Bill Text: MI SB0802 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Appropriations: other; executive recommendation; provide for omnibus bill. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-02-26 - Referred To Committee On Appropriations [SB0802 Detail]
Download: Michigan-2019-SB0802-Introduced.html
SENATE BILL NO. 802
February 26, 2020, Introduced by Senators
HERTEL, WOJNO, GEISS, BULLOCK, BAYER, CHANG and MCCANN and referred to the
Committee on Appropriations.
the
people of the state of michigan enact:
For
Fiscal For Fiscal
Year
Ending Year Ending
Sept.
30, 2021 Sept.
30, 2022
APPROPRIATION
SUMMARY
GROSS APPROPRIATION...................................... $ 61,897,828,800 $ 61,592,195,500
Total interdepartmental grants and
interdepartmental
transfers.............................................. 1,190,124,700 1,190,124,700
ADJUSTED GROSS APPROPRIATION............................ $ 60,707,704,100 $ 60,402,070,800
Total federal revenues................................... 23,866,378,100 23,796,199,400
Total local revenues..................................... 265,437,200 265,437,200
Total private revenues................................... 197,628,900 197,228,900
Total other state restricted revenues................... 25,397,844,500 25,422,433,300
State general fund/general purpose...................... $ 10,980,415,400 $ 10,720,772,000
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, 2021, and are anticipated
to be appropriated for the fiscal year ending September 30, 2022, 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................ 514.0 514.0
GROSS APPROPRIATION...................................... $ 120,349,400 $ 110,349,400
Total interdepartmental grants and
interdepartmental
transfers.............................................. 324,400 324,400
ADJUSTED GROSS APPROPRIATION............................ $ 120,025,000 $ 110,025,000
Total federal revenues................................... 13,129,500 13,129,500
Total local revenues..................................... 0 0
Total private revenues................................... 71,300 71,300
Total other state restricted revenues................... 43,353,000 43,353,000
State general fund/general purpose...................... $ 63,471,200 $ 53,471,200
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 53,471,200 53,471,200
One-time state general fund/general purpose.......... 10,000,000 0
Sec. 1-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 27.0 27.0
Unclassified salaries-6.0 FTE positions................. $ 599,900 $ 599,900
Accounting service center................................ 1,033,800 1,033,800
Commissions and boards................................... 23,800 23,800
Emergency management-4.0 FTE positions.................. 1,328,000 1,328,000
Executive direction-23.0 FTE positions.................. 3,262,800 3,262,800
Property management...................................... 734,100 734,100
GROSS APPROPRIATION...................................... $ 6,982,400 $ 6,982,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 449,300 449,300
Special revenue funds:
Other state restricted revenues......................... 353,500 353,500
State general fund/general purpose...................... $ 6,179,600 $ 6,179,600
Sec. 1-103. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 2,068,200 $ 2,068,200
GROSS APPROPRIATION...................................... $ 2,068,200 $ 2,068,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and
regulatory
affairs................................................ 3,200 3,200
Special revenue funds:
Other state restricted revenues....................... . 205,800 205,800
State general fund/general purpose...................... $ 1,859,200 $ 1,859,200
Sec. 1-104. FOOD AND DAIRY
Full-time equated classified positions................ 134.0 134.0
Food safety and quality assurance-98.0 FTE
positions.... $ 17,371,600 $ 17,371,600
Milk safety and quality assurance-36.0 FTE
positions.... 5,640,800 5,640,800
GROSS APPROPRIATION...................................... $ 23,012,400 $ 23,012,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,890,200 2,890,200
Special revenue funds:
Other state restricted revenues......................... 5,830,200 5,830,200
State general fund/general purpose...................... $ 14,292,000 $ 14,292,000
Sec. 1-105. ANIMAL INDUSTRY
Full-time equated classified positions................ 62.0 62.0
Animal disease prevention and response-62.0
FTE
positions.............................................. $ 9,669,700 $ 9,669,700
Indemnification - livestock depredation................. 25,000 25,000
GROSS APPROPRIATION...................................... $ 9,694,700 $ 9,694,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 582,800 582,800
Special revenue funds:
Other state restricted revenues......................... 222,100 222,100
State general fund/general purpose...................... $ 8,889,800 $ 8,889,800
Sec. 1-106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions................ 95.0 95.0
Animal feed safety-10.0 FTE positions................... $ 2,097,700 $ 2,097,700
Pesticide and plant pest management-85.0 FTE
positions.. 14,443,700 14,443,700
GROSS APPROPRIATION...................................... $ 16,541,400 $ 16,541,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,777,500 1,777,500
Special revenue funds:
Private revenues......................................... 21,300 21,300
Other state restricted revenues......................... 8,953,800 8,953,800
State general fund/general purpose...................... $ 5,788,800 $ 5,788,800
Sec. 1-107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions................ 65.5 65.5
Agriculture preservation easement grants fund........... $ 1,900,000 $ 1,900,000
Environmental stewardship - MAEAP-25.0 FTE
positions.... 11,697,900 11,697,900
Farmland and open space preservation-10.0 FTE
positions.............................................. 1,601,700 1,601,700
Intercounty drain-6.0 FTE positions..................... 846,300 846,300
Migrant labor housing-9.0 FTE positions................. 1,331,400 1,331,400
Qualified forest program-9.0 FTE positions.............. 2,712,800 2,712,800
Right-to-farm-6.5 FTE positions......................... 1,003,800 1,003,800
GROSS APPROPRIATION...................................... $ 21,093,900 $ 21,093,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of environment, great
lakes, and
energy................................................. 93,400 93,400
Federal revenues:
Other federal revenues................................... 1,981,300 1,981,300
Special revenue funds:
Other state restricted revenues......................... 12,904,100 12,904,100
State general fund/general purpose...................... $ 6,115,100 $ 6,115,100
Sec. 1-108. LABORATORY SERVICES
Full-time equated classified positions................ 108.5 108.5
Central licensing and customer service call
center-
12.5 FTE positions..................................... $ 1,447,800 $ 1,447,800
Consumer protection program-42.0 FTE positions.......... 6,970,600 6,970,600
Laboratory services-43.0 FTE positions.................. 7,740,100 7,740,100
USDA monitoring-11.0 FTE positions...................... 1,683,900 1,683,900
GROSS APPROPRIATION...................................... $ 17,842,400 $ 17,842,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and
regulatory
affairs................................................ 227,800 227,800
Federal revenues:
Other federal revenues................................... 2,817,600 2,817,600
Special revenue funds:
Other state restricted revenues......................... 7,389,900 7,389,900
State general fund/general purpose...................... $ 7,407,100 $ 7,407,100
Sec. 1-109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions................ 22.0 22.0
Agriculture development-13.0 FTE positions.............. $ 4,752,700 $ 4,752,700
Fair food network - double up food bucks................ 1,000,000 1,000,000
Michigan craft beverage council-3.0 FTE
positions....... 940,300 940,300
Producer security/grain dealers-5.0 FTE
positions....... 747,000 747,000
Rural development fund grant program-1.0 FTE
position... 2,004,800 2,004,800
GROSS APPROPRIATION...................................... $ 9,444,800 $ 9,444,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,630,800 2,630,800
Special revenue funds:
Private revenues......................................... 50,000 50,000
Other state restricted revenues......................... 3,824,400 3,824,400
State general fund/general purpose...................... $ 2,939,600 $ 2,939,600
Sec. 1-110. FAIRS AND EXPOSITIONS
Fairs and racing......................................... $ 258,600 $ 258,600
Licensed tracks - light horse racing.................... 40,300 40,300
Light horse racing - breeders' awards................... 20,000 20,000
Purses and supplements - fairs/licensed tracks.......... 708,300 708,300
Standardbred breeders' awards........................... 345,900 345,900
Standardbred purses and supplements - licensed
tracks... 671,800 671,800
Standardbred sire stakes................................. 275,000 275,000
Thoroughbred breeders' awards........................... 368,600 368,600
Thoroughbred sire stakes................................. 378,800 378,800
Thoroughbred supplements - licensed tracks.............. 601,900 601,900
GROSS APPROPRIATION...................................... $ 3,669,200 $ 3,669,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 3,669,200 3,669,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 1-111. ONE-TIME APPROPRIATIONS
Conservation reserve enhancement program................ $ 10,000,000 $ 0
GROSS APPROPRIATION...................................... $ 10,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 10,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$106,824,200.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $8,800,000.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Agriculture preservation easement grants fund.......................... $ 1,900,000
Environmental stewardship - MAEAP...................................... 4,100,000
Qualified forest program............................................... 1,400,000
Rural development fund grant program................................... 1,400,000
TOTAL.................................................................... $ 8,800,000
Sec.
1-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
1-203. As used in this article:
(a)
"Department" means the department of agriculture and rural
development.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
(e)
"MAEAP" means the Michigan agriculture environmental assurance
program.
(f)
"TB" means tuberculosis.
(g)
"USDA" means the United States Department of Agriculture.
Sec.
1-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
1-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the proportion
funded with state general fund/general purpose revenues, the proportion funded
with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec.
1-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
1-209. Not later than 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. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
1-212. Within 14 days after the release of the executive budget recommendation,
the department shall provide to the state budget office information sufficient to
provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
1-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
1-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2021 are estimated at
$13,605,700.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $6,528,200.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$7,077,500.00.
DEPARTMENTAL ADMINISTRATION AND
SUPPORT
Sec.
1-301. (1) The department may establish a fee schedule and collect fees for the
following work activities and services:
(a)
Pesticide and plant pest management propagation and certification of virus-free
foundation stock.
(b)
Fruit and vegetable inspection and grading services at shipping and termination
points and processing plants.
(c)
Laboratory support analyses of food, livestock, and agricultural products for
disease, foreign products for disease, toxic materials, foreign substances, and
quality standards.
(d)
Laboratory support test samples for other state and local agencies and public
or private organizations.
(2)
The department may receive and expend revenue from the fees authorized under
subsection (1), subject to appropriation, for the purpose of recovering
expenses associated with the work activities and services described in
subsection (1). Fee revenue collected by the department under subsection (1)
shall not lapse to the state general fund at the end of the fiscal year but
shall carry forward for appropriation by the legislature in the subsequent
fiscal year.
(3)
The department shall notify the subcommittees, the fiscal agencies, and the
state budget office 30 days prior to proposing changes in fees authorized under
this section or under section 5 of 1915 PA 91, MCL 285.35.
(4)
On or before February 1 of each year, the department shall provide a report to
the subcommittees, the fiscal agencies, and the state budget office detailing
all the fees charged by the department under the authorization provided in this
section, including, but not limited to, rates, number of individuals paying
each fee, and the revenue generated by each fee in the previous fiscal year.
FOOD AND DAIRY
Sec.
1-401. (1) The department shall report on the previous fiscal year's activities
of the food and dairy division. The report shall include information on
activities and outcomes of the dairy safety and inspection program, the food
safety inspection program, the foodborne illness and emergency response program,
and the food service program.
(2)
The report shall include information on significant foodborne outbreaks and
emergencies, including any significant enforcement actions taken related to
food safety during the prior calendar year.
(3)
The report shall be transmitted to the subcommittees, the fiscal agencies, and
the state budget office and posted to the department's website on or before
April 1 of each year.
ANIMAL INDUSTRY
Sec.
1-451. From the funds appropriated in part 1 for bovine tuberculosis, the department
shall pay for all whole herd testing costs and individual animal testing costs
in the modified accredited zone to maintain split-state status requirements.
These costs include indemnity and compensation for injury causing death or
downer to animals.
Sec.
1-452. (1) The department shall report on the previous calendar year's
activities of the animal industry division. The report shall be transmitted to
the subcommittees, the fiscal agencies, and the state budget office and posted
to the department's website on or before April 1 of each year.
(2)
The department shall include in the report all indemnification payments for
livestock depredation made in the previous calendar year and shall include all
of the following:
(a)
The reason for the indemnification.
(b)
The amount of the indemnification.
(c)
The person for whom the indemnification was paid.
Sec.
1-454. The department shall use its resources to collaborate with the USDA to
monitor bovine TB, consistent with the April 2019 memorandum of understanding
between the department and the USDA.
Sec.
1-457. (1) On or before October 15, 2020 the department shall provide to the
subcommittees, the fiscal agencies, and the state budget office a report on
bovine TB status and department activities.
(2)
For each fiscal quarter following the report required in subsection (1), the
department shall provide an update to the subcommittees, the fiscal agencies,
and the state budget office. The quarterly update reports shall identify
significant impacts to the program, including new incidence of bovine TB in
this state, department activity associated with specific new incidence of
bovine TB, any changes in USDA requirements or movement orders, and information
and data on wildlife risk mitigation plan implementation in the modified
accredited zone; implementation of a movement certificate process; progress
toward annual surveillance test requirements; efforts to work with slaughter
facilities in this state, as well as those that slaughter a significant number
of animals from this state; educational programs and information for this
state's livestock community; and any other item the legislature should be aware
of that will promote or hinder efforts to achieve bovine TB-free status for
this state.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec.
1-501. The department shall report on the previous calendar year's activities
of the pesticide and plant pest management division. The report shall be
transmitted to the subcommittees, the fiscal agencies, and the state budget
office and posted to the department's website on or before April 1 of each
year.
ENVIRONMENTAL STEWARDSHIP
Sec.
1-601. The funds appropriated in part 1 for environmental stewardship/MAEAP
shall be used to support department agriculture pollution prevention programs,
including groundwater and freshwater protection programs under part 87 of the
Michigan natural resources and environmental protection act, 1994 PA 451, MCL
324.8701 to 324.8717, and technical assistance in implementing conservation grants
available under the federal farm bill of 2014 and the federal farm bill of
2018.
Sec.
1-602. The department shall report on the previous calendar year's activities
of the environmental stewardship division. The report shall be transmitted to
the subcommittees, the fiscal agencies, and the state budget office and posted
to the department's website on or before April 1 of each year.
Sec.
1-604. The department may receive and expend federal revenues in excess of the
federal revenue appropriated in section 107 of part 1 for environmental
stewardship and MAEAP activities. The department shall notify the
subcommittees, the fiscal agencies, and the state budget office prior to
expending federal revenues authorized under this section.
Sec.
1-608. (1) The appropriations in part 1 for the qualified forest affidavit
program are for the purpose of increasing the knowledge of nonindustrial
private forestland owners of sound forest management practices and increasing
the amount of commercial timber production from those lands.
(2)
The department shall work in partnership with stakeholder groups and other
state and federal agencies to increase the active management of nonindustrial
private forestland to foster the growth of Michigan's timber product industry.
LABORATORY SERVICES
Sec.
1-651. The department shall report on the previous fiscal year's activities of
the laboratory division. The report shall be transmitted to the subcommittees,
the fiscal agencies, and the state budget office and posted to the department's
website on or before April 1 of each year.
AGRICULTURE DEVELOPMENT
Sec.
1-702. The department shall work with the rural development fund board to
establish a process and criteria for funding projects as well as establishing
metrics and measurable outcomes for the program. Funds appropriated from the
rural development fund shall be used in accordance with the provisions of the
rural development fund act, 2012 PA 411, MCL 286.941 to 286.947.
Sec.
1-703. (1) The department shall work with the department of health and human
service to do all of the following:
(a)
Notify recipients of food assistance program benefits that food assistance
program benefits can be accessed at many farmer's markets in this state with
bridge cards.
(b)
Notify recipients of food assistance program benefits about the double up food
bucks program that is administered by the fair food network. Food assistance
program recipients shall receive information about the double up food bucks
program, including information that explains that when program recipients spend
up to $20.00 at participating farmer's markets and grocery stores, the
recipient can receive an additional $20.00 to buy Michigan produce.
(2)
The department shall work with the fair food network to expand access to the
double up food bucks program in each of the state's counties with grocery
stores or farmer's markets that meet the program's eligibility requirements.
(3)
On or before June 1, 2021, the department shall submit a report on activities
and outcomes of the double up food bucks program to the house and senate
appropriations subcommittees on agriculture and rural development and the
fiscal agencies. The report shall contain all of the following:
(a)
Counties in this state with participating double up food bucks vendors the
number of vendors by county, and the name and location of vendors, as of May 1,
2020.
(b)
Counties in this state with participating double up food bucks vendors, the
number of vendors by county, and the name and location of vendors, as of May 1,
2020. The report shall highlight counties and vendors added to the program
since May 1, 2020.
(c)
Number of individuals participating in the program by county.
(d)
A breakdown of program participation by county and by day of week.
(4)
The report required under subsection (3) shall also include a discussion of
program evaluation criteria, as well as recommendation of a reporting metric
for tracking health outcomes of program participants.
Sec.
1-706. (1) The department shall report on the previous calendar year's
activities of the agriculture development division. The report shall be
transmitted to the subcommittees, the fiscal agencies, and the state budget
office and posted to the department's website on or before April 1 of each
year.
(2)
The report shall include the following information on any grants awarded during
the prior fiscal year:
(a)
The name of the grantee.
(b)
The amount of the grant.
(c)
The purpose of the grant, including measurable outcomes.
(d)
Additional state, federal, private, or local funds contributed to the grant
project.
(e)
The completion date of grant-funded activities.
(3)
The report shall include the following information on the Michigan craft
beverage council established under section 303 of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1303:
(a)
Council activities and accomplishments for the previous fiscal year.
(b)
Council expenditures for the previous fiscal year by category of
administration, industry support, research and education grants, and promotion
and consumer education.
(c)
Grants awarded during the previous fiscal year and the results of research
grant projects completed during the previous fiscal year.
FAIRS AND EXPOSITIONS
Sec.
1-801. All appropriations from the agriculture equine industry development fund
shall be spent on equine-related purposes. No funds from the agriculture equine
industry development fund shall be expended for nonequine-related purposes
without prior approval of the legislature.
Sec.
1-802. From the funds appropriated in part 1 from agriculture equine industry
development funds, available revenue shall be allocated in the following
priority order:
(a)
To support all administrative, contractual, and regulatory costs incurred by
the department and the Michigan gaming control board.
(b)
Up to $395,000.00 shall be allocated to the purses and supplements -
fairs/licensed tracks line item.
(c)
Any remaining funds collected through September 30, 2020, after the obligations
in subdivisions (a) and (b) have been met, shall be prorated equally among the
supplements, breeders' awards, and sire stakes awards to eligible race meeting
licensees in accordance with section 20 of the horse racing law of 1995, 1995
PA 279, MCL 431.320.
ONE-TIME APPROPRIATIONS
Sec.
1-901. The unexpended funds appropriated in part 1 for the conservation reserve
enhancement program are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year
and shall be available for expenditures under this section until the projects
have been completed. The following is in compliance with section 451a(1) of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the project is to promote the adoption of best management
practices on agricultural lands in order to address algal blooms in the western
Lake Erie basin, as well as reducing non-point source pollution in the Saginaw
Bay, River Raisin and Lake Macatawa watersheds.
(b)
The project will be accomplished by the federal government, conservation
districts in the state, and Michigan farmers.
(c)
The estimated cost of this project is $10,000,000.00
(d)
The tentative completion date for the work project is September 30, 2025.
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, 2021, and are anticipated to be appropriated
for the fiscal year ending September 30, 2022, 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................ 534.4 534.4
GROSS APPROPRIATION...................................... $ 106,976,600 $ 106,976,600
Total interdepartmental grants and
interdepartmental
transfers.............................................. 35,285,800 35,285,800
ADJUSTED GROSS APPROPRIATION............................ $ 71,690,800 $ 71,690,800
Total federal revenues................................... 9,906,100 9,906,100
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues................... 20,136,300 20,136,300
State general fund/general purpose...................... $ 41,648,400 $ 41,648,400
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 41,648,400 41,648,400
One-time state general fund/general purpose.......... 0 0
Sec. 2-102. ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 534.4 534.4
Attorney general-1.0 FTE position....................... $ 112,500 $ 112,500
Unclassified salaries-5.0 FTE positions................. 828,500 828,500
Child support enforcement personnel-25.0 FTE
positions.. 3,709,300 3,709,300
Department of attorney general-491.4 FTE
positions...... 96,309,800 96,309,800
Prosecuting attorneys coordinating council
personnel-
12.0 FTE positions..................................... 2,269,200 2,269,200
Public safety initiative-1.0 FTE position............... 388,600 388,600
Sexual assault law enforcement personnel-5.0
FTE
positions.............................................. 1,729,300 1,729,300
GROSS APPROPRIATION...................................... $ 105,347,200 $ 105,347,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 699,600 699,600
IDG from department of education........................ 791,300 791,300
IDG from department of environment, great
lakes, and
energy................................................. 2,135,700 2,135,700
IDG from department of health and human
services........ 7,938,000 7,938,000
IDG from department of insurance and financial
services............................................... 1,219,600 1,219,600
IDG from department of labor and economic
opportunity... 1,715,700 1,715,700
IDG from department of licensing and
regulatory
affairs................................................ 7,547,300 7,547,300
IDG from department of military and veterans
affairs.... 176,100 176,100
IDG from department of state............................ 45,000 45,000
IDG from department of state police..................... 277,400 277,400
IDG from department of technology, management
and
budget................................................. 2,960,200 2,960,200
IDG from department of transportation................... 2,431,900 2,431,900
IDG from department of treasury......................... 7,348,000 7,348,000
Federal revenues:
Other federal revenues................................... 9,906,100 9,906,100
Special revenue funds:
Michigan merit award trust fund......................... 526,600 526,600
Other state restricted revenues......................... 19,609,700 19,609,700
State general fund/general purpose...................... $ 40,019,000 $ 40,019,000
Sec. 2-103. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 1,629,400 $ 1,629,400
GROSS APPROPRIATION...................................... $ 1,629,400 $ 1,629,400
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 1,629,400 $ 1,629,400
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is $61,784,700.00
and state spending from state resources to be paid to local units of government
for fiscal year 2021 is $0.00.
Sec.
2-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
2-203. As used in this article:
(a)
"Department" means the department of attorney general.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
(e)
"DNA" means deoxyribonucleic acid.
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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
2-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
2-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
2-209. Not later than 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 $750,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(2)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $750,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $50,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $50,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
2-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
2-212. Within 14 days after the release of the executive budget recommendation,
the department shall provide to the state budget office information sufficient
to provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
2-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
2-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2021 are estimated at
$18,984,500.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $9,109,000.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$9,875,500.00.
DEPARTMENT OF ATTORNEY GENERAL
Sec.
2-302. (1) The attorney general shall perform all legal services, including
representation before courts and administrative agencies rendering legal
opinions and providing legal advice to a principal executive department or
state agency. A principal executive department or state agency shall not employ
or enter into a contract with any other person for services described in this
section.
(2)
The attorney general shall defend judges of all state courts if a claim is made
or a civil action is commenced for injuries to persons or property caused by
the judge through the performance of the judge's duties while acting within the
scope of his or her authority as a judge.
(3)
The attorney general shall perform the duties specified in 1846 RS 12, MCL
14.28 to 14.35, and 1919 PA 232, MCL 14.101 to 14.102, and as otherwise
provided by law.
Sec.
2-303. The attorney general may sell copies of the biennial report in excess of
the 350 copies that the attorney general may distribute on a gratis basis.
Gratis copies shall not be provided to members of the legislature. Electronic
copies of biennial reports shall be made available on the department 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.
(3)
The attorney general's office shall make available upon request information
detailing the amount of revenue from subsection (1) recovered by the attorney
general, including a description of the source of the revenue and the
carryforward amount.
Sec.
2-308. (1) In addition to the funds appropriated in part 1, there is
appropriated up to $1,000,000.00 from litigation expense reimbursements awarded
to the state.
(2)
The funds may be expended for the payment of court judgments, settlements,
arbitration awards or other administrative and litigation decisions, attorney
fees, and litigation costs, assessed against the office of the governor, the
department of the attorney general, the governor, or the attorney general when
acting in an official capacity as the named party in litigation against the
state. The funds may also be expended for the payment of state costs incurred
under section 16 of chapter X of the code of criminal procedure, 1927 PA 175,
MCL 770.16.
(3)
Unexpended funds at the end of the fiscal year may be carried forward for
expenditure in the following year, up to a maximum authorization of
$250,000.00.
Sec.
2-309. (1) From the prisoner reimbursement funds appropriated in part 1, the
department may spend up to $556,100.00 on activities related to the state
correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406.
In addition to the funds appropriated in part 1, if the department collects in
excess of $1,131,000.00 in gross annual prisoner reimbursement receipts
provided to the general fund, the excess, up to a maximum of $1,000,000.00, is
appropriated to the department of attorney general and may be spent on the
representation of the department of corrections and its officers, employees,
and agents, including, but not limited to, the defense of litigation against
the state, its departments, officers, employees, or agents in civil actions
filed by prisoners.
(2)
The attorney general's office shall make available upon request information on
the dollar amount of prisoner reimbursements collected from subsection (1) as
well as descriptions of all expenditures made from the reimbursements,
including what activities related to the state correctional facility
reimbursement act, 1935 PA 253, MCL 800.401 to 800.406, funds were spent on.
Sec.
2-310. (1) For the purposes of providing title IV-D child support enforcement
funding, the attorney general shall maintain a cooperative agreement with the
department of health and human services, as the state IV-D agency, for federal
IV-D funding to support the child support enforcement activities within the
office of the attorney general.
(2)
The attorney general or his or her designee shall, to the extent allowable
under federal law, have access to any information used by the state to locate parents
who fail to pay court-ordered child support.
Sec.
2-312. The department 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.
2-313. The department of attorney general must submit a quarterly report to the
house and senate standing committees on appropriations, the house and senate
appropriations subcommittees on general government, the house and senate fiscal
agencies, and the state budget office, regarding the lawsuit settlement
proceeds fund that includes all of the following:
(a)
The total amount of revenue deposited into the lawsuit settlement proceeds fund
in the current fiscal year delineated by case.
(b)
The total amount appropriated from the lawsuit settlement proceeds fund in the
current fiscal year delineated by appropriation.
(c)
Earned settlement proceeds that are anticipated but not yet deposited into the
fund delineated by case.
(d)
Any known potential settlement amounts from cases that have not been decided,
delineated by case.
Sec.
2-314. (1) From the lawsuit settlement proceeds fund appropriated in part 1,
the department may spend the funds for the costs of all associated expenses
related to the declaration of emergency due to drinking water contamination up
to $2,600,000.00.
(2)
The attorney general's office must submit a quarterly report to the house and
senate standing committees on appropriations, the house and senate
appropriations subcommittees on general government, the senate and house fiscal
agencies, and the state budget director, detailing how funds in subsection (1)
and all other currently and previously budgeted funds associated with legal
costs pertaining to the Flint water declaration of emergency were expended. The
report must itemize expenditures by case, purpose, hourly rate of retained
attorney, and department involved.
(3)
As a condition of receiving funds appropriated in part 1, the attorney general
must not retain the services of an outside counsel associated with the
declaration of emergency due to drinking water contamination at an hourly rate
of more than $250.00 unless all reporting requirements under subsection (2) are
satisfied.
Sec.
2-316. (1) From the funds appropriated in part 1 for sexual assault law
enforcement efforts, the department shall use the funds for testing of
backlogged sexual assault kits across this state. The funding provided in part
1 shall be distributed in the following order of priority:
(a)
To eliminate all county sexual assault kit backlogs across this state.
(b)
To assist local prosecutors with investigations and prosecutions of viable
cases.
(c)
To provide victim services.
(2)
The department of the attorney general shall provide a report by February 1.
The report shall include the following information:
(a)
The number of sexual assault kits across this state that remain untested as of
January 31.
(b)
A detailed work plan outlining the department's action plan to eliminate all
outstanding sexual assault kits and the time frame for completion of testing of
all untested sexual assault kits.
(c)
A detailed work and spending plan outlining anticipated litigation action and
expenditures resulting from findings of the sexual assault kit testing. The
report shall be submitted to the state budget office, the senate and house
fiscal agencies, and the senate and house of representatives standing
committees on appropriations subcommittees on general government.
(3)
Any funds remaining after the department has met the obligations required under
subsection (1) may be used for the purpose of retesting any previously tested
sexual assault kits across this state using currently available DNA testing.
Funds only may be used for DNA testing on previously tested kits that were not
tested for DNA. If there are remaining untested sexual assault kits on January
31, 2020, funds appropriated in part 1 shall only be used for the testing of
those kits.
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.
Sec.
2-319. From the funds appropriated in part 1, the attorney general shall
provide a quarterly report on the wrongful imprisonment compensation fund to
the chairpersons of the appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget director. The report
shall include at least the following:
(a)
All payments made from the wrongful imprisonment fund in the previous quarter,
including if the payment is part of a new settlement or part of an installment
plan.
(b)
Any settlements that have been decided, but have yet to receive a payment.
(c)
The number of known cases seeking a settlement, but do not have a final
judgment, and the dollar amount of each potential payment for these known
cases.
(d)
The balance of the wrongful imprisonment fund at the end of the previous
quarter.
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, 2021, and are anticipated to be appropriated for the
fiscal year ending September 30, 2022, 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................ 110.0 110.0
GROSS APPROPRIATION...................................... $ 16,787,400 $ 16,787,400
Total interdepartmental grants and
interdepartmental
transfers.............................................. 299,800 299,800
ADJUSTED GROSS APPROPRIATION............................ $ 16,487,600 $ 16,487,600
Total federal revenues................................... 2,868,200 2,868,200
Total local revenues..................................... 0 0
Total private revenues................................... 18,700 18,700
Total other state restricted revenues................... 58,500 58,500
State general fund/general purpose...................... $ 13,542,200 $ 13,542,200
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 13,542,200 13,542,200
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................ 110.0 110.0
Unclassified salaries-6.0 FTE positions................. $ 725,600 $ 725,600
Complaint investigation and enforcement-40.0
FTE
positions.............................................. 6,484,600 6,484,600
Division on deaf, deafblind, and hard of
hearing-6.0
FTE positions.......................................... 736,600 736,600
Executive office-24.0 FTE positions..................... 3,141,600 3,141,600
Law and policy-28.0 FTE positions....................... 3,259,200 3,259,200
Public affairs-12.0 FTE positions....................... 1,683,800 1,683,800
GROSS APPROPRIATION...................................... $ 16,031,400 $ 16,031,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management
and
budget................................................. 299,800 299,800
Federal revenues:
Other federal revenues................................... 2,853,200 2,853,200
Special revenue funds:
Private revenues......................................... 18,700 18,700
Other state restricted revenues......................... 58,500 58,500
State general fund/general purpose...................... $ 12,801,200 $ 12,801,200
Sec. 3-103. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 756,000 $ 756,000
GROSS APPROPRIATION...................................... $ 756,000 $ 756,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 15,000 15,000
Special revenue funds:
State general fund/general purpose...................... $ 741,000 $ 741,000
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$13,600,700.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of comparable
quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
3-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
3-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
3-209. Not later than 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. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
3-212. Within 14 days after the release of the executive budget recommendation,
the department shall provide to the state budget office information sufficient
to provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
3-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
3-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2021 are $2,788,400.00. From
this amount, total agency appropriations for pension-related legacy costs are
estimated at $1,337,900.00. Total agency appropriations for retiree health care
legacy costs are estimated at $1,450,500.00.
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, the chairpersons of the relevant appropriations subcommittees,
and the senate and house fiscal agencies the amount of funds received and
expended for purposes authorized under this section.
Sec.
3-403. The department of civil rights may contract with local units of government
to review equal employment opportunity compliance of potential contractors and
may charge for and expend amounts received from local units of government for
the purpose of developing and providing these contractual services.
Sec.
3-404. (1) The department of civil rights shall prepare and transmit a detailed
report that includes, but is not limited to, the following information for the
most recent fiscal year:
(a)
A detailed description of the department operations.
(b)
A detailed description of all subunits within the department, including FTE
positions associated with each subunit, responsibilities of each subunit, and
all revenues and expenditures for each subunit.
(c)
The number of complaints by type of complaint.
(d)
The average cost of, and time expended, investigating complaints.
(e)
The percentage of complaints that are meritorious and worthy of investigation
or settlement and the percentage of complaints that have no merit.
(f)
A listing of amounts awarded to claimants.
(g)
Expenditures associated with complaint investigation and enforcement.
(h)
A listing of complaint investigations closed per FTE position for each of the
past 5 years.
(i)
A listing of complaint evaluations completed per FTE position for each of the
past 5 years.
(j)
Productivity projections for the current fiscal year, including investigations
closed per FTE, complaint evaluations completed per FTE, and average time
expended investigating complaints.
(k)
Revenues and expenditures associated with section 403 of this part by local
unit.
(2)
The report required under subsection (1) shall be posted online and transmitted
electronically not later than November 30 to the state budget director, the
chairpersons of the senate and house of representatives standing committees on
appropriations, the senate and house appropriations subcommittees on general
government, and the senate and house fiscal agencies.
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, 2021, and are anticipated to be appropriated for the
fiscal year ending September 30, 2022, 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................ 13,686.8 13,686.8
GROSS APPROPRIATION...................................... $ 2,081,251,700 $ 2,081,251,700
Total interdepartmental grants and
interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 2,081,251,700 $ 2,081,251,700
Total federal revenues................................... 5,370,900 5,370,900
Total local revenues..................................... 9,680,600 9,680,600
Total private revenues................................... 0 0
Total other state restricted revenues................... 45,478,500 45,478,500
State general fund/general purpose...................... $ 2,020,721,700 $ 2,020,721,700
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 2,020,721,700 2,020,721,700
One-time state general fund/general purpose.......... 0 0
Sec. 4-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 16.0 16.0
Full-time equated classified positions................ 329.0 329.0
Unclassified salaries-16.0 FTE positions................ $ 1,971,300 $ 1,971,300
Administrative hearings officers........................ 3,200,300 3,200,300
Budget and operations administration-247.0 FTE
positions.............................................. 35,860,100 35,860,100
Compensatory buyout and union leave bank................ 100 100
County jail reimbursement program....................... 14,814,600 14,814,600
Equipment and special maintenance....................... 1,559,700 1,559,700
Executive direction-21.0 FTE positions.................. 4,575,800 4,575,800
Judicial data warehouse user fees....................... 50,600 50,600
New custody staff training............................... 18,313,400 18,313,400
Prison industries operations-61.0 FTE
positions......... 10,137,300 10,137,300
Property management...................................... 2,455,100 2,455,100
Prosecutorial and detainer expenses..................... 4,801,000 4,801,000
Sheriffs' coordinating and training office.............. 100,000 100,000
Worker's compensation.................................... 9,714,400 9,714,400
GROSS APPROPRIATION...................................... $ 107,553,700 $ 107,553,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 674,700 674,700
Special revenue funds:
Other state restricted revenues......................... 16,859,000 16,859,000
State general fund/general purpose...................... $ 90,020,000 $ 90,020,000
Sec. 4-103. OFFENDER SUCCESS ADMINISTRATION
Full-time equated classified positions................ 340.4 340.4
Community corrections comprehensive plans and
services.. $ 12,058,000 $ 12,058,000
Education/skilled trades/career readiness
programs-
275.4 FTE positions.................................... 40,687,000 40,687,000
Felony drunk driver jail reduction and
community
treatment program...................................... 1,440,100 1,440,100
Goodwill flip the script................................. 1,500,000 1,500,000
Offender success federal grants......................... 751,000 751,000
Offender success community partners..................... 14,500,000 14,500,000
Offender success programming............................ 11,772,800 11,772,800
Offender success services-65.0 FTE positions............ 29,180,600 29,180,600
Public safety initiative................................. 4,000,000 4,000,000
Residential probation diversions........................ 16,825,500 16,825,500
GROSS APPROPRIATION...................................... $ 132,715,000 $ 132,715,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,330,900 2,330,900
Special revenue funds:
Other state restricted revenues......................... 14,326,000 14,326,000
State general fund/general purpose...................... $ 116,058,100 $ 116,058,100
Sec. 4-104. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions................ 1,874.5 1,874.5
Criminal justice reinvestment........................... $ 5,498,400 $ 5,498,400
Field operations-1,843.5 FTE positions.................. 223,316,700 223,316,700
Parole board operations-31.0 FTE positions.............. 3,887,900 3,887,900
Parole/probation services................................ 940,000 940,000
Residential alternative to prison program............... 1,500,000 1,500,000
GROSS APPROPRIATION...................................... $ 235,143,000 $ 235,143,000
Appropriated from:
Special revenue funds:
Local revenues........................................... 275,000 275,000
Other state restricted revenues......................... 7,580,500 7,580,500
State general fund/general purpose...................... $ 227,287,500 $ 227,287,500
Sec. 4-105. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions................ 670.0 670.0
Central records-43.0 FTE positions...................... $ 4,821,000 $ 4,821,000
Correctional facilities administration-37.0
FTE
positions.............................................. 6,624,300 6,624,300
Housing inmates in federal institutions................. 511,000 511,000
Inmate housing fund...................................... 100 100
Inmate legal services.................................... 290,900 290,900
Leased beds and alternatives to leased beds............. 100 100
Prison food service-346.0 FTE positions................. 72,755,500 72,755,500
Prison store operations-33.0 FTE positions.............. 3,411,300 3,411,300
Public works programs.................................... 1,000,000 1,000,000
Transportation-211.0 FTE positions...................... 30,993,600 30,993,600
GROSS APPROPRIATION...................................... $ 120,407,800 $ 120,407,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 683,000 683,000
Special revenue funds:
Other state restricted revenues......................... 5,004,100 5,004,100
State general fund/general purpose...................... $ 114,720,700 $ 114,720,700
Sec. 4-106. HEALTH CARE
Full-time equated classified positions................ 1,469.3 1,469.3
Clinical complexes-1,033.3 FTE positions................ $ 149,706,900 $ 149,706,900
Health care administration-17.0 FTE positions........... 3,477,600 3,477,600
Healthy Michigan plan administration-12.0 FTE
positions.............................................. 998,900 998,900
Hepatitis C treatment.................................... 11,000,700 11,000,700
Interdepartmental grant to health and human
services,
eligibility specialists................................ 120,200 120,200
Mental health and substance abuse treatment
services-
407.0 FTE positions.................................... 52,410,700 52,410,700
Prisoner health care services........................... 95,793,600 95,793,600
Vaccination program...................................... 691,200 691,200
GROSS APPROPRIATION...................................... $ 314,199,800 $ 314,199,800
Appropriated from:
Federal
revenues:
Other federal revenues................................... 647,500 647,500
Special revenue funds:
Other state restricted revenues......................... 257,200 257,200
State general fund/general purpose...................... $ 313,295,100 $ 313,295,100
Sec. 4-107. CORRECTIONAL FACILITIES
Full-time equated classified positions................ 9,003.6 9,003.6
Alger Correctional Facility - Munising-259.0
FTE
positions.............................................. $ 32,147,800 $ 32,147,800
Baraga Correctional Facility - Baraga-295.8
FTE
positions.............................................. 38,293,600 38,293,600
Bellamy Creek Correctional Facility -
Ionia-392.2 FTE
positions.............................................. 47,064,600 47,064,600
Carson City Correctional Facility - Carson
City-421.4
FTE positions.......................................... 51,524,800 51,524,800
Central Michigan Correctional Facility - St.
Louis-
386.6 FTE positions.................................... 48,832,400 48,832,400
Charles E. Egeler Correctional Facility -
Jackson-
386.6 FTE positions.................................... 48,325,300 48,325,300
Chippewa Correctional Facility -
Kincheloe-443.6 FTE
positions.............................................. 54,332,400 54,332,400
Cooper Street Correctional Facility -
Jackson-254.6
FTE positions.......................................... 31,163,600 31,163,600
Detroit Detention Center-69.1 FTE positions............. 9,405,600 9,405,600
Detroit Reentry Center-237.9 FTE positions.............. 31,470,300 31,470,300
Earnest C. Brooks Correctional Facility -
Muskegon-
248.2
FTE positions.................................... 32,092,300 32,092,300
G. Robert Cotton Correctional Facility -
Jackson-395.0
FTE positions.......................................... 47,914,500 47,914,500
Gus Harrison Correctional Facility -
Adrian-443.6 FTE
positions.............................................. 53,099,400 53,099,400
Ionia Correctional Facility - Ionia-288.3 FTE
positions.............................................. 36,446,100 36,446,100
Kinross Correctional Facility -
Kincheloe-258.6 FTE
positions.............................................. 34,651,600 34,651,600
Lakeland Correctional Facility -
Coldwater-275.4 FTE
positions.............................................. 34,983,600 34,983,600
Macomb Correctional Facility - New Haven-292.8
FTE
positions.............................................. 36,921,000 36,921,000
Marquette Branch Prison - Marquette-319.7 FTE
positions.............................................. 40,083,300 40,083,300
Michigan Reformatory - Ionia-319.8 FTE
positions........ 37,738,600 37,738,600
Muskegon Correctional Facility -
Muskegon-207.0 FTE
positions.............................................. 27,793,300 27,793,300
Newberry Correctional Facility -
Newberry-198.1 FTE
positions.............................................. 25,754,600 25,754,600
Oaks Correctional Facility - Eastlake-289.4
FTE
positions.............................................. 36,985,500 36,985,500
Parnall Correctional Facility - Jackson-266.1
FTE
positions.............................................. 31,046,400 31,046,400
Richard A. Handlon Correctional Facility -
Ionia-255.7
FTE positions.......................................... 32,734,500 32,734,500
Saginaw Correctional Facility - Freeland-276.9
FTE
positions.............................................. 35,349,600 35,349,600
Special alternative incarceration program-38.0
FTE
positions.............................................. 6,452,400 6,452,400
St. Louis Correctional Facility - St.
Louis-306.6 FTE
positions.............................................. 40,087,200 40,087,200
Thumb Correctional Facility - Lapeer-283.6 FTE
positions.............................................. 35,716,400 35,716,400
Womens Huron Valley Correctional Complex -
Ypsilanti-
505.1 FTE positions.................................... 63,278,200 63,278,200
Woodland Correctional Facility - Whitmore
Lake-277.9
FTE positions.......................................... 34,696,900 34,696,900
Northern region administration and
support-43.0 FTE
positions.............................................. 4,501,700 4,501,700
Southern region administration and
support-68.0 FTE
positions.............................................. 19,160,700 19,160,700
GROSS APPROPRIATION...................................... $ 1,140,048,200 $ 1,140,048,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,034,800 1,034,800
Special revenue funds:
Local revenues........................................... 9,405,600 9,405,600
Other state restricted revenues......................... 102,100 102,100
State general fund/general purpose...................... $ 1,129,505,700 $ 1,129,505,700
Sec. 4-108. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 31,184,200 $ 31,184,200
GROSS APPROPRIATION...................................... $ 31,184,200 $ 31,184,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 1,349,600 1,349,600
State general fund/general purpose...................... $ 29,834,600 $ 29,834,600
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$2,066,200,200.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $123,880,800.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF CORRECTIONS
County jail reimbursement program...................................... $ 14,814,600
Prosecutorial and detainer expenses.................................... 4,801,000
Community corrections comprehensive plans and
services................ 12,058,000
Felony drunk driver jail reduction and
community treatment program.... 1,440,100
Public safety initiative............................................... 4,000,000
Residential probation diversions....................................... 16,825,500
Field operations....................................................... 68,441,500
Residential alternative to prison program.............................. 1,500,000
Leased beds and alternatives to leased beds............................ 100
TOTAL.................................................................... $ 123,880,800
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 are participating in programs of the facility.
(b)
"Department" or "MDOC" means the Michigan department of
corrections.
(c)
"Director" means the director of the department.
(d)
"Evidence-based" means a decision-making process that integrates the
best available research, clinician expertise, and client characteristics.
(e)
"FTE" means full-time equated.
(f)
"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.
(g)
"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.
(h)
"Recidivism" means that term as defined in section 1 of 2017 PA 5,
MCL 798.31.
(i)
"Serious emotional disturbance" means that term as defined in section
100d(2) of the mental health code, 1974 PA 258, MCL 330.1100d.
(j)
"Serious mental illness" means that term as defined in section
100d(3) of the mental health code, 1974 PA 258, MCL 330.1100d.
Sec.
4-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
4-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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.
4-207. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
4-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
4-209. Not later than 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. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
4-212. Within 14 days after the release of the executive budget recommendation,
the department shall provide to the state budget office information sufficient
to provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
4-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
4-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2021 are estimated at
$325,994,500.00. From this amount, total department appropriations for
pension-related legacy costs are estimated at $156,416,200.00. Total department
appropriations for retiree health care legacy costs are estimated at
$169,578,300.00.
Sec.
4-219. (1) Any contract for prisoner telephone services entered into after the
effective date of this section shall include a condition that fee schedules for
prisoner telephone calls, including rates and any surcharges other than those
necessary to meet program and special equipment costs, be the same as fee
schedules for calls placed from outside of correctional facilities.
(2)
Revenues appropriated and collected for program and special equipment funds
shall be considered state restricted revenue. Funding shall be used for
prisoner programming, special equipment, and security projects. Unexpended
funds remaining at the close of the fiscal year shall not lapse to the general
fund but shall be carried forward and be available for appropriation in
subsequent fiscal years.
(3)
The department shall submit a report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office by February 1
outlining revenues and expenditures from program and special equipment funds.
The report shall include all of the following:
(a)
A list of all individual projects and purchases financed with program and
special equipment funds in the immediately preceding fiscal year, the amounts
expended on each project or purchase, and the name of each vendor from which
the products or services were purchased.
(b)
A list of planned projects and purchases to be financed with program and
special equipment funds during the current fiscal year, the amounts to be
expended on each project or purchase, and the name of each vendor from which
the products or services will be purchased.
(c)
A review of projects and purchases planned for future fiscal years from program
and special equipment funds.
Sec.
4-220. The department may charge fees and collect revenues in excess of
appropriations in part 1 not to exceed the cost of offender services and
programming, employee meals, parolee loans, academic/vocational services,
custody escorts, compassionate visits, union steward activities, and public
works programs and services provided to local units of government or private
nonprofit organizations. The revenues and fees collected are appropriated for
all expenses associated with these services and activities.
Sec.
4-247. The department shall provide to the State Court Administrative Office
data sufficient to administer the swift and sure sanctions program.
DEPARTMENTAL ADMINISTRATION AND
SUPPORT
Sec.
4-301. For 3 years after a felony offender is released from the department's
jurisdiction, the department shall maintain the offender's file on the offender
tracking information system and make it publicly accessible in the same manner
as the file of the current offender. However, the department shall immediately
remove the offender's file from the offender tracking information system upon
determination that the offender was wrongfully convicted and the offender's
file is not otherwise required to be maintained on the offender tracking
information system.
Sec.
4-302. From the funds appropriated in part 1, the department shall submit a
report by March 1 on the department's staff retention strategies to the senate
and house appropriations subcommittees on corrections, the senate and house
committees on oversight, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office.
Sec.
4-303. From the funds appropriated in part 1, the department shall submit a
report by March 1 on the number of employee departures to the senate and house
appropriations subcommittees on corrections, the senate and house committees on
oversight, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office. The report must include the number of
corrections officers that departed from employment at a state correctional
facility in the immediately preceding fiscal year and the number of years they
worked for the department.
Sec.
4-305. From the funds appropriated in part 1 for prosecutorial and detainer
expenses, the department shall reimburse counties for housing and custody of
parole violators and offenders being returned by the department from community
placement who are available for return to institutional status and for
prisoners who volunteer for placement in a county jail.
Sec.
4-306. Funds included in part 1 for the sheriffs' coordinating and training
office are appropriated for and may be expended to defray costs of continuing
education, certification, recertification, decertification, and training of
local corrections officers, the personnel and administrative costs of the
sheriffs' coordinating and training office, the local corrections officers
advisory board, and the sheriffs' coordinating and training council under the
local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546.
Sec.
4-307. The department shall issue a biannual report for all vendor contracts to
the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office. The report shall cover service contracts with a value of
$500,000.00 or more and include all of the following:
(a)
The original start date and the current expiration date of each contract.
(b)
The number, if any, of contract compliance monitoring site visits completed by
the department for each vendor.
(c)
The number and amount of fines, if any, for service-level agreement
noncompliance for each vendor broken down by area of noncompliance.
Sec.
4-308. The department shall provide for the training of all custody staff in
effective and safe ways of handling prisoners with mental illness and referring
prisoners to mental health treatment programs. Mental health awareness training
shall be incorporated into the training of new custody staff.
Sec.
4-311. By December 1, the department shall provide a report on the Michigan
state industries program to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office. The report shall include,
but not be limited to, the locations of the programs, the total number of
participants at each location, a description of job duties and typical inmate
schedules, the products that are produced, and how the program provides
marketable skills that lead to employable outcomes after release from a
department facility.
Sec.
4-312. The department shall maintain employee wellness programming, including
programming focused on post-traumatic stress disorder outreach.
Sec.
4-313. From the funds appropriated in part 1, the department shall submit
quarterly reports on new employee schools to the senate and house
appropriations subcommittees on corrections, the senate and house committees on
oversight, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office. The reports must include the following
information for the immediately preceding fiscal quarter, and as much of the
information as possible for the current and next fiscal year.
(a)
The number of new employee schools that took place and the location of each.
(b)
The number of recruits that started in each employee school.
(c)
The number of recruits that graduated from each employee school and continued
employment with the department.
OFFENDER SUCCESS ADMINISTRATION
Sec.
4-401. The department shall submit 3-year and 5-year prison population
projection updates concurrent with submission of the executive budget
recommendation to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office. The report shall include explanations
of the methodology and assumptions used in developing the projection updates.
Sec.
4-402. By March 1, the department shall provide a report on offender success
expenditures and allocations to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office. At a minimum,
the report shall include details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and service
provider.
Sec.
4-403. The department shall partner with nonprofit faith-based, business and
professional, civic, and community organizations for the purpose of providing
offender success services. Offender success services include, but are not
limited to, counseling, providing information on housing and job placement, and
money management assistance.
Sec.
4-404. From the funds appropriated in part 1 for offender success services, the
department, when reasonably possible, shall ensure that inmates have potential
employer matches in the communities to which they will return prior to each
inmate's initial parole hearing.
Sec.
4-407. By June 30, the department shall place the statistical report from the
immediately preceding calendar year on an internet site. The statistical report
shall include, but not be limited to, the information as provided in the 2004
statistical report.
Sec.
4-408. The department shall measure the re-incarceration recidivism rates of
offenders based on available state data.
Sec.
4-409. From the appropriations in part 1, the department shall design services
for offender success and vocation education programs, collaborating with the
department of labor and economic opportunity and local entities to the extent
deemed necessary by the director. The department shall ensure that the program
provides relevant professional development opportunities to prisoners that are
high quality, demand driven, locally receptive, and responsive to the needs of
communities where the prisoners are expected to reside after their release from
correctional facilities.
Sec.
4-410. Funds awarded for residential services in part 1 shall provide for a per
diem reimbursement of not more than $52.50.
Sec.
4-413. (1) From the funds appropriated in part 1 for public safety initiative,
the law enforcement agency receiving the funding under part 1 shall submit
quarterly expenditure reports including a detailed listing of expenditures to
the department of corrections, the senate and house of representatives
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office
and must include the purpose for which the expenditures were made, the amounts
of expenditures by purpose, specific services that were provided, and number of
individuals served.
(2)
If requested by the senate and house of representatives appropriations
subcommittees on corrections, the law enforcement agency receiving the funding
under part 1 shall appear before the subcommittees to discuss the expenditure
report required under subsection (1). The subcommittees will work with the law
enforcement agency to determine when the meeting will occur.
Sec.
4-414. (1) The department shall administer a county jail reimbursement program
from the funds appropriated in part 1 for the purpose of reimbursing counties
for housing in jails certain felons who otherwise would have been sentenced to
prison.
(2)
The county jail reimbursement program shall reimburse counties for convicted
felons in the custody of the sheriff if the conviction was for a crime
committed on or after January 1, 1999 and 1 of the following applies:
(a)
The felon's sentencing guidelines recommended range upper limit is more than 18
months, the felon's sentencing guidelines recommended range lower limit is 12
months or less, the felon's prior record variable score is 35 or more points,
and the felon's sentence is not for commission of a crime in crime class G or
crime class H or a nonperson crime in crime class F under chapter XVII of the
code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b)
The felon's minimum sentencing guidelines range minimum is more than 12 months
under the sentencing guidelines described in subdivision (a).
(c)
The felon was sentenced to jail for a felony committed while he or she was on
parole and under the jurisdiction of the parole board and for which the
sentencing guidelines recommended range for the minimum sentence has an upper
limit of more than 18 months.
(3)
State reimbursement under this subsection shall be $65.00 per diem per diverted
offender for offenders with a presumptive prison guideline score, $55.00 per
diem per diverted offender for offenders with a straddle cell guideline for a
group 1 crime, and $40.00 per diem per diverted offender for offenders with a
straddle cell guideline for a group 2 crime. Reimbursements shall be paid for
sentences up to a 1-year total.
(4)
As used in this section:
(a)
"Group 1 crime" means a crime in 1 or more of the following offense
categories: arson, assault, assaultive other, burglary, criminal sexual
conduct, homicide or resulting in death, other sex offenses, robbery, and
weapon possession as determined by the department based on specific crimes for
which counties received reimbursement under the county jail reimbursement
program in fiscal year 2007 and fiscal year 2008, and listed in the county jail
reimbursement program document titled "FY 2007 and FY 2008 Group One
Crimes Reimbursed", dated March 31, 2009.
(b)
"Group 2 crime" means a crime that is not a group 1 crime, including
larceny, fraud, forgery, embezzlement, motor vehicle, malicious destruction of
property, controlled substance offense, felony drunk driving, and other
nonassaultive offenses.
(c)
"In the custody of the sheriff" means that the convicted felon has
been sentenced to the county jail and is either housed in a county jail, is in
custody but is being housed at a hospital or medical facility for a medical or
mental health purpose, or has been released from jail and is being monitored
through the use of the sheriff's electronic monitoring system.
(5)
County jail reimbursement program expenditures shall not exceed the amount
appropriated in part 1 for the county jail reimbursement program. Payments to
counties under the county jail reimbursement program shall be made in the order
in which properly documented requests for reimbursements are received. A
request shall be considered to be properly documented if it meets MDOC
requirements for documentation. By October 15, the department shall distribute
the documentation requirements to all counties.
(6)
Any county that receives funding under this section for the purpose of housing
in jails certain felons who otherwise would have been sentenced to prison
shall, as a condition of receiving the funding, report by September 30 an
annual average jail capacity and annual average jail occupancy for the
immediately preceding fiscal year.
(7)
Not later than February 1, the department shall report to the senate and house
appropriations subcommittees on corrections all of the following information:
(a)
The number of inmates sentenced to the custody of the sheriff and eligible for
the county jail reimbursement program.
(b)
The total amount paid to counties under the county jail reimbursement program.
(c)
The total number of days inmates were in the custody of the sheriff and
eligible for the county jail reimbursement program.
(d)
The number of inmates sentenced to the custody of the sheriff under each of the
3 categories: presumptive prison, group 1 crime, and group 2 crime in
subsection (3).
(e)
The total amount paid to counties under each of the 3 categories: presumptive
prison, group 1 crime, and group 2 crime in subsection (3).
(f)
The total number of days inmates were in the custody of the sheriff under each
of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in
subsection (3).
(g)
The estimated cost of housing inmates sentenced to the custody of the sheriff
and eligible for the county jail reimbursement program as inmates of a state
prison.
Sec.
4-416. Allowable uses of drunk driver jail reduction and community treatment program
funding shall include reimbursing counties for transportation, treatment costs,
and housing drunk drivers during a period of assessment for treatment and case
planning. Reimbursements for housing during the assessment process shall be at
the rate of $43.50 per day per offender, up to a maximum of 5 days per
offender.
Sec.
4-418. (1) If provided by the offender, the department shall maintain the state
operator's license, state identification card, or other documentation used to
establish the identity of the individual to be admitted to the department in
the prisoner's personal file.
(2)
The department shall allow prisoners to obtain their Michigan birth
certificates if necessary, collaborating with the department of health and
human services as necessary. The department shall provide a process for a
prisoner to obtain their birth certificates from another state, and in
situations where the prisoner's effort fails, the department shall assist in
obtaining the birth certificate.
(3)
The department shall ensure that prisoners can obtain a copy of their DD Form
214 or other military discharge documentation if necessary, collaborating with
the department of military and veteran's affairs as necessary.
Sec.
4-419. The department shall provide monthly electronic mail reports to the
senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office. The reports shall include information on end-of-month prisoner
populations in county jails, the net operating capacity according to the most
recent certification report, identified by date, the number of beds in
currently closed housing units by facility, and end-of-month data, year-to-date
data, and comparisons to the prior year for the following:
(a)
Community residential program populations, separated by centers and electronic
monitoring.
(b)
Parole populations.
(c)
Probation populations, with identification of the number in special alternative
incarceration.
(d)
Prison and camp populations, with separate identification of the number in
special alternative incarceration and the number of lifers.
(e)
Prisoners classified as past their earliest release date.
(f)
Parole board activity, including the numbers and percentages of parole grants
and parole denials.
(g)
Prisoner exits, identifying transfers to community placement, paroles from
prisons and camps, paroles from community placement, total movements to parole,
prison intake, prisoner deaths, prisoners discharging on the maximum sentence,
and other prisoner exits.
(h)
Prison intake and returns, including probation violators, new court
commitments, violators with new sentences, escaper new sentences, total prison
intake, returns from court with additional sentences, community placement
returns, technical parole violator returns, and total returns to prison and
camp.
Sec.
4-423. From the funds appropriated in part 1 for offender success
administration, the department shall collaborate with the Michigan Restaurant
Association for job placement for individuals on probation and parole.
Sec.
4-425. (1) From the funds appropriated in part 1 for offender success
programming, $1,000,000.00 shall be used by the department to establish
medication-assisted treatment offender success pilot programs to provide
prerelease treatment and postrelease referral for opioid-addicted and
alcohol-addicted offenders who voluntarily participate in the
medication-assisted treatment offender success pilot programs. The department
shall collaborate with residential and nonresidential substance abuse treatment
providers and with community-based clinics to provide postrelease treatment.
The programs shall employ a multifaceted approach to treatment, including a
long-acting nonaddictive medication approved by the Food and Drug
Administration for the treatment of opioid and alcohol dependence, counseling,
and postrelease referral to community-based providers.
(2)
The manufacturer of a long-acting nonaddictive medication approved by the Food and
Drug Administration for opioid and alcohol dependence shall provide the
department with samples of the medication, at no cost to the department, during
the duration of the medication-assisted treatment offender success pilot
programs. Offenders shall receive 1 injection prior to being released from
custody and shall be connected with an aftercare plan and assistance with
obtaining insurance to cover subsequent injections.
(3)
Participants of the programs shall be required to attend substance abuse treatment
programming as directed by their agent, including coordination of both direct
or indirect services through federally qualified health centers in Wayne,
Washtenaw, Genesee, Berrien, Van Buren, and Allegan Counties, but not limited
to only those counties, shall be subject to routine drug and alcohol testing,
shall not be allowed to consume drugs or alcohol, and shall possess a strong
will to overcome addiction.
(4)
The department shall submit a report by September 30 to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the number of offenders who received injections upon release, the number of
offenders who received injections and tested positive for drugs or alcohol, the
number of offenders who received injections in the community for a duration of
at least 3 months, and the number of offenders who received injections and were
subsequently returned to prison.
Sec.
4-426. From the funds appropriated in part 1, the department shall ensure that
any inmate with a diagnosed mental illness is referred to a local mental health
care provider that is able and willing to treat the inmate upon parole or
discharge. The department shall ensure that the provider is informed of the
inmate's current treatment plan including any medications that are currently
prescribed to the inmate.
Sec.
4-437. (1) Funds appropriated in part 1 for Goodwill Flip the Script shall be
distributed to a Michigan-chartered 501(c)(3) nonprofit corporation operating
in a county with greater than 1,500,000 people for administration and expansion
of a program that serves a population of individuals aged 16 to 39. The program
shall target those who are entering the criminal justice system for the first
or second time and shall assist those individuals through the following program
types:
(a)
Alternative sentencing programs in partnership with a local district or circuit
court.
(b)
Educational recovery for special adult populations with high rates of
illiteracy.
(c)
Career development and continuing education for women.
(2)
The program selected shall report by March 30 to the department, the senate and
house appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office.
The report shall include program performance measurements, the number of
individuals diverted from incarceration, the number of individuals served, and
outcomes of participants who complete the program.
FIELD OPERATIONS ADMINISTRATION
Sec.
4-603. (1) 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.
(2)
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.
(3)
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 data collection and evidence-based programs designed to
reduce recidivism among probationers and parolees.
Sec.
4-615. (1) The department shall submit a report detailing the number of
prisoners who have received life imprisonment sentences with the possibility of
parole and who are currently eligible for parole to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office by
April 30.
(2)
The report shall include the following information on parolable lifers who have
served more than 25 years: prisoner name, MDOC identification number, prefix,
offense for which life term is being served, county of conviction, age at time
offense was committed, current age, race, gender, true security classification,
dates of parole board file reviews, dates of parole board interviews, parole
guideline scores, and reason for decision not to release.
Sec.
4-617. From the funds appropriated in part 1 for the residential alternative to
prison program, the department shall provide vocational, educational, and
cognitive programming in a secure environment to enhance existing alternative
sentencing options, increase employment readiness and successful placement
rates, and reduce new criminal behavior for the west Michigan probation
violator population. The department shall measure and set metric goals.
HEALTH CARE
Sec.
4-803. (1) The department shall assure that all prisoners, upon any health care
treatment, are given the opportunity to sign a release of information form
designating a family member or other individual to whom the department shall
release records information regarding a prisoner. A release of information form
signed by a prisoner shall remain in effect for 1 year, and the prisoner may
elect to withdraw or amend the release form at any time.
(2)
The department shall assure that any such signed release forms follow a
prisoner upon transfer to another department facility or to the supervision of
a parole officer.
(3)
The form shall be placed online, on a public website managed by the department.
Sec.
4-804. The department shall report quarterly to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
prisoner health care utilization. The report shall include the number of
inpatient hospital days, outpatient visits, emergency room visits, and
prisoners receiving off-site inpatient medical care in the previous quarter, by
facility.
Sec.
4-807. The funds appropriated in part 1 for Hepatitis C treatment shall be used
only to purchase specialty medication for Hepatitis C treatment in the prison
population. In addition to the above appropriation, any rebates received from
the medications used shall be used only to purchase specialty medication for
Hepatitis C treatment. On an annual basis, the department shall issue a report
to the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office, providing the total amount spent on specialty medication for the
treatment of Hepatitis C, the number of prisoners that were treated, the amount
of any rebates that were received from the purchase of specialty medication,
and what outstanding rebates are expected to be received.
CORRECTIONAL FACILITIES
ADMINISTRATION
Sec.
4-903. From the funds appropriated in part 1 for prison food service, the
department shall report biannually to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office on the
following:
(a)
Average per-meal cost for prisoner food service. Per-meal cost shall include
all costs directly related to the provision of food for the prisoner
population, and shall include, but not be limited to, actual food costs, total
compensation for all food service workers, including benefits and legacy costs,
and inspection and compliance costs for food service.
(b)
Food service-related contracts, including goods or services to be provided and
the vendor.
(c)
Major sanitation violations.
Sec.
4-904. The department shall calculate the cost per prisoner/per day for each
security custody level. This calculation shall include all actual direct and
indirect costs for the previous fiscal year, including, but not limited to, the
value of services provided to the department by other state agencies and the
allocation of statewide legacy costs. To calculate the cost per prisoner/per
day, the department shall divide these direct and indirect costs by the average
daily population for each custody level. For multilevel facilities, the
indirect costs that cannot be accurately allocated to each custody level can be
included in the calculation on a per-prisoner basis for each facility. A report
summarizing these calculations and the direct and indirect costs included in
them shall be submitted to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office not later than December 15.
Sec.
4-906. Any local unit of government or private nonprofit organization that
contracts with the department for public works services shall be responsible
for financing the entire cost of such an agreement.
Sec.
4-907. The department shall report by March 1 to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
academic and vocational programs. The report shall provide information relevant
to an assessment of the department's academic and vocational programs,
including, but not limited to, all of the following:
(a)
The number of instructors and the number of instructor vacancies, by program
and facility.
(b)
The number of prisoners enrolled in each program, the number of prisoners
completing each program, the number of prisoners who do not complete each
program and are not subsequently reenrolled, and the reason for not completing
the program, the number of prisoners transferred to another facility while
enrolled in a program and not subsequently reenrolled, the number of prisoners
enrolled who are repeating the program, and the number of prisoners on waiting
lists for each program, all itemized by facility.
(c)
The steps the department has undertaken to improve programs, track records,
accommodate transfers and prisoners with health care needs, and reduce waiting
lists.
(d)
The number of prisoners paroled without a high school diploma and the number of
prisoners paroled without a high school equivalency.
(e)
An explanation of the value and purpose of each program, for example, to
improve employability, reduce recidivism, reduce prisoner idleness, or some
combination of these and other factors.
(f)
An identification of program outcomes for each academic and vocational program.
(g)
The number of prisoners not paroled at their earliest release date due to lack
of a high school equivalency, and the reason those prisoners have not obtained
a high school equivalency.
Sec.
4-910. The department shall allow the Michigan Braille transcribing fund
program to operate at designated locations. The donations by the Michigan
Braille transcribing fund at the G. Robert Cotton Correctional Facility and
Womens Huron Valley Correctional Facility are acknowledged and appreciated. The
department shall continue to encourage the Michigan Braille transcribing fund
program to produce high-quality materials for use by the visually impaired.
Sec.
4-911. By March 1, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office
the number of critical incidents occurring each month by type and the number
and severity of assaults, escape attempts, suicides, and attempted suicides
occurring each month at each facility during the immediately preceding calendar
year.
Sec.
4-912. The department shall report annually to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the ratio of correctional officers to prisoners for each correctional
institution, the ratio of shift command staff to line custody staff, and the ratio
of noncustody institutional staff to prisoners for each correctional
institution.
Sec.
4-913. (1) From the funds appropriated in part 1, the department shall focus on
providing required programming to prisoners who are past their earliest release
date because of not having received the required programming. Programming
includes, but is not limited to, violence prevention programming, assaultive
offender programming, sexual offender programming, substance abuse treatment
programming, thinking for a change programming, and any other programming that
is required as a condition of parole.
(2)
The department shall submit a quarterly report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office
detailing enrollment in sex offender programming, assaultive offender
programming, violent offender programming, and thinking for a change
programming. At a minimum, the report shall include the following:
(a)
A full accounting, from the date of entrance to prison, of the number of
individuals who are required to complete the programming, but have not yet done
so.
(b)
The number of individuals who have reached their earliest release date, but who
have not completed required programming.
(c)
A plan of action for addressing any waiting lists or backlogs for programming
that may exist.
Sec.
4-920. If a female prisoner consents to a visitor being present, the department
shall allow that 1 person to be present during the prisoner's labor and
delivery. The person allowed to accompany the prisoner must be an immediate
family member, legal guardian, spouse, or domestic partner. The department is
authorized to deny access to a visitor if the department has a safety concern
with that visitor's access. The department is authorized to conduct a criminal
background check on a visitor.
Sec.
4-924. The department shall evaluate all prisoners at intake for substance
abuse disorders, serious developmental disorders, serious mental illness, and
other mental health disorders. Prisoners with serious mental illness or serious
developmental disorders shall not be removed from the general population as a
punitive response to behavior caused by their serious mental illness or serious
developmental disorder. Due to persistent high violence risk or severe
disruptive behavior that is unresponsive to treatment, prisoners with serious
mental illness or serious developmental disorders may be placed in secure
residential housing programs that will facilitate access to institutional
programming and ongoing mental health services. A prisoner with serious mental
illness or serious developmental disorder who is confined in these specialized
housing programs shall be evaluated or monitored by a medical professional at a
frequency of not less than every 12 hours.
Sec.
4-925. By March 1, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the annual number of prisoners in administrative segregation between October 1,
2019 and September 30, 2020, and the annual number of prisoners in
administrative segregation between October 1, 2019 and September 30, 2020 who
at any time during the current or prior prison term were diagnosed with serious
mental illness or have a developmental disorder and the number of days each of
the prisoners with serious mental illness or a developmental disorder have been
confined to administrative segregation.
Sec.
4-929. From the funds appropriated in part 1, the department shall do all of
the following:
(a)
Ensure that any inmate care and control staff in contact with prisoners less
than 18 years of age are adequately trained with regard to the developmental
and mental health needs of prisoners less than 18 years of age. By April 1, the
department shall report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office on the training curriculum used and the
number and types of staff receiving annual training under that curriculum.
(b)
Provide appropriate placement for prisoners less than 18 years of age who have
serious mental illness, serious emotional disturbance, or a serious
developmental disorder and need to be housed separately from the general
population. Prisoners less than 18 years of age who have serious mental
illness, serious emotional disturbance, or a serious developmental disorder
shall not be removed from an existing placement as a punitive response to
behavior caused by their serious mental illness, serious emotional disturbance,
or a serious developmental disorder. Due to persistent high violence risk or
severe disruptive behavior that is unresponsive to treatment, prisoners less
than 18 years of age with serious emotional disturbance, serious mental
illness, or serious developmental disorders may be placed in secure residential
housing programs that will facilitate access to institutional programming and
ongoing mental health services. A prisoner less than 18 years of age with
serious mental illness, serious emotional disturbance, or a serious
developmental disorder who is confined in these specialized housing programs
shall be evaluated or monitored by a medical professional at a frequency of not
less than every 12 hours.
