by those treated through traditional
Medicaid and those treated through the Healthy Michigan plan.
(d) The total amount of any rebates that were received from the purchase of
hepatitis C specialty pharmaceuticals.
(e) Outstanding rebates that the department is expecting to receive.
(f) The cure rate broken down by Metavir Score, genotype, Medicaid match rate,
and drug used during treatment.
(g) The reinfection rate broken down by Metavir Score, genotype, Medicaid match
rate, and drug used during treatment.
Sec. 8-1882. By December 31, 2016, 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, documentation of the expenses incurred
during the immediate preceding fiscal year by Medicaid health plans and PIHPs for the
purpose of meeting the contractual requirements to join the Michigan Health
Information Network Shared Services and incentivizing providers to become members of
the Health Information Exchange Qualified Organization. The report should also include
an estimation of the expenses to be incurred in the current fiscal year by Medicaid
health plans and PIHPs for the same purpose of meeting their contractual obligations.
Sec. 8-1888. The department shall establish contract performance standards
associated with the capitation withhold provisions for Medicaid health plans in
advance of the implementation of those standards. The determination of whether
performance standards have been met shall be based primarily on recognized concepts
such as 1-year continuous enrollment and the healthcare effectiveness data and
information set, HEDIS, audited data.
Sec. 8-1899. The funds appropriated in part 1 for hospice services 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 qualifying hospice residences must have been enrolled with Medicaid
by October 1, 2014.
INFORMATION TECHNOLOGY
Sec. 8-1901. (1) By December 1 of the current fiscal year, the department shall
report to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, the senate and house policy offices, and the
state budget office all of the following information:
(a) The process used to define requests for proposals for each expansion of
information technology projects, including timelines, project milestones, and intended
outcomes.
(b) If the department decides not to contract the services out to design and
implement each element of the information technology expansion, the department shall
submit its own project plan, which 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.
(2) Once an award for an expansion of information technology is made, the
department shall report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office a projected cost of the expansion broken down by
use and type of expense.
Sec. 8-1903. From the funds appropriated in part 1 for the Michigan Medicaid
information system (MMIS) line item, private revenue may be received from and
allocated for other states interested in participating as part of the broader MMIS
initiative. By March 1 of the current fiscal year, the department shall provide a
report on the use of MMIS by other states for the previous fiscal year, including a
list of states, type of use, and revenue and expenditures related to the agreements
with the other states to use the MMIS. The report shall be provided to the house and
senate appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget office.
Sec. 8-1904. 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 an implementation plan regarding the appropriation in part 1 to
implement the MiSACWIS. The plan shall include, but not be limited to, efforts to
bring the system in compliance with the settlement and other federal guidelines set
forth by the United States Department of Health and Human Services Administration for
Children and Families.
ONE-TIME APPROPRIATIONS
Sec. 8-1905. From the funds appropriated in part 1 for the drinking water
declaration of emergency, the department shall allocate funds to address needs in a
city in which a declaration of emergency was issued because of drinking water
contamination. These funds may support, but are not limited to, the following
activities:
(a) Nutrition assistance, nutritional and community education, food bank
resources, and food inspections.
(b) Epidemiological analysis and case management of individuals at risk of
elevated blood lead levels.
(c) Support for child and adolescent health centers, children's healthcare access
program, and pathways to potential programming.
(d) Nursing services, breastfeeding education efforts, evidence-based home
visiting programs, intensive services, and outreach for children exposed to lead
coordinated through local community mental health organizations.
(e) Department field operations costs.
(f) Lead poisoning surveillance, treatment, and abatement.
Sec. 8-1906. (1) From the funds appropriated in part 1 for university autism
programs, the department shall continue a grant process for autism programs. These
grants are intended to increase the number of applied behavioral analysts, increase
the number of autism diagnostic services provided, or increase employment of
individuals who are diagnosed with autism spectrum disorder.
(2) As a condition of accepting the grants described in subsection (1), each
university shall track and report back to the department where the individuals who
have completed the applied behavioral analysis training are initially employed and the
location of the initial employment.
(3) Outcomes and performance measures related to this initiative include, but are
not limited to, the following:
(a) An increase in applied behavioral analysts certified from university autism
programs.
(b) The number of autism diagnostic services provided.
(c) The employment rate of employment program participants.
(d) The employment rate of applied behavioral analysts trained through the
university autism programs.
Article 9
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 9-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of insurance and financial services are
appropriated for the fiscal year ending September 30, 2018, and are anticipated to be
appropriated for the fiscal year ending September 30, 2019, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 336.5 336.5
GROSS APPROPRIATION...................................... $ 66,741,400 $ 66,741,400
Total interdepartmental grants and interdepartmental
transfers............................................... 707,600 707,600
ADJUSTED GROSS APPROPRIATION............................. $ 66,033,800 $ 66,033,800
Total federal revenues................................... 2,014,700 2,014,700
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues.................... 63,869,100 63,869,100
State general fund/general purpose....................... $ 150,000 $ 150,000
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 150,000 150,000
One-time state general fund/general purpose........... 0 0
Sec. 9-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 22.5 22.5
Unclassified salaries-6.0 FTE positions.................. $ 769,100 $ 769,100
Administrative hearings.................................. 182,500 182,500
Department services-19.0 FTE positions................... 3,752,200 3,752,200
Executive director programs-3.5 FTE positions............ 1,066,400 1,066,400
Property management...................................... 1,244,200 1,244,200
Worker's compensation.................................... 4,700 4,700
GROSS APPROPRIATION...................................... $ 7,019,100 $ 7,019,100
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 6,869,100 6,869,100
State general fund/general purpose....................... $ 150,000 $ 150,000
Sec. 9-103. INSURANCE AND FINANCIAL SERVICES REGULATION
Full-time equated classified positions.................. 314.0 314.0
Consumer services and protection-64.0 FTE positions...... $ 8,660,800 $ 8,660,800
Financial institutions evaluation-132.0 FTE positions.... 24,354,400 24,354,400
Insurance evaluation-118.0 FTE positions................. 24,480,500 24,480,500
GROSS APPROPRIATION...................................... $ 57,495,700 $ 57,495,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory
affairs................................................. 707,600 707,600
Federal revenues:
Other federal revenues................................... 2,014,700 2,014,700
Special revenue funds:
Other state restricted revenues.......................... 54,773,400 54,773,400
State general fund/general purpose....................... $ 0 $ 0
Sec. 9-104. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 2,226,600 $ 2,226,600
GROSS APPROPRIATION...................................... $ 2,226,600 $ 2,226,600
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 2,226,600 2,226,600
State general fund/general purpose....................... $ 0 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 9-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $64,019,100.00 and state spending from state resources to be paid to local units of
government for fiscal year 2018 is $0.00.
Sec. 9-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 9-203. As used in this article:
(a) "Department" means the department of insurance and financial services.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 9-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 9-205. 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. 9-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 9-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 9-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 9-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 9-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
Sec. 9-211. 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. 9-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 9-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 9-214. Total authorized appropriations from all sources in part 1 for legacy
costs for the fiscal year ending September 30, 2018 are estimated at $9,551,300.00.
From this amount, total agency appropriations for pension-related legacy costs are
estimated at $4,915,200.00. Total agency appropriations for retiree health care legacy
costs are estimated at $4,636,100.00.
Sec. 9-215. Unless prohibited by law, the department may accept credit card or
other electronic means of payment for licenses, fees, or permits.
INSURANCE AND FINANCIAL SERVICES REGULATION
Sec. 9-302. In addition to the funds appropriated in part 1, the funds collected
by the department in connection with a conservatorship under section 32 of the
mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1682, and
funds collected by the department from corporations being liquidated under the
insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, shall 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 shall not
lapse to the general fund at the end of the fiscal year.
Sec. 9-303. The department may make available to interested entities customized
listings of nonconfidential information in its possession. The department may
establish and collect a reasonable charge to provide this service. The revenue from
this service is appropriated when received and 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.
Article 10
JUDICIARY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 10-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the judiciary are appropriated for the fiscal year ending
September 30, 2018, and are anticipated to be appropriated for the fiscal year ending
September 30, 2019, from the funds indicated in this part. The following is a summary
of the appropriations and anticipated appropriations in this part:
JUDICIARY
APPROPRIATION SUMMARY
Full-time equated exempted positions.................... 501.0 490.0
GROSS APPROPRIATION...................................... $ 299,954,600 $ 298,904,600
Total interdepartmental grants and interdepartmental
transfers............................................... 1,550,600 1,550,600
ADJUSTED GROSS APPROPRIATION............................. $ 298,404,000 $ 297,354,000
Total federal revenues................................... 6,488,900 6,488,900
Total local revenues..................................... 6,000,000 6,000,000
Total private revenues................................... 971,000 971,000
Total other state restricted revenues.................... 92,539,000 92,539,000
State general fund/general purpose....................... $ 192,405,100 $ 191,355,100
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 191,355,100 191,355,100
One-time state general fund/general purpose........... 1,050,000 0
Sec. 10-102. SUPREME COURT
Full-time equated exempted positions.................... 248.0 248.0
Community dispute resolution-3.0 FTE positions........... $ 2,387,800 $ 2,387,800
Direct trial court automation support-44.0 FTE
positions............................................... 6,000,000 6,000,000
Drug treatment courts.................................... 11,833,000 11,833,000
Foster care review board-10.0 FTE positions.............. 1,325,000 1,325,000
Judicial information systems-22.0 FTE positions.......... 4,404,400 4,404,400
Judicial institute-13.0 FTE positions.................... 1,832,700 1,832,700
Mental health courts and diversion services-1.0 FTE
position................................................ 5,465,100 5,465,100
Next generation Michigan court system.................... 4,116,000 4,116,000
Other federal grants..................................... 275,100 275,100
State court administrative office-63.0 FTE positions..... 12,678,800 12,678,800
Supreme court administration-92.0 FTE positions.......... 13,872,900 13,872,900
Swift and sure sanctions program......................... 4,000,000 4,000,000
Veterans courts.......................................... 500,000 500,000
GROSS APPROPRIATION...................................... $ 68,690,800 $ 68,690,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections....................... 50,600 50,600
IDG from department of state police...................... 1,500,000 1,500,000
Federal revenues:
Other federal revenues................................... 6,421,600 6,421,600
Special revenue funds:
Local revenues........................................... 6,000,000 6,000,000
Private revenues......................................... 885,200 885,200
Other state restricted revenues.......................... 7,857,100 7,857,100
State general fund/general purpose....................... $ 45,976,300 $ 45,976,300
Sec. 10-103. COURT OF APPEALS
Full-time equated exempted positions.................... 175.0 175.0
Court of appeals operations-175.0 FTE positions.......... $ 23,629,300 $ 23,629,300
GROSS APPROPRIATION...................................... $ 23,629,300 $ 23,629,300
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 23,629,300 $ 23,629,300
Sec. 10-104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.................... 4.0 4.0
Branchwide appropriations-4.0 FTE positions.............. $ 9,126,700 $ 9,126,700
GROSS APPROPRIATION...................................... $ 9,126,700 $ 9,126,700
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 9,126,700 $ 9,126,700
Sec. 10-105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions.............................. 588.0 588.0
Supreme court justices' salaries-7.0 justices............ $ 1,152,300 $ 1,152,300
Circuit court judges' state base salaries-214.0 judges... 21,364,800 21,364,800
Circuit court judicial salary standardization............ 9,785,000 9,785,000
Court of appeals judges' salaries-27.0 judges............ 4,252,700 4,252,700
District court judges' state base salaries-237.0 judges.. 23,254,600 23,254,600
District court judicial salary standardization......... . 10,836,700 10,836,700
Probate court judges' state base salaries-103.0 judges... 10,203,000 10,203,000
Probate court judicial salary standardization............ 4,669,600 4,669,600
Judges' retirement system defined contributions.......... 4,761,200 4,761,200
OASI, social security.................................... 5,954,100 5,954,100
GROSS APPROPRIATION...................................... $ 96,234,000 $ 96,234,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 2,702,100 2,702,100
State general fund/general purpose....................... $ 93,531,900 $ 93,531,900
Sec. 10-106. JUDICIAL AGENCIES
Full-time equated exempted positions.................... 7.0 7.0
Judicial tenure commission-7.0 FTE positions............. $ 1,157,800 $ 1,157,800
GROSS APPROPRIATION...................................... $ 1,157,800 $ 1,157,800
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 1,157,800 $ 1,157,800
Sec. 10-107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions.................... 51.0 51.0
Appellate public defender program-51.0 FTE positions..... $ 7,848,300 $ 7,848,300
GROSS APPROPRIATION...................................... $ 7,848,300 $ 7,848,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 67,300 67,300
Special revenue funds:
Private revenues......................................... 85,800 85,800
Other state restricted revenues.......................... 137,800 137,800
State general fund/general purpose....................... $ 7,557,400 $ 7,557,400
Sec. 10-108. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance.......................... $ 7,937,000 $ 7,937,000
GROSS APPROPRIATION...................................... $ 7,937,000 $ 7,937,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 7,937,000 7,937,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 10-109. TRIAL COURT OPERATIONS
Full-time equated exempted positions.................... 5.0 5.0
Court equity fund reimbursements......................... $ 60,815,700 $ 60,815,700
Drug case-flow program................................... 250,000 250,000
Drunk driving case-flow program.......................... 3,300,000 3,300,000
Judicial technology improvement fund..................... 4,815,000 4,815,000
Juror compensation reimbursement......................... 6,600,000 6,600,000
Statewide e-file system-5.0 FTE positions................ 8,500,000 8,500,000
GROSS APPROPRIATION...................................... $ 84,280,700 $ 84,280,700
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 73,905,000 73,905,000
State general fund/general purpose....................... $ 10,375,700 $ 10,375,700
Sec. 10-110. ONE-TIME APPROPRIATIONS
Full-time equated exempted positions.................... 11.0 0.0
Compliance with Montgomery v Louisiana decision-11.0
FTE positions........................................... $ 750,000 $ 0
Pretrial risk assessment................................. 300,000 0
GROSS APPROPRIATION...................................... $ 1,050,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 1,050,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 10-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $284,944,100.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $146,794,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
JUDICIARY
State court administrative office....................................... $ 300,000
Swift and sure sanctions program........................................ 3,900,000
Circuit court judicial salary standardization........................... 9,785,000
Court equity fund reimbursements........................................ 60,815,700
Veterans courts......................................................... 500,000
Probate court judicial salary standardization........................... 4,669,600
OASI, social security................................................... 1,038,600
Mental health courts and diversion services............................. 5,331,400
Drunk driving case-flow program......................................... 3,300,000
Statewide e-file system................................................. 8,500,000
Drug treatment courts................................................... 11,833,000
Next generation Michigan court system................................... 4,116,000
Probate court judges' state base salaries............................... 10,203,000
Juror compensation reimbursement........................................ 6,600,000
District court judicial salary standardization.......................... 10,836,700
Drug case-flow program.................................................. 250,000
Judicial technology improvement fund.................................... 4,815,000
TOTAL..................................................................... $ 146,794,000
Sec. 10-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 10-203. As used in this article:
(a) "FTE" means full-time equated.
(b) "IDG" means interdepartmental grant.
(c) "OASI" means old age survivor's insurance.
(d) "SADO" means the state appellate defender office created under the appellate
defender act, 1978 PA 620, MCL 780.711 to 780.719.
(e) "Title IV-D" means the part of the federal social security act, 42 USC 301 to
1397mm, pertaining to the child support enforcement program.
(f) "Title IV-E" means the part of the federal social security act, 42 USC 301 to
1397mm, pertaining to the foster care program.
Sec. 10-204. The reporting requirements of this part shall be completed with the
approval of, and at the direction of, the supreme court, except as otherwise provided
in this part. The judicial branch shall use the Internet to fulfill the reporting
requirements of this part. This may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 10-205. 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. 10-207. Not later than January 1 of each year, the state court
administrative office shall prepare a report on out-of-state travel listing all travel
by judicial branch employees outside this state in the immediately preceding fiscal
year that was funded in whole or in part with funds appropriated in the budget for the
judicial branch. The report shall be submitted to the senate and house appropriations
committees, the senate and house fiscal agencies, and the state budget 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. 10-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major program or program areas. The report shall be transmitted to the chairpersons of
the senate and house appropriations committees and the senate and house fiscal
agencies.
Sec. 10-211. From the funds appropriated in part 1, the judicial branch shall
maintain a searchable website accessible by the public at no cost that includes all
expenditures made by the judicial branch within a fiscal year. The posting shall
include the purpose for which each expenditure is made. The judicial branch shall not
provide financial information on its website under this section if doing so would
violate a federal or state law, rule, regulation, or guideline that establishes
privacy or security standards applicable to that financial information.
Sec. 10-212. Within 14 days after the release of the executive budget
recommendation, the judicial branch shall cooperate with the state budget office to
provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies with an
annual report on estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the fiscal years ending
September 30, 2017 and September 30, 2018.
Sec. 10-213. The judiciary shall maintain, on a publicly accessible website, a
scorecard that identifies, tracks and regularly updates key metrics that are used to
monitor and improve the agency's performance.
Sec. 10-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$13,963,100.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $7,185,500.00. Total agency appropriations for retiree
health care legacy costs are estimated at $6,777,600.00.
JUDICIAL BRANCH
Sec. 10-301. From the funds appropriated in part 1, the direct trial court
automation support program of the state court administrative office shall recover
direct and overhead costs from trial courts by charging for services rendered. The fee
shall cover the actual costs incurred to the direct trial court automation support
program in providing the service, including development of future versions of case
management systems.
Sec. 10-302. Funds appropriated within the judicial branch shall not be expended
by any component within the judicial branch without the approval of the supreme court.
Sec. 10-303. Of the amount appropriated in part 1 for the judicial branch,
$711,900.00 is allocated for circuit court reimbursement under section 3 of 1978 PA
16, MCL 800.453, and for costs associated with the court of claims.
Sec. 10-307. From the funds appropriated in part 1 for mental health courts and
diversion services, $1,730,000.00 is intended to address the recommendations of the
mental health diversion council.
Sec. 10-308. If sufficient funds are not available from the court fee fund to pay
judges' compensation, the difference between the appropriated amount from that fund
for judges' compensation and the actual amount available after the amount appropriated
for trial court reimbursement is made shall be appropriated from the state general
fund for judges' compensation. If an appropriation is made under this section, the
state court administrative office shall notify, within 14 days of the appropriation,
the senate and house standing committees on appropriations, the senate and house
appropriations subcommittees on judiciary, the senate and house fiscal agencies, and
the state budget office.
Sec. 10-309. By April 1, the state court administrative office shall provide a
report on drug treatment, mental health, and veterans court programs in this state.
The report shall include information on the number of each type of program that has
been established, the number of program participants in each jurisdiction, and the
impact of the programs on offender criminal involvement and recidivism. The report
shall be submitted to the senate and house appropriations subcommittees on judiciary,
the senate and house fiscal agencies, and the state budget director.
Sec. 10-311. (1) The funds appropriated in part 1 for drug treatment courts as
that term is defined in section 1060 of the revised judicature act of 1961, 1961 PA
236, MCL 600.1060, shall be administered by the state court administrative office to
operate drug treatment court programs. A drug treatment court shall be responsible for
handling cases involving substance abusing nonviolent offenders through comprehensive
supervision, testing, treatment services, and immediate sanctions and incentives. A
drug treatment court shall use all available county and state personnel involved in
the disposition of cases including, but not limited to, parole and probation agents,
prosecuting attorneys, defense attorneys, and community corrections providers. The
funds may be used in connection with other federal, state, and local funding sources.
(2) From the funds appropriated in part 1, the chief justice shall allocate
sufficient funds for the Michigan judicial institute to provide in-state training for
those identified in subsection (1), including training for new drug treatment court
judges.
(3) For drug treatment court grants, consideration for priority may be given to
those courts where higher instances of substance abuse cases are filed.
(4) The judiciary shall receive $1,500,000.00 in Byrne formula grant funding as
an interdepartmental grant from the department of state police to be used for
expansion of drug treatment courts, to assist in avoiding prison bed space growth for
nonviolent offenders in collaboration with the department of corrections.
Sec. 10-312. From the funds appropriated in part 1 for the medication-assisted
treatment program, the judiciary shall maintain a medication-assisted treatment
program to provide treatment for opioid-addicted and alcohol-addicted individuals who
are referred to and voluntarily participate in the medication-assisted treatment
program.
Sec. 10-317. Funds appropriated in part 1 shall not be used for the permanent
assignment of state-owned vehicles to justices or judges or any other judicial branch
employee. This section does not preclude the use of state-owned motor pool vehicles
for state business in accordance with approved guidelines.
Sec. 10-320. (1) From the funds appropriated in part 1 for the swift and sure
sanctions program, created under section 3 of chapter XIA of the code of criminal
procedure, 1927 PA 175, MCL 771A.3, the state court administrative office shall
administer a program to distribute grants to qualifying courts in accordance with the
objectives and requirements of the probation swift and sure sanctions act, chapter XIA
of the code of criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8. Of the
$4,000,000.00 designated for the program, not more than $100,000.00 shall be available
to the state court administrative office to pay for employee costs associated with the
administration of the program funds. Of the funds designated for the program,
$500,000.00 is reserved for programs in counties that had more than 325 individuals
sentenced to prison in the previous calendar year. Courts interested in participating
in the swift and sure sanctions program may apply to the state court administrative
office for a portion of the funds appropriated in part 1 under this section.
(2) By April 1, the state court administrative office, in cooperation with the
Michigan Department of Corrections, shall provide a report on the courts that receive
funding under the swift and sure sanctions program described in subsection (1) to the
senate and house appropriations subcommittees on judiciary, the senate and house
fiscal agencies, and the state budget director. The report shall include all of the
following:
(a) The number of offenders who participate in the program.
(b) The criminal history of offenders who participate in the program.
(c) The recidivism rate of offenders who participate in the program, including
the rate of return to jail, prison, or both.
(d) A detailed description of the establishment and parameters of the program.
(3) As used in this section, "program" means a swift and sure sanctions program
described in subsection (1).
Sec. 10-321. From the funds appropriated in part 1, the judicial branch shall
support a statewide legal self-help Internet website and local nonprofit self-help
centers that use the statewide website to provide assistance to individuals
representing themselves in civil legal proceedings. The state court administrative
office shall summarize the costs of maintaining the website, provide statistics on the
number of people visiting the website, and provide information on content usage, form
completion, and user feedback. By March 1, the state court administrative office shall
report this information for the preceding fiscal year to the senate and house
appropriations subcommittees on judiciary, the senate and house fiscal agencies, and
the state budget director.
Sec. 10-322. If Byrne formula grant funding is awarded to the state appellate
defender, the state appellate defender office may receive and expend Byrne formula
grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from
the department of state police. If the appellate defender appointed under section 3 of
the appellate defender act, 1978 PA 620, MCL 780.713, receives federal grant funding
from the United States Department of Justice in excess of the amount appropriated in
part 1, the office of appellate defender may receive and expend grant funds in an
amount not to exceed $300,000.00 as other federal grants.
ONE-TIME APPROPRIATIONS
Sec. 10-402. (1) The state appellate defender office attorneys and support staff
shall increase to ensure Michigan compliance with Montgomery v Louisiana, 577 US _____
(2016). The purpose of the program expansion is to ensure competent, resourced, and
supervised counsel in cases involving the resentencing of juvenile lifers. The
representation by SADO counsel will create opportunities for release, saving prison
costs for the state.
(2) From the funds appropriated in part 1, the state appellate defender office
shall submit a report by September 30 to the senate and house appropriations
subcommittees on judiciary, the senate and house fiscal agencies, and the state budget
director on the number of juvenile lifer cases investigated and prepared by the state
appellate defender office. The report shall include a calculation of hours spent and
focus on incremental costs associated with investigating and conducting a robust
examination of each case, with particular emphasis on those costs that may be avoided
after the cases have been disposed.
Article 11
LEGISLATURE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 11-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the legislature are appropriated for the fiscal year ending
September 30, 2018, and are anticipated to be appropriated for the fiscal year ending
September 30, 2019, from the funds indicated in this part. The following is a summary
of the appropriations and anticipated appropriations in this part:
LEGISLATURE
APPROPRIATION SUMMARY
GROSS APPROPRIATION...................................... $ 179,261,000 $ 176,261,000
Total interdepartmental grants and interdepartmental
transfers............................................... 5,709,200 5,709,200
ADJUSTED GROSS APPROPRIATION............................. $ 173,551,800 $ 170,551,800
Total federal revenues................................... 0 0
Total local revenues..................................... 0 0
Total private revenues................................... 400,000 400,000
Total other state restricted revenues.................... 6,247,100 6,247,100
State general fund/general purpose....................... $ 166,904,700 $ 163,904,700
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 163,904,700 163,904,700
One-time state general fund/general purpose........... 3,000,000 0
Sec. 11-102. LEGISLATURE
Senate................................................... $ 35,835,600 $ 35,835,600
Senate automated data processing......................... 2,600,000 2,600,000
Senate fiscal agency..................................... 3,874,100 3,874,100
House of representatives................................. 55,113,500 55,113,500
House automated data processing.......................... 2,600,000 2,600,000
House fiscal agency...................................... 3,874,100 3,874,100
GROSS APPROPRIATION...................................... $ 103,897,300 $ 103,897,300
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 103,897,300 $ 103,897,300
Sec. 11-103. LEGISLATIVE COUNCIL
Legislative corrections ombudsman........................ $ 758,400 $ 758,400
Legislative council...................................... 12,421,300 12,421,300
Legislative service bureau automated data processing..... 1,690,000 1,690,000
Michigan veterans facility ombudsman..................... 200,000 200,000
National association dues................................ 454,700 454,700
Worker's compensation.................................... 151,400 151,400
GROSS APPROPRIATION...................................... $ 15,675,800 $ 15,675,800
Appropriated from:
Special revenue funds:
Private revenues......................................... 400,000 400,000
State general fund/general purpose....................... $ 15,275,800 $ 15,275,800
Sec. 11-104. LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses........................... $ 5,062,100 $ 5,062,100
GROSS APPROPRIATION...................................... $ 5,062,100 $ 5,062,100
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 1,177,700 1,177,700
State general fund/general purpose....................... $ 3,884,400 $ 3,884,400
Sec. 11-105. PROPERTY MANAGEMENT
Cora Anderson building................................... $ 11,769,500 $ 11,769,500
Senate office building and other properties.............. 8,030,000 8,030,000
GROSS APPROPRIATION...................................... $ 19,799,500 $ 19,799,500
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 19,799,500 $ 19,799,500
Sec. 11-106. STATE CAPITOL HISTORIC SITE
Bond/lease obligations................................... $ 100 $ 100
General operations....................................... 4,440,000 4,440,000
Restoration, renewal, and maintenance.................... 3,100,000 3,100,000
GROSS APPROPRIATION...................................... $ 7,540,100 $ 7,540,100
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 3,100,000 3,100,000
State general fund/general purpose....................... $ 4,440,100 $ 4,440,100
Sec. 11-107. OFFICE OF THE AUDITOR GENERAL
Unclassified salaries.................................... $ 339,200 $ 339,200
Field operations......................................... 23,947,000 23,947,000
GROSS APPROPRIATION...................................... $ 24,286,200 $ 24,286,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human services......... 30,600 30,600
IDG from department of licensing and regulatory affairs.. 28,700 28,700
IDG from department of state police...................... 40,900 40,900
IDG from department of talent and economic development... 265,400 265,400
IDG from department of technology, management and
budget.................................................. 550,000 550,000
IDG from department of transportation.................... 1,118,600 1,118,600
IDG from department of treasury.......................... 330,800 330,800
IDG from other restricted funding........................ 3,344,200 3,344,200
Special revenue funds:
21st century jobs fund................................... 96,300 96,300
Other state restricted revenues.......................... 1,873,100 1,873,100
State general fund/general purpose....................... $ 16,607,600 $ 16,607,600
Sec. 11-108. ONE-TIME APPROPRIATIONS
Legislative information technology systems design
project................................................. $ 3,000,000 $ 0
GROSS APPROPRIATION...................................... $ 3,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 3,000,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 11-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $173,151,800.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $0.00.
Sec. 11-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 11-203. As used in this article:
(a) "FTE" means full-time equated.
(b) "IDG" means interdepartmental grant.
Sec. 11-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$21,252,700.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $10,936,800.00. Total agency appropriations for retiree
health care legacy costs are estimated at $10,315,900.00.
LEGISLATURE
Sec. 11-600. 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. 11-601. (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. 11-602. The senate may charge rent and assess charges for utility costs. The
amounts received for rent charges and utility assessments are appropriated to the
senate for the renovation, operation, and maintenance of the Senate office building
and other properties.
Sec. 11-603. 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.
Sec. 11-604. (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. 11-605. The appropriation in part 1 to the legislative council for
publication of the Michigan manual is a work project account. The unexpended portion
remaining on September 30 shall not lapse and shall be carried forward into the
subsequent fiscal year for use in paying the associated biennial costs of publication
of the Michigan manual.
Sec. 11-606. The appropriations in part 1 to the legislative branch, for property
management, shall be used to purchase equipment and services for building maintenance
in order to ensure a safe and productive work environment. These funds are designated
as work project appropriations and shall not lapse at the end of the fiscal year, and
shall continue to be available for expenditure until the project has been completed.
The total cost is estimated at $2,000,000.00, and the tentative completion date is
September 30, 2021.
Sec. 11-607. The appropriations in part 1 to the legislative branch, for
automated data processing, shall be used to purchase equipment, software, and services
in order to support and implement data processing requirements and technology
improvements. These funds are designated as work project appropriations in accordance
with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, and
shall not lapse at the end of the fiscal year, and shall continue to be available for
expenditure until the project has been completed. The total cost is estimated at
$2,000,000.00, and the tentative completion date is September 30, 2021.
Sec. 11-608. 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. 11-616. The appropriation in part 1 for the legislative IT systems design
project shall be used for the design, development, and implementation of a legislative
computer system. Funds described in this section shall not be expended without written
approval of the senate majority leader or his or her designee, the speaker of the
house of representatives or his or her designee, and the legislative council
administrator or his or her designee. The appropriations described in this section
are designated as work project appropriations in accordance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a, and shall not lapse at the end
of the fiscal year. The unexpended portion of these funds shall continue to be
available for expenditure until the project has been completed. The total cost is
estimated at $12,000,000.00 and the tentative completion date is September 30, 2020.
LEGISLATIVE AUDITOR GENERAL
Sec. 11-620. Pursuant to section 53 of article IV of the state constitution of
1963, the auditor general shall conduct audits of the judicial branch. The audits may
include the supreme court and its administrative units, the court of appeals, and
trial courts.
Sec. 11-621. (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. 11-622. From the funds appropriated in part 1 to the legislative auditor
general, the auditor general's salary and the salaries of the remaining 2.0 FTE
unclassified positions shall be set by the speaker of the house of representatives,
the senate majority leader, the house of representatives minority leader, and the
senate minority leader.
Sec. 11-623. Any audits, reviews, or investigations requested of the auditor
general by the legislature or by legislative leadership, legislative committees, or
individual legislators shall include an estimate of the additional costs involved and,
when those costs exceed $50,000.00, should provide supplemental funding. The auditor
general shall determine whether to perform those activities in keeping with Audit
Directive No. 29, which describes the office of the auditor general's policy on
responding to legislative requests.