(c)
Implement a specialized offender success program that recognizes the needs of
prisoners less than 18 years old for supervised offender success.
Sec.
4-930. The department shall submit an annual report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the number of youth in prison. The report shall include, but not be limited to,
the following information:
(a)
The total number of inmates under age 18 who are not on Holmes youthful trainee
act status.
(b)
The total number of inmates under age 18 who are on Holmes youthful trainee act
status.
(c)
The total number of inmates aged 18 to 23 who are on Holmes youthful trainee
act status.
Sec.
4-942. The department shall ensure that any contract with a public or private
party to operate a facility to house state prisoners includes a provision to
allow access by both the office of the legislative auditor general and the
office of the legislative corrections ombudsman to the facility and to
appropriate records and documents related to the operation of the facility.
These access rights for both offices shall be the same for the contracted
facility as for a general state-operated correctional facility.
MISCELLANEOUS
Sec.
4-1009. The department shall make an information packet for the families of
incoming prisoners available on the department's website. The information
packet shall be updated by February 1. The packet shall provide information on
topics including, but not limited to: how to put money into prisoner accounts,
how to make phone calls or create Jpay electronic mail accounts, how to visit
in person, proper procedures for filing complaints or grievances, the rights of
prisoners to physical and mental health care, how to utilize the offender
tracking information system (OTIS), truth-in-sentencing and how it applies to
minimum sentences, the parole process, and guidance on the importance of the
role of families in the reentry process. The department is encouraged to
partner with external advocacy groups and actual families of prisoners in the
packet-writing process to ensure that the information is useful and complete.
Sec.
4-1011. The department may accept in-kind services and equipment donations to
facilitate the addition of a cable network that provides programming that will
address the religious needs of incarcerated individuals. This network may be a
cable television network that presently reaches the majority of households in
the United States. A bilingual channel affiliated with this network may also be
added to department programming to assist the religious needs of
Spanish-speaking inmates. The addition of these channels shall be at no
additional cost to this state.
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, 2021, and are anticipated to be appropriated for the
fiscal year ending September 30, 2022, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations
in this part:
DEPARTMENT OF EDUCATION
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 615.0 615.0
GROSS APPROPRIATION...................................... $ 452,178,600 $ 458,953,600
Total interdepartmental grants and
interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 452,178,600 $ 458,953,600
Total federal revenues................................... 344,804,700 353,379,700
Total local revenues..................................... 5,872,100 5,872,100
Total private revenues................................... 2,239,300 2,239,300
Total other state restricted revenues................... 9,815,400 9,815,400
State general fund/general purpose...................... $ 89,447,100 $ 87,647,100
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 87,647,100 87,647,100
One-time state general fund/general purpose.......... 1,800,000 0
Sec. 5-102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 11.0 11.0
Unclassified salaries-6.0 FTE positions................. $ 910,600 $ 910,600
Education commission of the states...................... 120,800 120,800
State board of education, per diem payments............. 24,400 24,400
State board/superintendent operations-11.0 FTE
positions.............................................. 2,317,500 2,317,500
GROSS APPROPRIATION...................................... $ 3,373,300 $ 3,373,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 250,000 250,000
Special revenue funds:
Private revenues......................................... 28,100 28,100
Other state restricted revenues......................... 809,200 809,200
State general fund/general purpose...................... $ 2,286,000 $ 2,286,000
Sec. 5-103. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated classified positions................ 47.6 47.6
Central support operations-38.6 FTE positions........... $ 6,138,000 $ 6,138,000
Federal and private grants............................... 3,000,000 3,000,000
Grant and contract operations-9.0 FTE
positions......... 2,760,000 2,760,000
Property management...................................... 3,556,100 3,556,100
Terminal leave payments.................................. 353,300 353,300
Training and orientation workshops...................... 150,000 150,000
Worker's compensation.................................... 65,700 65,700
GROSS APPROPRIATION...................................... $ 16,023,100 $ 16,023,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 9,135,000 9,135,000
Special revenue funds:
Private revenues......................................... 1,000,000 1,000,000
Other state restricted revenues......................... 729,900 729,900
State general fund/general purpose...................... $ 5,158,200 $ 5,158,200
Sec. 5-104. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 5,002,300 $ 5,002,300
GROSS APPROPRIATION...................................... $ 5,002,300 $ 5,002,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,604,800 2,604,800
Special revenue funds:
Other state restricted revenues......................... 939,400 939,400
State general fund/general purpose...................... $ 1,458,100 $ 1,458,100
Sec. 5-105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions................ 47.0 47.0
Special education operations-47.0 FTE
positions......... $ 9,323,600 $ 9,323,600
GROSS APPROPRIATION...................................... $ 9,323,600 $ 9,323,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,723,500 8,723,500
Special revenue funds:
Private revenues......................................... 110,100 110,100
Other state restricted revenues......................... 46,800 46,800
State general fund/general purpose...................... $ 443,200 $ 443,200
Sec. 5-106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions................ 82.0 82.0
Camp Tuhsmeheta-1.0 FTE position........................ $ 501,100 $ 501,100
Low incidence outreach program.......................... 1,000,000 1,000,000
Michigan schools for the deaf and blind
operations-
81.0 FTE positions..................................... 13,638,500 13,638,500
Private gifts - blind.................................... 200,000 200,000
Private gifts - deaf..................................... 150,000 150,000
GROSS APPROPRIATION...................................... $ 15,489,600 $ 15,489,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 7,560,300 7,560,300
Special revenue funds:
Local revenues........................................... 5,872,100 5,872,100
Private revenues......................................... 851,100 851,100
Other state restricted revenues......................... 1,206,100 1,206,100
State general fund/general purpose...................... $ 0 $ 0
Sec. 5-107. EDUCATOR EXCELLENCE
Full-time equated classified positions................ 48.0 48.0
Educator excellence operations-48.0 FTE
positions....... $ 11,219,000 $ 11,219,000
GROSS APPROPRIATION...................................... $ 11,219,000 $ 11,219,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 4,668,000 4,668,000
Special revenue funds:
Other state restricted revenues......................... 4,295,000 4,295,000
State general fund/general purpose...................... $ 2,256,000 $ 2,256,000
Sec. 5-108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions................ 66.0 66.0
Child development and care external support............. $ 30,809,900 $ 30,809,900
Child development and care public assistance............ 242,725,000 251,300,000
Head start collaboration office-1.0 FTE
position........ 321,200 321,200
Office of great start operations-65.0 FTE
positions..... 31,009,900 31,009,900
GROSS APPROPRIATION...................................... $ 304,866,000 $ 313,441,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 263,154,500 271,729,500
Special revenue funds:
Private revenues......................................... 250,000 250,000
Other state restricted revenues......................... 64,600 64,600
State general fund/general purpose...................... $ 41,396,900 $ 41,396,900
Sec. 5-109. SYSTEMS, EVALUATION, AND TECHNOLOGY
Full-time equated classified positions................ 10.0 10.0
Office of systems, evaluation, and technology
operations-10.0 FTE positions.......................... $ 2,008,200 $ 2,008,200
GROSS APPROPRIATION...................................... $ 2,008,200 $ 2,008,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,122,800 1,122,800
Special revenue funds:
Other state restricted revenues......................... 10,400 10,400
State general fund/general purpose...................... $ 875,000 $ 875,000
Sec. 5-110. STRATEGIC PLANNING AND IMPLEMENTATION
Full-time equated classified positions................ 6.0 6.0
Strategic planning and implementation
operations-6.0
FTE positions.......................................... $ 1,095,700 $ 1,095,700
GROSS APPROPRIATION...................................... $ 1,095,700 $ 1,095,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 559,000 559,000
Special revenue funds:
State general fund/general purpose...................... $ 536,700 $ 536,700
Sec. 5-111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions................ 2.0 2.0
Administrative law operations-2.0 FTE
positions......... $ 1,426,000 $ 1,426,000
GROSS APPROPRIATION...................................... $ 1,426,000 $ 1,426,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 579,700 579,700
Special revenue funds:
Other state restricted revenues......................... 739,900 739,900
State general fund/general purpose...................... $ 106,400 $ 106,400
Sec. 5-112. ACCOUNTABILITY SERVICES
Full-time equated classified positions................ 63.6 63.6
Accountability services operations-63.6 FTE positions... $ 14,935,300 $ 14,935,300
GROSS APPROPRIATION...................................... $ 14,935,300 $ 14,935,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,705,000 12,705,000
Special revenue funds:
State general fund/general purpose...................... $ 2,230,300 $ 2,230,300
Sec. 5-113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions................ 74.6 74.6
Adolescent and school health............................ $ 330,700 $ 330,700
School support services operations-74.6 FTE
positions... 13,801,500 13,801,500
GROSS APPROPRIATION...................................... $ 14,132,200 $ 14,132,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,670,500 12,670,500
Special revenue funds:
Other state restricted revenues......................... 71,700 71,700
State general fund/general purpose...................... $ 1,390,000 $ 1,390,000
Sec. 5-114. EDUCATIONAL SUPPORTS
Full-time equated classified positions................ 82.7 82.7
Educational supports operations-82.7 FTE
positions...... $ 15,520,400 $ 15,520,400
GROSS APPROPRIATION...................................... $ 15,520,400 $ 15,520,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 11,317,800 11,317,800
Special revenue funds:
Other state restricted revenues......................... 602,400 602,400
State general fund/general purpose...................... $ 3,600,200 $ 3,600,200
Sec. 5-115. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions................ 28.0 28.0
Career and technical education operations-28.0
FTE
positions.............................................. $ 5,432,700 $ 5,432,700
GROSS APPROPRIATION...................................... $ 5,432,700 $ 5,432,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 4,024,200 4,024,200
Special revenue funds:
State general fund/general purpose...................... $ 1,408,500 $ 1,408,500
Sec. 5-116. LIBRARY OF MICHIGAN
Full-time equated classified positions................ 33.5 33.5
Library of Michigan operations-31.5 FTE
positions....... $ 5,170,500 $ 5,170,500
Library services and technology program-1.0
FTE
position............................................... 5,615,100 5,615,100
Michigan eLibrary-1.0 FTE position...................... 1,772,600 1,772,600
Renaissance zone reimbursements......................... 2,200,000 2,200,000
State aid to libraries................................... 12,067,700 12,067,700
GROSS APPROPRIATION...................................... $ 26,825,900 $ 26,825,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 5,615,100 5,615,100
Special revenue funds:
Other state restricted revenues......................... 300,000 300,000
State general fund/general purpose...................... $ 20,910,800 $ 20,910,800
Sec. 5-117. PARTNERSHIP DISTRICT SUPPORT
Full-time equated classified positions................ 13.0 13.0
Partnership district support operations-13.0
FTE
positions.............................................. $ 3,705,300 $ 3,705,300
GROSS APPROPRIATION...................................... $ 3,705,300 $ 3,705,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 114,500 114,500
Special revenue funds:
State general fund/general purpose...................... $ 3,590,800 $ 3,590,800
Sec. 5-118. ONE-TIME APPROPRIATIONS
PBS early childhood initiative.......................... $ 1,800,000 $ 0
GROSS APPROPRIATION...................................... $ 1,800,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 1,800,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$99,262,500.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $14,267,700.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF EDUCATION
Renaissance zone reimbursements........................................ $ 2,200,000
State aid to libraries................................................. 12,067,700
TOTAL.................................................................... $ 14,267,700
Sec.
5-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
5-203. As used in this article:
(a)
"Department" means the Michigan department of education.
(b)
"District" means a local school district as that term is defined in
section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a public
school academy as that term is defined in section 5 of the revised school code,
1976 PA 451, MCL 380.5.
(c)
"FTE" means full-time equated.
(d)
"HHS" means the United States department of health and human
services.
(e)
"PBS" means public broadcasting service.
(f)
"STEAM" means science, technology, engineering, arts, and
mathematics.
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 Intranet site.
Sec.
5-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
5-206. To the extent permissible under the management and budget act, the state
superintendent of public instruction shall take all reasonable steps to ensure
businesses in deprived and depressed communities compete for and perform
contracts to provide services or supplies, or both. The state superintendent of
public instruction shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and deprived communities
for services, supplies, or both.
Sec.
5-207. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
5-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
5-209. Not later than 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. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
5-212. Within 14 days after the release of the executive budget recommendation,
the department shall provide to the state budget office information sufficient
to provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
5-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
5-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2021 are estimated at
$14,935,200.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $7,166,100.00. Total agency
appropriations for retiree health care legacy costs are estimated at $7,769,100.00.
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 treasury to coordinate with the financial
independence team and overseeing deficit districts and working with the
department of health and human services and department of licensing and
regulatory affairs to coordinate with early childhood programs and overseeing
child care providers.
Sec.
5-231. From the funds appropriated in part 1, the department shall collect
information from all school districts, intermediate school districts, and
public school academies that have not adopted any policies that were specified
by section 12b of the child protection law, 1975 PA 238, MCL 722.632b, during
the fiscal year ending September 30, 2018, or that adopted new policies
specified by section 12b of the child protection law, 1975 PA 238, MCL
722.632b, during the fiscal year ending September 30, 2020. The information
collected shall be reported to the house and senate appropriations committees,
the house and senate fiscal agencies, and the state budget office. The report
shall include a list of each school district, intermediate school district, and
public school academy that has adopted each policy specified by section 12b of
the child protection law, 1975 PA 238, MCL 722.632b.
Sec.
5-232. From the funds appropriated in part 1, the department shall ensure that
the most recently issued report of regional in-demand occupations issued by the
department of technology, management and budget is distributed in electronic or
paper form to all high schools in each school district, intermediate school
district, and public school academy.
Sec.
5-233. (1) From the funds appropriated in part 1, the department shall develop
and implement a training program to provide resources and programming to pupils
in grades 9 to 12 who are interested in a career in teaching and who are
members of groups that are underrepresented in the teaching profession in this
state.
(2)
The department shall do all of the following with respect to the training
program developed and implemented under subsection (1):
(a)
Create a process for nomination and admission of pupils to the program.
(b)
Advertise the program.
(c)
Invite postsecondary institutions in this state that operate a teacher preparation
program to participate in the training program.
(d)
Connect pupils participating in the program to representatives of teacher
preparation programs at postsecondary institutions in this state.
(e)
At least once, conduct conferences for pupils participating in the program in
locations that are geographically convenient for the majority of pupils
attending each conference.
(f)
Provide all available research and resources to pupils and postsecondary
institutions participating in the training program on at least all of the
following:
(i)
Successful activities and programs for recruiting and retaining pupils who are
members of groups that are underrepresented in the teaching profession for
participation in postsecondary teacher preparation programs.
(ii)
Teacher certification.
(iii)
Employment as a teacher.
STATE BOARD/OFFICE OF THE
SUPERINTENDENT
Sec.
5-301. (1) The appropriations in part 1 may be used for per diem payments to
the state board for meetings at which a quorum is present or for performing
official business authorized by the state board. The per diem payments shall be
at a rate as follows:
(a)
State board of education - president - $110.00 per day.
(b)
State board of education - member other than president - $100.00 per day.
(2)
A state board of education member shall not be paid a per diem for more than 30
days per year.
SPECIAL EDUCATION SERVICES
Sec.
5-350. From the funds in part 1 for special education operations, the
department shall use $100,000.00 to design and distribute to all parents and
legal guardians of a student with a disability information about federal and
state mandates regarding the rights and protections of students with
disabilities, including, but not limited to, individualized education programs
to ensure that parents and legal guardians are fully informed about laws,
rules, procedural safeguards, problem-solving options, and any other
information the department determines is necessary so that parents and legal
guardians may be able to provide meaningful input in collaboration with
districts to develop and implement an individualized education program.
MICHIGAN SCHOOLS FOR THE DEAF AND
BLIND
Sec.
5-401. The employees at the Michigan Schools for the Deaf and Blind who work on
a school-year basis are considered annual employees for purposes of service
credits, retirement, and insurance benefits.
Sec.
5-402. For each student enrolled at the Michigan Schools for the Deaf and
Blind, the department shall assess the intermediate school district of
residence 100% of the cost of operating the student's instructional program.
The amount shall exclude room and board related costs and the cost of weekend
transportation between the school and the student's home.
Sec.
5-406. (1) The Michigan Schools for the Deaf and Blind may promote its
residential program as a possible appropriate option for children who are deaf
or hard of hearing or who are blind or visually impaired. The Michigan Schools
for the Deaf and Blind shall distribute information detailing its services to
all intermediate school districts in this state.
(2)
Upon knowledge of or recognition by an intermediate school district that a
child in the district is deaf or hard of hearing or blind or visually impaired,
the intermediate school district shall provide to the parents of the child the
literature distributed by the Michigan Schools for the Deaf and Blind to
intermediate school districts under subsection (1).
(3)
Parents will continue to have a choice regarding the educational placement of
their deaf or hard-of-hearing children.
Sec.
5-407. Revenue received by the Michigan Schools for the Deaf and Blind from
gifts, bequests, and donations that is unexpended at the end of the state
fiscal year may be carried over to the succeeding fiscal year and shall not
revert to the general fund.
Sec.
5-408. (1) The funds appropriated in part 1 for the low incidence outreach fund
are appropriated from money collected by the Michigan Schools for the Deaf and
Blind and the low incidence outreach program for providing qualified services
and may be used for any expenses necessary to provide the qualified services.
Any money that is unexpended at the end of the current fiscal year may be
carried forward into the succeeding fiscal year.
(2)
As used in this section, "qualified services" means document
reproduction and services; conducting conferences, workshops, and training
classes; and providing specialized equipment, facilities, and software.
EDUCATOR EXCELLENCE
Sec.
5-501. From the funds appropriated in part 1 for educator excellence, 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, upon
request, consult with the Michigan Virtual Learning Research Institute and
external stakeholders in connection with the department's implementation and
administration of professional development training described in section 35a of
the state school aid act of 1979, 1979 PA 94, MCL 388.1635a, including, but not
limited to, the online training of educators of pupils in grades K to 3
described in that section
Sec.
5-506. Revenue received from teacher testing fees that is unexpended at the end
of the current fiscal year may be carried over to the succeeding fiscal year
and shall not revert to the general fund.
Sec.
5-507. From the funds appropriated in part 1, the department shall adopt a
teacher certification test that ensures that all newly certified elementary
teachers have the skills to deliver evidence-based literacy instruction. The
department may use teacher certification or teacher testing fee revenue to the
extent allowable under law to implement this section, or may pass along
increased testing fees to teachers as allowable and appropriate.
Sec.
5-508. (1) From the funds appropriated in part 1 for educator excellence, the
department shall use $180,000.00 to address teacher shortage and diversity in
Michigan with a focus on districts who are experiencing high teacher vacancies,
a part of a Community Engagement Advisory Committee, or have a high
concentration of poverty in the district.
(2)
The funds described in subsection (1) shall be used to address teacher shortage
and diversity in the follow ways:
(a)
Create, simplify, streamline, and standardize teacher reciprocity agreements
with other states for individuals who have completed traditional teacher
preparation programs outside of Michigan. Reciprocity agreements will include a
standard or professional teaching certificate to any individual who completes a
traditional teacher preparation program in the areas of special education or
STEAM. Reciprocity agreements will also include a standard or professional
teaching certificate to individuals completing a traditional teacher
preparation program in any subject who will teach in a district that meets any
of the following criteria:
(i)
Has established a Community Engagement Advisory Committee.
(ii)
Has placed in the bottom 5% of the composite index score in any of the prior 3
fiscal years as determined by the department.
(iii)
Is on the department of treasury's list of potential fiscal stress schools, or
if the district is required to submit a deficit elimination plan or an enhanced
deficit elimination plan under section 1220 of the revised school code, MCL 380.1220.
(b)
Create a user friendly website that has job postings for teachers by geographic
region, endorsement type, and school district. The website should also include
details or links to details on teacher preparation programs, teacher
certification pathways, out-of-state reciprocity agreements, salary and benefit
information, teacher testimonials, and information on housing, recreation,
community, and culture in Michigan for each region of the state.
(c)
Promote diversity efforts to ensure the teacher population more closely
reflects the makeup of the student population.
SCHOOL SUPPORT SERVICES
Sec.
5-602. From the funds appropriated in part 1 for adolescent and school health,
there is appropriated $330,700.00 to replace federal funding reductions from
the HHS - Centers for Disease Control and Prevention to the department and
section 39a(2)(a) of the state school aid act of 1979, 1979 PA 94, MCL
388.1639a.
EDUCATIONAL SUPPORTS
Sec.
5-701. (1) From the funds appropriated in part 1 for educational supports, the
department shall produce a report detailing the progress made by districts with
grades K to 12 receiving at-risk funding under section 31a of the state school
aid act of 1979, 1979 PA 94, MCL 388.1631a, in implementing multitiered systems
of supports in the prior school fiscal year for grades K to 12, and in
providing reading intervention services described in section 1280f of the
revised school code, 1976 PA 451, MCL 380.1280f, for pupils in grades K to 12.
(2)
The report described in subsection (1) shall include, at a minimum:
(a)
A description of the training, coaching, and technical assistance offered by
the department to districts to support the implementation of effective
multitiered systems of supports and reading intervention programs.
(b)
A list of districts determined by the department to have successfully
implemented multitiered systems of supports and reading intervention programs.
(c)
A list of best practices that the department has identified that may be used by
districts to implement multitiered systems of supports and reading intervention
programs.
(d)
Other information the department determines would be useful to understanding
the status of districts' implementation of effective multitiered systems of
supports and reading intervention programs.
(3)
The department shall provide the report described in subsection (1) to the
state budget director, the house and senate subcommittees that oversee the
department of education and school aid budgets, and the house and senate fiscal
agencies by September 30, 2021.
Sec.
5-702. From the funds appropriated in part 1, there is appropriated an amount
not to exceed $1,000,000.00 for implementation costs associated with programs
for early childhood literacy funded under section 35a of the state school aid
act of 1979, 1979 PA 94, MCL 388.1635a.
LIBRARY OF MICHIGAN
Sec.
5-801. (1) The funds appropriated in part 1 for library fees are appropriated
from money collected by the Library of Michigan for providing qualified
services and may be used for any expenses necessary to provide the qualified
services. Any money that is unexpended at the end of the current fiscal year
may be carried forward into the succeeding fiscal year.
(2)
As used in this section, "qualified services" means document reproduction
and services; conducting conferences, workshops, and training classes; and
providing specialized equipment, facilities, and software.
Sec.
5-804. (1) The funds appropriated in part 1 for renaissance zone reimbursements
shall be used to reimburse public libraries under section 12 of the Michigan
renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2020. 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.
Sec.
5-805. From the funds appropriated in part 1 for library of Michigan
operations, there is $100,000.00 appropriated for support of the Michigan poet
laureate program to promote poetry, the spoken word, and literary arts across
the state.
MICHIGAN OFFICE OF GREAT START
Sec.
5-1002. The department shall ensure that the final Child Development and Care
provider reimbursement rates are published on the department and Great Start to
Quality webpages.
Sec.
5-1007. (1) From the funds appropriated in part 1 for child development and
care - external support, the department shall create progress reports that
shall include, but are not limited to, the following:
(a)
Both the on-site and off-site activities that are intended to improve child
care provider quality and the number of times those activities are performed by
the licensing consultants.
(b)
How many on-site visits a single licensing consultant has made since the start
of the current fiscal year.
(c)
The types of on-site visits and the number of visits for each type that a
single consultant has made since the start of the current fiscal year.
(d)
The number of providers that have improved their quality rating since the start
of the current fiscal year compared to the same time period in the preceding
fiscal year, reported as the number of providers in each regional prosperity
zone.
(e)
The types of activities that are intended to improve licensing consultant performance
and child care provider quality and the number of times those activities are
performed by the managers and administrators.
(2)
The progress reports shall be sent to the state budget director, the house and
senate subcommittees that oversee the department of education, and the house
and senate fiscal agencies by April 1, 2021 and September 30, 2021.
Sec.
5-1008. From the amount appropriated in part 1 for office of great start
operations, the department shall ensure efficient service provision 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, working with the
department of health and human services as necessary.
Sec.
5-1009. From the funds appropriated in part 1 for child development and care
public assistance, the income entrance threshold for the child development and
care program is set to 150% of the federal poverty guidelines.
Sec.
5-1010. Within 10 days of the receipt of changes to the federal child care and
development program, the department shall notify the house and senate
chairpersons of the appropriations subcommittees responsible for the department
budget, the house and senate fiscal agencies, and the state budget director.
The notification shall include, but is not limited to:
(a)
Changes to the federal matching award amount, including the amount of state
resources necessary to draw down the total matching award.
(b)
Changes to the amount of child care and development block grant that is awarded
to this state.
(c)
Any significant changes to the federal requirements on the child development
and care program, indicating any new requirements that would require the appropriation
of additional dollars.
Sec.
5-1011. (1) From the funds appropriated in part 1 for child development and
care public assistance, the department shall implement a biweekly block
reimbursement rate schedule through the following block segments:
(a)
The block segment for a biweekly block reimbursement rate schedule for child
care centers, group homes, and registered family homes, for paid part time
hours between 1 to 30 hours, shall be reimbursed at the hourly reimbursement
rate.
(b)
The block segment for a biweekly block reimbursement rate schedule for child
care centers, group homes, and registered family homes, for paid part time
hours between 31 to 60 hours, shall be reimbursed as 60 hours.
(c)
The block segment for a biweekly block reimbursement rate schedule for child
care centers, group homes, and registered family homes, for paid full time
hours between 61 to 80 hours, shall be reimbursed as 80 hours.
(d)
The block segment for a biweekly block reimbursement rate schedule for child
care centers, group homes, and registered family homes, for paid full time plus
hours between 81 to 90 hours, shall be reimbursed as 90 hours.
(e)
The block segment for a biweekly block reimbursement rate schedule for license
exempt providers shall be reimbursed at their current hourly reimbursement
rates.
ONE-TIME APPROPRIATIONS
Sec.
5-1102. From the funds appropriated in part 1 for PBS early childhood
initiative, there is $1,800,000.00 allocated for a community licensed public
television station in this state to provide direct services to educators,
parents, and informal and formal caregivers to improve school readiness. These
direct services and supports must include, but are not limited to, reading and
literacy, community education camps, and professional development training
programs.
Article 6
DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
6-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of environment, Great Lakes, and energy are
appropriated for the fiscal year ending September 30, 2021, and are anticipated
to be appropriated for the fiscal year ending September 30, 2022, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 1,416.0 1,416.0
GROSS APPROPRIATION...................................... $ 523,049,200 $ 503,049,200
Total interdepartmental grants and
interdepartmental
transfers.............................................. 3,337,700 3,337,700
ADJUSTED GROSS APPROPRIATION............................ $ 519,711,500 $ 499,711,500
Total federal revenues................................... 171,973,000 171,973,000
Total local revenues..................................... 0 0
Total private revenues................................... 1,412,800 1,412,800
Total other state restricted revenues................... 272,191,800 272,191,800
State general fund/general purpose...................... $ 74,133,900 $ 54,133,900
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 54,133,900 54,133,900
One-time state general fund/general purpose.......... 20,000,000 0
Sec. 6-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 106.0 106.0
Unclassified salaries-6.0 FTE positions................. $ 828,600 $ 828,600
Accounting service center................................ 1,470,100 1,470,100
Administrative hearings officers........................ 913,800 913,800
Environmental investigations-12.0 FTE
positions......... 2,554,900 2,554,900
Environmental support-56.0 FTE positions................ 8,421,200 8,421,200
Environmental support projects.......................... 5,000,000 5,000,000
Executive direction-14.0 FTE positions.................. 2,385,000 2,385,000
Facilities management.................................... 1,000,000 1,000,000
Financial support-24.0 FTE positions.................... 3,489,500 3,489,500
Property management...................................... 8,557,900 8,557,900
GROSS APPROPRIATION...................................... $ 34,621,000 $ 34,621,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 86,900 86,900
IDG from department of transportation................... 122,100 122,100
Federal revenues:
Other federal revenues................................... 604,700 604,700
Special revenue funds:
Private revenues......................................... 750,500 750,500
Other state restricted revenues......................... 25,490,400 25,490,400
State general fund/general purpose...................... $ 7,566,400 $ 7,566,400
Sec. 6-103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions................ 15.0 15.0
Great Lakes restoration initiative-9.0 FTE
positions.... $ 2,598,800 $ 7,598,800
Office of the Great Lakes-6.0 FTE positions............. 900,300 900,300
GROSS APPROPRIATION...................................... $ 3,499,100 $ 8,499,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,624,800 7,624,800
Special revenue funds:
Other state restricted revenues......................... 506,100 506,100
State general fund/general purpose...................... $ 368,200 $ 368,200
Sec. 6-104. WATER RESOURCES DIVISION
Full-time equated classified positions................ 319.0 319.0
Aquatic nuisance control program-6.0 FTE
positions...... $ 963,300 $ 963,300
Coastal management grants-7.0 FTE positions............. 2,518,500 2,518,500
Expedited water/wastewater permits-1.0 FTE
position..... 51,400 51,400
Federal - Great Lakes remedial action plan
grants....... 583,800 583,800
Federal - nonpoint source water pollution
grants........ 4,083,300 4,083,300
Fish contaminant monitoring.............................. 316,100 316,100
Great Lakes restoration initiative...................... 3,608,200 3,608,200
Groundwater discharge permit program-22.0 FTE
positions.............................................. 3,361,700 3,361,700
Land and water interface permit programs-82.0
FTE
positions................................................ 12,299,600 12,299,600
Nonpoint source pollution prevention and
control
project program........................................ 2,000,000 2,000,000
NPDES nonstormwater program-83.0 FTE positions.......... 13,685,200 13,685,200
Program direction and project assistance-27.0
FTE
positions.............................................. 3,256,700 3,256,700
Sewage sludge land application program-7.0 FTE
positions.............................................. 895,300 895,300
Stormwater activities-27.5 FTE positions................ 5,327,200 5,327,200
Surface water-51.5 FTE positions........................ 8,685,000 8,685,000
Technology advancements for water monitoring............ 500,000 500,000
Water quality protection grants......................... 100,000 100,000
Water withdrawal assessment program-5.0 FTE
positions... 847,500 847,500
Wetlands program......................................... 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 64,082,800 $ 64,082,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 1,338,700 1,338,700
Federal revenues:
Other federal revenues................................... 26,710,300 26,710,300
Special revenue funds:
Other state restricted revenues......................... 18,994,800 18,994,800
State general fund/general purpose...................... $ 17,039,000 $ 17,039,000
Sec. 6-106. AIR QUALITY DIVISION
Full-time equated classified positions................ 187.0 187.0
Air quality programs-187.0 FTE positions................ $ 30,534,800 $ 30,534,800
GROSS APPROPRIATION...................................... $ 30,534,800 $ 30,534,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 7,531,200 7,531,200
Special revenue funds:
Other state restricted revenues......................... 14,854,300 14,854,300
State general fund/general purpose...................... $ 8,149,300 $ 8,149,300
Sec. 6-107. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions................ 308.0 308.0
Contaminated site investigations, cleanup and
revitalization-130.0 FTE positions..................... $ 19,167,200 $ 19,167,200
Emergency cleanup actions................................ 2,000,000 2,000,000
Environmental cleanup support........................... 1,000,000 1,000,000
Federal cleanup project management-40.0 FTE
positions... 7,292,500 7,292,500
Laboratory services-39.0 FTE positions.................. 6,995,400 6,995,400
Refined petroleum product cleanup program-99.0
FTE
positions.............................................. 35,191,200 35,191,200
Superfund cleanup........................................ 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 72,646,300 $ 72,646,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,558,000 6,558,000
Special revenue funds:
Other state restricted revenues......................... 65,793,700 65,793,700
State general fund/general purpose...................... $ 294,600 $ 294,600
Sec. 6-108. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions................ 5.0 5.0
Underground storage tank cleanup program-5.0
FTE
positions.............................................. $ 20,076,200 $ 20,076,200
GROSS APPROPRIATION...................................... $ 20,076,200 $ 20,076,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 20,076,200 20,076,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 6-109. RENEWING MICHIGAN'S ENVIRONMENT
Full-time equated classified positions................ 133.0 133.0
Mapping and other support-5.0 FTE positions............. $ 4,300,000 $ 4,300,000
Renew Michigan program-128.0 FTE positions.............. 70,060,200 70,060,200
GROSS APPROPRIATION...................................... $ 74,360,200 $ 74,360,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 70,060,200 70,060,200
State general fund/general purpose...................... $ 4,300,000 $ 4,300,000
Sec. 6-110. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 9,839,300 $ 9,839,300
GROSS APPROPRIATION...................................... $ 9,839,300 $ 9,839,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 25,600 25,600
IDG from department of transportation................... 36,800 36,800
Federal revenues:
Other federal revenues................................... 1,838,700 1,838,700
Special revenue funds:
Private revenues......................................... 15,200 15,200
Other state restricted revenues......................... 5,859,600 5,859,600
State general fund/general purpose...................... $ 2,063,400 $ 2,063,400
Sec. 6-111. CLIMATE AND ENERGY
Full-time equated classified positions................ 3.0 3.0
Office of climate and energy-3.0 FTE positions.......... $ 263,800 $ 263,800
GROSS APPROPRIATION...................................... $ 263,800 $ 263,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 49,700 49,700
Special revenue funds:
Other state restricted revenues......................... 39,700 39,700
State general fund/general purpose...................... $ 174,400 $ 174,400
Sec. 6-112. DRINKING WATER AND ENVIRONMENTAL HEALTH
Full-time equated classified positions................ 125.0 125.0
Drinking water-68.0 FTE positions....................... $ 11,962,700 $ 11,962,700
Drinking water program grants........................... 830,000 830,000
Environmental health-57.0 FTE positions................. 7,228,500 7,228,500
Noncommunity water grants................................ 1,905,700 1,905,700
Septage waste compliance grants......................... 275,000 275,000
GROSS APPROPRIATION...................................... $ 22,201,900 $ 22,201,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 10,602,600 10,602,600
Special revenue funds:
Other state restricted revenues......................... 6,832,200 6,832,200
State general fund/general purpose...................... $ 4,767,100 $ 4,767,100
Sec. 6-113. MATERIALS MANAGEMENT DIVISION
Full-time equated classified positions................ 129.0 129.0
Environmental sustainability and
stewardship-21.0 FTE
positions.............................................. $ 14,573,700 $ 9,573,700
Hazardous waste management program-45.0 FTE
positions... 5,851,200 5,851,200
Low-level radioactive waste authority-2.0 FTE
positions.............................................. 246,200 246,200
Medical waste program-2.0 FTE positions................. 321,200 321,200
Radiological protection program-12.0 FTE positions...... 2,042,900 2,042,900
Scrap tire grants........................................ 3,500,000 3,500,000
Scrap tire regulatory program-10.0 FTE
positions........ 1,374,300 1,374,300
Solid waste management program-37.0 FTE
positions....... 6,674,200 6,674,200
GROSS APPROPRIATION...................................... $ 34,583,700 $ 29,583,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 1,727,600 1,727,600
Federal revenues:
Other federal revenues................................... 12,162,800 7,162,800
Special revenue funds:
Private revenues......................................... 647,100 647,100
Other state restricted revenues......................... 20,046,200 20,046,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 6-114. OIL, GAS, AND MINERALS DIVISION
Full-time equated classified positions................ 57.0 57.0
Oil, gas, and mineral services-57.0 FTE
positions....... $ 11,312,600 $ 11,312,600
GROSS APPROPRIATION...................................... $ 11,312,600 $ 11,312,600
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 6,901,100 6,901,100
State general fund/general purpose...................... $ 4,411,500 $ 4,411,500
Sec. 6-115. WATER INFRASTRUCTURE
Full-time equated classified positions................ 29.0 29.0
Municipal assistance-29.0 FTE positions................. $ 5,027,500 $ 5,027,500
Water state revolving funds.............................. 120,000,000 120,000,000
GROSS APPROPRIATION...................................... $ 125,027,500 $ 125,027,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 103,290,200 103,290,200
Special revenue funds:
Other state restricted revenues......................... 16,737,300 16,737,300
State general fund/general purpose...................... $ 5,000,000 $ 5,000,000
Sec. 6-116. ONE-TIME APPROPRIATIONS
Environmental contamination rapid response.............. $ 20,000,000 $ 0
GROSS APPROPRIATION...................................... $ 20,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 20,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is 346,325,700.00
and state spending from state resources to be paid to local units of government
for fiscal year 2021 is $37,200,600.00. The itemized statement below identifies
appropriations from which spending to local units of government will occur:
DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
Surface water.......................................................... $ 160,000
Technology advancements for water monitoring........................... 500,000
Emergency cleanup actions.............................................. 116,000
Refined petroleum product cleanup program.............................. 5,000,000
Renew Michigan program................................................. 25,000,000
Drinking water program grants.......................................... 600,000
Noncommunity water grants.............................................. 1,866,600
Septage waste compliance grants........................................ 138,000
Environmental sustainability and stewardship........................... 750,000
Medical waste program.................................................. 70,000
Scrap tire grants...................................................... 3,000,000
TOTAL.................................................................... $ 37,200,600
Sec.
6-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
6-203. As used in this article:
(a)
"Department" means the department of environment, Great Lakes, and
energy.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
(e)
"NPDES" means national pollution discharge elimination system.
Sec.
6-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
6-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal
revenues, and the proportion funded with other revenues.
Sec.
6-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
6-209. Not later than 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 $500,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
6-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that includes,
but is not limited to, all of the following for each department or agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
6-212. Within 14 days after the release of the executive budget recommendation,
the department shall provide to the state budget office information sufficient
to provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
6-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
6-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2021 are estimated at
$38,906,900.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $18,668,000.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$20,238,900.00.
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 cleanups, emergency actions, superfund
cleanups, the revitalization revolving loan program, the brownfield grants and
loans program, the leaking underground storage tank cleanup program, the
contaminated lake and river sediments cleanup program, the refined petroleum product
cleanup program, and the environmental protection bond projects under section
19508(7) of the natural resources and environmental protection act, 1994 PA
451, MCL 324.19508, to the state budget director, the senate and house
appropriations subcommittees on environmental quality, and the senate and house
fiscal agencies:
(a)
The name and location of the site for which an allocation is made.
(b)
The nature of the problem encountered at the site.
(c)
A brief description of how the problem will be resolved if the allocation is
made for a response activity.
(d)
The estimated date that site closure activities will be completed.
(e)
The amount of the allocation, or the anticipated financing for the site.
(f)
A summary of the sites and the total amount of funds expended at the sites by
September 30, 2021.
(g)
The number of brownfield projects that were successfully redeveloped.
(2)
The report prepared under subsection (1) shall also include all of the
following:
(a)
The status of all state-owned facilities that are on the list compiled under
section 20108c of the natural resources and environmental protection act, 1994
PA 451, MCL 324.20108c.
(b)
The report shall include the total amount of funds expended during the fiscal
year and the total amount of funds awaiting expenditure.
(c)
The total amount of bonds issued for the environmental protection bond program
pursuant to part 193 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3)
The report shall be made available by April 30 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, 2016 PA 268, and 2017 PA 107 are appropriated for
expenditure for any site listed in this part and part 1 and any site listed in
the public acts referenced in this section.
(4)
Unexpended and unencumbered amounts remaining from appropriations from the
refined petroleum fund activities contained in 2007 PA 121, 2008 PA 247, 2009
PA 118, 2010 PA 189, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA
84, 2016 PA 268, 2017 PA 107, 2018 PA 207, and 2019 PA 57 are appropriated for
expenditure for any site listed in this part and part 1 and any site listed in
the public acts referenced in this section.
(5)
Unexpended and unencumbered amounts remaining from the appropriations from the
strategic water quality initiatives fund contained in 2011 PA 50, 2011 PA 63,
2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, and
2018 PA 207 are appropriated for expenditure for any site listed in this part
and part 1 and any site listed in the public acts referenced in this section.
Sec.
6-219. Unexpended settlement revenues at the end of the fiscal year may be
carried forward into the settlement fund in the succeeding fiscal year up to a
maximum carryforward of $2,500,000.00.
Sec.
6-235. The department shall prepare an annual report to the legislature by
April 30 that details all of the following for each of the allocations from the
clean Michigan initiative bond fund as described in section 19607(1)(a) of the
natural resources and environmental protection act, 1994 PA 451, MCL 324.19607:
(a)
The progress of each project funded in each category.
(b)
The current cost to date of each project funded in each category.
(c)
The estimated remaining cost of each project funded in each category.
(d)
The remaining balance of money in the fund allocated for each category.
(e)
The total debt obligation on all clean Michigan initiative bonds and the length
of time remaining until full bond repayment is achieved.
Sec.
6-236. The department shall provide a report detailing the expenditure of
departmental funds appropriated in 2015 PA 143, 2016 PA 3, 2016 PA 268, and
2016 PA 340. The report shall include the following:
(a)
The names and locations of entities receiving funds.
(b)
The purpose for each expenditure.
(c)
The status of programs supported by this funding.
(d)
A brief description of how related problems have been or will be resolved if
expenditures are made for immediate response.
(e)
The job titles and number of departmental FTEs engaged in the Flint declaration
of emergency response effort.
REMEDIATION AND REDEVELOPMENT
DIVISION
Sec.
6-301. Revenues remaining in the laboratory services fees fund at the end of
the fiscal year shall carry forward into the succeeding fiscal year.
Sec.
6-308. The unexpended funds appropriated in part 1 for emergency cleanup
actions and the refined petroleum product cleanup program are designated as
work project appropriations, and any unencumbered or unallotted funds shall not
lapse at the end of the fiscal year and shall be available for expenditures for
projects under this section until the projects have been completed. The
following is in compliance with section 451a of the management and budget act,
1984 PA 431, MCL 18.1451a:
(a)
The purpose of the projects is to provide contaminated site cleanup.
(b)
The projects will be accomplished by utilizing contracts with service
providers.
(c)
The total estimated cost of all projects is identified in each line-item appropriation.
(d)
The tentative completion date is September 30, 2025.
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.
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.
6-410. From the funds appropriated in part 1, the department shall compile a
report on the status of the implementation plan for the western Lake Erie basin
collaborative agreement. In an effort to learn more about the presence and
timing of harmful algal blooms, the report shall contain all of the following:
(a)
An estimated cost of removal of total phosphorus per pound at the 4 major
wastewater treatment plants.
(b)
A description of the grants that have been awarded.
(c)
A description of the work that has commenced on the issue of dissolved reactive
phosphorus, the expected objectives and outcomes of that work, and a list of
the parties involved in that effort.
(d)
A description of the efforts and outcomes aimed at the total phosphorus
reduction for the River Raisin watershed.
UNDERGROUND STORAGE TANK AUTHORITY
Sec.
6-701. The unexpended funds appropriated in part 1 for the underground storage
tank cleanup program are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year
and shall be available for expenditures for projects under this section until
the projects have been completed. The following is in compliance with section
451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the project is to provide contaminated site cleanup.
(b)
The project will be accomplished by utilizing contracts with service providers.
(c)
The total estimated cost of the project is $20,000,000.00.
(d)
The tentative completion date is September 30, 2025.
RENEWING MICHIGAN'S ENVIRONMENT
Sec.
6-801. The unexpended funds appropriated in part 1 for the renew Michigan
program are designated as a work project appropriation, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the projects is to provide environmental cleanup &
redevelopment, waste management, and recycling.
(b)
The projects will be accomplished by utilizing contracts with service
providers.
(c)
The total estimated cost of all projects is $69,000,000.00.
(d)
The tentative completion date is September 30, 2025.
MATERIALS MANAGEMENT DIVISION
Sec.
6-901. In addition to the money appropriated in part 1, the department may receive
and expend money from the Volkswagen Environmental Mitigation Trust Agreement
to provide funding for activities as outlined within the State's Mitigation
Plan. The department shall prepare an annual report to the appropriations
subcommittees, the fiscal agencies, and the state budget office by February 1,
2022 of the expenditures incurred under this section during the fiscal year
ending September 30, 2021.
ONE-TIME APPROPRIATIONS
Sec.
6-1001. The unexpended funds appropriated in part 1 for environmental
contamination rapid response are designated as a work project appropriation,
and any unencumbered or unallotted funds shall not lapse at the end of the
fiscal year and shall be available for expenditures for projects under this
section until the projects have been completed. The following is in compliance
with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the project is to provide environmental cleanup.
(b)
The projects will be accomplished by utilizing contracts with service
providers.
(c)
The total estimated cost of all projects is $20,000,000.00.
(d)
The tentative completion date is September 30, 2025.
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, 2021, and are anticipated to be appropriated for the
fiscal year ending September 30, 2022, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations
in this part:
EXECUTIVE OFFICE
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 79.2 79.2
GROSS APPROPRIATION...................................... $ 7,276,500 $ 7,276,500
Total interdepartmental grants and
interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 7,276,500 $ 7,276,500
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...................... $ 7,276,500 $ 7,276,500
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 7,276,500 7,276,500
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................. 1,360,200 1,360,200
Executive office-79.2 FTE positions..................... 5,645,400 5,645,400
GROSS APPROPRIATION...................................... $ 7,276,500 $ 7,276,500
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 7,276,500 $ 7,276,500
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$7,276,500.00 and state spending from state resources to be paid to local units
of government for fiscal year 2021 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, 2021, and are anticipated to be
appropriated for the fiscal year ending September 30, 2022, 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................ 15,598.0 15,574.0
GROSS APPROPRIATION...................................... $ 27,148,828,900 $ 27,020,572,200
Total interdepartmental grants and
interdepartmental
transfers.............................................. 13,829,900 13,829,900
ADJUSTED GROSS APPROPRIATION............................ $ 27,134,999,000 $ 27,006,742,300
Total federal revenues................................... 18,688,919,000 18,635,747,400
Total local revenues..................................... 165,059,600 165,059,600
Total private revenues................................... 176,936,000 176,936,000
Total other state restricted revenues................... 3,015,718,000 2,987,488,000
State general fund/general purpose...................... $ 5,088,366,400 $ 5,041,511,300
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 5,034,911,300 5,041,511,300
One-time state general fund/general purpose.......... 53,455,100 0
Sec. 8-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 774.6 774.6
Unclassified salaries-6.0 FTE positions................. $ 1,230,000 $ 1,230,000
Administrative hearings officers........................ 9,875,500 9,875,500
Demonstration projects-7.0 FTE positions................ 7,364,000 7,364,000
Departmental administration and
management-570.6 FTE
positions.............................................. 82,057,800 82,057,800
Office of inspector general-197.0 FTE
positions......... 25,500,500 25,500,500
Property management...................................... 67,853,100 67,853,100
Terminal leave payments.................................. 7,092,100 7,092,100
Worker's compensation.................................... 7,724,100 7,724,100
GROSS APPROPRIATION...................................... $ 208,697,100 $ 208,697,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 1,882,600 1,882,600
IDG from department of technology, management
and
budget................................................. 600 600
Federal revenues:
Other federal revenues................................... 100,841,400 100,841,400
Special revenue funds:
Local revenues........................................... 86,000 86,000
Private revenues......................................... 3,843,200 3,843,200
Other state restricted revenues......................... 1,270,700 1,270,700
State general fund/general purpose...................... $ 100,772,600 $ 100,772,600
Sec. 8-103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions................ 193.7 193.7
Child support enforcement operations-187.7 FTE
positions.............................................. $ 20,179,300 $ 20,179,300
Child support incentive payments........................ 24,409,600 24,409,600
Legal support contracts.................................. 113,600,300 113,600,300
State disbursement unit-6.0 FTE positions............... 8,171,300 8,171,300
GROSS APPROPRIATION...................................... $ 166,360,500 $ 166,360,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 141,044,500 141,044,500
Special revenue funds:
State general fund/general purpose...................... $ 25,316,000 $ 25,316,000
Sec. 8-104. COMMUNITY SERVICES AND OUTREACH
Full-time equated classified positions................ 71.6 71.6
Bureau of community services and outreach-20.0
FTE
positions.............................................. $ 3,439,300 $ 3,439,300
Campus sexual assault prevention and education
initiative............................................. 1,321,000 1,321,000
Child advocacy centers-0.5 FTE position................. 1,407,000 1,407,000
Community services and outreach
administration-18.0
FTE positions.......................................... 2,403,700 2,403,700
Community services block grant.......................... 25,840,000 25,840,000
Crime victim grants administration
services-17.0 FTE
positions.............................................. 3,009,800 3,009,800
Crime victim justice assistance grants.................. 98,579,300 98,579,300
Crime victim rights services grants..................... 19,869,900 19,869,900
Domestic violence prevention and
treatment-15.6 FTE
positions.............................................. 18,288,000 18,288,000
Homeless programs........................................ 30,016,700 30,016,700
Housing and support services............................ 13,031,000 13,031,000
Human trafficking intervention services................. 200,000 200,000
Rape prevention and services-0.5 FTE position........... 5,097,300 5,097,300
Uniform statewide sexual assault evidence kit
tracking
system................................................. 800,000 800,000
Weatherization assistance................................ 15,505,000 15,505,000
GROSS APPROPRIATION...................................... $ 238,808,000 $ 238,808,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 194,446,200 194,446,200
Special revenue funds:
Other state restricted revenues......................... 24,992,900 24,992,900
State general fund/general purpose...................... $ 19,368,900 $ 19,368,900
Sec. 8-105. CHILDREN'S SERVICES AGENCY - CHILD WELFARE
Full-time equated classified positions................ 4,130.2 4,130.2
Adoption subsidies....................................... $ 194,146,900 $ 194,146,900
Adoption support services-10.0 FTE positions............ 33,774,700 33,774,700
Attorney general contract................................ 5,543,600 5,543,600
Child abuse and neglect - children's justice
act-1.0
FTE position........................................... 624,200 624,200
Child care fund.......................................... 254,280,900 254,280,900
Child care fund - indirect cost allotment............... 3,500,000 3,500,000
Child protection......................................... 1,050,300 1,050,300
Child welfare administration travel..................... 402,500 402,500
Child welfare field staff - caseload
compliance-
2,600.0 FTE positions.................................. 263,939,200 263,939,200
Child welfare field staff - noncaseload
compliance-
341.0 FTE positions.................................... 38,967,400 38,967,400
Child welfare first line supervisors-614.0 FTE
positions.............................................. 77,561,000 77,561,000
Child welfare institute-51.0 FTE positions.............. 9,432,000 9,432,000
Child welfare licensing-59.0 FTE positions.............. 7,234,500 7,234,500
Child welfare medical/psychiatric evaluations........... 10,428,500 10,428,500
Children's services administration-192.2 FTE
positions.. 23,997,300 23,997,300
Children's trust fund-12.0 FTE positions................ 4,173,500 4,173,500
Contractual services, supplies, and materials........... 9,577,600 9,577,600
Education planners-15.0 FTE positions................... 1,637,800 1,637,800
Family preservation and prevention services
administration-9.0 FTE positions....................... 1,390,500 1,390,500
Family preservation programs-15.0 FTE
positions......... 58,534,500 58,534,500
Foster care payments..................................... 278,198,400 278,198,400
Guardianship assistance program......................... 10,405,800 10,405,800
Interstate compact....................................... 179,600 179,600
Peer coaches-45.5 FTE positions......................... 6,170,700 6,170,700
Performance based funding implementation-3.0
FTE
positions.............................................. 1,365,200 1,365,200
Permanency resource managers-28.0 FTE
positions......... 3,418,500 3,418,500
Prosecuting attorney contracts.......................... 8,142,800 8,142,800
Second line supervisors and technical
staff-126.0 FTE
positions.............................................. 19,508,500 19,508,500
Settlement monitor....................................... 2,034,100 2,034,100
Strong families/safe children........................... 12,600,000 12,600,000
Title IV-E compliance and accountability
office-4.0
FTE positions.......................................... 450,100 450,100
Youth in transition-4.5 FTE positions................... 8,179,100 8,179,100
GROSS APPROPRIATION...................................... $ 1,350,849,700 $ 1,350,849,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 236,400 236,400
Federal revenues:
Other federal revenues................................... 707,999,900 707,999,900
Special revenue funds:
Local revenues........................................... 44,623,100 44,623,100
Private revenues......................................... 1,208,000 1,208,000
Other state restricted revenues......................... 2,897,300 2,897,300
State general fund/general purpose...................... $ 593,885,000 $ 593,885,000
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..................... $ 5,651,800 $ 5,651,800
Committee on juvenile justice
administration-2.5 FTE
positions.............................................. 360,800 360,800
Committee on juvenile justice grants.................... 3,000,000 3,000,000
Community support services-3.0 FTE positions............ 2,133,800 2,133,800
County juvenile officers................................. 3,904,300 3,904,300
Juvenile justice, administration and
maintenance-21.0
FTE positions.......................................... 3,898,800 3,898,800
Shawono center-47.0 FTE positions....................... 5,722,500 5,722,500
GROSS APPROPRIATION...................................... $ 24,672,000 $ 24,672,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,555,500 8,555,500
Special revenue funds:
Local revenues........................................... 6,053,700 6,053,700
State general fund/general purpose...................... $ 10,062,800 $ 10,062,800
Sec. 8-107. PUBLIC ASSISTANCE
Full-time equated classified positions................ 3.0 3.0
Emergency services local office allocations............. $ 9,007,500 $ 9,007,500
Family independence program.............................. 65,426,600 65,426,600
Food assistance program benefits........................ 1,586,153,000 1,586,153,000
Food Bank Council of Michigan........................... 2,045,000 2,045,000
Indigent burial.......................................... 4,369,100 4,369,100
Low-income home energy assistance program............. . 174,951,600 174,951,600
Michigan energy assistance program-1.0 FTE
position..... 50,000,000 50,000,000
Multicultural integration funding....................... 17,284,900 17,284,900
Refugee assistance program-2.0 FTE positions............ 3,056,600 3,056,600
State disability assistance payments.................... 6,791,400 6,791,400
State supplementation.................................... 57,935,100 57,935,100
State supplementation administration.................... 1,806,100 1,806,100
GROSS APPROPRIATION...................................... $ 1,978,826,900 $ 1,978,826,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,819,487,000 1,819,487,000
Special revenue funds:
Other state restricted revenues......................... 67,940,600 67,940,600
State general fund/general purpose...................... $ 91,399,300 $ 91,399,300
Sec. 8-108. FIELD OPERATIONS AND SUPPORT SERVICES
Full-time equated classified positions................ 5,774.5 5,774.5
Administrative support workers-221.0 FTE
positions...... $ 13,976,200 $ 13,976,200
Adult services field staff-520.0 FTE positions.......... 61,338,200 61,338,200
Contractual services, supplies, and materials........... 17,845,000 17,845,000
Donated funds positions-238.0 FTE positions............. 28,245,000 28,245,000
Elder law of Michigan MiCAFE contract................... 350,000 350,000
Electronic benefit transfer (EBT)....................... 7,989,000 7,989,000
Employment and training support services................ 4,219,100 4,219,100
Field policy and administration-119.0 FTE
positions..... 18,681,700 18,681,700
Field staff travel....................................... 8,109,900 8,109,900
Food assistance reinvestment-6.0 FTE positions.......... 10,466,000 10,466,000
Medical/psychiatric evaluations......................... 1,420,100 1,420,100
Nutrition education-2.0 FTE positions................... 33,057,500 33,057,500
Pathways to potential-231.0 FTE positions............... 25,478,100 25,478,100
Public assistance field staff-4,417.5 FTE
positions..... 474,513,900 474,513,900
Training and program support-20.0 FTE
positions......... 2,591,200 2,591,200
GROSS APPROPRIATION...................................... $ 708,280,900 $ 708,280,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 120,200 120,200
IDG from department of education........................ 7,787,700 7,787,700
Federal revenues:
Other federal revenues................................... 397,309,700 397,309,700
Special revenue funds:
Local revenues........................................... 4,235,100 4,235,100
Private revenues......................................... 9,622,200 9,622,200
State general fund/general purpose...................... $ 289,206,000 $ 289,206,000
Sec. 8-109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions................ 575.4 575.4
Disability determination operations-571.3 FTE
positions.............................................. $ 114,009,100 $ 114,009,100
Retirement disability determination-4.1 FTE
positions... 629,000 629,000
GROSS APPROPRIATION...................................... $ 114,638,100 $ 114,638,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management
and
budget................................................. 805,600 805,600
Federal revenues:
Other federal revenues................................... 109,903,900 109,903,900
Special revenue funds:
State general fund/general purpose...................... $ 3,928,600 $ 3,928,600
Sec. 8-110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND
SPECIAL PROJECTS
Full-time equated classified positions................ 124.0 124.0
Behavioral health program administration-102.0
FTE
positions.............................................. $ 54,944,600 $ 54,944,600
Court-ordered assisted outpatient treatment............. 1,000,000 1,000,000
Family support subsidy................................... 13,650,000 13,650,000
Federal and other special projects...................... 2,535,600 2,535,600
Gambling addiction-1.0 FTE position..................... 5,515,300 5,515,300
Mental health diversion council......................... 4,350,000 4,350,000
Office of recipient rights-21.0 FTE positions........... 2,873,900 2,873,900
Protection and advocacy services support................ 194,400 194,400
GROSS APPROPRIATION...................................... $ 85,063,800 $ 85,063,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 56,234,000 56,234,000
Special revenue funds:
Private revenues...................................... . 1,004,700 1,004,700
Other state restricted revenues......................... 5,515,300 5,515,300
State general fund/general purpose...................... $ 22,309,800 $ 22,309,800
Sec. 8-111. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions................ 12.0 12.0
Autism services.......................................... $ 278,006,400 $ 278,006,400
Behavioral health community supports and
services....... 11,221,500 11,221,500
Civil service charges.................................... 397,500 397,500
Community mental health non-Medicaid services........... 130,674,200 130,674,200
Community substance use disorder prevention,
education,
and treatment.......................................... 107,133,400 107,133,400
Federal mental health block grant-5.0 FTE
positions..... 20,600,300 20,600,300
Health homes............................................. 3,369,000 3,369,000
Healthy Michigan plan - behavioral health............... 419,357,300 419,357,300
Medicaid mental health services......................... 2,566,704,100 2,566,704,100
Medicaid substance use disorder services................ 76,957,600 76,957,600
Nursing home PAS/ARR-OBRA-7.0 FTE positions............. 13,945,600 13,945,600
State disability assistance program substance
use
disorder services...................................... 2,018,800 2,018,800
GROSS APPROPRIATION...................................... $ 3,630,385,700 $ 3,630,385,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,391,144,700 2,391,144,700
Special revenue funds:
Local revenues........................................... 25,475,800 25,475,800
Other state restricted revenues......................... 36,375,200 36,375,200
State general fund/general purpose...................... $ 1,177,390,000 $ 1,177,390,000
Sec. 8-112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC
MENTAL HEALTH SERVICES
Full-time equated classified positions................ 2,450.6 2,450.6
Caro Regional Mental Health Center -
psychiatric
hospital - adult-542.3 FTE positions................... $ 64,889,600 $ 64,889,600
Center for forensic psychiatry-624.1 FTE
positions...... 101,079,600 101,079,600
Developmental disabilities council and
projects-10.0
FTE positions.......................................... 3,143,100 3,143,100
Gifts and bequests for patient living and
treatment
environment............................................ 1,000,000 1,000,000
Hawthorn Center - psychiatric hospital -
children and
adolescents-292.0 FTE positions........................ 34,801,100 34,801,100
IDEA, federal special education......................... 120,000 120,000
Kalamazoo Psychiatric Hospital - adult-564.8
FTE
positions.............................................. 74,275,200 74,275,200
Purchase of medical services for residents of
hospitals
and centers............................................ 445,600 445,600
Revenue recapture........................................ 750,100 750,100
Special maintenance...................................... 924,600 924,600
Walter P. Reuther Psychiatric Hospital -
adult-417.4
FTE positions.......................................... 60,678,100 60,678,100
GROSS APPROPRIATION...................................... $ 342,107,000 $ 342,107,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 44,434,700 44,434,700
Special revenue funds:
Local revenues........................................... 23,105,300 23,105,300
Private revenues......................................... 1,000,000 1,000,000
Other state restricted revenues......................... 15,109,600 15,109,600
State general fund/general purpose...................... $ 258,457,400 $ 258,457,400
Sec. 8-113. HEALTH AND HUMAN SERVICES POLICY AND
INITIATIVES
Full-time equated classified positions................ 53.7 53.7
Certificate of need program
administration-11.8 FTE
positions.............................................. $ 2,822,100 $ 2,822,100
Policy and planning administration-32.9 FTE
positions... 25,640,000 25,640,000
Michigan essential health provider...................... 3,519,600 3,519,600
Minority health grants and contracts-3.0 FTE
positions.. 1,136,500 1,136,500
Nurse education and research program-3.0 FTE
positions.. 814,000 814,000
Primary care services-2.0 FTE positions................. 3,793,000 3,793,000
Rural health services-1.0 FTE position.................. 1,555,500 1,555,500
GROSS APPROPRIATION...................................... $ 39,280,700 $ 39,280,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 2,400 2,400
IDG from department of licensing and
regulatory
affairs................................................ 814,000 814,000
IDG from department of treasury......................... 117,700 117,700
Federal revenues:
Other federal revenues................................... 19,158,700 19,158,700
Special revenue funds:
Private revenues......................................... 865,000 865,000
Other state restricted revenues......................... 3,233,000 3,233,000
State general fund/general purpose...................... $ 15,089,900 $ 15,089,900
Sec. 8-114. EPIDEMIOLOGY, EMERGENCY MEDICAL SERVICES, AND
LABORATORY
Full-time equated classified positions................ 420.5 420.5
Bioterrorism preparedness-53.0 FTE positions............ $ 30,702,600 $ 30,702,600
Childhood lead program-4.5 FTE positions................ 2,324,900 2,324,900
Emergency medical services program-23.0 FTE
positions... 6,642,600 6,642,600
Epidemiology administration-86.1 FTE positions.......... 28,269,600 28,269,600
Healthy homes program-12.0 FTE positions................ 33,816,700 33,816,700
Laboratory services-102.0 FTE positions................. 26,655,100 26,655,100
Newborn screening follow-up and treatment
services-
10.5 FTE positions..................................... 7,868,700 7,868,700
PFAS and environmental contamination
response-48.0 FTE
positions.............................................. 21,636,200 21,636,200
Vital records and health statistics-81.4 FTE
positions.. 10,686,700 10,686,700
GROSS APPROPRIATION...................................... $ 168,603,100 $ 168,603,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of environment, great
lakes, and
energy................................................. 995,700 995,700
Federal revenues:
Other federal revenues................................... 78,148,400 78,148,400
Special revenue funds:
Private revenues......................................... 342,600 342,600
Other state restricted revenues......................... 32,644,400 32,644,400
State general fund/general purpose...................... $ 56,472,000 $ 56,472,000
Sec. 8-115. LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Full-time equated classified positions................ 137.3 137.3
AIDS prevention, testing, and care
programs-37.7 FTE
positions.............................................. $ 96,696,700 $ 96,696,700
Cancer prevention and control program-18.0 FTE
positions.............................................. 15,825,900 15,825,900
Chronic disease control and health promotion
administration-19.4 FTE positions...................... 9,169,100 9,169,100
Diabetes and kidney program-8.0 FTE positions........... 4,122,000 4,122,000
Essential local public health services.................. 51,419,300 51,419,300
Implementation of 1993 PA 133, MCL 333.17015............ 20,000 20,000
Local health services-3.3 FTE positions................. 8,710,000 8,710,000
Medicaid outreach cost reimbursement to local
health
departments............................................ 12,500,000 12,500,000
Public health administration-9.0 FTE positions.......... 2,034,100 2,034,100
Sexually transmitted disease control
program-20.0 FTE
positions.............................................. 6,182,700 6,182,700
Smoking prevention program-15.0 FTE positions........... 3,858,300 3,858,300
Violence prevention-6.9 FTE positions................... 10,334,300 10,334,300
GROSS APPROPRIATION...................................... $ 220,872,400 $ 220,872,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 82,787,900 82,787,900
Special revenue funds:
Local revenues........................................... 5,150,000 5,150,000
Private revenues......................................... 64,011,100 64,011,100
Other state restricted revenues......................... 10,068,200 10,068,200
State general fund/general purpose...................... $ 58,855,200 $ 58,855,200
Sec. 8-116. FAMILY HEALTH SERVICES
Full-time equated classified positions................ 133.6 133.6
Dental programs-3.8 FTE positions....................... $ 4,264,900 $ 4,264,900
Drinking water declaration of emergency................. 4,621,000 4,621,000
Family planning local agreements........................ 8,810,700 8,810,700
Family, maternal, and child health
administration-55.0
FTE positions.......................................... 18,243,100 18,243,100
Immunization program-15.8 FTE positions................. 18,993,100 18,993,100
Local MCH services....................................... 7,018,100 7,018,100
Pregnancy prevention program............................ 1,464,600 1,464,600
Prenatal care outreach and service delivery
support-
14.0 FTE positions..................................... 26,599,300 26,599,300
Special projects......................................... 6,289,100 6,289,100
Sudden and unexpected infant death and
suffocation
prevention program..................................... 321,300 321,300
Women, infants, and children program
administration
and special projects-45.0 FTE positions............... 18,400,500 18,400,500
Women, infants, and children program local
agreements
and food costs......................................... 231,243,200 231,243,200
GROSS APPROPRIATION...................................... $ 346,268,900 $ 346,268,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 244,114,300 244,114,300
Special revenue funds:
Local revenues........................................... 8,517,700 8,517,700
Private revenues......................................... 62,202,400 62,202,400
Other state restricted revenues......................... 4,046,900 4,046,900
State general fund/general purpose...................... $ 27,387,600 $ 27,387,600
Sec. 8-117. CHILDREN'S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions................ 46.8 46.8
Bequests for care and services-2.8 FTE
positions........ $ 1,837,100 $ 1,837,100
Children's special health care services
administration-
44.0 FTE positions..................................... 6,081,900 6,081,900
Medical care and treatment............................... 241,691,000 241,691,000
Nonemergency medical transportation..................... 801,200 801,200
Outreach and advocacy.................................... 5,510,000 5,510,000
GROSS APPROPRIATION...................................... $ 255,921,200 $ 255,921,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 142,961,300 142,961,300
Special revenue funds:
Private revenues......................................... 1,015,500 1,015,500
Other state restricted revenues......................... 4,183,400 4,183,400
State general fund/general purpose...................... $ 107,761,000 $ 107,761,000
Sec. 8-118. AGING AND ADULT SERVICES AGENCY
Full-time equated classified positions................ 47.0 47.0
Aging and adult services administration-47.0
FTE
positions.............................................. $ 9,339,900 $ 9,339,900
Community services....................................... 46,766,100 46,766,100
Employment assistance.................................... 3,500,000 3,500,000
Nutrition services....................................... 43,054,200 43,054,200
Respite care program..................................... 6,468,700 6,468,700
Senior volunteer service programs....................... 4,765,300 4,765,300
GROSS APPROPRIATION...................................... $ 113,894,200 $ 113,894,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 60,843,900 60,843,900
Special revenue funds:
Private revenues......................................... 1,020,000 1,020,000
Michigan merit award trust fund......................... 4,068,700 4,068,700
Other state restricted revenues......................... 2,000,000 2,000,000
State general fund/general purpose...................... $ 45,961,600 $ 45,961,600
Sec. 8-119. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions................ 492.0 492.0
Electronic health record incentive program.............. $ 37,477,500 $ 37,477,500
Healthy Michigan plan administration-108.0 FTE
positions.............................................. 55,470,000 55,470,000
Medical services administration-384.0 FTE
positions..... 94,739,100 94,739,100
GROSS APPROPRIATION...................................... $ 187,686,600 $ 187,686,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 127,898,900 127,898,900
Special revenue funds:
Local revenues........................................... 37,700 37,700
Private revenues......................................... 851,300 851,300
Other state restricted revenues......................... 336,300 336,300
State general fund/general purpose...................... $ 58,562,400 $ 58,562,400
Sec. 8-120. MEDICAL SERVICES
Adult home help services................................. $ 374,680,000 $ 374,680,000
Ambulance services....................................... 10,320,700 10,320,700
Auxiliary medical services............................... 7,150,000 7,150,000
Dental clinic program.................................... 1,000,000 1,000,000
Dental services.......................................... 297,760,000 297,760,000
Federal Medicare pharmaceutical program................. 296,505,400 296,505,400
Health plan services..................................... 5,743,687,300 5,743,687,300
Healthy Michigan plan.................................... 4,045,107,700 4,045,107,700
Home health services..................................... 5,172,000 5,172,000
Hospice services......................................... 149,980,000 149,980,000
Hospital disproportionate share payments................ 45,000,000 45,000,000
Hospital services and therapy........................... 845,407,000 845,407,000
Integrated care organizations........................... 266,871,300 266,871,300
Long-term care services.................................. 1,999,827,900 1,999,827,900
Maternal and child health................................ 32,176,500 32,176,500
Medicaid home- and community-based services
waiver...... 357,077,000 357,077,000
Medicare premium payments................................ 641,698,500 641,698,500
Personal care services................................... 8,980,100 8,980,100
Pharmaceutical services.................................. 311,850,000 311,850,000
Physician services....................................... 236,212,100 236,212,100
Program of all-inclusive care for the elderly........... 142,342,000 142,342,000
School-based services.................................... 151,140,000 151,140,000
Special Medicaid reimbursement.......................... 342,739,200 342,739,200
Transportation........................................... 14,935,100 14,935,100
GROSS APPROPRIATION...................................... $ 16,327,619,800 $ 16,327,619,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 11,539,673,200 11,539,673,200
Special revenue funds:
Local revenues........................................... 47,775,200 47,775,200
Private revenues......................................... 4,700,000 4,700,000
Michigan merit award trust fund......................... 29,700,000 28,200,000
Other state restricted revenues......................... 2,747,705,700 2,742,605,700
State general fund/general purpose...................... $ 1,958,065,700 $ 1,964,665,700
Sec. 8-121. INFORMATION TECHNOLOGY
Full-time equated classified positions................ 13.0 13.0
Child support automation................................. $ 43,355,300 $ 43,355,300
Information technology services and
projects-10.0 FTE
positions.............................................. 351,444,300 351,444,300
Michigan Medicaid information system-3.0 FTE
positions.. 116,936,000 116,936,000
GROSS APPROPRIATION...................................... $ 511,735,600 $ 511,735,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 1,067,000 1,067,000
Federal revenues:
Other federal revenues................................... 368,759,300 368,759,300
Special revenue funds:
Private revenues......................................... 25,250,000 25,250,000
Other state restricted revenues......................... 1,999,800 1,999,800
State general fund/general purpose...................... $ 114,659,500 $ 114,659,500
Sec. 8-122. ONE-TIME APPROPRIATIONS
Full-time equated classified positions................ 24.0 0.0
Autism navigator......................................... $ 1,025,000 $ 0
Comprehensive child welfare information
system-24.0
FTE positions.......................................... 15,961,700 0
First responder and public safety staff mental
health... 2,500,000 0
Lead poisoning prevention fund.......................... 10,000,000 0
MiDocs program........................................... 86,520,000 0
Opioid crisis response services......................... 12,250,000 0
GROSS APPROPRIATION...................................... $ 128,256,700 $ 0
Appropriated from:
Federal revenues:
Other federal revenues................................... 53,171,600 0
Special revenue funds:
Other state restricted revenues......................... 21,630,000 0
State general fund/general purpose...................... $ 53,455,100 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$8,104,084,400.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $1,671,291,600.00. The itemized statement
below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Child support incentive payments....................................... $ 9,465,000
Legal support contracts................................................ 53,000
Community services and outreach
administration......................... 1,000
Crime victim rights services grants.................................... 9,792,000
Domestic violence prevention and treatment............................. 23,000
Homeless programs...................................................... 4,000
Housing and support services........................................... 33,000
Child care fund........................................................ 203,414,000
Child care fund - indirect cost allotment.............................. 3,500,000
Child welfare licensing................................................ 179,000
Child welfare medical/psychiatric evaluations.......................... 19,000
Children's trust fund.................................................. 70,000
Contractual services, supplies, and materials.......................... 3,000
Family preservation programs........................................... 71,000
Foster care payments................................................... 1,711,000
Strong families/safe children.......................................... 7,000
Youth in transition.................................................... 4,000
Bay pines center....................................................... 32,000
Community support services............................................. 362,000
Shawono center......................................................... 11,000
Emergency services local office allocations............................ 598,000
Family independence program............................................ 1,000
Indigent burial........................................................ 4,000
Multicultural integration funding...................................... 1,425,000
State disability assistance payments................................... 243,000
Contractual services, supplies, and materials.......................... 41,000
Employment and training support services............................... 6,000
Disability determination operations.................................... 3,000
Behavioral health program administration............................... 3,849,000
Gambling addiction..................................................... 1,494,000
Autism services........................................................ 99,057,600
Community mental health non-Medicaid services.......................... 130,578,200
Community substance use disorder prevention,
education, and treatment. 16,171,000
Health homes............................................................ 30,000
Healthy Michigan plan - behavioral health.............................. 41,630,800
Medicaid mental health services........................................ 887,758,700
Medicaid substance use disorder services............................... 29,447,200
Nursing home PAS/ARR-OBRA.............................................. 3,181,000
State disability assistance program substance
use disorder services... 2,018,800
Caro Regional Mental Health Center -
psychiatric hospital - adult..... 214,000
Center for forensic psychiatry......................................... 582,000
Hawthorn Center - psychiatric hospital -
children and adolescents..... 68,000
Kalamazoo Psychiatric Hospital - adult................................. 33,000
Walter P. Reuther Psychiatric Hospital -
adult......................... 46,000
Primary care services.................................................. 89,000
Emergency medical services program..................................... 5,000
Epidemiology administration............................................ 217,000
Healthy homes program.................................................. 250,000
PFAS and environmental contamination response.......................... 868,000
AIDS prevention, testing, and care programs............................ 2,481,000
Cancer prevention and control program.................................. 53,000
Chronic disease control and health promotion
administration........... 3,000
Essential local public health services................................. 46,269,300
Local health services.................................................. 1,182,000
Public health administration........................................... 2,000
Sexually transmitted disease control program........................... 459,000
Family planning local agreements....................................... 196,000
Immunization program................................................... 1,087,000
Prenatal care outreach and service delivery
support................... 4,817,000
Children's special health care services
administration................ 5,000
Medical care and treatment............................................. 1,093,000
Outreach and advocacy.................................................. 2,755,000
Aging and adult services administration................................ 1,249,000
Community services..................................................... 23,785,700
Nutrition services..................................................... 12,597,200
Respite care program................................................... 6,468,700
Senior volunteer service programs...................................... 829,000
Adult home help services............................................... 223,000
Ambulance services..................................................... 540,000
Auxiliary medical services............................................. 1,000
Dental services........................................................ 963,000
Healthy Michigan plan.................................................. 628,000
Home health services................................................... 10,000
Hospice services....................................................... 16,000
Hospital disproportionate share payments............................... 40,000
Hospital services and therapy.......................................... 2,428,000
Long-term care services................................................ 96,266,000
Medicaid home- and community-based services
waiver.................... 12,186,000
Personal care services................................................. 31,000
Pharmaceutical services................................................ 23,000
Physician services..................................................... 2,629,000
Special Medicaid reimbursement......................................... 1,121,400
Transportation......................................................... 191,000
TOTAL.................................................................... $ 1,671,291,600
Sec.