Article 12
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 12-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of licensing and regulatory affairs are
appropriated for the fiscal year ending September 30, 2018, and are anticipated to be
appropriated for the fiscal year ending September 30, 2019, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 57.5 57.5
Full-time equated classified positions.................. 2,322.3 2,322.3
GROSS APPROPRIATION...................................... $ 441,576,300 $ 451,258,400
Total interdepartmental grants and interdepartmental
transfers............................................... 47,835,100 47,835,100
ADJUSTED GROSS APPROPRIATION............................. $ 393,741,200 $ 403,423,300
Total federal revenues................................... 65,020,900 65,020,900
Total local revenues..................................... 250,000 250,000
Total private revenues................................... 111,800 111,800
Total other state restricted revenues.................... 285,341,900 295,024,000
State general fund/general purpose....................... $ 43,016,600 $ 43,016,600
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 43,016,600 43,016,600
One-time state general fund/general purpose........... 0 0
Sec. 12-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 57.5 57.5
Full-time equated classified positions.................. 108.0 108.0
Unclassified salaries-57.5 FTE positions................. $ 5,007,500 $ 5,007,500
Administrative services-77.0 FTE positions............... 8,692,300 8,692,300
Executive director programs-24.0 FTE positions........... 3,216,500 3,216,500
FOIA coordination-2.0 FTE positions...................... 309,700 309,700
Local community stabilization authority-1.0 FTE
position................................................ 150,000 150,000
Office for new Americans-4.0 FTE positions............... 467,300 467,300
Property management...................................... 11,778,400 11,778,400
Worker's compensation.................................... 381,800 381,800
GROSS APPROPRIATION...................................... $ 30,003,500 $ 30,003,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of insurance and financial
services................................................ 150,000 150,000
IDG from department of talent and economic development... 588,000 588,000
Federal revenues:
Other federal revenues................................... 2,675,900 2,675,900
Special revenue funds:
Local revenues........................................... 150,000 150,000
Other state restricted revenues.......................... 25,229,300 25,229,300
State general fund/general purpose....................... $ 1,210,300 $ 1,210,300
Sec. 12-103. ENERGY AND UTILITY PROGRAMS
Full-time equated classified positions.................. 208.0 208.0
Michigan agency for energy -58.0 FTE positions........... $ 12,624,800 $ 12,624,800
Public service commission-150.0 FTE positions............ 25,895,300 25,895,300
GROSS APPROPRIATION...................................... $ 38,520,100 $ 38,520,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 5,972,000 5,972,000
Special revenue funds:
Other state restricted revenues.......................... 31,990,300 31,990,300
State general fund/general purpose....................... $ 557,800 $ 557,800
Sec. 12-104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.................. 143.0 143.0
Liquor licensing and enforcement-115.0 FTE positions..... $ 15,435,800 $ 15,435,800
Management support services-28.0 FTE positions........... 4,455,900 4,455,900
GROSS APPROPRIATION...................................... $ 19,891,700 $ 19,891,700
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 19,891,700 19,891,700
State general fund/general purpose....................... $ 0 $ 0
Sec. 12-105. OCCUPATIONAL REGULATION
Full-time equated classified positions.................. 1,143.9 1,143.9
Bureau of community and health systems-433.9 FTE
positions............................................... $ 62,226,900 $ 62,226,900
Bureau of construction codes-171.0 FTE positions......... 21,122,900 21,122,900
Bureau of fire services-78.0 FTE positions............... 11,013,600 11,013,600
Bureau of professional licensing-210.0 FTE positions..... 40,580,600 40,580,600
Corporations, securities, and commercial licensing
bureau-118.0 FTE positions.............................. 15,411,400 15,411,400
Medical marihuana facilities licensing and tracking-
108.0 FTE positions..................................... 18,651,600 24,868,700
Medical marihuana program-25.0 FTE positions............. 4,949,100 4,949,100
GROSS APPROPRIATION...................................... $ 173,956,100 $ 180,173,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education......................... 17,522,700 17,522,700
Federal revenues:
Other federal revenues................................... 22,589,300 22,589,300
Special revenue funds:
Other state restricted revenues.......................... 108,880,900 115,098,000
State general fund/general purpose....................... $ 24,963,200 $ 24,963,200
Sec. 12-106. EMPLOYMENT SERVICES
Full-time equated classified positions.................. 464.4 464.4
Bureau of employment relations-22.0 FTE positions........ $ 4,236,100 $ 4,236,100
Bureau of services for blind persons-113.0 FTE
positions............................................... 24,766,800 24,766,800
Compensation supplement fund............................. 1,820,000 1,820,000
First responder presumed coverage claims................. 1,780,000 5,245,000
Insurance funds administration-23.0 FTE positions........ 5,265,600 5,265,600
Michigan occupational safety and health administration-
197.0 FTE positions..................................... 29,022,400 29,022,400
Radiation safety section-21.4 FTE positions.............. 3,259,700 3,259,700
Wage and hour program-32.0 FTE positions................. 3,763,800 3,763,800
Worker's compensation agency-56.0 FTE positions.......... 8,077,300 8,077,300
GROSS APPROPRIATION...................................... $ 81,991,700 $ 85,456,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 30,918,600 30,918,600
Special revenue funds:
Local revenues........................................... 100,000 100,000
Private revenues......................................... 111,800 111,800
Other state restricted revenues.......................... 40,853,600 44,318,600
State general fund/general purpose....................... $ 10,007,700 $ 10,007,700
Sec. 12-107. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.................. 236.0 236.0
Michigan administrative hearing system-218.0 FTE
positions............................................... $ 38,147,000 $ 38,147,000
Michigan compensation appellate commission-18.0 FTE
positions............................................... 4,622,200 4,622,200
GROSS APPROPRIATION...................................... $ 42,769,200 $ 42,769,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of talent and economic development... 4,284,100 4,284,100
IDG from other restricted funding........................ 25,290,300 25,290,300
Federal revenues:
Other federal revenues................................... 153,900 153,900
Special revenue funds:
Other state restricted revenues.......................... 12,346,700 12,346,700
State general fund/general purpose....................... $ 694,200 $ 694,200
Sec. 12-108. COMMISSIONS
Full-time equated classified positions.................. 19.0 19.0
Asian Pacific American affairs commission-1.0 FTE
position................................................ $ 137,400 $ 137,400
Commission on Middle Eastern American affairs-1.0 FTE
position................................................ 125,000 125,000
Hispanic/Latino commission of Michigan-1.0 FTE position.. 286,000 286,000
Michigan indigent defense commission-16.0 FTE positions.. 2,386,800 2,386,800
GROSS APPROPRIATION...................................... $ 2,935,200 $ 2,935,200
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 2,935,200 $ 2,935,200
Sec. 12-109. GRANTS
Fire protection grants................................... $ 9,273,900 $ 9,273,900
Firefighter training grants.............................. 2,000,000 2,000,000
Liquor law enforcement grants............................ 7,200,000 7,200,000
Medical marihuana operation and oversight grants......... 3,000,000 3,000,000
Remonumentation grants................................... 7,300,000 7,300,000
Subregional libraries state aid.......................... 451,800 451,800
Utility consumer representation.......................... 750,000 750,000
GROSS APPROPRIATION...................................... $ 29,975,700 $ 29,975,700
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 28,750,000 28,750,000
State general fund/general purpose....................... $ 1,225,700 $ 1,225,700
Sec. 12-110. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 21,533,100 $ 21,533,100
GROSS APPROPRIATION...................................... $ 21,533,100 $ 21,533,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,711,200 2,711,200
Special revenue funds:
Other state restricted revenues.......................... 17,399,400 17,399,400
State general fund/general purpose....................... $ 1,422,500 $ 1,422,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 12-201. Pursuant to section 30 of article IX of the state constitution of
1963,total state spending from state resources under part 1 for the fiscal year 2018
is $328,358,500.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $29,225,700.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Medical marihuana operation and oversight grants........................ $ 3,000,000
Subregional libraries state aid......................................... 451,800
Fire protection grants.................................................. 9,273,900
Firefighter training grants............................................. 2,000,000
Liquor law enforcement grants........................................... 7,200,000
Remonumentation grants.................................................. 7,300,000
TOTAL..................................................................... $ 29,225,700
Sec. 12-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 12-203. As used in this article:
(a) "Department" means the department of licensing and regulatory affairs.
(b) "DHHS" means the department of health and human services.
(c) "Director" means the director of the department.
(d) "FOIA" means the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(e) "FTE" means full-time equated.
(f) "IDG" means interdepartmental grant.
Sec. 12-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. 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. 12-205. 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. 12-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 12-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 12-208. 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. 12-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 12-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $25,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 12-211. 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. 12-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 12-213. 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. 12-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$56,364,700.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $29,005,600.00. Total agency appropriations for retiree
health care legacy costs are estimated at $27,359,100.00.
Sec. 12-215. Unless prohibited by law, the department may accept credit card or
other electronic means of payment for licenses, fees, or permits.
Sec. 12-221. The department may carry into the succeeding fiscal year unexpended
federal pass-through funds to local institutions and governments that do not require
additional state matching funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those included in part 1 and
that do not require additional state matching funds are appropriated for the purposes
intended. Within 14 days after the receipt of federal pass-through funds, the
department shall notify the house and senate chairpersons of the subcommittees, the
fiscal agencies, and the state budget director of pass-through funds appropriated
under this section.
Sec. 12-222. (1) Grants supported with private revenues received by the
department are appropriated upon receipt and are available for expenditure by the
department, subject to subsection (3), for purposes specified within the grant
agreement and as permitted under state and federal law.
(2) Within 10 days after the receipt of a private grant appropriated in
subsection (1), the department shall notify the house and senate chairpersons of the
subcommittees, the fiscal agencies, and the state budget director of the receipt of
the grant, including the fund source, purpose, and amount of the grant.
(3) The amount appropriated under subsection (1) shall not exceed $1,500,000.00.
Sec. 12-223. (1) The department may charge registration fees to attendees of
informational, training, or special events sponsored by the department.
(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. 12-224. The department may make available to interested entities otherwise
unavailable customized listings of nonconfidential information in its possession, such
as names and addresses of licensees. The department may establish and collect a
reasonable charge to provide this service. The revenue received from this service is
appropriated when received and shall be used to offset expenses to provide the
service. Any balance of this revenue collected and unexpended at the end of the fiscal
year shall lapse to the appropriate restricted fund.
Sec. 12-225. (1) The department shall sell documents at a price not to exceed the
cost of production and distribution. Money received from the sale of these documents
shall revert to the department. In addition to the funds appropriated in part 1, these
funds are available for expenditure when they are received by the department of
treasury. This subsection applies only for the following documents:
(a) Corporation and securities division documents, reports, and papers required
or permitted by law pursuant to section 1060(5) of the business corporation act, 1972
PA 284, MCL 450.2060.
(b) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to
436.2303.
(c) The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2350; the
business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; the nonprofit
corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform securities act
(2002), 2008 PA 551, MCL 451.2101 to 451.2703.
(d) Worker's compensation health care services rules.
(e) Construction code manuals.
(f) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds appropriated for the
department under sections 55, 57, 58, and 59 of the administrative procedures act of
1969, 1969 PA 306, MCL 24.255, 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.
ENERGY AND UTILITY PROGRAMS
Sec. 12-301. The Michigan Agency for Energy administers the low-income energy
assistance grant program on behalf of DHHS via an interagency agreement. Funds
supporting the grant program are appropriated in the department upon awarding of
grants and may be expended for grant payments and administrative related expenses
incurred in the operation of the program.
OCCUPATIONAL REGULATION
Sec. 12-501. Money appropriated under this part and part 1 for the bureau of fire
services shall not be expended unless, in accordance with section 2c of the fire
prevention code, 1941 PA 207, MCL 29.2c, inspection and plan review fees will be
charged according to the following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for hospitals and schools
Project cost range FeeMMMM
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 12-502. 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. 12-503. No later than February 15, the department shall submit a report to
the subcommittees, fiscal agencies, and state budget director providing the following
information:
(a) The number of honorably discharged veterans, individually or if a majority
interest of a corporation or limited liability company, that were exempted from paying
licensure, registration, filing, or any other fees collected under each licensure or
regulatory program administered by the bureau of construction codes and the
corporations, securities, and commercial licensing bureau during the preceding fiscal
year.
(b) The specific fees and total amount of revenue exempted under each licensure
or regulatory program administered by the bureau of construction codes and the
corporations, securities, and commercial licensing bureau during the preceding fiscal
year.
(c) The actual costs of providing licensing and other regulatory services to
veterans exempted from paying licensure, registration, filing, or any other fees
during the preceding fiscal year and a description of how these costs were calculated.
(d) The estimated amount of revenue that will be exempted under each licensure or
regulatory program administered by the bureau of construction codes and the
corporations, securities, and commercial licensing bureau in both the current and
subsequent fiscal years and a description of how the exempted revenue was estimated.
Sec. 12-505. Funds remaining in the homeowner construction lien recovery fund are
appropriated to the department for payment of court-ordered homeowner construction
lien recovery fund judgments entered prior to August 23, 2010. Pursuant to available
funds, the payment of final judgments shall be made in the order in which the final
judgments were entered and began accruing interest.
Sec. 12-507. The department shall submit by January 31 to the standing committees
on appropriations of the senate and house of representatives, the fiscal agencies, and
the state budget director an annual report for the prior fiscal year regarding the
medical marihuana program under the Michigan medical marihuana act, 2008 IL 1, MCL
333.26421 to 333.26430.
Sec. 12-508. If the revenue collected by the department for health systems
administration or radiological health administration and projects from fees and
collections exceeds the amount appropriated in part 1, the revenue may be carried
forward into the subsequent fiscal year. The revenue carried forward under this
section shall be used as the first source of funds in the subsequent fiscal year.
Sec. 12-511. No later than February 1, the department shall submit a report to
the subcommittees, fiscal agencies, and state budget director providing the following
information:
(a) The total amount of reimbursements made to local units of government for
delegated inspections of fireworks retail locations pursuant to section 11 of the
Michigan fireworks safety act, 2011 PA 256, MCL 28.461, from the funds appropriated in
part 1 for the bureau of fire services during the preceding fiscal year.
(b) The amount of reimbursement for delegated inspections of fireworks retail
locations for each local unit of government that received reimbursement from the funds
appropriated in part 1 for the bureau of fire services during the preceding fiscal
year.
Sec. 12-513. (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 confirmed false inspection appointments. 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
Michigan administrative information network.
(2) Not later than September 30, the department shall prepare a report that
provides the amount of the fee assessed under subsection (1), the number of fees
assessed and issued per region, the cost allocation for the work performed and reduced
as a result of this section, and any recommendations for consideration by the
legislature. The department shall submit this information to the state budget
director, the subcommittees, and the fiscal agencies.
Sec. 12-515. The department shall assess and collect fees in the licensing and
regulation of child care organizations, as described in 1973 PA 116, MCL 722.111 to
722.128, and adult foster care facilities, as described in the adult foster care
facility licensing act, 1979 PA 218, MCL 400.701 to 400.737.
Sec. 12-518. From the amount appropriated in part 1 for the bureau of community
and health systems, upon receipt of the order of suspension of a licensed adult foster
care home, home for the aged, or nursing home, the department shall serve the facility
and provide contemporaneous notice to the offices of legislators representing a
district where the licensed facility is situated.
EMPLOYMENT SERVICES
Sec. 12-704. (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. 12-707. 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. 12-708. Funds received in excess of the appropriation in part 1 for first
responder presumed coverage claims from the first responder presumed coverage fund are
appropriated in an amount sufficient to pay approved claims due in the current fiscal
year pursuant to the worker's disability compensation act of 1969, as amended, MCL
418.405.
COMMISSIONS
Sec. 12-800. 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. 12-801. From the funds appropriated in part 1, the Michigan indigent defense
commission shall submit a report by September 30 to the senate and house
appropriations subcommittees on judiciary, the senate and house fiscal agencies, and
the state budget director on the incremental costs associated with the standard
development process, the compliance plan process, and the collection of data from all
indigent defense systems and attorneys providing indigent defense. Particular emphasis
shall be placed on those costs that may be avoided after standards are developed and
compliance plans are in place.
GRANTS
Sec. 12-901. The appropriation in part 1 for fire protection grants shall be
appropriated to cities, villages, and townships with state-owned facilities for fire
services, instead of taxes, in accordance with 1977 PA 289, MCL 141.951 to 141.956.
Sec. 12-902. (1) The department shall expend the funds appropriated in part 1 for
medical marihuana operation and oversight grants for grants to county law enforcement
offices for the operation and oversight of the Michigan medical marihuana program
pursuant to section 6(l) of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426. These grants shall be distributed proportionately based on the number of
registry identification cards issued to or renewed for the residents of each county
whose county law enforcement office applied for a grant under subsection (2). For the
purposes of this subsection, operation and oversight grants are for education,
communication, and enforcement of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26421 to 333.26430.
(2) No later than December 1, the department shall post a listing of potential
grant money available to each county law enforcement agency on its website. In
addition, the department shall work collaboratively with county law enforcement
agencies, the Michigan Sheriff's Association, and other representative law enforcement
organizations regarding the availability of these grant funds. A county law
enforcement agency requesting a grant shall apply on a form developed by the
department and available on the website. The form shall contain the county law
enforcement agency'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 law
enforcement agency shall apply no later than January 1 and agree to report how the
grant was expended and provide that report to the department no later than September
15. The department shall submit a report no later than October 15 of the subsequent
fiscal year to the state budget director, the subcommittees, and the fiscal agencies
detailing the grant amounts by recipient and the reported uses of the grants in the
preceding fiscal year.
(4) County law enforcement agencies may distribute discretionary grants made
under subsection (1) to municipal law enforcement agencies for the operation and
oversight of the Michigan medical marihuana program pursuant to section 6(l) of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. If a county law enforcement
agency distributes a discretionary grant in this manner, that county law enforcement
agency shall require the receiving municipal law enforcement agency to provide a
report on how that grant was spent. Reports from municipal law enforcement agencies
shall be included as part of the report submitted to the department as required in
subsection (3).
(5) The fiscal year ending September 30, 2018 is anticipated to be the final year
that medical marihuana enforcement grants will be disbursed to local units of
government due to the implementation of the medical marihuana facilities licensing
act, 2016 PA 281, MCL 333.27101 to 333.27801, which provides local units of government
with disbursements from the medical marihuana excise tax collections.
Sec. 12-903. (1) The amount appropriated in part 1 for firefighter training
grants shall only be expended for payments to counties to reimburse organized fire
departments for firefighter training and other activities required under the
firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2) If the amount appropriated in part 1 for firefighter training grants is
expended by the firefighter training council, established in section 3 of the
firefighters training council act, 1966 PA 291, MCL 29.363, for payments to counties
under section 14 of the firefighters training council act, 1966 PA 291, MCL 29.374:
(a) The amount appropriated in part 1 for firefighter training grants shall be
allocated pursuant to section 14(2) of the firefighters training council act, 1966 PA
291, MCL 29.374.
(b) If the amount allocated to any county under subdivision (a) is less than
$5,000.00, the amounts disbursed to each county under subdivision (a) shall be
adjusted to provide for a minimum payment of $5,000.00 to each county.
(3) No later than February 1, the department shall submit a financial report to
the subcommittees, fiscal agencies, and the state budget director identifying the
following information for the preceding fiscal year:
(a) The amount of the payments that would be made to each county if the
distribution formula described by the first sentence of section 14(2) of the
firefighters training council act, 1966 PA 291, MCL 29.374, would have been utilized
to allocate the total amount appropriated in part 1 for firefighter training grants.
(b) The amount of the payments approved by the firefighter training council for
allocation to each county.
(c) The amount of the payments actually expended or encumbered within each
county.
(d) A description of any other payments or expenditures made under the authority
of the firefighter training council.
(e) The amount of payments approved for allocations to counties that was not
expended or encumbered and lapsed back to the fireworks safety fund.
Sec. 12-904. (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.
Article 13
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 13-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of military and veterans affairs are
appropriated for the fiscal year ending September 30, 2018, and are anticipated to be
appropriated for the fiscal year ending September 30, 2019, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 9.0 9.0
Full-time equated classified positions.................. 904.5 904.5
GROSS APPROPRIATION...................................... $ 180,004,400 $ 177,504,400
Total interdepartmental grants and interdepartmental
transfers............................................... 101,800 101,800
ADJUSTED GROSS APPROPRIATION............................. $ 179,902,600 $ 177,402,600
Total federal revenues................................... 92,334,100 92,334,100
Total local revenues..................................... 1,528,400 1,528,400
Total private revenues................................... 640,000 640,000
Total other state restricted revenues.................... 22,332,600 22,332,600
State general fund/general purpose....................... $ 63,067,500 $ 60,567,500
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 60,567,500 60,567,500
One-time state general fund/general purpose........... 2,500,000 0
Sec. 13-102. MILITARY
Full-time equated unclassified positions................ 9.0 9.0
Full-time equated classified positions.................. 333.0 333.0
Unclassified salaries-9.0 FTE positions.................. $ 1,468,300 $ 1,468,300
Departmentwide........................................... 1,853,100 1,853,100
Headquarters and armories-88.0 FTE positions............. 17,317,800 17,317,800
Michigan youth challeNGe academy-50.0 FTE positions...... 5,259,100 5,259,100
Military family relief fund.............................. 600,000 600,000
Military training sites and support facilities-195.0
FTE positions........................................... 33,956,100 33,956,100
National guard operations................................ 398,200 398,200
National guard tuition assistance fund................... 4,007,000 4,007,000
Starbase grant........................................... 2,322,000 2,322,000
GROSS APPROPRIATION...................................... $ 67,181,600 $ 67,181,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police...................... 101,800 101,800
Federal revenues:
Other federal revenues................................... 47,200,100 47,200,100
Special revenue funds:
Local revenues........................................... 1,528,400 1,528,400
Private revenues......................................... 100,000 100,000
Other state restricted revenues.......................... 2,567,800 2,567,800
State general fund/general purpose....................... $ 15,683,500 $ 15,683,500
Sec. 13-103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions.................. 224.5 224.5
Board of managers (veterans homes)....................... $ 940,000 $ 940,000
D.J. Jacobetti veterans' home-179.5 FTE positions........ 22,275,500 22,275,500
Michigan veterans affairs agency administration-39.0
FTE positions........................................... 7,133,200 7,133,200
Michigan veterans facility authority..................... 1,500,000 1,500,000
Veterans' trust fund administration-6.0 FTE positions.... 1,468,900 1,468,900
Veterans' trust fund grants.............................. 3,746,500 3,746,500
Targeted grants.......................................... 200,000 200,000
Veterans service grants.................................. 3,763,500 3,763,500
GROSS APPROPRIATION...................................... $ 41,027,600 $ 41,027,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,396,100 8,396,100
Special revenue funds:
Private revenues......................................... 540,000 540,000
Other state restricted revenues.......................... 10,730,100 10,730,100
State general fund/general purpose....................... $ 21,361,400 $ 21,361,400
Sec. 13-104. GRAND RAPIDS HOME FOR VETERANS
Full-time equated classified positions.................. 347.0 347.0
Veterans homes operations................................ $ 9,007,800 $ 9,007,800
Purchased services....................................... 10,342,700 10,342,700
Salaries, wages, and fringe benefits-347.0 FTE
positions............................................... 31,054,000 31,054,000
GROSS APPROPRIATION...................................... $ 50,404,500 $ 50,404,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 21,165,600 21,165,600
Special revenue funds:
Other state restricted revenues.......................... 6,620,200 6,620,200
State general fund/general purpose....................... $ 22,618,700 $ 22,618,700
Sec. 13-105. CAPITAL OUTLAY
Land and acquisitions.................................... $ 2,000,000 $ 2,000,000
Special maintenance - National Guard..................... 15,000,000 15,000,000
Special maintenance - veterans' homes.................... 500,000 500,000
GROSS APPROPRIATION...................................... $ 17,500,000 $ 17,500,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 15,000,000 15,000,000
Special revenue funds:
Other state restricted revenues.......................... 2,000,000 2,000,000
State general fund/general purpose....................... $ 500,000 $ 500,000
Sec. 13-106. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 1,390,700 $ 1,390,700
GROSS APPROPRIATION...................................... $ 1,390,700 $ 1,390,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 572,300 572,300
Special revenue funds:
Other state restricted revenues.......................... 414,500 414,500
State general fund/general purpose....................... $ 403,900 $ 403,900
Sec. 13-107. ONE-TIME APPROPRIATIONS
Armory maintenance....................................... $ 2,500,000 $ 0
GROSS APPROPRIATION...................................... $ 2,500,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 2,500,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 13-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $85,400,100.00 and state spending from state resources to be paid to local units of
government for fiscal year 2018 is $142,400.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Michigan veterans affairs agency administration......................... $ 90,000
Military training sites and support facilities.......................... 52,400
TOTAL..................................................................... $ 142,400
Sec. 13-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 13-203. As used in this article:
(a) "Core services" means that phrase as defined in section 373 of the management
and budget act, 1984 PA 431, MCL 18.1373.
(b) "Department" means the department of military and veterans affairs.
(c) "Director" means the director of the department.
(d) "DJJHV" means the D.J. Jacobetti home for veterans.
(e) "FTE" means full-time equated.
(f) "HVAC" means heating, ventilation, and air conditioning.
(g) "IDG" means interdepartmental grant.
(h) "MVAA" means the Michigan veterans affairs agency.
(i) "USDVA" means the United States Department of Veterans Affairs.
(j) "Support services" means an activity, such as information technology,
accounting, human resources, legal, and other support functions that are required to
support the ongoing delivery of core services.
(k) "USDVA-VHA" means the USDVA Veterans Health Administration.
(l) "VSO" means veterans service organization.
(m) "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. 13-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 13-205. 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. 13-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 13-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 13-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 13-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 13-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 13-211. 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. 13-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 13-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 13-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$17,075,800.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $8,787,300.00. Total agency appropriations for retiree
health care legacy costs are estimated at $8,288,500.00.
Sec. 13-219. The department shall provide quarterly reports to the subcommittees,
the senate and house fiscal agencies, and the state budget office, which shall provide
the following data:
(a) A list of all major work projects, including a status report of each project.
(b) The department's financial status, featuring a report of budgeted versus
actual expenditures by part 1 line item including a year-end projection of budget
requirements. If projected department budget requirements exceed the allocated budget,
the report shall include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) A report on the status of performance metrics cited in this part and
information required to be reported in this part.
(d) The number of active employees at the close of the fiscal quarter by job
classification and program.
(e) Evidence of efficiencies and management of funds within established
appropriations.
Sec. 13-222. The appropriations in part 1 are for the core services, support
services, and work projects of the department, including, but not limited to, the
following core services:
(a) Armories and joint force readiness.
(b) National Guard training facilities and air bases.
(c) Michigan youth challeNGe academy.
(d) Military family relief fund.
(e) Starbase grant.
(f) National Guard tuition assistance program.
(g) Michigan veterans affairs agency administration.
(h) Veterans service grants.
(i) Veterans' trust fund administration.
(j) Veterans' trust fund grants.
(k) Board of managers (veterans homes).
(l) Grand Rapids home for veterans.
(m) D.J. Jacobetti home for veterans.
Sec. 13-232. 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, MCL18.1248.
MILITARY
Sec. 13-301. (1) From the funds appropriated in part 1 for military operations,
effective and efficient executive direction and administrative leadership shall be
provided to the department.
(2) The department shall operate and maintain National Guard armories.
(3) The department shall evaluate armories and submit a quarterly report on the
status of the armories.
(4) The department shall maintain a system to measure the condition and adequacy
of the armories.
(5) The Michigan Army National Guard and Air National Guard shall work to provide
a culture that is free of sexual assault, through an environment of prevention,
education and training, response capability, victim support, reporting procedures, and
appropriate accountability that enhances the safety and well-being of all guard
members.
(6) By December 1, the department shall report the following information to the
subcommittees, the senate and house fiscal agencies, and the state budget office:
(a) An assessment of the grounds and facilities of each armory to objectively
measure and determine the current facility condition and capability to support
authorized manpower, unit training, and operations.
(b) Recommendations for the placement of new armories, the relocation or
consolidation of existing armories, or a change in the mission of units assigned to
armories to ideally position the National Guard in current or projected population
centers.
(c) Recommendations for the enhanced use of armories to facilitate family support
programs during deployments.
(d) An analysis of the feasibility, potential costs, and benefits of use of
armories shared with other local, state, or federal agencies to improve responses to
local emergencies as well as the community support provided to armories.
(e) An investment strategy and proposed funding amounts in a prioritized project
list to correct the most critical facility shortfalls across the inventory of armories
in this state.
Sec. 13-302. (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
program 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 program from those youth
served by department of health and human services programs. These eligible youth shall
be given priority for enrollment in the program.
(4) The department shall maintain the staffing and resources necessary to train
at least 144 cadets simultaneously at the Michigan youth challeNGe academy.
(5) The department shall ensure that the average grade level increase for
Michigan youth challeNGe academy graduates is 2 years as measured with the test adult
basic education (TABE) metrics.
(6) Any unexpended private donations to support the Michigan youth challeNGe
academy at the close of the fiscal year shall not lapse to the general fund but shall
be carried forward to the subsequent fiscal year.
Sec. 13-303. (1) The department shall provide grants for disbursement from the
military family relief fund, as provided under the military family relief fund act,
2004 PA 363, MCL 35.1211 to 35.1216, and R 200.5 to R 200.95 of the Michigan
administrative code.
(2) The department shall provide information on the revenues, expenditures for
advertising and assistance grants, and fund balance of the Michigan military family
relief fund, as provided under section 219.
(3) The department shall provide sufficient staffing and other resources to
provide outreach to the Michigan families of members of the reserve component of the
armed forces called into active duty and to support the processing and approval of
grant applications this fiscal year under the Michigan military relief fund and report
those applications as provided in section 219.
Sec. 13-304. (1) The department shall provide Army and Air National Guard forces,
when directed, for state and local emergencies and in support of national military
requirements.
(2) The department shall operate and maintain Army National Guard training
facilities, including Fort Custer and Camp Grayling.
(3) The department shall maintain a system that measures the condition and
adequacy of air facilities using both quality and functionality criteria.
(4) The department shall operate and maintain Air National Guard air bases,
including Selfridge Air National Guard base, Battle Creek Air National Guard base, and
Alpena combat readiness training center.
(5) The department shall provide the following information as provided under
section 219:
(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. 13-305. There is hereby created and established under the jurisdiction and
control of the department a revolving account to be known as the billeting fund
account. All of the fees and other revenues generated from the operation of the
chargeable transient quarters program shall be deposited in the billeting fund
account. Appropriations will be made from the account for the support of program
operations and the maintenance and operations of the chargeable transient quarters
program and will not exceed the estimated revenues for the fiscal year in which they
are made, together with unexpended balances from prior years. The department shall
submit an annual report of operations and expenditures regarding the billeting fund
account to the appropriations committees of the senate and house of representatives,
the house and senate fiscal agencies, and the state budget office at the end of the
fiscal year.
Sec. 13-306. (1) The department shall maintain a National Guard tuition
assistance program for members of the Michigan Air and Army National Guard.
(2) The objective of the National Guard tuition program is to bolster military
readiness by increasing recruitment and retention of Michigan Air and Army National
Guard service members (and to fill federally authorized strength levels for the
state), improve the Michigan Air and Army National Guard's competitive draw from other
military enlistment options in the state, enhance the ability of the Michigan Air and
Army National Guard to compete for members and federal dollars with surrounding
states, and increase the pool of eligible candidates within the Michigan Air and Army
National Guard to become commissioned officers.
(3) The department shall make efforts to increase the number of Michigan Air and
Army National Guard members participating in the program to 1,100 during the fourth
year of the program's existence. To evaluate the effectiveness of the program, the
department shall monitor the number of new recruits and new reenlistments and the
percentage of those who become participants in the program to determine whether the
percentage of authorized Michigan Air and Army National Guard strength obtained and
retained is competitive in comparison with the neighboring air and army national
guards from the states of Illinois, Indiana, Ohio, and Wisconsin.
(4) The general fund/general purpose funds appropriated in part 1 for the
National Guard tuition assistance fund shall be deposited to the restricted Michigan
national guard tuition assistance fund created in section 4 of the Michigan national
guard tuition assistance act, 2014 PA 259, MCL 32.434. All funds in the national
guard tuition assistance fund not to exceed $4,007,000.00 are appropriated and
available for expenditure to support the Michigan national guard tuition assistance
program.
Sec. 13-307. The department shall maintain the starbase program at Air National
Guard facilities, as provided under 10 USC 2193b, to improve the knowledge, skills,
and interest of students, primarily in the fifth grade, in math, science, and
technology. The starbase program is to specifically target minority and at-risk
students for participation.
MICHIGAN VETERANS AFFAIRS AGENCY
Sec. 13-401. The board of managers and Michigan Veterans' Facility Authority
shall exercise certain regulatory and governance authority regarding admission and
member affairs at the Grand Rapids and D.J. Jacobetti homes for veterans. The board of
managers shall also work to represent the interest of the veterans' community in both
advisory and advocacy roles.
Sec. 13-402. (1) The MVAA, the board of managers, and the Michigan Veterans
Facility Authority shall provide compassionate and quality nursing and domiciliary
care services at the Grand Rapids and D.J. Jacobetti homes for veterans so that
members can achieve their highest potential of wellness, independence, self-worth, and
dignity.
(2) The department shall provide resources necessary to provide nursing care
services to veterans in accordance with federal standards and provide the results of
the annual USDVA survey and certification as proof of compliance.
(3) Appropriations in part 1 for the Grand Rapids and the D.J. Jacobetti homes
for veterans shall not be used for any purpose other than for veterans and veterans'
families.
(4) Any contractor providing competency evaluated nursing assistants (CENA) to
the Grand Rapids home for veterans shall ensure that each CENA has at least 8 hours of
training on information provided by the home.
(5) Any contractor providing competency evaluated nursing assistants to the Grand
Rapids home for veterans shall ensure that each CENA has at least 1 eight-hour shift
of shadowing at the veterans' home.
(6) Any contractor providing competency evaluated nursing assistants to the Grand
Rapids home for veterans shall ensure that each CENA is competent in the basic skills
needed to perform his or her assigned duties at the home.
(7) The Grand Rapids home for veterans shall provide each CENA at least 12 hours
of in-service training once that individual has been assigned to the home.
(8) All complaints of abusive or neglectful care at the Grand Rapids and the D.J.
Jacobetti homes for veterans by a resident member, a resident member's family or legal
guardian, or staff of the veterans' homes, received by a supervisor shall be referred
to the director of nursing or his or her designee upon receipt of such complaint. The
director of nursing or his or her designee shall report on not less than a monthly
basis, except that the board of managers may specify a more frequent reporting period,
to the home administrator, board of managers, agency, subcommittees, the senate and
house fiscal agencies, and the state budget office the following information:
(a) A description of the process by which resident members and others may file
complaints of alleged abuse or neglect at the Grand Rapids and the D.J. Jacobetti
homes for veterans.
(b) Summary statistics on the number and general nature of complaints of abuse or
neglect.
(c) Summary statistics on the final disposition of complaints of abuse or neglect
received.
(9) The Grand Rapids and D.J. Jacobetti homes for veterans shall provide an on-
site, board-certified psychiatrist for all resident members with mental health
disorders in order to ensure that those resident members receive needed services in a
professional and timely manner. The Grand Rapids and D.J. Jacobetti homes for veterans
shall provide all members and staff a safe and secure environment.
(10) The Grand Rapids and D.J. Jacobetti homes for veterans shall ensure that
they effectively develop, execute, and monitor all comprehensive care plans in
accordance with federal regulations and their internal policies, with a goal that a
comprehensive care plan is fully developed for all resident members.
(11) The Grand Rapids and D.J. Jacobetti homes for veterans shall implement
controls over their food, maintenance supplies, pharmaceuticals, and medical supplies
inventories.
(12) The Grand Rapids and D.J. Jacobetti homes for veterans shall establish
sufficient controls for calculating resident member maintenance assessments in order
to accurately calculate resident member maintenance assessments for each billing
cycle. The Grand Rapids and D.J. Jacobetti homes for veterans shall establish
sufficient controls to ensure that all past due resident member maintenance
assessments are addressed within 30 days.