8-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
8-203. As used in this article:
(a)
"AIDS" means acquired immunodeficiency syndrome.
(b)
"CMHSP" means a community mental health services program as that term
is defined in section 100a of the mental health code, 1974 PA 258, MCL
330.1100a.
(c)
"CMS" means the Centers for Medicare and Medicaid Services.
(d)
"Current fiscal year" means the fiscal year ending September 30,2021.
(e)
"Department" means the department of health and human services.
(f)
"Director" means the director of the department.
(g)
"DSH" means disproportionate share hospital.
(h)
"EPSDT" means early and periodic screening, diagnosis, and treatment.
(i)
"Federal poverty level" means the poverty guidelines published
annually in the Federal Register by the United States Department of Health and
Human Services under its authority to revise the poverty line under 42 USC
9902.
(j)
"FTE" means full-time equated.
(k)
"GME" means graduate medical education.
(l)
"Health plan" means, at a minimum, an organization that meets the
criteria for delivering the comprehensive package of services under the
department's comprehensive health plan.
(m)
"HEDIS" means healthcare effectiveness data and information set.
(n)
"HMO" means health maintenance organization.
(o)
"IDEA" means the individuals with disabilities education act, 20 USC
1400 to 1482.
(p)
"IDG" means interdepartmental grant.
(q)
"MCH" means maternal and child health.
(r)
"Medicaid" means subchapter XIX of the social security act, 42 USC
1396 to 1396w-5.
(s)
"Medicare" means subchapter XVIII of the social security act, 42 USC
1395 to 1395lll.
(t)
"MiCAFE" means Michigan's coordinated access to food for the elderly.
(u)
"MIChild" means the program described in section 1670 of this part.
(v)
"MiSACWIS" means Michigan statewide automated child welfare information
system.
(w)
"PAS/ARR-OBRA" means the preadmission screening and annual resident
review required under the omnibus budget reconciliation act of 1987, section
1919(e)(7) of the social security act, 42 USC 1396r.
(x)
"PFAS" means perfluoroalkyl and polyfluoroalkyl substances.
(y)
"PIHP" means an entity designated by the department as a regional
entity or a specialty prepaid inpatient health plan for Medicaid mental health
services, services to individuals with developmental disabilities, and substance
use disorder services. Regional entities are described in section 204b of the
mental health code, 1974 PA 258, MCL 330.1204b. Specialty prepaid inpatient
health plans are described in section 232b of the mental health code, 1974 PA
258, MCL 330.1232b.
(z)
"Previous fiscal year" means the fiscal year ending September
30,2020.
(aa)
"Quarterly reports" means 4 reports shall be submitted to the
required recipients by the following dates: February 1, April 1, July 1, and
September 30 of the current fiscal year.
(bb)
"Semiannual basis" means March 1 and September 30 of the current
fiscal year.
(cc)
"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.
(dd)
"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.
(ee)
"Title IV-D" means part D of title IV of the social security act, 42
USC 651 to 669b.
(ff)
"Title IV-E" means part E of title IV of the social security act, 42
USC 670 to 679c.
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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
8-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
8-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
8-209. Not later than 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. These funds shall not be made
available to increase TANF authorization.
(2)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $90,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $40,000,000.00 for local contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $60,000,000.00 for private contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
Sec.
8-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
8-212. Within 14 days after the release of the executive budget recommendation,
the department shall provide to the state budget office information sufficient
to provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
8-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
8-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the current fiscal year are estimated at $359,304,200.00. From this
amount, total agency appropriations for pension-related legacy costs are
estimated at $172,398,600.00. Total agency appropriations for retiree health
care legacy costs are estimated at $186,905,600.00.
Sec.
8-216. (1) In addition to funds appropriated in part 1 for all programs and
services, there is appropriated for write-offs of accounts receivable,
deferrals, and for prior year obligations in excess of applicable prior year
appropriations, an amount equal to total write-offs and prior year obligations,
but not to exceed amounts available in prior year revenues.
(2)
The department's ability to satisfy appropriation fund sources in part 1 shall
not be limited to collections and accruals pertaining to services provided in
the current fiscal year, but shall also include reimbursements, refunds,
adjustments, and settlements from prior years.
Sec.
8-217. (1) By February 1 of the current fiscal year, the department shall
report to the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, and the state budget director on
the detailed name and amounts of estimated federal, restricted, private, and
local sources of revenue that support the appropriations in each of the line
items in part 1.
(2)
Upon the release of the next fiscal year executive budget recommendation, the
department shall report to the same parties in subsection (1) on the amounts
and detailed sources of federal, restricted, private, and local revenue
proposed to support the total funds appropriated in each of the line items in
part 1 of the next fiscal year executive budget proposal.
Sec.
8-219. (1) The department may contract with the Michigan Public Health
Institute for the design and implementation of projects and for other public
health-related activities prescribed in section 2611 of the public health code,
1978 PA 368, MCL 333.2611. The department may develop a master agreement with
the Michigan Public Health Institute to carry out these purposes for up to a
3-year period. The department shall report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget director on or before January 1 of the
current fiscal year all of the following:
(a)
A detailed description of each funded project.
(b)
The amount allocated for each project, the appropriation line item from which
the allocation is funded, and the source of financing for each project.
(c)
The expected project duration.
(d)
A detailed spending plan for each project, including a list of all subgrantees
and the amount allocated to each subgrantee.
(2)
On or before December 30 of the current fiscal year, the department shall
provide to the same parties listed in subsection (1) a copy of all reports,
studies, and publications produced by the Michigan Public Health Institute, its
subcontractors, or the department with the funds appropriated in the
department's budget in the previous fiscal year and allocated to the Michigan
Public Health Institute.
Sec.
8-221. According to section 1b of the social welfare act, 1939 PA 280, MCL
400.1b, the department shall treat part 1 and this part as a time-limited
addendum to the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
Sec.
8-223. The department may establish and collect fees for publications, videos
and related materials, conferences, and workshops. Collected fees are
appropriated when received and shall be used to offset expenditures to pay for
printing and mailing costs of the publications, videos and related materials,
and costs of the workshops and conferences. The department shall not collect
fees under this section that exceed the cost of the expenditures. When
collected fees are appropriated under this section in an amount that exceeds
the current fiscal year appropriation, within 30 days the department shall
notify the chairs of the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies and policy offices, and
the state budget director of that fact.
Sec.
8-224. The department may retain all of the state's share of food assistance
overissuance collections as an offset to general fund/general purpose costs.
Retained collections shall be applied against federal funds deductions in all
appropriation units where department costs related to the investigation and
recoupment of food assistance overissuances are incurred. Retained collections
in excess of such costs shall be applied against the federal funds deducted in
the departmental administration and support appropriation unit.
Sec.
8-226. If the revenue collected by the department from fees and collections
exceeds the amount appropriated in part 1, the revenue may be carried forward
with the approval of the state budget director into the subsequent fiscal year.
The revenue carried forward under this section shall be used as the first
source of funds in the subsequent fiscal year.
Sec.
8-227. The state departments, agencies, and commissions receiving tobacco tax
funds and Healthy Michigan fund revenue from part 1 shall report by April 1 of
the current fiscal year to the senate and house appropriations committees, the
senate and house fiscal agencies, and the state budget director on the
following:
(a)
Detailed spending plan by appropriation line item including description of
programs and a summary of organizations receiving these funds.
(b)
Description of allocations or bid processes including need or demand indicators
used to determine allocations.
(c)
Eligibility criteria for program participation and maximum benefit levels where
applicable.
(d)
Outcome measures used to evaluate programs, including measures of the effectiveness
of these programs in improving the health of Michigan residents.
Sec.
8-228. (1) If the department is authorized under state or federal law to
collect an overpayment owed to the department, the department may assess a
penalty of 1% per month beginning 60 days after notification. If caused by
department error, a penalty may not be assessed until 6 months after the
initial notification date of the overpayment amount. The department shall not
collect penalty interest in an amount that exceeds the amount of the original
overpayment. The state share of any funds collected under this section shall be
deposited in the state general fund.
(2)
By September 30 of the current fiscal year, the department shall report to the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget office on penalty
amounts assessed and paid by account during the current fiscal year, the reason
for the penalty, and the current status of the account.
Sec.
8-230. By December 31 of the current fiscal year, the department shall report
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies and policy offices, and the state budget
office on the status of the implementation of any noninflationary, noncaseload,
programmatic funding increases from the previous fiscal year. The report shall
confirm the implementation of already implemented funding increases and provide
explanations for any planned implementation of funding increases that have not
yet occurred. For any planned implementation of funding increases that have not
yet occurred, the department shall provide an expected implementation date and
the reasons for delayed implementation.
Sec.
8-231. From the funds appropriated in part 1 for travel reimbursements to
employees, the department shall allocate up to $100,000.00 toward reimbursing
local county board members and county department directors for the
out-of-pocket travel costs of the local county department board members and
county department directors to attend 1 meeting per year of the Michigan County
Social Services Association.
Sec.
8-251. On a monthly basis, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the state budget office on any line-item appropriation for
which the department estimates total annual expenditures would exceed the funds
appropriated for that line-item appropriation by 5% or more. The department
shall provide a detailed explanation for any relevant line-item appropriation
exceedance and shall identify the corrective actions undertaken to mitigate
line-item appropriation expenditures from exceeding the funds appropriated for that
line-item appropriation by a greater amount. This section does not apply for
line-item appropriations that are part of the May revenue estimating conference
caseload and expenditure estimates.
Sec.
8-252. The appropriations in part 1 for Healthy Michigan plan - behavioral
health, Healthy Michigan plan administration, and Healthy Michigan plan are
contingent on the provisions of the social welfare act, 1939 PA 280, MCL 400.1
to 400.119b, that were contained in 2013 PA 107 not being amended, repealed, or
otherwise altered to eliminate the Healthy Michigan plan. If that occurs, then,
upon the effective date of the amendatory act that amends, repeals, or
otherwise alters those provisions, the remaining funds in the Healthy Michigan
plan - behavioral health, Healthy Michigan plan administration, and Healthy
Michigan plan line items shall only be used to pay previously incurred costs
and any remaining appropriations shall not be allotted to support those line
items.
Sec.
8-256. The department may, in consultation with the Michigan department of
education, the Michigan domestic and sexual violence prevention and treatment
board, and the Michigan Coalition to End Domestic and Sexual Violence, redraft
the curriculum for the "Growing Up & Staying Healthy" and
"Healthy & Responsible Relationships" modules to include
age-appropriate information about the importance of consent, setting and
respecting personal boundaries, and the prevention of child sexual abuse as
outlined in MCL 380.1505 and consistent with the recommendations and guidelines
set by the task force on the prevention of sexual abuse of children created
under section 12b of the child protection law, 1975 PA 238, MCL 722.632b, and
the prevention of sexual assault and dating violence.
Sec.
8-263. (1) Except as otherwise provided in this subsection, before submission
of a waiver, a state plan amendment, or a similar proposal to CMS or other
federal agency, the department shall provide written notification of the
planned submission to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies and policy offices, and
the state budget office. This subsection does not apply to the submission of a
waiver, a state plan amendment, or similar proposal that does not propose a
material change or is outside of the ordinary course of waiver, state plan
amendment, or similar proposed submissions.
(2)
The department shall provide written reports on a semiannual basis to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget office summarizing the
status of any new or ongoing discussions with CMS or the United States
Department of Health and Human Services or other federal agency regarding potential
or future waiver applications as well as the status of submitted waivers that
have not yet received federal approval. If, at the time a semiannual report is
due, there are no reportable items, then no report is required to be provided.
Sec.
8-270. The department shall advise the legislature of the receipt of a
notification from the attorney general's office of a legal action in which
expenses had been recovered according to section 106(6) of the social welfare
act, 1939 PA 280, MCL 400.106. By February 1 of the current fiscal year, the
department shall submit a written report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the state budget office that includes, at a minimum, all of the following:
(a)
The total amount recovered from the legal action.
(b)
The program or service for which the money was originally expended.
(c)
Details on the disposition of the funds recovered such as the appropriation or
revenue account in which the money was deposited.
(d)
A description of the facts involved in the legal action.
Sec.
8-275. (1) On a quarterly basis, the department, with the approval of the state
budget director, is authorized to realign sources between other federal, TANF,
and capped federal financing authorizations in order to maximize federal
revenues. This realignment of financing shall not produce a gross increase or
decrease in the department's total individual line item authorizations, nor
will it produce a net increase or decrease in total federal revenues, or a net
increase in TANF authorization.
(2)
Within 30 days after the date on which year-end book closing is completed, the
department shall submit to the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, and the house and
senate policy offices a report on the realignment of federal fund sources that
took place as part of the year-end closing process for the previous fiscal
year.
Sec.
8-280. By March 1 of the current fiscal year, the department shall provide a
report to the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, the house and senate policy
offices, and the state budget director that provides all of the following for
each line item in part 1 containing personnel-related costs, including the
specific individual amounts for salaries and wages, payroll taxes, and fringe
benefits:
(a)
FTE authorization.
(b)
Spending authorization for personnel-related costs, by fund source, under the
spending plan.
(c)
Actual year-to-date expenditures for personnel-related costs, by fund source,
through the end of the prior month.
(d)
The projected year-end balance or shortfall for personnel-related costs, by fund
source, based on actual monthly spending levels through the end of the prior
month.
(e)
A specific plan for addressing any projected shortfall for personnel-related
costs at either the gross or fund source level.
Sec.
8-288. (1) Indirect costs shall be limited to no more than 10% of a grant award
funded solely from state restricted funds or general fund and designated in
this part or part 1 for a specific entity for the purposes of funding services
to individuals.
(2)
The department may allow a grant award to exceed the limitation on indirect
costs if it can be demonstrated that an exception should be made to the
provision in subsection (1).
(3)
By September 30 of the current fiscal year, the department shall report to the
house and senate appropriations subcommittees on the department budget, house
and senate fiscal agencies, and state budget office on the rationale for all
exceptions made to the provision in subsection (1) and the number of grant
agreements terminated due to violations of subsection (1).
Sec.
8-289. By March 1 of the current fiscal year, the department shall provide to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the senate and house policy offices an
annual report on the supervisor-to-staff ratio by department divisions and
subdivisions.
Sec.
8-290. Any public advertisement for public assistance shall also inform the
public of the welfare fraud hotline operated by the department.
Sec.
8-295. (1) From the funds appropriated in part 1 to agencies providing physical
and behavioral health services to multicultural populations, the department
shall award grants in accordance with the requirements of subsection (2). The
state is not liable for any spending above the contract amount. Funds shall not
be released until reporting requirements under section 295 of 2019 PA 67 are
satisfied.
(2)
The department shall require each contractor described in subsection (1) that
receives greater than $1,000,000.00 in state grant funding to comply with
performance-related metrics to maintain their eligibility for funding. The
organizational metrics shall include, but not be limited to, all of the
following:
(a)
Each contractor or subcontractor shall have accreditations that attest to their
competency and effectiveness as behavioral health and social service agencies.
(b)
Each contractor or subcontractor shall have a mission that is consistent with
the purpose of the multicultural agency.
(c)
Each contractor shall validate that any subcontractors utilized within these
appropriations share the same mission as the lead agency receiving funding.
(d)
Each contractor or subcontractor shall demonstrate cost-effectiveness.
(e)
Each contractor or subcontractor shall ensure their ability to leverage private
dollars to strengthen and maximize service provision.
(f)
Each contractor or subcontractor shall provide timely and accurate reports
regarding the number of clients served, units of service provision, and ability
to meet their stated goals.
(3)
The department shall require an annual report from the contractors described in
subsection (2). The annual report, due 60 days following the end of the
contract period, shall include specific information on services and programs
provided, the client base to which the services and programs were provided,
information on any wraparound services provided, and the expenditures for those
services. The department shall provide the annual reports to the senate and
house appropriations subcommittees on health and human services, the senate and
house fiscal agencies, and the state budget office.
Sec.
8-296. Notwithstanding any other law or rule to the contrary, from the funds
appropriated in part 1, the department to the extent permissible under MCL
691.1408 is responsible for the necessary and reasonable attorney fees and
costs incurred by private and independent legal counsel chosen by current and
former classified and unclassified department employees in the defense of the
employees in any state or federal lawsuit or investigation related to the water
system in a city or community in which a declaration of emergency was issued
because of drinking water contamination.
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, and whose mission is to coordinate and support a statewide
2-1-1 system. Michigan 2-1-1 shall use the funds only to fulfill the Michigan
2-1-1 business plan adopted by Michigan 2-1-1 in January 2005.
(3)
Michigan 2-1-1 shall refer to the department any calls received reporting
fraud, waste, or abuse of state-administered public assistance.
(4)
Michigan 2-1-1 shall report annually to the department and the house and senate
standing committees with primary jurisdiction over matters relating to human
services and telecommunications on 2-1-1 system performance, the senate and
house appropriations subcommittees on the department budget, and the senate and
house fiscal agencies, including, but not limited to, call volume by health and
human service needs and unmet needs identified through caller data and number
and percentage of callers referred to public or private provider types.
Sec.
8-316. From the funds appropriated in part 1 for terminal leave payments, the
department shall not spend in excess of its annual gross appropriation unless
it identifies and requests a legislative transfer from another budgetary line
item supporting administrative costs, as provided by section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
CHILD SUPPORT ENFORCEMENT
Sec.
8-401. (1) The appropriations in part 1 assume a total federal child support
incentive payment of $26,000,000.00.
(2)
From the federal money received for child support incentive payments,
$11,500,000.00 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 $26,000,000.00, then 100% of the excess shall be retained by
the state and is appropriated and designated for a child support innovation
program. The child support innovation program funds shall be awarded on a grant
basis to counties or used by the state for performance-based projects designed
to increase the state's share of federal child support incentive payments.
(5)
The unexpended funds appropriated in part 1 for child support incentive
payments are designated as a work project appropriation and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with 451A(1) of the
Management and Budget Act, 1984 PA 431, MCL 18.1451A:
(a)
The purpose of the project is for performance-based projects awarded to
counties or used by the states designated to increase the state's share of
federal child support incentive payments.
(b)
The project will be accomplished by using state employees or contracts with
service providers or both.
(c)
The total estimated cost of the project is $900,000.00.
(d)
The tentative completion date is September 30, 2025.
(6)
If the child support incentive payment to the state from the federal government
is less than $26,000,000.00, then the state and county share shall each be
reduced by 50% of the shortfall.
Sec.
8-409. (1) If statewide retained child support collections exceed
$38,300,000.00, 75% of the amount in excess of $38,300,000.00 is appropriated
to legal support contracts. This excess appropriation may be distributed to
eligible counties to supplement and not supplant county title IV-D funding.
(2)
Each county whose retained child support collections in the current fiscal year
exceed its fiscal year 2004-2005 retained child support collections, excluding
tax offset and financial institution data match collections in both the current
fiscal year and fiscal year 2004-2005, shall receive its proportional share of
the 75% excess.
Sec.
8-410. (1) If title IV-D-related child support collections are escheated, the
state budget director is authorized to adjust the sources of financing for the
funds appropriated in part 1 for legal support contracts to reduce federal
authorization by 66% of the escheated amount and increase general fund/general
purpose authorization by the same amount. This budget adjustment is required to
offset the loss of federal revenue due to the escheated amount being counted as
title IV-D program income in accordance with federal regulations at 45 CFR
304.50.
(2)
The department shall notify the chairs of the house and senate appropriations
subcommittees on the department budget and the house and senate fiscal agencies
within 15 days of the authorization adjustment in subsection (1).
COMMUNITY SERVICES AND OUTREACH
Sec.
8-452. From the funds appropriated in part 1 for crime victim justice
assistance grants, the department shall continue to support forensic nurse
examiner programs to facilitate training for improved evidence collection for
the prosecution of sexual assault. The funds shall be used for program
coordination and training.
Sec.
8-453. (1) From the funds appropriated in part 1 for homeless programs, the
department shall maintain emergency shelter program per diem rates at $18.00
per bed night to support efforts of shelter providers to move homeless
individuals and households into permanent housing as quickly as possible.
Expected outcomes are increased shelter discharges to stable housing
destinations, decreased recidivism rates for shelter clients, and a reduction
in the average length of stay in emergency shelters.
(2)
By March 1 of the current fiscal year, the department shall submit to the house
and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office a report on the total amount expended for the program in the
previous year, as well as the total number of shelter nights provided and the
average length of stay in an emergency shelter.
Sec.
8-454. The department shall allocate the full amount of funds appropriated in
part 1 for homeless programs to provide services for homeless individuals and
families, including, but not limited to, third-party contracts for emergency
shelter services.
Sec.
8-455. As a condition of receipt of federal TANF funds, homeless shelters and
human services agencies shall collaborate with the department to obtain
necessary TANF eligibility information on families as soon as possible after
admitting a family to the homeless shelter. From the funds appropriated in part
1 for homeless programs, the department is authorized to make allocations of
TANF funds only to the homeless shelters and human services agencies that
report necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. Homeless shelters or human services
agencies that do not report necessary data to the department for the purpose of
meeting TANF eligibility reporting requirements will not receive reimbursements
that exceed the per diem amount they received in fiscal year 2000. The use of
TANF funds under this section is not an ongoing commitment of funding.
Sec.
8-456. From the funds appropriated in part 1 for homeless programs, the
department shall allocate $90,000.00 to reimburse public service agencies that
provide documentation of paying birth certificate fees on behalf of category 1
homeless clients at county clerk's offices. Public service agencies shall be
reimbursed for the cost of the birth certificate fees quarterly until this
allocation is fully spent.
Sec.
8-457. (1) From the funds appropriated in part 1 for the uniform statewide
sexual assault evidence kit tracking system, in accordance with the final
report of the Michigan sexual assault evidence kit tracking and reporting
commission, $800,000.00 is allocated from the sexual assault evidence tracking
fund to contract for the administration of a uniform statewide sexual assault
evidence kit tracking system. The system shall include the following:
(a)
A uniform statewide system to track the submission and status of sexual assault
evidence kits.
(b)
A uniform statewide system to audit untested kits that were collected on or
before March 1, 2015 and were released by victims to law enforcement.
(c)
Secure electronic access for victims.
(d)
The ability to accommodate concurrent data entry with kit collection through
various mechanisms, including web entry through computer or smartphone, and
through scanning devices.
(2)
By March 30 of the current fiscal year, the department shall submit to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office a status report on the administration of the uniform
statewide sexual assault evidence kit tracking system, including operational
status and any known issues regarding implementation.
(3)
The sexual assault evidence tracking fund established in section 1451 of 2017
PA 158 shall continue to be maintained in the department of treasury. Money in
the sexual assault evidence tracking fund at the close of a fiscal year shall
remain in the sexual assault evidence tracking fund and shall not revert to the
general fund and shall be appropriated as provided by law for the development
and implementation of a uniform statewide sexual assault evidence kit tracking
system as described in subsection (1).
(4)
By September 30 of the current fiscal year, the department shall submit to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office a report on the findings of the annual audit of the proper
submission of sexual assault evidence kits as required by the sexual assault
kit evidence submission act, 2014 PA 227, MCL 752.931 to 752.935. The report must
include, but is not limited to, a detailed county-by-county compilation of the
number of sexual assault evidence kits that were properly submitted and the
number that met or did not meet deadlines established in the sexual assault kit
evidence submission act, 2014 PA 227, MCL 752.931 to 752.935, the number of
sexual assault evidence kits retrieved by law enforcement after analysis, and
the physical location of all released sexual assault evidence kits collected by
health care providers in that year, as of the date of the annual draft report
for each reporting agency.
Sec.
8-458. From the funds appropriated in part 1 for crime victim rights services
grants, the department shall allocate $2,000,000.00 of crime victim's rights
fund to maintain increased grant funding to support the further use of crime
victim advocates in the criminal justice system. The purpose of the additional
funding is to increase available grant funding for crime victim advocates to
ensure that the advocates have the resources, training, and funding needed to
respond to the physical and emotional needs of crime victims and to provide
victims with the necessary services, information, and assistance in order to
help them understand and participate in the criminal justice system and experience
a measure of safety and security throughout the legal process.
Sec.
8-460. (1) Funding appropriated in part 1 for campus sexual assault prevention
and education initiative shall be used to provide and administer grants to
public or nonpublic community colleges, colleges, universities, and high
schools with a physical presence in this state to address campus sexual assault
issues in order to improve the safety and security of students, faculty, staff,
and visitors in campus environments in this state.
(2)
Grant funds awarded shall support sexual assault prevention programs, including
education, awareness, prevention, reporting, bystander intervention programs,
peer advocacy groups, and student organizations dedicated to campus sexual
assault prevention and other actions covered by title IX protections.
(3)
The department of health and human services shall issue awards no later than
May 1, 2021, with a grant period of 1 year.
(4)
The department of health and human services shall report on grant activities to
the senate and house appropriations subcommittees on health and human services,
the senate and house appropriations subcommittees on higher education, the
senate and house fiscal agencies, and the state budget office by March 1, 2022.
(5)
The unexpended portion of funds appropriated in part 1 for campus sexual
assault prevention and education initiative is designated as a work project
appropriation. Any unencumbered or unallotted funds shall not lapse at the end
of the fiscal year and shall be available for expenditure for the project under
this section until the project has been completed. The following is in
compliance with section 451a(1) of the management and budget act, 1984 PA 431,
MCL 18.1451a:
(a)
The purpose of the project is to provide grants for sexual assault education,
awareness, prevention, reporting, bystander intervention programs, peer
advocacy groups, and student organizations dedicated to campus sexual assault
prevention and other actions covered by title IX protections. The student
organizations may be provided funds to support and develop advocacy groups and
act on issues related to prevention of sexual assault, including, but not
limited to, student outreach, supporting survivors of sexual assault, and
advocating for campus improvements such as additional lighting.
(b)
The project will be accomplished by grants to eligible community colleges,
colleges, universities, and high schools.
(c)
The total estimated cost of the project is $1,321,100.00.
(d)
The estimated completion date is September 30, 2025.
Sec.
8-461. By March 1 of the current fiscal year, the department shall submit to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy offices, and the
state budget office a report on the total amount expended for runaway and
homeless youth services programs in the previous year, as well as the total
number of shelter nights for youth provided.
CHILDREN'S SERVICE AGENCY - CHILD
WELFARE
Sec.
8-501. (1) A goal is established that not more than 25% of all children in
foster care at any given time during the current fiscal year, if in the best
interest of the child, will have been in foster care for 24 months or more.
(2)
By March 1 of the current fiscal year, the department shall provide to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office a report describing the steps that will be taken to achieve
the specific goal established in this section and on the percentage of children
who currently are in foster care and who have been in foster care a total of 24
or more months.
Sec.
8-502. From the funds appropriated in part 1 for foster care, the department
shall provide 50% reimbursement to Indian tribal governments for foster care
expenditures for children who are under the jurisdiction of Indian tribal
courts and who are not otherwise eligible for federal foster care cost sharing.
Sec.
8-503. (1) In accordance with the final report of the Michigan child welfare
performance-based funding task force issued in response to section 503 of
article X of 2013 PA 59, the department shall continue to review, update, or
develop actuarially sound case rates for necessary child welfare foster care
case management services that achieve permanency by the department and private
child placing agencies in a prospective payment system under a
performance-based funding model.
(2) In accordance with the final report of the
Michigan child welfare performance-based funding task force issued in response
to section 503 of article X of 2013 PA 59, the department shall continue an
independent, third-party evaluation of the performance-based funding model.
(3)
The department shall only implement the performance-based funding model into
additional counties where the department, private child welfare agencies, the
county, and the court operating within that county have signed a memorandum of
understanding that incorporates the intentions of the concerned parties in
order to implement the performance-based funding model.
(4)
The department, in conjunction with members from both the house of
representatives and senate, private child placing agencies, the courts, and
counties shall continue to implement the recommendations that are described in
the workgroup report that was provided in section 503 of article X of 2013 PA
59 to establish a performance-based funding for public and private child
welfare services providers. The department shall provide quarterly reports on
the status of the performance-based contracting model to the senate and house
appropriations subcommittees on the department budget, the senate and house
standing committees on families and human services, and the senate and house
fiscal agencies and policy offices.
(5)
From the funds appropriated in part 1 for the performance-based funding model
pilot, the department shall continue to work with the West Michigan Partnership
for Children Consortium on the implementation of the performance-based funding
model pilot. The consortium shall accept and comprehensively assess referred
youth, assign cases to members of its continuum or leverage services from other
entities, and make appropriate case management decisions during the duration of
a case. The consortium shall operate an integrated continuum of care structure,
with services provided by both private and public agencies, based on individual
case needs. The consortium shall demonstrate significant organizational
capacity and competencies, including experience with managing risk-based
contracts, financial strength, experienced staff and leadership, and
appropriate governance structure.
Sec.
8-504. (1) The department may continue a master agreement with the West
Michigan Partnership for Children Consortium for a performance-based child
welfare contracting pilot program. The consortium shall consist of a network of
affiliated child welfare service providers that will accept and comprehensively
assess referred youth, assign cases to members of its continuum or leverage
services from other entities, and make appropriate case management decisions
during the duration of a case.
(2)
The consortium shall operate an integrated continuum of care structure, with
services provided by private or public agencies, based on individual case
needs.
(3)
By March 1 of the current fiscal year, the consortium shall provide to the
department and the house and senate appropriations subcommittees on the department
budget a report on the consortium, including, but not limited to, actual
expenditures, number of children placed by agencies in the consortium, fund
balance of the consortium, and the status of the consortium evaluation.
Sec.
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 and in the first quarter of the current
fiscal year outlining the number of youth served by the department within the
juvenile justice system, the type of setting for each youth, performance
outcomes, and financial costs or savings.
Sec.
8-507. The department's ability to satisfy appropriation deducts in part 1 for
foster care private collections shall not be limited to collections and
accruals pertaining to services provided only in the current fiscal year but
may include revenues collected during the current fiscal year for services
provided in prior fiscal years.
Sec.
8-508. (1) In addition to the amount appropriated in part 1 for children's
trust fund grants, money granted or money received as gifts or donations to the
children's trust fund created by 1982 PA 249, MCL 21.171 to 21.172, is
appropriated for expenditure.
(2)
For the funds described in (1) the department shall ensure that administrative
delays are avoided and the local grant recipients and direct service providers
receive money in an expeditious manner. The department and board shall make
available the children's trust fund contract funds to grantees within 31 days
of the start date of the funded project.
Sec.
8-511. The department shall provide reports on a semiannual basis to the senate
and house appropriations subcommittees on the department budget, the senate and
house standing committees on families and human services, and the senate and
house fiscal agencies and policy offices on the number and percentage of
children who received timely physical and mental health examinations after
entry into foster care. The goal of the program is that at least 85% of
children shall have an initial medical and mental health examination within 30
days after entry into foster care.
Sec.
8-512. As required by the settlement, by March 1 of the current fiscal year,
the department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office on the
following information for cases of child abuse or child neglect from the
previous fiscal year:
(a)
The total number of relative care placements.
(b)
The total number of relatives with a placement who became licensed.
(c)
A list of the reasons from a sample of cases where relatives were denied foster
home licensure as documented by the department.
Sec.
8-513. (1) The department shall not expend funds appropriated in part 1 to pay
for the direct placement by the department of a child in an out-of-state
facility unless all of the following conditions are met:
(a)
There is no appropriate placement available in this state as determined by the
department interstate compact office.
(b)
An out-of-state placement exists that is nearer to the child's home than the
closest appropriate in-state placement as determined by the department
interstate compact office.
(c)
The out-of-state facility meets all of the licensing standards of this state
for a comparable facility.
(d)
The out-of-state facility meets all of the applicable licensing standards of
the state in which it is located.
(e)
The department has done an on-site visit to the out-of-state facility, reviewed
the facility records, reviewed licensing records and reports on the facility,
and believes that the facility is an appropriate placement for the child.
(2)
The department shall not expend money for a child placed in an out-of-state
facility without approval of the executive director of the children's services
agency.
(3)
The department shall submit an annual report by March 1 of the current fiscal
year to the state court administrative office, the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office on the number of Michigan children residing in out-of-state facilities
in the previous fiscal year and shall include the total cost and average per
diem cost of these out-of-state placements to this state, and a list of each
such placement arranged by the Michigan county of residence for each child.
Sec.
8-514. The department shall make a comprehensive report concerning children's
protective services (CPS) to the legislature, including the senate and house
policy offices and the state budget director, by March 1 of the current fiscal
year, that shall include all of the following:
(a)
Statistical information including, but not limited to, all of the following:
(i)
The total number of reports of child abuse or child neglect investigated under
the child protection law, 1975 PA 238, MCL 722.621 to 722.638, and the number
of cases classified under category I or category II and the number of cases classified
under category III, category IV, or category V.
(ii)
The mandatory reporter category in which the individual who made the report
fits, or other categorization if the individual is not within a group required
to report under the child protection law, 1975 PA 238, MCL 722.621 to 722.638.
(iii)
For the reported complaints of child abuse or child neglect by teachers, school
administrators, and school counselors, the number of cases classified under
category I or category II and the number of cases classified under category
III, category IV, or category V.
(b)
New policies related to children's protective services including, but not
limited to, major policy changes and court decisions affecting the children's
protective services system during the immediately preceding 12-month period.
The report shall also include a summary of the actions undertaken and
applicable expenditures to achieve compliance with the office of the auditor
general audit number 431-1285-16.
(c)
Statistical information regarding families that were classified in category
III, including, but not limited to, all of the following:
(i)
The total number of cases classified in category III.
(ii)
The number of cases in category III referred to voluntary community services
and closed with no additional monitoring.
(iii)
The number of cases in category III referred to voluntary community services
and monitored for up to 90 days.
(iv)
The number of cases in category III for which the department entered more than
1 determination that there was evidence of child abuse or child neglect.
(v)
The number of cases in category III that the department reclassified from
category III to category II.
(vi)
The number of cases in category III that the department reclassified from
category III to category I.
(vii)
The number of cases in category III that the department reclassified from
category III to category I that resulted in a removal.
(d)
The department policy, or changes to the department policy, regarding children
who have been exposed to the production or manufacture of methamphetamines.
Sec.
8-516. From funds appropriated in part 1 for child care fund, the
administrative or indirect cost payment equal to 10% of a county's total
monthly gross expenditures shall be distributed to the county on a monthly
basis and a county is not required to submit documentation to the department
for any of the expenditures that are covered under the 10% payment as described
in section 117a(4)(b)(ii) and (iv) of the social welfare act, 1939 PA 280, MCL
400.117a.
Sec.
8-517. The department shall retain a formal appeal process regarding Title IV-E
determinations for a child in foster care. The department shall request from
the courts all relevant information, including transcripts as needed, for the
department's Title IV-E determination.
Sec.
8-519. The department shall permit any private agency that has an existing
contract with this state to provide foster care services to be also eligible to
provide treatment foster care services.
Sec.
8-520. (1) To the extent that the data are available the department shall
submit a report to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, the house and senate
policy offices, and the state budget office by February 15 of the current
fiscal year containing the following information on out-of-home placements
during the previous fiscal year:
(a)
The number of days of care for foster care out-of-home placements by living
arrangement and fund source;
(b)
expenditures for foster care out-of-home placements by living arrangement and
fund source;
(c)
the number of days of care for department-operated residential juvenile justice
facilities by security classification;
(2)
For the purposes of the report in subsection (1), living arrangements should
include but not be limited to, paid relative placement, department direct
family foster care, private agency supervised foster care, private child caring
institutions, county-supervised facilities, court-supervised facilities, and
independent living based on available data.
Sec.
8-522. From the funds appropriated in part 1 for youth in transition, the
department shall allocate $750,000.00 for scholarships through the fostering
futures scholarship program in the Michigan education trust to youths who were
in foster care because of child abuse or child neglect and are attending a
college or a career technical educational institution located in this state. Of
the funds appropriated, 100% shall be used to fund scholarships for the youths
described in this section.
Sec.
8-523. (1) By February 15 of the current fiscal year, the department shall
submit to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office a report on the families first, family
reunification, and families together building solutions family preservation
programs. The report shall provide population and outcome data based on
contractually required follow-up evaluations for families who received family
preservation services and shall include information for each program on any
innovations that may increase child safety and risk reduction.
(2)
From the funds appropriated in part 1 for 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.
8-530. (1) All master contracts relating to foster care and adoption services
as funded by the appropriations in section 105 of part 1 shall be
performance-based contracts that employ a client-centered results-oriented
process that is based on measurable performance indicators and desired outcomes
and includes the annual assessment of the quality of services provided.
(2)
By February 1 of the current fiscal year, the department shall provide the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget
office a report detailing measurable performance indicators, desired outcomes,
and an assessment of the quality of services provided by the department during
the previous fiscal year.
Sec.
8-531. The department shall notify the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the house and senate policy offices of any changes to a child welfare
master contract template, including the adoption master contract template, the
independent living plus master contract template, the child placing agency
foster care master contract template, and the residential foster care juvenile
justice master contract template, upon finalization of the change.
Sec.
8-533. The department shall make payments to child placing facilities for
in-home and out-of-home care services and adoption services within 30 days of
receiving all necessary documentation from those agencies.
Sec.
8-534. The department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office by March 1 of
the current fiscal year a report on the adoption subsidies expenditures from
the previous fiscal year. The report shall include, but is not limited to, the
range of annual adoption support subsidy amounts, for both title IV-E eligible
cases and state-funded cases, paid to adoptive families, the number of title IV-E
and state-funded cases, the number of cases in which the adoption support
subsidy request of adoptive parents for assistance was denied by the
department, and the number of adoptive parents who requested a redetermination
of adoption support subsidy.
Sec.
8-540. If a physician or psychiatrist who is providing services to state or
court wards placed in a residential facility submits a formal request to the
department to change the psychotropic medication of a ward, the department
shall, if the ward is a state ward, make a determination on the proposed change
within 7 business days after the request or, if the ward is a temporary court
ward, seek parental consent within 7 business days after the request. If
parental consent is not provided within 7 business days, the department shall
petition the court on the eighth business day.
Sec.
8-546. (1) From the funds appropriated in part 1 for foster care payments and
from child care fund, the department shall establish administrative rates for
providers of general foster care, independent living, and trial reunification
services of not less than $46.20 per day.
(2)
From the funds appropriated in part 1, the department shall establish rates for
providers of independent living plus services statewide per diem rates for
staff-supported housing and host-home housing based on proposals submitted in
response to a solicitation for pricing. The independent living plus program
provides staff-supported housing and services for foster youth ages 16 through
19 who, because of their individual needs and assessments, are not initially
appropriate for general independent living foster care.
(3)
If required by the federal government to meet title IV-E requirements,
providers of foster care services shall submit quarterly reports on
expenditures to the department to identify actual costs of providing foster
care services.
(4)
From the funds appropriated in part 1, the department shall maintain rates that
are no less than the rates in place on March 20, 2019 provided to each private
provider of residential services.
Sec.
8-547. (1) From the funds appropriated in part 1 for the guardianship
assistance program, the department shall pay a minimum rate that is not less
than the approved age-appropriate payment rates for youth placed in family
foster care.
(2)
The department shall report 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.
8-550. (1) The department shall not offset against reimbursement payments to
counties or seek reimbursement from counties for charges that were received by
the department more than 12 months before the department seeks to offset
against reimbursement. A county shall not request reimbursement for and
reimbursement payments shall not be paid for a charge that is more than 12
months after the date of service or original status determination when
initially submitted by the county.
(2)
All service providers shall submit a request for payment within 12 months after
the date of service. Any request for payment submitted 12 months or more after
the date of service requires the provider to submit an exception request to the
county or the department for approval or denial.
(3)
The county is not subject to any offset, chargeback, or reimbursement liability
for prior expenditures resulting from an error in foster care fund source
determinations.
Sec.
8-551. The department shall respond to counties within 30 days regarding any
request for a clarification requested through the department's child care fund
management unit electronic mail address.
Sec.
8-552. Sixty days after a county's child care fund on-site review is completed,
the department shall provide the results of the review to the county. The
department shall not evaluate the relevancy, quality, effectiveness,
efficiency, or impact of the services provided to youth of the county's child
care fund programs in the review. Pursuant to state law, the department shall
not release the results of the review to a third-party without the permission
of the county being reviewed.
Sec.
8-562. The department shall provide time and travel reimbursements for foster
parents who transport a foster child to parent-child visitations. As part of
the foster care parent contract, the department shall provide written
confirmation to foster parents that states that the foster parents have the
right to request these reimbursements for all parent-child visitations. The
department shall provide these reimbursements within 60 days of receiving a
request for eligible reimbursements from a foster parent.
Sec.
8-564. (1) The department shall develop a clear policy for parent-child
visitations. The local county offices, caseworkers, and supervisors shall meet
an 85% success rate, after accounting for factors outside of the caseworkers'
control.
(2)
Per the court-ordered number of required meetings between caseworkers and a
parent, the caseworkers shall achieve a success rate of 85%, after accounting
for factors outside of the caseworkers' control.
(3)
By March 1 of the current fiscal year, the department shall provide to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office a report on the following:
(a)
The percentage of success rate for parent-child visitations and court-ordered
required meetings between caseworkers referenced in subsections (1) and (2) for
the previous year.
(b)
The barriers to achieve the success rates in subsections (1) and (2) and how
this information is tracked.
Sec.
8-567. The department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office by March 1 of
the current fiscal year a report on transfer of medical passports for children
in foster care, including the following:
(a)
From the total medical passports transferred, the percentage that transferred
within 2 weeks from the date of placement or return to the home.
(b)
From the total school records, the percentage that transferred within 2 weeks
from the date of placement or return to the home.
(c)
The implementation steps that have been taken to improve the outcomes for the
measures in subdivision (a).
Sec.
8-569. The department shall reimburse private child placing agencies that
complete adoptions at the rate according to the date on which the petition for
adoption and required support documentation was accepted by the court and not
according to the date the court's order placing for adoption was entered,
unless otherwise requested by the adoption agency.
Sec.
8-574. (1) From the funds appropriated for foster care payments, $375,000.00 is
allocated to support family incentive grants to private and community-based foster
care service providers to assist with home improvements or payment for physical
exams for applicants needed by foster families and unlicensed relatives caring
for a family member through the child welfare system to accommodate children in
foster care.
(2)
By March 1 of the current fiscal year, the department shall submit to the house
and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office a report on the total amount expended in the previous year for
grants to private and community- based foster care service providers for home
improvements or physical exams as referenced in subsection (1) and the number
of grants issued.
Sec.
8-583. By March 1 of the current fiscal year, the department shall provide to
the senate and house appropriations subcommittees on the department budget, the
senate and house standing committees on families and human services, the senate
and house fiscal agencies and policy offices, and the state budget office a
report that includes:
(a)
The number and percentage of foster parents that dropped out of the program in
the previous fiscal year and the reasons the foster parents left the program
and how those figures compare to prior fiscal years.
(b)
The number and percentage of foster parents successfully retained in the
previous fiscal year and how those figures compare to prior fiscal years.
Sec.
8-585. The department shall make available at least 1 pre-service training
class each month in which new caseworkers for private foster care and adoption
agencies can enroll.
Sec.
8-588. Concurrently with public release, the department shall transmit all
reports from the court-appointed settlement monitor, including, but not limited
to, the needs assessment and period outcome reporting, to the state budget
office, the senate and house appropriations subcommittees on the department
budget, and the senate and house fiscal agencies and policy offices, without
revision.
Sec.
8-589. (1) From the funds appropriated in part 1 for child care fund, the
department shall pay 100% of the administrative rate for all new cases referred
to providers of general foster care and treatment foster care services.
(2)
On a quarterly basis, the department shall report on the monthly number of all
foster care cases administered by the department and all foster care cases
administered by private providers.
Sec.
8-594. From the funds appropriated in part 1 for foster care payments, the
department shall support regional resource teams to provide for the
recruitment, retention, and training of foster and adoptive parents and shall
expand the Michigan youth opportunities initiative to all Michigan counties.
The purpose of this funding is to increase the number of annual inquiries from
prospective foster parents, increase the number of nonrelative foster homes
that achieve licensure each year, increase the annual retention rate of
nonrelative foster homes, reduce the number of older foster youth placed outside
of family settings, and provide older youth with enhanced support in
transitioning to adulthood.
Sec.
8-598. Partial state and child care fund reimbursements for undisputed charges
shall be made following the receipt of all required forms and documentation.
The department shall commence activity to investigate and resolve all disputed
reimbursement requests, up to and including use of formal appeal process,
pursuant to statute and published department chargeback policy.
PUBLIC ASSISTANCE
Sec.
8-601. Whenever a client agrees to the release of his or her name and address
to the local housing authority, the department shall request from the local
housing authority information regarding whether the housing unit for which
vendoring has been requested meets applicable local housing codes. Vendoring
shall be terminated for those units that the local authority indicates in
writing do not meet local housing codes until such time as the local authority
indicates in writing that local housing codes have been met.
Sec.
8-602. The department shall conduct a full evaluation of an individual's
assistance needs if the individual has applied for disability more than 1 time
within a 1-year period.
Sec.
8-604. (1) The department shall operate a state disability assistance program.
Except as provided in subsection (3), persons eligible for this program shall
include needy citizens of the United States or aliens exempted from the
supplemental security income citizenship requirement who are at least 18 years
of age or emancipated minors meeting 1 or more of the following requirements:
(a)
A recipient of supplemental security income, social security, or medical
assistance due to disability or 65 years of age or older.
(b)
A person with a physical or mental impairment that meets federal supplemental
security income disability standards, except that the minimum duration of the
disability shall be 90 days. Substance use disorder alone is not defined as a
basis for eligibility.
(c)
A resident of an adult foster care facility, a home for the aged, a county
infirmary, or a substance use disorder treatment center.
(d)
A person receiving 30-day postresidential substance use disorder treatment.
(e)
A person diagnosed as having acquired immunodeficiency syndrome.
(f)
A person receiving special education services through the local intermediate
school district.
(g)
A caretaker of a disabled person who meets the requirements specified in
subdivision (a), (b), (e), or (f).
(2)
Applicants for and recipients of the state disability assistance program shall
be considered needy if they:
(a)
Meet the same asset test as is applied for the family independence program.
(b)
Have a monthly budgetable income that is less than the payment standards.
(3)
Except for a person described in subsection (1)(c) or (d), a person is not
disabled for purposes of this section if his or her drug addiction or
alcoholism is a contributing factor material to the determination of
disability. "Material to the determination of disability" means that,
if the person stopped using drugs or alcohol, his or her remaining physical or
mental limitations would not be disabling. If his or her remaining physical or
mental limitations would be disabling, then the drug addiction or alcoholism is
not material to the determination of disability and the person may receive
state disability assistance. Such a person must actively participate in a
substance abuse treatment program, and the assistance must be paid to a third
party or through vendor payments. For purposes of this section, substance abuse
treatment includes receipt of inpatient or outpatient services or participation
in alcoholics anonymous or a similar program.
Sec.
8-605. The level of reimbursement provided to state disability assistance
recipients in licensed adult foster care facilities shall be the same as the
prevailing supplemental security income rate under the personal care category.
Sec.
8-606. County department offices shall require each recipient of family independence
program and state disability assistance who has applied with the social
security administration for supplemental security income to sign a contract to
repay any assistance rendered through the family independence program or state
disability assistance program upon receipt of retroactive supplemental security
income benefits.
Sec.
8-607. (1) The department's ability to satisfy appropriation deductions in part
1 for state disability assistance/supplemental security income recoveries and
public assistance recoupment revenues shall not be limited to recoveries and
accruals pertaining to state disability assistance, or family independence
assistance grant payments provided only in the current fiscal year, but may
include revenues collected during the current year that are prior year related
and not a part of the department's accrued entries.
(2)
The department may use supplemental security income recoveries to satisfy the
deduct in any line in which the revenues are appropriated, regardless of the
source from which the revenue is recovered.
Sec.
8-608. Adult foster care facilities providing domiciliary care or personal care
to residents receiving supplemental security income or homes for the aged
serving residents receiving supplemental security income shall not require
those residents to reimburse the home or facility for care at rates in excess
of those legislatively authorized. To the extent permitted by federal law,
adult foster care facilities and homes for the aged serving residents receiving
supplemental security income shall not be prohibited from accepting third-party
payments in addition to supplemental security income if the payments are not
for food, clothing, shelter, or result in a reduction in the recipient's
supplemental security income payment.
Sec.
8-609. The state supplementation level under the supplemental security income
program for the personal care/adult foster care and home for the aged
categories shall not be reduced during the current fiscal year. The legislature
shall be notified upon any proposed reduction in the state supplementation
level.
Sec.
8-610. (1) In developing good cause criteria for the state emergency relief
program, the department shall grant exemptions if the emergency resulted from
unexpected expenses related to maintaining or securing employment.
(2)
For purposes of determining housing affordability eligibility for state
emergency relief, a group is considered to have sufficient income to meet
ongoing housing expenses if their total housing obligation does not exceed 75%
of their total net income.
(3)
State emergency relief payments shall not be made to individuals who have been
found guilty of fraud in regard to obtaining public assistance.
(4)
State emergency relief payments shall not be made available to persons who are
out-of-state residents or illegal immigrants.
(5)
State emergency relief payments for rent assistance shall be distributed
directly to landlords and shall not be added to Michigan bridge cards.
Sec.
8-611. The state supplementation level under the supplemental security income
program for the living independently or living in the household of another
categories shall not exceed the minimum state supplementation level as required
under federal law or regulations.
Sec.
8-613. (1) The department shall provide reimbursements for the final
disposition of indigent persons. The reimbursements shall include the
following:
(a)
The maximum allowable reimbursement for the final disposition is $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.
8-614. The department shall report to the senate and house of representatives
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the senate and house policy offices by January 15 of the
current fiscal year on the number and percentage of state disability assistance
recipients who were determined to be eligible for federal supplemental security
income benefits in the previous fiscal year.
Sec.
8-615. Except as required by federal law or regulations, funds appropriated in
part 1 shall not be used to provide public assistance to a person who is not a
United States citizen, permanent resident alien or refugee. This section shall
not prohibit the department from entering into contracts with food banks,
emergency shelter providers, or other human services agencies who may, as a
normal part of doing business, provide food or emergency shelter.
Sec.
8-616. The department shall require retailers that participate in the
electronic benefits transfer program to charge no more than $2.50 in fees for
cash back as a condition of participation.
Sec.
8-618. By March 1 of the current fiscal year, the department shall report to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office the quarterly number of supervised individuals who have absconded
from supervision and whom a law enforcement agency, the department of
corrections, or the department is actively seeking according to section 84 of
the corrections code of 1953, 1953 PA 232, MCL 791.284.
Sec.
8-619. (1) Subject to subsection (2), the department shall not deny title IV-A
assistance and food assistance benefits under 21 USC 862a to any individual who
has been convicted of a single felony that included the possession, use, or
distribution of a controlled substance, for which the act that resulted in the
conviction occurred after August 22, 1996, if the individual is not in
violation of his or her probation or parole requirements. Benefits shall be
provided to an individual, if the individual is the grantee (head of
household), as follows:
(a)
Family independence program benefits must be paid in the form of restricted
payments when the grantee has been convicted, for conduct occurring after
August 22, 1996, of a felony for the use, possession, or distribution of a
controlled substance.
(b)
An authorized representative shall be required for food assistance receipt. If
the individual with the conviction is not the grantee, the food assistance
shall be provided to the grantee.
(2)
Subject to federal approval, an individual is not entitled to the exemption in
this section if the individual was convicted of 2 or more separate felony acts
that included the possession, use, or distribution of a controlled substance
and both acts occurred after August 22, 1996.
Sec.
8-620. (1) The department shall make a determination of Medicaid eligibility
not later than 90 days if disability is an eligibility factor. For all other
Medicaid applicants, including patients of a nursing home, the department shall
make a determination of Medicaid eligibility within 45 days of application.
(2)
The department shall provide quarterly reports to the senate and house
appropriations subcommittees on the department budget, the senate and house
standing committees on families and human services, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget office on
the average Medicaid eligibility standard of promptness for each of the
required standards of promptness under subsection (1) and for medical review
team reviews achieved statewide and at each local office.
Sec.
8-645. An individual or family is considered homeless, for purposes of
eligibility for state emergency relief, if living temporarily with others in
order to escape domestic violence. For purposes of this section, domestic
violence is defined and verified in the same manner as in the department's
policies on good cause for not cooperating with child support and paternity
requirements.
Sec.
8-653. From the funds appropriated in part 1 for food assistance, 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 is
not an ongoing commitment of funding.
Sec.
8-669. From the funds appropriated in part 1 for family independence program,
the department shall allocate $7,230,000.00 for the annual clothing allowance.
The allowance shall be granted to all eligible children in a family
independence program group.
Sec.
8-672. (1) The department's office of inspector general shall report to the
senate and house of representatives appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the senate and
house policy offices by February 15 of the current fiscal year on department
efforts to reduce food assistance program trafficking. The department shall
provide information on the number of Bridge card trafficking instances and
overall welfare fraud referrals, the number of investigations completed, the
fraud/intentional program violation dollar amounts identified, the number of
prosecutor referrals and administrative hearing referrals and waivers, and the
number of program disqualifications imposed, whether permanently or
temporarily, as a result of such inappropriate use. The report shall
distinguish between savings and cost avoidance. Savings include receivables
established from instances of fraud committed. Cost avoidance includes
expenditures avoided due to front-end eligibility investigations and other
preemptive actions undertaken in the prevention of fraud.
(2)
The department shall require an explanation from a recipient if a bridge card
is replaced more than 2 times over any 3-month period.
(3)
As used in this section "Food Assistance trafficking" is the buying
and selling of food assistance benefits for cash or items not authorized under
the Food and Nutrition Act of 2008.
Sec.
8-677. (1) The department shall establish a state goal for the percentage of
family independence program cases involved in employment activities. The
percentage established shall not be less than 50%. The goal for long-term
employment shall be 15% of cases for 6 months or more.
(2)
The department shall provide quarterly reports to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies and policy offices, and the state budget director on the number
of cases referred to Partnership. Accountability. Training. Hope. (PATH), the
current percentage of family independence program cases involved in PATH
employment activities, an estimate of the current percentage of family
independence program cases that meet federal work participation requirements on
the whole, and an estimate of the current percentage of the family independence
program cases that meet federal work participation requirements for those cases
referred to PATH.
(3)
The department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office quarterly
reports that include all of the following:
(a)
The number and percentage of nonexempt family independence program recipients
who are employed.
(b)
The average and range of wages of employed family independence program
recipients.
(c)
The number and percentage of employed family independence program recipients
who remain employed for 6 months or more.
Sec.
8-686. (1) The department shall confirm that individuals presenting personal
identification issued by another state seeking assistance through the family
independence program, food assistance program, state disability assistance
program, or medical assistance program are not receiving benefits from any
other state.
(2)
The department shall confirm the address provided by any individual seeking
family independence program benefits or state disability assistance benefits.
(3)
The department shall prohibit individuals with property assets assessed at a
value higher than $200,000.00 from accessing assistance through
department-administered programs, unless such a prohibition would violate
federal rules and guidelines.
(4)
The department shall obtain an up-to-date telephone number during the
eligibility determination or redetermination process for individuals seeking
medical assistance benefits.
Sec.
8-687. (1) The department shall, in quarterly reports, compile and make
available on its website all of the following information about the family
independence program, state disability assistance, the food assistance program,
Medicaid, and state emergency relief:
(a)
The number of applications received.
(b)
The number of applications approved.
(c)
The number of applications denied.
(d)
The number of applications pending and neither approved nor denied.
(e)
The number of cases opened.
(f)
The number of cases closed.
(g)
The number of cases at the beginning of the quarter and the number of cases at
the end of the quarter.
(2)
The information provided under subsection (1) shall be compiled and made
available for the state as a whole and for each county and reported separately
for each program listed in subsection (1).
(3)
The department shall, in quarterly reports, compile and make available on its
website the family independence program information listed as follows:
(a)
The number of new applicants who successfully met the requirements of the
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, the department shall make an additional $20.01 payment to
each food assistance program case that is not currently eligible for the
standard utility allowance to enable each case to receive expanded food
assistance benefits through the program commonly known as the heat and eat
program.
CHILDREN'S SERVICES AGENCY -
JUVENILE JUSTICE
Sec.
8-701. Unless required from changes to federal or state law or at the request
of a provider, the department shall not alter the terms of any signed contract
with a private residential facility serving children under state or court
supervision without written consent from a representative of the private
residential facility.
Sec.
8-706. Counties shall be subject to 50% chargeback for the use of alternative
regional detention services, if those detention services do not fall under the
basic provision of section 117e of the social welfare act, 1939 PA 280, MCL
400.117e, or if a county operates those detention services programs primarily
with professional rather than volunteer staff.
Sec.
8-707. In order to be reimbursed for child care fund expenditures, counties are
required to submit department- developed reports to enable the department to
document potential federally claimable expenditures. This requirement is in
accordance with the reporting requirements specified in section 117a(11) of the
social welfare act, 1939 PA 280, MCL 400.117a.
Sec.
8-708. (1) As a condition of receiving funds appropriated in part 1 for the
child care fund line item, by October 15 of the current fiscal year, counties
shall have an approved service spending plan for the current fiscal year.
Counties must submit the service spending plan for the following fiscal year to
the department by August 15 of the current fiscal year for approval. Upon
submission of the county service spending plan, the department shall approve
within 30 calendar days after receipt of a properly completed service plan that
complies with the requirements of the social welfare act, 1939 PA 280, MCL
400.1 to 400.119b. The department shall notify and submit county service
spending plan revisions to any county whose county service spending plan is not
accepted upon initial submission. The department shall not request any
additional revisions to a county service spending plan outside of the requested
revision notification submitted to the county by the department. The department
shall notify a county within 30 days after approval that its service plan was
approved.
(2)
Counties must submit amendments to current fiscal year county service plans no later
than August 30. Counties must submit current fiscal year payable estimates to
the department no later than September 15.
(3)
The department shall submit a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office by February 15
of the current fiscal year on the number of counties that fail to submit a
service spending plan by August 15 of the previous fiscal year and the number
of service spending plans not approved by October 15. The report shall include
the number of county service spending plans that were not approved as first
submitted by the counties, as well as the number of plans that were not
approved by the department after being resubmitted by the county with the first
revisions that were requested by the department.
Sec.
8-709. The department's master contract for juvenile justice residential foster
care services shall prohibit contractors from denying a referral for placement
of a youth, or terminating a youth's placement, if the youth's assessed
treatment needs are in alignment with the facility's residential program type,
as identified by the court or the department. In addition, the master contract
shall require that youth placed in juvenile justice residential foster care
facilities must have regularly scheduled treatment sessions with a licensed
psychologist or psychiatrist, or both, and access to the licensed psychologist
or psychiatrist as needed.
FIELD OPERATIONS AND SUPPORT
SERVICES
Sec.
8-807. From the funds appropriated in part 1 for Elder Law of Michigan MiCAFE
contract, the department shall allocate not less than $350,000.00 to the Elder
Law of Michigan MiCAFE to assist this state's elderly population in
participating in the food assistance program. Of the $350,000.00 allocated
under this section, the department shall use $175,000.00, which are general
fund/general purpose funds, as state matching funds for not less than
$175,000.00 in United States Department of Agriculture funding to provide
outreach program activities, such as eligibility screening and information
services, as part of a statewide food assistance hotline.
Sec.
8-808. By March 1 of the current fiscal year, the department shall provide a
report to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office on the nutrition education program. The
report shall include requirements made by the agriculture improvement act of
2018, Public Law 115-334, such as how the department shall use an electronic
reporting system to evaluate projects and an accounting of allowable state
agency administrative costs. The report shall also include documentation of the
steps the department shall take to ensure that projects and subgrantee programs
are evidence-based, appropriated for, and meet the criteria for eligible
individuals as defined in section 2036a(a) of the food and nutrition act, 7 USC
2036, and quantitative evidence that the programs contribute to a reduction in
obesity or an increase in the consumption of healthy foods. Additionally, the
report shall include planned allocation and actual expenditures for the
supplemental nutrition assistance program education funding, planned and actual
grant amounts for the supplemental nutrition assistance program education
funding, the total amount of expected carryforward balance at the end of the
current fiscal year for the supplemental nutrition assistance program education
funding and for each subgrantee program, a list of all supplemental nutrition
assistance program education funding programs by implementing agency, and the
stated purpose of each of the programs and each of the subgrantee programs.
Sec.
8-809. (1) The purpose of the pathways to potential program is to reduce
chronic absenteeism and decrease the number of students who repeat grades for
schools that are current or future participants in the pathways to potential
program. Before any deployment of resources into a participant school, the
department and the participant school shall establish performance objectives
for each participant school based on a 2-year baseline prior to pathways to
potential being established in the participant school and shall evaluate the
progress made in the above categories from the established baseline. By March 1
of the current fiscal year, the department shall provide to the senate and
house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the senate and house policy offices a report listing
all participant schools, the number of staff assigned to each school by
participant school, and the percentage of participating schools that achieved
improved performance in each of the 2 outcomes listed above compared to the
previous year, by each individual outcome. It is the intent of the legislature
that after a 2-year period without attaining an increase in success in meeting
the 2 listed outcomes from the established baseline, the department shall work
with the participant school to examine the cause of the lack of progress and
shall seek to implement a plan to increase success in meeting the identified
outcomes. It is the intent of the legislature that progress or the lack of
progress made in meeting the performance objectives shall be used as a
determinant in future pathways to potential resource allocation decisions.
(2)
As used in this section, "baseline" means the initial set of data
from the center for educational performance and information in the department
of technology, management, and budget of the 2 measured outcomes as described
in subsection (1).
Sec.
8-850. (1) The department shall maintain out-stationed eligibility specialists
in community-based organizations, community mental health agencies, nursing
homes, adult placement and independent living settings, federally qualified
health centers, and hospitals unless a community-based organization, community
mental health agency, nursing home, adult placement and independent living
setting, federally qualified health centers, or hospital requests that the
program be discontinued at its facility.
(2)
From the funds appropriated in part 1 for donated funds positions, the
department shall enter into contracts with agencies that are able and eligible
under federal law to provide the required matching funds for federal funding,
as determined by federal statute and regulations.
(3)
A contract for an assistance payments donated funds position must include, but
not be limited to, the following performance metrics:
(a)
Meeting a standard of promptness for processing applications for Medicaid and
other public assistance programs under state law.
(b)
Meeting required standards for error rates in determining programmatic
eligibility as determined by the department.
(4)
The department shall only fill additional donated funds positions after a new
contract has been signed. That position shall also be abolished when the
contract expires or is terminated.
(5)
The department shall classify as limited-term FTEs any new employees who are
hired to fulfill the donated funds position contracts or are hired to fill any
vacancies from employees who transferred to a donated funds position.
(6)
By March 1 of the current fiscal year, the department shall submit a report to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget
office detailing information on the donated funds positions, including the
total number of occupied positions, the total private contribution of the
positions, and the total cost to the state for any nonsalary expenditure for
the donated funds position employees.
Sec.
8-851. (1) From the funds appropriated in part 1 for adult services field
staff, the department shall seek to reduce the number of older adults who are
victims of crime and fraud by increasing the standard of promptness in every
county, as measured by commencing an investigation within 24 hours after a
report is made to the department, establishing face-to-face contact with the
client within 72 hours after a report is made to the department, and completing
the investigation within 30 days after a report is made to the department.
(2)
The department shall report no later than March 1 of the current fiscal year to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the house and senate policy offices on
the services provided to older adults who were victims of crime or fraud in the
previous fiscal year. The report shall include, but is not limited to, the
following by county: the percentage of investigations commenced within 24 hours
after a report is made to the department, the number of face-to-face contacts
established with the client within 72 hours after a report is made to the
department, the number of investigations completed within 30 days after a
report is made to the department, and the total number of older adults that were
victims of crime or fraud in the previous fiscal year and were provided
services by the department as a result of being victims of crime or fraud.
DISABILITY DETERMINATION SERVICES
Sec.
8-890. From the funds appropriated in part 1 for disability determination
services, the department shall maintain the unit rates in effect on September
30, 2019 for medical consultants performing disability determination services,
including physicians, psychologists, and speech-language pathologists.
BEHAVIORAL HEALTH PROGRAM
ADMINISTRATION AND SPECIAL PROJECTS
Sec.
8-901. The funds appropriated in part 1 are intended to support a system of
comprehensive community mental health services under the full authority and
responsibility of local CMHSPs or PIHPs in accordance with the mental health
code, 1974 PA 258, MCL 330.1001 to 330.2106, the Medicaid provider manual,
federal Medicaid waivers, and all other applicable federal and state laws.
Sec.
8-902. (1) From the funds appropriated in part 1, final authorizations to CMHSPs
or PIHPs shall be made upon the execution of contracts between the department
and CMHSPs or PIHPs. The contracts shall contain an approved plan and budget as
well as policies and procedures governing the obligations and responsibilities
of both parties to the contracts. Each contract with a CMHSP or PIHP that the
department is authorized to enter into under this subsection shall include a
provision that the contract is not valid unless the total dollar obligation for
all of the contracts between the department and the CMHSPs or PIHPs entered
into under this subsection for the current fiscal year does not exceed the
amount of money appropriated in part 1 for the contracts authorized under this
subsection.
(2)
The department shall immediately report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the state budget director if either of the following occurs:
(a)
Any new contracts the department has entered into with CMHSPs or PIHPs that
would affect rates or expenditures.
(b)
Any amendments to contracts the department has entered into with CMHSPs or
PIHPs that would affect rates or expenditures.
(3)
The report required by subsection (2) shall include information about the
changes and their effects on rates and expenditures.
Sec.
8-904. (1) By May 31 of the current fiscal year, the department shall provide a
report on the CMHSPs, PIHPs, and designated regional entities for substance use
disorder prevention and treatment to the members of the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget director that includes the information
required by this section.
(2)
The report shall contain information for each CMHSP, PIHP, and designated
regional entity for substance use disorder prevention and treatment, and a
statewide summary, each of which shall include at least the following
information:
(a)
A demographic description of service recipients that, minimally, shall include
reimbursement eligibility, client population, age, ethnicity, housing
arrangements, and diagnosis.
(b)
Per capita expenditures in total and by client population group and cultural
and ethnic groups of the services area, including the deaf and hard of hearing
population.
(c)
Financial information that, minimally, includes a description of funding
authorized; expenditures by diagnosis group, service category, and
reimbursement eligibility; and cost information by Medicaid, Healthy Michigan
plan, state appropriated non-Medicaid mental health services, local funding,
and other fund sources, including administration and funds specified for all
outside contracts for services and products. Financial information must include
the amount of funding, from each fund source, used to cover clinical services
and supports. Service category includes all department- approved services.
(d)
Data describing service outcomes that include, but are not limited to, an
evaluation of consumer satisfaction, consumer choice, and quality of life
concerns including, but not limited to, housing and employment.
(e)
Information about access to CMHSPs and designated regional entities for
substance use disorder prevention and treatment that includes, but is not
limited to, the following:
(i)
The number of people receiving requested services.
(ii)
The number of people who requested services but did not receive services.
(f)
The number of second opinions requested under the mental health code, 1974 PA
258, MCL 330.1001 to 330.2106, and the determination of any appeals.
(g)
Lapses and carryforwards during the previous fiscal year for CMHSPs, PIHPs, and
designated regional entities for substance use disorder prevention and
treatment.
(h)
Performance indicator information required to be submitted to the department in
the contracts with CMHSPs, PIHPs, and designated regional entities for
substance use disorder prevention and treatment.
(i)
Administrative expenditures of each CMHSP, PIHP, and designated regional entity
for substance use disorder prevention and treatment that include a breakout of
the salary, benefits, and pension of each executive-level staff and shall
include the director, chief executive, and chief operating officers and other
members identified as executive staff.
(3)
The report shall contain the following information from the previous fiscal
year on substance use disorder prevention, education, and treatment programs:
(a)
Expenditures stratified by department-designated community mental health
entity, by central diagnosis and referral agency, by fund source, by
subcontractor, by population served, and by service type.
(b)
Expenditures per state client, with data on the distribution of expenditures
reported using a histogram approach.
(c)
Number of services provided by central diagnosis and referral agency, by
subcontractor, and by service type. Additionally, data on length of stay,
referral source, and participation in other state programs.
(d)
Collections from other first- or third-party payers, private donations, or
other state or local programs, by department-designated community mental health
entity, by subcontractor, by population served, and by service type.
(4)
The department shall include data reporting requirements listed in subsections
(2) and (3) in the annual contract with each individual CMHSP, PIHP, and
designated regional entity for substance use disorder treatment and prevention.
(5)
The department shall take all reasonable actions to ensure that the data
required are complete and consistent among all CMHSPs, PIHPs, and designated
regional entities for substance use disorder prevention and treatment.
Sec.
8-905. (1) From the funds appropriated in part 1 for behavioral health program
administration, the department shall maintain a psychiatric transitional unit
and children's transition support team. These services will augment the
continuum of behavioral health services for high-need youth and provide
additional continuity of care and transition into supportive community-based
services.
(2)
Outcomes and performance measures for this initiative include, but are not
limited to, the following:
(a)
The rate of rehospitalization for youth served through the program at 30 and
180 days.
(b)
Measured change in the Child and Adolescent Functional Assessment Scale for
children served through the program.
Sec.
8-907. (1) The amount appropriated in part 1 for community substance use
disorder prevention, education, and treatment shall be expended to coordinate
care and services provided to individuals with severe and persistent mental
illness and substance use disorder diagnoses.
(2)
The department shall approve managing entity fee schedules for providing
substance use disorder services and charge participants in accordance with
their ability to pay.
(3)
The managing entity shall continue current efforts to collaborate on the
delivery of services to those clients with mental illness and substance use
disorder diagnoses with the goal of providing services in an administratively
efficient manner.
Sec.
8-909. From the funds appropriated in part 1 for community substance use
disorder prevention, education, and treatment, the department shall use
available revenue from the marihuana regulatory fund established in section 604
of the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27604,
to improve physical health; expand access to substance use disorder prevention
and treatment services; and strengthen the existing prevention, treatment, and
recovery systems.
Sec.
8-910. The department shall ensure that substance use disorder treatment is
provided to applicants and recipients of public assistance through the
department who are required to obtain substance use disorder treatment as a
condition of eligibility for public assistance.
Sec.
8-911. (1) The department shall ensure that each contract with a CMHSP or PIHP
requires the CMHSP or PIHP to implement programs to encourage diversion of
individuals with serious mental illness, serious emotional disturbance, or
developmental disability from possible jail incarceration when appropriate.
(2)
Each CMHSP or PIHP shall have jail diversion services and shall work toward
establishing working relationships with representative staff of local law
enforcement agencies, including county prosecutors' offices, county sheriffs'
offices, county jails, municipal police agencies, municipal detention
facilities, and the courts. Written interagency agreements describing what
services each participating agency is prepared to commit to the local jail
diversion effort and the procedures to be used by local law enforcement
agencies to access mental health jail diversion services are strongly
encouraged.
Sec.
8-918. On or before the twenty-fifth of each month, the department shall report
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget director on the
amount of funding paid to PIHPs to support the Medicaid managed mental health
care program in the preceding month. The information shall include the total
paid to each PIHP, per capita rate paid for each eligibility group for each
PIHP, and number of cases in each eligibility group for each PIHP, and
year-to-date summary of eligibles and expenditures for the Medicaid managed
mental health care program.
Sec.
8-920. As part of the Medicaid rate-setting process for behavioral health
services, the department shall work with PIHP network providers and actuaries
to include any state and federal wage and compensation increases that directly
impact staff who provide Medicaid-funded community living supports, personal
care services, respite services, skill-building services, and other similar
supports and services as part of the Medicaid rate.
Sec.
8-924. From the funds appropriated in part 1 for autism services, for the
purposes of actuarially sound rate certification and approval for Medicaid
behavioral health managed care programs, the department shall maintain a fee
schedule for autism services reimbursement rates for direct services. Expenditures
used for rate setting shall not exceed those identified in the fee schedule.
The rates for behavioral technicians shall not be more than $55.00 per hour.
Sec.
8-928. Each PIHP shall provide, from internal resources, local funds to be used
as a part of the state match required under the Medicaid program in order to
increase capitation rates for PIHPs. These funds shall not include either state
funds received by a CMHSP for services provided to non-Medicaid recipients or
the state matching portion of the Medicaid capitation payments made to a PIHP.
Sec.
8-935. A county required under the provisions of the mental health code, 1974
PA 258, MCL 330.1001 to 330.2106, to provide matching funds to a CMHSP for
mental health services rendered to residents in its jurisdiction shall pay the
matching funds in equal installments on not less than a quarterly basis
throughout the fiscal year, with the first payment being made by October 1 of
the current fiscal year.
Sec.
8-940. (1) According to section 236 of the mental health code, 1974 PA 258, MCL
330.1236, the department shall review expenditures for each CMHSP to identify
CMHSPs with projected allocation surpluses and to identify CMHSPs with
projected allocation shortfalls. The department shall encourage the board of a
CMHSP with a projected allocation surplus to concur with the department's
recommendation to reallocate those funds to CMHSPs with projected allocation
shortfalls.
(2)
A CMHSP that has its funding allocation transferred out during the current
fiscal year as described in subsection (1) is not eligible for any additional
funding reallocations during the remainder of the current fiscal year, unless
that CMHSP is responding to a public health emergency as determined by the
department.
(3)
CMHSPs shall report to the department on any proposed reallocations described
in this section at least 30 days before any reallocations take effect.
(4)
The department shall notify the chairs of the appropriation subcommittees on
the department budget when a request is made and when the department grants
approval for reallocation as described in subsection (1). By September 30 of
the current fiscal year, the department shall provide a report on the amount of
funding reallocated to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office.
Sec.
8-942. A CMHSP shall provide at least 30 days' notice before reducing,
terminating, or suspending services provided by a CMHSP to CMHSP clients, with
the exception of services authorized by a physician that no longer meet
established criteria for medical necessity.
Sec.
8-961. From the funds appropriated in part 1 for behavioral health program
administration, the department shall allocate $150,000.00 to administer an
electronic inpatient psychiatric bed registry consistent with the requirements
in section 151 of the mental health code, 1974 PA 258, MCL 330.1151.
Sec.
8-962. For the purposes of special projects involving high-need children or
adults, including the not guilty by reason of insanity population, the
department may contract directly with providers of services to these identified
populations.
Sec.
8-963. 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.
8-995. From the funds appropriated in part 1 for mental health diversion
council, $4,350,000.00 is intended to address the recommendations of the mental
health diversion council.
Sec.
8-996. From the funds appropriated in part 1 for family support subsidy, the
department shall make monthly payments of $229.31 to the parents or legal
guardians of children approved for the family support subsidy by a CMHSP.
Sec.
8-997. The population data used in determining the distribution of substance
use disorder block grant funds shall be from the most recent federal data from
the US Census Bureau.
Sec.
8-998. For distribution of state general funds to CMHSPs, if the department
decides to use census data, the department shall use the most recent federal
census data available.
Sec.
8-999. Within 30 days after the completion of a statewide PIHP reimbursement
audit, the department shall provide the audit report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget office.
BEHAVIORAL HEALTH SERVICES
Sec.
8-1001. By December 31 of the current fiscal year, each CMHSP shall submit a
report to the department that identifies populations being served by the CMHSP
broken down by program eligibility category. The report shall also include the
percentage of the operational budget that is related to program eligibility
enrollment. By February 15 of the current fiscal year, the department shall
submit the report described in this section to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office.
Sec.
8-1003. The department shall notify the Community Mental Health Association of
Michigan when developing policies and procedures that will impact PIHPs or
CMHSPs.
Sec.
8-1004. The department shall provide the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the state budget office any rebased formula changes to either Medicaid
behavioral health services or non-Medicaid mental health services before
implementation. The notification shall include a table showing the changes in
funding allocation by PIHP for Medicaid behavioral health services or by CMHSP
for non-Medicaid mental health services.
Sec.
8-1008. PIHPs and CMHSPs shall do all of the following:
(a)
Work to reduce administration costs by ensuring that PIHP and CMHSP responsible
functions are efficient in allowing optimal transition of dollars to those
direct services considered most effective in assisting individuals served. Any
consolidation of administrative functions must demonstrate, by independent
analysis, a reduction in dollars spent on administration resulting in greater
dollars spent on direct services. Savings resulting from increased efficiencies
shall not be applied to PIHP and CMHSP net assets, internal service fund
increases, building costs, increases in the number of PIHP and CMHSP personnel,
or other areas not directly related to the delivery of improved services.
(b)
Take an active role in managing mental health care by ensuring consistent and
high-quality service delivery throughout its network and promote a
conflict-free care management environment.
(c)
Ensure that direct service rate variances are related to the level of need or
other quantifiable measures to ensure that the most money possible reaches
direct services.
(d)
Whenever possible, promote fair and adequate direct care reimbursement,
including fair wages for direct service workers.
Sec.
8-1009. (1) From the funds appropriated in part 1 for Medicaid mental health
services and Healthy Michigan plan - behavioral health, the department shall
maintain the hourly wage for direct care workers from the previous fiscal year.
Funds provided in this section must be utilized by a PIHP to maintain the wage
increase for direct care worker wages, for the employer's share of federal
insurance contributions act costs, purchasing worker's compensation insurance,
or the employer's share of unemployment costs.
(2)
Each PIHP shall report to the department by February 1 of the current fiscal
year the range of wages paid to direct care workers, including information on
the number of direct care workers at each wage level.
(3)
The department shall report the information required to be reported according
to subsection (2) to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office by March 1 of the current fiscal
year.
Sec.
8-1010. The funds appropriated in part 1 for behavioral health community
supports and services must be used to expand assertive community treatment
(ACT), forensic assertive community treatment (FACT), and supportive housing
and residential programs for the purpose of reducing waiting lists at
state-operated hospitals and centers through cost-effective community-based
services.
STATE PSYCHIATRIC HOSPITALS AND
FORENSIC MENTAL HEALTH SERVICES
Sec.
8-1051. The department shall continue a revenue recapture project to generate
additional revenues from third parties related to cases that have been closed
or are inactive. A portion of revenues collected through project efforts may be
used for departmental costs and contractual fees associated with these
retroactive collections and to improve ongoing departmental reimbursement
management functions.
Sec.
8-1052. The purpose of gifts and bequests for patient living and treatment
environments is to use additional private funds to provide specific
enhancements for individuals residing at state-operated facilities. Use of the
gifts and bequests shall be consistent with the stipulation of the donor. The
expected completion date for the use of gifts and bequests donations is within
3 years unless otherwise stipulated by the donor.
Sec.
8-1055. (1) The department shall not implement any closures or consolidations
of state hospitals, centers, or agencies until CMHSPs or PIHPs have programs
and services in place for those individuals currently in those facilities and a
plan for service provision for those individuals who would have been admitted
to those facilities.
(2)
All closures or consolidations are dependent upon adequate department-approved
CMHSP and PIHP plans that include a discharge and aftercare plan for each
individual currently in the facility. A discharge and aftercare plan shall
address the individual's housing needs. A homeless shelter or similar temporary
shelter arrangements are inadequate to meet the individual's housing needs.
(3)
Four months after the certification of closure required in section 19(6) of the
state employees' retirement act, 1943 PA 240, MCL 38.19, the department shall
provide a closure plan to the house and senate appropriations subcommittees on
the department budget and the state budget director.
(4)
Upon the closure of state-run operations and after transitional costs have been
paid, the remaining balances of funds appropriated for that operation shall be
transferred to CMHSPs or PIHPs responsible for providing services for
individuals previously served by the operations.
Sec.
8-1056. The department may collect revenue for patient reimbursement from
first- and third-party payers, including Medicaid and local county CMHSP
payers, to cover the cost of placement in state hospitals and centers. The
department is authorized to adjust financing sources for patient reimbursement
based on actual revenues earned. If the revenue collected exceeds current year
expenditures, the revenue may be carried forward with approval of the state
budget director. The revenue carried forward shall be used as a first source of
funds in the subsequent year.
Sec.
8-1058. Effective October 1 of the current fiscal year, the department, in
consultation with the department of technology, management, and budget, may
maintain a bid process to identify 1 or more private contractors to provide
food service and custodial services for the administrative areas at any state
hospital identified by the department as capable of generating savings through
the outsourcing of such services.
Sec.
8-1059. (1) The department shall identify specific outcomes and performance
measures for state-operated hospitals and centers, including, but not limited
to, the following:
(a)
The average wait time for persons determined incompetent to stand trial before
admission to the center for forensic psychiatry.
(b)
The average wait time for persons determined incompetent to stand trial before
admission to other state-operated psychiatric facilities.
(c)
The number of persons waiting to receive services at the center for forensic
psychiatry.
(d)
The number of persons waiting to receive services at other state-operated
hospitals and centers.
(e)
The number of persons determined not guilty by reason of insanity or
incompetent to stand trial by an order of a probate court that have been
determined to be ready for discharge to the community, and the average wait
time between being determined to be ready for discharge to the community and
actual community placement.
(f)
The number of persons denied services at the center for forensic psychiatry.
(g)
The number of persons denied services at other state-operated hospitals and
centers.
(2)
By March 1 of the current fiscal year, the department shall report to the house
and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office on the outcomes and performance measures in subsection (1).
Sec.
8-1061. The funds appropriated in part 1 for Caro Regional Mental Health Center
shall only be utilized to support a psychiatric hospital located at its current
location. Capital outlay funding shall be utilized for planning and
construction of a new or updated facility at the current location instead of at
a new location.
HEALTH AND HUMAN SERVICES POLICY AND
INITIATIVES
Sec.
8-1140. From the funds appropriated in part 1 for primary care services,
$400,000.00 shall be allocated to free health clinics operating in the state.
The department shall distribute the funds equally to each free health clinic.
For the purpose of this appropriation, "free health clinics" means
nonprofit organizations that use volunteer health professionals to provide care
to uninsured individuals.
Sec.
8-1142. The department shall continue to seek means to increase retention of
Michigan medical school students for completion of their primary care residency
requirements within this state and ultimately, for some period of time, to remain
in this state and serve as primary care physicians. The department is
encouraged to work with Michigan institutions of higher education.
Sec.
8-1143. From the funds appropriated in part 1 for primary care services, the
department shall allocate no less than $675,000.00 for island primary health
care access and services including island clinics, in the following amounts:
(a)
Beaver Island, $250,000.00.
(b)
Mackinac Island, $250,000.00.
(c)
Drummond Island, $150,000.00.
(d)
Bois Blanc Island, $25,000.00.
Sec.
8-1145. The department will take steps necessary to work with Indian Health
Service, tribal health program facilities, or Urban Indian Health Program
facilities that provide services under a contract with a Medicaid managed care
entity to ensure that those facilities receive the maximum amount allowable
under federal law for Medicaid services.
EPIDEMIOLOGY, EMERGENCY MEDICAL
SERVICES, AND LABORATORY
Sec.
8-1180. From the funds appropriated in part 1 for epidemiology administration
and for childhood lead program, the department shall maintain a public health
drinking water unit and maintain enhanced efforts to monitor child blood lead
levels. The public health drinking water unit shall ensure that appropriate
investigations of potential health hazards occur for all community and
noncommunity drinking water supplies where chemical exceedances of action
levels, health advisory levels, or maximum contaminant limits are identified.
The goals of the childhood lead program shall include improving the
identification of affected children, the timeliness of case follow-up, and
attainment of nurse care management for children with lead exposure, and to
achieve a long-term reduction in the percentage of children in this state with
elevated blood lead levels.
Sec.
8-1181. From the funds appropriated in part 1 for epidemiology administration,
the department shall maintain a vapor intrusion response unit. The vapor
intrusion response unit shall assess risks to public health at vapor intrusion
sites and respond to vapor intrusion risks where appropriate. The goals of the
vapor intrusion response unit shall include reducing the number of residents of
this state exposed to toxic substances through vapor intrusion and improving
health outcomes for individuals that are identified as having been exposed to
vapor intrusion.
Sec.
8-1182. (1) From the funds appropriated in part 1 for the healthy homes
program, no less than $4,607,400.00 of general fund/general purpose funds and
$20,942,600.00 of federal funds shall be allocated for lead abatement of homes.
(2)
By January 1 of the current fiscal year, the department shall provide a report
to the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the state budget office on the
expenditures and activities undertaken by the lead abatement program in the
previous fiscal year from the funds appropriated in part 1 for the healthy
homes program. The report shall include, but is not limited to, a funding
allocation schedule, expenditures by category of expenditure and by
subcontractor, revenues received, description of program elements, and
description of program accomplishments and progress.
LOCAL HEALTH AND ADMINISTRATIVE
SERVICES
Sec.
8-1220. The amount appropriated in part 1 for implementation of the 1993
additions of or amendments to sections 9161, 16221, 16226, 17014, 17015, and
17515 of the public health code, 1978 PA 368, MCL 333.9161, 333.16221,
333.16226, 333.17014, 333.17015, and 333.17515, shall be used to reimburse
local health departments for costs incurred related to implementation of
section 17015(18) of the public health code, 1978 PA 368, MCL 333.17015.
Sec.
8-1221. If a county that has participated in a district health department or an
associated arrangement with other local health departments takes action to
cease to participate in such an arrangement after October 1 of the current
fiscal year, the department shall have the authority to assess a penalty from
the local health department's operational accounts in an amount equal to no
more than 6.25% of the local health department's essential local public health
services funding. This penalty shall only be assessed to the local county that
requests the dissolution of the health department.
Sec.
8-1222. (1) Funds appropriated in part 1 for essential local public health
services shall be prospectively allocated to local health departments to
support immunizations, infectious disease control, sexually transmitted disease
control and prevention, hearing screening, vision services, food protection,
public water supply, private groundwater supply, and on-site sewage management.
Food protection shall be provided in consultation with the department of
agriculture and rural development. Public water supply, private groundwater
supply, and on-site sewage management shall be provided in consultation with
the department of environment, Great Lakes, and energy.
(2)
Local public health departments shall be held to contractual standards for the
services in subsection (1).
(3)
Distributions in subsection (1) shall be made only to counties that maintain
local spending in the current fiscal year of at least the amount expended in
fiscal year 1992-1993 for the services described in subsection (1).
(4)
By February 1 of the current fiscal year, the department shall provide a report
to the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the state budget director on the
planned allocation of the funds appropriated for essential local public health
services.
Sec.
8-1225. The department shall work with the Michigan health endowment fund
corporation established under section 653 of the nonprofit health care
corporation reform act, 1980 PA 350, MCL 550.1653, to explore ways to fund and
evaluate current and future policies and programs.
Sec.
8-1226. From the funds appropriated in part 1 for chronic disease control and
health promotion administration, $1,000,000.00 shall be allocated for a school
children's healthy exercise program to promote and advance physical health for
school children in kindergarten through grade 8. The department shall recommend
model programs for sites to implement that incorporate evidence-based best
practices. The department shall grant no less than 1/2 of the funds
appropriated in part 1 for before- and after-school programs. The department
shall establish guidelines for program sites, which may include schools,
community-based organizations, private facilities, recreation centers, or other
similar sites. The program format shall encourage local determination of site
activities and shall encourage local inclusion of youth in the decision-making
regarding site activities. Program goals shall include children experiencing
improved physical health and access to physical activity opportunities, the
reduction of obesity, providing a safe place to play and exercise, and
nutrition education. To be eligible to participate, program sites shall provide
a 20% match to the state funding, which may be provided in full, or in part, by
a corporation, foundation, or private partner. The department shall seek
financial support from corporate, foundation, or other private partners for the
program or for individual program sites.
Sec.
8-1227. The department shall establish criteria for all funds allocated for
health and wellness initiatives. The criteria must include a requirement that
all programs funded be evidence-based and supported by research, include
interventions that have been shown to demonstrate outcomes that lower cost and
improve quality, and be designed for statewide impact. Preference must be given
to programs that utilize the funding as match for additional resources,
including, but not limited to, federal sources.
Sec.
8-1231. (1) From the funds appropriated for local health services, up to
$4,750,000.00 shall be allocated for grants to local public health departments
to support PFAS response and emerging public health threat activities. A
portion of the funding shall be allocated by the department in a collaborative
fashion with local public health departments in jurisdictions experiencing PFAS
contamination. The remainder of the funding shall be allocated to address
infectious and vector-borne disease threats, and other environmental contamination
issues such as vapor intrusion, drinking water contamination, and lead
exposure. The funding shall be allocated to address issues including, but not
limited to, staffing, planning and response, and creation and dissemination of
materials related to PFAS contamination issues and other emerging public health
issues and threats.
(2)
By February 1 of the current fiscal year, the department shall provide a report
to the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the state budget office on actual
expenditures in the previous fiscal year and planned spending in the current
fiscal year of the funds described in subsection (1), including recipient
entities, amount of allocation, general category of allocation, and detailed
uses.
Sec.
8-1232. The department may work to ensure the United States Department of
Defense shall reimburse the state for costs associated with PFAS and
environmental contamination response at military training sites and support
facilities.
Sec.
8-1233. General fund and state restricted fund appropriations in part 1 shall
not be expended for PFAS and environmental contamination response where federal
funding or private grant funding is available for the same expenditures.
Sec.
8-1234. From the funds appropriated in part 1 for essential local public health
services, each local public health department is allocated not less than the
amount allocated to that local public health department during the previous
fiscal year.
Sec.
8-1239. The department shall participate in and give necessary assistance to
the Michigan PFAS action response team (MPART) pursuant to Executive Order No.
2019-03. The department shall collaborate with MPART and other departments to
carry out appropriate activities, actions, and recommendations as coordinated
by MPART. Efforts shall be continuous to ensure that the department's
activities are not duplicative with activities of another department or agency.
FAMILY HEALTH SERVICES
Sec.
8-1301. (1) Before April 1 of the current fiscal year, the department shall
submit a report to the house and senate fiscal agencies and the state budget
director on planned allocations from the amounts appropriated in part 1 for
local MCH services, prenatal care outreach and service delivery support, family
planning local agreements, and pregnancy prevention programs. Using applicable
federal definitions, the report shall include information on all of the
following:
(a)
Funding allocations.
(b)
Actual number of women, children, and adolescents served and amounts expended
for each group for the immediately preceding fiscal year.
(c)
A breakdown of the expenditure of these funds between urban and rural
communities.
(2)
The department shall ensure that the distribution of funds through the programs
described in subsection (1) takes into account the needs of rural communities.
(3)
For the purposes of this section, "rural" means a county, city,
village, or township with a population of 30,000 or less, including those
entities if located within a metropolitan statistical area.
Sec.
8-1306. (1) From the funds appropriated in part 1 for the drinking water
declaration of emergency, the department shall allocate funds to address needs
in a city in which a declaration of emergency was issued because of drinking
water contamination. These funds may support, but are not limited to, the
following activities:
(a)
Nutrition assistance, nutritional and community education, food bank resources,
and food inspections.
(b)
Epidemiological analysis and case management of individuals at risk of elevated
blood lead levels.
(c)
Support for child and adolescent health centers, children's healthcare access
program, and pathways to potential programming.
(d)
Nursing services, breastfeeding education, evidence-based home visiting
programs, intensive services, and outreach for children exposed to lead
coordinated through local community mental health organizations.
(e)
Department field operations costs.
(f)
Lead poisoning surveillance, investigations, treatment, and abatement.
(g)
Nutritional incentives provided to local residents through the Double Up Food
Bucks Expansion Program.
(h)
Genesee County health department food inspectors to perform water testing at
local food service establishments.
(i)
Transportation related to health care delivery.
(j)
Senior initiatives.
(k)
Lead abatement contractor workforce development.
(2)
From the funds appropriated in part 1 for the drinking water declaration of
emergency, the department shall allocate $300,000.00 for Revive Community
Health Center for health support services as the center pursues certification
as a federally qualified health center.
(3)
From the funds appropriated in part 1 for the drinking water declaration of
emergency, the department shall allocate $500,000.00 for Rides to Wellness
through the Flint mass transportation authority.
Sec.
8-1308. From the funds appropriated in part 1 for prenatal care outreach and
service delivery support, not less than $500,000.00 of funding shall be
allocated for evidence-based programs to reduce infant mortality including
nurse family partnership programs. The funds shall be used for enhanced support
and education to nursing teams or other teams of qualified health
professionals, client recruitment in areas designated as underserved for
obstetrical and gynecological services and other high-need communities,
strategic planning to expand and sustain programs, and marketing and
communications of programs to raise awareness, engage stakeholders, and recruit
nurses.
Sec.
8-1311. From the funds appropriated in part 1 for prenatal care outreach and
service delivery support, not less than $2,750,000.00 state general
fund/general purpose funds shall be allocated for a rural home visit program.
Equal consideration shall be given to all eligible evidence-based providers in
all regions in contracting for rural home visitation services.
Sec.
8-1313. (1) The department shall continue developing an outreach program on
fetal alcohol syndrome services, targeting health promotion, prevention, and
intervention as described in the Michigan fetal alcohol spectrum disorders
5-year plan 2015-2020.
(2)
The department shall explore federal grant funding to address prevention
services for fetal alcohol syndrome and reduce alcohol consumption among
pregnant women.
Sec.
8-1314. The department shall seek to enhance education and outreach efforts
that encourage women of childbearing age to seek confirmation at the earliest
indication of possible pregnancy and initiate continuous and routine prenatal
care upon confirmation of pregnancy. The department shall seek to ensure that
department programs, policies, and practices promote prenatal and obstetrical
care by doing the following:
(a)
Supporting access to care.
(b)
Reducing and eliminating barriers to care.
(c)
Supporting recommendations for best practices.
(d)
Encouraging optimal prenatal habits such as prenatal medical visits, use of
prenatal vitamins, and cessation of use of tobacco, alcohol, or drugs.
(e)
Tracking of birth outcomes to study improvements in prevalence of fetal drug
addiction, fetal alcohol syndrome, and other preventable neonatal disease.
(f)
Tracking of maternal increase in healthy behaviors following childbirth.
Sec.
8-1315. (1) From the funds appropriated in part 1 for dental programs,
$150,000.00 shall be allocated to the Michigan Dental Association for the
administration of a volunteer dental program that provides dental services to
the uninsured.
(2)
By December 1 of the current fiscal year, the department shall report to the
senate and house appropriations subcommittees on the department budget, the
senate and house standing committees on health policy, the senate and house
fiscal agencies, and the state budget office the number of individual patients
treated, number of procedures performed, and approximate total market value of
those procedures from the previous fiscal year.
Sec.
8-1316. The department shall use revenue from mobile dentistry facility permit
fees received under section 21605 of the public health code, 1978 PA 368, MCL
333.21605, to offset the cost of the permit program.
Sec.
8-1317. (1) From the funds appropriated in part 1 for dental programs,
$550,000.00 of general fund/general purpose revenue and any associated federal
match shall be distributed to local health departments who partner with a
qualified nonprofit provider of dental services for the purpose of providing
high-quality dental homes for seniors, children, and adults enrolled in
Medicaid, and low-income uninsured.
(2)
In order to be considered a qualified nonprofit provider of dental services,
the provider must demonstrate the following:
(a)
An effective health insurance enrollment process for uninsured patients.
(b)
An effective process of charging patients on a sliding scale based on the
patient's ability to pay.
(c)
Utilization of additional fund sources including, but not limited to, federal
Medicaid matching funds.
(3)
Providers shall report to the department by September 30 of the current fiscal year
on outcomes and performance measures for the program under this section
including, but not limited to, the following:
(a)
The number of uninsured patients who visited a participating dentist over the
previous year, broken down between adults and children.
(b)
The number of patients assisted with health insurance enrollment, broken down
between adults and children.
(c)
A 5-year trend of the number of uninsured patients being served, broken down
between adults and children.
(d)
The number of unique patient visits by center.
(e)
The number of unique Medicaid or Healthy Michigan plan patients served broken
down by center.
(f)
The number of children, seniors, and veterans served broken down by center.
(g)
The total value of services rendered by the organization broken down by center.
(4)
Within 15 days after receipt of the report required in subsection (3), the
department shall provide a copy of the report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office.
Sec.
8-1321. From the funds appropriated in part 1 for dental programs,
$2,000,000.00 shall be allocated for an oral health assessment program for
children entering public school kindergarten. The program shall provide
assessments free of charge to children who do not have dental coverage. The
department shall consider cost-effectiveness and quality of services when
awarding contracts to administer and provide services under this program. The
department shall not mandate that local health departments provide assessments.
Sec.
8-1341. The department shall utilize income eligibility and verification
guidelines established by the Food and Nutrition Service agency of the United
States Department of Agriculture in determining eligibility of individuals for
the special supplemental nutrition program for women, infants, and children
(WIC) as stated in current WIC policy.
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 may spend those funds for the continued development and
expansion of telemedicine capacity to allow families with children in the
children's special health care services program to access specialty providers
more readily and in a more timely manner. The department may spend funds to
support chronic complex care management of children enrolled in the children's
special health care services program to minimize hospitalizations and reduce
costs to the program while improving outcomes and quality of life.
AGING AND ADULT SERVICES AGENCY
Sec.
8-1402. The department may encourage the Food Bank Council of Michigan to
collaborate directly with each area agency on aging and any other organizations
that provide senior nutrition services to secure the food access of 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.
MEDICAL SERVICES ADMINISTRATION
Sec.
8-1501. The unexpended funds appropriated in part 1 for the electronic health records
incentive program are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year
and shall be available for expenditures for projects under this section until
the projects have been completed. The following is in compliance with section
451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the work project is to implement the Medicaid electronic health
record program that provides financial incentive payments to Medicaid health
care providers to encourage the adoption and meaningful use of electronic
health records to improve quality, increase efficiency, and promote safety.
(b)
The projects will be accomplished by utilizing state employees or contracts
with service providers, or both, and according to the approved federal advanced
planning document.
(c)
The total estimated cost of the work project is $37,477,500.00.
(d)
The tentative completion date is September 30, 2025.
Sec.
8-1505. By March 1 of the current fiscal year, the department shall submit a
report to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the state budget office on
the actual reimbursement savings and cost offsets that have resulted from the
funds appropriated in part 1 for the office of inspector general and third
party liability efforts in the previous fiscal year.
Sec.
8-1506. 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 quarterly
reports on the implementation status of the public assistance call center that
include all of the following information:
(a)
Call volume during the prior quarter.
(b)
Percentage of calls resolved through the public assistance call center.
(c)
Percentage of calls transferred to a local department office or other office
for resolution.
Sec.
8-1509. By September 30 of the current fiscal year, the department shall report
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, the senate and house policy offices, and
the state budget office on the implementation of employment-related activity
requirements for medical assistance. The report shall include, but is not
limited to, the number of recipients who are noncompliant with the required
self-sufficiency goals, an explanation of the actions undertaken, and the
number of recipients subject to employment-related activity requirements.
Sec.
8-1511. On a monthly basis, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office on the utilization of workforce development programs by Healthy Michigan
plan recipients through Michigan Works!. The report shall include, but not be
limited to, all of the following:
(a)
The number of recipients currently receiving employment supports and services
through workforce development programs.
(b)
The total year-to-date number of recipients who have received employment
supports and services through workforce development programs.
(c)
The number of recipients who secured employment in this state after receiving
employment supports and services through workforce development programs.
(d)
A summary of employment supports and services provided to recipients through
workforce development programs.
Sec.
8-1513. (1) The department shall participate in a workgroup to determine an
equitable and adequate reimbursement methodology for Medicaid inpatient
psychiatric hospital care. The workgroup shall include representatives from the
department, CMHSPs, PIHPs, the Michigan Association of Health Plans, the
Michigan Health and Hospital Association, inpatient psychiatric facilities,
Blue Cross Blue Shield of Michigan, the Community Mental Health Association of
Michigan, and other individuals or organizations as determined appropriate by
the department.
(2)
The department shall assist in providing data to inform the workgroup
discussion, assist in modeling appropriate reimbursement methods, and assist in
developing the final report.
MEDICAL SERVICES
Sec.
8-1601. The cost of remedial services incurred by residents of licensed adult
foster care homes and licensed homes for the aged shall be used in determining
financial eligibility for the medically needy. Remedial services include basic
self-care and rehabilitation training for a resident.
Sec.
8-1605. The protected income level for Medicaid coverage determined pursuant to
section 106(1)(b)(iii) of the social welfare act, 1939 PA 280, MCL 400.106,
shall be 100% of the related public assistance standard.
Sec.
8-1606. For the purpose of guardian and conservator charges, the department may
deduct up to $83.00 per month as an allowable expense against a recipient's
income when determining medical services eligibility and patient pay amounts.
Sec.
8-1607. (1) An applicant for Medicaid, whose qualifying condition is pregnancy,
shall immediately be presumed to be eligible for Medicaid coverage unless the
preponderance of evidence in her application indicates otherwise. The applicant
who is qualified as described in this subsection shall be allowed to select or
remain with the Medicaid participating obstetrician of her choice.
(2)
All qualifying applicants shall be entitled to receive all medically necessary
obstetrical and prenatal care without preauthorization from a health plan. All
claims submitted for payment for obstetrical and prenatal care shall be paid at
the Medicaid fee-for-service rate in the event a contract does not exist
between the Medicaid participating obstetrical or prenatal care provider and
the managed care plan. The applicant shall receive a listing of Medicaid
physicians and managed care plans in the immediate vicinity of the applicant's
residence.
(3)
In the event that an applicant, presumed to be eligible pursuant to subsection
(1), is subsequently found to be ineligible, a Medicaid physician or managed
care plan that has been providing pregnancy services to an applicant under this
section is entitled to reimbursement for those services until such time as they
are notified by the department that the applicant was found to be ineligible
for Medicaid.
(4)
If the preponderance of evidence in an application indicates that the applicant
is not eligible for Medicaid, the department shall refer that applicant to the
nearest public health clinic or similar entity as a potential source for
receiving pregnancy-related services.
(5)
The department shall develop an enrollment process for pregnant women covered
under this section that facilitates the selection of a managed care plan at the
time of application.
(6)
The department shall mandate enrollment of women, whose qualifying condition is
pregnancy, into Medicaid managed care plans.
(7)
The department shall encourage physicians to provide women, whose qualifying
condition for Medicaid is pregnancy, with a referral to a Medicaid
participating dentist at the first pregnancy-related appointment.
Sec.
8-1611. (1) For care provided to medical services recipients with other
third-party sources of payment, medical services reimbursement shall not
exceed, in combination with such other resources, including Medicare, those
amounts established for medical services-only patients. The medical services
payment rate shall be accepted as payment in full. Other than an approved
medical services co-payment, no portion of a provider's charge shall be billed
to the recipient or any person acting on behalf of the recipient. Nothing in
this section shall be considered to affect the level of payment from a
third-party source other than the medical services program. The department
shall require a nonenrolled provider to accept medical services payments as
payment in full.
(2)
Notwithstanding subsection (1), medical services reimbursement for hospital
services provided to dual Medicare/ medical services recipients with Medicare
part B coverage only shall equal, when combined with payments for Medicare and
other third-party resources, if any, those amounts established for medical
services-only patients, including capital payments.
Sec.
8-1620. (1) For fee-for-service Medicaid claims, the professional dispensing
fee for drugs indicated as specialty medications on the Michigan pharmaceutical
products list is $20.02 or the pharmacy's usual or customary cash charge,
whichever is less.
(2)
For fee-for-service Medicaid claims, for drugs not indicated as specialty drugs
on the Michigan pharmaceutical products list, the professional dispensing fee
for medications is as follows:
(a)
For medications indicated as preferred on the department's preferred drug list,
$10.80 or the pharmacy's usual or customary cash charge, whichever is less.
(b)
For medications not on the department's preferred drug list, $10.64 or the
pharmacy's usual or customary cash charge, whichever is less.
(c)
For medications indicated as nonpreferred on the department's preferred drug
list, $9.00 or the pharmacy's usual or customary cash charge, whichever is
less.
(3)
The department shall require a prescription co-payment for Medicaid recipients
not enrolled in the Healthy Michigan plan or with an income less than 100% of
the federal poverty level of $1.00 for a generic drug indicated as preferred on
the department's preferred drug list and $3.00 for a brand-name drug indicated
as nonpreferred on the department's preferred drug list, except as prohibited
by federal or state law or regulation.
(4)
The department shall require a prescription co-payment for Medicaid recipients
enrolled in the Healthy Michigan plan with an income of at least 100% of the
federal poverty level of $4.00 for a generic drug indicated as preferred on the
department's preferred drug list and $8.00 for a brand-name drug indicated as
nonpreferred on the department's preferred drug list, except as prohibited by
federal or state law or regulation.
Sec.
8-1625. Beginning October 1, 2020, the department shall not enter into any
contract with a Medicaid managed care organization that does not, for
pharmacies with not more than 4 stores and department enrolled with provider
specialty of independent, utilize a pharmacy reimbursement that includes a
professional dispensing fee comparable to $3.00 or the pharmacy's usual
customary cash charge, whichever is less. The department shall identify the
pharmacies this section applies to and provide the list of applicable
pharmacies to the Medicaid managed care organizations.
Sec.
8-1629. The department shall utilize maximum allowable cost pricing for generic
drugs that is based on wholesaler pricing to providers that is available from
at least 2 wholesalers who deliver in this state.
Sec.
8-1631. (1) The department shall require co-payments on dental, podiatric, and
vision services provided to Medicaid recipients, except as prohibited by
federal or state law or regulation.
(2)
Except as otherwise prohibited by federal or state law or regulation, the
department shall require Medicaid recipients not enrolled in the Healthy
Michigan plan or with an income less than 100% of the federal poverty level to
pay not less than the following co-payments:
(a)
Two dollars for a physician office visit.
(b)
Three dollars for a hospital emergency room visit.
(c)
Fifty dollars for the first day of an inpatient hospital stay.
(d)
Two dollars for an outpatient hospital visit.
(3)
Except as otherwise prohibited by federal or state law or regulation, the
department shall require Medicaid recipients enrolled in the Healthy Michigan
plan with an income of at least 100% of the federal poverty level to pay the
following co-payments:
(a)
Four dollars for a physician office visit.
(b)
Eight dollars for a hospital emergency room visit.
(c)
One hundred dollars for the first day of an inpatient hospital stay.
(d)
Four dollars for an outpatient hospital visit or any other medical provider
visit to the extent allowed by federal or state law or regulation.
Sec.
8-1641. An institutional provider that is required to submit a cost report
under the medical services program shall submit cost reports completed in full
within 5 months after the end of its fiscal year.
Sec.
8-1657. (1) Reimbursement for medical services to screen and stabilize a
Medicaid recipient, including stabilization of a psychiatric crisis, in a
hospital emergency room shall not be made contingent on obtaining prior
authorization from the recipient's HMO. If the recipient is discharged from the
emergency room, the hospital shall notify the recipient's HMO within 24 hours
of the diagnosis and treatment received.
(2)
If the treating hospital determines that the recipient will require further
medical service or hospitalization beyond the point of stabilization, that
hospital shall receive authorization from the recipient's HMO prior to
admitting the recipient.
(3)
Subsections (1) and (2) do not require an alteration to an existing agreement
between an HMO and its contracting hospitals and do not require an HMO to reimburse
for services that are not considered to be medically necessary.
Sec.
8-1662. (1) The department shall ensure that an external quality review of each
contracting HMO is performed that results in an analysis and evaluation of
aggregated information on quality, timeliness, and access to health care
services that the HMO or its contractors furnish to Medicaid beneficiaries.
(2)
The department shall require Medicaid HMOs to provide EPSDT utilization data
through the encounter data system, and HEDIS well child health measures in
accordance with the National Committee for Quality Assurance prescribed
methodology.
(3)
The department shall provide a copy of the analysis of the Medicaid HMO annual
audited HEDIS reports and the annual external quality review report to the
senate and house 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, $1,121,400.00 of general fund/general purpose revenue and any
associated federal match shall be distributed for poison control services to an
academic health care system that has a high indigent care volume.
Sec.
8-1697. The department shall require that Medicaid health plans administering
Healthy Michigan plan benefits maintain a network of dental providers in
sufficient numbers, mix, and geographic locations throughout their respective
service areas in order to provide adequate dental care for Healthy Michigan
plan enrollees.
Sec.
8-1699. (1) The department may make separate payments in the amount of
$45,000,000.00 directly to qualifying hospitals serving a disproportionate
share of indigent patients and to hospitals providing GME training programs. If
direct payment for GME and DSH is made to qualifying hospitals for services to
Medicaid recipients, hospitals shall not include GME costs or DSH payments in
their contracts with HMOs.
(2)
The department shall allocate $45,000,000.00 in DSH funding using the
distribution methodology used in fiscal year 2003-2004.
Sec.
8-1700. By December 1 of the current fiscal year, the department shall report
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget office on the
distribution of funding provided, and the net benefit if the special hospital
payment is not financed with general fund/general purpose revenue, to each
eligible hospital during the previous fiscal year from the following special
hospital payments:
(a)
DSH, separated out by unique DSH pool.
(b)
GME.
(c)
Special rural hospital payments provided under section 1802(2) of this part.
(d)
Lump-sum payments to rural hospitals for obstetrical care provided under
section 1802(1) of this part.
Sec.
8-1702. From the funds appropriated in part 1, the department shall allocate
$8,656,300.00 to support a 25% rate increase beginning October 1 of the current
fiscal year for private duty nursing services for Medicaid beneficiaries under
the age of 21. These additional funds must be used to attract and retain highly
qualified registered nurses and licensed practical nurses to provide private
duty nursing services so that medically frail children can be cared for in the
most homelike setting possible.
Sec.
8-1704. (1) From the funds appropriated in part 1 for health plan services, the
department shall maintain the Medicaid adult dental benefit for pregnant women
enrolled in a Medicaid program.
(2)
The department shall report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the state budget office on the following:
(a)
The number of pregnant women enrolled in Medicaid who visited a dentist over
the prior year.
(b)
The number of dentists statewide who participate in providing dental services
to pregnant women enrolled in Medicaid.
Sec.
8-1757. The department shall obtain proof from all Medicaid recipients that
they are legal United States citizens or otherwise legally residing in this
country and that they are residents of this state before approving Medicaid
eligibility.
Sec.
8-1764. The department shall annually certify whether rates paid to Medicaid
health plans and specialty PIHPs are actuarially sound in accordance with
federal requirements and shall provide a copy of the rate certification and approval
of rates paid to Medicaid health plans and specialty PIHPs within 5 business
days after certification or approval to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the state budget office. Following the rate certification, the department
shall ensure that no new or revised state Medicaid policy bulletin that is
promulgated materially impacts the capitation rates that have been certified in
a negative manner.
Sec.
8-1775. (1) By March 1 of the current fiscal year, the department shall report
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget office on progress
in implementing the waiver to implement managed care for individuals who are
eligible for both Medicare and Medicaid, known as MI Health Link, including any
problems and potential solutions as identified by the ombudsman described in
subsection (2).
(2)
The department shall ensure the existence of an ombudsman program that is not
associated with any project service manager or provider to assist MI Health
Link beneficiaries with navigating complaint and dispute resolution mechanisms
and to identify problems in the demonstrations and in the complaint and dispute
resolution mechanisms.
Sec.
8-1782. Subject to federal approval, from the funds appropriated in part 1 for
health plan services, the department shall allocate $740,000.00 general
fund/general purpose plus any available work project funds and federal match
through an administered contract with oversight from Medical Services
Administration and Public Health Administration. The funds shall be used to
support a statewide media campaign for improving this state's immunization
rates.
Sec.
8-1801. From the funds appropriated in part 1 for physician services and health
plan services, the department shall continue the increase to Medicaid rates for
primary care services provided only by primary care providers. For the purpose
of this section, a primary care provider is a physician, or a practitioner
working in collaboration with a physician, who is either licensed under part
170 or part 175 of the public health code, 1978 PA 368, MCL 333.17001 to
333.17097 and 333.17501 to 333.17556, and working as a primary care provider in
general practice or board-eligible or certified with a specialty designation of
family medicine, general internal medicine, or pediatric medicine, or a
provider who provides the department with documentation of equivalency. Providers
performing a service and whose primary practice is as a non-primary-care
subspecialty is not eligible for the increase. The department shall establish
policies that most effectively limit the increase to primary care providers for
primary care services only.
Sec.
8-1802. (1) From the funds appropriated in part 1 for hospital services and
therapy, $7,995,200.00 in general fund/general purpose revenue shall be
provided as lump-sum payments to noncritical access hospitals that qualified
for rural hospital access payments in fiscal year 2013-2014 and that provide
obstetrical care in the current fiscal year. Payment amounts shall be based on
the volume of obstetrical care cases and newborn care cases for all such cases
billed by each qualified hospital in the most recent year for which data is
available. Payments shall be made by January 1 of the current fiscal year.
(2)
From the funds appropriated in part 1 for hospital services and therapy and
Healthy Michigan plan, $13,904,800.00 in general fund/general purpose revenue
and any associated federal match shall be awarded as rural access payments to
noncritical access hospitals that meet criteria established by the department
for services to low-income rural residents. One of the reimbursement components
of the distribution formula shall be assistance with labor and delivery
services. The department shall ensure that the rural access payments described
in this subsection shall be distributed in a manner that ensures both of the
following:
(a)
No hospital or hospital system shall receive more than 10.0% of the total rural
access funding referenced in this subsection.
(b)
To allow hospitals to understand their rural payment amounts under this
subsection, the department shall provide hospitals with the methodology for
distribution under this subsection and provide each hospital with its
applicable data that are used to determine the payment amounts by August 1 of
the current fiscal year. The department shall publish the distribution of
payments for the current fiscal year and the immediately preceding fiscal year.
Sec.
8-1810. In advance of the annual rate setting development, Medicaid health
plans shall be given at least 60 days to dispute and correct any discarded
encounter data before rates are certified. The department shall notify each
contracting Medicaid health plan of any encounter data that have not been
accepted for the purposes of rate setting.
Sec.
8-1820. (1) In order to avoid duplication of efforts, the department shall
utilize applicable national accreditation review criteria to determine
compliance with corresponding state requirements for Medicaid health plans that
have been reviewed and accredited by a national accrediting entity for health
care services.
(2)
The department shall continue to comply with state and federal law and shall
not initiate an action that negatively impacts beneficiary safety.
(3)
As used in this section, "national accrediting entity" means the
National Committee for Quality Assurance, the URAC, formerly known as the Utilization
Review Accreditation Commission, or other appropriate entity, as approved by
the department.
Sec.
8-1837. The department shall continue, and expand where appropriate,
utilization of telemedicine and telepsychiatry as strategies to increase access
to services for Medicaid recipients.
Sec.
8-1846. From the funds appropriated in part 1 for graduate medical education,
the department shall distribute the funds with an emphasis on the following
health care workforce goals:
(a)
The encouragement of the training of physicians in specialties, including
primary care, that are necessary to meet the future needs of residents of this
state.
(b)
The training of physicians in settings that include ambulatory sites and rural
locations.
Sec.
8-1850. The department may allow Medicaid health plans to assist with
maintaining eligibility through outreach activities to ensure continuation of
Medicaid eligibility and enrollment in managed care. This may include mailings,
telephone contact, or face-to-face contact with beneficiaries enrolled in the
individual Medicaid health plan. Health plans may offer assistance in
completing paperwork for beneficiaries enrolled in their plan.
Sec.
8-1851. From the funds appropriated in part 1 for adult home help services, the
department shall allocate $150,000.00 state general fund/general purpose
revenue plus any associated federal match to develop and deploy a mobile
electronic visit verification solution to create administrative efficiencies,
reduce error, and minimize fraud. The development of the solution shall be
predicated on input from the results of the 2017 stakeholder survey.
Sec.
8-1855. From the funds appropriated in part 1 for program of all-inclusive care
for the elderly (PACE), to the extent that funding is available in the PACE
line item and unused program slots are available, the department may do the
following:
(a)
Increase the number of slots for an already-established local PACE program if
the local PACE program has provided appropriate documentation to the department
indicating its ability to expand capacity to provide services to additional
PACE clients.
(b)
Suspend the 10 member per month individual PACE program enrollment increase cap
in order to allow unused and unobligated slots to be allocated to address unmet
demand for PACE services.
Sec.
8-1856. From the funds appropriated in part 1 for hospice services, the
department shall contract 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 residencies must have
been enrolled with Medicaid by October 1, 2014. The department shall make
funding available based on the number of licensed beds at each participating
facility. If there is funding remaining at the end of the current fiscal year,
the Medicaid-enrolled hospice with a residence shall return funding to the
state.
Sec.
8-1859. The department shall partner with the Michigan Association of Health
Plans (MAHP) and Medicaid health plans to develop and implement strategies for
the use of information technology services for Medicaid research activities.
The department shall make available state medical assistance program data,
including Medicaid behavioral data, to MAHP and Medicaid health plans or any
vendor considered qualified by the department for the purpose of research
activities consistent with this state's goals of improving health; increasing
the quality, reliability, availability, and continuity of care; and reducing
the cost of care for the eligible population of Medicaid recipients.
Sec.
8-1860. By March 1 of the current fiscal year, the department shall provide a
report to the senate and house appropriations subcommittees, the senate and
house fiscal agencies, and the state budget office on uncollected co-pays and
premiums in the Healthy Michigan plan. The report shall include information on
the number of participants who have not paid their co-pays and premiums, the
total amount of uncollected co-pays and premiums, and steps taken by the
department and health plans to ensure greater collection of co-pays and
premiums.
Sec.
8-1862. From the funds appropriated in part 1, the department shall maintain
payment rates for Medicaid obstetrical services at 95% of Medicare levels
effective October 1, 2014.
Sec.
8-1870. From the funds appropriated in part 1 for hospital services and
therapy, the department shall appropriate $2,250,000.00 in general fund/general
purpose revenue plus any contributions from public entities, up to
$5,000,000.00, and any associated federal match to the MiDocs consortium to
create new primary care residency slots in underserved communities. The new
primary care residency slots must be in 1 of the following specialties: family
medicine, general internal medicine, general pediatrics, general OB-GYN,
psychiatry, or general surgery.
Sec.
8-1871. The funds appropriated in part 1 for the Healthy Michigan plan healthy
behaviors incentives program shall only provide reductions in cost-sharing
responsibilities and shall not include other financial rewards such as gift
cards.
Sec.
8-1872. From the funds appropriated in part 1 for personal care services, the
department shall maintain the monthly Medicaid personal care supplement paid to
adult foster care facilities and homes for the aged that provide personal care
services to Medicaid recipients in place during the previous fiscal year.
Sec.
8-1873. From the funds appropriated in part 1 for long-term care services, the
department may allocate up to $3,700,000.00 for the purpose of outreach and
education to nursing home residents and the coordination of housing in order to
move out of the facility. In addition, any funds appropriated shall be used for
other quality improvement activities of the program. The department shall
consider working with all relevant stakeholders to develop a plan for the
ongoing sustainability of the nursing facility transition initiative.
Sec.
8-1874. The department shall ensure, in counties where program of all-inclusive
care for the elderly or PACE services are available, that the program of
all-inclusive care for the elderly (PACE) is included as an option in all
options counseling and enrollment brokering for aging services and managed care
programs, including, but not limited to, Area Agencies on Aging, centers for
independent living, and the MiChoice home and community-based waiver. Such
options counseling must include approved marketing and discussion materials.
Sec.
8-1875. (1) The department and its contractual agents may not subject Medicaid
prescriptions to prior authorization procedures during the current fiscal year
if that drug is carved out or is not subject to prior authorization procedures
as of May 9, 2016, and is generally recognized in a standard medical reference
or the American Psychiatric Association's Diagnostic and Statistical Manual for
the Treatment of a Psychiatric Disorder.
(2)
The department and its contractual agents may not subject Medicaid
prescriptions to prior authorization procedures during the current fiscal year
if that drug is carved out or is not subject to prior authorization procedures
as of May 9, 2016 and is a prescription drug that is generally recognized in a
standard medical reference for the treatment of human immunodeficiency virus or
acquired immunodeficiency syndrome, epilepsy or seizure disorder, or organ
replacement therapy.
(3)
As used in this section, "prior authorization" means a process
implemented by the department or its contractual agents that conditions,
delays, or denies delivery or particular pharmacy services to Medicaid
beneficiaries upon application of predetermined criteria by the department or
its contractual agents to those pharmacy services. The process of prior
authorization often requires that a prescriber do 1 or both of the following:
(a)
Obtain preapproval from the department or its contractual agents before
prescribing a given drug.
(b)
Verify to the department or its contractual agents that the use of a drug
prescribed for an individual meets predetermined criteria from the department
or its contractual agents for a prescription drug that is otherwise available
under the Medicaid program in this state.
Sec.
8-1878. (1) The department shall maintain a single, standard preferred drug
list to be used by all contracted Medicaid managed health care programs.
Changes to the preferred drug list shall be made in consultation with all
contracted managed health care programs and the state pharmacy and therapeutics
committee to ensure sufficient access to medically necessary drugs for each
disease state. The department shall have final authority over the list and it
shall be designed to maximize federal rebates and supplemental rebates and
ensure access to clinically effective and appropriate drug therapies under each
class.
(2)
By September 30 of the current fiscal year, the department shall submit a
report that compares the managed care pharmacy expenditures in the fiscal year
ending September 30, 2020 to current fiscal year expenditures from October 1,
2020 through March 31, 2021. The report shall include data on collected rebates
and expenditures for the fiscal year ending on September 30, 2020 and the
current fiscal year from October 1, 2020 through March 31, 2021. The data shall
be aggregated by the department so as not to disclose the proprietary or
confidential drug-specific information, or the proprietary or confidential
information that directly or indirectly identifies financial information linked
to a single manufacturer. The report shall include any administrative costs or
savings associated with the continued implementation of a single, standard
Medicaid preferred drug list.
Sec.
8-1888. The department shall establish contract performance standards
associated with the capitation withhold provisions for Medicaid health plans at
least 3 months in advance of the implementation of those standards. The
determination of whether performance standards have been met shall be based
primarily on recognized concepts such as 1-year continuous enrollment and the
healthcare effectiveness data and information set, HEDIS, audited data.
Sec.
8-1894. By March 1 of the current fiscal year, the department shall report to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office on the Healthy Kids Dental program. The report shall
include, but is not limited to, the following:
(a)
The number of children enrolled in the Healthy Kids Dental program who visited
the dentist during the previous fiscal year broken down by dental benefit
manager.
(b)
The number of dentists who accept payment from the Healthy Kids Dental program
broken down by dental benefit manager.
(c)
The annual change in dental utilization of children enrolled in the Healthy
Kids Dental program broken down by dental benefit manager.
(d)
Service expenditures for the Healthy Kids Dental program broken down by dental
benefit manager.
(e)
Administrative expenditures for the Healthy Kids Dental program broken down by
dental benefit manager.
INFORMATION TECHNOLOGY
Sec.
8-1901. (1) The department shall provide a report on a quarterly basis to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office on all of the following information:
(a)
The process used to define requests for proposals for each expansion of
information technology projects, including timelines, project milestones, and
intended outcomes.
(b)
If the department decides not to contract the services out to design and
implement each element of the information technology expansion, the department
shall submit its own project plan that includes, at a minimum, the requirements
in subdivision (a).
(c)
A recommended project management plan with milestones and time frames.
(d)
The proposed benefits from implementing the information technology expansion,
including customer service improvement, form reductions, potential time savings,
caseload reduction, and return on investment.
(e)
Details on the implementation of the integrated service delivery project, and
the progress toward meeting the outcomes and performance measures listed in
section 1904(2) of this part.
(f)
A list of projects approved in the previous quarter and the purpose for
approving each project including any federal, state, court, or legislative
requirement for each project.
(2)
Once an award for an expansion of information technology is made, the
department shall report to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, the senate and
house policy offices, and the state budget office a projected cost of the
expansion broken down by use and type of expense.
Sec.
8-1902. From the funds appropriated in part 1 for the Michigan Medicaid
information system (MMIS) line item, private revenue may be received from and
allocated for other states interested in participating as part of the broader
MMIS initiative. By March 1 of the current fiscal year, the department shall
provide a report on the use of MMIS by other states for the previous fiscal
year, including a list of states, type of use, and revenue and expenditures
related to the agreements with the other states to use the MMIS. The report
shall be provided to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the state budget
office.
Sec.
8-1903. (1) The department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office by November 1
of the current fiscal year the status of an implementation plan regarding the
appropriation in part 1 to modernize the MiSACWIS. The report shall include,
but not be limited to, an update on the status of the settlement and efforts to
bring the system in compliance with the settlement and other federal guidelines
set forth by the United States Department of Health and Human Services
Administration for Children and Families.
(2)
The department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office by November 1,
January 1, March 1, May 1, July 1, and September 1 of the current fiscal year a
status report on the planning, implementation, and operation, regardless of the
current operational status, regarding the appropriation in part 1 to implement
the MiSACWIS. The report shall provide details on the planning, implementation,
and operation of the system, including, but not limited to, all of the
following:
(a)
Areas where implementation went as planned, and in each area including whether
the implementation results in either enhanced user interface or portal access,
conversion to new modules, or substantial operation improvement to the MiSACWIS
system.
(b)
The number of known issues.
(c)
The average number of help tickets submitted per day.
(d)
Any additional overtime or other staffing costs to address known issues and
volume of help tickets.
(e)
Any contract revisions to address known issues and volume of help tickets.
(f)
Other strategies undertaken to improve implementation, and for each strategy
area including whether the implementation results in either enhanced user
interface or portal access, conversion to new modules, or substantial operation
improvement to the MiSACWIS system.
(g)
Progress developing cross-system trusted data exchange with MiSACWIS.
(h)
Progress in moving away from a statewide automated child welfare information
system (SACWIS) to a comprehensive child welfare information system (CCWIS).
(i)
Progress developing and implementing a program to monitor data quality.
(j)
Progress developing and implementing custom integrated systems for private
agencies.
(k)
A list of all change orders, planned or in progress.
(l)
The status of all change orders, planned or in progress.
(m)
The estimated costs for all planned change orders.
(n)
The estimated and actual costs for all change orders in progress.
Sec.
8-1904. (1) From the funds appropriated in part 1 for the technology supporting
integrated service delivery line item, the department shall maintain
information technology tools and enhance existing systems to improve the
eligibility and enrollment process for citizens accessing department
administered programs. This information technology system will consolidate
beneficiary information, support department caseworker efforts in building a
success plan for beneficiaries, and better support department staff in
supporting enrollees in assistance programs.
(2)
Outcomes and performance measures for the initiative under subsection (1)
include, but are not limited to, the following:
(a)
Successful consolidation of data warehouses maintained by the department.
(b)
The amount of time a department caseworker devotes to data entry when
initiating an enrollee application.
(c)
A reduction in wait times for persons enrolled in assistance programs to speak
with department staff and get necessary changes made.
(d)
A reduction in department caseworker workload.
Sec.
8-1905. (1) The department shall report on a monthly basis to the chairs of the
senate and house standing committees on appropriations, the senate and house
appropriations subcommittees on the department budget, the senate and house
appropriations subcommittees on the general government budget, the senate and
house fiscal agencies, the senate and house policy offices, and the state
budget office on all of the following:
(a)
Fiscal year-to-date information technology spending for the current fiscal year
by service and project and by line-item appropriation.
(b)
Planned information technology spending for the remainder of the current fiscal
year by service and project and by line-item appropriation.
(c)
Total fiscal year-to-date information technology spending and planned spending
for the current fiscal year by service and project and by line-item
appropriation.
(d)
A list of all information technology projects estimated to cost more than
$250,000.00 that exceed their allotted budget as well as all information
technology projects that have exceeded their allotted budget by 25% or more.
(2)
As used in subsection (1), "project" means all of, but not limited
to, the following major projects:
(a)
Community health automated Medicaid processing system (CHAMPS).
(b)
Bridges and MiBridges eligibility determination.
(c)
MiSACWIS.
(d)
Integrated service delivery.
(3)
By April 30 of the current fiscal year, the department shall provide to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office a 5-year strategic plan for information technology services
and projects for the department. The strategic plan shall identify any
scheduled changes in the federal and state shares of costs related to
information technology services and projects over the 5-year period. As part of
the strategic plan, the department shall include total information technology
expenditures from the previous fiscal year by fund source, total information
technology appropriations as a percentage of total department appropriations by
fund source, and a return on investment, by project, for all information
technology expenditures in the previous fiscal year.
Sec.
8-1907. By October 1 and March 1 of the current fiscal year, the department
shall report to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, the house and senate
policy offices, and the state budget office on all current, contracted
information technology-related projects, total contractual costs, spending in
previous fiscal years, planned spending for the current fiscal year, and fiscal
year-to-date spending, by project.
ONE-TIME APPROPRIATIONS
Sec.
8-1911. From the funds appropriated in part one for first responder and public
safety staff mental health the department shall allocate $2,500,000.00 towards
a program to support firefighters, police officers, emergency medical
technicians, dispatchers, and correctional officers suffering from
post-traumatic stress syndrome and other mental health conditions. The program
will primarily provide grants to behavioral health providers and may also
include funding to improve information and referrals for these services.
Sec.
8-1912. From the funds appropriated in part one for comprehensive child welfare
information system, the department shall develop a new information system to
replace MiSACWIS consistent with the plan provided by the department to the
U.S. District Court for the Eastern District of Michigan as a part of the
ongoing Children's Rights settlement agreement. The development of the CCWIS
shall adhere to Department of Technology, Management and Budget and IT
Investment Fund (ITIF) policies and practices, including use of the state
unified information technology environment methodology. The project team will
also participate in and comply with the Enterprise Portfolio Management Office
Process and Product Quality Assurance. To ensure full transparency, the project
will be included in the ITIF portfolio for executive, legislative and external
reporting purposes. As a component of the ITIF portfolio, the project will be
subject to governance and oversight by the IT investment management board.
Sec.
8-1913. From the funds appropriated in part one for lead poisoning prevention
fund, the department shall allocate $10,000,000.00 towards the establishment of
a lead poisoning prevention fund. The lead poisoning prevention fund would be
administered by an independent third party as a public private loan loss
reserve fund that would support loans to landlords and homeowners remediating
lead hazards from their property.
Sec.
8-1914. (1) From the funds appropriated in part 1 for MiDocs program, the
department shall appropriate $21,620,000.00 in general fund/general purpose
revenue plus any contributions from public entities, and any associated federal
match to the MiDocs consortium to support primary care residency slots in
underserved communities. The new primary care residency slots must be in 1 of
the following specialties: family medicine, general internal medicine, general
pediatrics, general obstetrics and gynecology, psychiatry, or general surgery.
(2)
Assistance with repayment of medical education loans, loan interest payments,
or scholarships provided by MiDocs shall be contingent upon a minimum 2-year
commitment to practice in an underserved community in this state post-residency
and an agreement to forego any sub-specialty training for at least 2 years
post-residency.
(3)
The MiDocs consortium shall work with the department to integrate the Michigan
inpatient psychiatric admissions discussion (MIPAD) recommendations and, when possible,
prioritize training opportunities in state psychiatric hospitals and community
mental health organizations.
(4)
In collaboration with the Michigan Health Council, the MiDocs consortium shall
reserve at least 3 residency slots per class to be used for the Michigan early
primary care incentive program.
(5)
The department shall maintain a MiDocs initiative advisory council to help
support implementation of the program described in this section, and provide
oversight. The advisory council shall be composed of the MiDocs consortium, the
Michigan Area Health Education Centers, the Michigan Primary Care Association,
the Michigan Center for Rural Health, the Michigan Academy of Family
Physicians, and any other appointees designated by the department.
(6)
By September 1 of the current fiscal year, MiDocs shall report to the senate
and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, and the state
budget office, on the following:
(a)
Audited financial statement of per-resident costs.
(b)
Education and clinical quality data.
(c)
Roster of trainees, including areas of specialty and locations of training. (d)
Medicaid revenue by training site.
(7)
Outcomes and performance measures for this program include, but are not limited
to, the following:
(a)
Increasing this state's ability to recruit, train, and retain primary care
physicians and other select specialty physicians in underserved communities.
(b)
Maximizing training opportunities with community health centers, rural critical
access hospitals, solo or group private practice physician practices, schools,
and other community-based clinics, in addition to required rotations at
inpatient hospitals.
(c)
Increasing the number of residency slots for family medicine, general internal
medicine, general pediatrics, general obstetrics and gynecology, psychiatry,
and general surgery.
(8)
Unexpended and unencumbered funds are designated as work project
appropriations, and any unencumbered or unalloted funds shall not lapse at the
end of the fiscal year and shall be available for expenditures for the MiDocs
consortium to create new primary care residency slots in underserved
communities under this section until the work project has been completed. All
of the following are in compliance with section 451a(1) of the management and
budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the work project is to fund the cost of the MiDocs consortium to
create new primary care residency slots in underserved communities.
(b)
The work project will be accomplished by contracting with the MiDocs consortium
to oversee the creation of new primary care residency slots.
(c)
The total estimated completion cost of the work project is $86,520,000.00
(d)
The tentative completion date is September 30, 2025.