(13) The Grand Rapids and D.J. Jacobetti homes for veterans shall establish
sufficient controls over monetary donations and donated goods.
(14) The Grand Rapids and D.J. Jacobetti homes for veterans shall implement
sufficient controls over the handling of resident member funds to ensure the release
of funds within 3 business days upon the resident member leaving the home and to
ensure that a representative of a resident member is provided a full accounting of
that resident member's funds within 10 business days of the death of that resident
member.
(15) The MVAA shall post on its website all policies adopted by the board of
managers, the Michigan Veterans' Facility Authority, and the home related to the
administrative operations of the home.
(16) The process by which visitors, residents, and employees of the Grand Rapids
and D.J. Jacobetti homes for veterans may register complaints shall be displayed in
high-traffic areas throughout the home.
(17) The MVAA shall report its findings regarding the state veterans' homes'
compliance with the requirements and standards under this section in a quarterly
report to the legislature and the state budget office. The quarterly reports shall
include, but are not limited to, the following information:
(a) Quality of care metrics, including:
(i) The number of patient care hours and staffing levels measured against USDVA-
VHA standards.
(ii) Sentinel events reported to the USDVA.
(iii) Fall and wound reports.
(iv) Complaint reports, including abuse and neglect complaints and outcomes of
complaint investigations.
(v) Additional minimum data set quality of care indicators used to measure
quality of care in long-term care facilities.
(b) Quarterly budget update.
(c) An accounting of resident member populations at the Grand Rapids and D.J.
Jacobetti homes for veterans as follows:
(i) By demographics, including period of service, gender, and age.
(ii) By care setting, payment source, and associated revenue projections.
(d) Updates related to the modernization of the Grand Rapids and D.J. Jacobetti
homes for veterans, including information related to the following:
(i) Infrastructure/capital outlay improvements.
(ii) Information technology updates.
(iii) Financial management.
(e) Updates on corrective action status related to any audit and survey findings
until such findings have been fully addressed.
(18) The Grand Rapids and D.J. Jacobetti homes for veterans shall provide to the
subcommittees, the senate and house fiscal agencies, and the state budget office the
results of any annual or for-cause survey conducted by the USDVA-VHA and any
corresponding corrective action plan. This information shall also be made available
publicly through the department's or MVAA's website.
(19) The MVAA shall provide to the legislature and the state budget office
quarterly reports regarding the status of Medicaid certification efforts, including,
but not limited to, descriptions of incremental milestones, associated expenditures,
and the percent of plan completed.
Sec. 13-403. (1) From the increased funds appropriated in part 1 for the D.J.
Jacobetti home for veterans, the department shall pursue compliance with current
Centers for Medicare and Medicaid Services certification standards. The purpose of
this expansion will be to obtain Medicaid certification during fiscal year 2017-2018,
to increase the ability to fully utilize all federal funding available to cover the
cost of care of eligible veterans living at DJJHV, and to improve overall quality of
care for all veterans living at DJJHV.
(2) The department shall identify specific outcomes and performance measures for
this initiative, including, but not limited to, the following:
(a) The quality of care to members of DJJHV shall increase as a result of
increased direct care staffing ratios.
(b) The quality of the care environment at DJJHV shall increase as a result of
facility updates made according to Medicaid specifications to increase members' access
to private and semi-private accommodations.
(c) The quality of care for members of DJJHV shall increase as a result of
increased ability efforts to implement long-term care evidence-based best practices at
DJJHV.
(d) The collection of available federal Medicaid revenue shall increase as a
result of Medicaid certification.
(e) The fiscal stability of DJJHV shall improve due to increased efforts to
collect available federal revenue.
Sec. 13-404. The department shall ensure that the quality of care for members of
the Grand Rapids and D.J. Jacobetti homes for veterans shall exceed the current
quality of care for the full spectrum of health care services as a result of the
upgrades made to the homes to meet the Centers for Medicare and Medicaid Services
certification standards. The department shall provide a quarterly report to the
subcommittees which contains evidence that the quality of care for the full spectrum
of health care services has improved due to those upgrades.
Sec. 13-405. (1) The MVAA shall provide a report, as provided under section 219,
on the financial status of the Michigan veterans' trust fund, including the number and
amount of emergency grants, state administrative expenses, and county administrative
expenses.
(2) The Michigan veterans' trust fund board together with the agency shall
maintain the staffing and resources necessary to process a minimum of 2,000
applications for veterans' trust fund emergency grants.
Sec. 13-406. (1) The MVAA shall provide outreach services to Michigan veterans
that advise them on the benefits to which they are entitled, as provided under
Executive Reorganization Order No. 2013-2, MCL 32.92. The MVAA shall also do the
following:
(a) Maintain the staffing partnerships and other resources necessary to develop
and operate an outreach program that will communicate 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 they are entitled.
(c) Provide sufficient staffing and other resources to approve requests for
military discharge certificates (DD-214) annually.
(d) Continue the process to digitize all medical records, military discharge
documents, and burial records that are currently on paper and microfilm.
(e) Provide a report, as provided under section 219, on the MVAA's performance on
the performance measures, outcomes, and initiatives developed by the agency in the
strategic plan required by section 501 of 2013 PA 9.
(f) Provide a report to the subcommittees, senate and house fiscal agencies, and
the state budget office no later than April 1 providing for the following:
(i) To the extent known, data on the estimated number of homeless veterans, by
county, in this state.
(ii) A summary of the activities and strategies developed to date under the MVAA
community assessment and regional service delivery model pilot.
(2) From the funds appropriated in part 1, the MVAA shall provide for the
regional coordination of services, as follows:
(a) Regional coordinators shall be selected by the MVAA through a grant agreement
with VSOs or by other means.
(b) Regional coordinators shall provide the following services:
(i) Coordinate veteran benefit counselors' efforts throughout a specified region.
(ii) Coordinate services with the department of health and human services and the
department of corrections.
(iii) Coordinate with regional workforce and economic development agencies.
(iv) Coordinate activities among local foundations, nonprofit organizations, and
community groups to improve accessibility, enrollment, and utilization of the array of
health care, education, employment assistance, and quality of life services provided
at the local level.
(c) The MVAA may work with MVAA service officers, regional coordinators, county
veteran counselors, VSO service officers, and other service providers to incorporate
the provision of information relating to mental health care resources into their daily
operations to aid veterans in understanding the mental health care support services
they may be eligible to receive.
(d) The MVAA shall coordinate with the department of health and human services to
identify Medicaid recipients who are veterans and who may be eligible for federal
veterans health care benefits or other benefits, to the extent that the identification
does not violate applicable confidentiality requirements.
(e) The MVAA shall collaborate with the department of corrections to create and
maintain a process by which prisoners can obtain a copy of their DD-214 form or other
military discharge documentation if necessary.
(f) The MVAA shall ensure that all MVAA service officers, VSO service officers,
and regional coordinators receive appropriate training in processing applications for
benefits payable to veterans due to military sexual trauma, post-traumatic stress
disorder, depression, anxiety, substance abuse, or other mental health issues.
(3) The MVAA shall provide claims processing services to Michigan veterans in
support of benefit claims submitted to the USDVA for the health, financial, and
memorial benefits for which they are eligible, and shall do all of the following:
(a) Report the following information as provided in section 219:
(i) The number of benefit claims, by type, submitted to the USDVA by MVAA and
coalition partner veteran service officers.
(ii) The number of fully developed claims, submitted to the USDVA, with an
overall goal of 40% of benefit claims submitted that are considered fully developed by
the USDVA.
(b) Maintain the staffing and resources necessary to process a minimum of 500
claims per year.
(4) The MVAA shall maintain staffing and resources necessary to develop and
implement a process to ensure that all county counselors receive the training and
accreditation necessary to provide quality services to our veterans. The MVAA shall
report information as provided in section 219 on the number and percentage of county
veterans counselors requesting training by the MVAA, with an overall goal of 100% of
county veterans counselors trained.
(5) From the funds appropriated in part 1 for MVAA operations, the MVAA shall
provide grant assistance to enhance the capacity and capabilities of counties in
providing benefit claims assistance. These funds shall be used to continue the
implementation of an Internet-based data system, to increase the number of county
veterans counselors, and to increase the number of counties that provide service to
veterans through county veterans counselors. The MVAA shall provide a report, as
provided in section 219, on the expenditures and activities of the grant funds
directed by this subsection.
(6) From the funds appropriated in part 1 for MVAA, the MVAA is authorized to
expend up to $50,000.00 to hire legal services to represent veterans benefit cases
before federal court to maintain accreditation under 38 CFR 14.628(d)(1)(iv).
Sec. 13-407. (1) The MVAA shall disburse VSO grants to assist them to achieve
agency goals and performance objectives in partnership with the VSOs. Grants to VSOs
will be disbursed to fund programs and projects which are determined by the agency to
meet agency performance objectives and ensure that VSOs communicate the availability
of emergency grants through the Michigan veterans' trust fund. In disbursing veterans
service organization grants, the MVAA shall do the following:
(a) Ensure that each VSO that receives grants is issued performance standards.
(b) Ensure that each VSO that receives grant funds uses those funds for veterans
advocacy and outreach.
(c) Monitor the performance of each VSO that receives grants.
(2) Veterans service organization grants awarded by the MVAA shall provide for
the following, as developed by the MVAA:
(a) The provision of service to veterans statewide, using a regional service
delivery model, with services provided at specified locations and times, including
service provided in state correctional facilities.
(b) The payment of a fixed hourly service rate.
(c) A specified number of service hours within each geographic region of this
state, with a statewide goal based on both current fiscal year appropriations for VSO
grant program and Sec, 406 (2)(b) fixed hourly service rate. The statewide goal will
include service hours provided to eligible incarcerated veterans within 1 year of
their earliest release date.
(d) Use of an MVAA-designated Internet-based claims data system.
(3) The MVAA shall report the following information as provided in section 219:
(a) A summary of activities supported through the appropriation in part 1 for
veterans service organization grants, including separately for each service region,
the amount of expenditures to date, number of service hours, number of claims for
benefits submitted by type of claim, and other information deemed appropriate by the
MVAA.
(b) The number of fully developed claims, by type, submitted to the USDVA by
veterans service organizations, with an overall goal of 40% of benefit claims
submitted that are considered fully developed by the USDVA.
Sec. 13-408. (1) The Michigan veterans' trust fund board together with the MVAA
shall provide emergency grants for disbursement from the Michigan veterans' trust
fund, as provided under the following program authorities:
(a) Sections 37, 38, and 39 of article IX of the state constitution of 1963.
(b) 1946 (1st Ex Sess) PA 9, MCL 35.602 to 35.610.
(c) R 35.1 to R 35.7 of the Michigan administrative code.
(d) R 35.621 to R 35.623 of the Michigan administrative code.
(2) No later than December 1, the MVAA shall provide a detailed report of the
Michigan veterans' trust fund that includes, for the 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 administrative costs and emergency grants.
The report shall also include the number of approved applications, by category of
assistance, and the number of denied applications, by reason of denial. The report
shall also provide an update on the department's efforts to reduce program
administrative costs and maintain the Michigan veterans' trust fund corpus to its
original amount of at least $50,000,000.00.
(3) Any funds not expended or encumbered at the end of the current fiscal year
shall be deposited into the Michigan veterans' trust fund corpus.
CAPITAL OUTLAY
Sec. 13-501. 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.
Sec. 13-502. (1) The appropriations in part 1 for special maintenance - National
Guard shall be carried forward at the end of the fiscal year consistent with section
248 of the management and budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for special maintenance - National Guard shall be expended
in accordance with the requirements of sections 302 and 304 and shall be expended
according to the maintenance priorities of the department to repair and modernize
military training sites and support facilities, including armories, which may include
projects such as roof, HVAC, or boiler replacement, interior renovations, facility
expansion, improvements to parking facilities, and other projects.
(3) The department shall provide a quarterly report as provided under section 219
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. 13-503. (1) The appropriations in part 1 for special maintenance - veterans'
homes shall be carried forward at the end of the fiscal year consistent with section
248 of the management and budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for special maintenance - veterans' homes shall be
expended in accordance with the requirements of section 501 and shall be expended
according to the maintenance priorities of the department to repair and modernize the
state's veterans' homes, which may include projects such as roof, HVAC, or boiler
replacement, interior renovations, facility expansion, improvements to parking
facilities, and other projects designed to enhance the quality of life and medical
care of members.
(3) The MVAA shall provide a quarterly report as provided under section 219
providing information on the status, projected costs, and projected completion date of
current and planned special maintenance projects at the Grand Rapids home for veterans
and D.J. Jacobetti home for veterans funded from capital outlay appropriations made in
part 1 and in prior appropriations years.
ONE-TIME APPROPRIATIONS
Sec. 13-601. (1) The appropriations in part 1 for armory maintenance shall be
carried forward at the end of the fiscal year consistent with section 248 of the
management and budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for armory maintenance shall be expended in accordance
with the requirements of sections 302 and 304 and shall be expended according to the
maintenance priorities of the department to repair and modernize military training
sites and support facilities, including armories.
Article 14
DEPARTMENT OF NATURAL RESOURCES
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 14-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of natural resources are appropriated for the
fiscal year ending September 30, 2018, and are anticipated to be appropriated for the
fiscal year ending September 30, 2019, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in this
part:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 2,264.8 2,263.8
GROSS APPROPRIATION...................................... $ 416,374,300 $ 392,621,900
Total interdepartmental grants and interdepartmental
transfers............................................... 232,200 232,200
ADJUSTED GROSS APPROPRIATION............................. $ 416,142,100 $ 392,389,700
Total federal revenues................................... 70,095,700 70,095,700
Total local revenues..................................... 0 0
Total private revenues................................... 7,446,000 7,446,000
Total other state restricted revenues.................... 274,553,100 273,553,100
State general fund/general purpose....................... $ 64,047,300 $ 41,294,900
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 41,294,900 41,294,900
One-time state general fund/general purpose........... 22,752,400 0
Sec. 14-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 121.1 121.1
Unclassified salaries-6.0 FTE positions.................. $ 776,700 $ 776,700
Accounting service center................................ 1,489,000 1,489,000
Executive direction-11.6 FTE positions................... 2,136,400 2,136,400
Finance and operations-105.5 FTE positions............... 16,581,800 16,581,800
Gifts and pass-through transactions...................... 5,000,000 5,000,000
Legal services-4.0 FTE positions......................... 550,500 550,500
Natural resources commission............................. 77,100 77,100
Property management...................................... 3,711,000 3,711,000
GROSS APPROPRIATION...................................... $ 30,322,500 $ 30,322,500
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 232,200 232,200
Federal revenues:
Other federal revenues................................... 340,700 340,700
Special revenue funds:
Private revenues......................................... 5,000,000 5,000,000
Other state restricted revenues.......................... 21,746,700 21,746,700
State general fund/general purpose....................... $ 3,002,900 $ 3,002,900
Sec. 14-103. DEPARTMENT INITIATIVES
Full-time equated classified positions.................. 16.0 16.0
Great Lakes restoration initiative....................... $ 2,922,000 $ 2,922,000
Invasive species prevention and control-16.0 FTE
positions............................................... 5,031,700 5,031,700
Michigan conservation corps.............................. 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 8,953,700 $ 8,953,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,922,000 2,922,000
Special revenue funds:
State general fund/general purpose....................... $ 6,031,700 $ 6,031,700
Sec. 14-104. COMMUNICATION AND CUSTOMER SERVICES
Full-time equated classified positions.................. 135.3 135.3
Marketing and outreach-80.8 FTE positions................ $ 13,738,800 $ 13,738,800
Michigan historical center-54.5 FTE positions............ 6,013,600 6,013,600
Michigan wildlife council................................ 2,100,000 2,100,000
GROSS APPROPRIATION...................................... $ 21,852,400 $ 21,852,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,558,300 1,558,300
Special revenue funds:
Private revenues......................................... 411,200 411,200
Other state restricted revenues.......................... 14,774,200 14,774,200
State general fund/general purpose....................... $ 5,108,700 $ 5,108,700
Sec. 14-105. WILDLIFE MANAGEMENT
Full-time equated classified positions.................. 227.5 227.5
Natural resources heritage-9.0 FTE positions............. $ 631,300 $ 631,300
Wildlife management-218.5 FTE positions.................. 41,932,700 41,932,700
GROSS APPROPRIATION...................................... $ 42,564,000 $ 42,564,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 25,158,800 25,158,800
Special revenue funds:
Private revenues......................................... 315,700 315,700
Other state restricted revenues.......................... 15,264,300 15,264,300
State general fund/general purpose....................... $ 1,825,200 $ 1,825,200
Sec. 14-106. FISHERIES MANAGEMENT
Full-time equated classified positions.................. 222.5 222.5
Aquatic resource mitigation-2.0 FTE positions............ $ 629,300 $ 629,300
Cormorant population mitigation program.................. 150,000 150,000
Fish production-63.0 FTE positions....................... 10,242,000 10,242,000
Fisheries resource management-157.5 FTE positions........ 20,639,100 20,639,100
GROSS APPROPRIATION...................................... $ 31,660,400 $ 31,660,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 11,292,000 11,292,000
Special revenue funds:
Private revenues......................................... 136,200 136,200
Other state restricted revenues.......................... 19,713,000 19,713,000
State general fund/general purpose....................... $ 519,200 $ 519,200
Sec. 14-107. LAW ENFORCEMENT
Full-time equated classified positions.................. 284.0 284.0
General law enforcement-284.0 FTE positions.............. $ 42,435,200 $ 42,435,200
GROSS APPROPRIATION...................................... $ 42,435,200 $ 42,435,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,510,900 6,510,900
Special revenue funds:
Other state restricted revenues.......................... 24,758,000 24,758,000
State general fund/general purpose....................... $ 11,166,300 $ 11,166,300
Sec. 14-108. PARKS AND RECREATION DIVISION
Full-time equated classified positions.................. 911.9 911.9
Forest recreation and trails-53.0 FTE positions.......... $ 6,172,400 $ 6,172,400
MacMullan conference center-15.0 FTE positions........... 1,156,000 1,156,000
Recreational boating-170.5 FTE positions................. 19,011,000 19,011,000
State parks-673.4 FTE positions.......................... 67,144,900 67,144,900
State parks improvement revenue bonds - debt service..... 1,191,000 1,191,000
GROSS APPROPRIATION...................................... $ 94,675,300 $ 94,675,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,761,200 1,761,200
Special revenue funds:
Private revenues......................................... 428,000 428,000
Other state restricted revenues.......................... 90,013,500 90,013,500
State general fund/general purpose....................... $ 2,472,600 $ 2,472,600
Sec. 14-109. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions.................. 17.0 17.0
Historical facilities system-13.0 FTE positions.......... $ 1,583,700 $ 1,583,700
Mackinac Island state park operations-4.0 FTE positions.. 333,600 333,600
GROSS APPROPRIATION...................................... $ 1,917,300 $ 1,917,300
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 1,711,400 1,711,400
State general fund/general purpose....................... $ 205,900 $ 205,900
Sec. 14-110. FOREST RESOURCES DIVISION
Full-time equated classified positions.................. 328.5 328.5
Forest management and timber market development-195.5
FTE positions........................................... $ 33,780,300 $ 33,780,300
Minerals management-19.0 FTE positions................... 3,144,900 3,144,900
Wildfire protection-114.0 FTE positions.................. 14,758,900 14,758,900
GROSS APPROPRIATION...................................... $ 51,684,100 $ 51,684,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 4,292,500 4,292,500
Special revenue funds:
Private revenues......................................... 1,054,900 1,054,900
Other state restricted revenues.......................... 38,744,700 38,744,700
State general fund/general purpose....................... $ 7,592,000 $ 7,592,000
Sec. 14-111. GRANTS
Dam management grant program............................. $ 350,000 $ 350,000
Deer habitat improvement partnership initiative.......... 200,000 200,000
Federal - clean vessel act grants........................ 400,000 400,000
Federal - forest stewardship grants...................... 2,000,000 2,000,000
Federal - land and water conservation fund payments...... 2,566,900 2,566,900
Federal - rural community fire protection................ 400,000 400,000
Federal - urban forestry grants.......................... 900,000 900,000
Fisheries habitat improvement grants..................... 1,250,000 1,250,000
Grants to communities - federal oil, gas, and timber
payments................................................ 3,450,000 3,450,000
Grants to counties - marine safety....................... 3,074,700 3,074,700
National recreational trails............................. 3,900,000 3,900,000
Nonmotorized trail development and maintenance grants.... 350,000 350,000
Off-road vehicle safety training grants.................. 29,200 29,200
Off-road vehicle trail improvement grants................ 3,706,200 3,706,200
Recreation improvement fund grants....................... 907,100 907,100
Recreation passport local grants......................... 1,500,000 1,500,000
Snowmobile law enforcement grants........................ 380,100 380,100
Snowmobile local grants program.......................... 8,090,400 8,090,400
Trail easements.......................................... 700,000 700,000
Wildlife habitat improvement grants...................... 1,500,000 1,500,000
GROSS APPROPRIATION...................................... $ 35,654,600 $ 35,654,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 15,184,300 15,184,300
Special revenue funds:
Private revenues......................................... 100,000 100,000
Other state restricted revenues.......................... 19,670,300 19,670,300
State general fund/general purpose....................... $ 700,000 $ 700,000
Sec. 14-112. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 10,327,400 $ 10,327,400
GROSS APPROPRIATION...................................... $ 10,327,400 $ 10,327,400
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 9,157,000 9,157,000
State general fund/general purpose....................... $ 1,170,400 $ 1,170,400
Sec. 14-113. CAPITAL OUTLAY
(1) RECREATIONAL LANDS AND INFRASTRUCTURE
State parks repair and maintenance....................... $ 9,500,000 $ 9,500,000
Wetlands restoration, enhancement and acquisition........ 1,500,000 1,500,000
GROSS APPROPRIATION...................................... $ 11,000,000 $ 11,000,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 9,500,000 9,500,000
State general fund/general purpose....................... $ 1,500,000 $ 1,500,000
(2) WATERWAYS BOATING PROGRAM
East Tawas state harbor, Iosco County, harbor
renovation, dock replacements, dredging, fueling
station, new electrical/utilities, phase I (total
authorized cost is increased from $70,000 to
$3,120,000; federal share is increased from $0 to
$1,550,000; state share is increased from $70,000
to $1,570,000).......................................... $ 1,500,000 $ 1,500,000
Local boating infrastructure maintenance and
improvements............................................ 2,500,000 2,500,000
State boating infrastructure maintenance................. 5,575,000 5,575,000
GROSS APPROPRIATION...................................... $ 9,575,000 $ 9,575,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,075,000 1,075,000
Special revenue funds:
Other state restricted revenues.......................... 8,500,000 8,500,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 14-114. ONE-TIME APPROPRIATIONS
Full-time equated classified positions.................. 1.0 0.0
Abandoned mines-1.0 FTE position......................... $ 2,002,400 $ 0
Land ownership tracking system........................... 2,900,000 0
State parks repair and maintenance....................... 10,000,000 0
Trail development........................................ 5,000,000 0
Wetland mitigation bank grants........................... 3,850,000 0
GROSS APPROPRIATION...................................... $ 23,752,400 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 1,000,000 0
State general fund/general purpose....................... $ 22,752,400 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 14-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $338,600,400.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $9,854,300.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
Off-road vehicle trail improvement grants $ 534,500
Dam management grant program............................................ 175,000
Snowmobile law enforcement grants....................................... 380,100
Fisheries habitat improvement grants.................................... 125,000
Grants to counties - marine safety...................................... 1,407,300
Recreation passport local grants........................................ 1,500,000
Wildlife habitat improvement grants..................................... 150,000
Wetland mitigation bank grants.......................................... 2,700,000
Recreation improvement fund grants...................................... 90,700
Local boating infrastructure maintenance and improvements............... 2,500,000
Nonmotorized trail development and maintenance grants................... 262,500
Off-road vehicle safety training grants................................. 29,200
TOTAL..................................................................... $ 9,854,300
Sec. 14-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 14-203. As used in this article:
(a) "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. 14-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 14-205. 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. 14-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 14-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 14-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 14-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 14-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $10,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 14-211. 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. 14-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 14-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 14-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$44,255,600.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $22,774,200.00. Total agency appropriations for retiree
health care legacy costs are estimated at $21,481,400.00.
Sec. 14-215. Appropriations of state restricted game and fish protection funds
have been made in the following amounts to the following departments and agencies:
Legislative auditor general................................. $ 31,300
Attorney general............................................. 756,300
Department of technology, management and budget.............. 492,500
Department of treasury..................................... 3,013,100
Sec. 14-216. Pursuant to section 43703(3) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.43703, there is appropriated from
the game and fish protection trust fund to the game and fish protection account of the
Michigan conservation and recreation legacy fund, $6,000,000.00 for the fiscal year
ending September 30, 2018.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 14-302. The department may charge land acquisition projects appropriated for
the fiscal year ending September 30, 2018, 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. 14-303. As appropriated in part 1, the department may charge both
application fees and transaction fees related to the exchange or sale of state-owned
land or rights in land authorized by part 21 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.2101 to 324.2162. The fees shall be
set by the director of the department at a rate which allows the department to recover
its costs for providing these services.
COMMUNICATION AND CUSTOMER SERVICES
Sec. 14-404. For the purposes of administering the museum store as provided in
section 7a of 1913 PA 271, MCL 399.7a, the department is exempt from section 261 of
the management and budget act, 1984 PA 431, MCL 18.1261.
Sec. 14-405. As appropriated in part 1, proceeds in excess of costs incurred in
the conduct of auctions, sales, or transfers of artifacts no longer considered
suitable for the collections of the state historical museum may be expended upon
receipt for additional material for the collection. The department shall notify the
chairpersons, vice chairpersons, and minority vice chairpersons of the senate and
house appropriations subcommittees on natural resources 1 week prior to any auctions
or sales. Any unexpended funds may be carried forward into the next succeeding fiscal
year.
Sec. 14-406. As appropriated in part 1, funds collected by the department for
historical markers; document reproduction and services; conferences, admissions,
workshops, and training classes; and the use of specialized equipment, facilities,
exhibits, collections, and software shall be used for expenses necessary to provide
the required services. The department may charge fees for the aforementioned services,
including admission fees. Any unexpended funds may be carried forward into the next
succeeding fiscal year.
Sec. 14-408. By October 21, 2017, 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, 2017. 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.
FISHERIES MANAGEMENT
Sec. 14-601. (1) From the appropriation in part 1 for aquatic resource
mitigation, not more than $758,000.00 shall be allocated for grants to watershed
councils, resource development councils, soil conservation districts, local
governmental units, and other nonprofit organizations for stream habitat stabilization
and soil erosion control.
(2) The fisheries division in the department shall develop priority and cost
estimates for all projects recommended for grants under subsection (1).
Sec. 14-603. The department shall provide an annual report to the legislature on
use of funding provided for cormorant management. The department shall use general
fund/general purpose revenue for this purpose and submit revenue appropriated in part
1 for cormorant management to the United States Department of Agriculture Animal and
Plant Health Inspection Service to allow for increased taking of cormorants and their
nests. If any funds appropriated for cormorant management are retained by the
department, or other funds become available for this purpose, the department shall use
those funds to harass cormorants with the goal of reducing foraging attempts on fish
populations.
LAW ENFORCEMENT
Sec. 14-701. From the increased funds appropriated in part 1 for conservation
officers, the department shall hire, train, and outfit 10 detectives and/or
specialists as well as 2 support staff. The primary purpose of the new staff is to
conduct long-term surveillance and covert investigations to combat illegal activities
and enforce regulations.
FOREST RESOURCES DIVISION
Sec. 14-802. From the funds appropriated in part 1, the department shall provide
quarterly reports on the number of acres of state forestland marked or treated for
timber harvest to the senate and house appropriations subcommittees on natural
resources and the standing committees of the senate and house of representatives with
primary responsibility for natural resources issues. The department shall complete and
deliver these reports by 45 days after the end of the fiscal quarter.
Sec. 14-803. In addition to the money appropriated in part 1, the department may
receive and expend money from federal sources to provide response to wildfires as
required by a compact with the federal government. If additional expenditure
authorization is required, the department shall notify the state budget office that
expenditure under this section is required. The department shall notify the house and
senate appropriations subcommittees on natural resources and the house and senate
fiscal agencies of the expenditures under this section by November 1, 2018.
Sec. 14-807. (1) In addition to the funds appropriated in part 1, there is
appropriated from the disaster and emergency contingency fund up to $800,000.00 to
cover costs related to any disaster as defined in section 2 of the emergency
management act, 1976 PA 390, MCL 30.402.
(2) Funds appropriated under subsection (1) shall not be expended unless the
state budget director recommends the expenditure and the department notifies the house
and senate committees on appropriations. By December 1 each year, the department shall
provide a report to the senate and house fiscal agencies and the state budget office
on the use of the disaster and emergency contingency fund during the prior fiscal
year.
(3) If Federal Emergency Management Agency (FEMA) reimbursement is approved for
costs paid from the disaster and emergency contingency fund, the federal revenue shall
be deposited into the disaster and emergency contingency fund.
(4) Unexpended and unencumbered funds remaining in the disaster and emergency
contingency fund at the close of the fiscal year shall not lapse to the general fund
and shall be carried forward and be available for expenditures in subsequent fiscal
years.
GRANTS
Sec. 14-1001. 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, 2017,
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, 2017.
CAPITAL OUTLAY
Sec. 14-1103. 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 APPROPRIATIONS
Sec. 14-1201. From the increased funds appropriated in part 1 for wetland
mitigation banking, the department will increase available wetland mitigation bank
credits with a goal of 1,800. The purpose of this program is to provide affordable
mitigation credits for municipalities and agricultural producers.
Sec. 14-1202. From the increased funds appropriated in part 1 for abandoned mine
shafts, the department will close additional abandoned mine shafts on DNR-management
lands with a goal of 50. The purpose of the program is to remove the potential for
dangerous accidents at those sites.
Article 15
DEPARTMENT OF STATE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 15-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of state are appropriated for the fiscal year
ending September 30, 2018, and are anticipated to be appropriated for the fiscal year
ending September 30, 2019, from the funds indicated in this part. The following is a
summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF STATE
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 1,608.0 1,608.0
GROSS APPROPRIATION...................................... $ 249,358,500 $ 249,358,500
Total interdepartmental grants and interdepartmental
transfers............................................... 20,000,000 20,000,000
ADJUSTED GROSS APPROPRIATION............................. $ 229,358,500 $ 229,358,500
Total federal revenues................................... 1,460,000 1,460,000
Total local revenues..................................... 0 0
Total private revenues................................... 50,100 50,100
Total other state restricted revenues.................... 205,709,400 205,709,400
State general fund/general purpose....................... $ 22,139,000 $ 22,139,000
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 22,139,000 22,139,000
One-time state general fund/general purpose........... 0 0
Sec. 15-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 146.0 146.0
Secretary of state-1.0 FTE position...................... $ 112,500 $ 112,500
Unclassified salaries-5.0 FTE positions.................. 647,700 647,700
Operations-116.0 FTE positions........................... 25,420,300 25,420,300
Executive direction-30.0 FTE positions................... 4,590,000 4,590,000
Property management...................................... 9,758,300 9,758,300
Worker's compensation.................................... 246,200 246,200
GROSS APPROPRIATION...................................... $ 40,775,000 $ 40,775,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 36,084,200 36,084,200
State general fund/general purpose....................... $ 4,690,800 $ 4,690,800
Sec. 15-103. LEGAL SERVICES
Full-time equated classified positions.................. 94.0 94.0
Operations-94.0 FTE positions............................ $ 14,940,200 $ 14,940,200
GROSS APPROPRIATION...................................... $ 14,940,200 $ 14,940,200
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 13,034,100 13,034,100
State general fund/general purpose....................... $ 1,906,100 $ 1,906,100
Sec. 15-104. CUSTOMER DELIVERY SERVICES
Full-time equated classified positions.................. 1,323.0 1,323.0
Branch operations-932.0 FTE positions.................... $ 87,887,700 $ 87,887,700
Central operations-389.0 FTE positions................... 50,617,300 50,617,300
Credit and debit assessment services..................... 8,000,000 8,000,000
Motorcycle safety education administration-2.0 FTE
positions............................................... 337,500 337,500
Motorcycle safety education grants....................... 1,800,000 1,800,000
Organ donor program...................................... 129,100 129,100
GROSS APPROPRIATION...................................... $ 148,771,600 $ 148,771,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation.................... 20,000,000 20,000,000
Federal revenues:
Other federal revenues................................... 1,460,000 1,460,000
Special revenue funds:
Private revenues......................................... 50,100 50,100
Other state restricted revenues.......................... 120,286,900 120,286,900
State general fund/general purpose....................... $ 6,974,600 $ 6,974,600
Sec. 15-105. ELECTION REGULATION
Full-time equated classified positions.................. 45.0 45.0
County clerk education and training fund................. $ 100,000 $ 100,000
Election administration and services-45.0 FTE
positions............................................... 7,209,800 7,209,800
Fees to local units...................................... 109,800 109,800
GROSS APPROPRIATION...................................... $ 7,419,600 $ 7,419,600
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 443,500 443,500
State general fund/general purpose....................... $ 6,976,100 $ 6,976,100
Sec. 15-106. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 37,452,100 $ 37,452,100
GROSS APPROPRIATION...................................... $ 37,452,100 $ 37,452,100
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 35,860,700 35,860,700
State general fund/general purpose....................... $ 1,591,400 $ 1,591,400
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 15-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $227,848,400.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $1,215,900.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF STATE
Fees to local units..................................................... $ 109,800
Motorcycle safety education grants...................................... 1,106,100
TOTAL..................................................................... $ 1,215,900
Sec. 15-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 15-203. As used in this article:
(a) "Department" means the department of state.