Sec.
8-1918. From the funds appropriate in part 1 for opioid crisis response
services, the department shall allocate $12,150,000.00 towards efforts to more
rapidly and effectively identify and serve those with an opioid use disorder.
Funding may be used to support:
(a)
The establishment of a revolving loan fund to expand recovery housing capacity.
(b)
Criminal justice diversion efforts.
(c)
Substance use disorder training to health and child welfare staff.
(d)
Efforts to collect and use available data to better identify and serve persons
with opioid use disorder.
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, 2021, and are anticipated
to be appropriated for the fiscal year ending September 30, 2022, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 382.5 382.5
GROSS APPROPRIATION...................................... $ 73,315,700 $ 73,315,700
Total interdepartmental grants and
interdepartmental
transfers.............................................. 728,600 728,600
ADJUSTED GROSS APPROPRIATION............................ $ 72,587,100 $ 72,587,100
Total federal revenues................................... 1,017,100 1,017,100
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues................... 71,570,000 71,570,000
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. 9-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 24.5 24.5
Unclassified salaries-6.0 FTE positions................. $ 820,600 $ 820,600
Administrative hearings.................................. 182,500 182,500
Department services-19.0 FTE positions.................. 3,892,400 3,892,400
Executive director programs-5.5 FTE positions........... 986,900 986,900
Property management...................................... 1,284,900 1,284,900
Worker's compensation.................................... 800 800
GROSS APPROPRIATION...................................... $ 7,168,100 $ 7,168,100
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 7,168,100 7,168,100
State general fund/general purpose...................... $ 0 $ 0
Sec. 9-103. INSURANCE AND FINANCIAL SERVICES REGULATION
Full-time equated classified positions................ 358.0 358.0
Consumer services and protection-94.0 FTE
positions..... $ 11,546,800 $ 11,546,800
Financial institutions evaluation-135.0 FTE
positions... 25,458,500 25,458,500
Insurance evaluation-129.0 FTE positions................ 26,826,400 26,826,400
GROSS APPROPRIATION...................................... $ 63,831,700 $ 63,831,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and
regulatory
affairs................................................ 728,600 728,600
Federal revenues:
Other federal revenues................................... 1,017,100 1,017,100
Special revenue funds:
Other state restricted revenues......................... 62,086,000 62,086,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 9-104. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 2,315,900 $ 2,315,900
GROSS APPROPRIATION...................................... $ 2,315,900 $ 2,315,900
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 2,315,900 2,315,900
State general fund/general purpose...................... $ 0 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$71,570,000.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
9-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state travel
expenses not later than January 1 of each year. The travel report shall be a
listing of all travel by classified and unclassified employees outside this
state in the immediately preceding fiscal year that was funded in whole or in
part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with federal
revenues, and the proportion funded with other revenues.
Sec.
9-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
9-209. Not later than 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. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
9-212. Within 14 days after the release of the executive budget recommendation,
the department shall provide to the state budget office information sufficient
to provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
9-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
9-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2021 are estimated at
$10,298,600.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $4,941,400.00. Total agency appropriations for
retiree health care legacy costs are estimated at $5,357,200.00.
Sec.
9-215. Unless prohibited by law, the department may accept credit card or other
electronic means of payment for licenses, fees, or permits.
INSURANCE AND FINANCIAL SERVICES
REGULATION
Sec.
9-302. In addition to the funds appropriated in part 1, the funds collected by
the department in connection with a conservatorship under section 32 of the
mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL
445.1682, and funds collected by the department from corporations being
liquidated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to
500.8302, must be appropriated for all expenses necessary to provide for the
required services. Funds are available for expenditure when they are received
by the department of treasury and must not lapse to the general fund at the end
of the fiscal year.
Sec.
9-303. The department may make available to interested entities customized
listings of nonconfidential information in its possession. The department may
establish and collect a reasonable charge to provide this service. The revenue
from this service is appropriated when received and must be used to offset
expenses to provide the service. Any balance of this revenue collected and
unexpended at the end of the fiscal year must lapse to the appropriate
restricted fund.
Article 10
JUDICIARY
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
10-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the judiciary are appropriated for the fiscal year ending
September 30, 2021, and are anticipated to be appropriated for the fiscal year
ending September 30, 2022, 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................... 512.0 512.0
GROSS APPROPRIATION...................................... $ 314,761,800 $ 314,761,800
Total interdepartmental grants and
interdepartmental
transfers.............................................. 1,552,800 1,552,800
ADJUSTED GROSS APPROPRIATION............................ $ 313,209,000 $ 313,209,000
Total federal revenues................................... 5,826,000 5,826,000
Total local revenues..................................... 7,654,500 7,654,500
Total private revenues................................... 1,016,600 1,016,600
Total other state restricted revenues................... 94,877,600 94,877,600
State general fund/general purpose...................... $ 203,834,300 $ 203,834,300
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 203,834,300 203,834,300
One-time state general fund/general purpose.......... 0 0
Sec. 10-102. SUPREME COURT
Full-time equated exempted positions................... 250.0 250.0
Community dispute resolution-3.0 FTE positions.......... $ 3,285,200 $ 3,285,200
Direct trial court automation support-44.0 FTE
positions.............................................. 7,654,500 7,654,500
Drug treatment courts.................................... 11,833,000 11,833,000
Foster care review board-10.0 FTE positions............. 1,365,500 1,365,500
Judicial information systems-24.0 FTE
positions......... 5,066,100 5,066,100
Judicial institute-13.0 FTE positions................... 1,926,900 1,926,900
Kalamazoo County trauma court........................... 250,000 250,000
Mental health courts and diversion
services-1.0 FTE
position............................................... 5,472,500 5,472,500
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.... 11,830,500 11,830,500
Supreme court administration-92.0 FTE
positions......... 14,802,200 14,802,200
Swift and sure sanctions program........................ 3,600,000 3,600,000
Veterans courts.......................................... 936,400 936,400
GROSS APPROPRIATION...................................... $ 72,413,900 $ 72,413,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 52,800 52,800
IDG from department of state police..................... 1,500,000 1,500,000
Federal revenues:
Other federal revenues................................... 5,470,400 5,470,400
Special revenue funds:
Local revenues........................................... 7,654,500 7,654,500
Private revenues......................................... 927,700 927,700
Other state restricted revenues......................... 7,803,600 7,803,600
State general fund/general purpose...................... $ 49,004,900 $ 49,004,900
Sec. 10-103. COURT OF APPEALS
Full-time equated exempted positions................... 175.0 175.0
Court of appeals operations-175.0 FTE
positions......... $ 25,800,400 $ 25,800,400
GROSS APPROPRIATION...................................... $ 25,800,400 $ 25,800,400
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 25,800,400 $ 25,800,400
Sec. 10-104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions................... 4.0 4.0
Branchwide appropriations-4.0 FTE positions............. $ 8,853,300 $ 8,853,300
GROSS APPROPRIATION...................................... $ 8,853,300 $ 8,853,300
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 8,853,300 $ 8,853,300
Sec. 10-105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions............................. 587.0 587.0
Supreme court justices' salaries-7.0 justices........... $ 1,210,400 $ 1,210,400
Circuit court judges' state base salaries-217.0
judges.. 23,761,500 23,761,500
Circuit court judicial salary standardization........... 9,922,100 9,922,100
Court of appeals judges' salaries-25.0 judges........... 4,200,200 4,200,200
District court judges' state base
salaries-235.0
judges................................................. 25,303,300 25,303,300
District court judicial salary standardization.......... 10,745,200 10,745,200
Probate court judges' state base
salaries-103.0 judges.. 11,189,800 11,189,800
Probate court judicial salary standardization........... 4,669,600 4,669,600
Judges' retirement system defined
contributions......... 5,173,200 5,173,200
OASI, social security.................................... 6,494,300 6,494,300
GROSS APPROPRIATION...................................... $ 102,669,600 $ 102,669,600
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 3,329,400 3,329,400
State general fund/general purpose...................... $ 99,340,200 $ 99,340,200
Sec. 10-106. JUDICIAL AGENCIES
Full-time equated exempted positions................... 7.0 7.0
Judicial tenure commission-7.0 FTE positions............ $ 1,408,700 $ 1,408,700
GROSS APPROPRIATION................................... . $ 1,408,700 $ 1,408,700
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 1,408,700 $ 1,408,700
Sec. 10-107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions................... 63.0 63.0
Appellate public defender program-63.0 FTE
positions.... $ 9,668,700 $ 9,668,700
GROSS APPROPRIATION...................................... $ 9,668,700 $ 9,668,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 355,600 355,600
Special revenue funds:
Private revenues......................................... 88,900 88,900
Other state restricted revenues......................... 173,100 173,100
State general fund/general purpose...................... $ 9,051,100 $ 9,051,100
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................... 13.0 13.0
Court equity fund reimbursements........................ $ 60,815,700 $ 60,815,700
Drug case-flow program................................... 250,000 250,000
Drunk driving case-flow program......................... 3,300,000 3,300,000
Judicial technology improvement fund.................... 4,815,000 4,815,000
Juror compensation reimbursement-1.0 FTE
position....... 6,608,900 6,608,900
Statewide e-file system-12.0 FTE positions.............. 10,220,600 10,220,600
GROSS APPROPRIATION...................................... $ 86,010,200 $ 86,010,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 75,634,500 75,634,500
State general fund/general purpose...................... $ 10,375,700 $ 10,375,700
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$298,711,900.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $146,684,400.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
JUDICIARY
Drug treatment courts.................................................. $ 8,438,000
Kalamazoo County trauma court.......................................... 250,000
Mental health courts and diversion services............................ 5,472,500
Next generation Michigan court system.................................. 4,116,000
Swift and sure sanctions program....................................... 3,600,000
Veterans courts........................................................ 936,400
Court of appeals operations............................................ 200,000
Circuit court judicial salary standardization.......................... 9,922,100
District court judicial salary
standardization......................... 10,745,200
Probate court judges' state base salaries.............................. 11,189,800
Probate court judicial salary standardization.......................... 4,669,600
OASI, social security.................................................. 1,134,600
Court equity fund reimbursements....................................... 60,815,700
Drug case-flow program................................................. 250,000
Drunk driving case-flow program........................................ 3,300,000
Judicial technology improvement fund................................... 4,815,000
Juror compensation reimbursement....................................... 6,608,900
Statewide e-file system................................................ 10,220,600
TOTAL.................................................................... $ 146,684,400
Sec.
10-202. (1) The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2)
Funds appropriated in part 1 to an entity within the judicial branch shall not
be expended or transferred to another account without written approval of the
authorized agent of the judicial entity. If the authorized agent of the
judicial entity notifies the state budget director of its approval of an
expenditure or transfer, the state budget director shall immediately make the
expenditure or transfer. The authorized judicial entity agent shall be
designated by the chief justice of the supreme court.
Sec.
10-203. As used in this part and part 1:
(a)
"FTE" means full-time equated.
(b)
"IDG" means interdepartmental grant.
(c)
"OASI" means old age survivor's insurance.
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 office. The report shall include the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
10-209. Not later than 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.
10-211. From the funds appropriated in part 1, the judicial branch shall
maintain a searchable website accessible by the public at no cost that includes
all expenditures made by the judicial branch within a fiscal year. The posting
shall include the purpose for which each expenditure is made. The judicial
branch shall not provide financial information on its website under this
section if doing so would violate a federal or state law, rule, regulation, or
guideline that establishes privacy or security standards applicable to that
financial information.
Sec.
10-212. Within 14 days after the release of the executive budget
recommendation, the judicial branch shall cooperate with the state budget
office to provide the senate and house appropriations committee chairs, the
senate and house appropriations subcommittee chairs, and the senate and house
fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
10-213. The judiciary shall maintain, on a publicly assessible website, a
scorecard that identifies, tracks, and regularly updates key metrics that are
used to monitor and improve the judiciary's performances.
Sec.
10-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2021 are estimated at
$15,249,300.00. From this amount, total judiciary appropriations for
pension-related legacy costs are estimated at $7,316,800.00. Total judiciary
appropriations for retiree health care legacy costs are estimated at
$7,932,500.00.
JUDICIAL BRANCH
Sec.
10-301. From the funds appropriated in part 1, the direct trial court
automation support program of the state court administrative office shall
recover direct and overhead costs from trial courts by charging for services
rendered. The fee shall cover the actual costs incurred to the direct trial
court automation support program in providing the service, including
development of future versions of case management systems.
Sec.
10-302. Funds appropriated within the judicial branch shall not be expended by
any component within the judicial branch without the approval of the supreme
court.
Sec.
10-303. Of the amount appropriated in part 1 for the judicial branch,
$711,900.00 is allocated for circuit court reimbursement under section 3 of
1978 PA 16, MCL 800.453, and for costs associated with the court of claims.
Sec.
10-304. A member of the legislature may request a report or data from the data collected
in the judicial data warehouse. The report shall be made available to the
public upon request, unless disclosure is prohibited by court order or state or
federal law. Any data provided under this section shall be public and
non-identifying information.
Sec.
10-305. From the funds appropriated in part 1 for community dispute resolution,
community dispute resolution centers shall provide dispute resolution services
specified in the community dispute resolution act, 1988 PA 260, MCL 691.1551 to
691.1564, and shall help to reduce suspensions and truancy, and improve school
climate. Funding appropriated in part 1 for community dispute resolution may be
used to develop or expand juvenile diversion services in cooperation with local
prosecutors. Participation in the dispute resolution processes is voluntary for
all parties.
Sec.
10-307. From the funds appropriated in part 1 for mental health courts and
diversion services, $1,730,000.00 is intended to address the recommendations of
the mental health diversion council.
Sec.
10-308. If sufficient funds are not available from the court fee fund to pay
judges' compensation, the difference between the appropriated amount from that
fund for judges' compensation and the actual amount available after the amount
appropriated for trial court reimbursement is made shall be appropriated from
the state general fund for judges' compensation. If an appropriation is made
under this section, the state court administrative office shall notify, within
14 days of the appropriation, the senate and house standing committees on
appropriations, the senate and house appropriations subcommittees on judiciary,
the senate and house fiscal agencies, and the state budget office.
Sec.
10-309. By April 1, the state court administrative office shall provide a
report on drug treatment, mental health, and veterans court programs in this
state. The report shall include information on the number of each type of
program that has been established, the number of program participants in each
jurisdiction, and the impact of the programs on offender criminal involvement
and recidivism. The report shall be submitted to the senate and house
appropriations subcommittees on judiciary, the senate and house fiscal
agencies, and the state budget office.
Sec.
10-311. (1) The funds appropriated in part 1 for drug treatment courts as that
term is defined in section 1060 of the revised judicature act of 1961, 1961 PA
236, MCL 600.1060, shall be administered by the state court administrative
office to operate drug treatment court programs. A drug treatment court shall
be responsible for handling cases involving substance abusing nonviolent
offenders through comprehensive supervision, testing, treatment services, and
immediate sanctions and incentives. A drug treatment court shall use all
available county and state personnel involved in the disposition of cases
including, but not limited to, parole and probation agents, prosecuting
attorneys, defense attorneys, and community corrections providers. The funds
may be used in connection with other federal, state, and local funding sources.
(2)
From the funds appropriated in part 1, the chief justice shall allocate
sufficient funds for the Michigan judicial institute to provide in-state
training for those identified in subsection (1), including training for new
drug treatment court judges.
(3)
For drug treatment court grants, consideration for priority may be given to
those courts where higher instances of substance abuse cases are filed.
(4)
The judiciary shall receive $1,500,000.00 in Byrne formula grant funding as an
interdepartmental grant from the department of state police to be used for
expansion of drug treatment courts, to assist in avoiding prison bed space
growth for nonviolent offenders in collaboration with the department of
corrections.
Sec.
10-316. (1) From the funds appropriated in part 1 for pretrial risk assessment,
the state court administrative office shall pilot a pretrial risk assessment
tool in an effort to provide relevant information to judges so they can make
evidence-based bond decisions that will increase public safety and reduce costs
associated with unnecessary pretrial detention.
(2)
The state court administrative office shall submit a status report by February
1 to the senate and house appropriations subcommittees on judiciary, the senate
and house fiscal agencies, and the state budget office on progress made toward
implementing the pretrial risk assessment tool and associated costs.
Sec.
10-317. Funds appropriated in part 1 shall not be used for the permanent
assignment of state-owned vehicles to justices or judges or any other judicial
branch employee. This section does not preclude the use of state-owned motor
pool vehicles for state business in accordance with approved guidelines.
Sec.
10-320. (1) From the funds appropriated in part 1 for the swift and sure
sanctions program, created under section 3 of chapter XIA of the code of
criminal procedure, 1927 PA 175, MCL 771A.3, the state court administrative
office shall administer a program to distribute grants to qualifying courts in
accordance with the objectives and requirements of the probation swift and sure
sanctions act, chapter XIA of the code of criminal procedure, 1927 PA 175, MCL
771A.1 to 771A.8. Of the funds designated for the program, not more than
$100,000.00 shall be available to the state court administrative office to pay
for employee costs associated with the administration of the program funds. Of
the funds designated for the program, $500,000.00 is reserved for programs in
counties that had more than 325 individuals sentenced to prison in the previous
calendar year. Courts interested in participating in the swift and sure
sanctions program may apply to the state court administrative office for a
portion of the funds appropriated in part 1 under this section.
(2)
By April 1, the state court administrative office, in cooperation with the
department of corrections, shall provide a report on the courts that receive
funding under the swift and sure sanctions program described in subsection (1)
to the senate and house appropriations subcommittees on judiciary, the senate
and house fiscal agencies, and the state budget office. The report shall
include all of the following:
(a)
The number of offenders who participate in the program.
(b)
The criminal history of offenders who participate in the program.
(c)
The recidivism rate of offenders who participate in the program, including the
rate of return to jail, prison, or both.
(d)
A detailed description of the establishment and parameters of the program.
(3)
As used in this section, "program" means a swift and sure sanctions
program described in subsection (1).
Sec.
10-321. From the funds appropriated in part 1, the judicial branch shall
support a statewide legal self-help internet website and local nonprofit
self-help centers that use the statewide website to provide assistance to
individuals representing themselves in civil legal proceedings. The state court
administrative office shall summarize the costs of maintaining the website,
provide statistics on the number of people visiting the website, and provide
information on content usage, form completion, and user feedback. By March 1,
the state court administrative office shall report this information for the
preceding fiscal year to the senate and house appropriations subcommittees on
judiciary, the senate and house fiscal agencies, and the state budget office.
Sec.
10-322. If Byrne formula grant funding is awarded to the state appellate
defender, the state appellate defender office may receive and expend Byrne
formula grant funds in an amount not to exceed $250,000.00 as an
interdepartmental grant from the department of state police. If the appellate
defender appointed under section 3 of the appellate defender act, 1978 PA 620,
MCL 780.713, receives federal grant funding from the United States Department
of Justice in excess of the amount appropriated in part 1, the office of
appellate defender may receive and expend grant funds in an amount not to
exceed $300,000.00 as other federal grants.
Sec.
10-324. From the funds appropriated in part 1 for the medication-assisted
treatment program, the judiciary shall maintain a medication-assisted treatment
program to provide treatment for opioid-addicted and alcohol-addicted
individuals who are referred to and voluntarily participate in the
medication-assisted treatment program.
Sec.
10-325. (1) From the funds appropriated in part 1 for Kalamazoo County trauma
court, the county office of the prosecuting attorney shall hire an assistant prosecutor
who specializes in trauma for prosecution of offenders and for providing
intervention and treatment services to offenders and referral services for
victims. The court shall focus on deterrence of offenders by reducing incidence
and recidivism. Intervention services shall be supplemented by trauma treatment
and addiction services. The prosecutor shall collaborate with the trauma and
resiliency team to review the progress of program participants, and to assure
offender accountability and victim safety. Treatment providers shall specialize
in substance abuse addiction and trauma treatment services for adolescents and
adults.
(2)
The county office of the prosecuting attorney, together with the intervention
and treatment providers, shall submit a report, by September 30, to the state
court administrative office, the senate and house of representatives
subcommittees on judiciary, the senate and house fiscal agencies, and the state
budget office on the outcomes of the trauma court. The report shall include
program performance measures, the number of individuals served, the outcomes of
participants who complete the program, recommendations on how the state can
hold offenders accountable while rehabilitating them with treatment,
community-based resources and support, and restorative justice approaches to
conflict resolution, with the goal of being a more effective and less costly
alternative to incarceration.
Article 11
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
PART 1
LINE-ITEM APPROPRIATIONS
AND ANTICIPATED APPROPRIATIONS
Sec.
11-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of labor and economic opportunity are
appropriated for the fiscal year ending September 30, 2021, and are anticipated
to be appropriated for the fiscal year ending September 30, 2022, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 34.5 34.5
Full-time equated classified positions................ 2,533.4 2,533.4
GROSS APPROPRIATION...................................... $ 1,385,441,600 $ 1,373,441,600
Total interdepartmental grants and interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 1,385,441,600 $ 1,373,441,600
Total federal revenues................................... 953,506,000 953,506,000
Total local revenues..................................... 5,900,000 5,900,000
Total private revenues................................... 6,317,800 6,317,800
Total other state restricted revenues................... 232,848,300 232,848,300
State general fund/general purpose...................... $ 186,869,500 $ 174,869,500
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 174,869,500 174,869,500
One-time state general fund/general purpose.......... 12,000,000 0
Sec. 11-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 34.5 34.5
Full-time equated classified positions................ 53.0 53.0
Unclassified salaries-34.5 FTE positions................ $ 4,073,100 $ 4,073,100
Executive direction and operations-53.0 FTE
positions... 8,980,400 8,980,400
Property management...................................... 6,054,300 6,054,300
GROSS APPROPRIATION...................................... $ 19,107,800 $ 19,107,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 11,953,500 11,953,500
Special revenue funds:
Other state restricted revenues......................... 5,812,400 5,812,400
State general fund/general purpose...................... $ 1,341,900 $ 1,341,900
Sec. 11-103. WORKFORCE DEVELOPMENT
Full-time equated classified positions................ 219.0 219.0
At-risk youth grants..................................... $ 3,750,000 $ 3,750,000
Going pro................................................ 27,920,700 27,920,700
High school equivalency-to-school program............... 250,000 250,000
Workforce development programs.......................... 384,804,000 384,804,000
Workforce program administration-219.0 FTE
positions.... 36,286,000 36,286,000
GROSS APPROPRIATION...................................... $ 453,010,700 $ 453,010,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 391,028,200 391,028,200
Special revenue funds:
Local revenues........................................... 500,000 500,000
Private revenues......................................... 5,280,400 5,280,400
Other state restricted revenues......................... 12,743,000 12,743,000
State general fund/general purpose...................... $ 43,459,100 $ 43,459,100
Sec. 11-104. REHABILITATION SERVICES
Full-time equated classified positions................ 668.0 668.0
Bureau of services for blind persons-113.0 FTE
positions.............................................. $ 25,509,200 $ 25,509,200
Independent living....................................... 14,031,700 14,031,700
Michigan rehabilitation services-555.0 FTE
positions.... 134,227,900 134,227,900
Subregional libraries state aid......................... 451,800 451,800
GROSS APPROPRIATION...................................... $ 174,220,600 $ 174,220,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 136,223,200 136,223,200
Special revenue funds:
Local revenues........................................... 5,400,000 5,400,000
Private revenues......................................... 643,300 643,300
Other state restricted revenues......................... 538,300 538,300
State general fund/general purpose...................... $ 31,415,800 $ 31,415,800
Sec. 11-105. EMPLOYMENT SERVICES
Full-time equated classified positions................ 376.4 376.4
Bureau of employment relations-22.0 FTE
positions....... $ 4,452,000 $ 4,452,000
Compensation supplement fund............................ 1,820,000 1,820,000
First responder presumed coverage claims................ 4,000,000 4,000,000
Insurance funds administration-23.0 FTE
positions....... 4,725,500 4,725,500
Michigan occupational safety and health
administration-
197.0 FTE positions.................................... 30,425,700 30,425,700
Office of global Michigan-11.0 FTE positions............ 29,249,400 29,249,400
Private and occupational distance learning-3.0
FTE
positions.............................................. 852,900 852,900
Radiation safety section-21.4 FTE positions............. 3,429,500 3,429,500
Wage and hour program-29.0 FTE positions................ 3,992,900 3,992,900
Workers' compensation board of
magistrates-10.0 FTE
positions.............................................. 2,243,900 2,243,900
Workers' disability compensation agency-56.0
FTE
positions.............................................. 8,217,800 8,217,800
Workers' disability compensation appeals
commission-4.0
FTE positions.......................................... 348,800 348,800
GROSS APPROPRIATION...................................... $ 93,758,400 $ 93,758,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 41,667,600 41,667,600
Special revenue funds:
Other state restricted revenues......................... 46,448,100 46,448,100
State general fund/general purpose...................... $ 5,642,700 $ 5,642,700
Sec. 11-106. UNEMPLOYMENT
Full-time equated classified positions................ 744.0 744.0
Unemployment insurance agency-736.0 FTE
positions....... $ 133,595,100 $ 133,595,100
Unemployment insurance agency - advocacy
assistance..... 1,500,000 1,500,000
Unemployment insurance appeals commission-8.0
FTE
positions.............................................. 4,384,900 4,384,900
GROSS APPROPRIATION...................................... $ 139,480,000 $ 139,480,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 116,742,600 116,742,600
Special revenue funds:
Other state restricted revenues......................... 22,737,400 22,737,400
State general fund/general purpose...................... $ 0 $ 0
Sec. 11-107. COMMISSIONS
Full-time equated classified positions................ 17.0 17.0
Asian Pacific American affairs commission-1.0
FTE
position............................................... $ 137,400 $ 137,400
Commission on Middle Eastern American
affairs-1.0 FTE
position............................................... 125,000 125,000
Hispanic/Latino commission of Michigan-1.0 FTE
position............................................... 295,800 295,800
Michigan community service commission-14.0 FTE
positions.............................................. 11,835,800 11,835,800
GROSS APPROPRIATION...................................... $ 12,394,000 $ 12,394,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 10,826,000 10,826,000
Special revenue funds:
Private revenues......................................... 44,100 44,100
State general fund/general purpose...................... $ 1,523,900 $ 1,523,900
Sec. 11-108. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 29,579,800 $ 29,579,800
GROSS APPROPRIATION...................................... $ 29,579,800 $ 29,579,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 26,381,600 26,381,600
Special revenue funds:
Other state restricted revenues......................... 2,514,400 2,514,400
State general fund/general purpose...................... $ 683,800 $ 683,800
Sec. 11-109. MICHIGAN STRATEGIC FUND
Full-time equated classified positions................ 174.0 174.0
Administrative services-37.0 FTE positions.............. $ 3,143,500 $ 3,143,500
Arts and cultural program................................ 10,150,000 10,150,000
Business attraction and community
revitalization........ 100,000,000 100,000,000
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.............................. 16,400,000 16,400,000
Facility for rare isotope beams......................... 7,300,000 7,300,000
Job creation services-137.0 FTE positions............... 22,700,000 22,700,000
Lighthouse preservation program......................... 307,500 307,500
Pure Michigan............................................ 15,000,000 15,000,000
GROSS APPROPRIATION...................................... $ 226,601,000 $ 226,601,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 50,823,300 50,823,300
Special revenue funds:
Private revenues......................................... 350,000 350,000
21st century jobs fund................................... 75,000,000 75,000,000
Other state restricted revenues......................... 9,625,400 9,625,400
State general fund/general purpose...................... $ 90,802,300 $ 90,802,300
Sec. 11-110. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions................ 273.0 273.0
Housing and rental assistance-273.0 FTE
positions....... $ 46,903,200 $ 46,903,200
Michigan state housing development authority
technology
services and projects.................................. 3,699,300 3,699,300
Payments on behalf of tenants........................... 166,860,000 166,860,000
Property management...................................... 3,482,900 3,482,900
GROSS APPROPRIATION...................................... $ 220,945,400 $ 220,945,400
Appropriated from:
Federal revenues:
Other federal revenues................................ . 166,860,000 166,860,000
Special revenue funds:
Other state restricted revenues......................... 54,085,400 54,085,400
State general fund/general purpose...................... $ 0 $ 0
Sec. 11-111. STATE LAND BANK AUTHORITY
Full-time equated classified positions................ 9.0 9.0
State land bank authority-9.0 FTE positions............. $ 4,343,900 $ 4,343,900
GROSS APPROPRIATION...................................... $ 4,343,900 $ 4,343,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,000,000 1,000,000
Special revenue funds:
Other state restricted revenues......................... 3,343,900 3,343,900
State general fund/general purpose...................... $ 0 $ 0
Sec. 11-112. ONE-TIME APPROPRIATIONS
Nature, science, and cultural experiences
grant
program................................................ $ 10,000,000 $ 0
Focus: HOPE.............................................. 1,000,000 0
Postsecondary best practices grants..................... 1,000,000 0
GROSS APPROPRIATION...................................... $ 12,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 12,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$419,717,800.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $37,863,300.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
Going pro............................................................... $ 25,918,800
Workforce development programs......................................... 10,680,000
Michigan rehabilitation services....................................... 262,200
Michigan community service commission.................................. 2,300
Arts and cultural program.............................................. 1,000,000
TOTAL.................................................................... $ 37,863,300
Sec.
11-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
11-203. As used in this article:
(a)
"CFR" means the code of federal regulations.
(b)
"Department" means the department of labor and economic opportunity.
(c)
"Director" means the director of the department.
(d)
"FTE" means full-time equated.
(e)
"Fund" means the Michigan strategic fund.
(f)
"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.
(g)
"MEGA" means the Michigan economic growth authority.
(h)
"MSF" means the Michigan strategic fund.
(i)
"PATH" means Partnership. Accountability. Training. Hope.
(j)
"USC" means United States code.
Sec.
11-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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.
11-205. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
11-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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.
11-207. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
11-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
11-209. Not later than 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.
11-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $30,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(2)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $10,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for private contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
Sec.
11-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
11-212. Within 14 days after the release of the executive budget
recommendation, the department shall provide to the state budget office
information sufficient to provide the senate and house appropriations chairs,
the senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2020 and September 30,
2021.
Sec.
11-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
11-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2021 are $58,923,000.00.
From this amount, total agency appropriations for pension-related legacy costs
are estimated at $28,272,000.00. Total agency appropriations for retiree health
care legacy costs are estimated at $30,651,000.00.
Sec.
11-215. Federal pass-through funds to local institutions and governments that
are received in amounts in addition to those included in part 1 and that do not
require additional state matching funds are appropriated for the purposes
intended. The department may carry forward into the succeeding fiscal year
unexpended federal pass-through funds to local institutions and governments
that do not require additional state matching funds. The department shall
report the amount and source of the funds to the relevant senate and house of
representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director within 10 business days after receiving
any additional pass-through funds.
Sec.
11-216. (1) Grants supported with private revenues received by the department
are appropriated upon receipt and are available for expenditure by the
department, subject to subsection (3), for purposes specified within the grant
agreement and as permitted under state and federal law.
(2)
Within 10 days after the receipt of a private grant appropriated in subsection
(1), the department shall notify the house and senate chairpersons of the
relevant subcommittees, the senate and house fiscal agencies, and the state
budget director of the receipt of the grant, including the fund source,
purpose, and amount of the grant.
(3)
The amount appropriated under subsection (1) shall not exceed $1,500,000.00.
Sec.
11-217. (1) The department may charge registration fees to attendees of
informational, training, or special events sponsored by the department, and
related to activities that are under the department's purview.
(2)
These fees shall reflect the costs for the department to sponsor the
informational, training, or special events.
(3)
Revenue generated by the registration fees is appropriated upon receipt and
available for expenditure to cover the department's costs of sponsoring
informational, training, or special events.
(4)
Revenue generated by registration fees in excess of the department's costs of
sponsoring informational, training, or special events shall carry forward to
the subsequent fiscal year and not lapse to the general fund.
(5)
The amount appropriated under subsection (3) shall not exceed $500,000.00.
Sec.
11-218. (1) The department may sell documents at a price not to exceed the cost
of production and distribution. Money received from the sale of these documents
shall revert to the department. In addition to the funds appropriated in part
1, these funds are available for expenditure when they are received by the
department of treasury. This subsection applies only for the workers'
compensation health care services rules.
(2)
Unexpended funds at the end of the fiscal year shall carry forward to the
subsequent fiscal year and not lapse to the general fund.
Sec.
11-219. If the revenue collected by the department for radiological health
administration and projects from fees and collections exceeds the amount
appropriated in part 1, the revenue may be carried forward into the subsequent
fiscal year. The revenue carried forward under this section shall be used as
the first source of funds in the subsequent fiscal year.
STATE LAND BANK AUTHORITY
Sec.
11-995. In addition to the amounts appropriated in part 1, the state land bank
authority may expend revenues received under the land bank fast track act, 2003
PA 258, MCL 124.751 to 124.774, for the purposes authorized by the act,
including, but not limited to, the acquisition, lease, management, demolition,
maintenance, or rehabilitation of real or personal property, payment of debt
service for notes or bonds issued by the authority, and other expenses to clear
or quiet title property held by the authority.
MICHIGAN STRATEGIC FUND
Sec.
11-1005. In addition to the appropriations in part 1, Travel Michigan may
receive and expend private revenue related to the use of "Pure
Michigan" and all other copyrighted slogans and images. This revenue may
come from the direct licensing of the name and image or from the royalty
payments from various merchandise sales. Revenue collected is appropriated for
the marketing of the state as a travel destination. The funds are available for
expenditure when they are received by the department of treasury. If the fund
receives revenues from the use of "Pure Michigan," the fund shall
provide a report that lists the revenues by source received from the use of
"Pure Michigan" and all other copyrighted slogans and images. The
report shall provide a detailed list of expenditures of revenues received under
this section. The report shall be provided to the chairpersons of the senate
and house of representatives standing committees on appropriations, the
relevant senate and house of representatives appropriations subcommittees, the
house and senate fiscal agencies, and the state budget director by March 1.
Sec.
11-1006. In addition to the amounts appropriated in part 1 for "Pure
Michigan," the fund may receive and expend additional revenue received for
the purposes of the "Pure Michigan" promotion campaign, including,
but not limited to, media production and placements, national and international
marketing campaigns, and for other activities that promote Michigan as a travel
destination.
Sec.
11-1007. (1) As a condition of receiving funds appropriated in part 1, the fund
shall request the following information from the MEDC:
(a)
Approved budget from the MEDC executive committee for the current fiscal year
and actual budget expenditures for the preceding fiscal years.
(b)
Expenditures and revenues as part of the current and preceding year budgets,
including the available fund balance for the current and preceding fiscal
years.
(c)
The total number of FTEs, by state and corporate status.
(d)
A reporting of activities, programs, and grants consistent with the preceding
fiscal year budget.
(2)
Information received by the MSF pursuant to this section shall be posted online
and distributed to the chairpersons of the senate and house of representatives
standing committees on appropriations, the chairpersons of the relevant senate
and house of representatives appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director by March 15.
Sec.
11-1008. As a condition of receiving funds under part 1, any interlocal
agreement entered into by the fund shall include language which states that if
a local unit of government has a contract or memorandum of understanding with a
private economic development agency, the MEDC will work cooperatively with that
private organization in that local area.
Sec.
11-1009. (1) Of the funds appropriated to the fund or through grants to the
MEDC, no funds shall be expended for the purchase of options on land or the
purchase of land unless at least 1 of the following conditions applies:
(a)
The land is located in an economically distressed area.
(b)
The land is obtained through a purchase or exercise of an option at the
invitation of the local unit of government and local economic development
agency.
(2)
Consideration may be given to purchases where the proposed use of the land is
consistent with a regional land use plan, will result in the redevelopment of
an economically distressed area, can be supported by existing infrastructure,
and will not cause shifts in population away from the area's population
centers.
(3)
As used in this section, "economically distressed area" means an area
in a city, village, or township that has been designated as blighted; a city,
village, or township that shows negative population change from 1970 and a
poverty rate and unemployment rate greater than the statewide average; or an
area certified as a neighborhood enterprise zone under the neighborhood
enterprise zone act, 1992 PA 147, MCL 207.771 to 207.786.
(4)
If land or options on land are purchased under subsection (1), the fund shall
provide a report to the senate and house of representatives standing committees
on appropriations, the relevant senate and house of representatives
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director that provides a list of all properties purchased, all
options on land purchased, the location of the land purchased, and the purchase
price if the fund purchases options on land or land. The report must be
submitted before March 15.
Sec.
11-1010. As a condition for receiving funds in part 1, not later than March 15,
the fund shall provide a report for the immediately preceding fiscal year on
the jobs for Michigan investment fund, created in section 88h of the Michigan
strategic fund act, 1984 PA 270, MCL 125.2088h. The report shall be submitted
to the chairpersons of the senate and house of representatives standing
committees on appropriations, the chairpersons of the relevant senate and house
of representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director. The report shall include, but is not
limited to, all of the following:
(a)
A detailed listing of revenues, by fund source, to the jobs for Michigan
investment fund. The listing shall include the manner and reason for which the
funds were appropriated to the jobs for Michigan investment fund.
(b)
A detailed listing of expenditures, by project, from the jobs for Michigan
investment fund.
(c)
A fiscal year-end balance of the jobs for Michigan investment fund.
Sec.
11-1011. (1) From the appropriations in part 1 to the fund and granted or
transferred to the MEDC, any unexpended or unencumbered balance shall be
disposed of in accordance with the requirements in the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594, unless carryforward authorization has
been otherwise provided for.
(2)
Any encumbered funds, including encumbered funds subsequently unobligated,
shall be used for the same purposes for which funding was originally
appropriated in this part and part 1.
(3)
For funds appropriated in part 1 to the fund, any carryforward authorization
subsequently created through a work project shall be preserved until a cash or
accrued expenditure has been executed or the allowable work project time period
has expired.
Sec.
11-1012. (1) As a condition of receiving funds under part 1, the fund shall
ensure that the MEDC and the fund comply with all of the following:
(a)
The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(b)
The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(c)
Annual audits of all financial records by the auditor general or his or her
designee.
(d)
All reports required by law to be submitted to the legislature.
(2)
If the MEDC is unable for any reason to perform duties under this part, the
fund may exercise those duties.
Sec.
11-1024. From the funds appropriated in part 1 for business attraction and
community revitalization, not less than 20% shall be granted by the fund board
for brownfield redevelopment and historic preservation projects under the
community revitalization program authorized by chapter 8C of the Michigan
strategic fund act, 1984 PA 270, MCL 125.2090 to 125.2090d.
Sec.
11-1032. (1) The fund shall report to the chairpersons of the senate and house
of representatives standing committees on appropriations, the relevant senate
and house of representatives appropriations subcommittees, the state budget
director, and the senate and house fiscal agencies on the status of the film
incentives at the same time as it submits the annual report required under
section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455. The
department of treasury shall provide the fund with the data necessary to
prepare the report. Incentives included in the report shall include all of the
following:
(a)
The tax credit provided under section 455 of the Michigan business tax act,
2007 PA 36, MCL 208.1455.
(b)
The tax credit provided under section 457 of the Michigan business tax act,
2007 PA 36, MCL 208.1457.
(c)
The tax credit provided under section 459 of the Michigan business tax act,
2007 PA 36, MCL 208.1459.
(d)
The amount of any tax credit claimed under former section 367 of the income tax
act of 1967, 1967 PA 281.
(e)
Any tax credits provided for film and digital media production under the
Michigan economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810.
(f)
Loans to an eligible production company or film and digital media private
equity fund authorized under section 88d(3), (4), and (5) of the Michigan
strategic fund act, 1984 PA 270, MCL 125.2088d.
(2)
The report shall include all of the following information:
(a)
For each tax credit, the number of contracts signed, the projected expenditures
qualifying for the credit, and the estimated value of the credits. For loans,
the number of loans made under each section, the interest rate of those loans,
the loan amount, the percent of the projected budget of each production
financed by those loans, and the estimated interest earnings from the loan.
(b)
For credits authorized under section 455 of the Michigan business tax act, 2007
PA 36, MCL 208.1455, for productions completed by December 31, the expenditures
of each production eligible for the credit that has filed a request for
certificate of completion with the film office, broken down into expenditures
for goods, services, or salaries and wages and showing separately expenditures
in each local unit of government, including expenditures for personnel, whether
or not they were made to a Michigan entity, and whether or not they were
taxable under the laws of this state. For loans, the report shall include the
number of loans that have been fully repaid, with principal and interest shown
separately, and the number of loans that are delinquent or in default, and the
amount of principal that is delinquent or is in default.
(c)
For each of the tax credit incentives and loan incentives listed in subsection
(1), a breakdown for each project or production showing each of the following:
(i)
The number of temporary jobs created.
(ii)
The number of permanent jobs created.
(iii)
The number of persons employed in Michigan as a result of the incentive, on a
full-time equated basis.
(3)
For any information not included in the report due to the provisions of section
455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL
208.1455, 208.1457, and 208.1459, the report shall do all of the following:
(a)
Indicate how the information would describe the commercial and financial
operations or intellectual property of the company.
(b)
Attest that the information has not been publicly disseminated at any time.
(c)
Describe how disclosure of the information may put the company at a competitive
disadvantage.
(4)
Any information not disclosed due to the provisions of section 455(6), 457(6),
or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457,
and 208.1459, shall be presented at the lowest level of aggregation that would
no longer describe the commercial and financial operations or intellectual
property of the company.
Sec.
11-1034. Each business incubator or accelerator that received an award from the
fund shall maintain and update a dashboard of indicators to measure the
effectiveness of the business incubator and accelerator programs. Indicators
shall include the direct jobs created, new companies launched as a direct
result of business incubator or accelerator involvement, businesses expanded as
a direct result of business incubator or accelerator involvement, direct
investment in client companies, private equity financing obtained by client
companies, grant funding obtained by client companies, and other measures
developed by the recipient business incubators and accelerators in conjunction
with the MEDC. Dashboard indicators shall be reported for the prior fiscal year
and cumulatively, if available. Each recipient shall submit a copy of their
dashboard indicators to the fund by March 1. The fund shall transmit the local
reports to the chairpersons of the senate and house of representatives standing
committees on appropriations, the relevant senate and house of representatives
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director by March 15.
Sec.
11-1035. From the appropriations in part 1, the Michigan council for arts and
cultural affairs shall administer an arts and cultural grant program that
maintains an equitable geographic distribution of funding and utilizes past
arts and cultural grant programs as a guideline for administering this program.
The council shall do all of the following:
(a)
On or before October 1, the council shall publish proposed application
criteria, instructions, and forms for use by eligible applicants. The council
shall provide at least a 2-week period for public comment before finalizing the
application criteria, instructions, and forms.
(b)
A nonrefundable application fee may be assessed for each application.
Application fees shall be deposited in the council for the arts fund and are
appropriated for expenses necessary to administer the programs. These funds are
available for expenditure when they are received and may be carried forward to
the following fiscal year.
(c)
Grants are to be made to public and private arts and cultural entities.
(d)
Within 1 business day after the award announcements, the council shall provide
to each member of the legislature and the fiscal agencies a list of all grant
recipients and the total award given to each recipient, sorted by county.
(e)
In addition to the information in subdivision (d), the council shall report on
the number of applications received, number of grants awarded, total amount
requested from applications received, and total amount of grants awarded.
Sec.
11-1036. (1) The general fund/general purpose funds appropriated in part 1 to
the fund for business attraction and community revitalization shall be
transferred to the 21st century jobs trust fund per section 90b(3) of the
Michigan strategic fund act, 1984 PA 270, MCL 125.2090b.
(2)
Funds transferred to the 21st century jobs trust fund under subsection (1) are
appropriated and available for allocation as authorized in the Michigan
strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094.
Sec.
11-1042. For the funds appropriated in part 1 for business attraction and
community revitalization, the fund shall report quarterly on the amount of
funds considered appropriated, pre-encumbered, encumbered, and expended. The
report shall also include a listing of all previous appropriations for business
attraction and community revitalization, or a predecessor, that were considered
appropriated, pre-encumbered, encumbered, or expended that have lapsed back to
the fund for any purpose. The report shall be submitted to the chairpersons of
the senate and house of representatives standing committees on appropriations,
the chairpersons of the relevant senate and house of representatives
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director.
Sec.
11-1043. (1) The fund, in conjunction with the department of treasury, shall
report to the chairpersons of the senate and house of representatives standing
committees on appropriations, the relevant senate and house of representatives
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director by November 1 on the annual cost of the MEGA tax credits.
The report shall include for each year the board-approved credit amount,
adjusted for credit amendments where applicable, and the actual and projected
value of tax credits for each year from 1995 to the expiration of the credit
program. For years for which credit claims are complete, the report shall
include the total of actual certificated credit amounts. For years for which claims
are still pending or not yet submitted, the report shall include a combination
of actual credits where available and projected credits. Credit projections
shall be based on updated estimates of employees, wages, and benefits for
eligible companies.
(2)
In addition to the report under subsection (1), the fund, in conjunction with
the department of treasury, shall report to the relevant senate and house of
representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director by November 1 on the annual cost of all
other certificated credits by program, for each year until the credits expire
or can no longer be collected. The report shall include estimates on the
brownfield redevelopment credit, film credits, MEGA photovoltaic technology
credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery
credit, and other certificated credits.
Sec.
11-1044. As a condition of receiving appropriations in part 1, prior to
authorizing the transfer of any previously authorized tax credit that would
increase the liability to this state, the fund, on behalf of the MSF board,
shall notify the chairpersons of the senate and house of representatives
standing committees on appropriations, the chairpersons of the relevant senate
and house of representatives appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director not fewer than 30 days prior to
the authorization of the tax credit transfer.
Sec.
11-1050. (1) From the funds appropriated in part 1 for business attraction and
community revitalization, the fund shall identify specific outcomes and
performance measures, including, but not limited to, the following:
(a)
Total verified jobs created by the business attraction program during the
fiscal year ending September 30, 2021.
(b)
Total private investment obtained through the business attraction and community
revitalization programs during the fiscal year ending September 30, 2021.
(c)
Amount of private and public square footage created and reactivated through the
community revitalization program during the fiscal year ending September 30,
2021.
(2)
The fund must submit a report to the chairpersons of the senate and house of
representatives standing committees on appropriations, the relevant senate and
house of representatives appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director by March 15. The report must
describe the specific outcomes and measures required in subsection (1) and
provide the results and data related to these outcomes and measures for the
prior fiscal year if related information is available for the prior fiscal
year.
Sec.
11-1051. In addition to the funds appropriated in part 1, the funds collected
by state historic preservation programs for document reproduction and services
and application fees are appropriated for all expenses necessary to provide the
required services. These funds are available for expenditure when they are
received and may be carried forward into the succeeding fiscal year.
WORKFORCE DEVELOPMENT AND
UNEMPLOYMENT
Sec.
11-1060. The department shall administer the PATH training program in
accordance with the requirements of section 407(d) of title IV of the social
security act, 42 USC 607, the state social welfare act, 1939 PA 280, MCL 400.1
to 400.119b, and all other applicable laws and regulations.
Sec.
11-1061. From the funds appropriated in part 1 for workforce programs
subgrantees, the department may allocate funding for grants to nonprofit
organizations that offer programs pursuant to the workforce innovation and
opportunity act, 29 USC 3101 to 3361, eligible youth focusing on apprenticeship
readiness, pre-apprenticeship and apprenticeship activities, entrepreneurship,
work-readiness skills, job shadowing, and financial literacy. Organizations
eligible for funding under this section must have the capacity to provide
similar programs in urban areas, as determined by the United States Bureau of
the Census according to the most recent federal decennial census. Additionally,
programs eligible for funding under this section must include the participation
of local business partners. The department shall develop other appropriate
eligibility requirements to ensure compliance with applicable federal rules and
regulations.
Sec.
11-1062. The department shall make available, in person or by telephone, 1
disabled veterans outreach program specialist or local veterans employment
representative to Michigan Works! service centers, as resources permit, during
hours of operation, and shall continue to make the appropriate placement of
veterans and disabled veterans a priority.
Sec.
11-1063. (1) In addition to the funds appropriated in part 1, any unencumbered
and unrestricted federal workforce innovation and opportunity act, 29 USC 3101
to 3361, or trade adjustment assistance funds available from prior fiscal years
are appropriated for the purposes originally intended.
(2)
The department shall report by February 15 to the relevant senate and house of
representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director on the amount by fiscal year of federal
workforce innovation and opportunity act, 29 USC 3101 to 3361, funds
appropriated under this section.
Sec.
11-1064. As a condition of receiving funds appropriated in part 1 for Going
Pro, the department shall provide a report on Going Pro expenditures, by
program or grant type, for the prior fiscal year. In addition, the report shall
include projected expenditures, by program or grant type, for the current
fiscal year. The report shall be posted online and distributed to the
chairpersons of the senate and house of representatives standing committees on
appropriations, the chairpersons of the relevant senate and house of
representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director by March 15.
Sec.
11-1066. As a condition of receiving funds in part 1 for Going Pro, the
department shall administer the program as follows:
(a)
The department shall work cooperatively with grantees to maximize the amount of
funds from part 1 that are available for direct training.
(b)
The department, workforce development partners, including regional Michigan
Works! agencies, and employers shall collaborate and work cooperatively to
prioritize and streamline the expenditure of the funds appropriated in part 1.
The department shall ensure that Going Pro provides a collaborative statewide
network of workforce and employee skill development partners that addresses the
employee talent needs throughout the state.
(c)
The department shall ensure that grants are utilized for individual skill
enhancement and to address in-demand talent needs in Michigan.
(d)
The department shall develop program goals and detailed guidance for
prospective participants to follow to qualify under the program. The program
goals and detailed guidance shall be posted on the department website and
distributed to workforce development partners, including local Michigan Works!
agencies, by October 1. Periodic assessments of employer and employee needs
shall be evaluated on a regional basis, and the department shall identify
solutions and goals to be implemented to satisfy those needs. Revenue received
by the department for Going Pro may be expended for the purpose of those
programs.
(e)
Up to $5,000,000.00 of the funds may be expended to match federal funds to
improve and increase the skill level of employees in skilled trades and the
manufacturing processes within the changing manufacturing environment.
Sec.
11-1068. (1) Of the funds appropriated in part 1 for the workforce training
programs, the department shall provide a report by March 15 to the relevant
senate and house of representatives appropriation subcommittees, the state
budget director, and the senate and house fiscal agencies on the status of the
workforce training programs. The report shall include the following:
(a)
The amount of funding allocated to each Michigan Works! agency and the total funding
allocated to the workforce training programs statewide by fund source.
(b)
The number of participants enrolled in education or training programs by each
Michigan Works! agency.
(c)
The average duration of training for training program participants by each
Michigan Works! agency.
(d)
The number of participants enrolled in remedial education programs and the
number of participants enrolled in literacy programs.
(e)
The number of participants enrolled in programs at 2-year institutions.
(f)
The number of participants enrolled in programs at 4-year institutions.
(g)
The number of participants enrolled in proprietary schools or other technical
training programs.
(h)
The number of participants that have completed education or training programs.
(i)
The number of participants who secured employment in Michigan within 1 year of
completing a training program.
(j)
The number of participants who completed a training program and secured
employment in a field related to their training.
(k)
The average wage earned by participants who completed a training program and
secured employment within 1 year.
(l)
The actual revenues received by the fund source and fund appropriated for each
discrete workforce development program area.
(2)
Data collection for the report shall be for the prior state fiscal year.
Sec.
11-1069. (1) Funds in part 1 may be used for employment and training-related
services and to assist Healthy Michigan plan recipients to secure and maintain
training and employment. The department shall work with the department of
health and human services to coordinate with and complement existing
employment-related services for Healthy Michigan plan recipients.
(2)
Funds appropriated in part 1 for workforce development programs may also be
used to hire additional department field staff to educate impacted Healthy
Michigan plan recipients on requirements and available services, make
referrals, assess and address barriers to employment, and manage other
caseload-related impacts resulting from the implementation of sections 107a and
107b of the social welfare act, 1939 PA 280, MCL 400.107a and 400.107b.
(3)
The department shall report to the senate and house appropriations committees,
the senate and house fiscal agencies, and the state budget office on the
implementation of work engagement requirement employment supports and services
at least twice annually. The report shall include, but not be limited to, all
of the following:
(a)
The number of recipients currently receiving employment supports and services
under this section.
(b)
The total year-to-date number of recipients who have received employment
supports and services under this section.
(c)
The number of recipients who secured employment in this state after receiving
employment supports and services under this section.
(d)
The total year-to-date number of field staff hired to provide supports and
services under this section.
(e)
A summary of employment supports and services provided under this section.
Sec.
11-1076. The department shall provide a quarterly report to the members of the
senate and house committees on appropriations, the senate and house fiscal
agencies, and the state budget director that includes, but is not limited to,
the following:
(a)
The number of new fraudulent and noncompliant cases that have been identified
or issued by the unemployment insurance agency, classified by employer or
claimant, during the quarter.
(b)
The total amount of penalties and interest issued on fraudulent and
noncompliant cases during the quarter.
(c)
The total amount of penalties and interest dollars received during the quarter
by employer or claimant.
(d)
The total amount of penalties and interest still owed to the state by employer
or claimant.
(e)
The number of fraudulent and noncompliant cases that have been appealed by an
employer or claimant during the quarter.
Sec.
11-1078. (1) From the funds appropriated in part 1 for the unemployment
insurance agency, the department shall maintain customer service standards for
employers and claimants making use of the various means by which they can
access the system.
(2)
The department shall identify specific outcomes and performance metrics for
this initiative, including, but not limited to, the following:
(a)
Unemployment benefit fund balance.
(b)
Process improvement - fiscal integrity.
(c)
Process improvement - determination timeliness.
(d)
Process improvement - determination quality.
REHABILITATION SERVICES
Sec.
11-1081. The Michigan rehabilitation services and bureau of services for blind
persons shall work collaboratively with service organizations and government
entities to identify qualified match dollars to maximize use of available
federal vocational rehabilitation funds.
Sec.
11-1082. (1) From the funds appropriated in part 1 for Michigan rehabilitation
services, the department may allocate funding and available federal match to
support the provision of vocational rehabilitation services to eligible
agricultural workers with disabilities. Authorized services shall assist
agricultural workers with disabilities in acquiring or maintaining quality
employment and independence.
(2)
By March 1 of the current fiscal year, the department shall report to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office on the total number of clients served and the total amount
of federal matching funds obtained throughout the duration of the program.
Sec.
11-1083. If the department is at risk of entering into an order of selection
for services, the department shall notify the chairs of the senate and house
appropriations subcommittees on the department budget and the senate and house
fiscal agencies and policy offices within 2 weeks of receiving notification.
Sec.
11-1084. (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. Funds shall be used in a manner consistent
with the state plan for independent living. Services provided should assist
people with disabilities to move toward self-sufficiency, including support for
accessing transportation and health care, obtaining employment, community
living, nursing home transition, information and referral services, education,
youth transition services, veterans, and stigma reduction activities and
community education. This includes the independent living guide services that
specifically focus on economic self-sufficiency.
(2)
In partnership with service providers, the department shall provide a report by
March 1 of the current fiscal year to the relevant subcommittees, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office on direct customer and system outcomes and performance measures.
Sec.
11-1085. (1) The appropriation in part 1 for the bureau of services for blind
persons includes funds for case services. These funds may be used for tuition
payments for blind clients.
(2)
Revenue collected by the bureau of services for blind persons and from private
and local sources that is unexpended at the end of the fiscal year may carry
forward to the subsequent fiscal year.
Sec.
11-1086. The bureau of services for blind persons may provide and enter into
agreements to provide general services, training, meetings, information,
special equipment, software, facility use, and technical consulting services to
other principal executive departments, state agencies, local units of
government, the judicial branch of government, other organizations, and patrons
of department facilities. The department may charge fees for these services
that are reasonably related to the cost of providing the services. In addition
to the funds appropriated in part 1, funds collected by the department for
these services are appropriated for all expenses necessary. The funds
appropriated under this section are allotted for expenditure when they are
received by the department of treasury.
Sec.
11-1087. (1) The funds appropriated in part 1 for a regional or subregional
library shall not be released until a budget for that regional or subregional
library has been approved by the department for expenditures for library
services directly serving the blind and persons with disabilities.
(2)
In order to receive subregional state aid as appropriated in part 1, a regional
or subregional library's fiscal agency shall agree to maintain local funding
support at the same level in the current fiscal year as in the fiscal agency's
preceding fiscal year. If a reduction in expenditures equally affects all
agencies in a local unit of government that is the regional or subregional
library's fiscal agency, that reduction shall not be interpreted as a reduction
in local support and shall not disqualify a regional or subregional library
from receiving state aid under part 1. If a reduction in income affects a
library cooperative or district library that is a regional or subregional
library's fiscal agency or a reduction in expenditures for the regional or
subregional library's fiscal agency, a reduction in expenditures for the
regional or subregional library shall not be interpreted as a reduction in
local support and shall not disqualify a regional or subregional library from
receiving state aid under part 1.
COMMISSIONS
Sec.
11-1089. The office of global Michigan is to coordinate with the Asian Pacific
American affairs commission, the Commission on Middle Eastern American affairs,
and the Hispanic/Latino commission of Michigan to produce a report by January
31 that is to be transmitted to the senate and house subcommittee chairpersons
on the relevant subcommittees, the senate and house fiscal agencies, and the
state budget director. The report shall include, but is not limited to, the
following:
(a)
Total number of people with whom each commission directly interacts through
programming.
(b)
Total number of public events that each commission conducted.
(c)
Description of the activities that the commissions initiated to promote
cooperation between the commissions.
(d)
Total number of meetings that each commission held with foreign diplomats.
(e)
Programmatic costs of each commission.
Sec.
11-1090. The office of global Michigan must produce a report by January 31 and
transmit the report to the subcommittees, the senate and house fiscal agencies,
and the state budget director. The report may include other information, but it
must include all of the following:
(a)
A description of the major programs and activities of the office of global
Michigan and the number of individuals served through these programs.
(b)
The number of job seekers and the number of employers that the office has
served through the Michigan international talent solutions program.
(c)
A description of the activities that the office has conducted to attract and
retain international, advanced degree, and entrepreneurial talent.
ONE-TIME APPROPRIATIONS
Sec.
11-1091. From the funds appropriated in part 1 for postsecondary best practices
grants, the department may allocate funding for grants to community colleges,
public universities, or independent nonprofit colleges or universities that
implement the best practices identified by Complete College America aimed at
improving postsecondary education credential completion rates among all
students. Eligible postsecondary institutions may apply for grants under this
section in a form and manner determined by the department.
Sec.
11-1092. From the funds appropriated in part 1 for Focus: HOPE, $1,000,000.00
may be awarded to Focus: HOPE for education and workforce development
programming, early childhood education, youth development, food assistance, or
community empowerment and advocacy.
Sec.
11-1093. (1) From the one-time funds appropriated in part 1, the Michigan
council for arts and cultural affairs shall establish and administer a nature,
science, and cultural experiences competitive grant program. Grants shall be
awarded to cultural, educational, or governmental organizations that are
anchors and catalysts within their communities. The grants should focus on
projects that bring art, science, nature, history, and culture to Michigan
residents, provide an economic benefit to Michigan communities, and preserve
and celebrate Michigan's cultural diversity and natural beauty.
(2)
The Michigan council for arts and cultural affairs shall develop a distinct
application process including selection criteria for the nature, science, and
cultural experiences competitive grant program which shall be posted on the
Michigan council for arts and cultural affairs website and includes, but is not
limited to, the following:
(a)
On or before December 1, the council shall publish proposed application criteria,
instructions, and forms for use by prospective applicants. The Michigan council
for arts and cultural affairs may determine the appropriate deadline for
applications.
(b)
Awards shall be made on or before April 15. A complete list of awardees may be
posted on the Michigan council for arts and cultural affairs website within one
day of making the awards.
(c)
Awards shall be disbursed in a manner prescribed by the department.
(d)
Award recipients must provide a status report in a manner prescribed by the
department.
Article 12
LEGISLATURE
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
12-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the legislature are appropriated for the fiscal year ending
September 30, 2021, and are anticipated to be appropriated for the fiscal year
ending September 30, 2022, 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...................................... $ 207,165,400 $ 207,165,400
Total interdepartmental grants and
interdepartmental
transfers.............................................. 6,250,400 6,250,400
ADJUSTED GROSS APPROPRIATION............................ $ 200,915,000 $ 200,915,000
Total federal revenues................................... 0 0
Total local revenues..................................... 0 0
Total private revenues................................... 400,000 400,000
Total other state restricted revenues................... 6,776,800 6,776,800
State general fund/general purpose...................... $ 193,738,200 $ 193,738,200
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 193,738,200 193,738,200
One-time state general fund/general purpose.......... 0 0
Sec. 12-102. LEGISLATURE
Senate................................................... $ 43,499,800 $ 43,499,800
Senate automated data processing........................ 2,786,200 2,786,200
Senate fiscal agency..................................... 4,131,400 4,131,400
House of representatives................................. 64,158,200 64,158,200
House automated data processing......................... 2,786,200 2,786,200
House fiscal agency...................................... 4,131,400 4,131,400
GROSS APPROPRIATION...................................... $ 121,493,200 $ 121,493,200
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 121,493,200 $ 121,493,200
Sec. 12-103. LEGISLATIVE COUNCIL
Legislative corrections ombudsman....................... $ 1,027,000 $ 1,027,000
Legislative council...................................... 14,530,600 14,530,600
Legislative information technology systems
design
project................................................ 780,300 780,300
Legislative service bureau automated data
processing.... 1,811,000 1,811,000
Michigan veterans facility ombudsman.................... 321,500 321,500
National association dues................................ 613,800 613,800
Worker's compensation.................................... 151,400 151,400
GROSS APPROPRIATION...................................... $ 19,235,600 $ 19,235,600
Appropriated from:
Special revenue funds:
Private revenues......................................... 400,000 400,000
State general fund/general purpose...................... $ 18,835,600 $ 18,835,600
Sec. 12-104. LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses.......................... $ 5,494,300 $ 5,494,300
GROSS APPROPRIATION...................................... $ 5,494,300 $ 5,494,300
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 1,249,800 1,249,800
State general fund/general purpose...................... $ 4,244,500 $ 4,244,500
Sec. 12-105. PROPERTY MANAGEMENT
Binsfeld Office Building................................. $ 8,605,000 $ 8,605,000
Cora Anderson building................................... 12,612,400 12,612,400
GROSS APPROPRIATION...................................... $ 21,217,400 $ 21,217,400
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 21,217,400 $ 21,217,400
Sec. 12-106. STATE CAPITOL HISTORIC SITE
General operations....................................... $ 4,851,700 $ 4,851,700
Restoration, renewal, and maintenance................... 3,387,500 3,387,500
GROSS APPROPRIATION...................................... $ 8,239,200 $ 8,239,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 3,387,500 3,387,500
State general fund/general purpose...................... $ 4,851,700 $ 4,851,700
Sec. 12-107. INDEPENDENT CITIZENS REDISTRICTING COMMISSION
Independent citizens redistricting commission........... $ 4,771,800 $ 4,771,800
GROSS APPROPRIATION...................................... $ 4,771,800 $ 4,771,800
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 4,771,800 $ 4,771,800
Sec. 12-108. OFFICE OF THE AUDITOR GENERAL
Unclassified salaries.................................... $ 370,700 $ 370,700
Field operations......................................... 26,343,200 26,343,200
GROSS APPROPRIATION...................................... $ 26,713,900 $ 26,713,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human
services........ 33,500 33,500
IDG from department of labor and economic
opportunity... 411,900 411,900
IDG from department of licensing and
regulatory
affairs................................................ 105,000 105,000
IDG from department of military and veterans
affairs.... 53,600 53,600
IDG from department of state police..................... 44,700 44,700
IDG from department of technology, management
and
budget................................................. 854,000 854,000
IDG from department of transportation................... 1,222,400 1,222,400
IDG from department of treasury......................... 321,900 321,900
IDG from other restricted funding....................... 3,203,400 3,203,400
Special revenue funds:
21st century jobs fund................................... 105,300 105,300
Other state restricted revenues......................... 2,034,200 2,034,200
State general fund/general purpose...................... $ 18,324,000 $ 18,324,000
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$200,515,000.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $0.00.
Sec.
12-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
12-203. As used in this part and part 1:
(a)
"FTE" means full-time equated.
(b)
"IDG" means interdepartmental grant.
Sec.
12-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2021 are estimated at
$31,774,700.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $15,245,800.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$16,528,900.00.
LEGISLATURE
Sec.
12-600. The senate, the house of representatives, or an agency within the
legislative branch may receive, expend, and transfer funds in addition to those
authorized in part 1.
Sec.
12-601. (1) Funds appropriated in part 1 to an entity within the legislative
branch shall not be expended or transferred to another account without written
approval of the authorized agent of the legislative entity. If the authorized
agent of the legislative entity notifies the state budget director of its
approval of an expenditure or transfer before the year-end book-closing date
for that legislative entity, the state budget director shall immediately make
the expenditure or transfer. The authorized legislative entity agency shall be
designated by the speaker of the house of representatives for house entities,
the senate majority leader for senate entities, and the legislative council for
legislative council entities.
(2)
Funds appropriated within the legislative branch, to a legislative council
component, shall not be expended by any agency or other subgroup included in
that component without the approval of the legislative council.
Sec.
12-602. The senate may charge rent and assess charges for utility costs. The
amounts received for rent charges and utility assessments are appropriated to
the senate for the renovation, operation, and maintenance of the Senate Office
Building and other properties.
Sec.
12-603. (1) From the appropriation contained in part 1 for national association
dues, the first $34,800.00 shall be paid to the National Conference of
Commissioners of Uniform State Laws. The remaining funds shall be distributed
accordingly by the legislative council.
(2)
If any funds remain after all required dues payments have been made as
specified in subsection (1), the Legislative Council may approve the use of up
to $10,000.00 to pay for the registration fees of any state employees who serve
as board members to any of the national associations receiving state funds for
annual dues to attend that national association's annual conference. If any of
the $10,000.00 remains after national board member's registration fees are
paid, the remaining funds may be used to pay for the registration fees for any
other state employees to attend the annual conference of any of the national
associations receiving state funds for annual dues as prescribed in subsection
(1).
Sec.
12-604. (1) The appropriation in part 1 to the Michigan state capitol historic
site includes funds to operate the legislative parking facilities in the
capitol area. The Michigan state capitol commission shall establish rules
regarding the operation of the legislative parking facilities.
(2)
The Michigan state capitol commission shall collect a fee from state employees
and the general public using certain legislative parking facilities. The
revenues received from the parking fees are appropriated upon receipt and shall
be allocated by the Michigan state capitol commission.
Sec.
12-605. The unexpended funds appropriated in part 1 for the legislative council
are designated as a work project appropriation, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the project is publication of the Michigan manual.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of the project is $3,000,000.00.
(d)
The tentative completion date is September 30, 2025.
Sec.
12-606. The unexpended funds appropriated in part 1 for property management are
designated as a work project appropriation, and any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditures for projects under this section until the projects have been
completed. The following is in compliance with section 451a of the management
and budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the project is to purchase equipment and services for building
maintenance in order to ensure a safe and productive work environment.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of the project is $2,000,000.00.
(d)
The tentative completion date is September 30, 2025.
Sec.
12-607. The unexpended funds appropriated in part 1 for automated data
processing are designated as a work project appropriation, and any unencumbered
or unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the project is to purchase equipment, software, and services in
order to support and implement data processing requirements and technology
improvements.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of the project is $3,000,000.00.
(d)
The tentative completion date is September 30, 2025.
Sec.
12-608. In addition to funds appropriated in part 1, the Michigan capitol
committee publications save the flags fund account may accept contributions,
gifts, bequests, devises, grants, and donations. Those funds that are not
expended in the fiscal year ending September 30 shall not lapse at the close of
the fiscal year, and shall be carried forward for expenditure in the following
fiscal years.
Sec.
12-617. From the funds appropriated in part 1, on a quarterly basis, the
independent citizens redistricting commission shall issue a report to the
senate and house appropriations subcommittees on general government, the senate
and house fiscal agencies, and the state budget director that provides a
detailed listing of expenditures related to independent citizens redistricting
commission activities. In addition to providing a listing of expenditures, the
report must also include a detailed description of activities undertaken to
fulfill the independent citizens redistricting commission's constitutional
responsibilities.
LEGISLATIVE AUDITOR GENERAL
Sec.
12-620. Pursuant to section 53 of article IV of the state constitution of 1963,
the auditor general shall conduct audits of the executive, judicial, and
legislative branches.
Sec.
12-621. (1) The auditor general shall take all reasonable steps to ensure that
certified minority- and women-owned and operated accounting firms, and
accounting firms owned and operated by persons with disabilities participate in
the audits of the books, accounts, and financial affairs of each principal
executive department, branch, institution, agency, and office of this state.
(2)
The auditor general shall strongly encourage firms with which the auditor
general contracts to perform audits of the principal executive departments and
state agencies to subcontract with certified minority- and women-owned and
operated accounting firms, and accounting firms owned and operated by persons
with disabilities.
(3)
The auditor general shall compile an annual report regarding the number of
contracts entered into with certified minority- and women-owned and operated
accounting firms, and accounting firms owned and operated by persons with
disabilities. The auditor general shall deliver the report to the state budget
director and the senate and house of representatives standing committees on
appropriations subcommittees on general government by November 1 of each year.
Sec.