(b) "Director" means the secretary of state.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 15-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 15-205. 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. 15-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 15-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 15-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 15-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 15-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $7,500,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $50,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 15-211. 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. 15-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 15-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 15-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$31,170,200.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $16,040,400.00. Total agency appropriations for retiree
health care legacy costs are estimated at $15,129,800.00.
DEPARTMENT OF STATE
Sec. 15-703. From the funds appropriated in part 1, the department of state shall
sell copies of records including, but not limited to, records of motor vehicles, off-
road vehicles, snowmobiles, watercraft, mobile homes, personal identification
cardholders, drivers, and boat operators and shall charge $11.00 per record sold only
as authorized in section 208b of the Michigan vehicle code, 1949 PA 300, MCL 257.208b,
section 7 of 1972 PA 222, MCL 28.297, and sections 80130, 80315, 81114, and 82156 of
the natural resources and environmental protection act, 1994 PA 451, MCL 324.80130,
324.80315, 324.81114, and 324.82156. The revenue received from the sale of records
shall be credited to the transportation administration collection fund created under
section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b. The department
of state shall provide quarterly reports to the legislature 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. 15-704. 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. 15-705. (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 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. 15-707. 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. 15-708. 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. 15-709. 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. 15-711. 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. 15-712. 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. 15-713. (1) The department of state, in collaboration with the gift of life
transplantation society or its successor federally designated organ procurement
organization, may develop and administer a public information campaign concerning the
Michigan organ donor program.
(2) The department of state may solicit funds from any private or public source
to underwrite, in whole or in part, the public information campaign authorized by this
section. The department may accept gifts, donations, contributions, and grants of
money and other property from private and public sources for this purpose. A private
or public funding source underwriting the public information campaign, in whole or in
substantial part, shall receive sponsorship credit for its financial backing.
(3) Funds received under this section, including grants from state and federal
agencies, shall not lapse to the general fund at the end of the fiscal year but shall
remain available for expenditure for the purposes described in this section.
(4) Funding appropriated in part 1 for the organ donor program shall be used for
producing a pamphlet to be distributed with driver licenses and personal
identification cards regarding organ donations. The funds shall be used to update and
print a pamphlet that will explain the organ donor program and encourage people to
become donors by marking a checkoff on driver license and personal identification card
applications.
(5) The pamphlet shall include a return reply form addressed to the gift of life
organization. Funding appropriated in part 1 for the organ donor program shall be used
to pay for return postage costs.
(6) In addition to the appropriations in part 1, the department of state may
receive and expend funds from the organ and tissue donation education fund for
administrative expenses.
Sec. 15-714. (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. 15-715. (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. 15-717. (1) The department of state may accept nonmonetary gifts, donations,
or contributions of property from any private or public source to support, in whole or
in part, the operation of a departmental function relating to licensing, regulation,
or safety. The department may recognize a private or public contributor for making the
contribution. The department may reject a gift, donation, or contribution.
(2) The department of state shall not accept a gift, donation, or contribution
under subsection (1) if receipt of the gift, donation, or contribution is conditioned
upon a commitment of future state funding.
(3) On March 1 of each year, the department of state shall file a report with the
senate and house of representatives standing committees on appropriations, the 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. 15-722. (1) From the funds appropriated in part 1 for information technology
services and projects, the department of state shall establish a legacy modernization
project. The purpose of this program expansion is modernization of the entire system
and removal of existing programs from the legacy mainframes.
(2) The department of state shall provide a report on the status of the legacy
modernization project that includes, but is not limited to, itemization of all
expenditures made on behalf of the project, anticipated completion date of the
project, time frame of each phase of the project, the cost of the project, the number
of employees assigned to implement each phase of the project, the contracts entered
into for the project, anticipated overall cost of the project, and any other
information the department considers necessary. The plan shall be distributed to the
senate and house of representatives standing committees on appropriations
subcommittees on general government, as well as the senate and house fiscal agencies,
and the state budget director by January 1.
Sec. 15-723. From the funds appropriated in part 1 for additional staff in Legal
Services, the department will expand consumer protection programs aimed at fraud
prevention and detection and increase regulatory enforcement to allow for more reviews
of repair facilities and mechanics with the goal of closing cases in less than 180
days.
Article 16
DEPARTMENT OF STATE POLICE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 16-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of state police are appropriated for the fiscal
year ending September 30, 2018, and are anticipated to be appropriated for the fiscal
year ending September 30, 2019, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 3.0 3.0
Full-time equated classified positions.................. 3,437.0 3,437.0
GROSS APPROPRIATION...................................... $ 693,588,900 $ 690,754,200
Total interdepartmental grants and interdepartmental
transfers............................................... 26,221,600 26,221,600
ADJUSTED GROSS APPROPRIATION............................. $ 667,367,300 $ 664,532,600
Total federal revenues................................... 83,662,500 83,662,500
Total local revenues..................................... 5,835,200 5,835,200
Total private revenues................................... 178,100 178,100
Total other state restricted revenues.................... 135,423,700 139,502,900
State general fund/general purpose....................... $ 442,267,800 $ 435,353,900
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 422,490,900 435,353,900
One-time state general fund/general purpose........... 19,776,900 0
Sec. 16-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 3.0 3.0
Full-time equated classified positions.................. 83.0 83.0
Unclassified salaries-3.0 FTE positions.................. $ 586,100 $ 586,100
Accounting service center................................ 1,058,400 1,058,400
Department services-58.0 FTE positions................... 8,831,300 8,831,300
Departmentwide........................................... 40,942,200 43,733,400
Executive direction-25.0 FTE positions................... 4,170,100 4,170,100
GROSS APPROPRIATION...................................... $ 55,588,100 $ 58,379,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections....................... 26,000 26,000
IDG from department of state............................. 1,400 1,400
IDG from department of transportation.................... 3,900 3,900
IDG from department of treasury.......................... 135,800 135,800
IDG from other restricted funding........................ 158,200 158,200
Interdepartmental transfers.............................. 38,200 38,200
Federal revenues:
Other federal revenues................................... 546,000 546,000
Special revenue funds:
Local revenues........................................... 6,200 6,200
Michigan merit award trust fund.......................... 17,600 17,600
Other state restricted revenues.......................... 5,488,600 6,349,800
State general fund/general purpose....................... $ 49,166,200 $ 51,096,200
Sec. 16-103. LAW ENFORCEMENT
Full-time equated classified positions.................. 530.0 530.0
Biometrics and identification-54.0 FTE positions......... $ 9,294,100 $ 9,294,100
Criminal justice information center-134.0 FTE positions.. 19,917,400 19,917,400
Forensic science-270.0 FTE positions..................... 43,876,100 43,896,600
Grants and community services-17.0 FTE positions......... 19,042,500 19,042,500
Training-55.0 FTE positions.............................. 10,466,100 10,466,100
GROSS APPROPRIATION...................................... $ 102,596,200 $ 102,616,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections....................... 318,200 318,200
IDG from department of state............................. 368,700 368,700
IDG from department of transportation.................... 1,197,700 1,197,700
IDG from department of treasury.......................... 664,900 664,900
IDG from other restricted funding........................ 2,398,700 2,398,700
Interdepartmental transfers.............................. 750,000 750,000
Federal revenues:
Other federal revenues................................... 16,409,400 16,409,400
Special revenue funds:
Local revenues........................................... 915,300 915,300
Private revenues......................................... 100,000 100,000
Other state restricted revenues.......................... 32,591,700 32,612,200
State general fund/general purpose....................... $ 46,881,600 $ 46,881,600
Sec. 16-104. COMMISSION ON LAW ENFORCEMENT STANDARDS
Full-time equated classified positions.................. 18.0 18.0
Public safety officers benefit program-1.0 FTE position $ 151,100 $ 151,100
Standards and training/justice training grants-14.0 FTE
positions............................................... 9,887,100 10,464,600
Training only to local units-3.0 FTE positions........... 654,500 654,500
GROSS APPROPRIATION...................................... $ 10,692,700 $ 11,270,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 175,700 175,700
Special revenue funds:
Other state restricted revenues.......................... 9,215,900 9,793,400
State general fund/general purpose....................... $ 1,301,100 $ 1,301,100
Sec. 16-105. FIELD SERVICES
Full-time equated classified positions.................. 2,213.0 2,213.0
Investigative services-180.5 FTE positions............... $ 33,824,800 $ 36,387,000
Post operations-2,002.5 FTE positions.................... 295,519,600 306,452,600
Secure cities partnership-30.0 FTE positions............. 7,831,100 7,831,100
GROSS APPROPRIATION...................................... $ 337,175,500 $ 350,670,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of treasury.......................... 6,096,400 6,096,400
Interdepartmental transfers.............................. 775,200 775,200
Federal revenues:
Other federal revenues................................... 6,675,300 6,675,300
Special revenue funds:
Local revenues........................................... 2,079,400 2,079,400
Michigan merit award trust fund.......................... 819,300 819,300
Other state restricted revenues.......................... 48,700,400 51,262,600
State general fund/general purpose....................... $ 272,029,500 $ 282,962,500
Sec. 16-106. SPECIALIZED SERVICES
Full-time equated classified positions.................. 593.0 593.0
Commercial vehicle enforcement-201.0 FTE positions....... $ 28,721,700 $ 28,772,100
Commercial vehicle regulation-22.0 FTE positions......... 2,226,200 2,226,200
Emergency management and homeland security-67.0 FTE
positions............................................... 16,021,800 16,021,800
Hazardous materials programs-25.0 FTE positions.......... 30,139,700 30,139,700
Highway safety planning-26.0 FTE positions............... 18,001,900 18,001,900
Intelligence operations-184.0 FTE positions.............. 24,804,000 24,811,400
Secondary road patrol program-1.0 FTE position........... 11,069,300 11,069,300
Special operations-67.0 FTE positions.................... 12,012,500 12,012,500
GROSS APPROPRIATION...................................... $ 142,997,100 $ 143,054,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation.................... 10,239,400 10,239,400
IDG from department of treasury.......................... 681,900 681,900
Interdepartmental transfers.............................. 1,902,200 1,902,200
Federal revenues:
Other federal revenues................................... 58,899,000 58,899,000
Special revenue funds:
Local revenues........................................... 1,700,100 1,700,100
Private revenues......................................... 78,100 78,100
Other state restricted revenues.......................... 29,219,100 29,276,900
State general fund/general purpose....................... $ 40,277,300 $ 40,277,300
Sec. 16-107. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 24,762,400 $ 24,762,400
GROSS APPROPRIATION...................................... $ 24,762,400 $ 24,762,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state............................. 3,800 3,800
IDG from department of transportation.................... 256,900 256,900
IDG from department of treasury.......................... 171,100 171,100
IDG from other restricted funding........................ 12,200 12,200
Interdepartmental transfers.............................. 20,800 20,800
Federal revenues:
Other federal revenues................................... 957,100 957,100
Special revenue funds:
Local revenues........................................... 1,134,200 1,134,200
Michigan merit award trust fund.......................... 6,100 6,100
Other state restricted revenues.......................... 9,365,000 9,365,000
State general fund/general purpose....................... $ 12,835,200 $ 12,835,200
Sec. 16-108. ONE-TIME APPROPRIATIONS
Disaster and emergency contingency fund.................. $ 10,000,000 $ 0
Equipment lifecycle replacement - secure cities.......... 1,000,000 0
Fair and impartial policing training grants.............. 1,000,000 0
Forensic science......................................... 730,000 0
Law enforcement job task analysis........................ 200,000 0
Sexual assault prevention and education initiative....... 600,000 0
Trooper school........................................... 6,246,900 0
GROSS APPROPRIATION...................................... $ 19,776,900 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 19,776,900 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 16-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $577,691,500.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $14,113,200.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Standards and training/justice training grants.......................... $ 2,500,100
Training only to local units............................................ 654,500
Secondary road patrol program........................................... 10,958,600
TOTAL..................................................................... $ 14,113,200
Sec. 16-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 16-203. As used in this article:
(a) "CJIS" means Criminal Justice Information Systems.
(b) "Core service" means that phrase as defined in section 373 of the management
and budget act, 1984 PA 431, MCL 18.1373.
(c) "Department" means the department of state police.
(d) "Director" means the director of the department.
(e) "DNA" means deoxyribonucleic acid.
(f) "DTMB" means the department of technology, management and budget.
(g) "FTE" means full-time equated.
(h) "IDG" means interdepartmental grant.
(i) "MCOLES" means the Michigan commission on law enforcement standards.
(j) "Support service" means an activity required to support the ongoing delivery
of core services.
Sec. 16-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 16-205. 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. 16-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 16-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 16-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 16-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 16-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $3,500,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $200,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 16-211. 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. 16-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 16-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 16-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$124,240,400.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $70,149,700.00. Total agency appropriations for retiree
health care legacy costs are estimated at $54,090,700.00.
Sec. 16-215. Based on the availability of federal funding and the demonstrated
need as indicated by applications submitted to the state court administrative office,
the department shall provide $1,500,000.00 in Byrne justice assistance grant program
funding to the judiciary by interdepartmental grant.
Sec. 16-219. The department shall provide quarterly reports to the subcommittees,
the senate and house fiscal agencies, and the state budget office that provide the
following data:
(a) A list of major work projects, including the status of each project.
(b) The department's financial status, featuring a report of budgeted versus
actual expenditures by part 1 line item including a year-end projection of budget
requirements. If projected department budget requirements exceed the allocated budget,
the report shall include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) A report on the performance metrics cited or information required to be
reported in this part, reasons for nonachievement of metric targets, and proposed
corrective actions.
Sec. 16-221. The appropriations in part 1 are for the core services, support
services, and work projects of the department, including, but not limited to, the
following core services:
(a) State security operations.
(b) Training.
(c) Michigan commission on law enforcement standards.
(d) Criminal justice information systems.
(e) Forensic analysis and biometric identification.
(f) Post operations and investigative services.
(g) Special operations.
(h) Intelligence operations.
(i) Commercial vehicle regulation and enforcement.
(j) Emergency management and homeland security.
(k) Highway safety planning.
(l) Secondary road patrol program.
Sec. 16-226. (1) When the department provides contractual services to a local
unit of government, the department shall be reimbursed for all costs incurred in
providing the services, including, but not limited to, retirement and overtime costs.
(2) The department shall define service cost models for those services requiring
reimbursement.
(3) Contractual services provided to an entity other than a local unit of
government may be provided by department personnel, but only on an overtime basis
outside the normal work schedule of the personnel.
(4) This section does not apply to services provided to state agencies.
(5) Revenues received for contractual or reimbursed services in excess of the
appropriation in part 1 are appropriated and may be received and expended by the
department for the purposes for which funds are received.
(6) If additional authorization is approved in the statewide integrated
governmental management application (SIGMA) by the state budget office under this
section, the department shall notify the subcommittees and the senate and house fiscal
agencies within 10 days after the approval. The notification shall include the amount
and funding source of the additional authorization, the date of its approval, and the
projected use of funds to be expended.
Sec. 16-232. 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. 16-238. Money privately donated to the department is appropriated under part
1 to be used for the purposes designated by the donor of the money, if specified.
Sec. 16-241. (1) Federal revenues authorized by and available from the federal
government in excess of the appropriation in part 1 are appropriated and may be
received and expended by the department for purposes authorized under state law and
subject to federal requirements.
(2) If additional authorization is approved in the statewide integrated
governmental management application (SIGMA) by the state budget office under this
section, the department shall notify the subcommittees and the senate and house fiscal
agencies within 10 days after the approval. The notification shall include the amount
and funding source of the additional authorization, the date of its approval, and the
projected use of funds to be expended.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 16-301. (1) The department shall provide security services at the State
Capitol Complex facilities and the State Secondary Complex as provided under section
6c of 1935 PA 59, MCL 28.6c.
(2) The department shall maintain the staff and resources necessary to respond to
emergencies at the State Capitol Complex, State Secondary Complex, House Office
Building, Farnum Building, Capitol parking lot, Townsend Parking Ramp, the Roosevelt
Parking Ramp, and other areas as directed.
(3) The department may develop a phased approach for improving security at the
Capitol Building.
(4) The department shall maintain a goal of annually conducting 35,000 property
inspections of state owned and leased facilities.
LAW ENFORCEMENT
Sec. 16-401. (1) The department shall develop and deliver professional,
innovative, and quality training that supports the law enforcement and public safety
efforts of the criminal justice community.
(2) The department shall provide performance data as provided under section 219
for average classroom occupancy rate, with an annual goal of at least 55%.
(3) The department shall submit a report to the subcommittees and the senate and
house fiscal agencies within 60 days of the conclusion of any trooper, motor carrier,
or state properties security recruit school. The report shall include the following:
(a) The number of veterans and the number of MCOLES-certified police officers who
were admitted to and the number who graduated from the recruit school.
(b) The total number of recruits who were admitted to the school, the number of
recruits who graduated from the school, and the location at which each of these
recruits is assigned.
(4) The department shall distribute and review course evaluations to ensure that
quality training is provided.
Sec. 16-402. (1) In accordance with applicable state and federal laws and
regulations, the department shall maintain and ensure compliance with CJIS databases
and applications in the support of public safety and law enforcement communities.
(2) The department shall improve the accuracy, timeliness, and completeness of
criminal history information by conducting a minimum of 30 outreach activities
targeted to criminal justice agencies.
(3) The department shall provide for the compilation of crime statistics
consistent with the uniform crime reporting (UCR) program and the national incident-
based report system (NIBRS).
(4) The department shall provide for the compilation and evaluation of traffic
crash reports and the maintenance of the state accident data collection system.
(5) The department shall make traffic crash information available to the public
at a reasonable cost. For bulk access to the accident records in which the vehicle
identification number has been collected and computerized, the department shall make
those records available to the public at cost, provided that the name and address have
been excluded.
(6) In accordance with applicable state and federal laws and regulations, the
department shall provide for the maintenance and dissemination of criminal history
records and juvenile records, including to the extent necessary to exchange criminal
history records information with the Federal Bureau of Investigation and other states
through the interstate identification index, the National Crime Information Center,
and other federal CJIS databases and indices.
(7) In accordance with applicable state and federal laws, the department shall
provide for the maintenance of records, including criminal history records regarding
firearms licensure.
(8) The department shall maintain the staff and resources necessary to maintain
the sex offender registry and enforce the registration requirements as provided by
law.
(9) The department shall provide information on the number of background checks
processed through the Internet criminal history access tool (ICHAT) as provided in
section 219.
(10) The following unexpended and unencumbered revenues deposited into the
criminal justice information center service fee 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 pursuant to 1935 PA 120, MCL 28.271 to 28.273.
(b) Fees for application and licensing for initial and renewal concealed pistol
licenses pursuant to 1927 PA 372, MCL 28.421 to 28.435.
(c) Revenue from other sources, including, but not limited to, investment and
interest earnings.
(11) Unexpended and unencumbered revenue generated by state records management
system fees shall not lapse to the general fund, but shall be carried forward into the
subsequent fiscal year.
Sec. 16-403. (1) The department shall provide forensic testing services to aid in
criminal investigations.
(2) The department shall ensure its ability to maintain accreditation by a
federally designated accrediting agency, as provided under 42 USC 14132.
(3) The department shall provide forensic science services with an average
turnaround time of 55 days, assuming an annual caseload volume commensurate with that
received in fiscal year 2012-2013, and shall achieve a goal of a 30-day average
turnaround time across all forensic science disciplines.
(4) The department shall provide the following data as provided in section 219:
(a) The average turnaround time for processing forensic evidence across all
disciplines.
(b) Forensic laboratory staffing levels, including scientists in training, and
vacancies.
(c) The number of backlogged cases in each discipline.
(5) The department shall provide for the forensic testing and analysis/profiling
of DNA evidence to aid criminal investigations by law enforcement agencies in this
state.
Sec. 16-404. (1) The biometrics and identification division shall house and
manage the automated fingerprint identification system, the statewide network of
agency photographs, and combined offender DNA index system biometric databases.
(2) The department shall provide data on the number of 10-print and palm-print
submissions to the database, with a goal of at least 97% of submissions provided
electronically as provided in section 219.
(3) The department shall maintain the staffing and resources necessary to have a
28-day average wait time for scheduling a polygraph examination, assuming an annual
caseload received commensurate with fiscal year 2012-2013, with a goal of achieving a
15-day average wait time.
(4) If changes are made to the department's protocol for retaining and purging
DNA analysis samples and records, the department shall post a copy of the protocol
changes on the department's website.
Sec. 16-405. Not later than December 1 of the subsequent fiscal year, 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 current fiscal
year.
(b) The number of sexual assault kits collected or submitted for analysis during
the current fiscal year.
(c) The number of sexual assault kits analyzed and the number of associated DNA
profiles created and uploaded during the current fiscal year.
(d) Sexual assault kit analysis backlog at the ending of the current fiscal year.
(e) The average turnaround time to analyze sexual assault kits and to create and
upload associated DNA profiles for the current fiscal year.
Sec. 16-406. The department shall provide administrative support for the
following grant and community service programs:
(a) The operations of the automobile theft prevention authority.
(b) Administration of the Edward Byrne memorial justice assistance program and
other grant programs as well as the department's community policing efforts.
(c) Oversight and administration of 9-1-1 operations statewide.
COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 16-501. (1) MCOLES shall establish standards for the selection, employment,
training, education, licensing, and revocation of all law enforcement officers and
provide the basic law enforcement training curriculum for law enforcement training
academy programs statewide.
(2) MCOLES shall maintain staffing and resources necessary to update law
enforcement standards within 120 days of the enactment date of any new legislation.
FIELD SERVICES
Sec. 16-601. (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, shall not be prohibited from responding to crimes in progress or other
emergency situations and are responsible for making every effort to protect all
residents of this state.
(2) The department shall maintain the staffing and resources necessary to
continually work to enhance traffic safety throughout this state and shall dedicate a
minimum of 455,200 hours to statewide patrol, of which a minimum of 40,000 shall be
committed to distressed cities in this state, and 4,000 shall be committed to Belle
Isle. The department shall work to improve public safety efforts within distressed
cities by enhancing data analysis capabilities and identifying crime trends and areas
with high occurrence of crime.
(3) The department shall maintain the staffing and resources necessary to perform
activities to maintain a 93% compliance rate for reporting by registered sex
offenders.
(4) The department shall submit a report on or before December 1 to the
subcommittees and senate and house fiscal agencies regarding the secure cities
partnership during the prior fiscal year.
Sec. 16-602. (1) The department shall identify and apprehend criminals through
criminal investigations in this state.
(2) The department shall maintain the staffing and resources necessary to provide
a comparable number of hours investigating crimes as those performed in fiscal year
2012-2013.
(3) The department shall maintain the staffing and resources necessary to
annually meet or exceed a case clearance rate of 62%.
(4) The department shall annually provide 4 training opportunities to local law
enforcement partners with the goal of increasing their knowledge of gambling laws,
trends, legal issues, and opioid-related investigations.
(5) The department shall maintain the staffing and resources necessary to
increase the number of opioid-related investigations by 20% above the number of such
investigations conducted in the 2014-2015 fiscal year conducted by multijurisdictional
task forces and hometown security teams. The department shall work to enhance
investigative and drug interdiction efforts by enhancing data analysis capabilities
and linking investigations among multijurisdictional task forces and hometown security
teams.
Sec. 16-603. (1) The department shall provide protection to this state, its
economy, welfare, and vital state-sponsored programs through the prevention and
suppression of organized smuggling of untaxed tobacco products in the state, through
enforcement of the tobacco products tax act, 1993 PA327, MCL205.421 to 205.436, and
other laws pertaining to combating criminal activity in this state, by maintaining a
tobacco tax enforcement unit.
(2) The department shall submit an annual report on December 1 to the
subcommittees, the senate and house appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state budget office that
details expenditures and activities related to tobacco tax enforcement for the prior
fiscal year.
(3) The tobacco tax enforcement unit shall dedicate a minimum of 16,600 hours to
tobacco tax enforcement.
Sec. 16-604. (1) The department shall provide fire investigation services to
citizens of this state through training and investigative assistance to public safety
agencies in this state.
(2) The department shall maintain the staffing and resources necessary to
maintain readiness to respond appropriately to at least the number of requests for
fire investigation services that occurred in fiscal year 2010-2011 and shall be
available for call out statewide 100% of the time.
SPECIALIZED SERVICES
Sec. 16-701. (1) The department shall operate the Michigan intelligence operation
center for homeland security as the state's primary federally designated fusion center
to receive, analyze, gather, and disseminate threat-related information among federal,
state, local, tribal, and private sector partners.
(2) The department shall ensure public safety by providing public and private
sector partners with timely and accurate information regarding critical information
key resource threats as reported to or discovered by the Michigan intelligence
operations center for homeland security and shall increase public awareness on how to
report suspicious activity through website or telephone communications.
(3) The department shall maintain the staffing and resources necessary to support
the cyber section, including the Michigan cyber command center, the computer crimes
unit, and the Internet crimes against children task force. The department shall
maintain the staffing and resources necessary to increase the number of cases
completed by the computer crimes unit by 40% above the number of cases completed in
the 2014-2015 fiscal year. The unit shall pursue process improvement initiatives to
effectively utilize staff resources in providing investigatory assistance and
evidentiary analysis for law enforcement and criminal justice agencies statewide.
(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. 16-702. (1) The department shall provide specialized services in support of,
and to enhance, local, state, and federal law enforcement operations within this state
in accordance with all applicable state and federal laws and regulations.
(2) The department shall maintain the staffing and resources necessary to provide
training to maintain readiness to respond appropriately to at least the number of
requests for specialty services which occurred in fiscal year 2010-2011.
(3) The canine unit shall be available for call out statewide 100% of the time.
(4) The bomb squad unit shall be available for call out statewide 100% of the
time.
(5) The emergency support teams shall be available for call out statewide 100% of
the time.
(6) The marine services team shall be available for call out statewide 100% of
the time.
(7) Aviation services shall be available for call out statewide 100% of the time,
unless prohibited by weather or unexpected mechanical breakdowns.
Sec. 16-703. (1) The department shall maintain commercial vehicle regulation,
school bus inspections, and enforcement activities, including enforcement of
requirements concerning size, weight, and load restrictions; operating authority;
registration; fuel taxes; transportation of hazardous materials; operations of new
entrants; and commercial driver's licenses.
(2) The department shall maintain the staffing and resources necessary to meet
inspection goals consistent with the department's federal motor carrier assistance
program activities.
(3) Revenue collected under the motor carrier act, 1933 PA 254, MCL 475.1 to
479.42, shall be expended in accordance with that act. Unexpended and unencumbered
revenues shall not lapse to the general fund but shall be carried forward into the
subsequent fiscal year.
Sec. 16-704. (1) The department shall coordinate the mitigation, preparation,
response, and recovery activities of municipal, county, state, and federal
governments, and other governmental entities, for all hazards, disasters, and
emergencies.
(2) The state director of emergency management may expend money appropriated
under part 1 to call upon any agency or department of the state or any resource of the
state to protect life or property or to provide for the health or safety of the
population in any area of the state in which the governor proclaims a state of
emergency or state of disaster under 1945 PA 302, MCL 10.31 to 10.33, or under the
emergency management act, 1976 PA 390, MCL 30.401 to 30.421. The state director of
emergency management may expend the amounts the director considers necessary to
accomplish these purposes. The director shall submit to the state budget director as
soon as possible a complete report of all actions taken under the authority of this
section. The report shall contain, as a separate item, a statement of all money
expended that is not reimbursable from federal money. The state budget director shall
review the expenditures and submit recommendations to the legislature in regard to any
possible need for a supplemental appropriation.
(3) In addition to the money appropriated in part 1, the department may receive
and expend money from local, private, federal, or state sources for the purpose of
providing emergency management training to local or private interests and for the
purpose of supporting emergency preparedness, response, recovery, and mitigation
activity. If additional expenditure authorization in the statewide integrated
governmental management application (SIGMA) is approved by the state budget office
under this section, the department and the state budget office shall notify the
subcommittees and the senate and house fiscal agencies within 10 days after the
approval. The notification shall include the amount and source and the additional
authorization, the date of its approval, and the projected use of funds to be expended
under the authorization.
(4) The department shall foster, promote, and maintain partnerships to protect
this state and homeland from all hazards.
(5) The department shall maintain the staffing and resources necessary to do all
of the following:
(a) Serve approximately 105 local emergency management preparedness programs and
88 local emergency planning committees in this state.
(b) Operate and maintain the state's emergency operations center and provide
command and control in support of emergency response services.
(c) Maintain readiness, including training and equipment to respond to civil
disorders and natural disasters commensurate with the capabilities of fiscal year
2010-2011.
(d) Perform hazardous materials response training.
(6) The department shall conduct a minimum of 6 training sessions to enhance safe
response in the event of natural or manmade incidents, emergencies, or disasters.
(7) In addition to the funds appropriated in part 1, there is appropriated from
the disaster and emergency contingency fund an amount necessary to cover costs related
to any disaster or emergency as defined in the emergency management act, 1976 PA 390,
MCL 30.401 to 30.421. Funds shall be expended as provided under sections 18 and 19 of
the emergency management act, 1976 PA 390, MCL 30.418 and 30.419, and R 30.51 to R
30.61 of the Michigan administrative code.
(8) Funds in the disaster and emergency contingency fund shall not be expended
unless the state budget director approves the expenditure and the department and the
state budget office notify the senate and house appropriations committees. If
expenditures are made from the disaster and emergency contingency fund during a month,
the department shall submit monthly reports to the house and senate 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
pursuant to 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 house
and senate 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.
Sec. 16-705. The department shall provide for the planning, administration, and
implementation of highway traffic safety programs to save lives and reduce injuries on
Michigan roads in partnership with other public and private organizations.
Sec. 16-706. (1) The department shall provide funding to county sheriff
departments to patrol secondary roads.
(2) The sheriffs' duties under the secondary road patrol program, as outlined in
section 76(2) of 1846 RS 14, MCL 51.76, are to patrol and monitor traffic violations;
to enforce the criminal laws of this state, violations of which are observed by or
brought to the attention of the sheriff's department while patrolling and monitoring
secondary roads; to investigate accidents involving motor vehicles; and to provide
emergency assistance to persons on or near a highway or road the sheriff is patrolling
and monitoring.
(3) The department shall provide the following information on secondary road
patrol activities supported by appropriations in part 1.
(a) The number of funded full-time equivalent county sheriff secondary road
patrol deputies.
(b) The number of hours dedicated to patrol under the secondary road patrol
program, with an annual goal of at least 178,000 hours.
(4) The information required to be reported under subsection (3) shall be
reported on an annual basis.
ONE-TIME APPROPRIATIONS
Sec. 16-902. (1) Funding provided in part 1 for the sexual assault prevention and
education initiative shall be used to provide and administer grants to public or
nonpublic community colleges, colleges, and universities with a physical presence in
the state to address campus sexual assault issues to improve the safety and security
of students, faculty, and staff in campus environments in the state.
(2) Grant funds awarded shall support sexual assault programs, including
education, awareness, prevention, reporting, and bystander intervention programs.
(3) The department shall issue awards no later than December 1, 2017, with a
grant period of 1 year.
(4) The department shall report on grant activities to the subcommittees and the
state budget office by February 28, 2019.
(5) Unexpended and appropriations in part 1 for the sexual assault prevention and
education initiative are designated as work project appropriations. Any unencumbered
or unallotted funds at the end of the fiscal year shall be carried forward into the
succeeding fiscal year. The following is in compliance with section 451a(1) of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide grants for sexual assault education,
awareness, prevention, reporting, and bystander intervention programs.
(b) The project will be accomplished by grants to eligible community colleges,
colleges, and universities.
(c) The total estimated cost of the project is $600,000.00.
(d) The estimated completion date is September 30, 2019.
Article 17
DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 17-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of talent and economic development are
appropriated for the fiscal year ending September 30, 2018, and are anticipated to be
appropriated for the fiscal year ending September 30, 2019, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 1,609.0 1,609.0
GROSS APPROPRIATION...................................... $ 1,143,324,800 $ 1,114,324,800
Total interdepartmental grants and interdepartmental
transfers............................................... 0 0
ADJUSTED GROSS APPROPRIATION............................. $ 1,143,324,800 $ 1,114,324,800
Total federal revenues................................... 762,144,800 762,144,800
Total local revenues..................................... 500,000 500,000
Total private revenues................................... 5,620,900 5,620,900
Total other state restricted revenues.................... 181,556,700 181,556,700
State general fund/general purpose....................... $ 193,502,400 $ 164,502,400
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 164,502,400 164,502,400
One-time state general fund/general purpose........... 29,000,000 0
Sec. 17-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 3.0 3.0
Unclassified salaries-6.0 FTE positions.................. $ 1,086,900 $ 1,086,900
Executive direction and operations-3.0 FTE positions..... 1,397,100 1,397,100
GROSS APPROPRIATION...................................... $ 2,484,000 $ 2,484,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,803,000 1,803,000
Special revenue funds:
Other state restricted revenues.......................... 487,100 487,100
State general fund/general purpose....................... $ 193,900 $ 193,900
Sec. 17-103. MICHIGAN STRATEGIC FUND
Full-time equated classified positions.................. 197.0 197.0
Administrative services-37.0 FTE positions............... $ 6,212,900 $ 6,212,900
Arts and cultural program................................ 10,150,000 10,150,000
Business attraction and community revitalization......... 115,500,000 115,500,000
Community college skilled trades equipment program....... 4,600,000 4,600,000
Community development block grants....................... 47,000,000 47,000,000
Entrepreneurship eco-system.............................. 19,400,000 19,400,000
Facility for rare isotope beams.......................... 7,300,000 7,300,000
Job creation services-160.0 FTE positions................ 22,298,000 22,298,000
Pure Michigan............................................ 34,000,000 34,000,000
GROSS APPROPRIATION...................................... $ 266,460,900 $ 266,460,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 53,936,100 53,936,100
Special revenue funds:
Private revenues......................................... 350,000 350,000
21st century jobs fund................................... 75,000,000 75,000,000
Other state restricted revenues.......................... 5,051,500 5,051,500
State general fund/general purpose....................... $ 132,123,300 $ 132,123,300
Sec. 17-104. TALENT INVESTMENT AGENCY
Full-time equated classified positions.................. 1,087.0 1,087.0
Community ventures-7.0 FTE positions..................... $ 9,806,700 $ 9,806,700
Executive direction-14.0 FTE positions................... 1,991,400 1,991,400
Information technology services and projects............. 22,501,000 22,501,000
Going pro................................................ 30,908,300 30,908,300
Unemployment insurance agency-846.0 FTE positions........ 137,953,400 137,953,400
Workforce development programs........................... 385,822,900 385,822,900
Workforce program administration-220.0 FTE positions..... 32,339,500 32,339,500
GROSS APPROPRIATION...................................... $ 621,323,200 $ 621,323,200
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families................................................ 63,698,800 63,698,800
Other federal revenues................................... 474,846,900 474,846,900
Special revenue funds:
Local revenues........................................... 500,000 500,000
Private revenues......................................... 5,270,900 5,270,900
Other state restricted revenues.......................... 48,782,100 48,782,100
State general fund/general purpose....................... $ 28,224,500 $ 28,224,500
Sec. 17-105. LAND BANK FAST TRACK AUTHORITY
Full-time equated classified positions.................. 6.0 6.0
Land bank fast track authority-6.0 FTE positions......... $ 5,259,100 $ 5,259,100
GROSS APPROPRIATION...................................... $ 5,259,100 $ 5,259,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,000,000 1,000,000
Special revenue funds:
Other state restricted revenues.......................... 298,400 298,400
State general fund/general purpose....................... $ 3,960,700 $ 3,960,700
Sec. 17-106. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions.................. 316.0 316.0
Housing and rental assistance-316.0 FTE positions........ $ 44,372,000 $ 44,372,000
Lighthouse preservation program.......................... 307,500 307,500
Michigan state housing development authority technology
services and projects................................... 3,598,500 3,598,500
Payments on behalf of tenants............................ 166,860,000 166,860,000
Property management...................................... 3,659,600 3,659,600
GROSS APPROPRIATION...................................... $ 218,797,600 $ 218,797,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 166,860,000 166,860,000
Special revenue funds:
Other state restricted revenues.......................... 51,937,600 51,937,600
State general fund/general purpose....................... $ 0 $ 0
Sec. 17-107. ONE-TIME APPROPRIATIONS
Arts and cultural program................................ $ 1,000,000 $ 0
Business attraction and community revitalization......... 10,000,000 0
Project rising tide...................................... 2,000,000 0
Protect and grow......................................... 1,000,000 0
Going pro................................................ 10,000,000 0
Talent marketing......................................... 5,000,000 0
GROSS APPROPRIATION...................................... $ 29,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 29,000,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 17-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $375,059,100.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $34,300,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT
Going pro............................................................... $ 22,000,000
Workforce development programs.......................................... 11,300,000
Arts and cultural program............................................... 1,000,000
TOTAL..................................................................... $ 34,300,000
Sec. 17-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 17-203. As used in this article:
(a) "Department" means the department of talent and economic development.
(b) "Director" means the director of the department.
(c) "DTMB" means the Michigan department of technology, management and budget.
(d) "FTE" means full-time equated.
(e) "Fund" means the Michigan strategic fund.
(f) "MAIN" means the Michigan administrative information network.
(g) "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.
(h) "MEGA" means the Michigan Economic Growth Authority.
(i) "PATH" means Partnership. Accountability. Training. Hope.
(j) "TANF" means Temporary assistance for needy families.
Sec. 17-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 17-205. 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. 17-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 17-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 17-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 17-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 17-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $30,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $10,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 17-211. 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. 17-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 17-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 17-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$32,357,000.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $16,651,100.00. Total agency appropriations for retiree
health care legacy costs are estimated at $15,705,900.00.
Sec. 17-215. 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 senate and house appropriation subcommittees on general government,
the senate and house fiscal agencies, and the state budget office within 10 business
days after receiving any additional pass-through funds.
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Sec. 17-994. In addition to the funds appropriated in part 1, the funds collected
by state historic preservation programs for document reproduction and services and
application fees are appropriated for all expenses necessary to provide the required
services. These funds are available for expenditure when they are received and may be
carried forward into the succeeding fiscal year.
LAND BANK FAST TRACK AUTHORITY
Sec. 17-995. In addition to the amounts appropriated in part 1, the land bank
fast track authority may expend revenues received under the land bank fast track act,
2003 PA 258, MCL 124.751 to 124.774, for the purposes authorized by the act,
including, but not limited to, the acquisition, lease, management, demolition,
maintenance, or rehabilitation of real or personal property, payment of debt service
for notes or bonds issued by the authority, and other expenses to clear or quiet title
property held by the authority.
MICHIGAN STRATEGIC FUND
Sec. 17-1005. In addition to the appropriations in part 1, Travel Michigan may
receive and expend revenue related to the use of "Pure Michigan" and all other
copyrighted slogans and images. This revenue may come from the direct licensing of the
name and image or from the royalty payments from various merchandise sales. Revenue
collected is appropriated for the marketing of the state as a travel destination. The
funds are available for expenditure when they are received by the department of
treasury. The fund shall provide a report that lists the revenues by source received
from the use of "Pure Michigan" and all other copyrighted slogans and images. The
report shall provide a detailed list of expenditures of revenues received under this
section. The report shall be provided to the appropriations subcommittees on general
government, the fiscal agencies, and the state budget office by April 10.
Sec. 17-1008. 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. 17-1009. (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.
Sec. 17-1011. (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 shall be used for the same purposes for which funding
was originally appropriated in this part and part 1.
Sec. 17-1012. (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. 17-1013. As a condition for receiving the appropriations in part 1, any
staff of the MEDC involved in private fundraising 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. 17-1024. From the funds appropriated in part 1 for business attraction and
community revitalization, not less than $20,000,000.00 shall be granted by the fund
board for brownfield redevelopment and historic preservation projects under the
community revitalization program authorized by chapter 8C of the Michigan strategic
fund act, 1984 PA 270, MCL 125.2090 to 125.2090d.
Sec. 17-1032. (1) The department shall report to the subcommittees, the state
budget director, and the fiscal agencies on the status of the film incentives at the
same time as it submits the annual report required under section 455 of the Michigan
business tax act, 2007 PA 36, MCL 208.1455. The department of treasury shall provide
the department of talent and economic development with the data necessary to prepare
the report. Incentives included in the report shall include all of the following:
(a) The tax credit provided under section 455 of the Michigan business tax act,
2007 PA 36, MCL 208.1455.
(b) The tax credit provided under section 457 of the Michigan business tax act,
2007 PA 36, MCL 208.1457.
(c) The tax credit provided under section 459 of the Michigan business tax act,
2007 PA 36, MCL 208.1459.
(d) The amount of any tax credit claimed under former section 367 of the income
tax act of 1967, 1967 PA 281.
(e) Any tax credits provided for film and digital media production under the
Michigan economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810.
(f) Loans to an eligible production company or film and digital media private
equity fund authorized under section 88d(3), (4), and (5) of the Michigan strategic
fund act, 2005 PA 225, 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. 17-1034. Each business incubator or accelerator that received an award from
the fund shall maintain and update a dashboard of indicators to measure the
effectiveness of the business incubator and accelerator programs. Indicators shall
include the direct jobs created, new companies launched as a direct result of business
incubator or accelerator involvement, businesses expanded as a direct result of
business incubator or accelerator involvement, direct investment in client companies,
private equity financing obtained by client companies, grant funding obtained by
client companies, and other measures developed by the recipient business incubators
and accelerators in conjunction with the MEDC. Dashboard indicators shall be reported
for the prior fiscal year and cumulatively, if available. Each recipient shall submit
a copy of their dashboard indicators to the fund by March 1. The fund shall transmit
the local reports to the senate and house of representatives appropriations
subcommittees on general government, the senate and house fiscal agencies, and the
state budget office by March 15.
Sec. 17-1035. From the appropriation in part 1, the Michigan council for arts and
cultural affairs shall administer an arts and cultural grant program that maintains an
equitable geographic distribution of funding and utilizes past arts and cultural grant
programs as a guideline for administering this program. The council shall do all of
the following:
(a) On or before October 1, the fund shall publish proposed application criteria,
instructions, and forms for use by eligible applicants. The fund shall provide at
least a 2-week period for public comment before finalizing the application criteria,
instructions, and forms.
(b) A nonrefundable application fee may be assessed for each application.
Application fees shall be deposited in the council for the arts fund and are
appropriated for expenses necessary to administer the programs. These funds are
available for expenditure when they are received and may be carried forward to the
following fiscal year.
(c) Grants are to be made to public and private arts and cultural entities.
(d) Within 1 business day after the award announcements, the council shall
provide to each member of the legislature and the fiscal agencies a list of all grant
recipients and the total award given to each recipient, sorted by county.
Sec. 17-1036. (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. 17-1038. (1) From the funds appropriated in part 1, the department shall
work with Michigan State University to gather information and create an annual
progress report on the construction of the Facility for Rare Isotope Beams. The report
shall include, but is not limited to, the following information:
(a) If construction is ahead of the scheduled timeline made with the United
States Department of Energy at the end of the previous fiscal year and the number of
weeks.
(b) If the cost of construction is under or over the amount projected for the
previous fiscal year and the amount.
(c) The number of Michigan companies that have been contracted for the project,
the total amount of those contracts, and number of permanent and temporary employees
employed in the previous fiscal year.
(2) The department shall report to the state budget director, appropriations
subcommittees, senate and house appropriation subcommittees on general government, and
senate and house fiscal agencies by March 15. If information is not provided by
Michigan State University by March 15, the department shall provide notice of steps
taken to get the required information and when it will be available.
Sec. 17-1040. As a condition of receiving funds in part 1, the department of
talent and economic development shall utilize MAIN, or a successor DTMB-administered
administrative information system used across state government, as an appropriation
and expenditure reporting system to track all financial transactions with individual
vendors, contractual partners, grantees, recipients of business incentives, and
recipients of other economic assistance. Encumbrances and expenditures shall be
reported in a timely manner.
Sec. 17-1042. For the funds appropriated in part 1 for business attraction and
community revitalization, the fund shall report quarterly on the amount of funds
considered appropriated, pre-encumbered, encumbered, and expended. The report shall
also include a listing of all previous appropriations for business attraction and
community revitalization, or a predecessor, that were considered appropriated, pre-
encumbered, encumbered, or expended that have lapsed back to the fund for any purpose.
The report shall be submitted to the chairpersons of the senate and house of
representatives standing committees on appropriations, the chairpersons of the senate
and house of representatives standing committees on appropriations subcommittees on
general government, the senate and house fiscal agencies, and the state budget office.
Sec. 17-1043. (1) The fund, in conjunction with the department of treasury, shall
report to the senate and house of representatives appropriations subcommittees on
general government, the senate and house fiscal agencies, and the state budget 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 senate and house of representatives
appropriations subcommittees on general government, 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. 17-1050. From the funds appropriated in part 1 for business attraction and
community revitalization, the department shall identify specific outcomes and
performance measures including, but not limited to, the following:
(a) Total verified jobs created during the fiscal year ending September 30, 2018.
(b) Total private investment obtained during the fiscal year ending September 30,
2018.
(c) Amount of private and public square footage created and reactivated during
the fiscal year ending September 30, 2018.
Sec. 17-1051. From the funds appropriated in part 1 for talent marketing, the
department shall identify specific outcomes and performance measures including, but
not limited to, the following:
(a) Number of active job seeker accounts and number of active employer accounts
through the Mitalent.org portal during the fiscal year ending September 30, 2018.
(b) Number of website visits through Mitalent.org and total employment numbers by
job sector as tracked by labor market information during the fiscal year ending
September 30, 2018.
Sec. 17-1052. From the one-time funds appropriated in part 1 for project rising
tide, the department shall identify specific outcomes and performance measures
including, but not limited to, the following:
(a) Number of communities participating in and completing the redevelopment ready
communities best practices evaluation during the fiscal year ending September 30,
2018.
(b) Number of technical assistance projects completed during the fiscal year
ending September 30, 2018.
Sec. 17-1053. From the increased funds appropriated in part 1 for the arts and
cultural program, the department shall identify specific outcomes and performance
measures including, but not limited to, the following:
(a) Number of applications received during the fiscal year ending September 30,
2018.
(b) Number of grants awarded during the fiscal year ending September 30, 2018.
(c) Number of FTEs supported by grants during the fiscal year ending September
30, 2018.
Sec. 17-1054. From the funds appropriated in part 1 for protect and grow, the
department shall identify specific outcomes and performance measures including, but
not limited to, the following:
(a) Funding commitments made by federal and private sources during the fiscal
year ending September 30, 2018.
(b) Dollar amount invested, by location, in Michigan defense infrastructure
during the fiscal year ending September 30, 2018.
TALENT INVESTMENT AGENCY
Sec. 17-1060. The talent investment agency shall administer the PATH training
program in accordance with the requirements of section 407(d) of title IV of the
social security act, 42 USC 607, the state social welfare act, 1939 PA 280, MCL 400.1
to 400.119b, and all other applicable laws and regulations.
Sec. 17-1061. From the funds appropriated in part 1 for workforce programs
subgrantees, the talent investment agency may allocate funding for grants to nonprofit
organizations that offer programs pursuant to the workforce investment act of 1998, 29
USC 2801 to 2945, or the workforce innovation and opportunity act, 29 USC 3101 to
3361, eligible youth focusing on apprenticeship readiness, pre-apprenticeship and
apprenticeship activities, entrepreneurship, work-readiness skills, job shadowing, and
financial literacy. Organizations eligible for funding under this section must have
the capacity to provide similar programs in urban areas, as determined by the United
States Bureau of the Census according to the most recent federal decennial census.
Additionally, programs eligible for funding under this section must include the
participation of local business partners. The talent investment agency shall develop
other appropriate eligibility requirements to ensure compliance with applicable
federal rules and regulations.
Sec. 17-1062. The talent investment agency shall make available, in person or by
telephone, 1 disabled veterans outreach program specialist or local veterans
employment representative to Michigan Works! service centers, as resources permit,
during hours of operation, and shall continue to make the appropriate placement of
veterans and disabled veterans a priority.
Sec. 17-1063. (1) In addition to the funds appropriated in part 1, any
unencumbered and unrestricted federal workforce investment act of 1998, 29 USC 2801 to
2945, 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
subcommittees, the fiscal agencies, and the state budget office on the amount by
fiscal year of federal workforce investment act of 1998, 29 USC 2801 to 2945,
workforce innovation and opportunity act, 29 USC 3101 to 3361, funds appropriated
under this section.
Sec. 17-1065. The talent investment agency shall publish data and reports
annually by February 15 on the agency website concerning the status of career
technology and going pro funded in part 1. The report shall include the following:
(a) The number of awardees participating in the program and the names of those
awardees organized by major industry group.
(b) The amount of funding received by each awardee under the program.
(c) Amount of funding leveraged from each awardee or other funding source for
each awardee project.
(d) Training models established by each awardee.
(e) The number of individuals enrolled in a skilled trades training program by
awardee.
(f) The number of individuals who completed the program and were hired by
awardee.
(g) The number of applications received and the number of applications approved
for each region.
(h) The talent investment agency shall expand workforce training and reemployment
services to better connect workers to in-demand jobs and identify specific outcomes
with performance metrics for this initiative, including, but not limited to, new
apprenticeships, jobs created, jobs retained, training completed, and employment
retention rate at 6 months, and hourly wage at 6 months.
Sec. 17-1066. As a condition of receiving funds in part 1 for going pro, the
talent investment agency shall administer the program as follows:
(a) The talent investment agency shall work cooperatively with grantees to
maximize the amount of funds from part 1 that are available for direct training.
(b) The talent investment agency, workforce development partners, including
regional Michigan Works! agencies, and employers shall collaborate and work
cooperatively to prioritize and streamline the expenditure of the funds appropriated
in part 1. The talent investment agency shall ensure that going pro provides a
collaborative statewide network of workforce and employee skill development partners
that addresses the employee talent needs throughout the state.
(c) The talent investment agency shall ensure that grants are utilized for
individual skill enhancement and to address in-demand talent needs in Michigan.
(d) The talent investment agency shall develop program goals and detailed
guidance for prospective participants to follow to qualify under the program. The
program goals and detailed guidance shall be posted on the talent investment agency
website and distributed to workforce development partners, including local Michigan
Works! agencies, by October 1. Periodic assessments of employer and employee needs
shall be evaluated on a regional basis, and the talent investment agency shall
identify solutions and goals to be implemented to satisfy those needs. The talent
investment agency shall notify the senate and house of representatives standing
committees on appropriations, the senate and house of representatives standing
committees on appropriations subcommittees on general government, the senate and house
fiscal agencies, and the state budget 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 the program.
(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. 17-1068. (1) Of the funds appropriated in part 1 for the workforce training
programs, the talent investment agency shall provide a report by March 15 to the
senate and house of representatives standing committees on appropriations
subcommittees on general government, the state budget director, and the fiscal
agencies on the status of the workforce training programs. The report shall include
the following:
(a) The amount of funding allocated to each Michigan Works! agency and the total
funding allocated to the workforce training programs statewide by fund source.
(b) The number of participants enrolled in education or training programs by each
Michigan Works! agency.
(c) The average duration of training for training program participants by each
Michigan Works! agency.
(d) The number of participants enrolled in remedial education programs and the
number of participants enrolled in literacy programs.
(e) The number of participants enrolled in programs at 2-year institutions.
(f) The number of participants enrolled in 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. 17-1078. (1) From the funds appropriated in part 1 for the unemployment
insurance agency, the talent investment agency shall maintain customer service
standards for employers and claimants making use of the various means by which they
can access the system.
(2) The talent investment agency shall identify specific outcomes and performance
metrics for this initiative, including, but not limited to, the following:
(a) Unemployment benefit fund balance.
(b) Process improvement - fiscal integrity.
(c) Process improvement - determination timeliness.
(d) Process improvement - determination quality.
Sec. 17-1079. (1) The talent investment agency shall extend the interagency
agreement with the department of health and human services for the duration of the
current fiscal year, which concerns TANF funding to provide job readiness and welfare-
to-work programming. The interagency agreement shall include specific outcome and
performance reporting requirements as described in this section. TANF funding provided
to the talent investment agency in the current fiscal year is contingent on compliance
with the data and reporting requirements described in this section. The interagency
agreement shall require the talent investment agency to provide all of the following
items for the previous year to the senate and house appropriations committees by
January 1 of the current fiscal year:
(a) An itemized spending report on TANF funding, including all of the following:
(i) Direct services to clients.
(ii) Administrative expenditures.
(b) The number of family independence program clients served through the TANF
funding, including all of the following:
(i) The number and percentage who obtained employment through Michigan Works!.
(ii) The number and percentage who fulfilled their TANF work requirement through
other job readiness programming.
(iii) Average TANF spending per client.
(iv) The number and percentage of clients who were referred to Michigan Works!
but did not receive a job or job readiness placement and the reasons why.
(2) Not later than March 15 of the current fiscal year, the department shall
provide to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the senate and house policy offices an
annual report on the following matters itemized by Michigan Works! agency: the number
of referrals to Michigan Works! job readiness programs, the number of referrals to
Michigan Works! job readiness programs who became a participant in the Michigan Works!
job readiness programs, the number of participants who obtained employment, and the
cost per participant case.
Sec. 17-1080. (1) From the funds appropriated in part 1 for community ventures,
the department of talent and economic development may expend not more than
$2,000,000.00 of the funds as matching funds upon the commitment of matching dollars
from private sources. For every $1.00 the department of talent and economic
development elects to receive from a private source for the purposes of a community
ventures program match, the department of talent and economic development shall expend
$1.00 from the appropriation in part 1 up to $2,000,000.00. Funds received from
private sources for a community ventures program match are appropriated upon receipt
and shall be expended for the purposes of the community ventures program.
(2) The department 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. 17-1084. From the funds appropriated in part 1 for going pro, the department
shall identify specific outcomes and performance measures including, but not limited
to, the following:
(a) Number of job training grants awarded to employers during the fiscal year
ending September 30, 2018.
(b) Number of individuals enrolled in and completing training during the fiscal
year ending September 30, 2018.
(c) Number of new jobs and apprenticeships created during the fiscal year ending
September 30, 2018.
Article 18
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 18-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of technology, management and budget are
appropriated for the fiscal year ending September 30, 2018, and are anticipated to be
appropriated for the fiscal year ending September 30, 2019, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 2,937.0 2,927.0
GROSS APPROPRIATION...................................... $ 1,405,543,900 $ 1,324,605,100
Total interdepartmental grants and interdepartmental
transfers............................................... 713,959,000 713,959,000
ADJUSTED GROSS APPROPRIATION............................. $ 691,584,900 $ 610,646,100
Total federal revenues................................... 4,985,300 4,985,300
Total local revenues..................................... 2,316,700 2,316,700
Total private revenues................................... 127,700 127,700
Total other state restricted revenues.................... 111,399,300 111,399,300
State general fund/general purpose....................... $ 572,755,900 $ 491,817,100
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 491,817,100 491,817,100
One-time state general fund/general purpose........... 80,938,800 0
Sec. 18-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 800.5 800.5
Unclassified salaries-6.0 FTE positions.................. $ 1,031,500 $ 1,031,500
Administrative services-133.5 FTE positions.............. 17,551,800 17,551,800
Budget and financial management-203.0 FTE positions...... 38,842,600 38,842,600
Building operation services-212.0 FTE positions.......... 92,591,700 92,591,700
Bureau of labor market information and strategies-44.0
FTE positions........................................... 5,772,400 5,772,400
Business support services-98.0 FTE positions............. 11,679,700 11,679,700
Design and construction services-40.0 FTE positions...... 6,520,000 6,520,000
Executive operations-12.0 FTE positions.................. 2,387,400 2,387,400
Motor vehicle fleet-35.0 FTE positions................... 74,299,300 74,299,300
Office of the state employer-23.0 FTE positions.......... 3,484,600 3,484,600
Property management...................................... 7,817,400 7,817,400
GROSS APPROPRIATION...................................... $ 261,978,400 $ 261,978,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human services......... 710,300 710,300
IDG from department of licensing and regulatory affairs.. 100,000 100,000
IDG from other restricted funding........................ 188,778,700 188,778,700
Federal revenues:
Other federal revenues................................... 4,985,300 4,985,300
Special revenue funds:
Local revenues........................................... 86,900 86,900
Private revenues......................................... 127,700 127,700
Other state restricted revenues.......................... 23,673,500 23,673,500
State general fund/general purpose....................... $ 43,516,000 $ 43,516,000
Sec. 18-103. TECHNOLOGY SERVICES
Full-time equated classified positions.................. 1,484.5 1,484.5
Education services-29.0 FTE positions.................... $ 4,148,000 $ 4,148,000
General services-315.5 FTE positions..................... 107,508,000 107,508,000
Health and human services-617.5 FTE positions............ 297,460,500 297,460,500
Public protection-155.5 FTE positions.................... 57,780,400 57,780,400
Resources services-146.5 FTE positions................... 20,716,900 20,716,900
Transportation services-89.5 FTE positions............... 32,873,300 32,873,300
Enterprise identity management-6.0 FTE positions......... 9,335,600 9,335,600
Information technology investment fund................... 65,000,000 65,000,000
Homeland security initiative/cyber security-25.0 FTE
positions............................................... 16,169,300 16,169,300
Michigan public safety communications system-100.0 FTE
positions............................................... 40,174,500 40,174,500
GROSS APPROPRIATION...................................... $ 651,166,500 $ 651,166,500
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 520,487,100 520,487,100
Special revenue funds:
Local revenues........................................... 2,229,800 2,229,800
State general fund/general purpose....................... $ 128,449,600 $ 128,449,600
Sec. 18-104. STATEWIDE APPROPRIATIONS
Professional development fund - NEREs.................... $ 250,000 $ 250,000
Professional development fund - UAW...................... 700,000 700,000
GROSS APPROPRIATION...................................... $ 950,000 $ 950,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 950,000 950,000
Special revenue funds:
State general fund/general purpose....................... $ 0 $ 0
Sec. 18-105. SPECIAL PROGRAMS
Full-time equated classified positions.................. 192.0 192.0
Office of children's ombudsman-14.0 FTE positions........ $ 1,814,900 $ 1,814,900
Property management - executive/legislative.............. 1,223,400 1,223,400
Public private partnership............................... 1,500,000 1,500,000
Regional prosperity grants............................... 2,500,000 2,500,000
Retirement services-167.0 FTE positions.................. 29,277,600 29,277,600
School reform office operations-11.0 FTE positions....... 3,115,100 3,115,100
GROSS APPROPRIATION...................................... $ 39,431,000 $ 39,431,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 25,373,800 25,373,800
State general fund/general purpose....................... $ 14,057,200 $ 14,057,200
Sec. 18-106. STATE BUILDING AUTHORITY RENT
State building authority rent - community colleges....... $ 30,879,600 $ 30,879,600
State building authority rent - department of
corrections............................................. 21,029,900 21,029,900
State building authority rent - state agencies........... 49,665,800 49,665,800
State building authority rent - universities............. 144,995,300 144,995,300
GROSS APPROPRIATION...................................... $ 246,570,600 $ 246,570,600
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 246,570,600 $ 246,570,600
Sec. 18-107. CIVIL SERVICE COMMISSION
Full-time equated classified positions.................. 450.0 450.0
Agency services-74.0 FTE positions....................... $ 13,186,400 $ 13,186,400
Employee benefits-16.0 FTE positions..................... 5,713,900 5,713,900
Executive direction-40.0 FTE positions................... 9,428,500 9,428,500
Human resources operations-320.0 FTE positions........... 38,323,700 38,323,700
Information technology services and projects............. 3,381,900 3,381,900
GROSS APPROPRIATION...................................... $ 70,034,400 $ 70,034,400
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 46,479,900 46,479,900
State general fund/general purpose....................... $ 23,554,500 $ 23,554,500
Sec. 18-108. CAPITAL OUTLAY
Enterprisewide special maintenance for state facilities $ 26,000,000 $ 26,000,000
Major special maintenance, remodeling, and additions
for state agencies...................................... 2,000,000 2,000,000
GROSS APPROPRIATION...................................... $ 28,000,000 $ 28,000,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 2,000,000 2,000,000
Special revenue funds:
State general fund/general purpose....................... $ 26,000,000 $ 26,000,000
Sec. 18-109. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 26,474,200 $ 26,474,200
GROSS APPROPRIATION...................................... $ 26,474,200 $ 26,474,200
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 932,900 932,900
Special revenue funds:
Other state restricted revenues.......................... 15,872,100 15,872,100
State general fund/general purpose....................... $ 9,669,200 $ 9,669,200
Sec. 18-110. ONE-TIME APPROPRIATIONS
Full-time equated classified positions.................. 10.0 0.0
Capital outlay - university, community college and
state agency planning authorization - department of
health and human services, Caro center replacement –
new state psychiatric hospital - for program and
planning to be paid for from state resources
(estimated total authorized cost $115,000,000; state
building authority share $114,499,900; general fund
share $500,100)......................................... $ 100 $ 0
Capital outlay - university, community college and
state agency planning authorization - department of
technology, management and budget, Secondary Complex –
Secretary of State Building addition - for program and
planning to be paid for from state resources
(estimated total authorized cost $34,100,000; state
building authority share $34,099,900; general fund
share $100)............................................. 100 0
Capital outlay - university, community college and
state agency planning authorization - Henry Ford
college, entrepreneur and innovation institute/
technology building renovation and addition – for
program and planning to be paid for from community
college resources (estimated total authorized cost
$14,900,000; community college share $8,200,000;
state building authority share $6,699,900; general
fund share $100)........................................ 100 0
Capital outlay - university, community college and
state agency planning authorization - Wayne state
university, STEM innovation learning center – for
program and planning to be paid for from university
resources (estimated total authorized cost
$29,500,000; university share $14,750,000; state
building authority share $14,749,900; general fund
share $100)............................................. 100 0
Capital outlay - university, community college and
state agency planning authorization - Saginaw valley
state university, college of business and management
expansion - for program and planning to be paid for
from university resources (estimated total authorized
cost $17,500,000; university share $7,700,000; state
building authority share $9,799,900; general fund
share $100)............................................. 100 0
Capital outlay - university, community college and
State ...... agency planning authorization - St. Clair
county community college, health sciences - AJ Theisen
building renovation - for program and planning to be
paid for from community college resources (estimated
total authorized cost $9,800,000; community college
share $4,900,000; state building authority share
$4,899,900; general fund share $100).................... 100 0
Capital outlay - university, community college and
state agency planning authorization – Michigan
technology university, H-STEM engineering and health
technologies complex, phase I - for program and
planning to be paid for from university resources
(estimated total authorized cost $39,600,000;
university share $9,900,000; state building authority
share $29,699,900; general fund share $100)............. 100 0
Citizen centric government information technology
project................................................. 5,534,300 0
Drinking water declaration of emergency reserve fund..... 25,000,000 0
Homeland security initiative/cyber security.............. 4,000,000 0
Information technology investment fund................... 7,500,000 0
Michigan infrastructure fund deposit..................... 20,000,000 0
Michigan public safety communications system lifecycle
replacement............................................. 5,000,000 0
MAIN operations for fiscal year 2017 closeout............ 2,087,600 0
Michigan.gov content management system................... 9,050,000 0
School reform office - performance information system
upgrade................................................. 353,000 0
SIGMA transition support-10.0 FTE positions.............. 2,413,200 0
GROSS APPROPRIATION...................................... $ 80,938,800 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 80,938,800 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 18-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $684,155,200.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $2,500,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
Regional prosperity grants.............................................. $ 2,500,000
TOTAL..................................................................... $ 2,500,000
Sec. 18-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 18-203. As used in this article:
(a) "COBRA" means the consolidated omnibus budget reconciliation act of 1985,
Public Law 99-272, 100 Stat 82.
(b) "Department" means the department of technology, management and budget.
(c) "Director" means the director of the department.
(d) "FTE" means full-time equated.
(e) "IDG" means interdepartmental grant.
(f) "IT" means information technology.
(g) "ITIF" means information technology investment fund.
(h) "JCOS" means the joint capital outlay subcommittee.
(i) "MAIN" means the Michigan administrative information network.
(j) "MDHHS" means the Michigan department of health and human services.
(k) "MDLARA" means the Michigan department of licensing and regulatory affairs
(l) "MPSCS" means the Michigan public safety communication system.
(m) "NERE" means nonexclusively represented employees.
(n) "ORS" means the office of retirement systems.
(o) "State building authority" means the authority created under 1964 PA 183, MCL
830.411 to 830.425.
(p) "STEM" means science, technology, engineering and mathematics.
(q) "UAW" means the united auto workers.
Sec. 18-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 18-205. 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. 18-206. The director of each department 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. 18-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 18-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 18-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 18-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $4,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $8,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $150,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 18-211. 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. 18-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 18-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 18-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$84,145,300.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $43,301,700.00. Total agency appropriations for retiree
health care legacy costs are estimated at $40,843,600.00.
Sec. 18-215. In addition to the general fund/general purpose appropriations for
special maintenance, remodeling, and addition - state facilities in part 1, there is
also appropriated related federal and state restricted funds up to the amounts that
will be earned based upon the initiatives undertaken with the funds in part 1. The
state budget director shall determine and authorize the appropriate manner for
implementing this section.
Sec. 18-216. In addition to the general fund/general purpose appropriations for
enterprisewide information technology investments in part 1, there is also
appropriated related federal and state restricted funds up to the amounts that will be
earned based upon the initiatives undertaken with the funds in part 1. The state
budget director shall determine and authorize the appropriate manner for implementing
this section.
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
Sec. 18-802. Proceeds in excess of necessary costs incurred in the conduct of
transfers or auctions of state surplus, salvage, or scrap property made pursuant to
section 267 of the management and budget act, 1984 PA 431, MCL 18.1267, are
appropriated to the department to offset costs incurred in the acquisition and
distribution of federal surplus property. The department shall provide consolidated
Internet auction services through the state's contractors for all local units of
government.
Sec. 18-803. (1) The department may receive and expend funds in addition to those
authorized by part 1 for maintenance and operation services provided specifically to
other principal executive departments or state agencies, the legislative branch, the
judicial branch, or private tenants, or provided in connection with facilities
transferred to the operational jurisdiction of the department.
(2) The department may receive and expend funds in addition to those authorized
by part 1 for real estate, architectural, design, and engineering services provided
specifically to other principal executive departments or state agencies, the
legislative branch, the judicial branch, or private tenants.
(3) The department may receive and expend funds in addition to those authorized
in part 1 for mail pickup and delivery services provided specifically to other
principal executive departments and state agencies, the legislative branch, or the
judicial branch.
(4) The department may receive and expend funds in addition to those authorized
in part 1 for purchasing services provided specifically to other principal executive
departments and state agencies, the legislative branch, or the judicial branch.
Sec. 18-804. (1) The source of financing in part 1 for statewide appropriations
shall be funded by assessments against longevity and insurance appropriations
throughout state government in a manner prescribed by the department. Funds shall be
used as specified in joint labor/management agreements or through the coordinated
compensation hearings process. Any deposits made under this subsection and any
unencumbered funds are restricted revenues, may be carried over into the succeeding
fiscal years, and are appropriated.
(2) In addition to the funds appropriated in part 1 for statewide appropriations,
the department may receive and expend funds in such additional amounts as may be
specified in joint labor/management agreements or through the coordinated compensation
hearings process in the same manner and subject to the same conditions as prescribed
in subsection (1).