12-622. From the funds appropriated in part 1 to the legislative auditor
general, the auditor general's salary and the salaries of the remaining 2.0 FTE
unclassified positions shall be set by the speaker of the house of
representatives, the senate majority leader, the house of representatives
minority leader, and the senate minority leader.
Sec.
12-623. Any audits, reviews, or investigations requested of the auditor general
by the legislature or by legislative leadership, legislative committees, or
individual legislators shall include an estimate of the additional costs
involved and, when those costs exceed $50,000.00, should provide supplemental
funding. The auditor general shall determine whether to perform those
activities in keeping with Audit Directive No. 29, which describes the office
of the auditor general's policy on responding to legislative requests.
Sec.
12-624. If the auditor general conducts a subsequent audit pursuant to section
229 of this part, the auditor general may charge fees and collect revenues in
excess of appropriations in part 1 not to exceed the cost of any audit
conducted pursuant to section 229 of this part. Any revenues and fees collected
pursuant to this section are appropriated for expenditure for all expenses
associated with an audit conducted pursuant to section 229 of this part.
Article 13
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
13-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of licensing and regulatory affairs are
appropriated for the fiscal year ending September 30, 2021, and are anticipated
to be appropriated for the fiscal year ending September 30, 2022, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 30.0 30.0
Full-time
equated classified positions................ 1,827.9 1,827.9
GROSS APPROPRIATION...................................... $ 487,589,600 $ 462,589,600
Total interdepartmental grants and
interdepartmental
transfers.............................................. 46,664,600 46,664,600
ADJUSTED GROSS APPROPRIATION............................ $ 440,925,000 $ 415,925,000
Total federal revenues................................... 28,823,700 28,823,700
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues................... 258,945,700 238,945,700
State general fund/general purpose...................... $ 153,155,600 $ 148,155,600
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 148,155,600 148,155,600
One-time state general fund/general purpose.......... 5,000,000 0
Sec. 13-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 30.0 30.0
Full-time equated classified positions................ 100.0 100.0
Unclassified salaries-30.0 FTE positions................ $ 2,572,400 $ 2,572,400
Administrative services-73.0 FTE positions.............. 8,644,800 8,644,800
Executive director programs-24.0 FTE positions.......... 2,916,600 2,916,600
FOIA coordination-3.0 FTE positions..................... 331,900 331,900
Property management...................................... 8,418,600 8,418,600
Worker's compensation.................................... 304,300 304,300
GROSS APPROPRIATION...................................... $ 23,188,600 $ 23,188,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of insurance and financial
services............................................... 150,000 150,000
Federal revenues:
Other federal revenues................................... 1,065,900 1,065,900
Special revenue funds:
Other state restricted revenues......................... 21,737,200 21,737,200
State general fund/general purpose...................... $ 235,500 $ 235,500
Sec. 13-103. PUBLIC SERVICE COMMISSION
Full-time equated classified positions................ 188.0 188.0
Public service commission-188.0 FTE positions........... $ 33,014,200 $ 33,014,200
GROSS APPROPRIATION...................................... $ 33,014,200 $ 33,014,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,273,300 2,273,300
Special revenue funds:
Other state restricted revenues......................... 30,740,900 30,740,900
State general fund/general purpose...................... $ 0 $ 0
Sec. 13-104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions................ 145.0 145.0
Liquor licensing and enforcement-116.0 FTE
positions.... $ 16,579,200 $ 16,579,200
Management support services-29.0 FTE positions.......... 4,710,600 4,710,600
GROSS APPROPRIATION...................................... $ 21,289,800 $ 21,289,800
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 21,289,800 21,289,800
State general fund/general purpose...................... $ 0 $ 0
Sec. 13-105. OCCUPATIONAL REGULATION
Full-time equated classified positions................ 1,166.9 1,166.9
Bureau of community and health systems
administration-
433.9 FTE positions.................................... $ 69,051,500 $ 69,051,500
Bureau of construction codes-182.0 FTE
positions........ 23,980,600 23,980,600
Bureau of fire services-79.0 FTE positions.............. 12,552,700 12,552,700
Bureau of professional licensing-205.0 FTE
positions.... 40,873,400 40,873,400
Corporations, securities, and commercial
licensing
bureau-109.0 FTE positions............................. 15,275,400 15,275,400
Marihuana treatment research............................ 20,000,000 0
Medical marihuana facilities licensing and
tracking-
99.0 FTE positions..................................... 11,682,200 11,682,200
Medical marihuana program-25.0 FTE positions............ 5,162,500 5,162,500
Recreational marihuana regulation-34.0 FTE
positions.... 6,736,200 6,736,200
GROSS APPROPRIATION...................................... $ 205,314,500 $ 185,314,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 19,833,800 19,833,800
Federal revenues:
Other federal revenues................................... 24,297,200 24,297,200
Special revenue funds:
Other state restricted revenues......................... 135,189,600 115,189,600
State general fund/general purpose...................... $ 25,993,900 $ 25,993,900
Sec. 13-106. MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS
AND RULES
Full-time equated classified positions................ 212.0 212.0
Michigan office of administrative hearings and
rules-
212.0 FTE positions.................................... $ 38,834,800 $ 38,834,800
GROSS APPROPRIATION...................................... $ 38,834,800 $ 38,834,800
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 26,680,800 26,680,800
Special revenue funds:
Other state restricted revenues......................... 11,468,400 11,468,400
State general fund/general purpose...................... $ 685,600 $ 685,600
Sec. 13-107. COMMISSIONS
Full-time equated classified positions................ 16.0 16.0
Michigan indigent defense commission-16.0 FTE
positions.............................................. $ 2,714,000 $ 2,714,000
Michigan unarmed combat commission...................... 126,200 126,200
GROSS APPROPRIATION...................................... $ 2,840,200 $ 2,840,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 126,200 126,200
State general fund/general purpose...................... $ 2,714,000 $ 2,714,000
Sec. 13-108. GRANTS
Firefighter training grants.............................. $ 2,300,000 $ 2,300,000
Liquor law enforcement grants........................... 8,400,000 8,400,000
Medical marihuana operation and oversight
grants........ 3,000,000 3,000,000
Michigan indigent defense commission grants............. 117,467,400 117,467,400
Remonumentation grants................................... 6,800,000 6,800,000
Utility consumer representation......................... 750,000 750,000
GROSS APPROPRIATION...................................... $ 138,717,400 $ 138,717,400
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 21,450,000 21,450,000
State general fund/general purpose...................... $ 117,267,400 $ 117,267,400
Sec. 13-109. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 19,390,100 $ 19,390,100
GROSS APPROPRIATION...................................... $ 19,390,100 $ 19,390,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,187,300 1,187,300
Special revenue funds:
Other state restricted revenues......................... 16,943,600 16,943,600
State general fund/general purpose...................... $ 1,259,200 $ 1,259,200
Sec. 13-110. ONE-TIME APPROPRIATIONS
Michigan saves........................................... $ 5,000,000 $ 0
GROSS APPROPRIATION...................................... $ 5,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 5,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$412,101,300.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $137,967,400.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Firefighter training grants............................................ $ 2,300,000
Liquor law enforcement grants.......................................... 8,400,000
Medical marihuana operation and oversight
grants...................... 3,000,000
Michigan indigent defense commission grants............................ 117,467,400
Remonumentation grants................................................. 6,800,000
TOTAL.................................................................... $ 137,967,400
Sec.
13-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
13-203. As used in this article:
(a)
"Department" means the department of licensing and regulatory
affairs.
(b)
"Director" means the director of the department.
(c)
"FOIA" means the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(d)
"FTE" means full-time equated.
(e)
"IDG" means interdepartmental grant.
Sec.
13-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
13-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
13-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
13-209. Not later than 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 $25,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
13-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
13-212. Within 14 days after the release of the executive budget
recommendation, the department shall provide to the state budget office
information sufficient to provide the senate and house appropriations chairs,
the senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2020 and September 30,
2021.
Sec.
13-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
13-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2021 are estimated at
$47,354,500.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $22,721,300.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$24,633,200.00.
Sec.
13-215. Unless prohibited by law, the department may accept credit card or
other electronic means of payment for licenses, fees, or permits.
Sec.
13-221. The department may carry into the succeeding fiscal year unexpended
federal pass-through funds to local institutions and governments that do not
require additional state matching funds. Federal pass-through funds to local
institutions and governments that are received in amounts in addition to those
included in part 1 and that do not require additional state matching funds are
appropriated for the purposes intended. Within 14 days after the receipt of
federal pass-through funds, the department shall notify the house and senate
chairpersons of the subcommittees, the senate and house fiscal agencies, and
the state budget director of pass-through funds appropriated under this
section.
Sec.
13-222. (1) Grants supported with private revenues received by the department
are appropriated upon receipt and are available for expenditure by the
department, subject to subsection (3), for purposes specified within the grant
agreement and as permitted under state and federal law.
(2)
Within 10 days after the receipt of a private grant appropriated in subsection
(1), the department shall notify the house and senate chairpersons of the
subcommittees, the senate and house fiscal agencies, and the state budget
director of the receipt of the grant, including the fund source, purpose, and
amount of the grant.
(3)
The amount appropriated under subsection (1) shall not exceed $1,500,000.00.
Sec.
13-223. (1) The department may charge registration fees to attendees of
informational, training, or special events sponsored by the department, and
related to activities that are under the department's purview.
(2)
These fees shall reflect the costs for the department to sponsor the
informational, training, or special events.
(3)
Revenue generated by the registration fees is appropriated upon receipt and
available for expenditure to cover the department's costs of sponsoring
informational, training, or special events.
(4)
Revenue generated by registration fees in excess of the department's costs of
sponsoring informational, training, or special events shall carry forward to
the subsequent fiscal year and not lapse to the general fund.
(5)
The amount appropriated under subsection (3) shall not exceed $500,000.00.
Sec.
13-224. The department may make available to interested entities otherwise
unavailable customized listings of nonconfidential information in its
possession, such as names and addresses of licensees. The department may
establish and collect a reasonable charge to provide this service. The revenue
received from this service is appropriated when received and shall be used to
offset expenses to provide the service. Any balance of this revenue collected
and unexpended at the end of the fiscal year shall lapse to the appropriate
restricted fund.
Sec.
13-225. (1) The department shall sell documents at a price not to exceed the
cost of production and distribution. Money received from the sale of these
documents shall revert to the department. In addition to the funds appropriated
in part 1, these funds are available for expenditure when they are received by the
department of treasury. This subsection applies only for the following
documents:
(a)
Corporation and securities division documents, reports, and papers required or
permitted by law pursuant to section 1060(6) of the business corporation act,
1972 PA 284, MCL 450.2060.
(b)
The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303.
(c)
The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2350; the
business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; the nonprofit
corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform
securities act (2002), 2008 PA 551, MCL 451.2101 to 451.2703.
(d)
Construction code manuals.
(e)
Copies of transcripts from administrative law hearings.
(2)
In addition to the funds appropriated in part 1, funds appropriated for the
department under sections 57, 58, and 59 of the administrative procedures act
of 1969, 1969 PA 306, MCL 24.257, 24.258, and 24.259, and section 203 of the
legislative council act, 1986 PA 268, MCL 4.1203, are appropriated for all
expenses necessary to provide for the cost of publication and distribution.
(3)
Unexpended funds at the end of the fiscal year shall carry forward to the
subsequent fiscal year and not lapse to the general fund.
PUBLIC SERVICE COMMISSION
Sec.
13-301. The public service commission administers the low-income energy
assistance grant program on behalf of the Michigan department of health and
human services via an interagency agreement. Funds supporting the grant program
are appropriated in the department upon awarding of grants and may be expended
for grant payments and administrative related expenses incurred in the
operation of the program.
LIQUOR CONTROL COMMISSION
Sec.
13-401. (1) From the appropriations in part 1 from the direct shipper
enforcement fund, the liquor control commission shall expend these funds as
required under section 203(11) of the Michigan liquor control code of 1998,
1998 PA 58, MCL 436.1203, to investigate and audit unlawful direct shipments of
wine by unlicensed wineries and retailers. In addition to other investigative
methods, the commission shall use shipping records available to it under
section 203(21) of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1203, to assist with this effort.
(2)
By February 1, the liquor control commission shall provide a report to the
legislature, the subcommittees, and the state budget director detailing the
commission's activities to investigate and audit the illegal shipping of wine
and the results of these activities. The report shall include the following:
(a)
Work hours spent, specific actions undertaken, and the number of FTEs dedicated
to identifying and stopping unlicensed out-of-state retailers, third-party
marketers, and wineries that ship illegally in Michigan.
(b)
General overview of expenditures associated with efforts to identify and stop
unlicensed out-of-state retailers, third-party marketers, and wineries that
ship illegally in Michigan.
(c)
Number of out-of-state entities found to have illegally shipped wine into
Michigan and total number of bottles (750 ml), number of cases with 750 ml
bottles, number of liters, number of gallons, or weight of illegally shipped
wine. These items must be broken down by total number of retailers and total
number of wineries.
(d)
Suggested areas of focus on how to address direct shipper enforcement and
illegal importation in the future.
OCCUPATIONAL REGULATION
Sec.
13-501. Money appropriated under this part and part 1 for the bureau of fire
services shall not be expended unless, in accordance with section 2c of the
fire prevention code, 1941 PA 207, MCL 29.2c, inspection and plan review fees
will be charged according to the following schedule:
Operation and maintenance inspection
fee
Facility type Facility size Fee
Hospitals Any
$8.00 per bed
Plan review and construction
inspection fees for hospitals and schools
Project cost range FeeMMMM
$101,000.00 or less minimum
fee of $155.00
$101,001.00 to $1,500,000.00 $1.60
per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30
per $1,000.00
$10,000,001.00 or more $1.10
per $1,000.00
or
a maximum fee of $60,000.00.
Sec.
13-502. The funds collected by the department for licenses, permits, and other
elevator regulation fees set forth in the Michigan Administrative Code and as
determined under section 8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967
PA 227, MCL 408.816, that are unexpended at the end of the fiscal year shall
carry forward to the subsequent fiscal year.
Sec.
13-503. Not later than February 15, the department shall submit a report to the
subcommittees, the senate and house fiscal agencies, and the state budget
director providing the following information:
(a)
The number of veterans who were separated from service in the Armed Forces of
the United States with an honorable character of service or under honorable
conditions (general) character of service, individually or if a majority
interest of a corporation or limited liability company, that were exempted from
paying licensure, registration, filing, or any other fees collected under each
licensure or regulatory program administered by the bureau of construction
codes, the bureau of professional licensing, and the corporations, securities,
and commercial licensing bureau during the preceding fiscal year.
(b)
The specific fees and total amount of revenue exempted under each licensure or
regulatory program administered by the bureau of construction codes, the bureau
of professional licensing, and the corporations, securities, and commercial
licensing bureau during the preceding fiscal year.
(c)
The actual costs of providing licensing and other regulatory services to
veterans exempted from paying licensure, registration, filing, or any other
fees during the preceding fiscal year and a description of how these costs were
calculated.
(d)
The estimated amount of revenue that will be exempted under each licensure or
regulatory program administered by the bureau of construction codes, the bureau
of professional licensing, and the corporations, securities, and commercial
licensing bureau in both the current and subsequent fiscal years and a
description of how the exempted revenue was estimated.
Sec.
13-504. Funds remaining in the homeowner construction lien recovery fund are
appropriated to the department for payment of court-ordered homeowner
construction lien recovery fund judgments entered prior to August 23, 2010.
Pursuant to available funds, the payment of final judgments shall be made in the
order in which the final judgments were entered and began accruing interest.
Sec.
13-505. The department shall submit a comprehensive annual report for all
programs administered by the marijuana regulatory agency by January 31 to the
standing committees on appropriations of the senate and house of
representatives, the senate and house fiscal agencies, and the state budget
director. This report shall include, but is not limited to, all of the
following information for the prior fiscal year regarding the medical marihuana
program under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to
333.26430; the medical marihuana facilities licensing act, 2016 PA 281, MCL
333.27101 to 333.27801, and the Michigan Regulation and Taxation of Marihuana
Act, 2018 IL 1, MCL 333.27951 to 333.27967:
(a)
The number of initial applications received, by license category.
(b)
The number of initial applications approved, and the number of initial
applications denied, by license category.
(c)
The average amount of time, from receipt to approval or denial, to process an
initial application, by license category.
(d)
The number of license applications approved, by license category and by county.
(e)
The number of renewal applications received, by license category, if
applicable.
(f)
The number of renewal applications approved, and the number of renewal
applications denied, by license category, if applicable.
(g)
The average amount of time, from receipt to approval or denial, to process a
renewal application, by license category, if applicable.
(h)
The percentage of initial applications not approved or denied within the time
requirements established in the respective act, by license category.
(i)
The percentage of renewal applications not approved or denied within the time
requirements established in the respective act, by license category.
(j)
The total amount collected from application fees or established regulatory
assessment and the specific fund deposited into, by license category.
(k)
The costs of administering the licensing program under each of the above
referenced acts.
(l)
The registered name and addresses of all facilities licensed under the above
referenced acts, by license category and by county.
Sec.
13-506. If the revenue collected by the department for health systems
administration from fees and collections exceeds the amount appropriated in
part 1, the revenue may be carried forward into the subsequent fiscal year. The
revenue carried forward under this section shall be used as the first source of
funds in the subsequent fiscal year.
Sec.
13-507. Not later than February 1, the department shall submit a report to the
subcommittees, the senate and house fiscal agencies, and state budget director
providing the following information:
(a)
The total amount of reimbursements made to local units of government for
delegated inspections of fireworks retail locations pursuant to section 11 of
the Michigan fireworks safety act, 2011 PA 256, MCL 28.461, from the funds
appropriated in part 1 for the bureau of fire services during the preceding
fiscal year.
(b)
The amount of reimbursement for delegated inspections of fireworks retail
locations for each local unit of government that received reimbursement from
the funds appropriated in part 1 for the bureau of fire services during the
preceding fiscal year.
Sec.
13-508. (1) Beginning October 1, for the purpose of defraying the costs
associated with responding to false final inspection appointments and to
discourage the practice of calling for final inspections when the project is
incomplete or noncompliant with a plan of correction previously provided by the
bureau of fire services, the bureau of fire services may assess a fee not to
exceed $200.00 for responding to a second or subsequent confirmed false inspection
appointment. Fees collected under this section shall be deposited into the
restricted account referenced by section 2c(2) of the fire prevention code,
1941 PA 207, MCL 29.2c, and explicitly identified within the statewide
integrated governmental management applications system.
(2)
Not later than September 30, the department shall prepare a report that
provides the amount of the fee assessed under subsection (1), the number of
fees assessed and issued per region, the cost allocation for the work performed
and reduced as a result of this section, and any recommendations for
consideration by the legislature. The department shall submit this information
to the state budget director, the subcommittees, and the senate and house
fiscal agencies.
Sec.
13-510. The department shall submit a report on the Michigan automated
prescription system to the senate and house appropriations committees, the
senate and house fiscal agencies, and the state budget director by November 30.
The report shall include, but is not limited to, the following:
(a)
Total number of licensed health professionals registered to the Michigan
automated prescription system.
(b)
Total number of dispensers registered to the Michigan automated prescription
system.
(c)
Total number of prescribers using the Michigan automated prescription system.
(d)
Total number of dispensers using the Michigan automated prescription system.
(e)
Number of cases related to overprescribing, overdispensing, and drug diversion
where the department took administrative action as a result of information and
data generated from the Michigan automated prescription system.
(f)
The number of hospitals, doctor's offices, pharmacies, and other health
facilities that have integrated the Michigan automated prescription system into
their electronic health records systems.
(g)
Total number of delegate users registered to the Michigan automated
prescription system.
Sec.
13-514. From the appropriations in part 1, the bureau of community and health
systems administration; bureau of construction codes; bureau of fire services;
bureau of professional licensing; corporations, securities, and commercial
licensing bureau; and the marijuana regulatory agency must submit reports to
the subcommittees, senate and house fiscal agencies, and state budget director
by December 31. The reports must include all of the following information for
the prior fiscal year for each agency or bureau:
(a)
The number of complaints received, with the number of complaints specified for
each profession or license type that the agency or bureau regulates.
(b)
A description of the process used to resolve complaints.
(c)
A description of the types of complaints received with total counts of the
number of complaints of that type received.
(d)
The number of investigations initiated and the number of investigations closed.
(e)
Average amount of time needed to close investigations.
(f)
The number and type of enforcement actions taken against licensees and metrics
regarding any adverse actions taken against licensees including license
revocations, suspensions, and fines.
COMMISSIONS
Sec.
13-801. If Byrne formula grant funding is awarded to the Michigan indigent
defense commission, the Michigan indigent defense commission may receive and
expend Byrne formula grant funds in an amount not to exceed $250,000.00 as an
interdepartmental grant from the department of state police. The Michigan
indigent defense commission, created under section 5 of the Michigan indigent
defense commission act, 2013 PA 93, MCL 780.985, may receive and expend federal
grant funding from the United States Department of Justice in an amount not to
exceed $300,000.00 as other federal grants.
Sec.
13-802. From the funds appropriated in part 1, the Michigan indigent defense
commission shall submit a report by September 30 to the senate and house
appropriations subcommittees on licensing and regulatory affairs, the senate
and house fiscal agencies, and the state budget director on the incremental
costs associated with the standard development process, the compliance plan
process, and the collection of data from all indigent defense systems and
attorneys providing indigent defense. Particular emphasis shall be placed on
those costs that may be avoided after standards are developed and compliance plans
are in place.
GRANTS
Sec.
13-901. (1) The department shall expend the funds appropriated in part 1 for
medical marihuana operation and oversight grants for grants to counties for
education and outreach programs relating to the Michigan medical marihuana
program pursuant to section 6(l) of the Michigan Medical Marihuana Act, 2008 IL
1, MCL 333.26426. These grants shall be distributed proportionately based on
the number of registry identification cards issued to or renewed for the
residents of each county that applied for a grant under subsection (2). For the
purposes of this subsection, operation and oversight grants are for education,
communication, and outreach regarding the Michigan Medical Marihuana Act, 2008
IL 1, MCL 333.26421 to 333.26430. Grants provided under this section must not
be used for law enforcement purposes.
(2)
Not later than December 1, the department shall post a listing of potential
grant money available to each county on its website. In addition, the
department shall work collaboratively with counties regarding the availability
of these grant funds. A county requesting a grant shall apply on a form
developed by the department and available on its website. The form shall
contain the county's specific projected plan for use of the money and its
agreement to maintain all records and to submit documentation to the department
to support the use of the grant money.
(3)
In order to be eligible to receive a grant under subsection (1), a county shall
apply not later than January 1 and agree to report how the grant was expended
and to provide that report to the department not later than September 15. The
department shall submit a report not later than October 15 of the subsequent
fiscal year to the state budget director, the subcommittees, and the senate and
house fiscal agencies detailing the grant amounts by recipient and the reported
uses of the grants in the preceding fiscal year.
Sec.
13-902. (1) The amount appropriated in part 1 for firefighter training grants
shall only be expended for payments to counties to reimburse organized fire
departments for firefighter training and other activities required under the
firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2)
If the amount appropriated in part 1 for firefighter training grants is
expended by the firefighters training council, established in section 3 of the
firefighters training council act, 1966 PA 291, MCL 29.363, for payments to
counties under section 14 of the firefighters training council act, 1966 PA 291,
MCL 29.374, in compliance with statute, the following subsections apply:
(a)
The amount appropriated in part 1 for firefighter training grants shall be
allocated pursuant to section 14(2) of the firefighters training council act,
1966 PA 291, MCL 29.374.
(b)
If the amount allocated to any county under subdivision (a) is less than
$5,000.00, the amounts disbursed to each county under subdivision (a) shall be
adjusted to provide for a minimum payment of $5,000.00 to each county.
(3)
Not later than February 1, the department shall submit a financial report to
the subcommittees, the senate and house fiscal agencies, and the state budget
director identifying the following information for the preceding fiscal year:
(a)
The amount of the payments that would be made to each county if the
distribution formula described by the first sentence of section 14(2) of the
firefighters training council act, 1966 PA 291, MCL 29.374, would have been
utilized to allocate the total amount appropriated in part 1 for firefighter
training grants.
(b)
The amount of the payments approved by the firefighters training council for
allocation to each county.
(c)
The amount of the payments actually expended or encumbered within each county.
(d)
A description of any other payments or expenditures made under the authority of
the firefighters training council.
(e)
The amount of payments approved for allocations to counties that was not
expended or encumbered and lapsed back to the fireworks safety fund.
ONE-TIME APPROPRIATIONS
Sec.
13-1002. From the funds appropriated in part 1 for Michigan Saves, the Michigan
public service commission may award a $5,000,000.00 grant to a nonprofit green
bank with experience in leveraging energy-efficiency and renewable energy
improvements, for the purpose of making such loans more affordable for Michigan
families, businesses, and public entities. Grant funds may be used to support a
loan loss reserve fund or other comparable financial instrument to further
leverage private investment in clean energy improvements.
Article 14
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
14-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of military and veterans affairs are
appropriated for the fiscal year ending September 30, 2021, and are anticipated
to be appropriated for the fiscal year ending September 30, 2022, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 9.0 9.0
Full-time equated classified positions................ 1,052.5 1,052.5
GROSS APPROPRIATION...................................... $ 224,342,500 $ 192,204,500
Total interdepartmental grants and
interdepartmental
transfers.............................................. 101,800 101,800
ADJUSTED GROSS APPROPRIATION............................ $ 224,240,700 $ 192,102,700
Total federal revenues................................... 123,626,100 104,721,100
Total local revenues..................................... 0 0
Total private revenues................................... 630,000 630,000
Total other state restricted revenues................... 20,313,400 20,313,400
State general fund/general purpose...................... $ 79,671,200 $ 66,438,200
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 66,438,200 66,438,200
One-time state general fund/general purpose.......... 13,233,000 0
Sec. 14-102. MILITARY
Full-time equated unclassified positions.............. 9.0 9.0
Full-time equated classified positions.............. . 371.0 371.0
Unclassified salaries-9.0 FTE positions................. $ 1,566,700 $ 1,566,700
Departmentwide........................................... 1,792,200 1,792,200
Headquarters and armories-86.0 FTE positions............ 20,950,100 20,950,100
Michigan youth challeNGe academy-68.0 FTE
positions..... 9,759,900 9,759,900
Military family relief fund.............................. 150,000 150,000
Military retirement...................................... 1,000,000 1,000,000
Military training sites and support
facilities-215.0
FTE positions.......................................... 41,056,700 41,056,700
National guard operations................................ 298,200 298,200
National guard tuition assistance fund-2.0 FTE
positions.............................................. 6,516,600 6,516,600
Starbase grant........................................... 2,322,000 2,322,000
GROSS APPROPRIATION...................................... $ 85,412,400 $ 85,412,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 101,800 101,800
Federal revenues:
Other federal revenues................................... 60,378,600 60,378,600
Special revenue funds:
Private revenues......................................... 90,000 90,000
Other state restricted revenues......................... 1,777,700 1,777,700
State general fund/general purpose...................... $ 23,064,300 $ 23,064,300
Sec. 14-103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions................ 50.0 50.0
County veteran service fund.............................. $ 2,000,000 $ 2,000,000
Michigan veterans affairs agency
administration-44.0
FTE positions.......................................... 7,537,200 7,537,200
Veterans' trust fund administration-6.0 FTE
positions... 920,000 920,000
Veterans' trust fund grants.............................. 1,480,000 1,480,000
Veterans service grants.................................. 3,835,500 3,835,500
GROSS APPROPRIATION...................................... $ 15,772,700 $ 15,772,700
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 2,450,000 2,450,000
State general fund/general purpose...................... $ 13,322,700 $ 13,322,700
Sec. 14-104. MICHIGAN VETERAN HOMES
Full-time equated classified positions................ 631.5 631.5
Chesterfield Township home for veterans-115.0
FTE
positions.............................................. $ 8,590,000 $ 8,590,000
D.J. Jacobetti home for veterans-200.0 FTE
positions.... 24,684,700 24,684,700
Grand Rapids home for veterans-298.5 FTE positions...... 29,520,700 29,520,700
Michigan veterans facility authority.................... 634,100 634,100
Michigan veteran homes administration-18.0 FTE
positions.............................................. 3,013,700 3,013,700
Veterans cemetery........................................ 85,200 85,200
GROSS APPROPRIATION...................................... $ 66,528,400 $ 66,528,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 23,624,100 23,624,100
Special revenue funds:
Private revenues......................................... 540,000 540,000
Other state restricted revenues......................... 14,341,600 14,341,600
State general fund/general purpose...................... $ 28,022,700 $ 28,022,700
Sec. 14-105. CAPITAL OUTLAY
Armory maintenance....................................... $ 1,000,000 $ 1,000,000
Grayling army airfield readiness center................. 18,905,000 0
Land and acquisitions.................................... 1,000,000 1,000,000
Special maintenance - National Guard.................... 20,000,000 20,000,000
Special maintenance - veterans' homes................... 500,000 500,000
GROSS APPROPRIATION...................................... $ 41,405,000 $ 22,500,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 38,905,000 20,000,000
Special revenue funds:
Other state restricted revenues......................... 1,000,000 1,000,000
State general fund/general purpose...................... $ 1,500,000 $ 1,500,000
Sec. 14-106. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 1,991,000 $ 1,991,000
GROSS APPROPRIATION...................................... $ 1,991,000 $ 1,991,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 718,400 718,400
Special revenue funds:
Other state restricted revenues......................... 744,100 744,100
State general fund/general purpose...................... $ 528,500 $ 528,500
Sec.
14-107. ONE-TIME APPROPRIATIONS
Grand Rapids home for veterans.......................... $ 13,233,000 $ 0
GROSS APPROPRIATION...................................... $ 13,233,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 13,233,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$99,984,600.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $2,136,500.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Military training sites and support
facilities......................... $ 46,500
County veteran service fund............................................ 2,000,000
Michigan veterans affairs agency
administration........................ 90,000
TOTAL.................................................................... $ 2,136,500
Sec.
14-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
14-203. As used in this article:
(a)
"CENA" means competency evaluated nursing assistants.
(b)
"Department" means the department of military and veterans affairs.
(c)
"Director" means the director of the department.
(d)
"FTE" means full-time equated.
(e)
"HVAC" means heating, ventilation, and air conditioning.
(f)
"IDG" means interdepartmental grant.
(g)
"Michigan veterans' facility authority" means the authority created
under section 3 of the Michigan veterans' facility authority act, 2016 PA 560,
MCL 36.103.
(h)
"MVAA" means the Michigan veterans affairs agency.
(i)
"MVH" means the Michigan veteran homes.
(j)
"USDVA" means the United States Department of Veterans Affairs.
(k)
"USDVA-VHA" means the USDVA Veterans Health Administration.
(l)
"VSO" means veterans service organization.
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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
14-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
14-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
14-209. Not later than 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 $12,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(2)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $3,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
Sec.
14-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
14-212. Within 14 days after the release of the executive budget recommendation,
the department shall provide to the state budget office information sufficient
to provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
14-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
14-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2021 are estimated at
$20,359,000.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $9,768,500.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$10,590,500.00.
Sec.
14-218. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with section 248 of the
management and budget act, 1984 PA 431, MCL 18.1248.
Sec.
14-219. Sixty days prior to the public announcement of the intention to sell
any department real property, the department shall submit notification of that
intent to the subcommittees and the senate and house fiscal agencies.
Sec.
14-220. Money privately donated to the department for the Grand Rapids home for
veterans, D.J Jacobetti home for veterans, or Chesterfield Township home for
veterans in excess of the appropriation in part 1 are appropriated and may be
used to the purpose designated by the private source, if specified.
MILITARY
Sec.
14-301. From the funds appropriated in part 1, there is funding to support
unclassified employee positions as authorized by section 5 of article XI of the
state constitution of 1963.
Sec.
14-302. (1) From the funds appropriated in part 1 for military operations,
effective and efficient executive direction and administrative leadership shall
be provided to the department.
(2)
The department shall operate and maintain National Guard armories.
(3)
The department shall evaluate armories and submit a report biannually on the
status of the armories.
(4)
The department shall maintain a system to measure the condition and adequacy of
the armories.
(5)
The Michigan Army National Guard and Air National Guard shall work to provide a
culture that is free of sexual assault, through an environment of prevention,
education and training, response capability, victim support, reporting
procedures, and appropriate accountability that enhances the safety and
well-being of all guard members.
(6)
By December 1, the department shall report the following information to the
subcommittees, the senate and house fiscal agencies, and the state budget
office:
(a)
An assessment of the grounds and facilities of each armory to objectively
measure and determine the current facility condition and capability to support
authorized manpower, unit training, and operations.
(b)
Recommendations for the placement of new armories, the relocation or
consolidation of existing armories, or a change in the mission of units
assigned to armories to ideally position the National Guard in current or
projected population centers.
(c)
Recommendations for the enhanced use of armories to facilitate family support
programs during deployments.
(d)
An analysis of the feasibility, potential costs, and benefits of use of
armories shared with other local, state, or federal agencies to improve
responses to local emergencies as well as the community support provided to
armories.
(e)
An investment strategy and proposed funding amounts in a prioritized project
list to correct the most critical facility shortfalls across the inventory of
armories in this state.
Sec.
14-303. (1) The department shall maintain the Michigan youth challeNGe academy
to provide values, skills, education, and self discipline instruction for
at-risk youth as provided under 32 USC 509.
(2)
The department shall take steps to recruit candidates to the challeNGe academy
from economically disadvantaged areas, including those with low-income and
high-unemployment backgrounds.
(3)
The department shall partner with the department of health and human services
to identify youth who may be eligible for the challeNGe academy from those
youth served by department of health and human services programs. These eligible
youth shall be given priority for enrollment in the academy.
(4)
The department shall maintain the staffing and resources necessary to train and
graduate at least 114 students per cohort (228 annually).
(5)
The department shall ensure individual academic success as measured by the
number of individuals who have received a general equivalency diploma, high
school diploma, or high school credit recovery or by the improvement of tests
of adult basic education scores, or both.
(6)
Any unexpended private donations to support the Michigan youth challeNGe
academy at the close of this fiscal year shall not lapse to the general fund
but shall be carried forward to the subsequent fiscal year.
Sec.
14-304. (1) The department shall provide grants for disbursement from the
military family relief fund, as provided under the military family relief fund
act, 2004 PA 363, MCL 35.1211 to 35.1216, and R 200.5 to R 200.95 of the
Michigan Administrative Code.
(2)
The department shall provide information on the revenues, expenditures for
advertising and assistance grants, and fund balance of the Michigan military
family relief fund biannually.
(3)
From the funds appropriated in part 1, the department shall provide outreach to
the Michigan families of members of the reserve component of the Armed Forces
of the United States called into active duty and support the processing and
approval of grant applications for this fiscal year under the Michigan military
relief fund and report those applications biannually.
Sec.
14-305. (1) The department shall provide Army and Air National Guard forces,
when directed, for state and local emergencies and in support of national
military requirements.
(2)
The department shall operate and maintain Army National Guard training
facilities, including Fort Custer and Camp Grayling.
(3)
The department shall maintain a system that measures the condition and adequacy
of air facilities using both quality and functionality criteria.
(4)
The department shall operate and maintain Air National Guard air bases,
including Selfridge Air National Guard base, Battle Creek Air National Guard
base, and Alpena combat readiness training center.
(5)
The department shall provide the following information biannually:
(a)
The apportioned and assigned strength of the Michigan Army National Guard.
(b)
The apportioned and assigned strength of the Michigan Air National Guard.
(c)
Recruiting, retention, and attrition data, including measurement against stated
performance goals, for the Michigan Army National Guard.
(d)
Recruiting, retention, and attrition data, including measurement against stated
performance goals, for the Michigan Air National Guard.
Sec.
14-306. There is created and established under the jurisdiction and control of
the department a revolving account to be known as the billeting fund account.
All of the fees and other revenues generated from the operation of the
chargeable transient quarters program shall be deposited in the billeting fund
account. Appropriations will be made from the account for the support of
program operations and the maintenance and operations of the chargeable
transient quarters program and will not exceed the estimated revenues for the
fiscal year in which they are made, together with unexpended balances from
prior years. The department shall submit an annual report of operations and
expenditures regarding the billeting fund account to the appropriations
committees of the senate and house of representatives, the senate and house
fiscal agencies, and the state budget office at the end of the fiscal year.
Sec.
14-307. (1) The department shall maintain a National Guard tuition assistance
program for eligible individuals as defined in 2014 PA 259, MCL 32.432 and
32.433.
(2)
The objective of the National Guard tuition assistance program is to bolster
military readiness by increasing recruitment and retention of Michigan Army and
Air National Guard service members, to fill federally authorized strength
levels for the state, to improve the Michigan Army and Air National Guard's
competitive draw from other military enlistment options in the state, to
enhance the ability of the Michigan Army and Air National Guard to compete for
members and federal dollars with surrounding states, and to increase the pool
of eligible candidates within the Michigan Army and Air National Guard to
become commissioned officers.
(3)
The department shall make efforts to increase the number of national guard
members who have received a credential or are still enrolled in the Michigan
National Guard tuition assistance program after their initial term of
enlistment with the goal of 55% of program participants, or at the current
4-year college graduation rate in Michigan, whichever is higher. To evaluate
the effectiveness of the program, the department shall monitor the number of
new recruits and new reenlistments and the percentage of those who become
participants in the program to determine whether the percentage of authorized
Michigan Army and Air National Guard strength obtained and retained is
competitive in comparison with the neighboring army and air national guards
from Illinois, Indiana, Ohio, and Wisconsin.
(4)
Not later than March 1, 2021, the department shall provide a report to the
subcommittees on the Michigan National Guard tuition assistance program. The
report shall include the number of guard members receiving tuition assistance,
where those guard members received education or training under the program, the
average amount of financial assistance received, the total funds spent on the
program, and, in the opinion of the department, after those expenditures,
whether any unmet needs remained. The report shall also include performance
data regarding the number of members denied benefits from the program. The
report shall include, but is not limited to, all of the following information:
(a)
The total number of applications for tuition assistance denied.
(b)
A delineated list of the grounds for denial and the number of the total
applicable to each reason for denial.
(c)
A list of specific actions undertaken to increase the opportunities for
expanding qualified educational and training programs.
(d)
A list of any educational and training programs removed from eligibility and
the rationale for their removal.
(e)
An explanation of any identified barriers to the successful utilization of
funds appropriated in part 1 for the National Guard tuition assistance fund and
applicable proposals for legislative action to address those barriers.
(5)
The general fund/general purpose funds appropriated in part 1 for the National
Guard tuition assistance fund shall be deposited to the restricted Michigan
National Guard tuition assistance fund created in section 4 of the Michigan
National Guard tuition assistance act, 2014 PA 259, MCL 32.434. All funds in
the restricted Michigan National Guard tuition assistance fund are appropriated
and available for expenditure to support the Michigan National Guard tuition
assistance program.
Sec.
14-308. The department shall maintain the starbase program at Air National
Guard facilities, as provided under 10 USC 2193b, to improve the knowledge,
skills, and interest of students, primarily in the fifth grade, in math,
science, and technology. The starbase program is to specifically target
minority and at-risk students for participation.
MICHIGAN VETERANS AFFAIRS AGENCY
Sec.
14-405. (1) The MVAA shall provide a report biannually on the financial status
of the Michigan veterans' trust fund, including the number and amount of
emergency grants, state operating and administrative expenses, and county
administrative expenses.
(2)
The Michigan veterans' trust fund board together with the agency shall maintain
the staffing and resources necessary to process a minimum of 2,000 applications
for veterans' trust fund emergency grants.
(3)
The Michigan veterans' trust fund board together with the MVAA shall provide
emergency grants for disbursement from the Michigan veterans' trust fund, as
provided under the following program authorities:
(a)
Sections 37, 38, and 39 of article IX of the state constitution of 1963.
(b)
1946 (1st Ex Sess) PA 9, MCL 35.602 to 35.610.
(c)
R 35.1 to R 35.7 of the Michigan Administrative Code.
(d)
R 35.621 to R 35.623 of the Michigan Administrative Code.
(4)
No later than February 1, the MVAA shall provide a detailed report of the
Michigan veterans' trust fund that includes, for the immediately preceding
fiscal year, information on grants provided from the emergency grant program,
including details concerning the methodology of allocations, the selection of emergency
grant program authorized agents, a description of how the emergency grant
program is administered in each county, and a detailed breakdown of trust fund
expenditures for that year, including the amount distributed to each county for
operating costs, administrative costs and emergency grants. The report shall
also include the number of approved applications, by category of assistance,
and the number of denied applications, by reason of denial. The report shall
also provide an update on the department's efforts to reduce program
administrative costs and maintain the Michigan veterans' trust fund corpus at
or above its original amount of at least $50,000,000.00.
Sec.
14-406. (1) The MVAA shall provide outreach services to Michigan veterans to
advise them on the benefits to which they are entitled, as provided under
Executive Reorganization Order No. 2013-2, MCL 32.92. The MVAA shall also do
the following:
(a)
Develop and operate an outreach program that communicates benefit eligibility
information to at least 50% of Michigan's population of veterans, as assessed
by annual census estimates, with a goal of reaching 100% and enabling 100% to
access benefit information online.
(b)
Communicate veteran benefit information pertaining to the Michigan military family
relief fund, Michigan veterans' trust fund, and USDVA health, financial, and
memorial benefits to which veterans are entitled.
(c)
Provide sufficient staffing and other resources to approve requests for
military discharge certificates (DD-214) annually.
(d)
Continue the process to digitize all medical records, military discharge
documents, and burial records that are currently on paper and microfilm.
(e)
Provide a report biannually 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, the senate and house fiscal agencies,
and the state budget office no later than April 1 providing, to the extent known,
data on the estimated number of homeless veterans, by county, in this state.
(g)
Provide the percentage of Michigan veterans contacted through its outreach
programs, with a goal of 90%, and report that percentage to the subcommittees
biannually on the status of outreach.
(2)
From the funds appropriated in part 1, the MVAA shall provide for the regional
coordination of services, as follows:
(a)
The MVAA shall coordinate with veteran benefit counselors throughout a
specified region.
(b)
The MVAA shall coordinate services with the department of health and human
services and the department of corrections.
(c)
The MVAA shall coordinate with regional workforce and economic development
agencies.
(d)
The MVAA shall coordinate activities among local foundations, nonprofit
organizations, and community groups to improve accessibility, enrollment, and
utilization of the array of health care, education, employment assistance, and
quality of life services provided at the local level.
(e)
The MVAA may work with MVAA service officers, 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.
(f)
The MVAA shall coordinate with the department of health and human services to
identify Medicaid recipients who are veterans and who may be eligible for
federal veterans health care benefits or other benefits, to the extent that the
identification does not violate applicable confidentiality requirements.
(g)
The MVAA shall collaborate with the department of corrections to create and
maintain a process by which prisoners can obtain a copy of their DD-214 form or
other military discharge documentation if necessary.
(h)
The MVAA shall ensure that all MVAA service officers, 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 biannually:
(i)
The number of benefit claims, by type, submitted to the USDVA by MVAA.
(ii)
The number of fully developed claims submitted to the USDVA, with an overall
goal of 40% of benefit claims submitted that are considered fully developed by
the USDVA.
(b)
Maintain the staffing and resources necessary to process a minimum of 500
claims per year.
(4)
The MVAA shall maintain staffing and resources necessary to develop and
implement a process to ensure that all county counselors receive the training
and accreditation necessary to provide quality services to veterans. The MVAA
shall report information biannually on the number and percentage of county
veterans counselors trained by the MVAA, and the number and percentage who
received funding from the MVAA to attend training, with an overall goal of 100%
of county veterans counselors trained.
(5)
From the funds appropriated in part 1 for MVAA, the MVAA is authorized to
expend up to $50,000.00 to hire legal services to represent veterans benefit
cases before federal court to maintain accreditation under 38 CFR 14.628(d)(1)(iv).
Sec.
14-407. (1) The MVAA shall disburse grants to achieve agency goals and
performance objectives in partnership with counties, VSOs and tribal
governments. Grants will be disbursed to fund programs and projects that are
determined by the agency to meet agency performance objectives and ensure that
grantees communicate the availability of emergency grants through the Michigan
veterans' trust fund. In disbursing grants, the MVAA shall do all of the
following:
(a)
Ensure that each grantee is issued performance standards.
(b)
Ensure that each grantee uses those funds for veterans advocacy and outreach.
(c)
Monitor the performance of each grantee.
(d)
Require each grantee to report not less than quarterly on services provided to
veterans and account for all grant fund expenditures.
(e)
Require that each grantee report not less than quarterly both of the following:
(i)
The number and type of claims originated and submitted by the grantee to the
USDVA.
(ii)
The number and type of claims originated by an organization other than the
grantee and submitted by the grantee to the USDVA.
(f)
Promulgate monthly benchmark requirements, based upon contractual obligations,
that each grantee must meet and require each grantee to report on achieving the
benchmark requirements not less than quarterly to the MVAA, in order to ensure
that each grantee meets MVAA veteran service goals.
(g)
Assess the accuracy rate of claims reported by grantees and the attendance rate
of grantees, based upon contractual obligations.
(h)
Ensure that each grantee adheres to the MVAA approved schedule of operations.
(i)
Report biannually to the subcommittees and senate and house fiscal agencies on
grantee operations monitored under this subsection.
(2)
Grants awarded to a VSO by the MVAA shall provide for the following, as
developed by the MVAA:
(a)
The provision of service to veterans statewide, using a regional service
delivery model, with services provided at specified locations and times,
including service provided in state correctional facilities.
(b)
The payment of an hourly service rate that shall not exceed $34.00 per hour.
(c)
A specified number of service hours within each geographic region of this
state, with a statewide goal based on both appropriations for the fiscal year
ending September 30, 2021 for the grant programs and the hourly service rate
under subdivision (b). The statewide goal will include service hours provided
to eligible incarcerated veterans within 1 year of their earliest release date.
(d)
Use of an MVAA-designated internet-based claims data system.
(3)
The MVAA shall report the following information biannually:
(a)
A summary of activities supported through the appropriation in part 1 for
grants, including the amount of expenditures to date, number of service hours,
number of claims for benefits submitted by type of claim, and other information
deemed appropriate by the MVAA.
(b)
The number and percentage of fully developed claims submitted to the USDVA, and
the number and percentage of fully developed claims submitted that are
considered fully developed by the USDVA with an overall goal of 40%.
Sec.
14-410. The general fund/general purpose funds appropriated in part I for the
county veteran service fund shall be deposited to the restricted county veteran
service fund created in section 3a of 1953 PA 192, MCL 35.623a. All funds in
the restricted county veteran service fund are appropriated and available for
expenditure to support county veteran service grants.
MICHIGAN VETERAN HOMES
Sec.
14-451. The Michigan veterans' facility authority shall exercise certain
regulatory and governance authority regarding admission and member affairs at
the Grand Rapids, D.J. Jacobetti and Chesterfield Township homes for veterans
and shall also work to represent the interest of the veterans' community in
both advisory and advocacy roles.
Sec.
14-452. (1) The MVH and the Michigan veterans' facility authority shall provide
compassionate and quality nursing and domiciliary care services at the Grand
Rapids, D.J. Jacobetti and Chesterfield Township homes for veterans so that
members can achieve their highest potential of wellness, independence,
self-worth, and dignity.
(2)
From the funds appropriated in part 1, the department shall provide 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, D.J. Jacobetti and Chesterfield
Township homes for veterans shall not be used for any purpose other than for
veterans and veterans' families.
(4)
Any contractor providing mental health services to the Grand Rapids, D.J.
Jacobetti and Chesterfield Township homes for veterans shall utilize mental
health interventions that have been shown to be effective with the conditions
they are treating, in accordance with evidence-based best practices supported
by the USDVA-VHA, United States Department of Defense, the Substance Abuse and
Mental Health Services Administration, the American Psychological Association,
and the National Association of Social Workers.
(5)
Any contractor providing CENAs to the Grand Rapids home for veterans shall
ensure that each CENA has at least 8 hours of training on information provided
by the home.
(6)
Any contractor providing competency evaluated nursing assistants to the Grand
Rapids home for veterans shall ensure that each CENA has at least 1 eight-hour
shift of shadowing at the veterans' home.
(7)
Any contractor providing competency evaluated nursing assistants to the Grand
Rapids home for veterans shall ensure that each CENA is competent in the basic
skills needed to perform his or her assigned duties at the home.
(8)
The Grand Rapids home for veterans shall provide each CENA at least 12 hours of
in-service training once that individual has been assigned to the home.
(9)
All complaints of abusive or neglectful care at the Grand Rapids, D.J.
Jacobetti and Chesterfield Township homes for veterans by a resident member, a
resident member's family or legal guardian, or staff of the veterans' homes
received by a supervisor shall be referred to the director of nursing or his or
her designee upon receipt of the complaint.
(10)
The Grand Rapids, D.J. Jacobetti and Chesterfield Township 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,
D.J. Jacobetti and Chesterfield Township homes for veterans shall provide all
members and staff a safe and secure environment.
(11)
The Grand Rapids, D.J. Jacobetti and Chesterfield Township homes for veterans
shall ensure that they effectively develop, execute, and monitor all
comprehensive care plans in accordance with federal regulations and their
internal policies, with a goal that a comprehensive care plan is fully
developed for all resident members.
(12)
The Grand Rapids, D.J. Jacobetti and Chesterfield Township homes for veterans
shall implement controls over their food, maintenance supplies,
pharmaceuticals, and medical supplies inventories.
(13)
The Grand Rapids, D.J. Jacobetti and Chesterfield Township 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, D.J. Jacobetti and
Chesterfield Township homes for veterans shall establish sufficient controls to
ensure that all past due resident member maintenance assessments are addressed
within 30 days.
(14)
The Grand Rapids, D.J. Jacobetti and Chesterfield Township homes for veterans
shall establish sufficient controls over monetary donations and donated goods.
(15)
The Grand Rapids, D.J. Jacobetti and Chesterfield Township homes for veterans
shall implement sufficient controls over the handling of resident member funds
to ensure the release of funds within 15 calendar days upon the resident member
leaving the home and to ensure that a representative of a resident member is
provided a full accounting of that resident member's funds within 30 calendar
days of the death of that resident member.
(16)
The MVH shall post on its website all policies adopted by the Michigan
veterans' facility authority and the veterans' homes related to the
administrative operations of the veterans' homes.
(17)
The process by which visitors, residents, and employees of the Grand Rapids,
D.J. Jacobetti and Chesterfield Township homes for veterans may register
complaints shall be displayed in high-traffic areas throughout the home.
(18)
The MVH shall report its findings regarding the state veterans' homes'
compliance with the requirements and standards under this section in a biannual
report to the legislature and the state budget office. The biannual reports
shall include, but are not limited to, all of the following information:
(a)
Quality of care metrics, including:
(i)
The number of patient care hours and staffing levels measured against USDVA-VHA
standards.
(ii)
Sentinel events reported to the USDVA.
(iii)
Fall and wound reports.
(iv)
Complaint reports, including abuse and neglect complaints and outcomes of
complaint investigations.
(v)
Additional minimum data set quality of care indicators used to measure quality
of care in long-term care facilities.
(b)
Biannual budget update.
(c)
An accounting of resident member populations at the Grand Rapids, D.J.
Jacobetti and Chesterfield Township 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 on corrective action status related to any audit and survey findings
until those findings have been fully addressed.
(19)
The MVH 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
for the homes in its system. This information shall also be made available
publicly through the department's or MVH's website.
CAPITAL OUTLAY
Sec.
14-501. (1) The department shall provide for the acquisition and disposition of
National Guard armories, facilities, and lands as provided under sections 368,
382, and 382a of the Michigan military act, 1967 PA 150, MCL 32.768, 32.782,
and 32.782a.
(2)
The department shall provide a listing of property sales and acquisitions
biannually.
Sec.
14-502. (1) The appropriations in part 1 for special maintenance - National
Guard shall be carried forward at the end of the fiscal year consistent with
section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.
(2)
The appropriations for special maintenance - National Guard shall be expended
in accordance with the requirements of sections 302 and 305 of this part and
shall be expended according to the maintenance priorities of the department to
repair and modernize military training sites and support facilities, including
armories, which may include projects such as roof, HVAC, or boiler replacement,
interior renovations, facility expansion, improvements to parking facilities,
and other projects.
(3)
The department shall provide a report biannually providing information on the
status, projected costs, and projected completion date of current and planned
special maintenance projects at the armories and other National Guard
facilities funded from capital outlay appropriations made in part 1 and in
prior appropriations years.
Sec.
14-503. (1) The appropriations in part 1 for special maintenance - veterans
homes shall be carried forward at the end of the fiscal year consistent with
section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.
(2)
The appropriations for special maintenance - veterans homes shall be expended
in accordance with the requirements of section 402 of this part and shall be
expended according to the maintenance priorities of the department to repair
and modernize the state's veterans' homes, which may include projects such as
roof, HVAC, or boiler replacement, interior renovations, facility expansion,
improvements to parking facilities, and other projects designed to enhance the
quality of life and medical care of members.
(3)
The MVH shall provide a report biannually providing information on the status,
projected costs, and projected completion date of current and planned special
maintenance projects at the Grand Rapids, D.J. Jacobetti and Chesterfield
Township homes for veterans funded from capital outlay appropriations made in
part 1 and in prior appropriations years.
Sec.
14-504. (1) The appropriations in part 1 for armory maintenance shall be
carried forward at the end of the fiscal year consistent with section 248 of the
management and budget act, 1984 PA 431, MCL 18.1248.
(2)
The appropriations for armory maintenance shall be expended in accordance with
the requirements of sections 302 and 305 of this part and shall be expended
according to the maintenance priorities of the department to repair and
modernize military training sites and support facilities, including armories.
Article 15
DEPARTMENT OF NATURAL RESOURCES
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
15-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of natural resources are appropriated for the
fiscal year ending September 30, 2021, and are anticipated to be appropriated
for the fiscal year ending September 30, 2022, 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................ 2,346.1 2,346.1
GROSS APPROPRIATION...................................... $ 468,258,900 $ 459,858,900
Total interdepartmental grants and
interdepartmental
transfers.............................................. 203,100 203,100
ADJUSTED GROSS APPROPRIATION............................ $ 468,055,800 $ 459,655,800
Total federal revenues................................... 88,453,700 84,453,700
Total local revenues..................................... 0 0
Total private revenues................................... 7,439,200 7,039,200
Total other state restricted revenues................... 322,800,800 321,300,800
State general fund/general purpose...................... $ 49,362,100 $ 46,862,100
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 46,862,100 46,862,100
One-time state general fund/general purpose.......... 2,500,000 0
Sec. 15-102. 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................. $ 828,600 $ 828,600
Accounting service center................................ 1,562,200 1,562,200
Executive direction-11.6 FTE positions.................. 2,309,600 2,309,600
Finance and operations-105.5 FTE positions.............. 17,279,200 17,279,200
Gifts and pass-through transactions..................... 5,003,600 5,003,600
Legal services-4.0 FTE positions........................ 678,900 678,900
Natural resources commission............................ 77,100 77,100
Property management...................................... 4,107,300 4,107,300
GROSS APPROPRIATION...................................... $ 31,846,500 $ 31,846,500
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 203,100 203,100
Federal revenues:
Other federal revenues................................... 359,200 359,200
Special revenue funds:
Private revenues......................................... 5,003,600 5,003,600
Other state restricted revenues......................... 22,817,200 22,817,200
State general fund/general purpose...................... $ 3,463,400 $ 3,463,400
Sec. 15-103. DEPARTMENT INITIATIVES
Full-time equated classified positions................ 13.0 13.0
Great Lakes restoration initiative...................... $ 2,905,300 $ 2,905,300
Invasive species prevention and control-13.0
FTE
positions.............................................. 5,087,900 5,087,900
GROSS APPROPRIATION...................................... $ 7,993,200 $ 7,993,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,905,300 2,905,300
Special revenue funds:
State general fund/general purpose...................... $ 5,087,900 $ 5,087,900
Sec. 15-104. COMMUNICATION AND CUSTOMER SERVICES
Full-time equated classified positions................ 137.3 137.3
Marketing and outreach-80.8 FTE positions............... $ 14,622,900 $ 14,622,900
Michigan historical center-56.5 FTE positions........... 7,105,000 7,105,000
Michigan wildlife council................................ 1,600,000 1,600,000
GROSS APPROPRIATION...................................... $ 23,327,900 $ 23,327,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,743,000 2,743,000
Special revenue funds:
Other state restricted revenues......................... 15,426,300 15,426,300
State general fund/general purpose...................... $ 5,158,600 $ 5,158,600
Sec. 15-105. WILDLIFE MANAGEMENT
Full-time equated classified positions................ 230.5 230.5
Natural resources heritage-9.0 FTE positions............ $ 643,100 $ 643,100
Wildlife management-221.5 FTE positions................. 46,687,100 46,687,100
GROSS APPROPRIATION...................................... $ 47,330,200 $ 47,330,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 25,921,600 25,921,600
Special revenue funds:
Private revenues......................................... 315,700 315,700
Other state restricted revenues......................... 16,120,800 16,120,800
State general fund/general purpose...................... $ 4,972,100 $ 4,972,100
Sec. 15-106. FISHERIES MANAGEMENT
Full-time equated classified positions................ 223.5 223.5
Aquatic resource mitigation-2.0 FTE positions........... $ 634,100 $ 634,100
Fish production-63.0 FTE positions...................... 10,582,900 10,582,900
Fisheries resource management-158.5 FTE
positions....... 21,829,100 21,829,100
GROSS APPROPRIATION...................................... $ 33,046,100 $ 33,046,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 11,711,100 11,711,100
Special revenue funds:
Private revenues......................................... 136,700 136,700
Other state restricted revenues......................... 20,654,300 20,654,300
State general fund/general purpose...................... $ 544,000 $ 544,000
Sec. 15-107. LAW ENFORCEMENT
Full-time equated classified positions................ 293.0 293.0
General law enforcement-293.0 FTE positions............. $ 45,732,800 $ 45,732,800
GROSS APPROPRIATION...................................... $ 45,732,800 $ 45,732,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,784,300 6,784,300
Special revenue funds:
Other state restricted revenues......................... 26,270,600 26,270,600
State general fund/general purpose...................... $ 12,677,900 $ 12,677,900
Sec. 15-108. PARKS AND RECREATION DIVISION
Full-time equated classified positions................ 971.2 971.2
Forest recreation and trails-62.7 FTE
positions......... $ 7,395,700 $ 7,395,700
MacMullan conference center-15.0 FTE positions.......... 1,210,000 1,210,000
Recreational boating-175.4 FTE positions................ 21,018,500 21,018,500
State parks-718.1 FTE positions......................... 79,285,000 79,285,000
State parks improvement revenue bonds - debt
service.... 1,201,300 1,201,300
GROSS APPROPRIATION...................................... $ 110,110,500 $ 110,110,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,825,100 1,825,100
Special revenue funds:
Private revenues......................................... 428,300 428,300
Other state restricted revenues......................... 103,511,200 103,511,200
State general fund/general purpose...................... $ 4,345,900 $ 4,345,900
Sec. 15-109. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions................ 17.0 17.0
Historical facilities system-13.0 FTE
positions......... $ 1,867,500 $ 1,867,500
Mackinac Island State Park operations-4.0 FTE
positions.............................................. 338,500 338,500
GROSS APPROPRIATION...................................... $ 2,206,000 $ 2,206,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 1,791,200 1,791,200
State general fund/general purpose...................... $ 414,800 $ 414,800
Sec. 15-110. FOREST RESOURCES DIVISION
Full-time equated classified positions................ 339.5 339.5
Adopt-a-forest program................................... $ 25,000 $ 25,000
Cooperative resource programs-11.0 FTE
positions........ 1,613,500 1,613,500
Forest fire equipment.................................... 931,500 931,500
Forest management and timber market
development-185.0
FTE positions.......................................... 43,838,400 43,838,400
Forest management initiatives-8.5 FTE
positions......... 911,500 911,500
Minerals management-20.0 FTE positions.................. 2,991,500 2,991,500
Wildfire protection-115.0 FTE positions................. 15,122,300 15,122,300
GROSS APPROPRIATION...................................... $ 65,433,700 $ 65,433,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,507,000 12,507,000
Special revenue funds:
Private revenues......................................... 1,054,900 1,054,900
Other state restricted revenues......................... 45,052,400 45,052,400
State general fund/general purpose...................... $ 6,819,400 $ 6,819,400
Sec. 15-111. GRANTS
Dam management grant program............................ $ 350,000 $ 350,000
Deer habitat improvement partnership
initiative......... 300,000 300,000
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..... 6,000,000 6,000,000
Federal - rural community fire protection............... 400,000 400,000
Federal - urban forestry grants......................... 900,000 900,000
Fisheries habitat improvement grants.................... 1,250,000 1,250,000
Grants to communities - federal oil, gas, and
timber
payments............................................... 3,450,000 3,450,000
Grants to counties - marine safety...................... 3,074,700 3,074,700
National recreational trails............................ 3,904,700 3,904,700
Nonmotorized trail development and maintenance
grants... 200,000 200,000
Off-road vehicle safety training grants................. 60,000 60,000
Off-road vehicle trail improvement grants............... 4,657,700 4,657,700
Recreation improvement fund grants...................... 917,000 917,000
Recreation passport local grants........................ 2,000,000 2,000,000
Snowmobile law enforcement grants....................... 380,100 380,100
Snowmobile trail improvement grants..................... 8,090,400 8,090,400
Trail easements.......................................... 700,000 700,000
Wildlife habitat improvement grants..................... 1,503,000 1,503,000
GROSS APPROPRIATION...................................... $ 40,537,600 $ 40,537,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 18,622,100 18,622,100
Special revenue funds:
Private revenues......................................... 100,000 100,000
Other state restricted revenues......................... 21,165,500 21,165,500
State general fund/general purpose...................... $ 650,000 $ 650,000
Sec. 15-112. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 10,694,400 $ 10,694,400
GROSS APPROPRIATION...................................... $ 10,694,400 $ 10,694,400
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 9,466,300 9,466,300
State general fund/general purpose...................... $ 1,228,100 $ 1,228,100
Sec. 15-113. CAPITAL OUTLAY
(1) RECREATIONAL LANDS AND INFRASTRUCTURE
Fish hatchery infrastructure investment................. $ 2,500,000 $ 2,500,000
Forest development infrastructure....................... 2,500,000 2,500,000
Mass timber facility Newberry customer service
center... 5,000,000 5,000,000
State parks repair and maintenance...................... 19,025,000 19,025,000
Wetlands restoration, enhancement and
acquisition....... 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 30,025,000 $ 30,025,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 28,525,000 28,525,000
State general fund/general purpose...................... $ 1,500,000 $ 1,500,000
(2)
WATERWAYS BOATING PROGRAM
Local boating infrastructure maintenance and
improvements........................................... $ 3,472,500 $ 3,472,500
State boating infrastructure maintenance................ 8,102,500 8,102,500
GROSS APPROPRIATION...................................... $ 11,575,000 $ 11,575,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,075,000 1,075,000
Special revenue funds:
Other state restricted revenues......................... 10,500,000 10,500,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 15-114. ONE-TIME APPROPRIATIONS
Forest fire equipment.................................... $ 1,000,000 $ 0
Forestry investment...................................... 500,000 0
Milliken Visitors Center................................. 2,500,000 0
Shooting range development, enhancement, and
restoration............................................ 4,400,000 0
GROSS APPROPRIATION...................................... $ 8,400,000 $ 0
Appropriated from:
Federal revenues:
Other federal revenues................................... 4,000,000 0
Special revenue funds:
Private revenues......................................... 400,000 0
Other state restricted revenues......................... 1,500,000 0
State general fund/general purpose...................... $ 2,500,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$372,162,900.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $8,659,300.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF NATURAL RESOURCES
Dam management grant program........................................... $ 175,000
Fisheries habitat improvement grants................................... 125,000 Grants to counties - marine
safety....................................... 1,407,300
Nonmotorized trail development and
maintenance grants................. 100,000
Off-road vehicle safety training grants................................ 60,000
Off-road vehicle trail improvement grants.............................. 697,400
Recreation improvement fund grants..................................... 91,700
Recreation passport local grants....................................... 2,000,000
Snowmobile law enforcement grants...................................... 380,100
Wildlife habitat improvement grants.................................... 150,300
Local boating infrastructure maintenance and
improvements............. 3,472,500
TOTAL.................................................................... $ 8,659,300
Sec.
15-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
15-203. As used in this article:
(a)
"Department" means the department of natural resources.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
Sec.
15-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
15-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
15-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
15-209. Not later than 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 $3,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(2)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $10,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for private contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
Sec.
15-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
15-212. Within 14 days after the release of the executive budget recommendation,
the department shall provide to the state budget office information sufficient
to provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
15-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
15-214. Total authorized appropriations from all sources under part 1 for legacy
costs for the fiscal year ending September 30, 2021 are estimated at
$50,470,100.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $24,216,200.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$26,253,900.00.
Sec.
15-215. 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.............................
$34,300.00
Attorney
general.......................................
$659,300.00
Department
of technology, management and budget........ $586,600.00
Department
of treasury................................ $3,009,900.00
Sec.
15-216. 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, 2021.
Sec.
15-221. The department may contract with or provide grants to local units of
government, institutions of higher education, or nonprofit organizations to
support activities authorized by appropriations in part 1. As used in this
section, contracts and grants include, but are not limited to, contracts and
grants for research, wildlife and fisheries management, forest management,
invasive species monitoring and control, and natural resource-related programs.
DEPARTMENT INITIATIVES
Sec.
15-251. From the amounts appropriated in part 1 for invasive species prevention
and control, the department shall allocate not less than $3,600,000.00 for
grants for the prevention, detection, eradication, and control of invasive
species.
DEPARTMENTAL ADMINISTRATION AND
SUPPORT
Sec.
15-302. The department may charge land acquisition projects appropriated for
the fiscal year ending September 30, 2021, and for prior fiscal years, a
standard percentage fee to recover actual costs, and may use the revenue
derived to support the land acquisition service charges provided for in part 1.
Sec.
15-303. As appropriated in part 1, the department may charge both application
fees and transaction fees related to the exchange or sale of state-owned land
or rights in land authorized by part 21 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.2101 to 324.2165. The fees
shall be set by the director at a rate that allows the department to recover
its costs for providing these services.
FOREST RESOURCES DIVISION
Sec.
15-802. From the funds appropriated in part 1, the department shall provide
quarterly reports on the number of acres of state forestland prepared for
timber harvest to the senate and house appropriations subcommittees on natural
resources and the standing committees of the senate and house of
representatives with primary responsibility for natural resources issues. The
department shall complete and deliver these reports by 45 days after the end of
the fiscal quarter.
Sec.
15-803. In addition to the money appropriated in part 1, the department may
receive and expend money from federal sources to provide response to wildfires
as required by a compact with the federal government. If additional expenditure
authorization is required, the department shall notify the state budget office
that expenditure under this section is required. The department shall notify
the house and senate appropriations subcommittees on natural resources and the
house and senate fiscal agencies by November 1 of the expenditures under this
section during the fiscal year ending September 30, 2020.
Sec.
15-807. (1) In addition to the funds appropriated in part 1, there is
appropriated from the disaster and emergency contingency fund up to $800,000.00
to cover department costs related to any disaster as defined in section 2 of
the emergency management act, 1976 PA 390, MCL 30.402.
(2)
Funds appropriated under subsection (1) shall not be expended unless the state
budget director recommends the expenditure and the department notifies the
house and senate committees on appropriations. By December 1 each year, the
department shall provide a report to the senate and house fiscal agencies and
the state budget office on the use of the disaster and emergency contingency fund
during the prior fiscal year.
(3)
If Federal Emergency Management Agency reimbursement is approved for costs paid
from the disaster and emergency contingency fund, the federal revenue shall be
deposited into the disaster and emergency contingency fund.
(4)
Unexpended and unencumbered funds remaining in the disaster and emergency
contingency fund at the close of the fiscal year shall not lapse to the general
fund and shall be carried forward and be available for expenditures in
subsequent fiscal years.
GRANTS
Sec.
15-1001. Federal pass-through funds to local institutions and governments that
are received in amounts in addition to those included in part 1 for grants to
communities - federal oil, gas, and timber payments and that do not require
additional state matching funds are appropriated for the purposes intended. By
November 30, the department shall report to the senate and house appropriations
subcommittees on natural resources, the senate and house fiscal agencies, and
the state budget director on all amounts appropriated under this section during
the fiscal year ending September 30, 2020.
CAPITAL OUTLAY
Sec.
15-1103. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with section 248 of the
management and budget act, 1984 PA 431, MCL 18.1248.