Sec. 18-805. To the extent a specific appropriation is required for a detailed
source of financing included in part 1 for the department appropriations financed from
special revenue and internal service and pension trust funds, or MAIN user charges,
the specific amounts are appropriated within the special revenue internal service and
pension trust funds in portions not to exceed the aggregate amount appropriated in
part 1.
Sec. 18-806. In addition to the funds appropriated in part 1, the department may
receive and expend funds from other principal executive departments and state agencies
to implement administrative leave bank transfer provisions as may be specified in
joint labor/management agreements. The amounts may also be transferred to other
principal executive departments and state agencies under the joint agreement and any
amounts transferred under the joint agreement are authorized for receipt and
expenditure by the receiving principal executive department or state agency. Any
amounts received by the department under this section and intended, under the joint
labor/management agreements, to be available for use beyond the close of the fiscal
year and any unencumbered funds may be carried over into the succeeding fiscal year.
Sec. 18-807. The source of financing in part 1 for the Michigan administrative
information network and statewide integrated governmental management applications
shall be funded by proportionate charges assessed against the respective state funds
benefiting from this project in the amounts determined by the department.
Sec. 18-808. (1) Deposits against the interdepartmental grant from building
occupancy and parking charges appropriated in part 1 shall be collected, in part, from
state agencies, the legislative branch, and the judicial branch based on estimated
costs associated with maintenance and operation of buildings managed by the
department. To the extent excess revenues are collected due to estimates of building
occupancy charges exceeding actual costs, the excess revenues may be carried forward
into succeeding fiscal years for the purpose of returning funds to state agencies.
(2) Appropriations in part 1 to the department for management and budget services
from building occupancy charges and parking charges, may be increased to return excess
revenue collected to state agencies.
Sec. 18-809. On a quarterly basis, the department shall notify the chairpersons
of the senate and house of representatives standing committees on appropriations, the
chairpersons of the senate and house of representatives standing committees on
appropriations subcommittees on general government, the house and senate fiscal
agencies, and the state budget director on any revisions that increase or decrease
current contracts by more than $500,000.00 for computer software development, hardware
acquisition, or quality assurance.
Sec. 18-811. The department may receive and expend funds from the Vietnam
veterans memorial monument fund as provided in the Michigan Vietnam veterans memorial
act, 1988 PA 234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated when
received and may be expended upon receipt.
Sec. 18-812. The Michigan veterans' memorial park commission may receive and
expend money from any source, public or private, including, but not limited to, gifts,
grants, donations of money, and government appropriations, for the purposes described
in Executive Order No. 2001-10. Funds are appropriated and allocated when received and
may be expended upon receipt. Any deposits made under this section and unencumbered
funds are restricted revenues and may be carried over into succeeding fiscal years.
Sec. 18-813. (1) Funds in part 1 for motor vehicle fleet are appropriated to the
department for administration and for the acquisition, lease, operation, maintenance,
repair, replacement, and disposal of state motor vehicles.
(2) The appropriation in part 1 for motor vehicle fleet shall be funded by
revenue from rates charged to principal executive departments and agencies for
utilizing vehicle travel services provided by the department. Revenue in excess of the
amount appropriated in part 1 from the motor transport fund and any unencumbered funds
are restricted revenues and may be carried over into the succeeding fiscal year.
(3) Pursuant to the department's authority under sections 213 and 215 of the
management and budget act, 1984 PA 431, MCL 18.1213 and 18.1215, the department shall
maintain a plan regarding the operation of the motor vehicle fleet. The plan shall
include the number of vehicles assigned to, or authorized for use by, state
departments and agencies, efforts to reduce travel expenditures, the number of cars in
the motor vehicle fleet, the number of miles driven by fleet vehicles, and the number
of gallons of fuel consumed by fleet vehicles. The plan shall include a calculation of
the amount of state motor vehicle fuel taxes that would have been incurred by fleet
vehicles if fleet vehicles were required by law to pay motor fuel taxes. The plan
shall include a description of fleet garage operations, the goods sold and services
provided by the fleet garage, the cost to operate the fleet garage, the number of
fleet garage locations, and the number of employees assigned to each fleet garage. The
plan may be adjusted during the fiscal year based on needs and cost savings to achieve
the maximum value and efficiency from the state motor fleet. Within 60 days after the
close of the fiscal year, the department shall provide a report to the senate and
house of representatives standing committees on appropriations, the senate and house
fiscal agencies, and the state budget director detailing the current plan and changes
made to the plan during the fiscal year.
(4) The department may charge state agencies for fuel cost increases that exceed
$3.04 per gallon of unleaded gasoline. The department shall notify state agencies, in
writing or by electronic mail, at least 30 days before implementing additional charges
for fuel cost increases. Revenues received from these charges are appropriated upon
receipt.
(5) The state budget director, upon notification to the senate and house of
representatives standing committees on appropriations, may adjust spending
authorization and the IDG from motor transport fund in the department in order to
ensure that the appropriations for motor vehicle fleet in the department budget equal
the expenditures for motor vehicle fleet in the budgets for all executive branch
agencies.
Sec. 18-814. The department shall develop a plan regarding the use of the funds
appropriated in part 1 for the enterprisewide information technology investment
projects. The plan shall include, but not be limited to, a description of proposed
information technology investment projects, the time frame for completion of the
information technology investment projects, the proposed cost of the information
technology investment projects, the number of employees assigned to implement each
information technology investment project, the contracts entered into for each
information technology investment project, and any other information the department
deems necessary. The plan shall be distributed to the senate and house of
representatives standing committees on appropriations subcommittees on general
government, as well as the senate and house fiscal agencies and the state budget
director on a quarterly basis. The submitted plan shall also include anticipated
spending reductions or overages for each of the proposed information technology
investment projects. The department shall notify the senate and house of
representatives standing committees on appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state budget director when a
project funded under an information technology investment project line item in part 1
is expected to require a transfer of dollars from another project in excess of
$500,000.00.
Sec. 18-814a. The funds appropriated in part 1 for information technology
investment projects shall be used for the modernization of state information
technology systems, improvement of the state's cyber security framework, and to
achieve efficiencies.
Sec. 18-818. In addition to the funds appropriated in part 1, the department may
receive and expend money from the Michigan law enforcement officers memorial monument
fund as provided in the Michigan law enforcement officers memorial act, 2004 PA 177,
MCL 28.781 to 28.787.
Sec. 18-820. The department shall make available to the public a list of all
parcels of real property owned by the state that are available for purchase. The list
shall be posted on the Internet through the department's website.
Sec. 18-822b. (1) A public-private partnership investment fund is created in the
department. Subject to subsections (2) and (3), public-private partnership investments
shall include, but are not limited to, all of the following:
(a) Capital asset improvements including buildings, land, or structures.
(b) Energy resource exploration, extraction, generation, and sales.
(c) Financial and investment incentive opportunities.
(d) Infrastructure construction, maintenance, and operation.
(e) Public-private sector joint ventures that provide economic benefit to an area
or to the state.
(2) Public-private investments shall not include projects, consultant expenses,
staff effort, or any other activity related to the development, financing,
construction, operation, or implementation of the Detroit River International Crossing
or any successor project unless the project is approved by the legislature and signed
into law.
(3) The state budget director shall determine whether or not a specific public-
private partnership investment opportunity qualifies for funding under subsection (1).
(4) Investment development revenue, including a portion of the proceeds from the
sale of any public-private partnership investment designated in subsection (1), shall
be deposited into the fund created in subsection (1) and shall be available for
administration, development, financing, marketing, and operating expenditures
associated with public-private partnerships, unless otherwise provided by law. Public-
private partnership investments authorized in subsection (1) are authorized for public
or private operation or sale consistent with state law. Expenditures from the fund are
authorized for investment purposes as designated in subsection (1) to enhance the
marketable value of each investment. The unencumbered balance remaining in the fund at
the end of the fiscal year may be carried forward for appropriation in future years.
(5) An annual report shall be transmitted to the senate and house of
representatives standing committees on appropriations, the senate and house fiscal
agencies, and the state budget office not later than December 31 of each year. This
report shall detail both of the following:
(a) The revenue and expenditure activity in the fund for the preceding fiscal
year.
(b) Public-private partnership investments as identified under subsection (1).
(6) The department shall monitor the revenue deposited in the public-private
partnership investment fund created in subsection (1). If the revenue in the fund is
insufficient to pay the amount appropriated in part 1 for public-private partnership
investment, then the department shall propose a legislative transfer to fund the line
from the appropriations in part 1.
Sec. 18-822c. The funds appropriated in part 1 shall not be used to support any
staff effort, projects, consultant expenses, or any other activity related to the
development, financing, construction, operation, or implementation of the Detroit
River International Crossing or any successor project unless the project is approved
by the legislature and signed into law.
Sec. 18-822f. (1) The funds appropriated in part 1 for the regional prosperity
initiative are to be used as competitive grants to eligible regional planning
organizations qualifying for funding as a regional prosperity collaborative, a
regional prosperity council, or a regional prosperity board. A regional planning
organization may not qualify for funding under more than 1 category in the same state
fiscal year. As used in this section:
(a) "Eligible regional planning organization" means any of the following:
(i) An existing regional planning commission created pursuant to 1945 PA 281, MCL
125.11 to 125.25.
(ii) An existing regional economic development commission created pursuant to
1966 PA 46, MCL 125.1231 to 125.1237.
(iii) An existing metropolitan area council formed pursuant to the metropolitan
councils act, 1989 PA 292, MCL 124.651 to 124.729.
(iv) A Michigan metropolitan planning organization established pursuant to the
moving ahead for progress in the 21st century act, Public Law 112-141.
(b) "Freedom of Information Act" means the freedom of information act, U.S. Code.
Title 5, Part 1, Chapter 5, Subchapter II, Section 552.
(c) "Open meetings act" means the open meetings act, 1976 PA 267, MCL 15.261 to
15.275.
(d) "Regional prosperity board" means a regional body that has a singular
governing board with representation from private, public, and nonprofit entities
engaged in joint decision-making practices for the purpose of creating or maintaining
a phase three: regional prosperity plan.
(e) "Regional prosperity collaborative" means any committee developed by a
regional planning organization or a metropolitan planning organization that serves to
bring organizational representation together from private, public, and nonprofit
entities within a region for the purpose of creating or maintaining a phase one:
regional prosperity plan.
(f) "Regional prosperity council" means a regional body with representation from
private, public, and nonprofit entities with shared administrative services and an
executive governing entity, as demonstrated by a formal local agreement or agreements
for the purpose of creating or maintaining a phase two: regional prosperity plan.
(2) Regional planning organizations may qualify to receive not more than
$250,000.00 of incentive-based funding as a regional prosperity collaborative subject
to meeting all of the following requirements:
(a) The regional prosperity collaborative has created a phase one: regional
prosperity plan, as follows:
(i) The regional prosperity collaborative must include regional representatives
from adult education, workforce development, community development, economic
development, transportation, and higher education organizations.
(ii) The plan is required, at a minimum, to include a 5-year plan focused on
economic growth and vitality for the region, as well as a performance dashboard and
measurable annual goals to support the 5-year plan.
(iii) The 5-year plan shall address regional strategies related to adult
education, workforce development, economic development, transportation, higher
education, and business development.
(iv) The regional prosperity collaborative shall adopt the plan by a minimum 2/3
majority vote of its members.
(b) The regional prosperity collaborative adheres to accountability and
transparency measures required in the open meetings act and the freedom of information
act.
(c) The regional prosperity collaborative convenes monthly meetings, open to the
public, to consider and discuss issues leading to a common vision of economic
prosperity for the region, including, but not limited to, community development,
economic development, talent, and infrastructure opportunities.
(d) The regional prosperity collaborative makes available on the grant
recipient's publicly accessible Internet site pertinent documents, including, but not
limited to, monthly meeting agendas, minutes of monthly meetings, voting records, and
the regional prosperity plan and performance dashboard.
(e) The regional prosperity collaborative keeps a status report detailing the
spending associated with previous regional prosperity initiative grants. Organizations
that have successfully received grant awards in previous fiscal years shall be
required to make available to the department and on a publicly accessible Internet
site information regarding the use of those grant dollars.
(3) Regional planning organizations eligible to receive a payment as a regional
prosperity collaborative under subsection (2) may qualify to receive a 1-time grant of
not more than $75,000.00 to produce a plan to transform the regional prosperity
collaborative into a regional prosperity council or regional prosperity board,
including necessary local formal agreements, to make recommendations that eliminate
duplicative efforts and administrative functions, and to leverage resources through
cooperation, collaboration, and consolidations of organizations or programs throughout
the region. Plans produced to transform the regional prosperity collaborative into a
regional prosperity council or regional prosperity board shall be made available on
the grant recipient's publicly accessible Internet site.
(4) Regional planning organizations may qualify to receive not more than
$375,000.00 of incentive-based funding as a regional prosperity council subject to
meeting all of the following requirements:
(a) A regional prosperity council has been formed and includes regional
representatives from adult education, workforce development, community development,
economic development, transportation, and higher education organizations.
(b) An eligible regional prosperity council will demonstrate shared
administrative services between 2 public regional entities included in subdivision
(a). In addition, the council must have and maintain an executive governing entity, as
demonstrated by a formal local agreement or agreements.
(c) The regional prosperity council has created a phase two: regional prosperity
plan, as follows:
(i) The regional prosperity council shall identify opportunities for shared
administrative services and decision-making among the private, public, and nonprofit
entities within the region and shall continue collaboration with regional prosperity
council members, including, but not limited to, representatives from adult education
providers, workforce development agencies, community development agencies, economic
development agencies, transportation service providers, and higher education
institutions.
(ii) The plan is required to include, but is not limited to, all of the
following:
(A) A status report of the approved 5-year plan.
(B) The addition of a 10-year plan for the region which builds upon prior work
and is focused on economic growth and vitality in the region.
(C) A prioritized list of regional projects.
(D) A performance dashboard with measurable annual goals.
(iii) The regional prosperity council shall adopt the plan by a minimum 2/3 vote
of its members.
(d) The regional prosperity council adheres to accountability and transparency
measures required in the open meetings act and the freedom of information act.
(e) The regional prosperity council convenes monthly meetings, open to the
public, to consider and discuss issues leading to a common vision of economic
prosperity for the region, including, but not limited to, community development,
economic development, talent, and infrastructure opportunities.
(f) The regional prosperity council makes available on the grant recipient's
publicly accessible Internet site pertinent documents, including, but not limited to,
monthly meeting agendas, minutes of monthly meetings, voting records, and the regional
prosperity plan and performance dashboard.
(g) The regional prosperity council keeps a status report detailing the spending
associated with previous regional prosperity initiative grants. Organizations that
have successfully received grant awards in previous fiscal years shall be required to
make available to the department and on a publicly accessible Internet site
information regarding the use of those grant dollars.
(5) Regional planning organizations eligible to receive a payment as a regional
prosperity council under subsection (4) may qualify to receive a 1-time grant of not
more than $75,000.00 to produce a plan to transform the regional prosperity council
into a regional prosperity board, including a singular private/public governance
structure that comports with federal guidelines for governance under the workforce
investment act, Public Law 105-220, the moving ahead for progress in the 21st century
act, Public Law 112-141, the economic development administration and Appalachian
regional development reform act of 1998, Public Law 105-393, and recommendations to
eliminate duplicative efforts, administrative functions, and leverage resources
through cooperation, collaboration, and consolidations of organizations or programs
throughout the region.
(6) Regional planning organizations may qualify to receive not more than
$500,000.00 of incentive-based funding as a regional prosperity board subject to
meeting all of the following requirements:
(a) The regional prosperity board has been formed and at a minimum, must
demonstrate the consolidation of a regional metropolitan planning organization, where
one exists, state designated regional planning agency boards, workforce development
boards and federally designated regional economic development districts within a
region.
(b) The regional prosperity board has created a phase three: regional prosperity
plan, as follows:
(i) The regional prosperity board shall create a regional services
recommendations report prioritizing the list of state-funded services and programs
provided to the region, and recommendations for state-regional partnerships to support
the adopted regional prosperity plan.
(ii) The plan is required to include a status report of the approved 10-year plan
for the creation of an updated regional prosperity plan.
(iii) The regional prosperity board shall adopt the plan by a minimum 2/3 vote of
its members.
(c) The regional prosperity board adheres to accountability and transparency
measures required in the open meetings act and the freedom of information act.
(d) The regional prosperity board convenes monthly meetings, open to the public,
to consider and discuss issues leading to a common vision of economic prosperity for
the region, including, but not limited to, community development, economic
development, talent, and infrastructure opportunities.
(e) The regional prosperity board makes available on the grant recipient's
publicly accessible Internet site pertinent documents, including, but not limited to,
monthly meeting agendas, minutes of monthly meetings, voting records, and the regional
prosperity plan and performance dashboard.
(7) Regional planning organizations eligible to receive a payment as a regional
prosperity board under subsection (6) may qualify to receive not more than
$125,000.00, to implement the prioritized regional prosperity plan projects.
(8) Regional planning organizations eligible to receive a payment as a regional
prosperity collaborative, board, or council may partner with other eligible regional
planning organizations to submit joint applications. In the instance of a joint
application, 1 regional planning organization shall be utilized as the overall
applicant. The department may award a joint application award of no greater than the
sum of potential application dollars which would have otherwise been available through
individual applications.
(9) The department shall develop an application process and method of grant
distribution for the regional prosperity initiative. Funding applications from
regional planning organizations shall be due to the department by December 1, 2017.
The department shall notify regional planning organizations of grant application
status by January 1, 2018. The department shall ensure that processes are established
to verify that qualifying regional planning organizations meet the requirements under
subsections (2), (3), (4), (5), (6), and (7), as applicable.
(10) Unexpended funds appropriated in part 1 for the regional prosperity
initiative are designated as work project appropriations, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be available
for expenditure for regional prosperity initiative projects under this section until
the projects have been completed. The following is in compliance with section 451a of
the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects is to provide incentive-based grants to
recipients under this section.
(b) The projects will be accomplished by grants to qualified regional planning
organizations.
(c) The total estimated cost of all projects is $2,500,000.00.
(d) The estimated completion date is September 30, 2022.
Sec. 18-822i. (1) From the funds appropriated in part 1, the department shall
assure all of the following:
(a) That public schools that are placed in the state school reform/redesign
school district or under a chief executive officer under section 1280c of the revised
school code, 1976 PA 451, MCL 380.1280c, remain in compliance with all applicable
state and federal law concerning special education.
(b) That students at public schools described in subdivision (a) with
individualized education programs are afforded special education services in
accordance with applicable state and federal law concerning special education.
(2) The department shall report to the legislature on the number of students in
public schools described in subsection (1)(a) who have an individualized education
program and the performance results of those students after the change in governance
of the public school.
Sec. 18-822l. From the funds appropriated in part 1 for the school reform office,
the school reform office shall conduct 1 public hearing in the school district of
priority schools that the school reform office has determined require an intervention
authorized by section 1280c(6) or (7) of the revised school code, 1976 PA 451, MCL
380.1280c. The school reform office shall give notice to the district prior to the
public hearing. The public hearing shall include an outline of the plan for academic
improvement of the schools and a projected time frame of the school reform office's
involvement with the schools.
Sec. 18-822o. From the funds appropriated in part 1 for the school reform office,
the school reform office shall make an effort to coordinate with the department of
education to streamline state services and resources, reduce duplication, and increase
efficiency.
INFORMATION TECHNOLOGY
Sec. 18-823. (1) The department may sell and accept paid advertising for
placement on any state website under its jurisdiction. The department shall review and
approve the content of each advertisement. The department may refuse to accept
advertising from any person or organization or require modification to advertisements
based upon criteria determined by the department. Revenue received under this
subsection shall be used for operating costs of the department and for future
technology enhancements to state of Michigan e-government initiatives. Funds received
under this subsection shall be limited to $250,000.00. Any funds in excess of
$250,000.00 shall be deposited in the state general fund.
(2) The department may accept gifts, donations, contributions, bequests, and
grants of money from any public or private source to assist with the underwriting or
sponsorship of state webpages or services offered on those webpages. A private or
public funding source may receive recognition in the webpage. The department may
reject any gift, donation, contribution, bequest, or grant.
(3) Funds accepted by the department under subsection (1) or (2) are appropriated
and allotted when received and may be expended upon approval of the state budget
director. The state budget office shall notify the senate and house of representatives
standing committees on appropriations subcommittees on general government and the
senate and house fiscal agencies within 10 days after the approval is given.
Sec. 18-824. The department may enter into agreements to supply spatial
information and technical services to other principal executive departments, state
agencies, local units of government, and other organizations. The department may
receive and expend funds in addition to those authorized in part 1 for providing
information and technical services, publications, maps, and other products. The
department may expend amounts received for salaries, supplies, and equipment necessary
to provide informational products and technical services.
Sec. 18-825. The legislature shall have access to all historical and current data
contained within MAIN, or its successor, pertaining to state departments. State
departments shall have access to all historical and current data contained within
MAIN, or its successor.
Sec. 18-826. When used in this part and part 1, "information technology services"
means services involving all aspects of managing and processing information,
including, but not limited to, all of the following:
(a) Application and mobile development and maintenance.
(b) Desktop computer support and management.
(c) Cyber security.
(d) Social media.
(e) Mainframe computer support and management.
(f) Server support and management.
(g) Local area network support and management, including, but not limited to,
wired and wireless network build-out, support, and management.
(h) Information technology project management.
(i) Information technology planning and budget management.
(j) Telecommunication services, infrastructure, and support.
Sec. 18-827. (1) Funds appropriated in part 1 for the Michigan public safety
communications system shall be expended upon approval of an expenditure plan by the
state budget director.
(2) The department shall assess all subscribers of the Michigan public safety
communications system reasonable access and maintenance fees and shall deposit the
fees in the Michigan public safety communications systems fees fund.
(3) All money received by the department under this section shall be expended for
the support and maintenance of the Michigan public safety communications system.
(4) Any deposits made under this section and unencumbered funds are restricted
revenues and shall be carried forward into succeeding fiscal years.
Sec. 18-833. (1) The state budget director, upon notification to the senate and
house of representatives standing committees on appropriations, may adjust spending
authorization and user fees in the department in order to ensure that the
appropriations for information technology in the department budget equal the
appropriations for information technology in the budgets for all executive branch
agencies.
(2) If during the course of the fiscal year a transfer or supplemental to or from
the information technology line item within an agency budget is made under section 393
of the management and budget act, 1984 PA 431, MCL 18.1393, there is appropriated an
equal amount of user fees in the department to accommodate an increase or decrease in
spending authorization.
Sec. 18-834. (1) Revenue collected from licenses issued under the antenna site
management project shall be deposited into the antenna site management revolving fund
created for this purpose in the department. The department may receive and expend
money from the fund for costs associated with the antenna site management project,
including the cost of a third-party site manager. Any excess revenue remaining in the
fund at the close of the fiscal year shall be proportionately transferred to the
appropriate state restricted funds as designated in statute or by constitution.
(2) An antenna shall not be placed on any site pursuant to this section without
complying with the respective local zoning codes and local unit of government
processes.
Sec. 18-835. In addition to the funds appropriated in part 1, the funds collected
by the department for supplying census-related information and technical services,
publications, statistical studies, population projections and estimates, and other
demographic products are appropriated for all expenses necessary to provide the
required services. These funds are available for expenditure when they are received
and may be carried forward into the next succeeding fiscal year.
Sec. 18-836. From the funds appropriated in part 1 for cyber security staffing,
hardware and support costs, the department shall identify specific outcomes and
performance measures including, but not limited to, the following:
(a) Reduce the number of cyber threats based on the daily attacks to prevent data
breaches during the fiscal year ending September 30, 2018.
(b) Reduce the risk of cyber vulnerabilities for application, data and network
during the fiscal year ending September 30, 2018.
(c) Increase awareness of cyber threats and the preventative steps for citizens,
businesses and employees during the fiscal year ending September 30, 2018.
Sec. 18-837. From the funds appropriated in part 1 for citizen centric
government, the department shall identify specific outcomes and performance measures
including, but not limited to, the following:
(a) Begin integration of MiLogin with at least 10 high value systems to provide
seamless access to those systems with one set of credentials during the fiscal year
ending September 30, 2018.
(b) Increase the number of high value systems citizens and businesses can log
into with one login during the fiscal year ending September 30, 2018.
(c) Make existing online services mobile friendly and integrate them with MiPage
during the fiscal year ending September 30, 2018.
Sec. 18-838. From the funds appropriated in part 1 for MiPage mobile center of
excellence, the department shall identify specific outcomes and performance measures
including, but not limited to, the following:
(a) Implementation of MiPage application enhancements such as integration of
local government services into MiPage, implementation of location based
recommendations and notifications and ensuring that ongoing operating system remains
secure and operable during the fiscal year ending September 30, 2018.
(b) Production of digital guidelines to reduce development cost and effort for
mobile services while improving ADA compliance and providing continuity across the
digital environment during the fiscal year ending September 30, 2018.
(c) Create an active developer community within state government to increase
mobility efforts that enable fully personalized citizen engagement during the fiscal
year ending September 30, 2018.
STATE BUILDING AUTHORITY RENT
Sec. 18-842. (1) The state building authority rent appropriations in part 1 may
also be expended for the payment of required premiums for insurance on facilities
owned by the state building authority or payment of costs that may be incurred as the
result of any deductible provisions in such insurance policies.
(2) If the amount appropriated in part 1 for state building authority rent is not
sufficient to pay the rent obligations and insurance premiums and deductibles
identified in subsection (1) for state building authority projects, there is
appropriated from the general fund of the state the amount necessary to pay such
obligations.
CIVIL SERVICE COMMISSION
Sec. 18-850. (1) In accordance with section 5 of article XI of the state
constitution of 1963, all restricted funds shall be assessed a sum not less than 1% of
the total aggregate payroll paid from those funds for financing the civil service
commission on the basis of actual 1% restricted sources total aggregate payroll of the
classified service for the preceding fiscal year. This includes, but is not limited
to, restricted funds appropriated in part 1 of any appropriations act. Unexpended 1%
appropriated funds shall be returned to each 1% fund source at the end of the fiscal
year.
(2) The appropriations in part 1 are estimates of actual charges based on payroll
appropriations. With the approval of the state budget director, the commission is
authorized to adjust financing sources for civil service charges based on actual
payroll expenditures, provided that such adjustments do not increase the total
appropriation for the civil service commission.
(3) The financing from restricted sources shall be credited to the civil service
commission by the end of the second fiscal quarter.
Sec. 18-851. Except where specifically appropriated for this purpose, financing
from restricted sources shall be credited to the civil service commission. For
restricted sources of funding within the general fund that have the legislative
authority for carryover, if current spending authorization or revenues are
insufficient to accept the charge, the shortage shall be taken from carryforward
balances of that funding source. Restricted revenue sources that do not have
carryforward authority shall be utilized to satisfy commission operating deducts first
and civil service obligations second. General fund dollars are appropriated for any
shortfall, pursuant to approval by the state budget director.
Sec. 18-852. The appropriation in part 1 to the civil service commission, for
state-sponsored group insurance, flexible spending accounts, and COBRA, represents
amounts, in part, included within the various appropriations throughout state
government for the current fiscal year to fund the flexible spending account program
included within the civil service commission. Deposits against state-sponsored group
insurance, flexible spending accounts, and COBRA for the flexible spending account
program shall be made from assessments levied during the current fiscal year in a
manner prescribed by the civil service commission. Unspent employee contributions to
the flexible spending accounts may be used to offset administrative costs for the
flexible spending account program, with any remaining balance of unspent employee
contributions to be lapsed to the general fund.
CAPITAL OUTLAY
Sec. 18-860. As used in sections 861 through 867:
(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) "University" means a 4-year university supported by the state. University
does not include a community college or a state agency.
Sec. 18-861. Each capital outlay project authorized in this part and part 1 or
any previous capital outlay act shall comply with the procedures required by the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 18-864. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with the provisions of section 248 of
the management and budget act, 1984 PA 431, MCL 18.1248.
Sec. 18-865. (1) A site preparation economic development fund is created in the
department. As used in this section, "economic development sites" means those state-
owned sites declared as surplus property pursuant to section 251 of the management and
budget act, 1984 PA 431, MCL 18.1251, that would provide economic benefit to the area
or to the state. The Michigan economic development corporation board and the state
budget director shall determine whether or not a specific state-owned site qualifies
for inclusion in the fund created under this subsection.
(2) Proceeds from the sale of any sites designated in subsection (1) shall be
deposited into the fund created in subsection (1) and shall be available for site
preparation expenditures, unless otherwise provided by law. The economic development
sites authorized in subsection (1) are authorized for sale consistent with state law.
Expenditures from the fund are authorized for site preparation activities that enhance
the marketable sale value of the sites. Site preparation activities include, but are
not limited to, demolition, environmental studies and abatement, utility enhancement,
and site excavation.
(3) A cash advance in an amount of not more than $25,000,000.00 is authorized
from the general fund to the site preparation economic development fund.
(4) An annual report shall be transmitted to the senate and house of
representatives standing committees on appropriations not later than December 31 of
each year. This report shall detail both of the following:
(a) The revenue and expenditure activity in the fund for the preceding fiscal
year.
(b) The sites identified as economic development sites under subsection (1).
Sec. 18-867. Proceeds from the sale of the Farnum Building shall be subsequently
appropriated to the department in accordance with any legislation enacted that
authorizes the sale of that property. If the net proceeds from the sale of the Farnum
Building are less than the $7,000,000.00 authorized for senate relocation costs in
section 896 of article VIII of 2014 PA 252, an amount equal to the difference between
the net sale proceeds and $7,000,000.00 shall be appropriated by the legislature to
the department.
Sec. 18-868. The planning authorization in part 1 for the Caro Center replacement
- new state psychiatric hospital project revises the scope initially authorized for
planning in 2016 PA 268 from facility modernization to facility replacement and
includes the total estimated project cost of $115,000,000.00. The age and
deterioration of facilities at the existing Caro Center requires revision of the
project scope beyond modernization to a full replacement of the hospital facilities.
Construction of a replacement state psychiatric hospital facility will also allow for
the integration of a community-based design model which reflects current best
practices for such facilities.
CAPITAL OUTLAY - UNIVERSITIES AND COMMUNITY COLLEGES
Sec. 18-873. (1) This section applies only to projects for community colleges.
(2) State support is directed towards the remodeling and additions, special
maintenance, or construction of certain community college buildings. The community
college shall obtain or provide for site acquisition and initial main utility
installation to operate the facility. Funding shall be composed of local and state
shares and not more than 50% of a capital outlay project, not including a lump-sum
special maintenance project or remodeling and addition project, for a community
college shall be appropriated from state and federal funds, unless otherwise
appropriated by the legislature.
(3) An expenditure under this part and part 1 is authorized when the release of
the appropriation is approved by the board upon the recommendation of the director.
The director may recommend to the board the release of any appropriation in part 1
only after the director is assured that the legal entity operating the community
college to which the appropriation is made has complied with this part and part 1 and
has matched the amounts appropriated as required by this part and part 1. A release of
funds in part 1 shall not exceed 50% of the total cost of planning and construction of
any project, not including lump-sum remodeling and additions and special maintenance,
unless otherwise appropriated by the legislature. Further planning and construction of
a project authorized by this part and part 1 or applicable sections of the management
and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, shall be in accordance with the
purpose and scope as defined and delineated in the approved program statements and
planning documents. This part and part 1 are applicable to all projects for which
planning appropriations were made in previous acts.
(4) The community college shall take the steps necessary to secure available
federal construction and equipment money for projects funded for construction in this
part and part 1 if an application was not previously made. If there is a reasonable
expectation that a prior year unfunded application may receive federal money in a
subsequent year, the college shall take whatever action necessary to keep the
application active.
Sec. 18-874. If university and community college matching revenues are received
in an amount less than the appropriations for capital projects contained in this part
and part 1, the state funds shall be reduced in proportion to the amount of matching
revenue received.
Sec. 18-875. (1) The director may require that community colleges and
universities that have an authorized project listed in part 1 submit documentation
regarding the project match and governing board approval of the authorized project not
more than 60 days after the beginning of the fiscal year.
(2) If the documentation required by the director under subsection (1) is not
submitted, or does not adequately authenticate the availability of the project match
or board approval of the authorized project, the authorization may terminate. The
authorization terminates 30 days after the director notifies the JCOS of the intent to
terminate the project unless the JCOS convenes to extend the authorization.
ONE-TIME APPROPRIATIONS
Sec. 18-900. (1) The drinking water declaration of emergency reserve fund is
created within the state treasury.
(2) From the funds appropriated in part 1 for the drinking water declaration of
emergency reserve fund, $25,000,000.00 shall be deposited into the drinking water
declaration of emergency reserve fund.
(3) Funds may only be spent from the drinking water declaration of emergency
reserve fund upon appropriation, or legislative transfer pursuant to section 393 of
the management and budget act, 1984 PA 431, MCL 18.1393.
(4) Interest and earnings from the investment of funds deposited in the drinking
water declaration of emergency reserve fund shall be deposited in the general fund.
(5) Funds in the drinking water declaration of emergency reserve fund at the
close of a fiscal year shall remain in the drinking water declaration of emergency
reserve fund and shall not lapse to the general fund.