Article 16
DEPARTMENT OF STATE
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
16-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of state are appropriated for the fiscal year
ending September 30, 2021, and are anticipated to be appropriated for the
fiscal year ending September 30, 2022, 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................ 1,596.0 1,596.0
GROSS APPROPRIATION...................................... $ 256,087,500 $ 256,087,500
Total interdepartmental grants and
interdepartmental
transfers.............................................. 20,000,000 20,000,000
ADJUSTED GROSS APPROPRIATION............................ $ 236,087,500 $ 236,087,500
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................... 215,490,200 215,490,200
State general fund/general purpose...................... $ 19,087,200 $ 19,087,200
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 19,087,200 19,087,200
One-time state general fund/general purpose.......... 0 0
Sec. 16-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 140.0 140.0
Secretary of state-1.0 FTE position..................... $ 112,500 $ 112,500
Unclassified salaries-5.0 FTE positions................. 691,100 691,100
Executive direction-30.0 FTE positions.................. 4,836,500 4,836,500
Operations-110.0 FTE positions.......................... 26,233,200 26,233,200
Property management...................................... 10,029,300 10,029,300
Worker's compensation.................................... 209,200 209,200
GROSS APPROPRIATION...................................... $ 42,111,800 $ 42,111,800
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 37,405,000 37,405,000
State general fund/general purpose...................... $ 4,706,800 $ 4,706,800
Sec. 16-103. LEGAL SERVICES
Full-time equated classified positions................ 159.0 159.0
Operations-159.0 FTE positions.......................... $ 22,013,000 $ 22,013,000
GROSS APPROPRIATION...................................... $ 22,013,000 $ 22,013,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 19,734,800 19,734,800
State general fund/general purpose...................... $ 2,278,200 $ 2,278,200
Sec. 16-104. CUSTOMER DELIVERY SERVICES
Full-time equated classified positions................ 1,252.0 1,252.0
Branch operations-925.0 FTE positions................... $ 93,762,500 $ 93,762,500
Central operations-325.0 FTE positions.................. 48,876,800 48,876,800
Motorcycle safety education administration-2.0
FTE
positions.............................................. 648,800 648,800
Motorcycle safety education grants...................... 1,800,000 1,800,000
Organ donor program...................................... 129,100 129,100
GROSS APPROPRIATION...................................... $ 145,217,200 $ 145,217,200
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......................... 120,476,100 120,476,100
State general fund/general purpose...................... $ 3,231,000 $ 3,231,000
Sec. 16-105. ELECTION REGULATION
Full-time equated classified positions................ 45.0 45.0
County clerk education and training fund................ $ 100,000 $ 100,000
Election administration and services-45.0 FTE
positions.............................................. 7,487,700 7,487,700
Fees to local units...................................... 109,800 109,800
GROSS APPROPRIATION...................................... $ 7,697,500 $ 7,697,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 443,500 443,500
State general fund/general purpose...................... $ 7,254,000 $ 7,254,000
Sec. 16-106. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 39,048,000 $ 39,048,000
GROSS APPROPRIATION...................................... $ 39,048,000 $ 39,048,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 37,430,800 37,430,800
State general fund/general purpose...................... $ 1,617,200 $ 1,617,200
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$234,577,400.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $1,041,800.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF STATE
Motorcycle safety education grants..................................... $ 1,007,300
Fees to local units.................................................... 34,500
TOTAL.................................................................... $ 1,041,800
Sec.
16-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
16-203. As used in this article:
(a)
"Department" means the department of State.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
Sec.
16-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or provided
by Michigan businesses, if they are competitively priced and of comparable
quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
16-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
16-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
16-209. Not later than 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 $2,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(2)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $7,500,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $50,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec.
16-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
16-212. Within 14 days after the release of the executive budget
recommendation, the department shall provide to the state budget office information
sufficient to provide the senate and house appropriations chairs, the senate
and house appropriations subcommittees chairs, and the senate and house fiscal
agencies with an annual report on estimated state restricted fund balances,
state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2020 and September 30,
2021.
Sec.
16-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
16-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2021 are estimated at
$33,185,900.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $15,923,000.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$17,262,900.00.
DEPARTMENT OF STATE
Sec.
16-703. From the funds appropriated in part 1, the department of state shall
sell copies of records including, but not limited to, records of motor
vehicles, off-road vehicles, snowmobiles, watercraft, mobile homes, personal
identification cardholders, drivers, and boat operators and shall charge $13.00
per record sold only as authorized in section 208b of the Michigan vehicle
code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222, MCL 28.297, and
sections 80130, 80315, 81114, and 82156 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.80130, 324.80315, 324.81114,
and 324.82156. The revenue received from the sale of records shall be credited
to the transportation administration collection fund created under section 810b
of the Michigan vehicle code, 1949 PA 300, MCL 257.810b. The department of
state shall provide quarterly reports to the legislature, the chairpersons of
the relevant appropriations subcommittees, and the senate and house fiscal
agencies. The report shall be provided within 15 days of the close of the
quarter and shall include the number of records sold and the revenues
collected.
Sec.
16-704. From the funds appropriated in part 1, the secretary of state may enter
into agreements with the department of corrections for the manufacture of
vehicle registration plates 15 months before the registration year in which the
registration plates will be used.
Sec.
16-705. (1) The department of state may accept gifts, donations, contributions,
and grants of money and other property from any private or public source to
underwrite, in whole or in part, the cost of a departmental publication that is
prepared and disseminated under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923. A private or public funding source may receive written
recognition in the publication and may furnish a traffic safety message,
subject to departmental approval, for inclusion in the publication. The
department may reject a gift, donation, contribution, or grant. The department
may furnish copies of a publication underwritten, in whole or in part, by a
private source to the underwriter at no charge.
(2)
The department of state may sell and accept paid advertising for placement in a
departmental publication that is prepared and disseminated under the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923. The department may charge and
receive a fee for any advertisement appearing in a departmental publication and
shall review and approve the content of each advertisement. The department may
refuse to accept advertising from any person or organization. The department
may furnish a reasonable number of copies of a publication to an advertiser at
no charge.
(3)
Pending expenditure, the funds received under this section shall be deposited
in the Michigan department of state publications fund created by section 211 of
the Michigan vehicle code, 1949 PA 300, MCL 257.211. Funds given, donated, or
contributed to the department from a private source are appropriated and
allocated for the purpose for which the revenue is furnished. Funds granted to
the department from a public source are allocated and may be expended upon
receipt. The department shall not accept a gift, donation, contribution, or
grant if receipt is conditioned upon a commitment of state funding at a future
date. Revenue received from the sale of advertising is appropriated and may be
expended upon receipt.
(4)
Any unexpended revenues received under this section shall be carried over into
subsequent fiscal years and shall be available for appropriation for the
purposes described in this section.
(5)
On March 1 of each year, the department of state shall file a report with the
senate and house of representatives standing committees on appropriations, the
chairpersons of the relevant appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director. The report shall include all of
the following information:
(a)
The amount of gifts, contributions, donations, and grants of money received by
the department under this section for the prior fiscal year.
(b)
A listing of the expenditures made from the amounts received by the department
as reported in subdivision (a).
(c)
A listing of any gift, donation, contribution, or grant of property other than
funding received by the department under this section for the prior year.
(d)
The total revenue received from the sale of paid advertising accepted under
this section and a statement of the total number of advertising transactions.
(6)
In addition to copies delivered without charge as the secretary of state
considers necessary, the department of state may sell copies of manuals and
other publications regarding the sale, ownership, or operation or regulation of
motor vehicles, with amendments, at prices to be established by the secretary
of state. As used in this subsection, the term "manuals and other
publications" includes videos and proprietary electronic publications. All
funds received from sales of these manuals and other publications shall be
credited to the Michigan department of state publications fund.
Sec.
16-707. Funds collected by the department of state under section 211 of the
Michigan vehicle code, 1949 PA 300, MCL 257.211, are appropriated for all
expenses necessary to provide for the costs of the publication. Funds are
allotted for expenditure when they are received by the department of treasury
and shall not lapse to the general fund at the end of the fiscal year.
Sec.
16-708. From the funds appropriated in part 1, the department of state shall
use available balances at the end of the state fiscal year to provide payment
to the department of state police in the amount of $332,000.00 for the services
provided by the traffic accident records program as first appropriated in 1990
PA 196 and 1990 PA 208.
Sec.
16-709. From the funds appropriated in part 1, the department of state may
restrict funds from miscellaneous revenue to cover cash shortages created from
normal branch office operations. This amount shall not exceed $50,000.00 of the
total funds available in miscellaneous revenue.
Sec.
16-711. Collector plate and fund-raising registration plate revenues collected
by the department of state are appropriated and allotted for distribution to
the recipient university or public or private agency overseeing a
state-sponsored goal when received. Distributions shall occur on a quarterly
basis or as otherwise authorized by law. Any revenues remaining at the end of
the fiscal year shall not lapse to the general fund but shall remain available
for distribution to the university or agency in the next fiscal year.
Sec.
16-712. The department of state may produce and sell copies of a training video
designed to inform registered automotive repair facilities of their obligations
under Michigan law. The price shall not exceed the cost of production and
distribution. The money received from the sale of training videos shall revert
to the department of state and be placed in the auto repair facility account.
Sec.
16-713. (1) The department of state, in collaboration with the gift of life
transplantation society or its successor federally designated organ procurement
organization, may develop and administer a public information campaign
concerning the Michigan organ donor program.
(2)
The department of state may solicit funds from any private or public source to
underwrite, in whole or in part, the public information campaign authorized by
this section. The department may accept gifts, donations, contributions, and
grants of money and other property from private and public sources for this
purpose. A private or public funding source underwriting the public information
campaign, in whole or in substantial part, shall receive sponsorship credit for
its financial backing.
(3)
Funds received under this section, including grants from state and federal
agencies, shall not lapse to the general fund at the end of the fiscal year but
shall remain available for expenditure for the purposes described in this
section.
(4)
Funding appropriated in part 1 for the organ donor program shall be used for
producing a pamphlet to be distributed with driver licenses and personal
identification cards regarding organ donations. The funds shall be used to
update and print a pamphlet that will explain the organ donor program and encourage
people to become donors by marking a checkoff on driver license and personal
identification card applications.
(5)
The pamphlet shall include a return reply form addressed to the gift of life
organization. Funding appropriated in part 1 for the organ donor program shall
be used to pay for return postage costs.
(6)
In addition to the appropriations in part 1, the department of state may
receive and expend funds from the organ and tissue donation education fund for
administrative expenses.
(7)
The department must submit a report to the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director by March 1 that provides the amount of revenue
collected by the department of state authorized under this section, the purpose
of each expenditure, and the amount of revenue carried forward.
Sec.
16-715. (1) Any service assessment collected by the department of state from
the user of a credit or debit card under section 3 of 1995 PA 144, MCL 11.23,
may be used by the department for necessary expenses related to that service
and may be remitted to a credit or debit card company, bank, or other financial
institution.
(2)
The service assessment imposed by the department of state for credit and debit
card services may be based either on a percentage of each individual credit or
debit card transaction, or on a flat rate per transaction, or both, scaled to
the amount of the transaction. However, the department shall not charge any
amount for a service assessment which exceeds the costs billable to the
department for service assessments.
(3)
If there is a balance of service assessments received from credit and debit
card services remaining on September 30, the balance may be carried forward to
the following fiscal year and appropriated for the same purpose.
(4)
As used in this section, "service assessment" means and includes
costs associated with service fees imposed by credit and debit card companies
and processing fees imposed by banks and other financial institutions.
Sec.
16-717. (1) The department of state may solicit funds from any private or
public source to support, in whole or in part, the general operation of the
department. The department may accept gifts, donations, contributions, payments,
and grants of money and other property from any private or public source to
support, in whole or in part, the general operation of the department. The
department may recognize a private or public contributor for making the
contribution. The department may reject a gift, donation or contribution. Any
revenue received is automatically appropriated and 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.
(2)
The department of state shall not accept a gift, donation, or contribution
under subsection (1) if receipt of the gift, donation, or contribution is
conditioned upon a commitment of future state funding.
(3)
On March 1 of each year, the department of state shall file a report with the
senate and house of representatives standing committees on appropriations, the
chairpersons of the relevant appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director. The report shall list any gift,
donation, or contribution received by the department under subsection (1) for
the prior calendar year.
Sec.
16-719. From the funds appropriated in part 1 for election administration and
services, the department of state shall make available at least 1 voting
machine to at least 1 high school per regional prosperity region for the
purpose of allowing pupils to familiarize themselves with the voting procedure
through a simulated election to be determined by the high schools receiving a
voting machine. The voting machines shall be made available to the selected
high schools at no cost to the high school or school district in which the high
school is located.
Sec.
16-722. (1) From the funds appropriated in part 1 for information technology
services and projects, the department of state shall continue implementation of
a legacy modernization project. The purpose of this project is modernization of
the entire system and removal of existing programs from the legacy mainframes.
(2)
The department of state shall provide a report on the status of the legacy
modernization project that includes, but is not limited to, itemization of all
expenditures made on behalf of the project, anticipated completion date of the
project, time frame of each phase of the project, the cost of the project, the
number of employees assigned to implement each phase of the project, the
contracts entered into for the project, anticipated overall cost of the
project, and any other information the department considers necessary. The plan
shall be distributed to the senate and house of representatives standing
committees on appropriations subcommittees on general government, as well as
the senate and house fiscal agencies, and the state budget director by January
1.
Sec.
16-723. The funds appropriated in part 1 for county clerk education and
training shall only be used for costs associated with the training of local
clerks in preparation for elections. The department of state shall not allocate
any funds appropriated for county clerk education and training for any other
purposes.
Article 17
DEPARTMENT OF STATE POLICE
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
17-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of state police are appropriated for the fiscal
year ending September 30, 2021, and are anticipated to be appropriated for the
fiscal year ending September 30, 2022, 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................ 3,546.0 3,546.0
GROSS APPROPRIATION...................................... $ 735,585,500 $ 725,876,400
Total interdepartmental grants and
interdepartmental
transfers.............................................. 24,649,000 24,649,000
ADJUSTED GROSS APPROPRIATION............................ $ 710,936,500 $ 701,227,400
Total federal revenues................................... 78,682,000 78,682,000
Total local revenues..................................... 4,841,200 4,841,200
Total private revenues................................... 35,000 35,000
Total other state restricted revenues................... 143,001,700 143,001,700
State general fund/general purpose...................... $ 484,376,600 $ 474,667,500
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 474,667,500 474,667,500
One-time state general fund/general purpose.......... 9,709,100 0
Sec. 17-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 3.0 3.0
Full-time equated classified positions................ 81.0 81.0
Unclassified salaries-3.0 FTE positions................. $ 623,900 $ 623,900
Accounting service center................................ 1,516,600 1,516,600
Department services-18.0 FTE positions.................. 4,667,200 4,667,200
Departmentwide........................................... 44,072,600 44,072,600
Executive direction-26.0 FTE positions.................. 4,424,800 4,424,800
Mobile office and system support-37.0 FTE
positions..... 4,980,700 4,980,700
GROSS APPROPRIATION...................................... $ 60,285,800 $ 60,285,800
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......................... 116,100 116,100
IDG from other restricted funding....................... 179,500 179,500
Interdepartmental transfers.............................. 37,700 37,700
Federal revenues:
Other federal revenues................................... 273,300 273,300
Special revenue funds:
Local revenues........................................... 1,200 1,200
Michigan merit award trust fund......................... 18,000 18,000
Other state restricted revenues......................... 4,737,800 4,737,800
State general fund/general purpose...................... $ 54,890,900 $ 54,890,900
Sec. 17-103. LAW ENFORCEMENT
Full-time equated classified positions................ 594.0 594.0
Biometrics and identification-61.0 FTE
positions........ $ 9,751,500 $ 9,751,500
Criminal justice information center-152.0 FTE
positions.............................................. 21,914,400 21,914,400
Forensic science-279.0 FTE positions.................... 47,922,100 47,922,100
Grants and community services-55.0 FTE
positions........ 21,105,500 21,105,500
Office of school safety-3.0 FTE positions............... 511,200 511,200
State 9-1-1 administration............................... 1,117,300 1,117,300
Training-44.0 FTE positions.............................. 8,851,900 8,851,900
GROSS APPROPRIATION...................................... $ 111,173,900 $ 111,173,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 318,900 318,900
IDG from department of state............................ 384,200 384,200
IDG from department of transportation................... 739,500 739,500
IDG from other restricted funding....................... 2,434,600 2,434,600
Interdepartmental transfers.............................. 750,000 750,000
Federal revenues:
Other federal revenues................................... 15,829,700 15,829,700
Special revenue funds:
Local revenues........................................... 919,200 919,200
Private revenues......................................... 20,000 20,000
Other state restricted revenues......................... 39,309,400 39,309,400
State general fund/general purpose...................... $ 50,468,400 $ 50,468,400
Sec. 17-104. MICHIGAN COMMISSION ON LAW ENFORCEMENT
STANDARDS
Full-time equated classified positions................ 18.0 18.0
Public safety officers benefit program-1.0 FTE
position............................................... $ 302,800 $ 302,800
Standards and training/justice training
grants-17.0
FTE positions.......................................... 8,536,900 8,536,900
Training only to local units............................ 654,500 654,500
GROSS APPROPRIATION...................................... $ 9,494,200 $ 9,494,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 250,000 250,000
Special revenue funds:
Other state restricted revenues......................... 7,624,900 7,624,900
State general fund/general purpose...................... $ 1,619,300 $ 1,619,300
Sec. 17-105. FIELD SERVICES
Full-time equated classified positions................ 2,243.0 2,243.0
Investigative services-148.5 FTE positions.............. $ 33,475,600 $ 33,475,600
Post operations-2,094.5 FTE positions................... 336,839,000 336,839,000
GROSS APPROPRIATION...................................... $ 370,314,600 $ 370,314,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of treasury......................... 5,197,000 5,197,000
Interdepartmental transfers.............................. 797,900 797,900
Federal revenues:
Other federal revenues................................... 6,842,500 6,842,500
Special revenue funds:
Local revenues........................................... 1,200,000 1,200,000
Michigan merit award trust fund......................... 830,200 830,200
Other state restricted revenues......................... 49,440,300 49,440,300
State general fund/general purpose...................... $ 306,006,700 $ 306,006,700
Sec. 17-106. SPECIALIZED SERVICES
Full-time equated classified positions................ 610.0 610.0
Commercial vehicle enforcement-211.0 FTE
positions...... $ 32,400,200 $ 32,400,200
Emergency management and homeland
security-64.0 FTE
positions.............................................. 16,126,500 16,126,500
Hazardous materials programs-25.0 FTE
positions......... 23,873,900 23,873,900
Highway safety planning-26.0 FTE positions.............. 18,193,800 18,193,800
Intelligence operations-209.0 FTE positions............. 28,759,500 28,759,500
Secondary road patrol program-1.0 FTE position.......... 11,074,300 11,074,300
Special operations-74.0 FTE positions................... 15,717,300 15,717,300
GROSS APPROPRIATION...................................... $ 146,145,500 $ 146,145,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management
and
budget................................................. 3,100 3,100
IDG from department of transportation................... 11,168,900 11,168,900
IDG from department of treasury......................... 100,000 100,000
Interdepartmental transfers.............................. 1,998,300 1,998,300
Federal revenues:
Other federal revenues................................... 54,526,100 54,526,100
Special revenue funds:
Local revenues........................................... 1,784,300 1,784,300
Private revenues......................................... 15,000 15,000
Other state restricted revenues......................... 28,875,100 28,875,100
State general fund/general purpose...................... $ 47,674,700 $ 47,674,700
Sec. 17-107. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 28,462,400 $ 28,462,400
GROSS APPROPRIATION...................................... $ 28,462,400 $ 28,462,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state............................ 3,800 3,800
IDG from department of transportation................... 258,400 258,400
IDG from department of treasury......................... 96,800 96,800
IDG from other restricted funding....................... 12,200 12,200
Interdepartmental transfers.............................. 20,800 20,800
Federal revenues:
Other federal revenues................................... 960,400 960,400
Special revenue funds:
Local revenues........................................... 936,500 936,500
Michigan merit award trust fund......................... 6,100 6,100
Other state restricted revenues......................... 12,159,900 12,159,900
State general fund/general purpose...................... $ 14,007,500 $ 14,007,500
Sec. 17-108. ONE-TIME APPROPRIATIONS
Michigan joint task force on jail and pretrial
incarceration.......................................... $ 7,200,000 $ 0
Trooper school........................................... 2,509,100 0
GROSS APPROPRIATION...................................... $ 9,709,100 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 9,709,100 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$627,378,300.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $13,899,900.00. 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......................... $ 2,281,800
Training only to local units........................................... 654,500
Secondary road patrol program.......................................... 10,963,600
TOTAL.................................................................... $ 13,899,900
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)
"CJIS" means Criminal Justice Information Systems.
(b)
"Department" means the department of state police.
(c)
"Director" means the director of the department.
(d)
"DNA" means deoxyribonucleic acid.
(e)
"DTMB" means the department of technology, management, and budget.
(f)
"FTE" means full-time equated.
(g)
"IDG" means interdepartmental grant.
(h)
"MCOLES" means the Michigan commission on law enforcement standards.
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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
17-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
17-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
17-209. Not later than 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 $8,500,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this article under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(2)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $5,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in this article under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(4)
In addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $200,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
Sec.
17-211. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
17-212. Within 14 days after the release of the executive budget
recommendation, the department shall provide to the state budget office
information sufficient to provide the senate and house appropriations chairs,
the senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2020 and September 30,
2021.
Sec.
17-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
17-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2021 are estimated at
$134,845,000.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $72,052,800.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$62,792,200.00.
Sec.
17-215. 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.
17-221. (1) When the department provides contractual services to a local unit
of government, the department shall be reimbursed for all costs incurred in
providing the services, including, but not limited to, retirement and overtime
costs.
(2)
The department shall define service cost models for those services requiring
reimbursement.
(3)
Contractual services provided to an entity other than a local unit of government
may be provided by department personnel, but only on an overtime basis outside
the normal work schedule of the personnel.
(4)
This section does not apply to services provided to state agencies.
(5)
Revenues received for contractual or reimbursed services in excess of the
appropriation in part 1 are appropriated and may be received and expended by
the department for the purposes for which funds are received.
(6)
If additional authorization is approved in the statewide integrated
governmental management application (SIGMA) by the state budget office under
this section, the department shall notify the subcommittees and the senate and
house fiscal agencies within 10 days after the approval. The notification shall
include the amount and funding source of the additional authorization, the date
of its approval, and the projected use of funds to be expended.
Sec.
17-222. The department shall serve as an active liaison between the DTMB and
state, local, regional, and federal public safety agencies on matters pertaining
to the Michigan public safety communications system and shall report user
issues to the DTMB.
Sec.
17-223. The department may establish and collect fees for publications, videos,
conferences, workshops, and related materials. Collected fees shall be used to
offset expenditures for costs of the publications, videos, workshops,
conferences, and related materials. The department shall not collect fees under
this section that exceed the cost of the expenditures.
Sec.
17-224. Money privately donated to the department is appropriated under part 1
to be used for the purposes designated by the donor of the money, if specified.
Sec.
17-225. (1) Federal revenues authorized by and available from the federal
government in excess of the appropriation in part 1 are appropriated and may be
received and expended by the department for purposes authorized under state law
and subject to federal requirements.
(2)
The department shall notify the subcommittees and the senate and house fiscal
agencies before expending federal revenues received and appropriated under
subsection (1).
(3)
If additional authorization is approved in the statewide integrated
governmental management application (SIGMA) by the state budget office under
this section, the department shall notify the subcommittees and the senate and
house fiscal agencies within 10 days after the approval. The notification shall
include the amount and funding source of the additional authorization, the date
of its approval, and the projected use of funds to be expended.
LAW ENFORCEMENT
Sec.
17-402. (1) In accordance with applicable state and federal laws and
regulations, the department shall maintain and ensure compliance with CJIS
databases and applications in the support of public safety and law enforcement communities.
(2)
The department shall provide for the compilation of crime statistics consistent
with the uniform crime reporting (UCR) program and the national incident-based
report system (NIBRS).
(3)
The department shall provide for the compilation and evaluation of traffic
crash reports and the maintenance of the state accident data collection system.
(4)
The department shall make individual traffic crash reports available for a fee
of $15.00 per incident. The department may also sell an extract of electronic
traffic crash data for a fee of $0.25 per incident, provided that the name,
address, and any other personal identifying information have been excluded.
(5)
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.
(6)
In accordance with applicable state and federal laws, the department shall
provide for the maintenance of records, including criminal history records
regarding firearms licensure as provided in PA 372 of 1927.
(7)
The following unexpended and unencumbered revenues deposited into the criminal
justice information center service fees shall not lapse to the general fund,
but shall be carried forward into the subsequent fiscal year:
(a)
Fees for fingerprinting and criminal record checks and name-based criminal
record checks under 1935 PA 120, MCL 28.271 to 28.274.
(b)
Fees for application and licensing for initial and renewal concealed pistol licenses
under 1927 PA 372, MCL 28.421 to 28.435.
(c)
Fees for searching, copying, and providing public records under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(d)
Revenue from other sources, including, but not limited to, investment and
interest earnings.
(8)
Unexpended and unencumbered revenue generated by state records management
system fees shall not lapse to the general fund, but shall be carried forward
into the subsequent fiscal year.
Sec.
17-403. (1) The department shall provide forensic testing and
analysis/profiling of DNA evidence to aid in investigations by law enforcement
in the state.
(2)
The department shall ensure its ability to maintain accreditation by a
federally designated accrediting agency, as provided under 34 USC 12592.
(3)
The department shall maintain a goal of a 30-day average turnaround time across
all forensic science disciplines.
Sec.
17-404. If changes are made to the department's protocol for retaining and
purging DNA analysis samples and records, the department shall post a copy of
the protocol changes on the department's website.
Sec.
17-405. Not later than December 1, the department shall submit a report to the
subcommittees and senate and house fiscal agencies that includes, but is not
limited to, all of the following information:
(a)
Sexual assault kit analysis backlog at the beginning of the prior fiscal year.
(b)
The number of sexual assault kits collected or submitted for analysis during
the prior fiscal year.
(c)
The number of sexual assault kits analyzed and the number of associated DNA
profiles created and uploaded during the prior fiscal year.
(d)
Sexual assault kit analysis backlog at the ending of the prior fiscal year.
(e)
The average turnaround time to analyze sexual assault kits and to create and
upload associated DNA profiles for the prior fiscal year.
Sec.
17-406. The department shall provide administrative support for the following
grant and community service programs:
(a)
The operations of the automobile theft prevention authority.
(b)
Administration of the Edward Byrne memorial justice assistance program and
other grant programs as well as the department's community policing efforts.
(c)
Administration of school safety grants.
Sec.
17-407. Not later than March 30, the department shall report annually to the
legislature and the house and senate fiscal agencies a school safety report, to
include the following:
(a)
Reports of incidences of school violence or threats reported to the state
police by local law enforcement or local school districts, or received through
the Michigan incident crime report (MICR).
(b)
Reports of OK2SAY-based incidences and activities.
(c)
Based upon an evaluation of incidents of school safety and analysis of school
safety grants, provide recommendations on best practices and other safety
measures to ensure school safety in this state.
COMMISSION ON LAW ENFORCEMENT
STANDARDS
Sec.
17-501. MCOLES shall establish standards for the selection, employment,
training, education, licensing, and revocation of all law enforcement officers
and provide the basic law enforcement training curriculum for law enforcement
training academy programs statewide.
FIELD SERVICES
Sec.
17-601. (1) Department enlisted personnel who are employed to enforce traffic
laws as provided in section 629e of the Michigan vehicle code, 1949 PA 300, MCL
257.629e, are not prohibited from responding to crimes in progress or other
emergency situations and are responsible for making every effort to protect all
residents of this state.
(2)
The department shall submit a report on or before April 15 to the subcommittees
and senate and house fiscal agencies regarding the secure cities partnership
during the prior calendar year.
Sec.
17-603. (1) The department shall provide protection to this state, its economy,
welfare, and vital state-sponsored programs through the prevention and
suppression of organized smuggling of untaxed tobacco products in the state,
through enforcement of the tobacco products tax act, 1993 PA 327, MCL 205.421
to 205.436, and other laws pertaining to combating criminal activity in this
state, by maintaining a tobacco tax enforcement unit.
(2)
The department shall submit an annual report on December 1 to the
subcommittees, the senate and house appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state budget office
that details expenditures and activities related to tobacco tax enforcement for
the prior fiscal year.
Sec.
17-604. The department shall provide fire investigation training and
investigative assistance to public safety agencies in this state.
SPECIALIZED SERVICES
Sec.
17-701. (1) The department shall operate the Michigan intelligence operation
center for homeland security as 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.
Sec.
17-702. (1) The department shall provide specialized services in support of,
and to enhance, local, state, and federal law enforcement operations within
this state in accordance with all applicable state and federal laws and
regulations.
(2)
The department shall provide security services at the State Capitol Complex
facilities, the State Secondary Complex, and other state owned or leased
property as provided under section 6c of 1935 PA 59, MCL 28.6c. The department
shall also maintain the staff and resources necessary to respond to emergencies
at the State Capitol Complex, State Secondary Complex, House Office Building,
Binsfeld Office Building, Capitol parking lot, Townsend Parking Ramp, Roosevelt
Parking Ramp, and other areas as directed.
Sec.
17-703. (1) The department shall maintain commercial vehicle regulation, school
bus inspections, and enforcement activities, including enforcement of
requirements concerning size, weight, and load restrictions; operating
authority; registration; fuel taxes; transportation of hazardous materials;
operations of new entrants; and commercial driver's licenses, and inspections
pursuant to the federal motor carrier assistance program.
(2)
Revenue collected under the motor carrier act, 1933 PA 254, MCL 475.1 to
479.42, shall be expended in accordance with that act. Unexpended and
unencumbered revenues shall not lapse to the general fund but shall be carried
forward into the subsequent fiscal year.
Sec.
17-704. (1) The department shall coordinate the mitigation, preparation,
response, and recovery activities of municipal, county, state, and federal
governments, and other governmental entities, for all hazards, disasters, and
emergencies.
(2)
The state director of emergency management may expend money appropriated under
part 1 to call upon any agency or department of the state or any resource of
the state to protect life or property or to provide for the health or safety of
the population in any area of this state in which the governor proclaims a
state of emergency or state of disaster under 1945 PA 302, MCL 10.31 to 10.33,
or under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. The
state director of emergency management may expend the amounts the director considers
necessary to accomplish these purposes. The director shall submit to the state
budget director, as soon as possible, a complete report of all actions taken
under the authority of this section. The report shall contain, as a separate
item, a statement of all money expended that is not reimbursable from federal
funding. The state budget director shall review the expenditures and submit
recommendations to the legislature in regard to any possible need for a
supplemental appropriation.
(3)
In addition to the funds appropriated in part 1, the department may receive and
expend money from local, private, federal, or state sources for the purpose of
providing emergency management training to local or private interests and for
the purpose of supporting emergency preparedness, response, recovery, and
mitigation activity. If additional expenditure authorization in the statewide
integrated governmental management application (SIGMA) is approved by the state
budget office under this section, the department and the state budget office
shall notify the subcommittees and the senate and house fiscal agencies within
10 days after the approval. The notification shall include the amount and
source of the additional authorization, the date of its approval, and the projected
use of funds to be expended under the authorization.
(4)
The department shall foster, promote, and maintain partnerships to protect this
state and homeland from all hazards.
(5)
From the funds appropriated in part 1, the department shall:
(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.
(d)
Perform hazardous materials response training.
(6)
The department shall conduct a minimum of 3 training sessions to enhance safe
response in the event of natural or manmade incidents, emergencies, or
disasters.
(7)
In addition to the funds appropriated in part 1, there is appropriated from the
disaster and emergency contingency fund an amount necessary to cover costs
related to any disaster or emergency as defined in the emergency management
act, 1976 PA 390, MCL 30.401 to 30.421. Funds shall be expended as provided
under sections 18 and 19 of the emergency management act, 1976 PA 390, MCL
30.418 and 30.419, and R 30.51 to R 30.61 of the Michigan Administrative Code.
Sec.
17-705. The department shall provide for the planning, administration, and
implementation of highway traffic safety programs to save lives and reduce
injuries on roads in this state in partnership with other public and private
organizations.
Sec.
17-706. (1) Funds appropriated in part 1 for the secondary road patrol program
shall be used to provide grants to sheriffs under the secondary road patrol
program described under section 76 of 1846 RS 14, MCL 51.76.
(2)
Not later than January 31, 2021, the office of highway safety planning, working
with the state court administrative office as necessary, shall issue a report
to the department and the subcommittees on the following data from the previous
calendar year:
(a)
The total number of traffic civil infractions written under both state and
local ordinances for which the $40.00 justice system assessment is to be
assessed.
(b)
Of the total number reported under subdivision (a), the number of traffic civil
infractions written under both state and local ordinances that the court
assessed and ordered payment of the justice system assessment.
(c)
Of the number reported under subdivision (b), the number of traffic civil
infractions for which the justice system assessment was collected and
distributed to the justice system fund created in section 181 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.181.
(d)
The number of citations, misdemeanors, and felonies written under both state
and local ordinances corresponding to a law of this state for a violation of
each of the following:
(i)
Section 617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a.
(ii)
Section 618 of the Michigan vehicle code, 1949 PA 300, MCL 257.618.
(iii)
Section 625(1) of the Michigan vehicle code, 1949 PA 300, MCL 257.625.
(iv)
Section 625(8) of the Michigan vehicle code, 1949 PA 300, MCL 257.625.
(v)
Section 626 of the Michigan vehicle code, 1949 PA 300, MCL 257.626.
(vi)
Section 676b of the Michigan vehicle code, 1949 PA 300, MCL 257.676b.
(vii)
Section 904 of the Michigan vehicle code, 1949 PA 300, MCL 257.904.
(3)
The sheriffs' duties under the secondary road patrol program, as outlined in
section 76(2) of 1846 RS 14, MCL 51.76, are to patrol and monitor traffic
violations; to enforce the criminal laws of this state, violations of which are
observed by or brought to the attention of the sheriff's department while
patrolling and monitoring secondary roads; to investigate accidents involving
motor vehicles; and to provide emergency assistance to persons on or near a
highway or road the sheriff is patrolling and monitoring.
ONE-TIME APPROPRIATIONS
Sec.
17-800. (1) Funds appropriated in part 1 for the Michigan Joint Task Force on
Jail and Pretrial Incarceration shall be used to support the development and
delivery of training for law enforcement, dispatch, and jail officers in the
areas of behavioral health and victim services in accordance with task force
recommendations.
(2)
The unexpended funds appropriated in part 1 for the Michigan Joint Task Force
on Jail and Pretrial Incarceration are designated as work project
appropriations, and any unencumbered or unallotted funds shall not lapse at the
end of the fiscal year and shall be available for expenditures for projects
under this section until the projects have been completed. The following is in
compliance with section 451a(1) of the management and budget act, 1984 PA 431,
MCL 18.1451a:
(a)
The purpose of the project is to support the development and delivery of
training for law enforcement, dispatch, and jail officers in accordance with
task force recommendations.
(b)
The project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c)
The total estimated cost of the project is $7,200,000.00.
(d)
The estimated completion date is September 30, 2025.
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, 2021, and are anticipated
to be appropriated for the fiscal year ending September 30, 2022, from the
funds indicated in this part. The following is a summary of the appropriations
and anticipated appropriations in this part:
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time
equated classified positions................ 3,133.0 3,133.0
GROSS APPROPRIATION...................................... $ 1,743,750,000 $ 1,693,103,800
Total interdepartmental grants and
interdepartmental
transfers.............................................. 1,019,720,900 1,019,720,900
ADJUSTED GROSS APPROPRIATION............................ $ 724,029,100 $ 673,382,900
Total federal revenues................................... 5,139,300 5,139,300
Total local revenues..................................... 2,337,700 2,337,700
Total private revenues................................... 134,600 134,600
Total other state restricted revenues................... 122,296,400 120,196,400
State general fund/general purpose...................... $ 594,121,100 $ 545,574,900
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 529,121,100 545,574,900
One-time state general fund/general purpose.......... 65,000,000 0
Sec. 18-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 851.5 851.5
Unclassified salaries-6.0 FTE positions................. $ 946,600 $ 946,600
Administrative services-165.5 FTE positions............. 25,279,200 25,279,200
Budget and financial management-178.0 FTE
positions..... 36,927,200 36,927,200
Building operation services-255.0 FTE
positions......... 94,123,600 94,123,600
Bureau of labor market information and
strategies-44.0
FTE positions.......................................... 5,917,900 5,917,900
Business support services-104.0 FTE positions........... 13,885,200 13,885,200
Design and construction services-40.0 FTE
positions..... 6,913,600 6,913,600
Executive operations-12.0 FTE positions................. 2,510,700 2,510,700
Motor vehicle fleet-39.0 FTE positions.................. 77,043,000 77,043,000
Office of the state employer-14.0 FTE
positions......... 1,781,500 1,781,500
Property management...................................... 8,059,900 8,059,900
GROSS APPROPRIATION...................................... $ 273,388,400 $ 273,388,400
Appropriated from:
Interdepartmental
grant revenues:
IDG from department of health and human
services........ 744,400 744,400
IDG from department of licensing and
regulatory
affairs................................................ 100,000 100,000
IDG from other restricted funding....................... 196,762,800 196,762,800
Federal revenues:
Other federal revenues................................... 5,139,300 5,139,300
Special revenue funds:
Local revenues........................................... 56,200 56,200
Private revenues......................................... 134,600 134,600
Other state restricted revenues......................... 25,780,700 25,780,700
State general fund/general purpose...................... $ 44,670,400 $ 44,670,400
Sec. 18-103. TECHNOLOGY SERVICES
Full-time equated classified positions................ 1,641.5 1,641.5
Education services-33.0 FTE positions................... $ 4,932,700 $ 4,932,700
Enterprise identity management-17.0 FTE
positions....... 9,919,800 9,919,800
General services-356.5 FTE positions.................... 130,561,500 130,561,500
Health and human services-656.5 FTE positions........... 556,387,300 556,387,300
Homeland security initiative/cyber
security-25.0 FTE
positions.............................................. 14,174,700 14,174,700
Information technology investment fund.................. 35,000,000 35,000,000
Michigan public safety communications
system-137.0 FTE
positions.............................................. 48,705,600 48,705,600
Public protection-162.5 FTE positions................... 63,079,800 63,079,800
Resources services-154.5 FTE positions.................. 22,271,100 22,271,100
Transportation services-99.5 FTE positions.............. 39,048,400 39,048,400
GROSS APPROPRIATION...................................... $ 924,080,900 $ 924,080,900
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding..................... . 816,280,800 816,280,800
Special revenue funds:
Local revenues........................................... 2,281,500 2,281,500
State general fund/general purpose...................... $ 105,518,600 $ 105,518,600
Sec. 18-104. STATEWIDE APPROPRIATIONS
Professional development fund - AFSCME.................. $ 50,000 $ 50,000
Professional development fund - MPE, SEIU,
scientific
and engineering unit................................... 100,000 100,000
Professional development fund - MPE, SEIU,
technical
unit................................................... 50,000 50,000
Professional development fund - NEREs................... 200,000 200,000
Professional development fund - UAW..................... 700,000 700,000
GROSS APPROPRIATION...................................... $ 1,100,000 $ 1,100,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 1,100,000 1,100,000
Special revenue funds:
State general fund/general purpose...................... $ 0 $ 0
Sec. 18-105. SPECIAL PROGRAMS
Full-time equated classified positions................ 181.0 181.0
Office of children's ombudsman-14.0 FTE
positions....... $ 1,931,400 $ 1,931,400
Property management - executive/legislative............. 1,285,200 1,285,200
Retirement services-167.0 FTE positions................. 25,451,200 25,451,200
Venture Michigan fund II voucher purchase............... 56,300,000 62,500,000
GROSS APPROPRIATION...................................... $ 84,967,800 $ 91,167,800
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 25,374,200 25,374,200
State general fund/general purpose...................... $ 59,593,600 $ 65,793,600
Sec. 18-106. STATE BUILDING AUTHORITY RENT
State building authority rent - community
colleges...... $ 35,696,200 $ 36,037,200
State building authority rent - state agencies.......... 65,028,900 70,778,500
State building authority rent - universities............ 145,845,500 150,008,700
GROSS APPROPRIATION...................................... $ 246,570,600 $ 256,824,400
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 246,570,600 $ 256,824,400
Sec. 18-107. CIVIL SERVICE COMMISSION
Full-time equated classified positions................ 459.0 459.0
Agency services-115.0 FTE positions..................... $ 18,319,000 $ 18,319,000
Employee benefits-25.0 FTE positions.................... 7,846,700 7,846,700
Executive direction-45.0 FTE positions.................. 10,492,600 10,492,600
Human resources operations-274.0 FTE positions.......... 35,499,800 35,499,800
Information technology services and projects............ 3,637,100 3,637,100
GROSS APPROPRIATION...................................... $ 75,795,200 $ 75,795,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 50,827,500 50,827,500
State general fund/general purpose...................... $ 24,967,700 $ 24,967,700
Sec. 18-108. CAPITAL OUTLAY
Enterprisewide special maintenance for state
facilities............................................. $ 31,000,000 $ 31,000,000
Major special maintenance, remodeling, and
additions
for state agencies..................................... 3,800,000 3,800,000
GROSS APPROPRIATION...................................... $ 34,800,000 $ 34,800,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 3,800,000 3,800,000
Special revenue funds:
State general fund/general purpose...................... $ 31,000,000 $ 31,000,000
Sec. 18-109. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 35,947,100 $ 35,947,100
GROSS APPROPRIATION...................................... $ 35,947,100 $ 35,947,100
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 932,900 932,900
Special revenue funds:
Other state restricted revenues......................... 18,214,000 18,214,000
State general fund/general purpose...................... $ 16,800,200 $ 16,800,200
Sec. 18-110. ONE-TIME APPROPRIATIONS
Advanced persistent cyber threats....................... $ 20,000,000 $ 0
Enterprisewide special maintenance for state
facilities............................................. 30,000,000 0
Green revolving fund..................................... 5,000,000 0
Paid parental leave...................................... 10,000,000 0
Retirement services customer relationship
management
replacement............................................ 2,100,000 0
GROSS APPROPRIATION...................................... $ 67,100,000 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 2,100,000 0
State general fund/general purpose...................... $ 65,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$716,417,500.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $0.00.
Sec.
18-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
18-203. As used in this article:
(a)
"AFSCME" means American Federation of State, County, and Municipal
Employees.
(b)
"COBRA" means the consolidated omnibus budget reconciliation act of
1985, Public Law 99-272, 100 Stat 82.
(c)
"Department" means the department of technology, management and
budget.
(d)
"Director" means the director of the department.
(e)
"FTE" means full-time equated.
(f)
"IDG" means interdepartmental grant.
(g)
"JCOS" means the joint capital outlay subcommittee.
(h)
"MPE" means the Michigan Public Employees.
(i)
"NERE" means nonexclusively represented employees.
(j)
"SEIU" means Service Employees International Union.
(k)
"SIGMA" means statewide integrated governmental management
applications.
(l)
"State building authority" means the authority created under 1964 PA
183, MCL 830.411 to 830.425.
(m)
"UAW" means the United Automobile, Aerospace, and Agricultural
Implement Workers of America.
Sec.
18-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
18-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the proportion
funded with state general fund/general purpose revenues, the proportion funded
with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec.
18-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
18-209. Not later than 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. From the funds appropriated in part 1, the department shall maintain a
searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
18-212. Within 14 days after the release of the executive budget
recommendation, the department shall provide to the state budget office
information sufficient to provide the senate and house appropriations chairs,
the senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2020 and September 30,
2021.
Sec.
18-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
18-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2021 are estimated at
$93,732,800.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $44,974,200.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$48,758,600.00.
DEPARTMENT OF TECHNOLOGY, MANAGEMENT
AND BUDGET
Sec.
18-802. Proceeds in excess of necessary costs incurred in the conduct of
transfers or auctions of state surplus, salvage, or scrap property made
pursuant to section 267 of the management and budget act, 1984 PA 431, MCL
18.1267, are appropriated to the department to offset costs incurred in the
acquisition and distribution of surplus property. The department shall provide
consolidated Internet auction services through the state's contractors for all
local units of government.
Sec.
18-803. (1) The department may receive and expend funds in addition to those
authorized by part 1 for maintenance and operation services provided
specifically to other principal executive departments or state agencies, the
legislative branch, the judicial branch, or private tenants, or provided in
connection with facilities transferred to the operational jurisdiction of the
department.
(2)
The department may receive and expend funds in addition to those authorized by
part 1 for real estate, architectural, design, 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) 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
SlGMA user charges, the specific amounts are appropriated within the special
revenue internal service and pension trust funds in portions not to exceed the
aggregate amount appropriated in part 1.
Sec.
18-806. In addition to the funds appropriated in part 1 to the department, the
department may receive and expend funds from other principal executive
departments and state agencies to implement administrative leave bank transfer
provisions as may be specified in joint labor/management agreements. The
amounts may also be transferred to other principal executive departments and
state agencies under the joint agreement and any amounts transferred under the
joint agreement are authorized for receipt and expenditure by the receiving
principal executive department or state agency. Any amounts received by the
department under this section and intended, under the joint labor/management
agreements, to be available for use beyond the close of the fiscal year and any
unencumbered funds may be carried over into the succeeding fiscal year.
Sec.
18-807. Financing in part 1 for SIGMA shall be funded by proportionate charges
assessed against the respective state funds benefiting from this project in the
amounts determined by the department.
Sec.
18-808. (1) Deposits against the interdepartmental grant from building
occupancy and parking charges appropriated in part 1 shall be collected, in
part, from state agencies, the legislative branch, and the judicial branch
based on estimated costs associated with maintenance and operation of buildings
managed by the department. To the extent excess revenues are collected due to estimates
of building occupancy charges exceeding actual costs, the excess revenues may
be carried forward into succeeding fiscal years for the purpose of returning
funds to state agencies.
(2)
Appropriations in part 1 to the department, for management and budget services
for building occupancy charges and parking charges, may be increased to return
excess revenue collected to state agencies.
Sec.
18-809. On a quarterly basis, the department shall notify the chairpersons of
the senate and house of representatives standing committees on appropriations,
the chairpersons of the senate and house of representatives standing committees
on appropriations subcommittees on general government, the house and senate
fiscal agencies, and the state budget director on any revisions either
individually or in the aggregate that increase or decrease current contracts by
more than $500,000.00 for computer software development, hardware acquisition,
or quality assurance.
Sec.
18-810. From the funds appropriated in part 1, the department shall maintain an
Internet website that contains notice of all solicitations, invitations for
bids, and requests for proposals over $50,000.00 issued by the department or by
any state agency operating under delegated authority, except for solicitations
up to $500,000.00 in accordance with department policy regarding providing
opportunities to Michigan small businesses, geographically disadvantaged
business enterprises, Michigan veteran-owned businesses, Michigan service
disabled veteran-owned businesses, or Michigan recognized community
rehabilitation organizations, or in situations where it would be in the best
interest of this state and documented by the department. This information must
appear on the first page of each department or state agency dashboard. The
department shall not set the due date for acceptance of an invitation for bid
or request for proposal to less than 14 days after the notice is made available
on the Internet website, except in situations where it would be in the best interest
of this state and documented by the department. In addition to the requirements
of this section, the department may advertise the solicitations, invitations
for bids, and requests for proposals in any manner the department determines
appropriate, in order to give the greatest number of individuals and businesses
the opportunity to respond, or make bids or requests for proposals.
Sec.
18-811. The department may receive and expend funds from the Vietnam veterans
memorial monument fund as provided in the Michigan Vietnam veterans memorial
act, 1988 PA 234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated
when received and may be expended upon receipt.
Sec.
18-812. The Michigan veterans' memorial park commission may receive and expend
money from any source, public or private, including, but not limited to, gifts,
grants, donations of money, and government appropriations, for the purposes
described in Executive Order No. 2001-10. Funds are appropriated and allocated
when received and may be expended upon receipt. Any deposits made under this
section and unencumbered funds are restricted revenues and may be carried over
into succeeding fiscal years.
Sec.
18-813. (1) Funds in part 1 for the 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 the motor vehicle fleet shall be funded by
revenue from rates charged to principal executive departments and agencies for
utilizing vehicle travel services provided by the department. Revenue in excess
of the amount appropriated in part 1 from the motor transport fund and any
unencumbered funds are restricted revenues and may be carried over into the
succeeding fiscal year.
(3)
Pursuant to the department's authority under sections 213 and 215 of the
management and budget act, 1984 PA 431, MCL 18.1213 and 18.1215, the department
shall maintain a plan regarding the operation of the motor vehicle fleet. The
plan shall include the number of vehicles assigned to, or authorized for use
by, state departments and agencies, efforts to reduce travel expenditures, the
number of cars in the motor vehicle fleet, the number of miles driven by fleet
vehicles, and the number of gallons of fuel consumed by fleet vehicles. The
plan shall include a calculation of the amount of state motor vehicle fuel
taxes that would have been incurred by fleet vehicles if fleet vehicles were
required by law to pay motor fuel taxes. The plan shall include a description
of fleet garage operations, the goods sold and services provided by the fleet
garage, the cost to operate the fleet garage, the number of fleet garage
locations, and the number of employees assigned to each fleet garage. The plan
may be adjusted during the fiscal year based on needs and cost savings to
achieve the maximum value and efficiency from the state motor fleet. Within 60
days after the close of the fiscal year, the department shall provide a report
to the senate and house of representatives standing committees on
appropriations, the chairpersons of the relevant appropriations subcommittees,
the senate and house fiscal agencies, and the state budget director detailing
the current plan and changes made to the plan during the fiscal year. The plan
shall also be posted on the department website.
(4)
The department may charge state agencies for fuel cost increases that exceed
$3.04 per gallon of unleaded gasoline. The department shall notify state
agencies, in writing or by electronic mail, at least 30 days before
implementing additional charges for fuel cost increases. Revenues received from
these charges are appropriated upon receipt.
(5)
The state budget director, upon notification to the senate and house of
representatives standing committees on appropriations, may adjust spending
authorization and the IDG from the motor transport fund in the department in
order to ensure that the appropriations for the motor vehicle fleet in the
department's budget equal the expenditures for the motor vehicle fleet in the
budgets for all executive branch agencies.
Sec.
18-814. The department shall develop a plan regarding the use of the funds
appropriated in part 1 for the information technology investment fund. The plan
shall include, but not be limited to, a description of proposed information
technology investment projects, the time frame for completion of the
information technology investment projects, the proposed cost of the
information technology investment projects, the number of employees assigned to
implement each information technology investment project, the contracts entered
into for each information technology investment project, and any other
information the department deems necessary. The plan shall be distributed to
the senate and house of representatives standing committees on appropriations
subcommittees on general government, 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 the information technology
investment fund shall be used for the modernization of state information
technology systems, improvement of the state's cyber security framework, and to
achieve efficiencies.
Sec.
18-815. In addition to the general fund/general purpose appropriations for
special maintenance, remodeling, and additions for state agencies in part 1,
there is 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. The department shall notify
the senate and house general government appropriations subcommittees and any
other relevant senate and house appropriations subcommittee within 10 days of
effectuating appropriations under this section.
Sec.
18-818. In addition to the funds appropriated in part 1, the department may
receive and expend money from the Michigan law enforcement officers memorial
monument fund as provided in the Michigan law enforcement officers memorial
act, 2004 PA 177, MCL 28.781 to 28.787.
Sec.
18-820. The department shall make available to the public a list of all parcels
of real property owned by the state that are available for purchase. The list
shall be posted on the Internet through the department's website.
Sec.
18-822. The department shall compile a report by January 1 pertaining to the
salaries of unclassified employees, as well as gubernatorial appointees, within
all state departments and agencies. The report shall enumerate each unclassified
employee and gubernatorial appointee and his or her annual salary individually.
The report shall be distributed to the chairs of the senate and house of
representatives standing committees on appropriations subcommittees on general
government, the senate and house fiscal agencies, as well as the state budget
director and be made available electronically.
Sec.
18-822c. The funds appropriated in part 1 shall not be used to support any
staff effort, projects, consultant expenses, or any other activity related to
the development, financing, construction, operation, or implementation of the
Gordie Howe International Crossing or any successor project unless the project
is approved by the legislature and signed into law.
Sec.
18-822g. The department shall report quarterly to the senate and house of
representatives standing committees on appropriations, the senate and house
appropriations subcommittees on general government, and the senate and house
fiscal agencies on legal service fund expenditures. The report shall itemize
expenditures by case, purpose, and department involved and shall include
expenditures related to all previously appropriated funds.
Sec.
18-822m. (1) From the funds appropriated in part 1, the department shall
establish a system that collaborates with other departments to keep track of
the performance of vendors in fulfilling contract obligations. The performance
of these vendors shall be recorded and used as a factor to determine future
contracts awarded in the procurement process.
(2)
By March 15 the department shall provide a complete listing of all state
departments and agencies that have not complied with the requirements of this
section by March 1. The report listing noncompliant state departments and
agencies shall be submitted no later than March 15 to the chairpersons of the
senate and house appropriations subcommittees on general government, the senate
and house fiscal agencies, and the state budget director.
INFORMATION TECHNOLOGY
Sec.
18-823. (1) The department may sell and accept paid advertising for placement
on any state website under its jurisdiction. The department shall review and
approve the content of each advertisement. The department may refuse to accept
advertising from any person or organization or require modification to
advertisements based upon criteria determined by the department. Revenue
received under this subsection shall be used for operating costs of the
department and for future technology enhancements to state of Michigan
e-government initiatives. Funds received under this subsection shall be limited
to $250,000.00. Any funds in excess of $250,000.00 shall be deposited in the
state general fund.
(2)
The department may accept gifts, donations, contributions, bequests, and grants
of money from any public or private source to assist with the underwriting or
sponsorship of state webpages or services offered on those webpages. A private
or public funding source may receive recognition in the webpage. The department
may reject any gift, donation, contribution, bequest, or grant.
(3)
Funds accepted by the department under subsection (1) or (2) are appropriated
and allotted when received and may be expended upon approval of the state
budget director. The state budget office shall notify the senate and house of representatives
standing committees on appropriations subcommittees on general government and
the senate and house fiscal agencies within 10 days after the approval is
given. The department shall provide a report to the senate and house of
representatives appropriations subcommittees on general government, the senate
and house fiscal agencies, and the state budget director that details the funds
accepted for the prior fiscal year by November 1.
Sec.
18-824. The department may enter into agreements to supply spatial information
and technical services to other principal executive departments, state
agencies, local units of government, and other organizations. The department
may receive and expend funds in addition to those authorized in part 1 for
providing information and technical services, publications, maps, and other
products. The department may expend amounts received for salaries, supplies,
and equipment necessary to provide informational products and technical
services.
Sec.
18-825. The legislature shall have access to all historical and current data
contained within SIGMA, or its predecessor, pertaining to state departments.
State departments shall have access to all historical and current data
contained within SIGMA or its predecessor.
Sec.
18-826. When used in this part and part 1, "information technology
services" means services involving all aspects of managing and processing
information, including, but not limited to, all of the following:
(a)
Application and mobile development and maintenance.
(b)
Desktop computer support and management.
(c)
Cyber security.
(d)
Social media.
(e)
Mainframe computer support and management.
(f)
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)
The department must provide a report to the senate and house of representatives
standing committees on appropriations, the senate and house fiscal agencies,
and the state budget office by April 15, indicating the amount of revenue
collected under this section and expended for support and maintenance of the
Michigan public safety communication system for the immediately preceding
6-month period. Any deposits made under this section and unencumbered funds are
restricted revenues and shall be carried forward into succeeding fiscal years.
Sec.
18-828. The department shall submit a report for fiscal quarters 1-3 to the
senate and house of representatives standing committees on appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director not later than 45 calendar days after each fiscal
quarter. The report shall include the following:
(a)
The estimated total amount of funding appropriated for information technology
services and projects, by funding source, for all principal executive
departments and agencies for each fiscal quarter.
(b)
A listing of the expenditures made from the amounts received by the department
as reported in subdivision (a).
Sec.
18-830. (1) The department must provide a report on a quarterly basis providing
key information on all executive branch department and enterprisewide
information technology projects. The report must be submitted to the senate and
house appropriations subcommittees on general government, the senate and house
fiscal agencies, and the state budget director as well as being posted online.
(2)
The report must contain the following information, as applicable, for each
active information technology project and each completed information technology
project closed within the 2-year period immediately preceding the quarterly due
date of the report:
(a)
The client department, agency, or organization for which the project is being
undertaken.
(b)
The active or completed status.
(c)
For active projects, the number of days the current approved completion date
differs from the initial planned completion date.
(d)
For active projects, the dollar amount the current approved budget differs from
the initial planned budget.
(e)
For completed projects, the number of days the actual completion date differed
from the initial planned completion date.
(f)
For completed projects, the dollar amount the actual cost differed from the
initial planned budget.
(g)
The project name.
(h)
The purpose of the project described in terms of the needs of end users of the
project and an explanation of the project's origination, including whether the
project originated from: state mandate, federal mandate, court order, or
department initiative.
(i)
Whether the project is managed by the department's enterprise portfolio
management office.
(j)
The initial planned budget.
(k)
The revised budget if there is any increase or decrease to the project's
initial budget.
(l)
The actual cost to date.
(m)
The planned start date.
(n)
The actual start date.
(o)
The initial planned completion date.
(p)
The revised planned completion date if there is a change from the initial
planned completion date.
(q)
The actual completion date.
(r)
A brief description of the benefit or justification of changes by project
change request that impact a project's schedule or budget and whether the
change request is the result of state mandate, federal mandate, court order, or
department initiative.
(s)
Whether quality assurance services are assigned to the project.
(t)
The project success score after project closure.
(u)
The customer satisfaction rating after project closure.
(v)
The percentage of days a project is over its initial scheduled completion date.
(3)
The report must include the total number of completed projects for which costs
exceeded the initial budget, the total number of completed projects for which
the completion date occurred after the initial planned completion date, the
total number of completed projects that exceeded both the initial planned
budget and schedule, and the corresponding percentages of each of these numbers
of all completed projects.
Sec.
18-831. The department shall submit monthly invoices for information technology
services provided by the department either directly or through contracted
vendors during that month to departments or agencies by no later than 50 days
after receiving approval to pay vendor invoices from the departments and
agencies for the information technology services provided.
Sec.
18-833. (1) The state budget director, upon notification to the senate and
house of representatives standing committees on appropriations, may adjust
spending authorization and user fees in the department in order to ensure that
the appropriations for information technology in the department equal the
appropriations for information technology in the budgets for all executive
branch agencies.
(2)
If during the course of the fiscal year a transfer or supplemental to or from
the information technology line item within an agency budget is made under
section 393 of the management and budget act, 1984 PA 431, MCL 18.1393, there
is appropriated an equal amount of user fees in the department to accommodate
an increase or decrease in spending authorization.
Sec.
18-834. (1) Revenue collected from licenses issued under the antenna site
management project shall be deposited into the antenna site management
revolving fund created for this purpose in the department. The department may
receive and expend money from the fund for costs associated with the antenna
site management project, including the cost of a third-party site manager. Any
excess revenue remaining in the fund at the close of the fiscal year shall be
proportionately transferred to the appropriate state restricted funds as
designated in statute or by constitution.
(2)
An antenna shall not be placed on any site pursuant to this section without
complying with the respective local zoning codes and local unit of government
processes.
Sec.
18-835. (1) In addition to the funds appropriated in part 1, the funds
collected by the department for supplying census-related information and
technical services, publications, statistical studies, population projections
and estimates, and other demographic products are appropriated for all expenses
necessary to provide the required services. These funds are available for
expenditure when they are received and may be carried forward into the next
succeeding fiscal year.
(2)
The department must submit a report to the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget office by March 1 that provides the amount of revenue
collected by the department from the authorization in subsection (1) and the
amount of revenue carried forward.
Sec.
18-837. All information technology projects funded by appropriations in part 1
must utilize information technology project management best practices and
services as defined or recommended by the enterprise portfolio management
office and comply with the requirements of the state unified information
technology environment methodology as it applies to all project management
processes.
STATE BUILDING AUTHORITY RENT
Sec.
18-842. (1) The state building authority rent appropriations in part 1 may also
be expended for the payment of required premiums for insurance on facilities
owned by the state building authority or payment of costs that may be incurred
as the result of any deductible provisions in such insurance policies.
(2)
If the amount appropriated in part 1 for state building authority rent is not
sufficient to pay the rent obligations and insurance premiums and deductibles
identified in subsection (1) for state building authority projects, there is
appropriated from the general fund of the state the amount necessary to pay
such obligations.
CIVIL SERVICE COMMISSION
Sec.
18-850. (1) In accordance with section 5 of article XI of the state
constitution of 1963, all restricted funds shall be assessed a sum not less
than 1% of the total aggregate payroll paid from those funds for financing the
civil service commission on the basis of actual 1% restricted sources total
aggregate payroll of the classified service for the preceding fiscal year. This
includes, but is not limited to, restricted funds appropriated in part 1 of any
appropriations act. Unexpended 1% appropriated funds shall be returned to each
1% fund source at the end of the fiscal year.
(2)
The appropriations in part 1 are estimates of actual charges based on payroll
appropriations. With the approval of the state budget director, the commission
is authorized to adjust financing sources for civil service charges based on
actual payroll expenditures, provided that such adjustments do not increase the
total appropriation for the civil service commission.
(3)
The financing from restricted sources shall be credited to the civil service
commission by the end of the second fiscal quarter.
Sec.
18-851. Except where specifically appropriated for this purpose, financing from
restricted sources shall be credited to the civil service commission. For
restricted sources of funding within the general fund that have the legislative
authority for carryover, if current spending authorization or revenues are
insufficient to accept the charge, the shortage shall be taken from
carryforward balances of that funding source. Restricted revenue sources that
do not have carryforward authority shall be utilized to satisfy commission
operating deducts first and civil service obligations second. General fund
dollars are appropriated for any shortfall, pursuant to approval by the state
budget director.
Sec.
18-852. The appropriation in part 1 to the civil service commission, for
state-sponsored group insurance, flexible spending accounts, and COBRA,
represents amounts, in part, included within the various appropriations
throughout state government for the current fiscal year to fund the flexible
spending account program included within the civil service commission. Deposits
against state sponsored group insurance, flexible spending accounts, and COBRA
for the flexible spending account program shall be made from assessments levied
during the current fiscal year in a manner prescribed by the civil service
commission. Unspent employee contributions to the flexible spending accounts
may be used to offset administrative costs for the flexible spending account
program, with any remaining balance of unspent employee contributions to be
lapsed to the general fund.
CAPITAL OUTLAY
Sec.
18-860. As used in sections 861 through 875 of this part:
(a)
"Board" means the state administrative board.
(b)
"Community college" means a community college organized under the
community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under part
25 of the revised school code, 1976 PA 451, MCL 380.1601 to 280.1607, and does
not include a state agency or university.
(c)
"University" means a 4-year university supported by the state.
University does not include a community college or a state agency.
Sec.
18-861. Each capital outlay project authorized in this part and part 1 or any
previous capital outlay act shall comply with the procedures required by the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
18-864. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with the provisions of section
248 of the management and budget act, 1984 PA 431, MCL 18.1248.
Sec.
18-865. (1) A site preparation economic development fund is created in the
department. As used in this section, "economic development sites"
means those state-owned sites declared as surplus property pursuant to section
251 of the management and budget act, 1984 PA 431, MCL 18.1251, that would
provide economic benefit to the area or to the state. The Michigan economic
development corporation board and the state budget director shall determine
whether or not a specific state-owned site qualifies for inclusion in the fund
created under this subsection.
(2)
Proceeds from the sale of any sites designated in subsection (1) shall be
deposited into the fund created in subsection (1) and shall be available for
site preparation expenditures, unless otherwise provided by law. The economic
development sites authorized in subsection (1) are authorized for sale
consistent with state law. Expenditures from the fund are authorized for site
preparation activities that enhance the marketable sale value of the sites.
Site preparation activities include, but are not limited to, demolition,
environmental studies and abatement, utility enhancement, and site excavation.
(3)
A cash advance in an amount of not more than $25,000,000.00 is authorized from
the general fund to the site preparation economic development fund.
(4)
An annual report shall be transmitted to the senate and house of
representatives standing committees on appropriations not later than December
31 of each year. This report shall detail both of the following:
(a)
The revenue and expenditure activity in the fund for the preceding fiscal year.
(b)
The sites identified as economic development sites under subsection (1).
CAPITAL OUTLAY - UNIVERSITIES AND
COMMUNITY COLLEGES
Sec.
18-873. (1) This section applies only to projects for community colleges.
(2)
State support is directed towards the remodeling and additions, special
maintenance, or construction of certain community college buildings. The
community college shall obtain or provide for site acquisition and initial main
utility installation to operate the facility. Funding shall be composed of
local and state shares and not more than 50% of a capital outlay project, not
including a lump-sum special maintenance project or remodeling and addition
project, for a community college shall be appropriated from state and federal
funds, unless otherwise appropriated by the legislature.
(3)
An expenditure under this part and part 1 is authorized when the release of the
appropriation is approved by the board upon the recommendation of the director.
The director may recommend to the board the release of any appropriation in
part 1 only after the director is assured that the legal entity operating the
community college to which the appropriation is made has complied with this
part and part 1 and has matched the amounts appropriated as required by this
part and part 1. A release of funds in part 1 shall not exceed 50% of the total
cost of planning and construction of any project, not including lump-sum
remodeling and additions and special maintenance, unless otherwise appropriated
by the legislature. Further planning and construction of a project authorized
by this part and part 1 or applicable sections of the management and budget
act, 1984 PA 431, MCL, 18.1101 to 18.1594, shall be in accordance with the
purpose and scope as defined and delineated in the approved program statements;
and planning documents. This part and part 1 are applicable to all projects for
which planning appropriations were made in previous acts.
(4)
The community college shall take the steps necessary to secure available
federal construction and equipment money for projects funded for construction
in this part and part 1 if an application was not previously made. If there is
a reasonable expectation that a prior year unfunded application may receive
federal money in a subsequent year, the college shall take whatever action
necessary to keep the application active.
Sec.
18-874. If university and community college matching revenues are received in
an amount less than the appropriations for capital projects contained in this
part and part 1, the state funds shall be reduced in proportion to the amount
of matching revenue received.
Sec.
18-875. (1) The director may require that community colleges and universities
that have an authorized project listed in part 1 submit documentation regarding
the project match and governing board approval of the authorized project not
more than 60 days after the beginning of the fiscal year.
(2)
If the documentation required by the director under subsection (1) is not
submitted or does not adequately authenticate the availability of the project
match or board approval of the authorized project, the authorization may
terminate. The authorization terminates 30 days after the director notifies the
JCOS of the intent to terminate the project unless the JCOS convenes to extend
the authorization.
ONE-TIME APPROPRIATIONS
Sec.
18-901. (1) The green revolving fund is created within the state treasury. The
state treasurer may receive money or other assets from any source for deposit
into the green revolving fund. The state treasurer shall credit to the green
revolving fund interest and earnings from green revolving fund investments.
(2)
Money in the green revolving fund at the close of the fiscal year shall remain
in the green revolving fund and shall not lapse to the general fund.
(3)
From the funds appropriated in part 1 for the green revolving fund,
$5,000,000.00 from the state general fund/general purpose is deposited in the
green revolving fund created in subsection (1) and is appropriated for energy
efficiency and renewable energy projects.
(4)
The department will provide oversight and direction for the green revolving
fund and shall coordinate a call for projects and prioritize the award of
projects that will contribute to a reduction in the state's carbon footprint.
(5)
The department shall set terms with agencies participating in the green
revolving fund program that include the project(s) scope, funding commitments,
data collection and reporting requirements, and any other financial terms
related to realization of energy savings related to implementation of the
project(s). The department may enter into a memorandum of understanding to
memorialize these terms.
(6)
Energy savings generated by a project shall be paid to the green revolving fund
in future years by a participating agency in a manner and under the terms
determined by the department as described in subsection (5). Funds received in
addition to the appropriation in subsection (3) to the green revolving fund are
appropriated and may be expended in a manner consistent with the goals of the
fund outlined in subsection (3).
Sec.
18-902. The lump sum appropriation in part 1 for paid parental leave shall be
expended by the department to address disproportionate budgetary impacts on
state agencies associated with implementation of any paid parental leave policy
approved by the Michigan Civil Service Commission. The state budget director
shall determine the manner in which funds are allocated and expended for this
purpose.
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, 2021, and are anticipated to be appropriated
for the fiscal year ending September 30, 2022, 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................ 2,826.3 2,826.3
GROSS APPROPRIATION...................................... $ 5,259,273,100 $ 5,291,279,200
Total interdepartmental grants and
interdepartmental
transfers.............................................. 4,063,100 4,063,100
ADJUSTED GROSS APPROPRIATION............................ $ 5,255,210,000 $ 5,287,216,100
Total federal revenues................................... 1,392,546,100 1,389,869,000
Total local revenues..................................... 51,032,000 51,032,000
Total private revenues................................... 900,000 900,000
Total other state restricted revenues................... 3,810,731,900 3,845,415,100
State general fund/general purpose...................... $ 0 $ 0
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 0 0
One-time state general fund/general purpose.......... 0 0
Sec. 19-102. DEBT SERVICE
Airport safety and protection plan...................... $ 3,432,000 $ 3,432,000
Blue Water Bridge fund................................... 6,888,600 6,888,600
Comprehensive transportation............................ 10,903,900 10,903,900
Economic development..................................... 11,638,000 11,638,000
Local bridge fund........................................ 2,380,900 2,380,900
State trunkline.......................................... 165,094,300 165,094,300
GROSS APPROPRIATION...................................... $ 200,337,700 $ 200,337,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 55,180,900 55,180,900
Special revenue funds:
Other state restricted revenues......................... 145,156,800 145,156,800
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
CTF grant to civil service commission................... $ 250,000 $ 250,000
CTF grant to department of attorney general............. 107,800 107,800
CTF grant to department of treasury..................... 41,800 41,800
CTF grant to legislative auditor general................ 42,600 42,600
CTF grant to department of technology,
management and
budget................................................. 48,100 48,100
MTF grant to department of environment, great
lakes,
and energy............................................. 1,497,600 1,497,600
MTF grant to department of treasury..................... 3,025,400 3,025,400
MTF grant to legislative auditor general................ 345,000 345,000
MTF grant to department state for collection
of
revenue and fees....................................... 20,000,000 20,000,000
SAF grant to civil service commission................... 150,000 150,000
SAF grant to department of attorney general............. 188,200 188,200
SAF grant to department of treasury..................... 81,600 81,600
SAF grant to legislative auditor general................ 33,300 33,300
SAF grant to department of technology,
management and
budget................................................. 37,500 37,500
STF grant to civil service commission................... 6,321,000 6,321,000
STF grant to department of attorney general............. 2,135,900 2,135,900
STF grant to department of state police................. 12,170,700 12,170,700
STF grant to department of treasury..................... 148,300 148,300
STF grant to legislative auditor general................ 801,500 801,500
STF grant to department of technology,
management and
budget................................................. 1,523,500 1,523,500
GROSS APPROPRIATION...................................... $ 48,949,800 $ 48,949,800
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 48,949,800 48,949,800
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................ 259.3 259.3
Unclassified salaries-6.0 FTE positions................. $ 828,600 $ 828,600
Asset management council................................. 1,876,400 1,876,400
Business support services-41.0 FTE positions............ 6,797,900 6,797,900
Commission audit-29.3 FTE positions..................... 3,574,100 3,574,100
Economic development and enhancement
programs-10.0 FTE
positions.............................................. 1,734,400 1,734,400
Finance, contracts, and support services-171.0
FTE
positions.............................................. 22,467,400 22,467,400
Property management...................................... 7,011,400 7,011,400
Rebuilding Michigan office of accountability
and
transparency-8.0 FTE positions......................... 3,000,000 3,000,000
Worker's compensation.................................... 1,608,000 1,608,000
GROSS APPROPRIATION...................................... $ 48,898,200 $ 48,898,200
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 4,063,100 4,063,100
Special revenue funds:
Other state restricted revenues......................... 44,835,100 44,835,100
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-105. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 39,623,000 $ 39,623,000
GROSS APPROPRIATION...................................... $ 39,623,000 $ 39,623,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 520,500 520,500
Special revenue funds:
Other state restricted revenues......................... 39,102,500 39,102,500
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-106. TRANSPORTATION PLANNING
Full-time equated classified positions................ 136.0 136.0
Grants to regional planning councils.................... $ 488,800 $ 488,800
Planning services-136.0 FTE positions................... 41,766,500 41,766,500
GROSS APPROPRIATION...................................... $ 42,255,300 $ 42,255,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 24,000,000 24,000,000
Special revenue funds:
Other state restricted revenues......................... 18,255,300 18,255,300
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-107. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions................ 1,508.3 1,508.3
Business services-120.0 FTE positions................... $ 18,182,300 $ 18,182,300
Program development and delivery-1,031.3 FTE
positions.. 102,492,900 102,492,900
System operations management-357.0 FTE
positions........ 57,666,100 57,666,100
GROSS APPROPRIATION...................................... $ 178,341,300 $ 178,341,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 23,529,800 23,529,800
Special revenue funds:
Other state restricted revenues......................... 154,811,500 154,811,500
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-108. HIGHWAY MAINTENANCE
Full-time equated classified positions................ 760.7 760.7
State trunkline operations-760.7 FTE positions.......... $ 415,521,900 $ 415,521,900
GROSS APPROPRIATION...................................... $ 415,521,900 $ 415,521,900
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 415,521,900 415,521,900
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-109. ROAD AND BRIDGE PROGRAMS
Cities and villages...................................... $ 663,624,900 $ 677,729,000
County road commissions.................................. 1,190,263,000 1,215,559,900
Grants to local programs................................. 33,000,000 33,000,000
Local bridge program..................................... 28,532,300 28,846,000
Local federal aid and road and bridge
construction...... 290,587,800 296,668,600
Local agency wetlands mitigation........................ 2,000,000 2,000,000
Movable bridge........................................... 5,444,100 5,553,000
Rail grade crossing...................................... 3,000,000 3,000,000
Rail grade crossing - surface improvements.............. 3,000,000 3,000,000
State trunkline federal aid and road and
bridge
construction........................................... 1,403,829,500 1,447,632,000
GROSS APPROPRIATION...................................... $ 3,623,281,600 $ 3,712,988,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,112,914,900 1,137,237,800
Special revenue funds:
Local revenues........................................... 30,003,500 30,003,500
Other state restricted revenues......................... 2,480,363,200 2,545,747,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-111. BLUE WATER BRIDGE
Full-time equated classified positions................ 41.0 41.0
Blue Water Bridge operations-41.0 FTE
positions......... $ 6,743,700 $ 6,743,700
GROSS APPROPRIATION...................................... $ 6,743,700 $ 6,743,700
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 6,743,700 6,743,700
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-112. TRANSPORTATION ECONOMIC DEVELOPMENT
Community service infrastructure fund................... $ 3,000,000 $ 3,000,000
Forest roads............................................. 5,000,000 5,000,000
Rural county primary..................................... 7,956,300 7,956,300
Rural county urban system................................ 2,500,000 2,500,000
Target industries/economic redevelopment................ 16,412,700 16,412,700
Urban county congestion.................................. 7,956,300 7,956,300
GROSS APPROPRIATION...................................... $ 42,825,300 $ 42,825,300
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 42,825,300 42,825,300
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-113. AERONAUTICS SERVICES
Full-time equated classified positions................ 46.0 46.0
Air service program...................................... $ 250,000 $ 250,000
Aviation services-46.0 FTE positions.................... 7,650,000 7,650,000
GROSS APPROPRIATION...................................... $ 7,900,000 $ 7,900,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 7,900,000 7,900,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-114. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions................ 36.0 36.0
Passenger transportation services-36.0 FTE
positions.... $ 6,067,900 $ 6,067,900
GROSS APPROPRIATION...................................... $ 6,067,900 $ 6,067,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 972,100 972,100
Special revenue funds:
Other state restricted revenues......................... 5,095,800 5,095,800
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-115. LOCAL BUS TRANSIT
Local bus operating...................................... $ 196,750,000 $ 196,750,000
Nonurban operating/capital............................... 30,027,900 30,027,900
GROSS APPROPRIATION...................................... $ 226,777,900 $ 226,777,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 28,027,900 28,027,900
Special revenue funds:
Local revenues........................................... 2,000,000 2,000,000
Other state restricted revenues......................... 196,750,000 196,750,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-116. INTERCITY PASSENGER AND FREIGHT
Full-time equated classified positions................ 39.0 39.0
Detroit/Wayne County port authority..................... $ 418,200 $ 418,200
Freight property management.............................. 1,000,000 1,000,000
Intercity services....................................... 9,860,000 7,860,000
Marine passenger service................................. 6,500,000 1,500,000
Office of rail-39.0 FTE positions....................... 6,779,700 6,779,700
Rail operations and infrastructure...................... 97,566,700 85,566,700
GROSS APPROPRIATION...................................... $ 122,124,600 $ 103,124,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 14,500,000 14,500,000
Special revenue funds:
Local revenues........................................... 760,000 760,000
Private revenues......................................... 900,000 900,000
Other state restricted revenues......................... 105,964,600 86,964,600
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-117. PUBLIC TRANSPORTATION DEVELOPMENT
Municipal credit program................................. $ 2,000,000 $ 2,000,000
Service initiatives...................................... 11,475,100 7,589,100
Specialized services..................................... 22,313,900 22,313,900
Transit capital.......................................... 76,784,700 69,670,700
Van pooling.............................................. 195,000 195,000
GROSS APPROPRIATION...................................... $ 112,768,700 $ 101,768,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 26,900,000 26,900,000
Special revenue funds:
Local revenues........................................... 5,760,000 5,760,000
Other state restricted revenues......................... 80,108,700 69,108,700
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-118. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Special maintenance, remodeling and additions........... $ 3,001,500 $ 3,001,500
Salt storage buildings and containment control.......... 2,500,000 2,500,000
GROSS APPROPRIATION...................................... $ 5,501,500 $ 5,501,500
Appropriated
from:
Special revenue funds:
Other state restricted revenues......................... 5,501,500 5,501,500
State general fund/general purpose...................... $ 0 $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection, and improvement
program..... $ 123,684,700 $ 95,723,900
Detroit Metropolitan Wayne County Airport............... 7,670,000 7,930,000
GROSS APPROPRIATION...................................... $ 131,354,700 $ 103,653,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 106,000,000 79,000,000
Special revenue funds:
Local revenues........................................... 12,508,500 12,508,500
Other state restricted revenues......................... 12,846,200 12,145,400
State general fund/general purpose...................... $ 0 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$3,810,731,900.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $2,257,897,700.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF TRANSPORTATION
Grants to regional planning councils................................... $ 488,800 Cities and villages...................................................... 663,624,900
County road commissions................................................ 1,190,263,000
Grants to local programs............................................... 33,000,000
Local bridge program................................................... 28,532,300
Local agency wetlands mitigation....................................... 2,000,000
Movable bridge......................................................... 2,722,100
Rail grade crossing.................................................... 1,500,000
Rail grade crossing - surface improvements............................. 3,000,000
Community service infrastructure fund.................................. 3,000,000
Forest roads............................................................ 5,000,000
Rural county primary................................................... 7,956,300
Rural county urban system.............................................. 2,500,000
Target industries/economic redevelopment............................... 10,175,900
Urban county congestion................................................ 7,956,300
Air service program.................................................... 250,000
Local bus operating.................................................... 196,750,000
Detroit/Wayne County port authority.................................... 418,200
Marine passenger service............................................... 6,000,000
Municipal credit program............................................... 2,000,000
Service initiatives.................................................... 9,500,100
Specialized services................................................... 8,228,900
Transit capital........................................................ 60,184,700
Airport safety, protection, and improvement
program................... 5,176,200
Detroit Metropolitan Wayne County Airport.............................. 7,670,000
TOTAL.................................................................... $ 2,257,897,700
Sec.
19-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
19-203. As used in this article:
(a)
"CTF" means comprehensive transportation fund.
(b)
"Department" means the state transportation department.
(c)
"Director" means the director of the department.
(d)
"DOT" means the United States Department of Transportation.
(e)
"DOT-FHWA" means DOT, Federal Highway Administration.
(f)
"FTE" means full-time equated.
(g)
"IDG" means interdepartmental grant.
(h)
"MTF" means Michigan transportation fund.
(i)
"SAF" means state aeronautics fund.
(j)
"STF" means state trunkline fund.
Sec.
19-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
19-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
19-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
19-209. Not later than 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. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
19-212. Within 14 days after the release of the executive budget recommendation,
the department shall provide to the state budget office information sufficient
to provide the senate and house appropriations chairs, the senate and house
appropriations subcommittees chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the fiscal years ending September 30, 2020 and September 30, 2021.
Sec.
19-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
19-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2021 are estimated at
$73,945,200.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $35,479,800.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$38,465,400.00.
Sec.
19-217. The department shall provide notice to the speaker of the house, the
house minority leader, the senate majority leader, the senate minority leader,
the house and senate standing committees on transportation, the appropriate
house and senate appropriations subcommittees on transportation, and the house
and senate fiscal agencies on proposed federal rule changes related to the
department that would require amendments to the laws of this state. The notice
shall be given within 30 business days of the proposed federal rule being
posted to the federal register and shall include a description of the proposed
federal rule, the publication date, the date when public comment closes, the
document citation, and a description of the statutory changes needed when the
rule is finalized.
DEPARTMENTAL ADMINISTRATION AND
SUPPORT
Sec.
19-301. The department may establish a fee schedule and collect fees sufficient
to cover the costs to issue the permits that the department is authorized by
law to issue upon request, unless otherwise stipulated by law. All permit fees
are nonrefundable application fees and shall be credited to the appropriate
fund to recover the direct and indirect costs of receiving, reviewing, and processing
the requests.
Sec.
19-304. If, as a requirement of bidding on a highway project, the department
requires a contractor to submit financial or proprietary documentation as to
how the bid was calculated, that bid documentation shall be kept confidential
and shall not be disclosed other than to a department representative without
the contractor's written consent. The department may disclose the bid
documentation if necessary to address or defend a claim by a contractor.
Sec.
19-306. (1) The amounts appropriated in part 1 to support tax and fee
collection, law enforcement, and other program services provided to the
department and to transportation funds by other state departments shall be
expended from transportation funds pursuant to annual contracts between the
department and those other state departments. The contracts shall be executed
prior to the expenditure or obligation of those funds. The contracts shall
provide, but are not limited to, the following data applicable to each state
department:
(a)
Estimated costs to be recovered from transportation funds.
(b)
Description of services provided to the department and/or transportation funds
and financed with transportation funds.
(c)
Detailed cost allocation methods appropriate to the type of services being
provided and the activities financed with transportation funds.
(2)
Not later than 2 months after publication of the state of Michigan
comprehensive annual financial report, each state department receiving funding
pursuant to an interdepartment contract with the department shall submit a
written report to the department, the state budget director, the house and
senate fiscal agencies, and the auditor general stating by spending
authorization account the amount of estimated funds contracted with the
department, the amount of funds expended, the amount of funds returned to the
transportation funds, and any unreimbursed transportation-related costs
incurred but not billed to transportation funds.
(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 director, and the house and senate fiscal
agencies its rolling 5-year plan listing by county or by county road commission
all highway construction projects for the fiscal year and all expected projects
for the ensuing fiscal years.
Sec.
19-310. The department shall provide in a timely manner copies of the agenda
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, 2020. With respect to each
department-owned aircraft, the report shall include all of the following:
(a)
Total hours of usage.
(b)
Description of specific flights including dates of travel, names of passengers
including state agency, university, or local government affiliation, travel
origin and destination, and total estimated costs associated with the air
travel.
(2)
The report shall be submitted to the senate and house appropriations
subcommittees on transportation, state budget director, and the house and
senate fiscal agencies no later than February 1, 2021.
(3)
The department shall maintain a system for recovering the cost of operating
department-owned aircraft through charges to aircraft users.
Sec.
19-384. (1) Except as otherwise provided in subsection (2), the department
shall not obligate the state to expend any state transportation revenue for
construction planning or construction of the Gordie Howe International Crossing
or a renamed successor. In addition, except as provided in subsection (2), the
department shall not commit the state to any new contract related to the
construction planning or construction of the Gordie Howe International Crossing
or a renamed successor that would obligate the state to expend any state
transportation revenue. An expenditure for staff resources used in connection
with project activities, which expenditure is subject to full and prompt reimbursement
from Canada, shall not be considered an expenditure of state transportation
revenue.
(2)
If the legislature enacts specific enabling legislation for the construction of
the Gordie Howe International Crossing or a renamed successor, subsection (1) does
not apply once the enabling legislation goes into effect.
Sec.
19-385. (1) The department shall submit monthly reports to the state budget
director, the speaker of the house of representatives, the house of
representatives minority leader, the senate majority leader, the senate
minority leader, the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies on all of the
following:
(a)
All expenditures made by the state related to the Gordie Howe Bridge.
(b)
All reimbursements made by Canada under section 384(1) of this part to the
state for expenditures for staff resources used in connection with project
activities.
(2)
The initial report required under subsection (1) shall be submitted on or
before December 1, 2020. The initial report shall cover the fiscal year ending
September 30, 2020.
Sec.
19-395. From the funds appropriated in part 1 for state trunkline federal aid
road and bridge construction, the department may expend up to $10,000,000.00 on
highway maintenance activities to support safety-related, high-priority, and
other deferred routine maintenance needs on Michigan's state trunkline network.
Sec.
19-398. The department shall continue to work to eliminate fatalities and
serious injuries on Michigan's trunkline network and shall maintain the Toward
Zero Deaths statewide safety campaign. The department shall prioritize
additional median cable guardrail installation when appropriate to address
trunkline locations with a history of correctable fatal and serious injury
crashes.
FEDERAL
Sec.
19-402. A portion of the federal DOT-FHWA highway research, planning, and
construction funds made available to this state shall be allocated to
transportation programs administered by local jurisdictions in accordance with
section 10o of 1951 PA 51, MCL 247.660o. A local road agency, with respect to a
project approved for federal aid funding in a state transportation improvement
program, may enter into a voluntary buyout agreement with the department or
with another local road agency to exchange the federal aid with state
restricted transportation funds as agreed to by the respective parties. The
state restricted transportation funds received in exchange for federal aid
funds shall be used for the same purpose as the federal aid funds were
originally intended.
MICHIGAN TRANSPORTATION FUND
Sec.
19-501. The money received under the motor carrier act, 1933 PA 254, MCL 475.1
to 479.42, and not appropriated to the department of licensing and regulatory
affairs or the department of state police is deposited in the Michigan
transportation fund.
Sec.
19-503. (1) 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.
TRANSIT AND RAIL RELATED FUNDS
Sec.
19-701. The department shall establish an intercity bus equipment and facility
fund as a subsidiary fund within the comprehensive transportation fund created
under section 10b of 1951 PA 51, MCL 247.660b. Proceeds received by this state
from the sale of state-owned intercity bus equipment shall be credited to the
intercity bus equipment and facility fund for the purchase and repair of
intercity bus equipment, as appropriated. Security deposits not returned to a
lessee of state-owned intercity bus equipment under terms of the lease
agreement shall be credited to the intercity bus equipment and facility fund
for the repair of intercity bus equipment, as appropriated. Money received by
the department from lease payments for state-owned intercity bus equipment, and
facility maintenance charges under terms of leases of state-owned intercity
facilities, shall be credited to the intercity bus equipment and facility fund
for the purchase and repair of intercity bus equipment or for the maintenance
and rehabilitation of state-owned intercity facilities, as appropriated. At the
close of the fiscal year, any funds remaining in the intercity bus equipment
and facility fund shall remain in the fund and be carried forward into the
succeeding fiscal year.
Sec.
19-702. Money that is received by this state as repayment for loans made for
rail or water freight capital projects, and as a result of the sale of property
or equipment used or projected to be used for rail or water freight projects
shall be deposited in the rail freight fund created by section 17 of the state
transportation preservation act of 1976, 1976 PA 295, MCL 474.67. At the close
of the fiscal year, any funds remaining in the rail freight fund shall remain
in the fund and be carried forward into the succeeding fiscal year.
Sec.
19-706. The Detroit/Wayne County Port Authority shall issue a complete
operations assessment and a financial disclosure statement. The operations
assessment shall include operational goals for the next 5 years and
recommendations to improve land acquisition and development efficiency. The
report shall be completed and submitted to the house of representatives and
senate appropriations subcommittees on transportation, the state budget
director, and the house and senate fiscal agencies by June 30 of each fiscal
year for the prior fiscal year.
Sec.
19-735. For the fiscal year ending September 30, 2021, 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 of this part for capital
outlay, at the close of the fiscal year, any unobligated and unexpended balance
in the state aeronautics fund created in the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.1 to 259.208, shall lapse to the state
aeronautics fund and be appropriated by the legislature in the immediately
succeeding fiscal year.
CAPITAL OUTLAY
Sec.
19-901. (1) From federal-state-local project appropriations contained in part 1
for the purpose of assisting political entities and subdivisions of this state
in the construction and improvement of publicly used airports and landing
fields within this state, the state transportation department may permit the
award of contracts on behalf of units of local government for the authorized
locations not to exceed the indicated amounts, of which the state allocated
portion shall not exceed the amount appropriated in part 1.
(2)
Political entities and subdivisions shall provide not less than 5% of the cost
of any project under this section, unless a total nonfederal share less than
10% is otherwise specified in federal law. State money shall not be allocated
until local money is allocated. State money for any 1 project shall not exceed
1/3 of the total appropriation in part 1 from state funds for airport
improvement programs.
(3)
The Michigan aeronautics commission may take those steps necessary to match
federal money available for airport construction and improvement within this
state and to meet the matching requirements of the federal government. Whether
acting alone or jointly with another political subdivision or public agency or
with this state, a political subdivision or public agency of this state shall
not submit to any agency of the federal government a project application for
airport planning or development unless it is authorized in this part and part 1
and the project application is approved by the governing body of each political
subdivision or public agency making the application and by the Michigan
aeronautics commission.
Sec.
19-903. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with the provisions of section
248 of the management and budget act, 1984 PA 431, MCL 18.1248.
Article 20
DEPARTMENT OF TREASURY
PART 1
LINE-ITEM
APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec.
20-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of treasury are appropriated for the fiscal
year ending September 30, 2021, and are anticipated to be appropriated for the
fiscal year ending September 30, 2022, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations
in this part:
DEPARTMENT OF TREASURY
APPROPRIATION
SUMMARY
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 1,924.5 1,924.5
GROSS APPROPRIATION...................................... $ 2,184,783,800 $ 2,178,234,400
Total interdepartmental grants and
interdepartmental
transfers.............................................. 13,112,800 13,112,800
ADJUSTED GROSS APPROPRIATION............................ $ 2,171,671,000 $ 2,165,121,600
Total federal revenues................................... 27,421,800 27,421,800
Total local revenues..................................... 13,059,500 13,059,500
Total private revenues................................... 27,500 27,500
Total other state restricted revenues................... 1,865,325,900 1,898,776,500
State general fund/general purpose...................... $ 265,836,300 $ 225,836,300
State general fund/general purpose
schedule:
Ongoing state general fund/general purpose........... 225,836,300 225,836,300
One-time state general fund/general purpose.......... 40,000,000 0
Sec. 20-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 442.5 442.5
Unclassified salaries-10.0 FTE positions................ $ 1,093,700 $ 1,093,700
Department services-75.0 FTE positions.................. 9,386,000 9,386,000
Executive direction and operations-64.5 FTE
positions... 9,382,300 9,382,300
Office of accounting services-29.0 FTE
positions........ 3,551,900 3,551,900
Collections services bureau-206.0 FTE
positions......... 30,117,100 30,117,100
Office of financial services-40.0 FTE
positions......... 5,066,300 5,066,300
Property management...................................... 6,926,300 6,926,300
Unclaimed property-28.0 FTE positions................... 5,019,700 5,019,700
Worker's compensation.................................... 53,200 53,200
GROSS APPROPRIATION...................................... $ 70,596,500 $ 70,596,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human
services........ 807,500 807,500
IDG from other restricted funding....................... 8,994,800 8,994,800
Federal revenues:
Other federal revenues................................... 1,017,700 1,017,700
Special revenue funds:
Other state restricted revenues......................... 46,817,100 46,817,100
State general fund/general purpose...................... $ 12,959,400 $ 12,959,400
Sec. 20-103. LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions................ 106.0 106.0
Local finance-18.0 FTE positions........................ $ 2,487,600 $ 2,487,600
Michigan infrastructure council-3.0 FTE
positions....... 860,000 860,000
Property tax assessor training-1.0 FTE
position......... 1,048,400 1,048,400
Supervision of the general property tax
law-84.0 FTE
positions.............................................. 19,274,200 19,274,200
GROSS APPROPRIATION...................................... $ 23,670,200 $ 23,670,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 250,000 250,000
Special revenue funds:
Local revenues........................................... 1,793,300 1,793,300
Other state restricted revenues......................... 4,198,700 4,198,700
State general fund/general purpose...................... $ 17,428,200 $ 17,428,200
Sec. 20-104. TAX PROGRAMS
Full-time equated classified positions................ 753.0 753.0
Bottle act implementation................................ $ 250,000 $ 250,000
Home heating assistance.................................. 3,099,200 3,099,200
Insurance provider assessment program-13.0 FTE
positions.............................................. 2,190,000 2,190,000
Office of revenue and tax analysis-21.0 FTE
positions... 4,011,800 4,011,800
Tax and economic policy-43.0 FTE positions.............. 9,141,500 9,141,500
Tax compliance-318.0 FTE positions...................... 45,817,800 45,817,800
Tax processing-347.0 FTE positions...................... 42,813,800 42,813,800
Tobacco tax enforcement-11.0 FTE positions.............. 1,598,900 1,598,900
GROSS APPROPRIATION...................................... $ 108,923,000 $ 108,923,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 2,438,900 2,438,900
Federal revenues:
Other federal revenues................................... 3,099,200 3,099,200
Special revenue funds:
Other state restricted revenues......................... 83,236,300 83,236,300
State general fund/general purpose...................... $ 20,148,600 $ 20,148,600
Sec. 20-105. FINANCIAL PROGRAMS
Full-time equated classified positions................ 167.0 167.0
State and authority finance-19.0 FTE positions.......... $ 4,554,700 $ 4,554,700
Dual enrollment payments................................. 2,007,600 2,007,600
Investments-81.0 FTE positions.......................... 21,954,300 21,954,300
John R. Justice grant program........................... 288,100 288,100
Student financial assistance programs-67.0 FTE
positions.............................................. 25,221,700 25,221,700
GROSS APPROPRIATION...................................... $ 54,026,400 $ 54,026,400
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 212,900 212,900
Federal revenues:
Other federal revenues................................... 22,663,500 22,663,500
Special revenue funds:
Michigan merit award trust fund......................... 1,220,000 1,220,000
Other state restricted revenues......................... 25,882,100 25,882,100
State general fund/general purpose...................... $ 4,047,900 $ 4,047,900
Sec. 20-106. DEBT SERVICE
Clean Michigan initiative................................ $ 49,514,000 $ 49,514,000
Great Lakes water quality bond.......................... 47,600,000 47,600,000
Quality of life bond..................................... 16,621,000 16,621,000
GROSS APPROPRIATION...................................... $ 113,735,000 $ 113,735,000
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 113,735,000 $ 113,735,000
Sec. 20-107. GRANTS
Convention facility development distribution............ $ 107,887,900 $ 112,002,400
Emergency 911 payments................................... 48,800,000 48,800,000
Health and safety fund grants........................... 1,500,000 1,500,000
Recreational marihuana grants........................... 36,900,000 46,200,000
Senior citizen cooperative housing tax
exemption
program................................................ 11,271,700 11,271,700
Wrongful imprisonment compensation fund................. 5,000,000 5,000,000
GROSS APPROPRIATION...................................... $ 211,359,600 $ 224,774,100
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 195,087,900 208,502,400
State general fund/general purpose...................... $ 16,271,700 $ 16,271,700
Sec. 20-108. BUREAU OF STATE LOTTERY
Full-time equated classified positions................ 200.0 200.0
Lottery information technology services and
projects.... $ 5,383,400 $ 5,383,400
Lottery operations-200.0 FTE positions.................. 28,157,400 28,157,400
GROSS APPROPRIATION...................................... $ 33,540,800 $ 33,540,800
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 33,540,800 33,540,800
State general fund/general purpose...................... $ 0 $ 0
Sec. 20-109. MICHIGAN GAMING CONTROL BOARD
Full-time equated classified positions................ 181.0 181.0
Gaming control administration-151.0 FTE
positions....... $ 31,905,800 $ 31,905,800
Gaming control information technology services
and
projects............................................... 3,486,200 3,486,200
Horse racing-10.0 FTE positions......................... 2,104,200 2,104,200
Michigan gaming control board........................... 50,000 50,000
Millionaire party regulation-20.0 FTE
positions......... 3,110,700 3,110,700
GROSS APPROPRIATION...................................... $ 40,656,900 $ 40,656,900
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 40,656,900 40,656,900
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............................ 15,305,600 15,305,600
GROSS APPROPRIATION...................................... $ 27,351,600 $ 27,351,600
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...................... $ 21,991,200 $ 21,991,200
Sec. 20-111. REVENUE SHARING
City, village, and township revenue sharing............. $ 267,550,200 $ 267,550,200
Constitutional state general revenue sharing
grants..... 902,628,100 926,689,200
County incentive program................................. 43,329,300 43,329,300
County revenue sharing................................... 188,863,300 188,863,300
Financially distressed cities, villages, or
townships... 2,500,000 2,500,000
GROSS APPROPRIATION...................................... $ 1,404,870,900 $ 1,428,932,000
Appropriated from:
Special revenue funds:
Sales tax................................................ 1,404,870,900 1,428,932,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 20-112. STATE BUILDING AUTHORITY
Full-time equated classified positions................ 3.0 3.0
State building authority-3.0 FTE positions.............. $ 756,700 $ 756,700
GROSS APPROPRIATION...................................... $ 756,700 $ 756,700
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 756,700 756,700
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....... $ 10,010,200 $ 10,010,200
GROSS APPROPRIATION...................................... $ 10,010,200 $ 10,010,200
Appropriated from:
Special revenue funds:
Local revenues........................................... 10,010,200 10,010,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 20-114. INFORMATION TECHNOLOGY
Treasury operations information technology
services
and projects........................................... $ 41,261,000 $ 41,261,000
GROSS APPROPRIATION...................................... $ 41,261,000 $ 41,261,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 408,700 408,700
Federal revenues:
Other federal revenues................................... 641,400 641,400
Special revenue funds:
Local revenues........................................... 1,256,000 1,256,000
Other state restricted revenues......................... 19,700,600 19,700,600
State general fund/general purpose...................... $ 19,254,300 $ 19,254,300
Sec. 20-115. ONE-TIME APPROPRIATIONS
Gaming - case handling and information
processing
system................................................. $ 4,025,000 $ 0
Local climate resilient infrastructure grants........... 40,000,000 0
GROSS APPROPRIATION...................................... $ 44,025,000 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 4,025,000 0
State general fund/general purpose...................... $ 40,000,000 $ 0
PART 2
PROVISIONS
CONCERNING APPROPRIATIONS
FISCAL
YEAR 2021
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 fiscal year 2021 is
$2,131,162,200.00 and state spending from state resources to be paid to local
units of government for fiscal year 2021 is $1,682,782,100.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF TREASURY
Convention facility development distribution........................... $ 107,887,900
Emergency 911 payments................................................. 26,000,000
Health and safety fund grants.......................................... 1,500,000
Recreational marihuana grants.......................................... 36,900,000
Senior citizen cooperative housing tax
exemption program.............. 11,271,700
Commercial forest reserve.............................................. 3,368,100
Purchased lands........................................................ 8,677,900
Swamp and tax reverted lands........................................... 15,305,600
City, village, and township revenue sharing............................ 267,550,200
Constitutional state general revenue sharing
grants................... 902,628,100
County incentive program............................................... 43,329,300
County revenue sharing................................................. 188,863,300
Financially distressed cities, villages, or
townships................. 2,500,000
Local climate resilient infrastructure grants.......................... 40,000,000
Airport parking distribution........................................... 27,000,000
TOTAL.................................................................... $ 1,682,782,100
Sec.
20-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
20-203. As used in this article:
(a)
"Department" means the department of treasury.
(b)
"Director" means the director of the department.
(c)
"FTE" means full-time equated.
(d)
"IDG" means interdepartmental grant.
(e)
"JCOS" means the joint capital outlay subcommittee.
(f)
"MEGA" means the Michigan Economic Growth Authority.
(g)
"RFP" means a request for a proposal.
Sec.
20-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement 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. To the extent permissible under MCL 18.1261:
(a)
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available.
(b)
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality.
(c)
In addition, preference should be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec.
20-206. To the extent permissible under the management and budget act, the
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. 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. For purposes of implementing MCL 18.1217, the departments and agencies
receiving appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a)
The dates of each travel occurrence.
(b)
The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec.
20-208. Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec.
20-209. Not later than 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. From the funds appropriated in part 1, the department shall provide to
the department of technology, management and budget information sufficient to
maintain a searchable website accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a)
Fiscal year-to-date expenditures by category.
(b)
Fiscal year-to-date expenditures by appropriation unit.
(c)
Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d)
The number of active department employees by job classification.
(e)
Job specifications and wage rates.
Sec.
20-212. Within 14 days after the release of the executive budget
recommendation, the department shall provide to the state budget office
information sufficient to provide the senate and house appropriations chairs,
the senate and house appropriations subcommittees chairs, and the senate and
house fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2020 and September 30,
2021.
Sec.
20-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks, and regularly updates key metrics
that are used to monitor and improve the department's performance.
Sec.
20-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2021 are $46,453,600.00.
From this amount, total agency appropriations for pension-related legacy costs
are estimated at $22,289,000.00. Total agency appropriations for retiree health
care legacy costs are estimated at $24,164,600.00.
Sec.
20-215. Funds appropriated in part 1 shall not be used by this state, a
department, an agency, or an authority of this state to purchase an ownership
interest in a casino enterprise or a gambling operation as those terms are
defined in the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201
to 432.226.
DEPARTMENT OF TREASURY OPERATIONS
Sec.
20-902. (1) Amounts needed to pay for interest, fees, principal, mandatory and
optional redemptions, arbitrage rebates as required by federal law, and costs
associated with the payment, registration, trustee services, credit
enhancements, and issuing costs in excess of the amount appropriated to the
department in part 1 for debt service on notes and bonds that are issued by the
state under sections 14, 15, and 16 of article IX of the state constitution of
1963 as implemented by 1967 PA 266, MCL 17.451 to 17.455, are appropriated.
(2)
In addition to the amount appropriated to the department for debt service in
part 1, there is appropriated an amount for fiscal year cash-flow borrowing
costs to pay for interest on interfund borrowing made under 1967 PA 55, MCL
12.51 to 12.53.
(3)
In addition to the amount appropriated to the department for debt service in
part 1, there is appropriated all repayments received by the state on loans
made from the school bond loan fund not required to be deposited in the school
loan revolving fund by or pursuant to section 4 of 1961 PA 112, MCL 388.984, to
the extent determined by the state treasurer, for the payment of debt service,
including, without limitation, optional and mandatory redemptions, on bonds,
notes or commercial paper issued by the state pursuant to 1961 PA 112, MCL
388.981 to 388.985.
Sec.
20-902a. The department shall notify the senate and house of representatives
standing committees on appropriations, the chairpersons of the relevant
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget office not more than 30 days after a refunding or restructuring
bond issue is sold. The notification shall compare the annual debt service
prior to the refinancing or restructuring, the annual debt service after the
refinancing or restructuring, the change in the principal and interest over the
duration of the debt, and the projected change in the present value of the debt
service due to the refinancing and restructuring.
Sec.
20-902b. The department shall report by February 1 to the chairpersons of the
senate and house of representatives appropriations subcommittees on general
government, the house and senate fiscal agencies, and the state budget office
on all funds that are controlled or administered by the department and not
appropriated in part 1. This notification can be completed electronically and
the department must notify the recipients when the report is publicly
available. Both the current and any previous reports required under this
section shall be saved and publicly available on the department's public internet
website and stored in a common location with all other statutory and
boilerplate required reports. The link to the location of the reports shall be
clearly indicated on the main page of the department's internet website. The
report shall include all of the following information:
(a)
The starting balance for each fund from the previous fiscal year.
(b)
Total revenue generated by both transfers in and investments for each fund in
the previous fiscal year.
(c)
Total expenditures for each fund in the previous fiscal year.
(d)
The ending balance for each fund for the previous fiscal year.
Sec.
20-903. (1) From the funds appropriated in part 1, the department may contract
with private collection agencies and law firms to collect taxes and other
accounts due this state. In addition to the amounts appropriated in part 1 to
the department, there are appropriated amounts necessary to fund collection
costs and fees not to exceed 25% of the collections or 2.5% plus operating
costs, whichever amount is prescribed by each contract. The appropriation to
fund collection costs and fees for the collection of taxes or other accounts
due this state are from the fund or account to which the revenues being
collected are recorded or dedicated. However, if the taxes collected are
constitutionally dedicated for a specific purpose, the appropriation of
collection costs and fees are from the general purpose account of the general
fund.
(2)
From the funds appropriated in part 1, the department may contract with private
collections agencies and law firms to collect defaulted student loans and other
accounts due the Michigan guaranty agency. In addition to the amounts
appropriated in part 1 to the department, there are appropriated amounts
necessary to fund collection costs and fees not to exceed 24.34% of the
collection or a lesser amount as prescribed by the contract. The appropriation
to fund collection costs and fees for the auditing and collection of defaulted
student loans due the Michigan guaranty agency is from the fund or account to
which the revenues being collected are recorded or dedicated.
(3)
The department shall submit a report for the immediately preceding fiscal year
ending September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations, and the chairpersons of
the relevant appropriations subcommittees, not later than November 30 stating
the agencies or law firms employed, the amount of collections for each, the
costs of collection, and other pertinent information relating to determining
whether this authority should be continued.
(4)
As a condition of receiving funds appropriated in part 1 for collection
services, the department shall issue an RFP for secondary placement collection
services if RFPs are issued for primary collection services. The RFP shall
allow for a multiple collection contract approach. It shall also allow a bidder
to bid on the entire contract, or for individual components of the contract.
Sec.
20-904. (1) The department, through its bureau of investments, may charge an
investment service fee against the applicable retirement funds. The fees may be
expended for necessary salaries, wages, contractual services, supplies,
materials, equipment, travel, worker's compensation insurance premiums, and
grants to the civil service commission and state employees' retirement funds.
Service fees shall not exceed the aggregate amount appropriated in part 1. The
department shall maintain accounting records in sufficient detail to enable the
retirement funds to be reimbursed periodically for fee revenue that is
determined by the department to be surplus.
(2)
In addition to the funds appropriated in part 1 from the retirement funds to
the department, there is appropriated from retirement funds an amount sufficient
to pay for the services of money managers, investment advisors, investment
consultants, custodians, and other outside professionals, the state treasurer
considers necessary to prudently manage the retirement funds' investment
portfolios. The department shall report annually to the senate and house of
representatives standing committees on appropriations, the chairpersons of the
relevant appropriations subcommittees, and the state budget office concerning
the performance of each portfolio by investment advisor.
Sec.
20-904a. (1) There is appropriated an amount sufficient to recognize and pay
expenditures for financial services provided by financial institutions or
equivalent vendors that perform these services including treasury as provided
under section 1 of 1861 PA 111, MCL 21.181.
(2)
The appropriations under subsection (1) shall be funded by restricting revenues
from common cash interest earnings and investment earnings in an amount
sufficient to record these expenditures. If the amounts of common cash interest
earnings are insufficient to cover these costs, then miscellaneous revenues
shall be used to fund the remaining balance of these expenditures.
Sec.
20-905. A revolving fund known as the municipal finance fee fund is created in
the department. Fees are established under the revised municipal finance act,
2001 PA 34, MCL 141.2101 to 141.2821, and the fees collected shall be credited
to the municipal finance fee fund and may be carried forward for future
appropriation.
Sec.
20-906. (1) The department shall charge for audits as permitted by state or
federal law or under contractual arrangements with local units of government,
other principal executive departments, or state agencies. However, the charge
shall not be more than the actual cost for performing the audit. A report
detailing audits performed and audit charges for the immediately preceding
fiscal year shall be submitted to the state budget director, the chairpersons
of the relevant appropriations subcommittees, and the senate and house fiscal
agencies not later than November 30.
(2)
A revolving fund known as the audit charges fund is created in the department.
The contractual charges collected shall be credited to the audit charges fund
and may be carried forward for future appropriation.
Sec.
20-907. A revolving fund known as the assessor certification and training fund
is created in the department. The assessor certification and training fund
shall be used to organize and operate a property assessor certification and
training program. Each participant certified and trained shall pay to the
department examination fees not to exceed $50.00 per examination and
certification fees not to exceed $175.00. Training courses shall be offered in
assessment administration. Each participant shall pay a fee to cover the
expenses incurred in offering the optional programs to certified assessing
personnel and other individuals interested in an assessment career opportunity.
The fees collected shall be credited to the assessor certification and training
fund.
Sec.
20-908. The amount appropriated in part 1 for the home heating assistance
program is to cover the costs, including data processing, of administering
federal home heating credits to eligible claimants and to administer the
supplemental fuel cost payment program for eligible tax credit and welfare
recipients.
Sec.
20-909. Revenue from the airport parking tax act, 1987 PA 248, MCL 207.371 to
207.383, is appropriated and shall be distributed under section 7a of the
airport parking tax act, 1987 PA 248, MCL 207.377a.
Sec.
20-910. The disbursement by the department from the bottle deposit fund to
dealers as required by section 3c(2) of 1976 IL 1, MCL 445.573c, is
appropriated.
Sec.
20-911. There is appropriated an amount sufficient to recognize and pay
refundable income tax credits as provided by law.
Sec.
20-912. A plaintiff in a garnishment action involving this state shall pay to
the state treasurer 1 of the following:
(a)
A fee of $6.00 at the time a writ of garnishment of periodic payments is served
upon the state treasurer, as provided in section 4012 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.4012.
(b)
A fee of $6.00 at the time any other writ of garnishment is served upon the
state treasurer, except that the fee shall be reduced to $5.00 for each writ of
garnishment for individual income tax refunds or credits filed by magnetic
media.
Sec.
20-913. (1) The department may contract with private firms to appraise and, if
necessary, appeal the assessments of senior citizen cooperative housing units.
Payment for this service shall be from savings resulting from the appraisal or
appeal process.
(2)
Of the funds appropriated in part 1 to the department for the senior citizens'
cooperative housing tax exemption program, a portion may be utilized for a
program audit of the program. The department shall forward copies of any audit
report completed to the senate and house of representatives standing committees
on appropriations subcommittees on general government and to the state budget
office. The department may utilize up to 1% of the funds for program
administration and auditing.
Sec.
20-914. The department may provide a $200.00 annual prize from the Ehlers
internship award account in the gifts, bequests, and deposit fund to the runner-up
of the Rosenthal prize for interns. The Ehlers internship award account is
interest bearing.
Sec.
20-915. Pursuant to section 61 of the Michigan campaign finance act, 1976 PA
388, MCL 169.261, there is appropriated from the general fund to the state
campaign fund an amount equal to the amounts designated for tax year 2018.
Except as otherwise provided in this section, the amount appropriated shall not
revert to the general fund and shall remain in the state campaign fund. Any
amounts remaining in the state campaign fund in excess of $10,000,000.00 on
December 31 shall revert to the general fund.
Sec.
20-916. The department may make available to interested entities otherwise
unavailable customized unclaimed property listings of nonconfidential information
in its possession. The charge for this information is as follows: 1 to 100,000
records at 2.5 cents per record and 100,001 or more records at .5 cents per
record. The revenue received from this service shall be deposited to the
appropriate revenue account or fund. The department shall submit an annual
report on or before June 1 to the state budget director and the senate and
house of representatives standing committees on appropriations that states the
amount of revenue received from the sale of information.
Sec.
20-917. (1) There is appropriated for write-offs and advances an amount equal
to total write-offs and advances for departmental programs, but not to exceed
current year authorizations that would otherwise lapse to the general fund.
(2)
The department shall submit a report for the immediately preceding fiscal year
to the state budget director, the chairpersons of the relevant appropriations
subcommittees, and the senate and house fiscal agencies not later than November
30 stating the amounts appropriated for write-offs and advances under
subsection (1) and an explanation for each write-off or advance that occurred.
Sec.
20-919. (1) From funds appropriated in part 1, the department may contract with
private auditing firms to audit for and collect unclaimed property due this
state in accordance with the uniform unclaimed property act, 1995 PA 29, MCL
567.221 to 567.265. In addition to the amounts appropriated in part 1 to the
department, there are appropriated amounts necessary to fund auditing and
collection costs and fees not to exceed 12% of the collections, or a lesser
amount as prescribed by the contract. The appropriation to fund collection
costs and fees for the auditing and collection of unclaimed property due this
state is from the fund or account to which the revenues being collected are
recorded or dedicated.
(2)
The department shall submit a report for the immediately preceding fiscal year
ending September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations, and the chairpersons of
the relevant appropriations subcommittees not later than November 30 stating
the auditing firms employed, the amount of collections for each, the costs of
collection, and other pertinent information relating to determining whether
this authority should be continued.
Sec.
20-920. The department shall produce a listing of all personal property tax
reimbursement payments to be distributed in the current fiscal year by the
local community stabilization authority and shall post the list of payments on
the department website by June 30.
Sec.
20-924. (1) In addition to the funds appropriated in part 1, the department may
receive and expend principal residence audit fund revenue for administration of
principal residence audits under the general property tax act, 1893 PA 206, MCL
211.1 to 211.155.
(2)
The department shall submit a report for the immediately preceding fiscal year
to the state budget director, the chairpersons of the relevant appropriations subcommittees,
and the senate and house fiscal agencies not later than December 31 stating the
amount of exemptions denied and the revenue received under the program.
Sec.
20-927. The department shall submit annual progress reports to the senate and
house of representatives standing committees on appropriations subcommittees on
general government and the senate and house fiscal agencies, regarding
essential service assessment audits. The report shall include the number of
audits, revenue generated, and number of complaints received by the department
related to the audits.
Sec.
20-928. The department may provide receipt, check and cash processing, data,
collection, investment, fiscal agent, levy and check cost assessment, writ of
garnishment, and other user services on a contractual basis for other principal
executive departments and state agencies. Funds for the services provided are
appropriated and shall be expended for salaries and wages, fees, supplies, and
equipment necessary to provide the services. Any unobligated balance of the
funds received shall revert to the general fund of this state as of September
30.
Sec.
20-930. (1) The department shall provide accounts receivable collections
services to other principal executive departments and state agencies under 1927
PA 375, MCL 14.131 to 14.134. The department shall deduct a fee equal to the
cost of collections from all receipts except unrestricted general fund
collections. Fees shall be credited to a restricted revenue account and
appropriated to the department to pay for the cost of collections. The
department shall maintain accounting records in sufficient detail to enable the
respective accounts to be reimbursed periodically for fees deducted that are
determined by the department to be surplus to the actual cost of collections.
(2)
The department shall submit a report for the immediately preceding fiscal year to
the state budget director, the chairpersons of the relevant appropriations
subcommittees, and the senate and house fiscal agencies not later than November
30 stating the principal executive departments and state agencies served, funds
collected, and costs of collection under subsection (1).
Sec.
20-931. (1) The appropriation in part 1 to the department for treasury fees
shall be assessed against all restricted funds that receive common cash
earnings or other investment income. Treasury fees include all costs, including
administrative overhead, relating to the investment of each restricted fund.
The fee assessed against each restricted fund will be based on the size of the
restricted fund (the absolute value of the average daily cash balance plus the
market value of investments in the prior fiscal year) and the level of effort
necessary to maintain the restricted fund as required by each department. The
department shall provide a report to the state budget office, the senate and
house of representatives standing committees on appropriations subcommittees on
general government, and the senate and house fiscal agencies by November 30 of
each year identifying the fees assessed against each restricted fund and the
methodology used for assessment.
(2)
In addition to the funds appropriated in part 1, the department may receive and
expend investment fees relating to new restricted funding sources that
participate in common cash earnings or other investment income during the
current fiscal year. When a new restricted fund is created starting on or after
October 1, that restricted fund shall be assessed a fee using the same criteria
identified in subsection (1).
Sec.
20-932. Revenue received under the Michigan education trust act, 1986 PA 316,
MCL 390.1421 to 390.1442, may be expended by the board of directors of the
Michigan education trust for necessary salaries, wages, supplies, contractual
services, equipment, worker's compensation insurance premiums, and grants to
the civil service commission and state employees' retirement fund.
Sec.
20-934. The department may expend revenues received under the hospital finance
authority act, 1969 PA 38, MCL 331.31 to 331.84, the shared credit rating act,
1985 PA 227, MCL 141.1051 to 141.1076, the higher education facilities authority
act, 1969 PA 295, MCL 390.921 to 390.934, the Michigan public educational
facilities authority, Executive Reorganization Order No. 2002-3, MCL 12.192,
the Michigan tobacco settlement finance authority act, 2005 PA 226, MCL 129.261
to 129.279, the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774,
part 505 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.50501 to 324.50522, the state housing development authority act of
1966, 1966 PA 346, MCL 125.1401 to 125.1499c, and the Michigan finance
authority, Executive Reorganization Order No. 2010-2, MCL 12.194, for necessary
salaries, wages, supplies, contractual services, equipment, worker's
compensation insurance premiums, grants to the civil service commission and
state employees' retirement fund, and other expenses as allowed under those
acts.
Sec.
20-935. The funds appropriated in part 1 for dual enrollment payments for an
eligible student enrolled in a state-approved nonpublic school shall be
distributed as provided under the postsecondary enrollment options act, 1996 PA
160, MCL 388.511 to 388.524, and the career and technical preparation act, 2000
PA 258, MCL 388.1901 to 388.1913, in a form and manner as determined by the
department.
Sec.
20-937. The department shall submit a report to the state budget director, the
senate and house standing committees on appropriations, the chairpersons of the
relevant appropriations subcommittees, and the senate and house fiscal agencies
not later than March 31 regarding the performance of the Michigan accounts
receivable collections system. The report shall include, but is not limited to:
(a)
Information regarding the effectiveness of the department's current collection
strategies, including use of vendors or contractors.
(b)
The amount of delinquent accounts and collection referrals to vendors and
contractors.
(c)
The liquidation rates for declining delinquent accounts.
(d)
The profile of uncollected delinquent accounts, including specific uncollected
amounts by category.
(e)
The department's strategy to manage delinquent accounts once those accounts
exceed the vendor's or contractor's contracted collectible period.
(f)
A summary of the strategies used in other states, including, but not limited
to, secondary placement services, and assessing the benefits of those
strategies.
Sec.
20-941. (1) The department, in conjunction with the Michigan strategic fund,
shall report to the senate and house of representatives standing committees on
appropriations, the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director by November 1 on the annual cost of the Michigan economic growth
authority tax credits. The report shall include for each year the
board-approved credit amount, adjusted for credit amendments where applicable,
and the actual and projected value of tax credits for each year from 1995 to
the expiration of the credit program. For years for which credit claims are
complete, the report shall include the total of actual certificated credit
amounts. For years for which claims are still pending or not yet submitted, the
report shall include a combination of actual credits where available and
projected credits. Credit projections shall be based on updated estimates of
employees, wages, and benefits for eligible companies.
(2)
In addition to the report under subsection (1), the department, in conjunction
with the Michigan strategic fund, shall report to the senate and house of
representatives standing committees on appropriations, the relevant senate and
house of representatives appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director by November 1 on the annual cost
of all other certificated credits by program, for each year until the credits
expire or can no longer be collected. The report shall include estimates on the
brownfield redevelopment credit, film credits, MEGA photovoltaic technology
credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery
credit, and other certificated credits.
Sec.
20-944. If the department hires a pension plan consultant using any of the
funds appropriated in part 1, the department shall retain any report provided
to the department by that consultant, notify the senate and house of
representatives appropriations subcommittees on general government, the senate
and house fiscal agencies, and the state budget director, and shall make that
report available upon request to the senate and house of representatives
standing committees on appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget director. A rationale
for retention of a pension plan consultant shall be included in the
notification of retention.
Sec.
20-946. Revenue collected in the convention facility development fund is
appropriated and shall be distributed under sections 8, 9, and 10 of the state
convention facility development act, 1985 PA 106, MCL 207.628, 207.629, and
207.630.
Sec.
20-949. (1) From the funds appropriated in part 1, the department may contract
with private agencies to prevent the disbursement of fraudulent tax refunds. In
addition to the amounts appropriated in part 1 to the department, there are
appropriated amounts necessary to pay contract costs or fund operations
designed to reduce fraudulent income tax refund payments not to exceed
$1,500,000.00 of the refunds identified as potentially fraudulent and for which
payment of the refund is denied. The appropriation to fund fraud prevention
efforts is from the fund or account to which the revenues being collected are
recorded or dedicated.
(2)
The department shall submit a report for the immediately preceding fiscal year
ending September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations, and the chairpersons of
the relevant appropriations subcommittees not later than November 30 stating
the number of refund claims denied due to the fraud prevention operations, the amount
of refunds denied, the costs of the fraud prevention operations, and other
pertinent information relating to determining whether this authority should be
continued.
Sec.
20-949d. (1) From the funds appropriated in part 1 for financial review commission,
the department shall continue financial review commission efforts in the
current fiscal year. The purpose of the funding is to cover ongoing costs
associated with the operation of the commission.
(2)
The department shall identify specific outcomes and performance measures for
this initiative, including, but not limited to, the department's ability to
perform a critical fiscal review to ensure the city of Detroit does not reenter
distress following its exit from bankruptcy and to ensure that the community
district does not enter distress and maintains a balanced budget.
(3)
The department must submit a report to the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget office by March 15. The report must describe the specific
outcomes and measures required in subsection (1) and provide the results and
data related to these outcomes and measures.
Sec.
20-949e. From the funds appropriated in part 1 for the state essential services
assessment program, the department shall administer the state essential
services assessment program. The program will provide the department the
ability to collect the state essential services assessment which is a phased-in
replacement of locally collected personal property taxes on eligible
manufacturing personal property.
Sec.
20-949f. Revenue from the tobacco products tax act, 1993 PA 327, MCL 205.421 to
205.436, related to counties with a 2000 population of more than 2,000,000 is
appropriated and shall be distributed under section 12(4)(d) of the tobacco
products tax act, 1993 PA 327, MCL 205.432.
Sec.
20-949h. Revenue from part 6 of the medical marihuana facilities licensing act,
2016 PA 281, MCL 333.27601 to 333.27605, is appropriated and distributed
pursuant to part 6 of the medical marihuana facilities licensing act, 2016 PA
281, MCL 333.27601 to 333.27605.
Sec.
20-949j. All funds in the wrongful imprisonment compensation fund created in
the wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to
691.1757, are appropriated and available for expenditure. Expenditures are
limited to support wrongful imprisonment compensation payments pursuant to
section 6 of the wrongful imprisonment compensation act, 2016 PA 343, MCL
691.1756.
Sec.
20-949k. There is appropriated an amount equal to the tax captured revenues due
under approved transformational brownfield plans created in the brownfield
redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2670.
REVENUE SHARING
Sec.
20-950. The funds appropriated in part 1 for constitutional revenue sharing
shall be distributed by the department to cities, villages, and townships, as
required under section 10 of article IX of the state constitution of 1963.
Revenue collected in accordance with section 10 of article IX of the state
constitution of 1963 in excess of the amount appropriated in part 1 for
constitutional revenue sharing is appropriated for distribution to cities,
villages, and townships, on a population basis as required under section 10 of
article IX of the state constitution of 1963.
Sec.
20-952. (1) The funds appropriated in part 1 for city, village, and township
revenue sharing are for grants to cities, villages, and townships such that,
subject to fulfilling the requirements under subsection (3), each city,
village, or township that received a payment under section 952(1) of 2019 PA 56
is eligible to receive a payment equal to 102.5% of its total eligible payment
under section 952(1) of 2019 PA 56, rounded to the nearest dollar. For purposes
of this subsection, any city, village, or township that completely merges with
another city, village, or township will be treated as a single entity, such
that when determining the eligible payment under section 952(1) of 2019 PA 56
for the combined single entity, the amount each of the merging local units was
eligible to receive under section 952(1) of 2019 PA 56 is summed.
(2)
The funds appropriated in part 1 for the county incentive program are to be
used for grants to counties such that each county is eligible to receive an
amount equal to 20% of the amount determined pursuant to the Glenn Steil state
revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. The amount
calculated under this subsection shall be adjusted as necessary to reflect
partial county fiscal years and prorated based on the total amount appropriated
for distribution to all eligible counties. Except as otherwise provided under
this subsection, payments under this subsection will be distributed to an
eligible county subject to the county's fulfilling the requirements under
subsection (3).
(3)
For purposes of accountability and transparency, each eligible city, village,
township, or county shall certify by December 1, or the first day of a payment
month, that it has produced a citizen's guide of its most recent local
finances, including a recognition of its unfunded liabilities; a performance
dashboard; a debt service report containing a detailed listing of its debt
service requirements, including, at a minimum, the issuance date, issuance
amount, type of debt instrument, a listing of all revenues pledged to finance
debt service by debt instrument, and a listing of the annual payment amounts
until maturity; and a projected budget report, including, at a minimum, the
current fiscal year and a projection for the immediately following fiscal year.
The projected budget report shall include revenues and expenditures and an
explanation of the assumptions used for the projections. Each eligible city,
village, township, or county shall include in any mailing of general
information to its citizens the internet website address location for its
citizen's guide, performance dashboard, debt service report, and projected
budget report or the physical location where these documents are available for
public viewing in the city, village, township, or county clerk's office. Each
city, village, township, and county applying for a payment under this
subsection shall submit a copy of the performance dashboard, a copy of the debt
service report, and a copy of the projected budget report to the department. In
addition, each eligible city, village, township, or county applying for a
payment under this subsection shall either submit a copy of the citizen's guide
or certify that the city, village, township, or county will be utilizing
treasury's online citizen's guide. The department shall develop detailed
guidance for a city, village, township, or county to follow to meet the
requirements of this subsection. The detailed guidance shall be posted on the
department's website and distributed to cities, villages, townships, and
counties by October 1.
(4)
City, village, and township revenue sharing payments and county incentive
program payments are subject to the following conditions:
(a)
The city, village, township, or county shall certify to the department that it
has met the required criteria for subsection (3) and submitted the required
citizen's guide, performance dashboard, debt service report, and projected
budget report as required by subsection (3). A department review of the
citizen's guide, dashboard, or reports is not required in order for a city,
village, township, or county to receive a payment under subsection (1) or (2).
The department shall develop a certification process and method for cities,
villages, townships, and counties to follow.
(b)
Subject to subdivisions (c), (d), and (e), if a city, village, township, or
county meets the requirements of subsection (3), the city, village, township,
or county shall receive its full potential payment under this section.
(c)
Cities, villages, and townships eligible to receive a payment under subsection
(1) shall receive 1/6 of their eligible payment on the last business day of
October, December, February, April, June, and August. Payments under subsection
(1) shall be issued to cities, villages, and townships until the specified due
date for subsection (3). After the specified due date for subsection (3),
payments shall be made to a city, village, or township only if that city,
village, or township has complied with subdivision (a).
(d)
Payments under subsection (2) shall be issued to counties until the specified
due date for subsection (3). After the specified due date for subsection (3),
payments shall be made to a county only if that county has complied with
subdivision (a).
(e)
If a city, village, township, or county does not submit the required
certification, citizen's guide, performance dashboard, debt service report, and
projected budget report by the first day of a payment month, the city, village,
township, or county shall forfeit the payment in that payment month.
(f)
Any city, village, township, or county that falsifies certification documents
shall forfeit any future city, village, and township revenue sharing payments
or county incentive program payments and shall repay to this state all payments
it has received under this section.
(g)
City, village, and township revenue sharing payments and county incentive
program payments under this section shall be distributed on the last business
day of October, December, February, April, June, and August.
(h)
Payments distributed under this section may be withheld pursuant to sections
17a and 21 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140,
MCL 141.917a and 141.921.
(5)
The unexpended funds appropriated in part 1 for city, village, and township
revenue sharing and the county incentive program shall be available for
expenditure under the program for financially distressed cities, villages, or
townships after the approval of transfers by the legislature pursuant to
section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec.
20-955. (1) The funds appropriated in part 1 for county revenue sharing shall
be distributed by the department so that each eligible county receives a
payment equal to 107.1760% of the amount determined pursuant to the Glenn Steil
state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921, less
the amount for which the county is eligible under section 952(2) of this part.
The amount calculated under this subsection shall be adjusted as necessary to
reflect partial county fiscal years and prorated based on the total amount
appropriated for distribution to all eligible counties.
(2)
The department shall annually certify to the state budget director the amount
each county is authorized to expend from its revenue sharing reserve fund.
Sec.
20-956. (1) The funds appropriated in part 1 for financially distressed cities,
villages, or townships shall be granted by the department to cities, villages,
and townships that have 1 or more conditions that indicate probable financial
distress, as determined by the department. A city, village, or township with 1
or more conditions that indicate probable financial distress may apply in a
manner determined by the department for a grant to pay for specific projects or
services that move the city, village, or township toward financial stability.
Grants are to be used for specific projects or services that move the city,
village, or township toward financial stability. The city, village, or township
must use the grants under this section to repair or replace critical
infrastructure and equipment owned or maintained by the city, village, or
township; for costs associated with a transition to shared services with
another jurisdiction; or to administer other projects that move the city,
village, or township toward financial stability. The department shall award no
more than $2,000,000.00 to any city, village, or township under this section.
(2)
The department shall provide a report to the senate and house of
representatives appropriations subcommittees on general government, the senate
and house fiscal agencies, and the state budget office by March 31. The report
shall include a list by grant recipient of the date each grant was approved,
the amount of the grant, and a description of the project or projects that will
be paid by the grant.
(3)
The unexpended funds appropriated in part 1 for financially distressed cities,
villages, or townships are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year
and shall be available for expenditure for projects under this section until
the projects have been completed. The following is in compliance with section
451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a)
The purpose of the project is to provide assistance to financially distressed
cities, villages, and townships under this section.
(b)
The projects will be accomplished by grants to cities, villages, and townships
approved by the department.
(c)
The total estimated cost of all projects is $2,500,000.00.
(d)
The tentative completion date is September 30, 2025.
BUREAU OF STATE LOTTERY
Sec.
20-960. In addition to the funds appropriated in part 1 to the bureau of state
lottery, there is appropriated from state lottery fund revenues the amount
necessary for, and directly related to, implementing and operating lottery
games under the McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239,
MCL 432.1 to 432.47, and activities under the Traxler-McCauley-Law-Bowman bingo
act, 1972 PA 382, MCL 432.101 to 432.120, including expenditures for
contractually mandated payments for vendor commissions, contractually mandated
payments for instant tickets intended for resale, the contractual costs of
providing and maintaining the online system communications network, and
incentive and bonus payments to lottery retailers.
Sec.
20-964. For the bureau of state lottery, there is appropriated 1% of the
lottery's prior fiscal year's gross sales for promotion and advertising.
MICHIGAN GAMINIG CONTROL BOARD
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 current fiscal year to a level lower than
the amount appropriated in part 1.
Sec.
20-978. The Michigan gaming control board shall use actual expenditure data in
determining the actual regulatory costs of conducting racing dates and shall
provide that data to the senate and house appropriations subcommittees on
agriculture and general government, the state budget director, and the senate
and house fiscal agencies. The Michigan gaming control board shall not be
reimbursed for more than the actual regulatory cost of conducting race dates.
Prior to the reduction in the number of authorized race dates due to budget
deficits, the executive director of the Michigan gaming control board shall
provide notice to the certified horsemen's organizations with an opportunity to
respond with alternatives. In determining actual costs, the Michigan gaming
control board shall take into account that each specific breed may require
different regulatory mechanisms.
Sec.
20-979. From the funds appropriated in part 1 for millionaire party regulation,
the Michigan gaming control board may receive and expend state lottery fund
revenue for necessary expenses incurred in the licensing and regulation of
millionaire parties pursuant to Executive Order No. 2012-4. In accordance with
section 8 of the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL
432.108, the amount of necessary expenses shall not exceed the amount of
revenue received under that act.
STATE BUILDING AUTHORITY
Sec.
20-1100. (1) Subject to section 242 of the management and budget act, 1984 PA
431, MCL 18.1242, and upon the approval of the state building authority, the
department may expend from the general fund of the state during the fiscal year
an amount to meet the cash flow requirements of those state building authority
projects solely for lease to a state agency identified in both part 1 and this
section, and for which state building authority bonds or notes have not been
issued, and for the sole acquisition by the state building authority of
equipment and furnishings for lease to a state agency as permitted by 1964 PA
183, MCL 830.411 to 830.425, for which the issuance of bonds or notes is
authorized by a legislative appropriation act that is effective for the
immediately preceding fiscal year. Any general fund advances for which state
building authority bonds have not been issued shall bear an interest cost to
the state building authority at a rate not to exceed that earned by the state
treasurer's common cash fund during the period in which the advances are
outstanding and are repaid to the general fund of the state.
(2)
Upon sale of bonds or notes for the projects identified in part 1 or for
equipment as authorized by a legislative appropriation act and in this section,
the state building authority shall credit the general fund of the state an
amount equal to that expended from the general fund plus interest, if any, as
defined in this section.
(3)
For state building authority projects for which bonds or notes have been issued
and upon the request of the state building authority, the state treasurer shall
make advances without interest from the general fund as necessary to meet cash
flow requirements for the projects, which advances shall be reimbursed by the
state building authority when the investments earmarked for the financing of
the projects mature.
(4)
In the event that a project identified in part 1 is terminated after final
design is complete, advances made on behalf of the state building authority for
the costs of final design shall be repaid to the general fund in a manner
recommended by the director.
Sec.
20-1102. (1) State building authority funding to finance construction or
renovation of a facility that collects revenue in excess of money required for
the operation of that facility shall not be released to a university or
community college unless the institution agrees to reimburse that excess
revenue to the state building authority. The excess revenue shall be credited
to the general fund to offset rent obligations associated with the retirement
of bonds issued for that facility. The auditor general shall annually identify
and present an audit of those facilities that are subject to this section.
Costs associated with the administration of the audit shall be charged against
money recovered pursuant to this section.
(2)
As used in this section, "revenue" includes state appropriations,
facility opening money, other state aid, indirect cost reimbursement, and other
revenue generated by the activities of the facility.
Sec.
20-1103. The state building authority shall provide to the JCOS, senate and
house fiscal agencies, and state budget director a report relative to the
status of construction projects associated with state building authority bonds
as of September 30 of each year, on or before October 15, or not more than 30
days after a refinancing or restructuring bond issue is sold. The report shall
include, but is not limited to, the following:
(a)
A list of all completed construction projects for which state building
authority bonds have been sold, and which bonds are currently active.
(b)
A list of all projects under construction for which sale of state building
authority bonds is pending.
(c)
A list of all projects authorized for construction or identified in an
appropriations act for which approval of schematic/preliminary plans or total
authorized cost is pending that have state building authority bonds identified
as a source of financing.
ONE-TIME APPROPRIATIONS
Sec.
20-1201. (1) From the appropriations in part 1 for local climate resilient
infrastructure grants, the department shall develop a competitive grant program
to support the planning efforts of local communities to prepare for and
strengthen their resiliency in relation to severe weather events and the
effects of changing climate conditions, as well as, provide infrastructure
grants that directly address the impacts and vulnerabilities presented by those
adverse conditions.
(2)
A total of $10,000,000.00 of these funds shall be designated for planning
grants that focus on the development of the following:
(a)
Local climate action plans.
(b)
Resiliency plans for communities impacted by high water levels and coastal
erosion.
(c)
Resiliency plans for communities with undersized infrastructure such as
culverts or sanitary storm sewers.
(d)
Zoning/planning ordinances for communities to prevent climate impacts and adopt
climate mitigation tools.
(3)
A total of $30,000,000.00 of these funds shall be designated for infrastructure
grants that focus on, but are not limited to, projects that address flooding,
coastline erosion, transportation networks, urban heat, and storm water
management.
(4)
Eligible participants to this grant program are regional councils of government
and local units of government. A local unit of government may act as a primary
project sponsor and fiduciary for a grant that includes partnerships or
consortiums with other public or non-profit organizations.
(5)
No one planning grant may exceed $200,000.00, and no one infrastructure grant
may exceed $2,500,000.00. A 20% match is required for all grants.
(6)
The department shall develop the grant program, selection criteria, timelines,
reporting and other requirements. Grant program information will be published
in an accessible location on the department's internet site. The department may
partner with other state agencies as necessary to develop and operate the
program.
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,
2021:
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 2021 is estimated at $36,378,259,900.00 in the
2021 appropriations acts and total state spending from state sources paid to
local units of government for fiscal year 2021 is estimated at $20,486,312,600.00. The
state-local proportion is estimated at 56.3% of
total state spending from state resources.
(2) If payments to local units of
government and state spending from state sources for fiscal year 2021 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
2021 to the senate and house of
representatives standing committees on appropriations within 30 days after the
final book-closing for fiscal year 2021.
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:
2019 2020 2021
Michigan
personal income (millions)........... $502,423 $521,013 $539,248
less: transfer payments....................... 105,110 109,070 112,964
Subtotal..................................... $397,313 $411,943 $426,284
Divided by:
Detroit Consumer Price Index...... 2.348 2.392 2.432
Equals: real adjusted Michigan personal
income..................................... $169,186 $172,249 $175,253
Percentage change................................. N/A 1.8% 1.7%
Growth rate in excess of 2%?...................... N/A 0.0% 0.0%
Equals: calculated transfer to
countercyclical
budget and economic stabilization fund for
the
fiscal year ending September 30, 2021
(millions) N/A $0.O
Growth rate less than 0%?......................... N/A NO
Appropriation from countercyclical budget and
economic stabilization fund allowed for the
fiscal year ending September 30, 2021?......... N/A NO
(2)
Notwithstanding subsection (1), there is appropriated for the fiscal year
ending September 30, 2021, from general fund/general purpose revenue for
deposit into the countercyclical budget and economic stabilization fund the sum
of $0.00.
REVENUE STATEMENT
Sec. 21-301. Pursuant to section 18 of
article V of the state constitution of 1963, fund balances and estimates are
presented in the following statement:
BUDGET
RECOMMENDATIONS BY OPERATING FUNDS
(Amounts
in millions)
Fiscal
Year 2021
Estimated
Beginning Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 524.5 10,580.4 1.5
School aid fund 263.1 16,489.9 12.3
Federal aid 0.0 20,664.0 0.0
Transportation funds 0.0 6,923.0 0.0
Special revenue funds 1,155.0 6,892.4 0.0
Other funds 1,201.1 38.2 1,239.3
TOTALS $3,143.7 $61,587.9 $1,253.1