Article 19
DEPARTMENT OF TRANSPORTATION
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 19-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of transportation are appropriated for the
fiscal year ending September 30, 2018, and are anticipated to be appropriated for the
fiscal year ending September 30, 2019, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in this
part:
DEPARTMENT OF TRANSPORTATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 2,912.3 2,912.3
GROSS APPROPRIATION...................................... $ 4,347,443,000 $ 4,528,262,500
Total interdepartmental grants and interdepartmental
transfers............................................... 4,039,300 4,039,300
ADJUSTED GROSS APPROPRIATION............................. $ 4,343,403,700 $ 4,524,223,200
Total federal revenues................................... 1,340,301,200 1,340,301,200
Total local revenues..................................... 50,532,000 50,532,000
Total private revenues................................... 100,000 100,000
Total other state restricted revenues.................... 2,952,470,500 3,133,290,000
State general fund/general purpose....................... $ 0 $ 0
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 0 0
One-time state general fund/general purpose........... 0 0
Sec. 19-102. DEBT SERVICE
Airport safety and protection plan....................... $ 4,617,000 $ 4,617,000
Blue Water Bridge fund................................... 7,105,100 7,105,100
Comprehensive transportation............................. 18,244,500 18,244,500
Economic development..................................... 11,548,300 11,548,300
Local bridge fund........................................ 2,315,400 2,315,400
State trunkline.......................................... 185,109,100 185,109,100
GROSS APPROPRIATION...................................... $ 228,939,400 $ 228,939,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 37,783,300 37,783,300
Special revenue funds:
Other state restricted revenues.......................... 191,156,100 191,156,100
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY SUPPORT SERVICES
CTF grant to civil service commission.................... $ 200,000 $ 200,000
CTF grant to department of attorney general.............. 205,000 205,000
CTF grant to department of treasury...................... 12,700 12,700
CTF grant to legislative auditor general................. 39,000 39,000
CTF grant to department of technology, management and
budget.................................................. 45,500 45,500
MTF grant to department of environmental quality......... 1,345,900 1,345,900
MTF grant to department of treasury...................... 2,701,700 2,701,700
MTF grant to legislative auditor general................. 315,800 315,800
MTF grant to department state for collection of
revenue and fees........................................ 20,000,000 20,000,000
SAF grant to civil service commission.................... 150,000 150,000
SAF grant to department of attorney general.............. 179,400 179,400
SAF grant to department of treasury...................... 73,400 73,400
SAF grant to legislative auditor general................. 30,300 30,300
SAF grant to department of technology, management and
budget.................................................. 34,600 34,600
STF grant to civil service commission.................... 5,847,000 5,847,000
STF grant to department of attorney general.............. 2,447,600 2,447,600
STF grant to department of state police.................. 11,697,900 11,697,900
STF grant to department of treasury.................... . 169,800 169,800
STF grant to legislative auditor general................. 733,500 733,500
STF grant to department of technology, management and
budget.................................................. 1,199,300 1,199,300
GROSS APPROPRIATION...................................... $ 47,428,400 $ 47,428,400
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 47,428,400 47,428,400
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-104. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 269.3 269.3
Unclassified salaries-6.0 FTE positions.................. $ 776,600 $ 776,600
Asset management council................................. 1,876,400 1,876,400
Business support services-44.0 FTE positions............. 6,805,600 6,805,600
Commission audit-29.3 FTE positions...................... 3,367,500 3,367,500
Economic development and enhancement programs-10.0 FTE
positions............................................... 1,643,500 1,643,500
Finance, contracts, and support services-186.0 FTE
positions............................................... 21,993,200 21,993,200
Property management...................................... 7,103,500 7,103,500
Worker's compensation.................................... 1,619,000 1,619,000
GROSS APPROPRIATION...................................... $ 45,185,300 $ 45,185,300
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 4,039,300 4,039,300
Special revenue funds:
Other state restricted revenues.......................... 41,146,000 41,146,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-105. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 33,465,900 $ 33,465,900
GROSS APPROPRIATION...................................... $ 33,465,900 $ 33,465,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 520,500 520,500
Special revenue funds:
Other state restricted revenues.......................... 32,945,400 32,945,400
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-106. TRANSPORTATION PLANNING
Full-time equated classified positions.................. 140.0 140.0
Grants to regional planning councils..................... $ 488,800 $ 488,800
Transportation planning-140.0 FTE positions.............. 38,560,200 38,560,200
GROSS APPROPRIATION...................................... $ 39,049,000 $ 39,049,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 19,250,000 19,250,000
Special revenue funds:
Other state restricted revenues.......................... 19,799,000 19,799,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-107. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions.................. 1,540.3 1,540.3
Program development, delivery, and system operations-
1,540.3 FTE positions................................... $ 167,288,100 $ 167,288,100
GROSS APPROPRIATION...................................... $ 167,288,100 $ 167,288,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 23,529,800 23,529,800
Special revenue funds:
Other state restricted revenues.......................... 143,758,300 143,758,300
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-108. HIGHWAY MAINTENANCE
Full-time equated classified positions.................. 793.7 793.7
State trunkline operations-793.7 FTE positions........... $ 317,593,400 $ 317,593,400
GROSS APPROPRIATION...................................... $ 317,593,400 $ 317,593,400
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 317,593,400 317,593,400
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-109. ROAD AND BRIDGE PROGRAMS
Cities and villages...................................... $ 491,162,500 $ 530,432,000
County road commissions.................................. 880,938,200 951,371,200
Grants to local programs................................. 33,000,000 33,000,000
Local bridge program..................................... 28,282,900 28,321,100
Local federal aid and road and bridge construction....... 278,400,300 278,400,300
Local agency wetlands mitigation......................... 2,000,000 2,000,000
Movable bridge........................................... 5,110,000 5,222,600
Rail grade crossing...................................... 3,000,000 3,000,000
Rail grade crossing - surface improvements............... 3,000,000 3,000,000
State trunkline federal aid and road and bridge
construction............................................ 1,131,621,800 1,202,508,000
GROSS APPROPRIATION...................................... $ 2,856,515,700 $ 3,037,255,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,061,767,600 1,061,767,600
Special revenue funds:
Local revenues........................................... 30,003,500 30,003,500
Other state restricted revenues.......................... 1,764,744,600 1,945,484,100
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-110. BLUE WATER BRIDGE
Full-time equated classified positions.................. 41.0 41.0
Blue Water Bridge operations-41.0 FTE positions.......... $ 6,471,400 $ 6,471,400
GROSS APPROPRIATION...................................... $ 6,471,400 $ 6,471,400
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 6,471,400 6,471,400
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-111. TRANSPORTATION ECONOMIC DEVELOPMENT
Forest roads............................................. $ 5,000,000 $ 5,000,000
Rural county primary..................................... 7,779,800 7,799,800
Rural county urban system................................ 2,500,000 2,500,000
Target industries/economic redevelopment................. 19,059,500 19,099,500
Urban county congestion.................................. 7,779,800 7,799,800
GROSS APPROPRIATION...................................... $ 42,119,100 $ 42,199,100
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 42,119,100 42,199,100
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-112. AERONAUTICS SERVICES
Full-time equated classified positions.................. 53.0 53.0
Air service program...................................... $ 250,000 $ 250,000
Aviation services-53.0 FTE positions..................... 7,596,100 7,596,100
GROSS APPROPRIATION...................................... $ 7,846,100 $ 7,846,100
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 7,846,100 7,846,100
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-113. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions.................. 36.0 36.0
Passenger transportation services-36.0 FTE positions..... $ 5,789,100 $ 5,789,100
GROSS APPROPRIATION...................................... $ 5,789,100 $ 5,789,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 972,100 972,100
Special revenue funds:
Other state restricted revenues.......................... 4,817,000 4,817,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-114. LOCAL BUS TRANSIT
Local bus operating...................................... $ 186,250,000 $ 186,250,000
Nonurban operating/capital............................... 28,027,900 28,027,900
GROSS APPROPRIATION...................................... $ 214,277,900 $ 214,277,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 26,027,900 26,027,900
Special revenue funds:
Local revenues........................................... 2,000,000 2,000,000
Other state restricted revenues.......................... 186,250,000 186,250,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-115. INTERCITY PASSENGER AND FREIGHT
Full-time equated classified positions.................. 39.0 39.0
Detroit/Wayne County port authority...................... $ 468,200 $ 468,200
Freight property management.............................. 1,000,000 1,000,000
Intercity services....................................... 8,060,000 8,060,000
Marine passenger service................................. 400,000 400,000
Office of rail-39.0 FTE positions........................ 6,483,400 6,483,400
Rail operations and infrastructure....................... 126,491,500 126,491,500
GROSS APPROPRIATION.................................... . $ 142,903,100 $ 142,903,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 64,600,000 64,600,000
Special revenue funds:
Local revenues........................................... 260,000 260,000
Private revenues......................................... 100,000 100,000
Other state restricted revenues.......................... 77,943,100 77,943,100
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-116. PUBLIC TRANSPORTATION DEVELOPMENT
Municipal credit program................................. $ 2,000,000 $ 2,000,000
Service initiatives...................................... 3,389,200 3,389,200
Specialized services..................................... 17,938,900 17,938,900
Transit capital.......................................... 59,403,500 59,403,500
Transportation to work................................... 3,700,000 3,700,000
Van pooling.............................................. 195,000 195,000
GROSS APPROPRIATION...................................... $ 86,626,600 $ 86,626,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 26,850,000 26,850,000
Special revenue funds:
Local revenues........................................... 5,760,000 5,760,000
Other state restricted revenues.......................... 54,016,600 54,016,600
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-117. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Special maintenance, remodeling and additions............ $ 3,001,500 $ 3,001,500
Salt storage buildings and containment control........... 2,500,000 2,500,000
GROSS APPROPRIATION...................................... $ 5,501,500 $ 5,501,500
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 5,501,500 5,501,500
State general fund/general purpose....................... $ 0 $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection, and improvement program...... $ 93,943,000 $ 93,943,000
Detroit Metropolitan Wayne County Airport................ 6,500,000 6,500,000
GROSS APPROPRIATION...................................... $ 100,443,000 $ 100,443,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 79,000,000 79,000,000
Special revenue funds:
Local revenues........................................... 12,508,500 12,508,500
Other state restricted revenues.......................... 8,934,500 8,934,500
State general fund/general purpose....................... $ 0 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 19-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $2,952,470,500.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $1,715,980,300.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF TRANSPORTATION
Rail grade crossing - surface improvements.............................. $ 3,000,000
Urban county congestion................................................. 7,779,800
Local bridge program.................................................... 28,282,900
Service initiatives..................................................... 1,283,200
Transit capital......................................................... 42,853,500
Rural county primary.................................................... 7,779,800
Cities and villages..................................................... 491,162,500
Grants to local programs................................................ 33,000,000
Local bus operating..................................................... 186,250,000
Detroit/Wayne County port authority..................................... 468,200
Airport safety, protection, and improvement program..................... 2,434,500
Forest roads............................................................ 5,000,000
Grants to regional planning councils.................................... 488,800
Movable bridge.......................................................... 2,555,000
Air service program..................................................... 250,000
Local agency wetlands mitigation........................................ 2,000,000
Rail grade crossing..................................................... 1,500,000
Transportation to work.................................................. 3,700,000
Marine passenger service................................................ 400,000
Municipal credit program................................................ 2,000,000
Rural county urban system............................................... 2,500,000
Specialized services.................................................... 3,853,900
Detroit Metropolitan Wayne County Airport............................... 6,500,000
County road commissions................................................. 880,938,200
TOTAL..................................................................... $ 1,715,980,300
Sec. 19-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 19-203. As used in this article:
(a) "CTF" means comprehensive transportation fund.
(b) "Department" means the department of transportation.
(c) "Director" means the director of the department.
(d) "DOT" means the United States Department of Transportation.
(e) "DOT-FHWA" means DOT, Federal Highway Administration.
(f) "FTE" means full-time equated.
(g) "IDG" means interdepartmental grant.
(h) "MTF" means Michigan transportation fund.
(i) "SAF" means state aeronautics fund.
(j) "STF" means state trunkline fund.
Sec. 19-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 19-205. 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. 19-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 19-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 19-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 19-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 19-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $40,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 19-211. 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. 19-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 19-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 19-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$63,943,300.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $32,905,600.00. Total agency appropriations for retiree
health care legacy costs are estimated at $31,037,700.00.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 19-301. (1) The department may establish a fee schedule and collect fees
sufficient to cover the costs to issue the permits that the department is authorized
by law to issue upon request, unless otherwise stipulated by law. All permit fees are
nonrefundable application fees and shall be credited to the appropriate fund to
recover the direct and indirect costs of receiving, reviewing, and processing the
requests.
(2) A bridge authority shall hold 3 public hearings on an increase in any toll
charged by the authority at least 30 days before the toll change will become
effective. Two of the hearings shall be held within 5 miles of the bridge over which
the bridge authority has jurisdiction. One hearing shall be held in Lansing. Public
hearings held under this section shall be conducted in accordance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275, and shall be conducted so as to
provide a reasonable opportunity for public comment, including both spoken and written
comments.
Sec. 19-304. If, as a requirement of bidding on a highway project, the department
requires a contractor to submit financial or proprietary documentation as to how the
bid was calculated, that bid documentation shall be kept confidential and shall not be
disclosed other than to a department representative without the contractor's written
consent. The department may disclose the bid documentation if necessary to address or
defend a claim by a contractor.
Sec. 19-306. (1) The amounts appropriated in part 1 to support tax and fee
collection, law enforcement, and other program services provided to the department and
to transportation funds by other state departments shall be expended from
transportation funds pursuant to annual contracts between the department and those
other state departments. The contracts shall be executed prior to the expenditure or
obligation of those funds. The contracts shall provide, but are not limited to, the
following data applicable to each state department:
(a) Estimated costs to be recovered from transportation funds.
(b) Description of services provided to the department and/or transportation
funds and financed with transportation funds.
(c) Detailed cost allocation methods appropriate to the type of services being
provided and the activities financed with transportation funds.
(2) Not later than 2 months after publication of the state of Michigan
comprehensive annual financial report, each state department receiving funding
pursuant to an interdepartment contract with the department shall submit a written
report to the department, the state budget director, and the house and senate fiscal
agencies stating by spending authorization account the amount of estimated funds
contracted with the department, the amount of funds expended, the amount of funds
returned to the transportation funds, and any unreimbursed transportation-related
costs incurred but not billed to transportation funds. A copy of the report shall be
submitted to the auditor general, and the report shall be subject to audit.
(3) The auditor general shall use a risk-based approach in developing an audit
program for the use of transportation funds.
Sec. 19-307. 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
rolling 5-year plan listing by county or by county road commission all highway
construction projects for the fiscal year and all expected projects for the ensuing
fiscal years.
Sec. 19-310. The department shall provide in a timely manner copies of the agenda
and approved minutes of monthly transportation commission meetings to the members of
the house and senate appropriations subcommittees on transportation, the house and
senate fiscal agencies, and the state budget director.
Sec. 19-313. (1) From funds appropriated in part 1, the department may increase a
state infrastructure bank program and grant or loan funds in accordance with
regulations of the state infrastructure bank program of the United States Department
of Transportation. The state infrastructure bank is to be administered by the
department for the purpose of providing a revolving, self-sustaining resource for
financing transportation infrastructure projects.
(2) In addition to funds provided in subsection (1), money received by the state
as federal grants, repayment of state infrastructure bank loans, or other
reimbursement or revenue received by the state as a result of projects funded by the
program and interest earned on that money shall be deposited in the revolving state
infrastructure bank fund and shall be available for transportation infrastructure
projects. At the close of the fiscal year, any unencumbered funds remaining in the
state infrastructure bank fund shall remain in the fund and be carried forward into
the succeeding fiscal year.
Sec. 19-383. (1) The department shall prepare a report on use of department-owned
aircraft during the fiscal year ending September 30, 2017. With respect to each
department-owned aircraft, the report shall include all of the following:
(a) Total hours of usage.
(b) Description of specific flights including dates of travel, names of
passengers including state agency, university, or local government affiliation, travel
origin and destination, and total estimated costs associated with the air travel.
(2) The report shall be submitted to the senate and house appropriations
subcommittees on transportation and the house and senate fiscal agencies no later than
February 1, 2018.
(3) The department shall maintain a system for recovering the cost of operating
department-owned aircraft through charges to aircraft users.
(4) From the funds appropriated in part 1, the department is prohibited from
transporting legislators or legislative staff on state-owned aircraft without prior
approval from the senate majority leader or the speaker of the house of
representatives and only when the aircraft is already scheduled by state agencies on
related official state business.
Sec. 19-384. (1) Except as otherwise provided in subsection (2), the department
shall not obligate the state to expend any state transportation revenue for
construction planning or construction of the Detroit River International Crossing or a
renamed successor. In addition, except as provided in subsection (2), the department
shall not commit the state to any new contract related to the construction planning or
construction of the Detroit River International Crossing or a renamed successor that
would obligate the state to expend any state transportation revenue. An expenditure
for staff resources used in connection with project activities, which expenditure is
subject to full and prompt reimbursement from Canada, shall not be considered an
expenditure of state transportation revenue.
(2) If the legislature enacts specific enabling legislation for the construction
of the Detroit River International Crossing or a renamed successor, subsection (1)
does not apply once the enabling legislation goes into effect.
Sec. 19-385. (1) The department shall submit reports to the state budget
director, the speaker of the house, the house minority leader, the senate majority
leader, the senate minority leader, the house and senate appropriations subcommittees
on transportation, and the house and senate fiscal agencies on department activities
related to all nonconstruction or construction planning activities related to the
Detroit River International Crossing or a renamed successor. The initial report shall
be submitted on or before December 1, 2017 and shall cover the fiscal year ending
September 30, 2017.
(2) The initial report shall include, at a minimum, all of the following:
(a) Department costs incurred in the fiscal year ending September 30, 2017,
including employee salaries, wages, benefits, travel, and contractual services, and
what activities those costs were related to.
(b) Costs of other executive branch agencies incurred in the fiscal year ending
September 30, 2017, including employee salaries, wages, benefits, travel, and
contractual services, and what activities those costs were related to.
(c) A breakdown of the source of funds used for the activities described in
subdivisions (a) and (b).
(d) A breakdown of reimbursements made by Canada under section 384(1) to the
state for expenditures for staff resources used in connection with project activities.
(e) A narrative description of the status of the Detroit River International
Crossing or a renamed successor, including efforts undertaken to implement provisions
of the crossing agreement executed June 15, 2012 by representatives of the Canadian
government and this state.
(3) After submission of the initial report, a subsequent report shall be
submitted on March 1, 2018, June 1, 2018, and September 1, 2018 and shall include the
same information described in subsection (2) for the applicable previous fiscal
quarter.
Sec. 19-395. From the funds appropriated in part 1 for state trunkline federal
aid road and bridge construction, the department may expend up to $10,000,000.00 on
highway maintenance activities to support safety-related, high-priority, and other
deferred routine maintenance needs on Michigan's state trunkline network.
FEDERAL
Sec. 19-402. A portion of the federal DOT-FHWA highway research, planning, and
construction funds made available to this state shall be allocated to transportation
programs administered by local jurisdictions in accordance with section 10o of 1951 PA
51, MCL 247.660o. A local road agency, with respect to a project approved for federal
aid funding in a state transportation improvement program, may enter into a voluntary
buyout agreement with the department or with another local road agency to exchange the
federal aid with state restricted transportation funds as agreed to by the respective
parties. The state restricted transportation funds received in exchange for federal
aid funds shall be used for the same purpose as the federal aid funds were originally
intended.
MICHIGAN TRANSPORTATION FUND
Sec. 19-501. The money received under the motor carrier act, 1933 PA 254, MCL
475.1 to 479.42, and not appropriated to the department of licensing and regulatory
affairs or the department of state police is deposited in the Michigan transportation
fund.
Sec. 19-503. (1) The funds appropriated in part 1 for the economic development
and local bridge programs shall not lapse at the end of the fiscal year but shall
carry forward each fiscal year for the purposes for which appropriated in accordance
with 1987 PA 231, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL
247.660.
(2) Interest earned in the department of transportation economic development fund
and local bridge fund shall remain in the respective funds and shall be allocated to
the respective programs based on actual interest earned at the end of each fiscal
year.
(3) In addition to the funds appropriated in part 1, the department of
transportation economic development fund and local bridge fund may receive federal,
local, or private funds or restricted source funds such as interest earnings. These
funds are appropriated for projects that are consistent with the purposes of the
respective funds.
(4) None of the funds statutorily dedicated to the transportation economic
development fund and local bridge fund shall be diverted to other projects.
Sec. 19-504. Funds from the Michigan transportation fund shall be distributed to
the comprehensive transportation fund, the economic development fund, the recreation
improvement fund, and the state trunkline fund, in accordance with this part and part
1 and part 711 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.71101 to 324.71108, and may only be used as specified in this part and part 1,
1951 PA 51, MCL 247.651 to 247.675, and part 711 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.71101 to 324.71108.
STATE TRUNKLINE FUND
Sec. 19-604. At the close of the fiscal year, any unencumbered and unexpended
balance in the state trunkline fund shall remain in the state trunkline fund and shall
carry forward and is appropriated for federal aid road and bridge programs for
projects contained in the annual state transportation program.
Sec. 19-605. (1) From the increased funds appropriated in part 1 for highway
maintenance, the department shall expand highway maintenance activities in the current
fiscal year to support flooding mitigation-related activities on limited access state
trunklines in Wayne, Oakland and Macomb counties, as well as other safety-related,
high-priority and deferred routine maintenance needs on Michigan's state trunkline
network.
(2) The department shall identify specific outcomes and performance measures
including, but not limited to, the following:
(a) Number of drainage catch basins cleaned on limited-access state trunklines in
Wayne, Oakland and Macomb counties during the fiscal year ending September 30, 2018.
(b) Number of flooding-related closures on limited-access state trunklines in
Wayne, Oakland and Macomb counties during the fiscal year ending September 30, 2018.
TRANSIT AND RAIL RELATED FUNDS
Sec. 19-701. The department shall establish an intercity bus equipment and
facility fund as a subsidiary fund within the comprehensive transportation fund
created under section 10b of 1951 PA 51, MCL 247.660b. Proceeds received by this state
from the sale of state-owned intercity bus equipment shall be credited to the
intercity bus equipment and facility fund for the purchase and repair of intercity bus
equipment, as appropriated. Security deposits not returned to a lessee of state-owned
intercity bus equipment under terms of the lease agreement shall be credited to the
intercity bus equipment and facility fund for the repair of intercity bus equipment,
as appropriated. Money received by the department from lease payments for state-owned
intercity bus equipment, and facility maintenance charges under terms of leases of
state-owned intercity facilities, shall be credited to the intercity bus equipment and
facility fund for the purchase and repair of intercity bus equipment or for the
maintenance and rehabilitation of state-owned intercity facilities, as appropriated.
At the close of the fiscal year, any funds remaining in the intercity bus equipment
and facility fund shall remain in the fund and be carried forward into the succeeding
fiscal year.
Sec. 19-702. Money that is received by this state as repayment for loans made for
rail or water freight capital projects, and as a result of the sale of property or
equipment used or projected to be used for rail or water freight projects shall be
deposited in the rail freight fund created by section 17 of the state transportation
preservation act of 1976, 1976 PA 295, MCL 474.67. At the close of the fiscal year,
any funds remaining in the rail freight fund shall remain in the fund and be carried
forward into the succeeding fiscal year.
Sec. 19-704. 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, 2018. The department also
shall update and resubmit the final report on or before November 1, 2018.
Sec. 19-706. The Detroit/Wayne County Port Authority shall issue a complete
operations assessment and a financial disclosure statement. The operations assessment
shall include operational goals for the next 5 years and recommendations to improve
land acquisition and development efficiency. The report shall be completed and
submitted to the house of representatives and senate appropriations subcommittees on
transportation, the state budget director, and the house and senate fiscal agencies by
June 30 of each fiscal year for the prior fiscal year.
Sec. 19-711. (1) As prescribed in subsection (2), the department shall submit
reports to the state budget director, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal agencies on rail
passenger service provided by Amtrak under a contractual agreement with the
department. The report shall be submitted on or before May 1 of each year.
(2) The report shall include all of the following:
(a) Passenger counts for the preceding fiscal year for each Amtrak service route
in Michigan.
(b) Revenue and operating expenses by Amtrak route.
(c) Total state operating payments to Amtrak in the preceding fiscal year by
Amtrak route.
(d) A discussion of major factors affecting route costs and revenue and net state
costs in the preceding fiscal year, and factors affecting route costs and revenue and
net state costs anticipated in the current and future fiscal years.
Sec. 19-735. For the fiscal year ending September 30, 2018, the appropriation to
a street railway pursuant to section 10e(22) of 1951 PA 51, MCL 247.660e, is $0.
AERONAUTICS FUND
Sec. 19-801. Except as otherwise provided in section 903 for capital outlay, at
the close of the fiscal year, any unobligated and unexpended balance in the state
aeronautics fund created in the aeronautics code of the state of Michigan, 1945 PA
327, MCL 259.1 to 259.208, shall lapse to the state aeronautics fund and be
appropriated by the legislature in the immediately succeeding fiscal year.
CAPITAL OUTLAY
Sec. 19-901. (1) From federal-state-local project appropriations contained in
part 1 for the purpose of assisting political entities and subdivisions of this state
in the construction and improvement of publicly used airports and landing fields
within this state, the state transportation department may permit the award of
contracts on behalf of units of local government for the authorized locations not to
exceed the indicated amounts, of which the state allocated portion shall not exceed
the amount appropriated in part 1.
(2) Political entities and subdivisions shall provide not less than 5% of the
cost of any project under this section, unless a total nonfederal share greater than
10% is otherwise specified in federal law. State money shall not be allocated until
local money is allocated. State money for any 1 project shall not exceed 1/3 of the
total appropriation in part 1 from state funds for airport improvement programs.
(3) The Michigan aeronautics commission may take those steps necessary to match
federal money available for airport construction and improvement within this state and
to meet the matching requirements of the federal government. Whether acting alone or
jointly with another political subdivision or public agency or with this state, a
political subdivision or public agency of this state shall not submit to any agency of
the federal government a project application for airport planning or development
unless it is authorized in this part and part 1 and the project application is
approved by the governing body of each political subdivision or public agency making
the application and by the Michigan aeronautics commission.
Sec. 19-903. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with the provisions of section 248 of
the management and budget act, 1984 PA 431, MCL 18.1248.
Article 20
DEPARTMENT OF TREASURY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 20-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of treasury are appropriated for the fiscal
year ending September 30, 2018, and are anticipated to be appropriated for the fiscal
year ending September 30, 2019, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF TREASURY
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 10.0 10.0
Full-time equated classified positions.................. 1,952.5 1,952.5
GROSS APPROPRIATION...................................... $ 1,865,702,000 $ 1,883,983,500
Total interdepartmental grants and interdepartmental
transfers............................................... 12,613,700 12,613,700
ADJUSTED GROSS APPROPRIATION............................. $ 1,853,088,300 $ 1,871,369,800
Total federal revenues................................. . 27,022,600 27,022,600
Total local revenues..................................... 14,516,000 13,016,000
Total private revenues................................... 27,500 27,500
Total other state restricted revenues.................... 1,605,173,700 1,628,000,200
State general fund/general purpose....................... $ 206,348,500 $ 203,303,500
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 204,348,500 203,303,500
One-time state general fund/general purpose........... 2,000,000 0
Sec. 20-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 10.0 10.0
Full-time equated classified positions.................. 433.0 433.0
Unclassified salaries-10.0 FTE positions................. $ 1,025,300 $ 1,025,300
Department services-88.0 FTE positions................... 9,251,600 9,251,600
Executive direction and operations-46.0 FTE positions.... 7,867,200 7,867,200
Office of accounting services-28.0 FTE positions......... 2,786,400 2,786,400
Office of collections-204.0 FTE positions................ 27,881,600 27,944,100
Office of financial services-38.0 FTE positions.......... 4,513,600 4,513,600
Property management...................................... 6,253,700 6,253,700
Unclaimed property-29.0 FTE positions.................... 4,852,900 4,852,900
Worker's compensation.................................... 26,500 26,500
GROSS APPROPRIATION...................................... $ 64,458,800 $ 64,521,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human services......... 778,500 778,500
IDG from other restricted funding........................ 8,850,000 8,850,000
Federal revenues:
Other federal revenues................................... 66,900 66,900
Special revenue funds:
Local revenues........................................... 102,500 102,500
Other state restricted revenues.......................... 41,802,400 41,864,900
State general fund/general purpose....................... $ 12,858,500 $ 12,858,500
Sec. 20-103. LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions.................. 111.0 111.0
Local finance-21.0 FTE positions......................... $ 2,622,800 $ 2,622,800
Property tax assessor training-4.0 FTE positions......... 1,041,700 1,041,700
Supervision of the general property tax law-86.0 FTE
positions............................................... 14,378,700 14,378,700
GROSS APPROPRIATION...................................... $ 18,043,200 $ 18,043,200
Appropriated from:
Special revenue funds:
Local revenues........................................... 2,010,700 2,010,700
Other state restricted revenues.......................... 4,115,100 4,115,100
State general fund/general purpose....................... $ 11,917,400 $ 11,917,400
Sec. 20-104. TAX PROGRAMS
Full-time equated classified positions.................. 782.0 782.0
Bottle act implementation................................ $ 250,000 $ 250,000
Health insurance claims fund-15.0 FTE positions.......... 2,080,800 2,080,800
Home heating assistance.................................. 3,089,300 3,089,300
Office of revenue and tax analysis-21.0 FTE positions.... 3,643,600 3,643,600
Tax and economic policy-51.0 FTE positions............... 8,002,300 8,002,300
Tax compliance-340.0 FTE positions....................... 45,680,400 45,780,400
Tax processing-342.0 FTE positions....................... 38,826,300 38,888,800
Tobacco tax enforcement-13.0 FTE positions............... 1,518,600 1,518,600
GROSS APPROPRIATION...................................... $ 103,091,300 $ 103,253,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation.................... 2,373,900 2,373,900
Federal revenues:
Other federal revenues................................... 3,089,300 3,089,300
Special revenue funds:
Other state restricted revenues.......................... 78,266,600 78,429,100
State general fund/general purpose....................... $ 19,361,500 $ 19,361,500
Sec. 20-105. FINANCIAL PROGRAMS
Full-time equated classified positions.................. 216.5 216.5
Common cash and debt management-21.5 FTE positions....... $ 1,676,500 $ 1,676,500
Dual enrollment payments................................. 2,007,600 2,007,600
Financial independence team-15.0 FTE positions........... 5,245,800 5,245,800
Investments-82.0 FTE positions........................... 20,713,700 20,713,700
John R. Justice grant program............................ 288,100 288,100
Michigan finance authority - bond finance programs-
72.5 FTE positions...................................... 25,962,900 25,962,900
Student financial assistance programs-25.5 FTE
positions............................................... 2,704,300 2,704,300
GROSS APPROPRIATION...................................... $ 58,598,900 $ 58,598,900
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 211,300 211,300
Federal revenues:
Other federal revenues................................... 23,238,600 23,238,600
Special revenue funds:
Michigan merit award trust fund.......................... 1,172,200 1,172,200
Other state restricted revenues.......................... 24,802,600 24,802,600
State general fund/general purpose....................... $ 9,174,200 $ 9,174,200
Sec. 20-106. DEBT SERVICE
Clean Michigan initiative................................ $ 62,751,000 $ 59,696,000
Great Lakes water quality bond........................... 22,865,000 25,427,000
Quality of life bond..................................... 21,964,000 21,412,000
GROSS APPROPRIATION...................................... $ 107,580,000 $ 106,535,000
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 107,580,000 $ 106,535,000
Sec. 20-107. GRANTS
Beat the streets......................................... $ 100,000 $ 100,000
Convention facility development distribution............. 90,950,000 90,950,000
Emergency 911 payments................................... 27,000,000 27,000,000
Health and safety fund grants............................ 1,500,000 1,500,000
Medical marihuana excise fund grants..................... 3,960,000 10,890,000
Senior citizen cooperative housing tax exemption
program................................................. 10,720,000 10,720,000
GROSS APPROPRIATION...................................... $ 134,230,000 $ 141,160,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 123,410,000 130,340,000
State general fund/general purpose....................... $ 10,820,000 $ 10,820,000
Sec. 20-108. BUREAU OF STATE LOTTERY
Full-time equated classified positions.................. 191.0 191.0
Lottery information technology services and projects..... $ 5,254,500 $ 5,254,500
Lottery operations-191.0 FTE positions................... 25,619,700 25,619,700
GROSS APPROPRIATION...................................... $ 30,874,200 $ 30,874,200
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 30,874,200 30,874,200
State general fund/general purpose....................... $ 0 $ 0
Sec. 20-109. GAMING CONTROL
Full-time equated classified positions.................. 143.0 143.0
Gaming control administration-133.0 FTE positions........ $ 26,457,300 $ 26,457,300
Gaming control information technology services and
projects................................................ 2,526,000 2,526,000
Horse racing-10.0 FTE positions.......................... 2,021,400 2,021,400
Michigan gaming control board............................ 50,000 50,000
GROSS APPROPRIATION...................................... $ 31,054,700 $ 31,054,700
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 31,054,700 31,054,700
State general fund/general purpose....................... $ 0 $ 0
Sec. 20-110. PAYMENTS IN LIEU OF TAXES
Commercial forest reserve................................ $ 3,368,100 $ 3,368,100
Purchased lands.......................................... 8,677,900 8,677,900
Swamp and tax reverted lands............................. 15,605,600 15,605,600
GROSS APPROPRIATION...................................... $ 27,651,600 $ 27,651,600
Appropriated from:
Special revenue funds:
Private revenues......................................... 27,500 27,500
Other state restricted revenues.......................... 5,332,900 5,332,900
State general fund/general purpose....................... $ 22,291,200 $ 22,291,200
Sec. 20-111. REVENUE SHARING
City, village, and township revenue sharing.............. $ 243,040,000 $ 243,040,000
Constitutional state general revenue sharing grants...... 773,544,100 795,015,600
County incentive program................................. 43,160,400 43,160,400
County revenue sharing................................... 174,747,700 174,747,700
Financially distressed cities, villages, or townships.... 5,000,000 5,000,000
GROSS APPROPRIATION...................................... $ 1,239,492,200 $ 1,260,963,700
Appropriated from:
Special revenue funds:
Sales tax................................................ 1,239,492,200 1,260,963,700
State general fund/general purpose....................... $ 0 $ 0
Sec. 20-112. STATE BUILDING AUTHORITY
Full-time equated classified positions.................. 4.0 4.0
State building authority-4.0 FTE positions............... $ 732,000 $ 732,000
GROSS APPROPRIATION...................................... $ 732,000 $ 732,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 732,000 732,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 20-113. CITY INCOME TAX ADMINISTRATION PROGRAM
Full-time equated classified positions.................. 72.0 72.0
City income tax administration-72.0 FTE positions........ $ 9,685,300 $ 9,685,300
GROSS APPROPRIATION...................................... $ 9,685,300 $ 9,685,300
Appropriated from:
Special revenue funds:
Local revenues........................................... 9,685,300 9,685,300
State general fund/general purpose....................... $ 0 $ 0
Sec. 20-114. INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects............................................ $ 30,909,800 $ 30,909,800
GROSS APPROPRIATION...................................... $ 30,909,800 $ 30,909,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation.................... 400,000 400,000
Federal revenues:
Other federal revenues................................... 627,800 627,800
Special revenue funds:
Local revenues........................................... 1,217,500 1,217,500
Other state restricted revenues.......................... 18,318,800 18,318,800
State general fund/general purpose....................... $ 10,345,700 $ 10,345,700
Sec. 20-115. ONE-TIME APPROPRIATIONS
City income tax administration........................... $ 1,500,000 $ 0
City, village, and township revenue sharing.............. 5,800,000 0
Treasury operations information technology services
and projects............................................ 2,000,000 0
GROSS APPROPRIATION...................................... $ 9,300,000 $ 0
Appropriated from:
Special revenue funds:
Local revenues........................................... 1,500,000 0
Sales tax................................................ 5,800,000 0
State general fund/general purpose....................... $ 2,000,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2018
GENERAL SECTIONS
Sec. 20-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2018
is $1,811,522,200.00 and state spending from state resources to be paid to local units
of government for fiscal year 2018 is $1,404,967,800.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF TREASURY
County incentive program................................................ $ 43,160,400
County revenue sharing.................................................. 174,747,700
Swamp and tax reverted lands............................................ 15,605,600
Medical marihuana excise fund grants.................................... 3,960,000
Constitutional state general revenue sharing grants..................... 773,544,100
Health and safety fund grants........................................... 1,500,000
Senior citizen cooperative housing tax exemption program................ 10,720,000
Commercial forest reserve............................................... 3,368,100
Financially distressed cities, villages, or townships................... 5,000,000
Convention facility development distribution............................ 90,950,000
Purchased lands......................................................... 8,677,900
City, village, and township revenue sharing............................. 248,840,000
Emergency 911 payments.................................................. 24,894,000
TOTAL..................................................................... $ 1,404,967,800
Sec. 20-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 20-203. As used in this article:
(a) "Department" means the department of Treasury.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "JCOS" means the joint capital outlay subcommittee.
(f) "MEGA" means the Michigan Economic Growth Authority.
Sec. 20-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement 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. 20-205. 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. 20-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 20-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 20-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 20-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 20-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $10,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $200,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $40,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 20-211. 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. 20-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2017
and September 30, 2018.
Sec. 20-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the agency's performance.
Sec. 20-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2018 are estimated at
$43,024,600.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $22,140,700.00. Total agency appropriations for retiree
health care legacy costs are estimated at $20,883,900.00.
Sec. 20-215. Funds appropriated in part 1 shall not be used by this state, a
department, an agency, or an authority of this state to purchase an ownership interest
in a casino enterprise or a gambling operation as those terms are defined in the
Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
DEPARTMENT OF TREASURY OPERATIONS
Sec. 20-902. (1) Amounts needed to pay for interest, fees, principal, mandatory
and optional redemptions, arbitrage rebates as required by federal law, and costs
associated with the payment, registration, trustee services, credit enhancements, and
issuing costs in excess of the amount appropriated to the department of treasury in
part 1 for debt service on notes and bonds that are issued by the state under sections
14, 15, and 16 of article IX of the state constitution of 1963 as implemented by 1967
PA 266, MCL 17.451 to 17.455, are appropriated.
(2) In addition to the amount appropriated to the department of treasury for debt
service in part 1, there is appropriated an amount for fiscal year cash-flow borrowing
costs to pay for interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to
12.53.
(3) In addition to the amount appropriated to the department of treasury for debt
service in part 1, there is appropriated all repayments received by the state on loans
made from the school bond loan fund not required to be deposited in the school loan
revolving fund by or pursuant to section 4 of 1961 PA 112, MCL 388.984, to the extent
determined by the state treasurer, for the payment of debt service, including, without
limitation, optional and mandatory redemptions, on bonds, notes or commercial paper
issued by the state pursuant to 1961 PA 112, MCL 388.981 to 388.985.
Sec. 20-903. (1) From the funds appropriated in part 1, the department of
treasury may contract with private collection agencies and law firms to collect taxes
and other accounts due this state. In addition to the amounts appropriated in part 1
to the department of treasury, there are appropriated amounts necessary to fund
collection costs and fees not to exceed 25% of the collections or 2.5% plus operating
costs, whichever amount is prescribed by each contract. The appropriation to fund
collection costs and fees for the collection of taxes or other accounts due this state
are from the fund or account to which the revenues being collected are recorded or
dedicated. However, if the taxes collected are constitutionally dedicated for a
specific purpose, the appropriation of collection costs and fees are from the general
purpose account of the general fund.
(2) From the funds appropriated in part 1, the department of treasury may
contract with private collections agencies and law firms to collect defaulted student
loans and other accounts due the Michigan guaranty agency. In addition to the amounts
appropriated in part 1 to the department of treasury, there are appropriated amounts
necessary to fund collection costs and fees not to exceed 24.34% of the collection or
a lesser amount as prescribed by the contract. The appropriation to fund collection
costs and fees for the auditing and collection of defaulted student loans due the
Michigan guaranty agency is from the fund or account to which the revenues being
collected are recorded or dedicated.
(3) The department of treasury shall submit a report for the immediately
preceding fiscal year ending September 30 to the state budget director and the senate
and house of representatives standing committees on appropriations not later than
November 30 stating the agencies or law firms employed, the amount of collections for
each, the costs of collection, and other pertinent information relating to determining
whether this authority should be continued.
Sec. 20-904. (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 and the state budget office concerning the
performance of each portfolio by investment advisor.
Sec. 20-904a. (1) There is appropriated an amount sufficient to recognize and pay
expenditures for financial services provided by financial institutions as provided
under section 1 of 1861 PA 111, MCL 21.181.
(2) The appropriations under subsection (1) shall be funded by restricting
revenues from common cash interest earnings and investment earnings in an amount
sufficient to record these expenditures. If the amounts of common cash interest
earnings are insufficient to cover these costs, then miscellaneous revenues shall be
used to fund the remaining balance of these expenditures.
Sec. 20-905. A revolving fund known as the municipal finance fee fund is created
in the department 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. 20-906. (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 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. 20-907. 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. 20-908. The amount appropriated in part 1 to the department of treasury,
home heating assistance program, is to cover the costs, including data processing, of
administering federal home heating credits to eligible claimants and to administer the
supplemental fuel cost payment program for eligible tax credit and welfare recipients.
Sec. 20-909. Revenue from the airport parking tax act, 1987 PA 248, MCL 207.371
to 207.383, is appropriated and shall be distributed under section 7a of the airport
parking tax act, 1987 PA 248, MCL 207.377a.
Sec. 20-910. The disbursement by the department of treasury from the bottle
deposit fund to dealers as required by section 3c(2) of 1976 IL 1, MCL 445.573c, is
appropriated.
Sec. 20-911. (1) There is appropriated an amount sufficient to recognize and pay
refundable income tax credits as provided by the management and budget act, 1984 PA
431, MCL 18.1101 to 18.1594.
(2) The appropriations under subsection (1) shall be funded by restricting income
tax revenue in an amount sufficient to record these expenditures.
Sec. 20-912. A plaintiff in a garnishment action involving this state shall pay
to the state treasurer 1 of the following:
(a) A fee of $6.00 at the time a writ of garnishment of periodic payments is
served upon the state treasurer, as provided in section 4012 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.4012.
(b) A fee of $6.00 at the time any other writ of garnishment is served upon the
state treasurer, except that the fee shall be reduced to $5.00 for each writ of
garnishment for individual income tax refunds or credits filed by magnetic media.
Sec. 20-913. (1) The department of treasury may contract with private firms to
appraise and, if necessary, appeal the assessments of senior citizen cooperative
housing units. Payment for this service shall be from savings resulting from the
appraisal or appeal process.
(2) Of the funds appropriated in part 1 to the department of treasury for the
senior citizens' cooperative housing tax exemption program, a portion may be utilized
for a program audit of the program. The department of treasury shall forward copies of
any audit report completed to the senate and house of representatives standing
committees on appropriations subcommittees on general government and to the state
budget office. The department of treasury may utilize up to 1% of the funds for
program administration and auditing.
Sec. 20-914. 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. 20-915. Pursuant to section 61 of the Michigan campaign finance act, 1976 PA
388, MCL 169.261, there is appropriated from the general fund to the state campaign
fund an amount equal to the amounts designated for tax year 2016. Except as otherwise
provided in this section, the amount appropriated shall not revert to the general fund
and shall remain in the state campaign fund. Any amounts remaining in the state
campaign fund in excess of $10,000,000.00 on December 31 shall revert to the general
fund.
Sec. 20-916. The department of treasury may make available to interested entities
otherwise unavailable customized unclaimed property listings of nonconfidential
information in its possession. The charge for this information is as follows: 1 to
100,000 records at 2.5 cents per record and 100,001 or more records at .5 cents per
record. The revenue received from this service shall be deposited to the appropriate
revenue account or fund. The department shall submit an annual report on or before
June 1 to the state budget director and the senate and house of representatives
standing committees on appropriations that states the amount of revenue received from
the sale of information.
Sec. 20-917. (1) There is appropriated for write-offs and advances an amount
equal to total write-offs and advances for departmental programs, but not to exceed
current year authorizations that would otherwise lapse to the general fund.
(2) The department of treasury shall submit a report for the immediately
preceding fiscal year to the state budget director and the senate and house fiscal
agencies not later than November 30 stating the amounts appropriated for write-offs
and advances under subsection (1).
Sec. 20-919. (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 and the senate
and house of representatives standing committees on appropriations not later than
November 30 stating the auditing firms employed, the amount of collections for each,
the costs of collection, and other pertinent information relating to determining
whether this authority should be continued.
Sec. 20-924. (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 and the senate and house fiscal
agencies not later than December 31 stating the amount of exemptions denied and the
revenue received under the program.
Sec. 20-926. Unexpended appropriations of the John R. Justice grant program are
designated as work project appropriations and shall not lapse at the end of the fiscal
year and shall continue to be available for expenditure until the project has been
completed. The following is in compliance with section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide student loan forgiveness to
qualified public defenders and prosecutors.
(b) The project will be accomplished by utilizing state employees or contracts
with private vendors, or both.
(c) The total estimated cost of the project is $288,100.00.
(d) The tentative completion date is September 30, 2019.
Sec. 20-928. The department of treasury may provide receipt, warrant and cash
processing, data, collection, investment, fiscal agent, levy and warrant cost
assessment, writ of garnishment, and other user services on a contractual basis for
other principal executive departments and state agencies. Funds for the services
provided are appropriated and shall be expended for salaries and wages, fees,
supplies, and equipment necessary to provide the services. Any unobligated balance of
the funds received shall revert to the general fund of this state as of September 30.
Sec. 20-930. (1) The department of treasury shall provide accounts receivable
collections services to other principal executive departments and state agencies under
1927 PA 375, MCL 14.131 to 14.134. The department of treasury shall deduct a fee equal
to the cost of collections from all receipts except unrestricted general fund
collections. Fees shall be credited to a restricted revenue account and appropriated
to the department of treasury to pay for the cost of collections. The department of
treasury shall maintain accounting records in sufficient detail to enable the
respective accounts to be reimbursed periodically for fees deducted that are
determined by the department of treasury to be surplus to the actual cost of
collections.
(2) The department of treasury shall submit a report for the immediately
preceding fiscal year to the state budget director and the senate and house fiscal
agencies not later than November 30 stating the principal executive departments and
state agencies served, funds collected, and costs of collection under subsection (1).
Sec. 20-931. 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. 20-932. Revenue received under the Michigan education trust act, 1986 PA
316, MCL 390.1421 to 390.1442, may be expended by the board of directors of the
Michigan education trust for necessary salaries, wages, supplies, contractual
services, equipment, worker's compensation insurance premiums, and grants to the civil
service commission and state employees' retirement fund.
Sec. 20-934. The department 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.
Sec. 20-935. The funds appropriated in part 1 for dual enrollment payments for an
eligible student enrolled in a state-approved nonpublic school shall be distributed as
provided under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
388.524, and the career and technical preparation act, 2000 PA 258, MCL 388.1901 to
388.1913, in a form and manner as determined by the department of treasury.
Sec. 20-937. From the funds appropriated in part 1, the department of treasury
shall submit a report to the state budget director and the senate and house standing
committees on appropriations not later than March 31 regarding the performance of the
Michigan accounts receivable collections system. The report shall include, but is not
limited to:
(a) Information regarding the effectiveness of the department's current
collection strategies, including use of vendors or contractors.
(b) The amount of delinquent accounts and collection referrals to vendors and
contractors.
(c) The liquidation rates for declining delinquent accounts.
(d) The profile of uncollected delinquent accounts, including specific
uncollected amounts by category.
(e) The department's strategy to manage delinquent accounts once those accounts
exceed the vendor's or contractor's contracted collectible period.
(f) A summary of the strategies used in other states, including, but not limited
to, secondary placement services, and assessing the benefits of those strategies.
Sec. 20-941. (1) The department of treasury, in conjunction with the Michigan
strategic fund, shall report to the senate and house of representatives appropriations
subcommittees on general government, the senate and house fiscal agencies, and the
state budget office by 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 appropriations subcommittees on general government, 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. 20-945. Reviews of local unit assessment administration practices,
procedures, and records, also known as the audit of minimal assessing requirements,
shall be conducted in each assessment jurisdiction a minimum of once every five years.
Sec. 20-946. Revenue collected in the convention facility development fund is
appropriated and shall be distributed under sections 8 and 9 of the state convention
facility development act, 1985 PA 106, MCL 207.628 and 207.629.
Sec. 20-947. 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. 20-949. (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
$1,600,000.00 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 and the senate
and house of representatives standing committees on appropriations 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 the determining whether this
authority should be continued.
Sec. 20-949d. (1) From the funds appropriated in part 1 for financial review
commission, the department shall continue financial review commission efforts in the
current fiscal year. The purpose of the funding is to provide ongoing costs associated
with the operation of the commission.
(2) The department shall identify specific outcomes and performance measures for
this initiative, including, but not limited to, the department's ability to perform a
critical fiscal review to ensure the city of Detroit does not reenter distress
following its exit from bankruptcy and to ensure that the community district does not
enter distress and maintains a balanced budget.
Sec. 20-949e. From the funds appropriated in part 1 for the state essential
services assessment program, the department of treasury shall administer the state
essential services assessment program. The program will provide the department the
ability to collect the state essential services assessment which is a phased-in
replacement of locally collected personal property taxes on eligible manufacturing
personal property.
Sec. 20-949f. Revenue from the tobacco products tax act, 1993 PA 327, MCL 205.421
to 205.436, related to counties with a 2000 population of more than 2,000,000 is
appropriated and shall be distributed under section 12(4)(d) of the tobacco products
tax act, 1993 PA 327, MCL 205.432.
Sec. 20-949h. Revenue from medical marihuana facilities licensing act,2016 PA
281, is appropriated and shall be distributed in accordance with the provision in MCL
333.27601 to 333.27605.
Sec. 20-949i. From the funds appropriated in part 1 for additional staff in city
income tax administration, the department shall expand individual income tax returns
to one additional city to leveraging capabilities to assist cities with their taxation
efforts.
Sec. 20-949j. All funds in the Wrongful imprisonment compensation fund created in
2016 PA 343, are appropriated and available for expenditure. Expenditures are limited
to support wrongful imprisonment compensation payments pursuant to the provisions of
section 6 of 2016 PA 343.
REVENUE SHARING
Sec. 20-950. 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. 20-952. (1) The funds appropriated in part 1 for city, village, and township
revenue sharing are for grants to cities, villages, and townships such that, subject
to fulfilling the requirements under subsection (3), each city, village, or township
is eligible to receive 100% of its eligible payment under section 952 of article VIII
of 2015 PA 84. For purposes of this subsection, any city, village, or township that
completely merges with another city, village, or township will be treated as a single
entity, such that when determining the eligible payment under section 952 of article
VIII of 2015 PA 84 for the combined single entity, the amount each of the merging
local units was eligible to receive under section 952 of article VIII of 2015 PA 84 is
summed. For purposes of this subsection, population is determined in the same manner
as under section 3 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140,
MCL 141.903. In addition, any city or village that according to the 2010 federal
decennial census is determined to have population in more than 1 county shall be
treated as a single entity when determining the eligible payment under section 952 of
article VIII of 2015 PA 84.
(2) The funds appropriated in part 1 for the county incentive program are to be
used for grants to counties such that each county is eligible to receive an amount
equal to 20% of the amount by which the balance in its revenue sharing reserve fund
under section 44a of the general property tax act, 1893 PA 206, MCL 211.44a, for the
county's most recent fiscal year that ends prior to the January 1 of the state's
fiscal year is less than the amount calculated under section 44a(14) of the general
property tax act, 1893 PA 206, MCL 211.44a, for the county fiscal year that begins in
the state's fiscal year. The amount calculated under this subsection shall be adjusted
as necessary to reflect partial county fiscal years and prorated based on the total
amount appropriated for distribution to all eligible counties. Except as otherwise
provided under this subsection, payments under this subsection will be distributed to
an eligible county subject to the county's fulfilling the requirements under
subsection (3).
(3) For purposes of accountability and transparency, each eligible city, village,
township, or county shall certify by December 1, or the first day of a payment month,
that it has produced a citizen's guide of its most recent local finances, including a
recognition of its unfunded liabilities; a performance dashboard; a debt service
report containing a detailed listing of its debt service requirements, including, at a
minimum, the issuance date, issuance amount, type of debt instrument, a listing of all
revenues pledged to finance debt service by debt instrument, and a listing of the
annual payment amounts until maturity; and a projected budget report, including, at a
minimum, the current fiscal year and a projection for the immediately following fiscal
year. The projected budget report shall include revenues and expenditures and an
explanation of the assumptions used for the projections. Each eligible city, village,
township, or county shall include in any mailing of general information to its
citizens the Internet website address location for its citizen's guide, performance
dashboard, debt service report, and projected budget report or the physical location
where these documents are available for public viewing in the city, village, township,
or county clerk's office. Each city, village, township, and county applying for a
payment under this subsection shall submit a copy of the performance dashboard, a copy
of the debt service report, and a copy of the projected budget report to the
department of treasury. In addition, each eligible city, village, township, or county
applying for a payment under this subsection shall either submit a copy of the
citizen's guide or certify that the city, village, township, or county will be
utilizing Treasury's online citizen's guide. The department of treasury shall develop
detailed guidance for a city, village, township, or county to follow to meet the
requirements of this subsection. The detailed guidance shall be posted on the
department of treasury website and distributed to cities, villages, townships, and
counties by October 1.
(4) City, village, and township revenue sharing payments and county incentive
program payments are subject to the following conditions:
(a) The city, village, township, or county shall certify to the department that
it has met the required criteria for subsection (3) and submitted the required
citizen's guide, performance dashboard, debt service report, and projected budget
report as required by subsection (3). A department of treasury review of the citizen's
guide, dashboard, or reports is not required in order for a city, village, township,
or county to receive a payment under subsection (1) or (2). The department shall
develop a certification process and method for cities, villages, townships, and
counties to follow.
(b) Subject to subdivisions (c), (d), and (e), if a city, village, township, or
county meets the requirements of subsection (3), the city, village, township, or
county shall receive its full potential payment under this section.
(c) Cities, villages, and townships eligible to receive a payment under
subsection (1) shall receive 1/6 of their eligible payment on the last business day of
October, December, February, April, June, and August. Payments under subsection (1)
shall be issued to cities, villages, and townships until the specified due date for
subsection (3). After the specified due date for subsection (3), payments shall be
made to a city, village, or township only if that city, village, or township has
complied with subdivision (a).
(d) Payments under subsection (2) shall be issued to counties until the specified
due date for subsection (3). After the specified due date for subsection (3), payments
shall be made to a county only if that county has complied with subdivision (a).
(e) If a city, village, township, or county does not submit the required
certification, citizen's guide, performance dashboard, debt service report, and
projected budget report by December 1, or the first day of a payment month, the city,
village, township, or county shall either defer or forfeit the payment in that payment
month. In order to qualify for a deferred payment of any previously forfeited
amounts, a city, village, township, or county shall submit the required certification,
citizen's guide, performance dashboard, debt service report, and projected budget
report by April 1. The deferred payments shall be paid on the last business day of
August.
(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, and townships after the
approval of transfers by the legislature pursuant to section 393(2) of the management
and budget act, 1984 PA 431, MCL 18.1393.
Sec. 20-955. (1) The funds appropriated in part 1 for county revenue sharing
shall be distributed by the department of treasury so that each eligible county
receives a payment equal to 100.976% 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). The amount calculated
under this subsection shall be adjusted as necessary to reflect partial county fiscal
years and prorated based on the total amount appropriated for distribution to all
eligible counties.
(2) The department of treasury shall annually certify to the state budget
director the amount each county is authorized to expend from its revenue sharing
reserve fund.
Sec. 20-956. (1) The funds appropriated in part 1 for financially distressed
cities, villages, and 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 may
use, but is not limited to using, 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. The department of treasury shall award no more than $2,000,000.00 to any
city, village, or township under this section.
(2) The department of treasury shall provide a report to the senate and house of
representatives appropriations subcommittees on general government, the senate and
house fiscal agencies, and the state budget office by March 31. The report shall
include a list by grant recipient of the date each grant was approved, the amount of
the grant, and a description of the project or projects that will be paid by the
grant.
(3) The unexpended funds appropriated in part 1 for financially distressed
cities, villages, and 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 $5,000,000.00.
(d) The tentative completion date is September 30, 2022.
BUREAU OF STATE LOTTERY
Sec. 20-960. In addition to the funds appropriated in part 1 to the bureau of
state lottery, there is appropriated from state lottery fund revenues the amount
necessary for, and directly related to, implementing and operating lottery games under
the McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239, MCL 432.1 to 432.47,
and activities under the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL
432.101 to 432.120, including expenditures for contractually mandated payments for
vendor commissions, contractually mandated payments for instant tickets intended for
resale, the contractual costs of providing and maintaining the online system
communications network, and incentive and bonus payments to lottery retailers.
Sec. 20-964. For the bureau of state lottery, there is appropriated 1% of the
lottery's prior fiscal year's gross sales or $25,000,000.00, whichever is less, for
promotion and advertising.
GAMING CONTROL
Sec. 20-971. From the revenue collected by the Michigan gaming control board
regarding the total annual assessment of each casino licensee, $2,000,000.00 is
appropriated and shall be deposited in the compulsive gaming prevention fund as
described in section 12a(5) of the Michigan gaming control and revenue act, 1996 IL 1,
MCL 432.212a.
Sec. 20-973. (1) Funds appropriated in part 1 for local government programs may
be used to provide assistance to a local revenue sharing board referenced in an
agreement authorized by the Indian gaming regulatory act, Public Law 100-497.
(2) A local revenue sharing board described in subsection (1) shall comply with
the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) A county treasurer is authorized to receive and administer funds received for
and on behalf of a local revenue sharing board. Funds appropriated in part 1 for local
government programs may be used to audit local revenue sharing board funds held by a
county treasurer. This section does not limit the ability of local units of government
to enter into agreements with federally recognized Indian tribes to provide financial
assistance to local units of government or to jointly provide public services.
(4) A local revenue sharing board described in subsection (1) shall comply with
all applicable provisions of any agreement authorized by the Indian gaming regulatory
act, Public Law 100-497, in which the local revenue sharing board is referenced,
including, but not limited to, the disbursal of tribal casino payments received under
applicable provisions of the tribal-state class III gaming compact in which those
funds are received.
(5) The director of the department of state police and the executive director of
the Michigan gaming control board are authorized to assist the local revenue sharing
boards in determining allocations to be made to local public safety organizations.
(6) The Michigan gaming control board shall submit a report by September 30 to
the senate and house of representatives standing committees on appropriations and the
state budget director on the receipts and distribution of revenues by local revenue
sharing boards.
Sec. 20-974. If revenues collected in the state services fee fund are less than
the amounts appropriated from the fund, available revenues shall be used to fully fund
the appropriation in part 1 for casino gaming regulation activities before
distributions are made to other state departments and agencies. If the remaining
revenue in the fund is insufficient to fully fund appropriations to other state
departments or agencies, the shortfall shall be distributed proportionally among those
departments and agencies.
Sec. 20-976. The executive director of the Michigan gaming control board may pay
rewards of not more than $5,000.00 to a person who provides information that results
in the arrest and conviction on a felony or misdemeanor charge for a crime that
involves the horse racing industry. A reward paid pursuant to this section shall be
paid out of the appropriation in part 1 for the racing commission.
Sec. 20-977. All appropriations from the Michigan agriculture equine industry
development fund, except for the racing commission appropriations, shall be reduced
proportionately if revenues to the Michigan agriculture equine industry development
fund decline during the fiscal year ending September 30, 2018 to a level lower than
the amount appropriated in part 1.
Sec. 20-978. The Michigan gaming control board shall use actual expenditure data
in determining the actual regulatory costs of conducting racing dates and shall
provide that data to the senate and house appropriations subcommittees on agriculture
and general government, the state budget office, and the senate and house fiscal
agencies. The Michigan gaming control board shall not be reimbursed for more than the
actual regulatory cost of conducting race dates. Prior to the reduction in the number
of authorized race dates due to budget deficits, the executive director of the
Michigan gaming control board shall provide notice to the certified horsemen's
organizations with an opportunity to respond with alternatives. In determining actual
costs, the Michigan gaming control board shall take into account that each specific
breed may require different regulatory mechanisms.
Sec. 20-979. In addition to the funds appropriated in part 1, the Michigan gaming
control board may receive and expend state lottery fund revenue in an amount not to
exceed $4,000,000.00 for necessary expenses incurred in the licensing and regulation
of millionaire parties pursuant to Executive Order No. 2012-4. In accordance with
section 8 of the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.108, the
amount of necessary expenses shall not exceed the amount of revenue received under
that act. The Michigan gaming control board shall provide a report to the senate and
house of representatives appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget office by April 15. The report
shall include, but not be limited to, total expenditures related to the licensing and
regulating of millionaire parties, steps taken to ensure charities are receiving
revenue due to them, progress on promulgating rules to ensure compliance with the
Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.120, and any
enforcement actions taken.
STATE BUILDING AUTHORITY
Sec. 20-1100. (1) Subject to section 242 of the management and budget act, 1984
PA 431, MCL 18.1242, and upon the approval of the state building authority, the
department of treasury may expend from the general fund of the state during the fiscal
year an amount to meet the cash flow requirements of those state building authority
projects solely for lease to a state agency identified in both part 1 and this
section, and for which state building authority bonds or notes have not been issued,
and for the sole acquisition by the state building authority of equipment and
furnishings for lease to a state agency as permitted by 1964 PA 183, MCL 830.411 to
830.425, for which the issuance of bonds or notes is authorized by a legislative
appropriation act that is effective for the immediately preceding fiscal year. Any
general fund advances for which state building authority bonds have not been issued
shall bear an interest cost to the state building authority at a rate not to exceed
that earned by the state treasurer's common cash fund during the period in which the
advances are outstanding and are repaid to the general fund of the state.
(2) Upon sale of bonds or notes for the projects identified in part 1 or for
equipment as authorized by a legislative appropriation act and in this section, the
state building authority shall credit the general fund of the state an amount equal to
that expended from the general fund plus interest, if any, as defined in this section.
(3) For state building authority projects for which bonds or notes have been
issued and upon the request of the state building authority, the state treasurer shall
make advances without interest from the general fund as necessary to meet cash flow
requirements for the projects, which advances shall be reimbursed by the state
building authority when the investments earmarked for the financing of the projects
mature.
(4) In the event that a project identified in part 1 is terminated after final
design is complete, advances made on behalf of the state building authority for the
costs of final design shall be repaid to the general fund in a manner recommended by
the director.
Sec. 20-1102. (1) State building authority funding to finance construction or
renovation of a facility that collects revenue in excess of money required for the
operation of that facility shall not be released to a university or community college
unless the institution agrees to reimburse that excess revenue to the state building
authority. The excess revenue shall be credited to the general fund to offset rent
obligations associated with the retirement of bonds issued for that facility. The
auditor general shall annually identify and present an audit of those facilities that
are subject to this section. Costs associated with the administration of the audit
shall be charged against money recovered pursuant to this section.
(2) As used in this section, "revenue" includes state appropriations, facility
opening money, other state aid, indirect cost reimbursement, and other revenue
generated by the activities of the facility.
Sec. 20-1103. The state building authority shall provide to the JCOS and senate
and house fiscal agencies a report relative to the status of construction projects
associated with state building authority bonds as of September 30 of each year, on or
before October 15, or not more than 30 days after a refinancing or restructuring bond
issue is sold. The report shall include, but is not limited to, the following:
(a) A list of all completed construction projects for which state building
authority bonds have been sold, and which bonds are currently active.
(b) A list of all projects under construction for which sale of state building
authority bonds is pending.
(c) A list of all projects authorized for construction or identified in an
appropriations act for which approval of schematic/preliminary plans or total
authorized cost is pending that have state building authority bonds identified as a
source of financing.
Article 21
MISCELLANEOUS
PART 1
PROVISIONS CONCERNING APPROPRIATIONS
Sec. 21-101. The appropriations in this article are subject to the following
provisions concerning appropriations for the fiscal year ending September 30, 2018:
GENERAL SECTIONS
Sec. 21-201. (1) Pursuant to section 30 of article IX of the state constitution
of 1963, total state spending from state sources for fiscal year 2018 is estimated at
$31,907,902,400.00 in the 2018 appropriations acts and total state spending from state
sources paid to local units of government for fiscal year 2018 is estimated at
$17,680,019,300.00. The state-local proportion is estimated at 55.4% of total state
spending from state resources.
(2) If payments to local units of government and state spending from state
sources for fiscal year 2018 are different than the amounts estimated in subsection
(1), the state budget director shall report the payments to local units of government
and state spending from state sources that were made for fiscal year 2018 to the
senate and house of representatives standing committees on appropriations within 30
days after the final book-closing for fiscal year 2018.
Sec. 21-202. The appropriations authorized under this bill are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 21-211. (1) Pursuant to section 352 of the management and budget act, 1984
PA 431, MCL 18.1352, which provides for a transfer of state general fund revenue into
or out of the countercyclical budget and economic stabilization fund, the calculations
required by section 352 of the management and budget act, 1984 PA 431, MCL 18.1352,
are determined as follows:
2016 2017 2018
Michigan personal income (millions)............. $440,101 $457,265 $474,183
less: transfer payments......................... 94,290 98,721 103,657
Subtotal...................................... $345,811 $358,544 $370,526
Divided by: Detroit Consumer Price
Index for 12 months ending June 30............. 2.202 2.250 2.293
Equals: real adjusted Michigan
personal income............................. $157,044 $159,321 $161,576
Percentage change.................................. N/A 1.4% 1.4%
Growth rate in excess of 2%?....................... N/A NO NO
Equals: countercyclical budget and
economic stabilization fund pay-in
calculation for the fiscal year ending
September 30, 2018 (millions).................... N/A $0.0 N/A
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, 2018 (millions).................... N/A N/A $0.0
(2) Notwithstanding subsection (1), there is appropriated for the fiscal year
ending September 30, 2018, from general fund/general purpose revenue for deposit into
the countercyclical budget and economic stabilization fund the sum of $175,000.000.00.
(3) In addition to the appropriation to the countercyclical budget and economic
stabilization fund in subsection (2), there is appropriated to the countercyclical
budget and economic stabilization fund for the fiscal year ending September 30, 2018,
25 percent of the fiscal year 2017 general fund/general purpose unassigned fund
balance recorded as part of the state book closing process for the 2017 fiscal year.
Sec. 21-240. (1) Concurrently with the submission of the fiscal year 2019
executive budget recommendations, the state budget office shall provide the senate and
house appropriations committees, 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, 2018, the state budget director and the chairs of the senate and
house appropriations committees shall identify new programs or program enhancements
identified under subsection (1) for measurement using program-specific metrics, in
addition to the metrics required under section 447 of the management and budget act,
1984 PA 431, MCL 18.1447.
(3) By September 30, 2019, 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.
REVENUE STATEMENT
Sec. 21-301. Pursuant to section 18 of article V of the state constitution of
1963, fund balances and estimates are presented in the following statement:
BUDGET RECOMMENDATIONS BY OPERATING FUNDS
(Amounts in millions)
Fiscal Year 2018
Estimated
Beginning Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 366.0 10,057.5 7.6
School aid fund 143.4 14,797.0 7.6
Federal aid 0.0 20,128.1 0.0
Transportation funds 0.0 5,604.6 0.0
Special revenue funds 0.0 6,906.9 0.0
Other funds 709.1 28.4 1,004.0
TOTALS $1,218.5 $57,522.5 $1,019.2
